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HomeMy WebLinkAbout2002 Community Development Block Grant Program Augusta Richmond GA DOCUMENT NAME: 2002 Commv...h~lt~ ):)e.-v'2\a~~cnt ~\od . Gro..nt "V~0-rY' DOCUMENT TYPE: CO n-G\~ YEAR: 02.. BOX NUMBER: \ '-1 FILE NUMBER: t5800 NUMBER OF PAGES: b r.o3 y' - - CONTRACT BETWEEN AUGUSTA, GEORGIA AND NEIGHBORHOOD IMPROVEMENT PROJECT, INC. - FOR YEAR 2002 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM THIS AGREEMENT, made and entered into on this ~ day of Januarv,-2002, 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 NEIGHBORHOOD IMPROVEMENT PROJECT, INC., (hereinafter referred to as the "Subrecipient"). - WHEREAS,. the -Grantee has received a Community' Development Block Grant from the United ,_ States Oepartmentof Housing and Urban Development (HUD) under Title I of the Housing and . Community Development Act of 1974, as amended (42 use 5301 et seq.) (the Act); and WH~REAS, 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, program's, . or assistance in connection with such undertakings of the COn;1munity 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: 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 refer:.eoce. .... ..._ __~_____._. .._ .___ ..________._.____ .2. TERM; TERMINATION a. The services of the Subrecipient are to commence on Januarv 1, 2002 , 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 arid Conditions). This Agreement shall remain in effect until. December 31. 2002 ,or until this Agreement is otherwise terminated. ~~<..~ '\. -;-0 ".",oj.. '.,- :-f;: . ':IY~ " "ij_..~. . .",.11 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 1 .. 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: (1) Melvin Lowry, President (2) Melinda Rider, 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 procedureswill 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. 3 7. COMPENSATION The Subrecipient shall be paid a total consideration of $ 10,000 for full performance of the services specified under this Agreement. Any cost above this amount shall be the sole responsibility of the Subrecipient. Subrecipient shall submit monthly requests for 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 Subrecipientand 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 Actof 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 RehabilitationAct 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. 4 Subrecipient agrees to comply with the uniform administrative requirements specified at 24 CFR 570.!j02 and 24 CFR 570.610, including: If the Subrecipient is a government agency, OMB Circular A-87, "Principles for Determining Costs Applicable to Grants and Contracts with State, Local and Federally-Recognized Indian Tribal Governments;" OMB Circular A-128, "Audits of State and Local Governments" (implemented at 24 CFR 44); and the sections of 24-CFR 85, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments," specified at 24 CFR 570.502(a). If the Subrecipient is not a government agency, OMB Circular A-122, "Cost Principles for Non-Profit Organizations," or OMB Circular A-21 , "Cost Principles for Educational Institutions," as applicable; and OMB A-11 0, as specified at 24 CFR 570.502(b). 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 shall revertto the Grantee for use in the Community Development Block Grant Program. Program.income.is anticipated to be approximately $0. . 10. REVERSION OF ASSETS Upon termination of this contract, the Subrecipient shall transfer to the Grantee any CDBG allocated funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG . funds. . In addition, any equipment or 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. 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 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 5 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 atleast 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 Jhe Grantee, this Agreement is not assignable by the Subrecipient, either in whole or in part. 6 'j 18. ENTIRE CONTRACT; AL TERA TION 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. b. CLIENT DATA . Subrecipient agrees to maintain racial, ethnic, gender, head of household, household income, and household siz_e 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; 2003. 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: (1) Records providing a full description of each activity undertaken; (2) Records demonstrating that each activity undertaken meets one of the National Objectives of the CDSG Program; _ (3) Records required to determine the eligibility of activities; (4) Financial records as required by 24 CFR Part 570.502, and OMS Circular A-133; and _ (5) 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 Of any authorized representative has access to and the right to examine all records, books, papers, or documents related to the project. 7 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 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 prohibiti6ns 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 8 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 When procuring property, goods and services under $1 00,000, the Subrecipient shall follow Augusta-Richmond C6unty's procurement procedures, which reflects applicable state and local laws and regulations. For the purchases of $100,000 or more, federal laws, regulations and standards apply. . m. EQUIPMENT AND PERSONAL PROPERTY (1) Use. Equipment and personal property shall be used by the Subrecipient in the program or project for which it was acquired as long as need, whether or not the project or program continues to be supported by Federal funds. (2) Disposition. When no longer needed for the original program project, disposition of any equipment or personal property of any kind shall be determined and approved by the Grantee consistent with provisions of 24 CFR 570.202 and Circular A-110, except (a) In all cases in which personal property is sold, the proceeds shall be program income, and (b) Personal property not needed by the Subrecipient for CDBG activities shall be transferred to the Grantee for the Community Development program or shall be retained after submitting compensation to the Grantee for the Community Development program or shall be retained after submitting compensation the Grantee for the Community Development program, and (c) Compensation for items of equipment or personal property retained or sold shall be an amount calculated by multiplying the current market value or proceeds from sale by the percentage of CDBG funds provided on the 9 original cost of equipment or personal property. (3) Management and Requirements. Procedures for managing equipment (including replacement equipment) and personal property, whether acquired in whole or in part with grant funds, until disposition takes place shall, as a minimum, meet the following requirements: (a) Written notification must be given to the Housing and Neighborhood Development (HND) Department within seven.(7)-calendar days after deli",ery to the Subrecipient of equipment or personal property in order for HND to effect identification and recording for inventory purposes. Property records must be maintained that include a description of the property, a serial number or other identification number, the source of property, who holds title, the acquisition date and cost of the property, percentage of CDBG funds in the cost of ultimate disposition data including the date of disposal and sale price of the property. (b) A physical inventory ofthe property must be taken and the results reconciled with the property records at least once a year. . (c) A control system must be developed to ensure adequate safeguards to prevent loss, damage or theft of the property. Any loss, damage or theft shall be investigated by the Subrecipient and reported to the Grantee. (d) Adequate maintenance procedures must be developed to keep th~ property in good condition. (e) If the Subrecipient is authorized or required to sell the property, proper sales proced.ures must be establisher to ensure the highest possible return. n. OWNERSHIP AND USE OF REAL PROPERTY (1) Use and Disposition. In accordance with 24 CFR 570.503(a)(8), any real property under the Subrecipient's control that was acquired or improved in whole or in part with CDBG funds shall meet the following requirements: . (a) Such real property must be used to meet one of the national objectives in 24 CFR 570.208 for a period of.five years immediately following the expiration of the term of thilS. Agreement; or (b) If such real property is not used in accordance with subsection (n)(1 )(a), next above, during the five-year period immediately following the expiration of the term of this Agreement, the Grantee shall be reimbursed in the amount of the current fair market value of such real property less any portion of the value attributable to such real property less any. portion of the value attributable to expenditures of non-CDBG funds for acquisition, or improvement of such real property. (2) Change in Use. In the case of acquisition or improvement of real property prior to any change in use of the real property or planned use of any such property (including beneficiaries of such use) form its original approved expiration of the term of this Agreement, the Subrecipient shall notify the grantee in writing for the Grantee's written prior approval to the change of use. The calculation of any funds and/or monies which may be due hereunder as a result of any change in use during such five-year period shall be made at the sole discretion of the Grantee or its 10 designee. (3) Program Benefit. The Subrecipient agrees that the funds, plus any monies contemplated by 24 CFR 570.503(a)(8) shall be returned to the Gran.tee, if in the determination of the Grantee, the program benefit requirements for use of real property are not met by the Subrecipient at any time during the five-year period immediately following the expiration of the term of this Agreement. The calculation of any funds and/or monies which may be due hereunder shall be determined solely by the Grantee. (4) Grant of Lien. Prior to disbursement of any amount of funds to the Si..Jbrecipient for the acquisition, improvement, or disposition of any real property to be used for any use or purpose by the Subrecipient, the Grantee and the Subrecipient shall execute a promissory note and deed to secure debt which shall contain such.terms and conditions as the Grantee in its sole discretion shall require. 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 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. (2) The Subrecipient will, in all solicitations or advertisements for employees placed by or on behalf of the Subrecipient, state that all qualified applicants will receive consideration for employment wi~hout 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 11 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 of the rules, regulations, and relevant orders . of the Secretary of Labor. - . (5) The Subrecipient will furnish all information and reports required by Executive Orders 112460f 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. (6) In the event of the Subrecipient's noncompliance with the nondiscrimination clauses of this Contract or with any of the said rules, regulations, or orders, this Contract may be canceled, terminated, or suspended in whole or in part and the Subrecipient may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, as. amended, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, as amended, or as otherwise provided by law. . (7) The Subrecipient will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor, issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, as amended, so that such provisions will be binding upon each subcontractor or vendor. The Subrecipient will take such action with respect to any subcontract or purchase order as HUD may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided, however; that in the event a Subrecipient becomes involved in, or is threatened with, litigation with a subcontractor or vendor as'a result of such direction by HUD, the Subrecipient may request the United States to enter into such litigation to protect the interests of the United States. b. Equal Opportunity in Participation Under the terms of Section 109 of the Housing and Community Development Act of 1974, and in conformancewith Grantee policy and all requirements imposed by or pursuant to the Regulations of HUD (24 CFR Part 570.601 and 570.602) issued 12 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: (1) Deny any facilities, services, financial aid, or other benefits provided under. the program or activity. (2) 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. . (3). 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. (4) 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. (5) Treat an individual differently from others in determining whether the .individual satisfi~s 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. (6) 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 Busin~ss 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 teri11"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. 13 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 employmentbe 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 ofthe 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 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 oLrace, 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 than those prevailing on similar construction in the locality as determined by the, Secretary of Labor, and shall pay overtime compensation in accord~nce 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 14 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"aving 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 by persons of moderate income, the grantee certifies to the Secretary of HUD that it lacks 15 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 Subrecipientwill conduct any acquisition, rehabilitation, or demolition, of real property, and any negotiations foracquisitioni r.ehabilitation, 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 amf?nded, 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 Subrecipientcertifies 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. 16 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 ever/ provision of law and clause required by law to be inserted in this Contract shaH 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 o( 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 sch.edule set forth in Appendix B. 17 .' IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first written above. ATTEST: ., ~.~'"'t':~T...k ....~~ ~'~ ,s.",j/'.l;"ri'" ,,-'""\.:' ....... j) ~ ~'S'EA CC>~~ "'7.1; ~~'::>.-. ''''''c:- 'h: '-" . '''''' ~.' ~;...-";' 0 'J;. --.-- /'..."I"'~..,-..~.... f,:"" ; ..... e a_~:-Bonner . ", CIE?J~~cJ;Qom!T1iSsion .. ~ '" .' I ~ ... _ _ ..ATTEST: SEAL Janice Bailey . As its Corporate 8 ~J810~~ (Plain Witness) crrl NEIGHBORHOOD IMPROVEMENT PROJECT. INC. (Subrecipient) By: n1d~ t:: ~~ Melvin Lowry. As its President 18 .' APPENDIX A Proiect Area The administrative office of the agency is located at 2467 Golden Camp Road. The proposed locations are Belle Terrace Presbyterian Church, 2454 Golden Camp Road; Broadway Baptist Church, 2323 Barton Chapel Road; and Bernie Ward Community Center, 1925 Lumpkin Road, Augusta, Georgia. APPENDIX B Goals. Obiectives. and Tasks The Student and Family Enrichment Program (SAFE) seeks to address the problem of early school failure in the 30906 ZIP Code area by reaching at risk children before they reach high school. With ._ concentrated tutoring on a frequent and regular basis (two hours per day, two days per week), children receive individualized attention in those areas where they are in danger of failing. Community Development Block Grant (CDBG) funds will be us.ed for the salaryJor youth tutors. The Subrecipient shall maintain a written description of each program it approves for each Center and this description shall include the purpose of each program, the activities involved, a list :of program participants, including socio-economic data and the responsible staff member(s). or volunteers. Also, a detail attendance register shall be maintained for each Center at all times. The CDBG funds will approximately serve 300 low to moderate-income youth with tutoring during year 2002. The Subrecipient shall maintain time sheets, detailing the hours worked by the Center's staff. These time sheets shall be collected every two weeks and shall identify the hours worked by each staff persons on approved programs. Each of the Center's staff persons shall fill out and sign his or her time sheet prior to receiving payment from the Subrecipient. The Subrecipient shall submit to the Grantee copies of the Center's staff time sheets, canceled paychecks, and a copy of the payroll report to recei\le reimbursement. APPENDIX C . Budoet Salary for youth tutors $10,000.00 $10,000.00 - TOTAL 19 APPENDIX D Reoortina 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, 2002, July 15, 2002, October 15, 2002 and January 15, 2003. 3. Annual Report 4. Audit Report (Due 30 days afte.r completion of audit). ATTACHMENT #1 Reaulations, Circulars & Local Procurement Policv 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 20 f(:. ATTACHMENT #2 Forms Reimbursement Request Monthly Statistical Report Quarterly Report Annual Report Time Sheet 21 r ~ .--.". ~.~- ORIGINAL CONTRACT BETWEEN AUGUSTA, GEORGIA AND HOUSING AUTHORITY OF THE CITY OF AUGUSTA FOR YEAR 2002 COMMUNITY DEVELOPMENT BLOCK GR~tJT pROGRAM THIS AGREEMENT, made and entered into on this 1st-:~day of..J.anuary(2002, by and between AUGUSTA, GEORGIA, by and through the Augusta-Richmond County Commission, as the Implementor of the Community Development .Block:-:(3rant Program (hereinafter referred to as "Grantee"), and HOUSING AUTHORITY OF THE-C'il"v OF AUGUSTA, (hereinafter referred to as the "Subrecipient"). 'L.: c:. : de '::. ~:::: .". . . .. . WHEREAS, the Grantee has received a Comn1u~jty 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 Gtantee is. undertaking certain programs and services necessary for the planning, implementation and exeqution of such a Community Development Block Grant Program; and .. .. .....:... . I WHEREAS, the Grantee desires to engage theSuprecipient to render certain services, programs, or assistance in connection with such undertaklngsofJ.he Community Development Block Grant: Program, situated in the Project Area described in Appendix A. ... NOW, THEREFORE, the parties heretp 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 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. The programs include: "FunZone s~.~:;"e~ Camp" "Little World ofL..earnlngSummer Camp" "Cherry Tree Crossirg ~outh 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. ,-,'.. ~".".i - .: <.: '....-'i .: ~~"J ~!- ;1. ~ .: i.., { '" ';!",,~: I ":"'~:!:: :':'~;-~ '~,. .1" It.-. 2. TERM; TERM!NATIONh:\ ,~.~ .-.::,,~::- ... ., .1.'0..1..'...., !:-.'t.;,';l-.'l .. -, .~ \ '.....:> , ~ ";:~'. !.l~'.- , ..; ,.': ,'.:{ '" ;~,~ .. " ,. '........~., " a. The services d the Subrecipient are to commence on January 1,2002, 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 effectuntil December 31, 2002, or. until this Agreement is otherwise. ': _ terminated.. .. . ., ... .;~;.:::i:i. ",:.;..K;:,:,'I .. i. -'.., ."...i.... . ... .. , .~.! . . . .' ,.;.:::t :~:>::'ct;(;;'~ 'i ri :'-~;':~">[::' :-":~?iT(!:~ '~r::'~ .~: .,' ~fr2~:::~. ;' ":~"~'(b.~:~ ,~; ',. ,)f ;:j": ~.; : i' '.'~: .;-') 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-110. (3) Expends fund~ 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 Grant~e of substandard performance under the terms of this Agreement. 2 3: KEY PERSONNEL a. Subrecipient shall assign to this Contract the following key personnel: (1) Jacob L. Oglesby, Executive Director (2) Harden Oldfield, Director of Resident Services (3) Jackie Reeves, Child Development Center 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 h~rein. 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 periodshall 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$ 20,000 for full performance of the services specified under this Agreement. Any cost above this amount shall be the sole responsibility of the 3 I- I Subrecipient. Subrecipient shall submit monthly requests for payments to the Housing and Neighborhood Development (HND) Department. Compensatio.n 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 the15 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. Subrecipient agrees to comply with the uniform administrative requirements specified at 24 CFR 570.502 and 24 CFR 570.610, includi~g: If the Subrecipient is a government agency, OMB Circular A-87, "Principles for Determining Costs Applicable to Grants and Contracts, with State, Local and Federally-Recognized Indian Tribal Governments;" OMS Circular A-128, "Audits of State and Local Governments" (implemented at 24 CFR 44); and the sections of 24 CFR 85, "Uniform Administrative Requirements for Grants and 4 Cooperative Agreements to State and Local Governments," specified at 24 CFR 570.502(a). If the Subrecipient is not a government agency, OMB Circular A-122, "Cost Principles for Non-Profit Organizations," or OMB Circular A-21 , "Cost Principles for Educational Institutions," as applicable; and OMB A-110, as specified at 24 CFR 570.502(b). 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 shall revert to the Grantee for use in the Community Development Block Grant Program. Program income is anticipated to be approximately $0.. . 10. REVERSION OF ASSETS Upon termination of this contract, the Subrecipient shall transfer to the Grantee any CDBG allocated funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds.. In' addition, any equipment or real property under the Subrecipient's control acquired or improved: in whole or in part with CDBG funds (including funds provided to the Subrecipientin the form of a loan) in ~xcess 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 theSubrecipient 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 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. 6 19. GENERAL TERMS AND CONDITioNS a. REPORTS The Subrecipient agrees to sUQmit 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, 2,003. 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: (1) Records 'providing a full description of each activity undertaken; (2) Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG Program; (3) Records required to determine the eligibility of activities; (4) Financial records as required by 24 CFR Part 570.502, and OMB Circular A-133; and (5) 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 docume,nt 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 7 '. . 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. PERM ITS 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. 8 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. The Subrecipient shall consult Grantee on any procurement to assure conformance with applicable laws, regulations and standards. 20. OTHER PROVISIONS a. Equal Employment Opportunity The following provisions (1) and (2) are applicable to all contracts and subcontracts; provisions (3) throug~ (7) are applicable to all non-exempt construction contracts and subcontracts whichexceed $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 transfe~, 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. (2) The Subrecipient will, in all solicitations or advertisements for employees pl~ced 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. 9 (3) The Subrecipient will send to each labor union or representative of work6"s 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 of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The Subrecipient will furnish all information and reports required by Executive Orders 11246 of September 24, 1965, as amended, and by rules, regulations, and orders of the Secretary of Labor, or pursuant 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 even(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. (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 thatsuch provisions will be binding upon each subcontractor or vendor. The Subrecipient will take such action with respe<::t 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 Subrecipierit 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 10 pursuant to Section 109, no person in the United States shall o!", 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: (1) Deny any facilities, services, financial aid, or other benefits provided under the program or activity. (2) 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. (3) 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. (4) 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 of activity. - (5) 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. (6) 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-Afri~ah-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 res'ponse 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 assistahce 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 Jurther 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. 12 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 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 assess.ment that relates to the capital costs of sLich 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). 13 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; Ifany funds other than Federal appropriated funds have been paid orwill 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 instructi.ons; 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 14 who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $1.00,000 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 th"e 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: ~~ ,- ,. --,..._--- ,. , "\' . ~.llo. _ ~:;~~\ ........ ~ ..... '" .~ - .. ATTEST: SEAL ~a_ ~#&-- Charles L. Mason ~aih~flJ tfJSY: t AUGUSTA, GEORGIA ~rah: . s~Young~ As it Mayor ... By: 16 '. APPENDIX A Project Area The activities will be undertaken at the following locations: 1. FunZone Summer Camp - Richmond County Recreation & Parks Department 2. Little World of Learning Summer Camp -1425 Walton Way, Augusta, GA 3. Cherry Tree Crossing Youth Center Camp - 1694 Hunter Street, Augusta, GA APPENDIX B Goals, Objectives, and Tasks The Housing Authority of the City of Augusta will provide summer enrichment activities for youths living 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 low-income youths may participate. The Little World of Learning Summer Camp will sponsor a ten week period, ten hours a day summer camp program during the months of June, July and August 2002. Funds will used to provide 40 activity scholarships for children to attend summer camp activities. Low income school age children, ages 5-12 years will be eligible'to participate in the activities. FunZone Summer Camp will provide summer recreational activities for children of public housing residents ages 6-12 ages. 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. 60 activity scholarships will be provided. . Cherry Tree Crossing Youth Center Camp program will run 5 hours a day, Monday through Friday for four weeks. Activities willin-clude computer training, games, skill-building activities and field trips. 25 youths will participate. Each camp will maintain records reflecting the names of the youths, income eligibility, schedule, schedule of trips to include dates, destination, purpose of trip and attendees. APPENDIX C Budget Summer Tuition Scholarships $ 20,000.00 $ 20,000.00 TOTAL 17 '. . ' , APPENDIX D Reporting 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, 2002, July 15, 2002, October 15, 2002 and January 15, 2003. 3. Annual Report 4. Audit Report (Due 30 days after completion of audit). ATTACHMENT #1 Regulations, Circulars & Local Procurement Policy 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. OMS Circular A-133, "Audits of Institutions of Higher Education and Other Non-Profit Institutions" 5. Augusta-Richmond County Procurement Policy 18 , I , ~., ATTACHMENT #2 Forms Reimbursement Request Monthly Statistical Report Quarterly Report Annual Report 19 ~ ORJGH\jAL CONTRACT BETWEEN AUGUSTA, GEORGIA. AND TRANSITION CENTERS, INC. YEAR 2002 COMMUNITY DEVELOPMENT BLOCK ~RANT PROGRAM THIS AGREEMENT, made and entered into on this ~ day of January, 2002, 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) ~nder 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: "TRANSITION CENTERS IMPROVEMENTS" The purpose for the project is to provide transitional housing for low and moderate income persons suffering from substance abuse problems. 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, 2002, and 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, 2002, 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 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. 2 ';' 3. KEY PERSONNEL a. Subrecipient shall assign -to this Contract the following key personnel: (1) Maggie M. Banks, Administrator 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 afterthe 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 com'parable 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 aU 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 rejectjon 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 $75,000 for full performance of the services specified under this Agreement. Any cost above this amount shall be the sole responsibility of the Subrecipient. Subrecipient shall submit, monthly requests for payments to the Housing and 3 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 offunds received pursuant to this Agreement shall be in accordancewith 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 thisAgreement. 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 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. Subrecipient agrees to comply with the uniform administrative requirements specified at 24 CFR 570.502 and 24 CFR 570.610, including: If the Subrecipient is a government agency, OMBCircular A-87, "Principles for Determining Costs Applicable to Grants and Contracts with State, Local and Federally-Recognized Indian Tribal Governments;" OMB Circular A-128, "Audits of State and Local Governments" (implemented at 24 CFR 44); and the sections of 24 CFR85, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments," specified at 24 CFR 570.502(a). If the 4 Subrecipient is not a government agency, OMB Circular A-122, "Cost Principles for Non-Profit Organizations," or OMB Circular A-21 , "Cost Principles for Educational Institutions," OMB Circular A-133, "Audits of Institutions of Higher Education and Other Non-Profit Institutions," as applicable; and OMB A-110, as specified at24 CFR-570.502(b). 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 shall be retained by Subrecipient and used for eligible CDBG activities. Records of receipt and disposition of program income must be maintained by Subrecipientin the same manner as required for other funds and reported to Grantee on a quarterly basis. 10. REVERSION OF ASSETS Upon termination of this contract, the Subrecipient shall transfer to the Grantee any CDBG allocated funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. .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 poli~ies 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, 5 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 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 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. 6 b. CLIENT DATA Subrecipient agrees to maintain racial, ethnic, gender, head of ~ousehold, 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, _2003. 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: (1) Records providing a full description of each activity undertaken; (2) Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG Program; (3) _ Records required to determine the eligibility of activities; (4) Financial records as required by 24 CFR Part 570.502, and OMB Circular A-133; and (5) Other records necessary to document compliance with Subpart K of 24 CFR 570. Subrecipient agrees to keep all nece~sary books and records, including property, personnel and financial records, in conn~ction 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. . 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 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 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 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 responsible for time, means and 8 manner for performance of the services required of it by the terms of this Contract. The Subrecipient assumes exclusively the responsibility for the acts of its employees as they relate to the services provided during the course and scope of their employment. L PROCUREMENT When procuring property, goods and services under $1 00,000, the Subrecipient shall follow Augusta-Richmond County's procurement procedures which reflects applicable state and local laws and regulations. For purchases of $1 00,000 or more. federal laws, regulations and standards apply. m. EQUIPMENT AND PERSONAL PROPERTY (1) Use. Equipment and personal property shall be used by the Subrecipient in the program or project for which it was acquired as long as need, whether or not the project or program continues to be supported by Federal funds. (2) Disposition. When no .Ionger needed for the original program project, disposition of any equipment or personal property of any kind shall be determined and approved by the Grantee consistent with provisions of 24 CFR 570.202 and Circular A-11 0, except (a) In all cases in which personal property is sold, the proceeds shall be program income, and (b) Personal property not needed by the Subrecipient for CDSG activities shall be transferred to the Grantee for the Community Development program or shall be' retained. after submitting compensation to the Grantee for the Community Development . program, and (c) Compensation for items of equipment or personal property retained or sold shall be an amount calculated by multiplying the current market value or proceeds from sale by the percentage of CDBG funds provi~ed on the original costs of equipment or personal property . (3) Management and Requirements. Procedures for managing equipment (including replacement equipment) and personal property, whether acquired in whole or in part with grant funds, until disposition takes place shall, as a minimum, meet the following requirements: (a) Written notification must be given to the Housing and Neighborhood Development (HND) Department within seven (7) calendar days after delivery to the .Subrecipient of equipment or personal property in order for HND to effect identification and recording for inventory purposes. Property records must be maintained that include a description of the property, a serial number or other identification 9 number, the source of property, who holds title, the acquisition date and cost of the property, percentage of CDBG funds in the cost of the property, the location, use and condition of the property, and any ultimate disposition data including the date of disposal and sale price of the property. (b) A physical inventory of the property must be taken and the results reconciled with the property records at least once a year. (c) A control system must be developed to ensure adequate safeguards to prevent loss, damage or theft of the property. Any loss, damage or theft shall be investigated by the Subrecipient and reported to the Grantee. (d) Adequate maintenance procedures must be developed to keep the property in good condition. (e) .If the Subrecipient IS authorized or required to sell the property, proper sales procedures must be established to ensure the highest possible return. n. OWNERSHIP AND USE OF REAL PROPERTY (1) Use and Disposition. In accordance with 24 CFR 570.503(a)(8), any real property under the Subrecipient's control that was acquired or improved in whole or in part with CDBG funds shall meet the following requirements: (a) Such real property must be used to meet one of the national objectives in 24 CFR 570.208 for a period of five years immediately following the expiration of the term of this Agreement; or (b) If such real property is not used in accordance with subsection (n)(1 )(a), next above, during the five-year period immediately following the expiration of the term of this Agreement, the Grantee shall be reimbursed in the amount of the current fair market value of such real property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition, or improvement of such real property. . (2) Change in Use. . In the case of acquisition or improvement of real property, prior to any change in use of the real property or planned use of any such property (including beneficiaries of such use) from its original approved purpose at any time during the five-year period immediately following the expiration of the term of. this Agreement, the Subrecipient shall notify the Grantee in writing for the Grantee's written prior approval to the change of use. The talculationof any funds and/or monies which may be due hereunder as a result of any change in use during such five-year period shall be made at the sole discretion of the Grantee or its designee. 10 (3) Program Benefit. The Sub recipient agrees that the funds, plus any monies contemplated by 24 CFR 570.503(a)(8) shall be returned to the Grantee, if, in the determination of the Grantee, the program benefit requirements for use of real property are not met by the Subrecipient at any time during the five-year period immediately following the expiration of the term of this Agreement. The calculation of any funds and/or monies which may be due hereunder shall be determined solely by the Grantee. (4) Grant of Lien. Prior to disbursement of any amount .of funds to the Subrecipient for the acquisition, improvement, or disposition of any real property to be used for any use or purpose by the Subrecipient, the Grantee and the Subrecipient shall execute a promissory note and deed to secure debt which shall contain such terms and conditions as the Grantee in its sole discretion shall require. 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 sh,all take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their ra-ce, 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. (2) The Subrecipient will, in all solicitations or advertisements for employees placed by or on behalf of the Subrecipient, state thatall 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 II workers' representatives of the Subrecipient's commitments under this section, and shall post copies of the notice in conspicuous places available to employees aQd 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 of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The Subrecipient will furnish all information and reports required by Executive Orders 11246 of September 24, 1965, as amended, and by rules, regulations, and orders of the Secretary of Labor, or pursuant 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 or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, as amended, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, as amended, or.as otherwise provided by law. : (7) The Subrecipient will include 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 Qrder 11246 .of September 24, 1965, as amended, so that such provisions will be binding upon each subcontractor ~r 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 pursuantto Section 109, no person in the United States shall on the ground of race, color, creed, religion, sex, age, handicap, disability, sexual orientation, ancestry, 12 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: (1). Deny any facilities, services, financial aid, or other benefits provided under the program or activity. (2) 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. (3) 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. . . .(4) 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. - (5) 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. (6) 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, invest'igation. 13 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 DevelopmentAct 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 ofthe.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 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 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. 14 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 sta'ndardsofthe 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 betaken 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 Sectioi1106 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 15 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 eithertemporary 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 Feqeral 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". i~ accordance with its instructions; and 16 It will require that the language of this paragraph M be included in the award documents for all subawards at all tiers (including subcontractors, subgrants, and contracts under 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. 17 IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first written above. - ATTEST: AUGUSTA. GEORGIA (Grantee) rtj: , , 777=i';:\"0 . J ATTEST: TRANSITION CENTERS, INC. (Subrecipient) SE.AL By: rAav;JJl; tfh ifF- . Lavette Roey ~ . . As its Corporate Secretary (Plain Witness) 18 . APPENDIX A Proiect Area The project location is 1835 Wrightsboro Road and 1328-1330 Baker Avenue (rental property), Augusta, Georgia. APPENDIX B Goals. Obiectives, and Tasks The purpose of Transition Centers, Inc. is to provide transitional and permanent housing, rehabilitative and supportive services to homeless and low/moderate income persons suffering from ,substance abuse problems. The goals are to (1) assist clients to overcome drug and/or alcohol addictions, (2) assist clients to become productive citizens, and (3) assist clients to become independent and self-sufficient. Residents of the center are provided a comprehensive, intensive support structure that addresses the residents needs on a number of levels -- physical, emotional, and psychological. During year 2002, it is anticipated that 100 persons will be provided services, all lower-income according to the standards of the U.S. Department of Housing and Urban Development. The center consists of four (4) buildings with a total of 14 units located.at 1835, 1837, 1839 . Wrightsboro Road and 1328-1330 Baker Avenue. The Wrightsboro Road ur:tits will be used for transitional housing and emergency shelter.. The Baker Avenue units (rental property) will be used as permanent housing for persons graduating from the program and other low and moderate income persons. CDBG funds will be used as follows: 1.. Transition Center "Bridge to a Brighter Future" Program - Public Facility Project located .at 1835 Wrightsboro Road - Purchase of a commercial-type freezer for use by the Transition Center. 2. Improvements to rental property located at 1328-1330 Baker Avenue. Rents must be set at levels which are affordable to low and moderate income persons. Subrecipient shall develop specifications and seek sealed bids by formal advertising. The invitation for bids shall be publicly advertised in the Augusta Chronicle and at least one minority newspaper. Bids shall be solicited from an adequate number of known suppliers/vendors,. providing them sufficient time prior to the date set for opening of the bids. All bids shall be publicly opened at the time and place prescribed in the invitation for bids. Award of bid shall be made to the most responsive bidder. Construction shall be completed by December 31, 2002. Monitoring of construction and inspection of work will be carried by the city. . 19 . . APPENDIX C Budoet Freezer Construction Total Budget $10,000 $65,000 $75,000 APPENDIX D Reoortino Requirements 1. Monthly Statistical Reports - Due each month by the 15th for the previous month. 2. Quarterly Progress Reports & Financial Reports Due April 15, 2002, July 15, 2002, October 15, 2002 and January 15, 2003. 3. Annual Report Statistical and Accomplishment Report- January 30, 2003. 4. Annually submit a written "Use of Property Certification" report describing the use of the property and shall certify that the properties were used only for the purposes described in this agreement. The report shall include the names of the occupants of the property and socio-economic data for each individual/family. Due annually for five (5) years by January 30. 6. Audit Report (Due 30 days after completion of audit). ATTACHMENT #1 ReQulations. Circulars & Local Procurement Policy 1. Community Development Block Grant Entitlement Program 24 CFR 570 2. OMS Circular A-122 - "Cost Principles farNan-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 -ATTACHMENT #2 Fonns · Reimbursement Request · Monthly Statistical Report · Quarterly Progress Report · Quarterly Financial Report · Annual Report 20 lo . ~ . ,'# QUARTERLY FINANCIAL REPORT Program Year Period Reporting Period Subrecipient Address Contact Person . I Phone # Federal ID # Project Name I Project # I. GRANT(S): Expended to Program Amount Obligated to Date Date Balance II. . .LOAN(S): Expended to Program Amount Obligated to Date Date Balance m. PROGRAM INCOME Amount Received to Amount Expended . Program Date to Date Balance SOURCE OF PROGRAM INCOME: I I USE OF PROGRAM INCOME: ~, . . ORIGINAL CONTRACT BETWEEN AUGUSTA, GEORGIA - AND AUGUSTA-RICHMOND COUNTY RECREATION DEPARTMENT COMMUNITY DEVELOPMENT BLOCK GRANT PRQGRAM THIS AGREEMENT, made and entered into on this 15th day of Mav, 2001, by and between .. ..__ __ _ A U.G_USTA,__GEQRGIA,_by_and_tbro.ugh_tbe_Augusta=Bich mond_:County__Com m ission ,as.jhe__._~ Implementor of the Community Development Block Grant Program (hereinafter referred to as "Grantee"), and Augusta-Richmond County Recreation Department, (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 of1974, 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: "Doughty P~rk Improvements" 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 comrrience on May 1.5, 2001, and 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 May.14, 2002, 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 HUDto 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 (6r 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: (1) Tom F. Beck, Jr., Director b. During the period of performance, Subrecipient shall make no substitutes of key personnel unless the substitution is necessitated by iIIness,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 re'quested 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 $100,000 for full performance of the services. specified under this Agreement. Any cost above this amount shall be the sole responsibility of the Subrecipient.. Subrecipient shall submit monthly requests for payments to the Housing and 3 Neighborhood Development (HND) Department. Compensation shall be allowed on a reimbursement basis, only after expenditures have been incurred by the SLibrecipient 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 reimbursementrequest 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"----------:- ------~------. _.______u____ ------------------ Payments will be made on a monthly basis only with a 30-day turnaround period by Grantee. . ~ Requests forpayments 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 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. Subrecipient agrees to comply with the uniform administrative requirements specified at 24 CFR 570.502 and 24 CFR 570.610, including: . Ifthe Subrecipient is a government agency,OMB Circular A-87, "Principles for Determining Costs Applicable to Grants and Contracts with, State, Local and Federally-Recognized Indian Tribal Governments;" OMB Circular A-128, ."Audits of State and Local Governments" (implemented at 24 CFR 44); and the sections of 24 CFR 85, "Uniform Administrative Requir~ments for Grants and Cooperative Agreements to State and Local Governments," specified at 24 GFR 570.502(a). 4 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 shall revert to the Grantee for use in the Community Development Block Grant Program. Program income is anticipated to be approximately $0. 10. REVERSION OF ASSETS Upon termination of this contract, the Subrecipient shall transfer to the Grantee any CDBG allocated funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. 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 Ifapplicable, 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 Subre~ipient hereunder shall be cancelable without at least 15 days advance written 5 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 .Iabeled as to funding source. In addition, the Subrecipient will include a reference to the support -,. .-.- provided-herein-all- publications-made-possi ble.with-fu nds-made -available-u nder--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 orthe 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 specified in Appendix D. b. . 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: 6 (1) Records providing a full description of each activity undertaken; (2) Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG Program; (3) Records required to determine the eligibility of activities; (4) Financial records as required by 24 CFR Part 570.502, and OMB Circular A-133;and (5) Otherrecords 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 accorda.nce 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. c. ACCESS TO RECORDS TheSubrecipient 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. d. 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, I 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 CFR91.520, 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. e. PERMITS The Subrecipient agrees to obtain all necessary permits for intended-improvements or activities. f. AFFIRMATIVE ACTION The Subrecipient, if its program involves housing, agrees to affirmatively further fair housing. 7 g. 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-finaneial-interest,--direet-or-indireet,-in--any---contract-of-sl:Jbcontract-j--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. h. AUTHORIZATION TO EXECUTE AGREEMENT The undersigned person signing as an officer on behalf of the SJ..lbrecipient, 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. i. 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. j. INDEPENDENT CONTRACTOR Nothing containedin this Agreement is intended to, or shall be construed in any mannerto, 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 itby the terms of this Contract. The Subrecipient assumes exclusively the responsibility for the acts of its employees as they relate to the services provid~ci during the course and scope of their employment. 8 , , k. PROCUREMENT When procuring property, goods and services under $1 00,000, the Subrecipient shall follow Augusta-Richmond County's procurement procedures which reflects applicable state and local laws and regulations. For purchases of $100,000 or more. federal laws, regulations . and standards apply. I. EQUIPMENT AND PERSONAL PROPERTY (1) Use. Equipment and personal property shall be used by the Subrecipient in the program or project for which itwas acquired as long as need, whether or not the project or program continues to be supported by' Federal funds. (2) Disposition. When no longer needed for the original program project, disposition of any equipment or personal property of any kind shall be determined and approved by the Grantee consistent with provisions of 24 CFR 570.202 and Circular A-110, except (a) In all cases inwhich personal property is sold, the proceeds shall be. program income, arid (b) Personal property not needed by the Subrecipient for CDBG activities shall be transferred to the Grantee for the Community Development program or shall be retained after submitting compensation to the Grantee for the Community Development program, and (c) Compensation for items of equipment or personal property retained or sold shall be an amount calculated by multiplying the current market value or proceeds from sale by the percentage of CDBG funds provided on the original costs of equipment or personal property. (3) Management and Requirements. Procedures for managing equipment (including replacement equipment) and personal property, whether acquired in whole or in part with grant funds, until disposition takes place shall, as a. minimum, meeHhe following requirements: . (a) Written notification must be given to the Housing and Neighborhood Development(HND) Department within seven (7)'calendardays after delivery to the Subrecipient of equipment or personal property in order for HND to effect identification and recording for inventory purposes. Property records must be maintained that include a description of the property, a serial number or other identification number,.the source of property, who holds title, the acquisition date. and cost of the property, percentage of CDBG funds in the cost of the property, the location, use and condition of the property, ~nd any 9 , . ultimate' disposition data including the date of disposal and sale price of the property. (b) A physical inventory of the property must be taken and the results reconciled with the property records at least once a year. (c) A control system must be developed to ensure adequate safeguards to prevent loss, damage or theft of the property. Any loss, damage .-.. --- --- _____m______ -- -- ---or-theft-shall-be-investigated.by-the -Subrecipient-and-reportedto-the---- - Grantee. (d) Adequate maintenance procedures must be developed to keep the property in good condition. (e) Ifthe Subrecipient is authorized or required to sell the property, proper sales procedures must be established to ensure the highest possible return: m. OWNERSHIP AND USE OF REAL PROPERTY (1) Use and Disposition. In accordance with 24 CFR 570.503(a)(8), any real property under the Subrecipient's control that was acquired or im proved in whole or in part with CDBG funds shall meet the following requirements: (a) Such real property must be used to meet one of the national objectives in 24 CFR 570.208 for a period of five years immediately following the expiration of the term of this Agreement; or (b) If such real property is not used in accordance with subsection (n)(1 )(a), next above, during the five-year period immediately following the expiration of the term of this Agreement, the Grantee shall be reimbursed in the amount of the Current fair market value of such real property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition, or improvement of such real property: (2) Change in Use. In the case of acquisition or improvement of real property, prior to any change in use of the real property or planned use of any such property (including beneficiaries of such use) from its original approved purpose at any tfme during the five-year period immediately following the' expiration of the term of this Agreement, the Subrecipient shall notify the Grantee in'writing for the Grantee's written prior approval to the change of use. Thec'alculation of any funds and/or monies' which may be due hereunder as a result of any change in use during such five-year period shall be made at the sole discretion of the Grantee or its designee. , (3) Program Benefit. The Subrecipient agrees that the funds, plus any monies contemplated by 24 CFR 570.503(a)(8) shall be returned to the Grantee, if, 10 '; ~ in the determination of the Grantee, the program benefit requirements for use of real property are not met by the Subrecipient at any time during the five-year period immediately following the expiration of the term of this Agreement. The calculation of any funds and/or monies which may be due hereunder shall'be determined solely by the Grantee. (4) Grant of Lien. Prior to disbursement of any amount of funds to the Subrecipient for the acquisition, improvement, or disposition of any real """ _......._._ --..-property-to-be-used.for:any-use-or-purpose.byJhe Subrecipient,Jhe-Grantee..- .--- -- . and the Subrecipient shall execute a promissory note and deed to secure debt which shall contain such terms and conditions as the Grantee in its sole discretion shall require. 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, qr 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 cOlTlpensation, and selection for training including apprenticeship. The Subrecipient agrees to post in conspicuous places, available to employees a"nd applicants for employment, notices to be provided setting forth the. provisions of this nondiscrimination clause. (2) The Subrecipienf will, in all solicitations or advertisements for, employees placed by or on behalf of the Subrecipient, state that all qualified applicants will receive consideration for employment without regard to race, creed, religion, sex, age, handicap, disability, sexual orientation, ancestry, national origin, marital status, or any other basis prohibited by applicable law: (3) The Subrecipient will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding;'a notice to be provided advising the said labor union or 11 workers' representatives of the Subrecipient's commitments under this section, and shall post copies of the notice in conspicuous plac,es 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 ExecutiveOrde'rs 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.etar:y_otLabor:._._ ._____ . _.._______.. _.___~.___.___.___u____. ... (5) The Subrecipientwill 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. (6) In the event of the Subrecipient's .noncompliance with the nondiscrimination clauses of this Contract or with any of the said rules, regulations, or orders, this Contract may be canceled, terminated, or suspended in whole or in part and the Subrecipient may be declared ineligible for further Government contracts or federally assisted ~onstructioncontracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, as amended, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, as amended, or as otherwise provided by law. (7). The Subrecipient will include 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 Subrecipientbecomes involved in, or is threatened with, litigatio'n 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 interestsofthe 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 pursuantto 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, 12 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-orientatioR;-ancestr-y,natioRal-- --- H.__ --- origin, marital status, familial status, age, handicap, disability, sex or other basis prohibited by applicable law: . (1) Deny any facilities, services, financial aid, or other benefits provided under the program or activity. (2) 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. (3) 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. (4) 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 Rrogram or activity. (5) Treat an ihdividual 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. . (6) 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 ingependent investigation. 13 ;, 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 concems 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-.m ust,--before-signing-the..contract,- provide-a-preliminar-J- - -... ---- ------ 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 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 r,ace, 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 communitydevelopment 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 tre, 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 Subrecipieht 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 327-3~2), and the Subrecipientshall . 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. 14 , , Provided that if wage rates higher than tho"se 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-f1ood-hazards-sha II-be subject-to-the-mandator:y.purchase.oUlood-- ----- -- --. ._'h insurance with the requirements of Section 102(a) of said Act. h. Clean Air Act arid Federal Water Pollution Control Act (Applicable to Contracts and Subcontracts which exceed $100,000). Th.e Subrecipient shall comply with and require each subcontractor to c.omply with all applicable standards of the Clean Air Act of 1970 (42 USC 1857 et seq.), as amended, the Cleafl 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. TheSubrecipient, 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) fundsTeceived 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 15 .. ~ 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-Rersons-as-a- result-of-Community-Development-Block-G rant-- Funded Activities" and the Grantee's Community. Development Block Grant Program Residential Anti-displacementand RelocationAssistance 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 amencjed, 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 Subrecjpient 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, arid 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 GFR 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, ren~wal, 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 ReportLobbying" inaccord~nce with its .instructions; and 16 It will require that the language of this paragraph M be included in the award documents for all subawards at all tiers (including subcontractors, subgrants, and cont~acts 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-fa i1s..to..fiJe-the. requ ired-certification-shall-be-subject-to,a. civil-pel1alty-of-not-less- thal1.$:1 0,000.. -- and not more than $1 00,000 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 Acfof 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 cif services in accordance with the schedule set forth in Appendix B. 17 .., IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first written above. ATTEST: AUGUSTA. GEORGIA (Grantee) .. 4f/..., ... ~: -, - ~-;-~::;-. . "\\ .-. n -.' :Sor)ner , , CJ,;<;-,;~\Co~rriission " .' _.' I" \,..- ...J. ~ ~ 'T _..... _ - ATTEST: SEAL (Plain Witness) ARC RECREATION DEPARTMENT (Subrecipient) By: ~. 18 " APPENDIX A Proiect Area The project location is 1200 Nellieville Road, Augusta, Georgia. _ __. '_' ..~_..__._______.._.. _ -- --..... __. .----AE.EENDIX-B.---...--- _ .. ...- ----..------------- _ - ------ ..-- -- --.. Goals. Obiectives. and Tasks The ARC Recreation Department is proposing to perform certain improvements to Doughty Park which include but are not limited to paved parking, playground improvements, basketball improvements, kitchen renovations, athletic field renovations, property acquisition, fencing and landscaping. CDBG funds will be used to pay for construction costs associated with the improvements. APPENDIX C Budoet Construction $100,000 Source of Funds: 1997 - 97039 Community Development Block Grant Funds Reprogrammed on May 15, 2001 $100,000 APPENDIX D Reoortino Requirements The Subrecipient shall submit to the Grantee the following reports for the term of this agreement. 1. Quarterly Progress Reports Due October 15, 2001, January 15, 2002 and April 15, 2002. 3. Annual Report - Due annually on January 30 until project completion. 19 " :- ORIGINAL CONTRACT BETWEEN AUGUSTA, GEORGIA AND AUGUSTA-:RICHMOND COUNTY RECREATION DEPARTMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM THIS AGREEMENT, made and entered into on this 15th day of May, 2001, by and between - AUGUSTA, GEORGIA,. by and through the Augusta-Richmond _County_ COIl1!1Jl..s_~iQD.,~~ the_________ - .-- --------.,---riTlpleI11Emtorofthe -t-o-l11munit"y-DevelopmenfBlock -Grantprogram(hereinafter referred to as "Grantee"), and Augusta-Richmond County Recreation Department, (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 530.1 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 aCommunity 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: . . W. T. Johnson "Roof' Project 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 May 15, 2001, and be undertaken and completed in, such sequence as to assure their expeditious completion in the light 6fthe purposes of this Contract unless so otherwise specified in the Contract Section 19 (General Terms and Conditions). This Agreement shall remain in effect until May 14, 2002, 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 rec9mmendation 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 !o 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 tbcomply with any provision of this Agreement (which may result in suspension or termination in accordance with 24 CFR 85.43 or OMS Circular A-1.10. . (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 proce~s has been completed; -' - (5) Violates Labor Standards requirements; or (6) Fails to' comply with written noti~e 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: (1) Tom F. Beck, Jr., 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 ____em plo.yment._Su brecipientshal Lnotify_the_G rantee_Di rectoLof-1:! N D-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 approv'ed 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 o~ conditi.on 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 $60,000 for full performance of the services specified under this Agreement. Any cost above this amount shall be the sole responsibility of the Subrecipient. Subrecipient shall submit monthly requests for payments to the Housing and 3 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_r.eimbur.sement.[equesL_____________ . Payments will be made on a monthly basis only with a 30-day turnaround perio,d 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 precedirig calendar month. The Subrecipient shall not claim reimb~rsement 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 fu'nds 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 RehabilitationAct 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. '. Subrecipient agrees to comply with the uniform administrative requirements specified at 24 CFR ~70.502 and 24 CFR 570.610, including: If the Subrecipient is a government agency, OMB Circular A-87, "Principles for Determining Costs Applicable to Grants and Contracts with State, Local and Federally-Recognized Indian Tribal Governments;" OMB Circular A-128, "Audits of State and Local Governments" (implemented at 24 CFR 44); and the sections of 24 CFR 85, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments," specified at 24 CFR 570.502(a). 4 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 shall revert to the Grantee for use in the Community Development Block Grant Program. Program income is anticipated to be approximately $0. . 10. REVERSION OF ASSETS Upon termination of this contract, the Subrecipient shall transfer to the Grantee any CDBG allocated funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. 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 connectio/1 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 ~ommission and its Mayor, and their officers, agents, members, employees and successors as named insured, as their interests l"Day 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 inv'alidate any insurance coverage for the other named insured. No insurance policy providing any insurance coverage required to be provided by Subrecipient hereunder shall b'e cancelable without at least 15 days advance written 5 . 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 pl;lrsuant to this contract shall be prominently labeled as to funding source. Inaddition, the Subrecipient will include a reference to the support .. . ---- '.--- -- --- ...pr.o.vided.berein_aILpublications_made.possible_withJunds-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, arid'voting ~ecord 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 Subtecipient'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 :'.f~ The Subrecipient agrees to submit to Grantee monthly' clients' statistical reports specified in Appendix D. . b. RECORDS TO BE MAINTAINED Subrecipient shall maintain all records ~equired 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: 6 (1) Records providing a full description of each activity undertaken; (2) Records demonstrating that each activity undertaken meets one of the National Objectives ofthe CDBG Program; (3) Records required to determine the eligibility of activiti~s; (4) Financial records as.required by 24 CFR Part 570.502, and OMB Circular A-133; and (5) Other records necessary to document compliance with Subpart K of 24 CFR -.- .------- - .:_-..__.__..--~-.57'0.------~---------------_._---------. .-------- 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 .alLtransactions 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. c. . ACCESS TO RECORDS The Subrecipient agrees that th~ Grantee or any authorized representative has access to and the right to examine all records, books, papers, or documents related to the project. d. RETENTION The Subrecipient hereby seve'rally 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 thiscontract,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. e. PERMITS The Subrecipient agrees to obtain. all necessary permits for intended improvements or activities. . f. AFFIRMATIVE ACTION The Subrecipient, if its program involves housing, agrees to affirmatively further fair housing. 7 g. 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--ot-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. h. 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. _ i. 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 RehabilitationAct 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. j. 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 Subrecipientby 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 k. PROCUREMENT When procuring property, goods and services under $1 00,000, the Subrecipientshall follow Augusta-Richmond County's procurement procedures which reflects applicable state and local laws and regulations. For purchases of $100,000 or more. federal laws, regulations and standards apply. I. EQUIPMENT AND PERSONAL PROPERTY (1) Use. Equipment and personal property shall be used by the Subrecipient . in the program or project for which it was acquired as long as need, whether or not the project or program continues to be supported by Federal funds. (2) Dfsposition. When no longer needed for the original program project, disposition of any equipment or personal property of any kind shall be determined and approved by the Grantee consistent with provisions of 24 CFR 570.202 and Circular A-11 0, except (a) In all cases in which personal property is sold, the proceeds shall be program income, and (b) Personal property not needed by the Subrecipient for CDBG activities shall be transferred to the Grantee for the Community Development program or shall be retained after submitting compensation to the Grantee for the Community Development program, and (c) Compensation for items of equipment or personal property retained or sold shall be an amount calculated by multiplying the current market value or proceeds from sale by the percentage of CDBG funds provided on the original costs of equipment or personal property. (3) Management and Requirements. Procedures for managing equipment (including replacement equipment) and personal property, whether acquired in whole or in part with grant funds, until disposition takes place shall', as a minimum, meet the following requirements: (a) Written notification must be given to the Housing and Neighborhood Devel9pment (HND) Department within seven (7) calendar days after delivery to-the Subrecipient of equipment or personal property in order for HND to effect identification and recording for inventory purposes. Property records must be maintained that include a description of the property, a serial number or other identification number, the source of property, who holds title, the acquisition date' and cost of the property, percentage of CDBG funds in the cost of the property, .the location, use and condition of the property, and any 9, ultimate disposition data including the date of disposal and sale price of the property. (b) A physical inventory of the property must be taken and the results reconciled with the property records at least once a year. (c) A control system must be developed to ensure adequate safeguards to prevent loss, damage or theft of the property. Any loss, damage - . - ---. __.._u.. .._- or-.theft-shall-be. investigated.by-the.-Subrecipient-and-reported-to-the----------.... Grantee. . (d) Adequate maintenance procedures must b~ developed to keep the property in good condition. . - (e) If the Subrecipient is authorized or required to sell the property, proper sales procedures must be established to ensure the highest possible return. m.' OWNERSHIP AND USE OF REAL PROPERTY (1) Use and Disposition. . In accordance with 24 CFR 570.503(a)(~), any real property under the Subrecipient's control that was acquired or improved in whole orin part with CDBG funds shall meet the following requirements: (a) Such real property must be used to meet one of the national objectives in 24 CFR 570.208 for a period of five years immediately following the expiration of the term of this Agreement; or (b) If such real property is not used in accordance with subsection (n)(1 )(a), next above, during the fiye-year period immediately following the expiration of the term of this Agreement, the Grantee . shall be reimbursed in the amount of the current fair market value of such re~1 property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition, or improvement of such real property. (2) Change in Use. . In the case of acquisition or improvement of real property, prior to any change in use of the real property or planned use of any such property (including beneficiaries of such use) from its original approved purpose at any time during the five-year period immediately following the expiration of the term of this Agreement, the Subrecipient shall notify the Grantee in writing forthe Grantee's written prior approval to the change of use. The calculation of any funds and/or monies which may be due hereunder as a result of any change in use during such five-year period shall be made 'at the sole discretion of the Grantee or its designee. . (3) Program Benefit. The Subrecipient agrees that the funds, plus any monies contemplated by 24 CFR 570.503(a)(8) shall be returned to the Grantee, if, 10. in the determination of the Grantee, the program benefit requirements for use of real property are not met by the Subrecipient at any time during the five-year period immediately following the expiration of the term of this Agreement. The calculation of any funds and/or monies which may be due hereunder shall be determined solely by the Grantee. (4) Grant of Lien. Prior to disbursement of any amount of funds to the Subrecipient for' the acquisition, improvement, or disposition of any real ___ __.__.. _pr:oper:tyJo_be_usedJoLany_use~o.Lpurpose_b.y._the_Subrecipient,Jhe-Grantee--- ---.----- and the Subrecipient shall execute a promissory note and deed to secure debt which shall contain such terms and conditions as the Grantee in its sole discretion shall require. 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 '~xceed $10,000: (1) TheSubrecipient shall not discriminate against any employee or applicant for employment because of race, color, creed, ~eligion,. 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, noti,ces to be provided setting forth the provisions of this nondiscrimination clause. (2) The Subrecipient will, in all solicitations or advertisements for employees placed by or on behalf of the Subrecipient, state that all qualified applicants' will receive consideration for employment without regard to race, creed, religion, sex, age, handicap, disability, sexual orientation, ancestry, n'ational 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 11 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 of the rules, regulations, and relevant orders - - n_ ... -of-the.Secretary of-labor;-------.- on -------.c------.--------....-- _____n_______._____ (5) The Subrecipient' will furnish all information and reports required by Executive Orders 11246 of September 24, 1965, as amended, and by rules, regulations, and orders of the Secretary of Labor, or pursuant 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 or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, as amended, and such other sanctions may .be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, as amended, or as otherwise provided by law. (7) The Subrecipient will include the portion of the sentence immediately preceding paragraph (1). and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor, issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, as amended, so that such . provisions will. be binding upon each subcontractor or vendor. The Subrecipient will take such action with respect to any subcontract or purchase order as HUD may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event a Subrecipient becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by HUD, the Subrecipient may request the United States to enter into such litigation to protect the interests of the United States. b. Equal Opportunity in Participation Under the terms of Section 109 of the Housing and Community Development Act of 1974, and in conformanceiNith 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, 12 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 . - . -......- d_ -""__d_~"__ -__ -.- . - the.. grounds-.of- race,--color-;-creedj-religion,-sexual. orientationj-ancestr-y,..national-- - ..--...... 'origin, marital status, familial status, age, handicap, disability, sex or other basis prohibited by applicable law: (1) Deny .any facilities, services, financial aid, or other benefits provided under the program or activity. (2) 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. (3) Subject to segregated or separate treatment in any facility, or in any other matter orprocess'related to receipt of any service or benefit under the program or activity. (4) 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. (5) 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. (6) 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 Ent~rpi-ises, and Minority-Owned Business Enterprises. The Subrecipientwill 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. , 13 . 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 concems which are located in, or owned in substantial part by persons residing in the area of the project. In ._ __ _.___.._.:...._aILsolicitations._for.bids_the..contractor-must,--before-signing-the-contr.act,-pr.ovide-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 of1968, 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 (42USC 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 relateQ 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 provide~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 al! laborers and mechanics employed on constructionwork 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. 14 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, ifany, 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-f!ood--" - - - . ----. insuran.ce 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 USe 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 politicahactivities 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 propert'ies 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 15 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 ~nd Displacement of Persons and Businesses Subrecipient will comply with the "Grantee's Community Development Block Grant Program Plan - - ---. - -for~M inimizing-the..Displacement..of..P-ersons-as..a-result..of-Com m unity-Development~Block-G rant-. -.... . 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 24CFR 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 asa result of Community DevelopmenLBlock 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 jmplementing 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 16 It will require that the language of this paragraph M be included in the award documents for all subawards at all tiers (including subcontractors, subgrants, and contracts under 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 Secti9n 1352, Title 31, United States Code. Any person who~fails~to- file-the .req uired-certification-shall-be-subject to-acivi I-penalty..ot.not.less.than. $tO, 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 19.66, as amended (16 U.S.C. 470) and the procedures set forth in,CFR, Part 800, AdvisoryCouncil 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. 17 IN WITNESS WHEREOF, the parties have set their hands and seals as'of the date first written above. . AUGUSTA. GEORGIA (Grantee) ATTEST: -. -- . .-9fl--(fl.-fJ~------ ..-...........-- .~ '(21W/ Lv ....-. ..... -~ ......~I-r"""t.. " r '6\\.'\ I It,: -Ji' .' ~ '" .S .~.A.J': ~- ~":,'_,,,...... !;>.'"e; /~ ~ .~ -Q .......~ ......-.-:0 ~ 4_-" ~. ~.-. \r-- "/.. ~:J> r~~;~; 1_: c.r .'~?::~.~. ~ ~ ~ ~ ----:-1\~:: " - !I~:- .- I - ,"'J- ~~ .... ARC RECREATION DEPARTMENT (Subrecipient) ATTEST: SEAL By: Tom F. Beck, Jr. ,/ As its Director (Plain Witness) 18 APPENDIX A Project Area The project location is 1610 Hunter Street, Augusta, Georgia. .. "_'___ _____~_.:_~__AP_P_ENDIX_B___ _~________...:___________. __ Goals, Obiectives. and Tasks The ARC Recreation Department is proposing to perform certain improvements to the W. T. Johnson Recreation Center to include construction, specifically installation of a new roof. CDBG funds will be used to pay for construction costs associated with the roof. APPENDIX C Budoet Construction $60,000 Source of Funds: 1997 - 97038 Community Development Block Grant Funds Reprogrammed on May 15, 2001 $60,000 APPENDIX D ReDortino Requirements The Subrecipient shall submit to the Grantee the following reports for the term of this agreement. 1. Quarterly Progress Reports . Due October 15, 2001, January 15, 2002 and April 15, 2002. 3. ' Annual Report:- Due annually on January 30 until project completion. 19 ~ ORIGINAL CONTRACT BETWEEN AUGUSTA, GEORGIA AND AUGUSTA-RICHMOND C'OUNTY RECREATION DEPARTMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM THIS AGREEMENT, made and entered into on this 15th day of May, 2001, by and between -.. - ..AUG USTA,--GEORGIA,- by-and-through- -the..Augusta-Rict=1mond-County- Commission,-as~the----------- Implementor of the Community Development Block Grant Program (hereinafter referred to as "Grantee"), and Augusta-Richmond County Recreation Department, (hereinafter referred to as the "Subrecipient"). WHEREAS, the Grantee has receive.d 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' etseq.) (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 Are~ 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: "Jones Pool Improvements", 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 May 15, 2001, and 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 May 14, 2002,. 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 recomniendation 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 fife required reports or to meet project progress or completion deadlines; (2) Materially fails to comply withany 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 '= 3. KEY PERSONNEL a. Subrecipient shall assign to this Contract the following key personnel: (1) Tom F. Beck, Jr., 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 P-. -------.-- ------ ------ --- -employment-;-Subre€ipient-shall-notify-the .Grantee-Director-of-I'=IND-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 requeste~ 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 theSubrecipient 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 'performanceare 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 a~cepted 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 judsdiction 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 totalconsideration of $50,000 for full performance of the services specified under this Agreement. Any cost above this amount shall be the sole responsibility of the Subrecipient. Subrecipient shall submit monthly requests for payments. to. the Housing and 3 ... 0; .~ 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 ap'proved 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 fuhdsreceived pursuant to. this Agreement shall be in accordance with the requirements of the Housing and Community Development Act of1974 (as amended), 24 CFR Parf570 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 CFR570.609, 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. Subrecipient agrees to comply with the uniform administrative requirements specified at 24 CFR . 570.502 and 24 CFR 570.610, including: If the Subrecipient is a government agency, OMB Circular A-87, "Principles for Determining Costs Applicable to Grants and Contracts with State, Local and Federally-Recognized Indian Tribal Governments;" OMS Circular A-128, "Audits of State and Local Governments" (implemented at 24 CFR 44); and the sections of 24 CFR85, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments," specified at 24 CFR 570.502(a). 4 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 shall revert to the Grantee for use in the Community Development Block Grant Program. Program income is . anticipated to be approximately $0. 10. REVERSION OF ASSETS Upon termination of this contract, the Subrecipient shall transfer to the Grantee any CDBG allocated funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. 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 FederalTravel 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 p'erform its obligations hereunder or related to or arising out of any damage or injury to prop~rty 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 obligation~ 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 5: , . 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-he rei n-all-publications' m ade-pos~iblewith-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 ~3 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 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 specified . :in Appendix D. - b. RECORDS TO BE MAINTAINED Subrecipient shall maintain all re'cords 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: 6 (1) Records providing a full description of each activity undertaken; (2) Records demonstrating that each' activity undertaken meets one of the National Objectives of the CDBG Program; (3) Records required to determine the eligibility of activities; (4) Financial records as required by 24 CFR Part 570.502, and OMS Circular A-133; and (5) 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 connectionwith 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. c. ACCESS TO RECORDS . The Subrecipient agrees that the ~rantee or any authorized representative'has access to and the right to examine all records, books, papers, or documents related to the project. d. 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'. e. PERMITS The Subrecipient agrees to obtain all necessary permits for intended improvements or activities. f. AFFIRMATIVE ACTION The Subrecipient, if its program involves housing, agrees to affirmatively further fair ho~sing. 7 g. 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 Y'ith whom they have family, business, or other ties. Further, no member, officer, or employee of Subrecipientwho ex'ercises any functions or responsibility with respect to the program during his or her tenure or for one year thereafter, shall have - - -a n y-fi n a n ci a '-i nte rest;--d i red-or-i nd i rect;- in-a ny-contract. or-s u bco ntract;-o r' 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 h. 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. i. 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 acc.essibility 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. J. 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 responsibleJor 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 k. PROCUREMENT When procuring property, gOods and services under $1 00,000, the Subrecipient shall follow Augusta-Richmond County's procurement procedures which reflects applicable state and lo~allaws and regulations. For purchases of $100,000 or more. federal laws, regulations and standards apply. I. EQUIPMENT AND PERSONAL PROPERTY (1) Use. Equipment and personal property shall be used by the Subrecipient in the program-or project for which it was acquired as long as need, whether or not the project or program continues to be supported by Federal funds. (2) Disposition. When no longer needed for the original program project, disposition of any equipment or personal property of any kind shall be determined and approved by the Grantee consistent with provisions of 24 CFR, 570.202 .and Circular A-11 0, except . (a) In all cases in Which personal property is sold, the proceeds shall be program income, and (b) Personal property not needed by the Subrecipient for CDBG activities shall. be transferred to the Grantee for the Community Development program or shall be retained' after submitting compensation' to the Grantee for the Community Development program, and . (c) Compensation for items of equipment or personal property retained or sold shall be an amount calculated by multiplying the current market value or proceeds from sale by the percentage of CDBG funds provided on the original costs of equipment or personal property. (3), Management and Requirements. Procedures for managing equipment (including replacement equipment) and personal property, whether acquired in whole or in part with grant funds, until disposi~ion takes place shall, as a minimum, meet the following requirements: (a) Written notification must be given to the Housing and Neighborhood Development (HND) Department within seven (7) calendar days after delivery to theSubrecipient of equipment or personal property in order for HND to effect identification and recording for inventory purposes. Property records must be maintained that include a description of the property, a serial number. or other identification number, the source of property, who holds title, the acquisition date and cost of the property, percentage of CDBG funds in the cost of the property, the location, use and condition of the prop.erty, and any 9 ultimate disposition data including the date of disposal and sale price of the property. (b) A physical inventory of the property must be taken and the results reconciled with the property records at least once a year. (c) A control system must be developed to ensure adequate safeguards to prevent loss, damage or theft of the property. Any loss, damage . .. - --- -- -'- --~or.theft'shall-be-investigated'by-the-'.StJbrecipientand-reported.to-the~-~'-------- Grantee. (d) Adequate maintenance procedures must be developed to keep the property in good condition. (e) If the Subrecipient is authorized or required to sell the property, proper sales procedures must be established to ensure the highest possible return. m. OWNERSHIP AND USE OF REAL PROPERTY (1) Use and Disposition. In accordance with 24 CFR 570.503(a)(8), any real property under the Subrecipient's control that was acquired or improved in whole or in part with CDBG funds shall meet the following requirements: (a) Such real property must be used to meet one of the national Objectives in 24 CFR 570.208 for a period of five years immediately following the expiration of the term of this Agreement; or (b) If such real property is not used in accordance with subsection (n)(1 )(a), next above, during the five-year period immediately following the expiration of the term of this Agreement, the Grantee shall be reimbursed in the amount of the current fair market value of such real property less any portion of the value attributable to expenditures ofnon-CDBG funds for acquisition, or improvement of such real property. (2) Change in Use. In the case of acquisition or improvement of real property, prior to any change in use of the real property or planned use of any such property (including beneficiaries of such use) from its original approved purpose at any time during the five-year period immediately following the . expiration of the term of this Agreement, the Subrecipient shall notify the Grantee in writing for the Grantee's written prior approval to the change of use. The calculation of any funds and/or monies which may be due hereunder as a result.of any change in use during such five-year period shall be made _ at the sole discretion of the Grantee or its designee. (3) Program Benefit. The Subrecipient agrees that th~ funds, plus any monies contemplated by 24 CFR 570.503(a)(8) shall be returned to the Grantee, if, 10 in the determination of the Grantee, the program benefit requirements for use of real property are not met by the Subrecipient at any time during the five-year period immediately following the expiration of the term of this Agreement. The calculation of any funds and/or monies which may be due hereunder shall be determined solely by the Grantee. (4) Grant" of Lien. Prior to disbursement of any amount of funds to the Subrecipient for the acquisition, improvement, or disposition of any real . - -. ---..- property.to-be-used-for-any"use-or'purpose"by'the-Subrecipient;-the-Grantee-------- and the Subrecipient shall execute a promissory note and deed to secure debt which shall contain such terms and conditions as the Grantee in its sole discretion shall require. 20. OTHER PROVISIONS a. Equal Employment qpportunity 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 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. (2) . The Subrecipient will, in all solicitations or advertisements for employees placed by or on behalf of the Subrecipient, state that all qualified applicants will receive consideration for employment without regard to race, creed, religion, sex, age,handicap, disability, sexual orientation, ancestry, national origin, marital status, or any other basis prohibited by applicable law. (3) The Subrecipient will-send to each labor union or representative ofworkers with which it has a collective bargaining agreement-or other contract or understanding, a notice to be provided advising the said labor union or 11 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 of the rules, regulations, and relevant orders ... -- ----- --.of-the-Secretary-of-I:abor:-----.--.----------. ---. --.---------.-------- ------ . (5) The Subrecipient will furnish all information and reports required by Executive Orders 11246 of September 24, 1965, as amended, and by rules, regulations, and orders of the Secretary of Labor, or pursuant 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 or federally assisted construction contracts .in accordance with procedures authorized in. Executive Order 11246 of September 24, 1965, as amended, ~nd such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24,. 1965, as amended, or as otherwise provided by law. (7) The Subrecipient will include 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 HUDmay 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 threatenedwith, litigation with a subcontractor or vendor asa' 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, '12 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-g rou n d s 'of-ra ce;-col 0 r;-creed;-rel ig io n;--sexua 1- orientatio n;-a ncestry; -nati ona 1-' origin, marital status, familial status, age, handicap, disability, sex or other basis . prohibited by applicable law: (1) Deny any facilities, services, financial aid, or other benefits provided under the program or activity. (2) 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. (3) 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. '(4) Restrict in any way access to, or the enjoyment of any advantage or privilege' enjoyed by oth~rs in connection with facilities, services, financial aid or other benefits under the program ortctivity. .(5) 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 mustmeet in order to be provided any facilities, services, or other benefit provided under the program or activity..' . (6) 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, Woirlen- Owned Business Enterprises, and Minority-Owned Business Enterprises. . The Suhrecipientwill 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 SUQrecipients regarding their status as minority and female business enterprises in lieu of an independent investigation. 13 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 U,SC 1701 u), as amended, and the HUD regulations issued pursuant thereto at24 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 concems which are locat~d in, or owned in substantial part by persons residing in the area of the project. In -- --_. - - -----all-solicitations-for . bids-the..contractor-m ust;-before-sig n ing-the-contract~provide-a-prelimiFlary..,.--- 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 Housing Act (42 USC 3601-20). In accordance with Grantee Policy and Title' VI ofthe Civil Rights Act of 1'964.(PL 88-352), in the sale, lease or other tra~sfer 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 Sl.Jbrecipient 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 compensatiqn 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. 14 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 Agreementis 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-specialflood-hazards shall-be-subject-tothe-mandatory-pumnaseof-f1ood- --- .~-.- ___u. . insurance with the requirements of Section 102(a) of said Act. h. Clean Air Act and Federal WaterPollution 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 ofthe 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 NeithertheSubrecipient program nor th,e 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 propertie~ 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 squrces other than under Title I of the Act, or (2) for purposes of assessing any amount against prope'rties owned and . 15 . ~ 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-M ini m izing-the-Displacement- of- Persons-as'-a-result-of-Eiom munity-Development-Block-G rant----- --- --- -. .-- . Funded Activities" and the Grantee's Community Development Block Grant Pr6gram 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 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. Lo~bying" in accordance with its instructions; and 16 It will require that the language of this paragraph M be included in the award documents for all subawards at all tiers (including subcontractors, subgrants, and contracts under grants, loans, and cooperative agreements) and that allsubrecipients 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' requ ired-certification-shall-be-su bject-to-a-'civil- penalty-of not-less-than-$1 0;000-.--------- and not more than $100,000 for each such failure. n. Provisions Required by Law Deemed Inserted Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and the contract shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party the contract shall forthwith be physically amended to make such insertion or correction. o. . HISTORIC PRESERVATION If applicable, the Subrecipient agrees to comply with the Historic Preservation requirements set for in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) andtheprocedures setforth'in CFR, Part 800, Advisory Council of Historic preservation Procedure$forProtection 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. 17 ~ ..J IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first written above. ATTEST: AUGUSTA, GEORGIA (Grantee) -~-.-~~~~~ < ~,.:-" ~~-- -----~7""fll- - ------.--- -- "-- .- .-.-;------------- .---- ..---- . _ ~. ...:::.r. it?:" . ""~'\~ _~_-.~q~' I .,... ~.' -- .~~' *~ ~~'""' ""'7,.. J I I ~ .' _.. -"6 ';..1 . """"'-- ~ / S ~ ~ ~,~ ~ . y. . ~ ~ r"~~.<r.. i\'-~': '-\, ""c...e. ~~ '<': . :~II. r.:~~,' -: ~ .' 1> r~(--:'il~;' . ,- -,.... .~~'"- . nner ClerK of Commission ATTEST: ARC RECREATION DEPARTMENT (Subrecipient) SEAL By: r7A !~ Ii- },~ /I Tom F. B ck,- Jr/ As its Director ' .' (Plain Witness) 18 .\." ,~~,. , APPENDIX A Proiect Area The project location is 1400 Woodson Lane, Augusta, Georgia. --------------- - - --------,----- -.--------.-APPENDIX-B------- -- -- - ------ . -- _. Goals, Obiectives, and Tasks The ARC Recreation Department is proposing to perform certain improvements to the Jones Pool which include but are not limited to construction, repairs and installation of water slide, pool deck shelter, deck work pump house repairs and other pool improvements. CDBG funds will be used to pay for construction costs associated with -the improvements. APPENDIX C Budoet Construction $50,000 Source of Funds: 1997 - 97037 Community Development Block Grant Funds Reprogrammetl on May 15, 2001 $50,000 . APPENDIX D Reoortino Requirements . The Subrecipient shall submit to the Grantee the following reports for the term of this agreement. 1. Quarterly Progress Reports Due October 15, 2001, January 15, 2002 and April 15, 2002. 3. Annual Report - Due annually, on January 30 until project completion. .19 '. : ./ "'-r " . \ ORIGINAL CONTRACT BETWEEN AUGUSTA, GEORGIA , AND AUGUSTA-RICHMOND COUNTY RECREATION DEPARTMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM THIS AGREEMENT, made and entered into on this --.Z.!tL day of Auqust, 2001, by and between ..__ __ . A U_GUS.JA,__GEORGIA,_by__and_th w.ug h__the~Augusta=Richmond_Gounty_Gom mission ,...as_tbe___. Implementor of the Community Development Block (;3rant 'Program (hereinafter referred to as "Grantee"), and Augusta-Richmond County Recreation Department, (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 Com~unity 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 certainservices,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: "Apple Valley Park" 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 August 7, 2001, and 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 August 6, 2002, or L!ntil 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 in.come and min~rity 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 progre.ss 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 undentie terms of this Agreement. . 2 .. ..... 3. KEY PERSONNEL a. Subrecipient shall assign to this Contract the following key personnel: (1) Tom F. Beck, Jr., 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 ._em ployment._Subrecipientsba ILnotify_tbe Grantee_Dir.ectoL ofJ::f N D..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 requesfed 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 aft~r 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 substa'ndard 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 deficiemcies 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 no't 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 $200,000 for full performance of the services specified under this Agreement. Any cost above this amount shall be the sole responsib"ility of the Subrecipient. Subrecipient. shall submit monthly requests for payments to' the Housing and. 3 . ' ~ 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_r:eimbursement.requesL_._----:--_____.___________________._.._... _.__ h ____ _ __. ._____________ ____ 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 offunds 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 47Q), Section 504 of the RehabilitationAct 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. . . Subrecipient agrees to comply with the uniform administrative requirements specified at 24 CFR 570.502 and 24 CFR 570.610, including: . If the Subrecipient is a government agency, OMB Circular A-87,."Principles for Determining Costs Applicable to Grants and Contracts with State, Local and Federally-Recognized Indian Tribal Governments;" OMB Circular A-128, "Auqitsof State and Local Governments" (implemented at 24 CFR 44); and the sections' of 24 CFR 85, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments," specified at 24 CFR 570.502(a). 4 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 shall revert to the Grantee for use in the Community Development Block Grant Program. Program income is anticipated to be approximately $0. 10. REVERSION OF ASSETS Upon termination of this contract, the Subrecipient shall transfer to the Grantee any CDBG allocated funds on hand at the time of expiration and any .accounts receivable attributable to the use of CDBG funds. . 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, Subrecipientshall 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 agen~s, 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 5 ~ 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 -fu ndsmade. 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 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 prqgram year. 19. GENERAL TERMS AND CONDITIONS a. REPORTS The Subrecipient agrees to submit to Grantee monthly clients' statistical reports specified in Appendix D. . b: RECORDS TO BE MAINTAINED Subrecipient shall maintajn all records required by the federal regulations specified in 24 CFR Part 570.506, and that are pertinent to the actiyities to be funded under this contract. Such records shall include but are not limited to the items listed below: 6 (1) Records providing a full description of each activity undertaken; (2) Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG Program; (3) Records required to determine the eligibility of activities; (4) Financial records as reql:lired by 24 CFR Part 570.502, and OMS Circular A-133; and (5) Other records necessary to document compliance with Subpart K of 24 CFR ...- -- ----.-----~- - 510 .-- -------..----~---.. . . 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 expen.ditures 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. . c. 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 documen.ts related to the project. d. RETENTION The Subrecipient hereby severally warrants that all project records, books, papers, and documents will be retained fora period 'of not less than four (4) years after the termination of all activities funded under this contract, or after the resolution of all Federal audit findings, whichever occurs later and grants the Grantee the option of retention of the project records, books, papers, and documents. The retention period shall start from the date of submission of the Grantee's annual performance report, as prescribed in 24 CFR 91.520, in which the specific activity is reported on for the final time rather than from the date of submission of the final expenditure report fOr the .award. e. PERMITS The Subrecipient agrees to obtain all necessary permits for intended improvements or activities.' f. AFFIRMATIVE ACTION The Subrecipient, if its program involves housing, agrees to affirmatively further fair housing. 7 " g. 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 . - - a ny- financial- interest.;-direct- or-.indi rect,in-any-contract- or-su bcontract,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. h. 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. i. 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 (29USC 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. j. INDEPENDENT CONTRACTOR Nothing contained in this Agreement is intended to, or shall be construed in any mannerto, 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 ccmtractor 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 g. 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 ?y 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 __._ .__~ny. finaDcial_!n~erest,_gireG.Lor_Lm:lj(e_G.t,jlJ_alJy__c_QI)tr:act_oLsubcontr:act,_oLthe_pr:o.ceeds~. __u_ _~____ 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. h. AUTHORIZATION TO EXECUTE AGREEMENT The undersigned person sign~ng 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. i. SECTION 504 The Subrecipient hereby certifies that, in the implementation of projects funded by this Agreement and in all of its 9ther 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. j. 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 s.ervicesrequired 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 k. PROCUREMENT When procuring property, goods and services under $1 00,000, the Subrecipient shall follow Augusta-Richmond County's procurement procedures which reflects applicable state and local laws and regulations. For purchases of $100,000 or more. federal laws, regulations and standards apply. I. EQUIPMENT AND PERSONAL PROPERTY - -- - -Tfj"----Os~.--Equrpm-entand-personar:property.shalr"be usecfby-tneSuorecipi"enf-' - ....--..- in the program or project for which it was acquired as long as need, whether or not the project or program continues to be supported by Federal funds. '(2)' Disposition. When no longer needed for the original program project, disposition of any equipment or personal property of any kind shall be determined and approved by the Grantee consistent with provisions of 24 CFR 570.202 and Circular A-11 0, except (a) In all cases in which personal property is sold, the proceeds shall be program incorne, and (b) Personal property not needed by the Subrecipient for CDBG activities shall be transferred to the Grantee for the Community Development. program or shall be retained after submitting compen.sation to the Grantee for the Community Development progr~m, and (c) Compensation'for items of equipment or personai'property retained or sold shall be an amount calculated by multiplying the current market value or proceeds from sale by the percentage of CDBG funds provided on the original costs of equipment or personal property. (3)' Management and Requirements. Procedures for managing equipment (including replacement equipment) and personal property, whether acquired in whole or in part with grant funds, until disposition takes place shall, as a . minimum, meetthefollowing requirements: . (a) . Written notification must be given to.the Housing and-Neighborhood Development (HND) Department within seven (7) calendar days after delivery to the Subrecipient of equipment or personal property in order for 'HND to effect identification and recording for inventory purposes. Property records must be maintained that include a . description of the property, a'serial number or other identification number, the source of property; who holds title, the acquisition date and cost oft,he property, percentage of CQBG funds in the cost of the property; the location, use and condition of the property, and any 9 ultimate disposition data including the date of dispos~1 and sale price of the property. (b) A physical inventory of the property must be taken and the results reconciled with the property records at least once a year. (c) A control system must be developed to ensure adequate safeguards to prevent loss, damage'or theft of the property. Any loss, damage -.. - .---- -- -. - -_octheft-shaILbe.investigated.by-the..Subrecipient-and-reported-to-the----------.--. Grantee. (d) Adequate maintenance procedures must be developed to keep the property in good condition. (e) If the Subrecipient is authorized or required to sell the property, proper sales procedures must be established to ensure the highest possible return. m. OWNERSHIP AND USE OF REAL PROPERTY (1) Use and Disposition. In accordance with 24 CFR 570.503(a)(8), any real property under the Subrecipient's control that was acquired or improved in whole or in part with CDBG funds shall meet the following requirements: (a) Such 'real property must be used to meet one of the national objectives in 24 CFR 570.208 for a period of five years immediately following the expiration of the t,erm of this Agreement; or (b) If such real property is not used in accordance 'with subsection (n)(t)(a), next above, during the five-year period immediately following the expiration of the term of this Agreement, 'the Grantee shall be reimbursed in the amount of the current fair market value of such real' property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition, or improvement of - such real property. (2) Change in Use.' In the case of acquisition or improvement of real property, prior to any change in use of the real property or planned use of any such propertY (including beneficiaries of such use) from its original approved purpose at any time during the five-year period immediately following the expiration of the term of this Agreement, the Subrecipient shall notify the' Grantee in writing for the Grantee's written prior approval to the change of use. . The -calculation of any funds and/or monies which may be due hereunder as a result of any change in use during such five-year period shall be made at the sole discretion of the Grantee or its designee. (3) Program Benefit. 'The Subrecipient agrees that the funds, plus any monies contemplated by 24 CFR 570.503(a)(8) shall be returned to the Grantee, if, 10' (4) in the determination of the Grantee, the program benefit requirements for use of real property are not met by the Subrecipient at any time during the five-year period immediately following the expiration of the term of this Agreement. The calculation of any funds and/or monies which may be due hereunder shall be determined solely by the Grantee. Grant of Lien. . "Prior to disbursement of any amount of funds to the Subrecipient for the acquisition, improvement, or disposition of any real - property-to-be-usedJor-any-use.or-pu rpose-by-the. $ubrecipient,-the-Grantee-- u_ and the Subrecipient shall execute. a promissory note and deed to secure debt which shall contain such terms and conditions as the Grantee in its sole discretion shall require. 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 ) (2) (3) The Subrecipient 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, b.ut .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 thi.s- nondiscrimination clause. 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, <:;reed, religion, sex, age, handicap, disability, sexual orientation, ancestry, national origin, marital status, or any other basis p~ohibited by applicable law. 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 n~tice to be provided advising the said "labor union or . 11 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 of t~e rules, regulations, and relevant orders . -- .' - - -- . ----oUhe-Secretar:y-of-Labor.------------. --- ----- "---'-'- -----.---- --- -- --- --..-'-- - - - .. -. (5) The Subrecipient will furnish all information and reports required by Executive Orders 11246 of September 24, 1965, as amended, and by rules, regulations, and orders of the Secretary of Labor, or pursuant 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 or federally' assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, as amended, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, as amended, or as otherwise provided by law. (7) The Subrecipient will include the portion of the sentence immediately' preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor, issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, as amended, so that such provisions will be binding upon each subcontractor or vendor. The Subrecipient will take such action with respect to any subcontract or purchase order-as HUD may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event a Subrecipient becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction. by HUD, the Subrecipient may request the United States to enter into such litigation to protect the interests of tfie Uhited 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 imposedby or pursuant to the Regulations of HUD (24 CFR Part 570.601 and 570.602) issued pursuantto Section,109, no person in the United States shall onthe ground of race, color, creed, religion, sex, age, handicap, disability, sexual orientation, ancestry, 12 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-g rounds-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: . (1) Deny any facilities, services, financial aid, or other benefits provided under the program or activity. (2) 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. (3) 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: (4) Restrict in any way access to, or the enjoyment of any advantage or privilege enjoyed by others in conn,ection with facilities, services, financial aid or other benefits under the program or activity. (5) Treat an individual djfferently from others in determining whether the individual satisfies any admission, enrollment, eligibility, membership, or. other requirement or coridition which the individual must meet in 'order to be provided any facilities, services, or other benefit provided under the program or activity. (6) 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 Busiriess 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. . 13 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 _ __ aILsolicitations_foLbidsJbe__contractoL.must,_ befor.e_sig ni ng_tbe_contract,_pmvide..a_pr.elim i nary___ ___ 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 aSubrecipient 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 er~cted 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 . whol~ 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. 14 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 _ __. __ ~m__areajdentified_as_having_speciaLflood_hazar:ds~shaILbeusubjecttoJhe .mandator:y~purchaseofJlood_____. 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 $100,000f . The Subrecipient shall comply with ahd require each subcontractor to comply with all applicabl!3 standards of the Clean Air Act of 1970 (42 USC 1857 etseq.), 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 ~he 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 improvemen"ts 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 15 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 __ _.30cMinimizingJheDisplacementotP-ersons_as_a_resultoLCommunity-DevelopmentBlock-GranL __ -__ ._._ - 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 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 ~obbying" in accordance with its instructions; and 16 ,. It will require that the language of this paragraph M be included in the award documents for all subawards at all tiers (including subcontractors, subgrants, and contracts under 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_ fai Is-to_fi le-th e_req u i red_ ce rtificati orl.s h a I Lbe_s u b jecUo_a:_civi I pe n a Ity_oLn ot.lessJhan_$.1.0,'OOO_____ - . 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 ofthe 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. 17 \r IN WITNESS WHEREOF, the parties havesettheir hands and seals as of the date first written above. ATTEST: m ........ m.:..:.,._'~__~_ ..... - =.,-)-:.,.... S":'E')A!L! ;~i ..... iBy: "',:' ~~~~~~~, <'" ~ ~~ ..."'" -..).~ . /;::,... ~~. ,1;>.- \.;.'... -~ . ~ 0 . -,.::r-... ,...... " ~ '.~. .....,... ~ .. 1r!Y -:-;- ~'1 >, - -""'5 ~ ;., }.' 't"';::'':-: ~ ~~ '!!'- :. . _~_~~:.. .~~.. i. ~ ': r., ..:... ~'.~ ; ~ . -r:?... - I .; .- ~ _ I It ~ ~ ., .. , " .. ATTEST: SEAL By: (Plain Witness) 18 AUGUSTA, GEORGIA (Grantee) ARC RECREATION DEPARTMENT (Subrecipient) Tom F. Beck, Jr. As its Director APPENDIX A Proiect Area The project location is the Apple Valley neighborhood bounded by Bobby Jones Expressway between Highway 56 and Doug Bernard ~arkway in south Augusta. APPENDIX B Goals: Obiectives. and Tasks The ARC Recreation Department is proposing to develop a park in the Apple Valley neighborhood. Development of the park shall include master plan design, acquisition of property and construction. This park will fill a void in the lack of parkland in this neighborhood. CDBG funds will be used to pay for acquisition and construction costs associated with the park. APPENDIX C BudQet Acquisition & Construction $200,000 Source of Funds: Community Development Block Grant Funds 1998 - 98032 Reprogrammed on August 7,2001 $200,000 APPENDIX D ReportinQ Requirements The Subrecipient shall submitto the Grantee the following reports for the term of this agreement. 1. Quarterly Progress Reports, Due October 15, 2001, Janu~ry 15, 2002, April 15, 2002 and July 15, 2002.. 3. Annual Report - Due annually on.January 30 until project completion. 19 > ~ ..:\ o RIG".~ ~ I I ',. AI . CONTRACT BETWEEN AUGUSTA, GEORGIA AND CSRA ECONOMIC OPPORTUNITY AUTHORITY, INC. FOR YEAR 2002 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM THIS AGREEMENT, made and entered into on this ~ day of January, 2002, 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 ECONOMIC OPPORTUNITY AUTHORITY, 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: "TRANSITIONAL HOUSING" . 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, 2002, 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, 2002, or until this Agreement is otherwis'e 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 HUDto 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-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: (1) Gloria B. Lewis, Executive Director (2) Lynda Suarez, Coordinator 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 periodshall 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$ 20,500 for full performance of the services specified under this Agreement. Any cost above this amount shall be the sole responsibility of the 3 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 the15 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. Subrecipient agrees to comply with the uniform administrative requirements specified at 24 CFR 570.502 and 24 CFR 570.610, including:. If the Subrecipient is a government agency, OMB Circular A-87, "Principles for Determining Costs Applicable to Grants and Contracts with State, Local and Federally-Recognized Indian Tribal Governments;" OMB Circular A-128, "Audits of State and Local Governments" (implemented at 24 CFR 44); and the sections of 24 CFR 85, "Uniform Administrative Requirements for Grants and 4 Cooperative Agreements to State and Local Governments," specified at 24 CFR 570.502(a). If the Subrecipient is not a government agency, OMB Circular A-122, "Cost Principles for Non-Profit Organizations," or OMB Circular A-21 , "Cost Principles for Educational Institutions," as applicable; and OMS A-110, as specified at 24 CFR 570.502(b). 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 shall revert to the Grantee for use in the Community Development Block Grant Program. Program income is antiCipated to be approximately $0. 10. REVERSION OF ASSETS Upon termination of this contract, the Subrecipient shall transfer to the Grantee any CDBG allocated funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. In addition, any equipment or 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 applicabl~, 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. 5 14. INS.URANCE & 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 19mergency 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 sigDed by the parties hereto. Only one amendment to said agreement shall be allowed during the program year. 6 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, 2003. 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: (1) Records providing a full description of each activity undertaken; (2) Records demonstrating that each activity undertaken meet one of the National Objectives of the CDBG Program; (3) Records required to determine the eligibility of activities; (4) Financial records as required by 24 CFR Part 570.502, and OMB Circular A-133; and (5) 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. 7 . 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 . 8 504 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. The Subrecipient shall consult Grantee on any procurement to assure conformance with applicable laws, regulations and standards. 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, ~arital status, familial status, or any other basi~ 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. 9 (2) The Subrecipient will, in all solicitations or advertisements for employees placed by oron 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 of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The Subrecipient will furnish all information and reports required by Executive Orders 11246 of September 24, 1965, as amended, and by rules, regulations, and orders of the Secretary of Labor, or pursuant 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 will 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. (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 thatsuch 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. 10 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: (1) Deny any facilities, services, financial aid, or other benefits provided under the program or activity. (2) 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. (3) Subjectto 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. (4) 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. (5) 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. (6) 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. 11 The Subrecipient will use its best efforts to afford minority and women-owned business enterprises the maximum practicable opportunity to particip'1lte 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 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 ofthe 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 12 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, the Clean Air Act of 1990, the Federal Water Pollution Control Act (33 USC 1251et 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 13 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) d 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. Subrecipienthereby agrees to defend, to pay, and to indemnify the Grantee from and'against any. J 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- 14 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 It" applicable, the Subrecipient agrees to comply with the Historic Preservation requirements set for in the National Historic Preservation Act of 1966, as amended (16U.S.C. 470):,and the procedures set forth inCFR, 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. CSRA ECONOMIC OPPORTUNITY AUTHORITY, INC. (Subrecipient) BY:~~ · Gloria B. LewIs As its Executive Director ATTEST: S E A.L"'''-, - '._ ~Y: _ .\ . na-J)80nn~r~ ~ of~ommi~sion.: , ~~......-....._............,.....-,..., , , ~"7'"".'\ ~--- ATTEST: SEAL .. yY6J~ P. -l?'-4 ." Melvin Parkman As its Corporate S cretary AUGUSTA, GEORGIA ~ (Grn: ~ You~:i As ts Mayor " 16 APPENDIX A Project Area The project location is 2119 Lumpkin Road, Apt. K-4, Augusta, Georgia 30906 and 106 Tybee Court, Augusta, Georgia 30901. APPENDIX B Goals, Objectives, and Tasks The purpose of this program is to provide transitional housing and supportive services forhomeless families. Families will follow self-sufficiency and service delivery plans. The program is designed to meet the need for transitional housing slots, while allowing families to increase their earning power and save money that will enable them to access permanent housing upon program exit. The program will serve ten homeless families referred from emergency shelters. For a period of . 18 to 24 months, participating families will receive affordable standard housing, intensive case management and various supportive services designed to promote self-sufficiency. Community Development Block Grant funds will be used for rental assistance for participants. APPENDIX C Budget Rental Assistance $20,500.00 $20,500.00 TOTAL APPENDIX D Reporting 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, 2002, July 15, 2002, October 15, 2002 and January 15, 2003. 3. Annual Report 4. Audit Report (Due 30 days after completion of audit). 17 ATTACHMENT #1 Regulations, Circulars & Local Procurement Policy 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 18 A TT ACHMENT #2 Forms Reimbursement Request Monthly Statistical Report Quarterly Report Annual Report Income Verification Copies of Lease Agreements 19 2002 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM B-2002-M C-13-0003 Estimate Entitlement Grant $2,903,000.00 Program Income 80,000.00 Total Funds Available $2,983,000.00 PROPOSED \DIS # Project # PROJECT BUDGET $ Acquisition 02010 Hope House 50,000.00 Public Facilities & Improvements 02030 Boys & Girls Club 50,000.00 02031 Family Y 100,000.00 02032 Girls Club 1,727.59 02033 Parks Imp - McDuffie Woods & Meadowbrook 200,000.00 Public Services 02050 30901 Development Corporation - \fI[f Johnson 15,000.00 02051 .. Able DisAbled 20,000.00 02052 Art Factory 6,000.00 02053 Augusta Mini Theatre 5,000.00 02054 Augusta Youth Center 36,000.00 02055 ~MinistrieS 10,000.00 02056 . 20,500.00 02057 Coor mated Health Services 8,000.00 02058 Golden Harvest Food Bank "Brown Bag" 20,000.00 02059 Hope House 10,000.00 02060 Housing Authority 20,000.00 02061 JWC Helping Hands 13,500.00 02062 Lucy Laney Museum 10,000.00 02063 MACH Tennis & Chess 10,000.00 02064 Neighborhood Improvement Project 10,000.00 02066 Senior Center - Senior Transportation 10,000.00 02067 Shelter & Advocacy for Abused Children 5,000.00 02068 Shiloh Center 21,000.00 Clearance & Demolition . . .'. . 02040 I ARC Land Bank Authority I 50,000.00 Rehabilitation . ' ' 02140 , Housing Rehabilitation Program 500,000.00 .. 02140 Owner.Qccupied 375.000 02142 Emergency Grants 50.000 02146 World Changers - 75,000 I 02147. Transition Center 75,000.00 Economic Development 02181 ED Loan Program '124,000.00 Code Enforcement \ 02150 ARC Inspection Department 185,672.41 Special Activities by CaDa 02184 I 30901 Development Corporation (loan) 400,000.00 02185 I ANIC 200,000.00 Repayment of Section 108 Loan Principal 02190 aide Town Properties 200,000.00 Program Administration & Planning 02200 ARC Planning Commission I 35,000.00 02210 General Administration I 541,600.00 02211 Fair Housing Study Update I 20,000.00 TOTAL I $2,983,000,00 R-UDAG FUNDS PROJECT PROPOSED BUDGET $ TOTAL 40,000.00 35,000.00 25,000.00 $100,000.00 2002 EMERGENCY SHELTER GRANT PROGRAM S-2002-MC-13-0004 Entitlement Grant Estimate $99,000.00 PROPOSED !DIS # Project # PROJECT BUDGET $ 0201 Antioch Ministries 5,823.53 0202 Augusta Task Force for the Homeless 5,823.53 0203 Augusta Urban Ministries 5,823.53 0204 Catholic Social Services 5,823.53 0205 Coordinated Health Services 5,823.53 0206 - 5,823.53 - .. , 0207 Golden Harvest Food Bank 5,823.53 0208 Good Hope Social Services Ministries 5,823.53 0209 Hale Foundation 5,823.53 0210 Hope House 5,823.53 0211 Interfaith Hospitality 5,823.53 0212 JWC Helping Hands 5,823.53 0213 Light of the World Neighborhood & ED 5,823.53 0214 St. Steohen Ministries 5,823.53 0215 ~salva~i~n ~rmy . 5,823.53 0216 5,823.53 . 0217 I Transition Center 5,823.52 TOTAL $99,000.00 2002 HOME INVESTMENT PARTNERSHIP PROGRAM M-2002-MC-13-0206 Estimate Entitlement Grant $1,457,000.00 Program Income (estimate) 150,000.00 Total Funds Available $1,607,000.00 EXISTING FUNDS Existing Program Income $ 213,028.00 HOME Administration (2000-87,900 & 2001-145,700) 233,600.00 Total Funds Available $446,628.00 TOTAL $2,053,628.00 (DIS # \ Project # \ \ PROPOSED PROJECT BUDGET $ HOME Projects . \ 02206 \ PROJECTS 1 1,211,300.00 HOME Administration I 02207 I ADMINISTRATION I 145,700.00 CHDO I 02208 I CHDO - lWDC Summerfield East Enhancements I 250,000.00 TOTAL I $1,607,000.00 HND - Down Payment Assistance HND - Demo/Rebuild HND - Rental Rehab AFH - Habitat for Humanity 30901 DC Antioch Ministries Housing Development Promised land CDC East Augusta CDC lWDC - CHDO Sand Hills Acjministration Total' $ 50,000 $ 225,000 $ 100,000 $ 100,000 $ 200,000 $ 200,000 $ 300,000 $ 150,000 $ 75,000 $ 250,000 $ 200,000 $ 203,628 $'2,053,628 /0: C I8H( Of- l C'm f1'1// (}o IO/) cx' - / -/ - U-<. . J~ IF /S'15()). ~: AGENDA ITEM: ,,;L.J EDITION: . 1,- I ~,. '. "'''>1_ /,'~ '.f' .If . "'#~ I I I I I I ... II DATE: Febru~ry 18, 2002 TO: ~ '\11819<0 ~ ~~ 'C;7~ ~..... .... <2, ~, .~. ~ ~ fEB 2002 't o Administrator" Office ~ George R. Kolb, A~min' trator , -; ~ Rose L. White f ~ I / ~.9.& ~~ >( V . pe~L_\.~oct. Year 2002 Community Development Block Grant (CDBG), Emergency Shelter Grant (ESG) and HOME Inve~tment Partnerships (HOME) Programs The Honorable Bob Young, Mayor Members of the Commission Lee Beard, Chairman, Administrative Services Committee THROUGH: .-FROM: SUBJECT: CAPTION: Approve Grant Agreements.between the City and the U.S. Department of ~ Housing & Urban Development for Receipt of Year 2002 CDBG, ESG and HOME Funds - - .. - - = BACKGROUND: The City of Augusta, being an entitlement city, receives CDBG, ESG and HOME funds annually. As a prerequisite for receipt of these funds, the City must have an approved Consolidated Plan. The Consolidated Plan .is a 5-year plari that defines the City's housing, homeless, community and economic development needs with a detailed strategy for addressing the high priority needs indicated in the plan. During 1999, the City developed and HUD approved the City's 5-year Consolidated Plan for years 2000-2004. For each year of the 5-Year Consolidated Plan (2000,2001, 2002, 2003 & 2004), the City must develop an Annual Action Plan. The Action Plan includes a description of the activities that will be carried out and how the funds will be expended in the upcoming year to address the Consolidated Plan priority needs. On November 13, 2001, the Commission approved the City's Year 2002 Action Plan~ On February 7,2002, the City received an official notification from HUD that the Action Plan had been approved with the following grant awards: · Community Development Block Grant Program . · HOME Investment Partnerships Program · Emergency Shelter Grant Program . Total Year 2002 Allocations . $2,859,000 $1,449,000 $ 99,000 $4,407,000 ~ '- ~ ", r,.- ~ ":'" /;' ,,~. Agenda Item February 18, 2002 Page 2 ANALYSIS: We anticipated receiving an estimated $4,459,000. However. the above awards reflect a reduction of $44,000 in CDBG funds and $8,000 in HOME funds. Program Anticipated Allocation $ Actual Allocation $ Difference $ CDSG 2,903,000 2,859,000 - 44,000 HOME 1 ,457,000 1,449,000 - 8;000 ESG . 99;000 99,000 0 Total 4,459,000 $4,407,000 - 52,000 Taking into consideration the reductions, twoCDBG Projects (Section 108 Repayments and the Planning Commission) allocations were reduced. (See attached project list.) Under the HOME Program, no cuts will be made due to the limited reduction because we have adequate existing funds and program income to make up the difference. However, currently HOME-funded projects are in the process of being amended and the amended allocations will be presented to Commission after consideration' by the Citizen's Advisory Committee. FINANCIAL IMPACT: Based on actual allocations, existing funds and program income generated from loan repayments, total funds available for Year 2002 is $5,231,567. Funds Allocation Program Income Existing Funds Total CDBG 2,859,000 100,500 2,959,500 HOME' 1,449,000 150,500 473,567 2,073,067 ESG 99,000 0 0 99,000 R-UDAG 0 100,000 0 100,000 Total 4,407,000 351,000 473,567 5,231,567 ALTERNATIVES: None recommended. RECOMMENDATION: Recommend acceptance and execution of the Grant Agreements for Year 2002 CDBG, HOME and ESG funds so projects can proceed in a timely manner. REQUESTED AGENDA DATE: Administrative Services - February 25,2002 C'ommission Meeting - March 5, 2002 FUNDS AVAILABLE IN THE FOLLOWING ACCOUNTS: DEPARTMENT DIRECTOR: ADMINISTRATOR: 4r~ "/1fJ' George R. Ko . Year 20.02 ~ & ESG budgets. - FINANCE: ~ Ebe J nes . Enclosures: CDBG, HOME & ESG Project List Grant Agreements (3 originals for execution & 1 copy for agenda item) . -I . . I II I .' , I -: I -I I EEl .. .' . . . . iii II ~ N II ~ 4\ ~.' ':... ~ ~I;i.~ . ..... 2002 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM . B-2002-MC-13-0003 Estimate $ Actual $ Entitlement Grant 2,903,000.00 2,859,000.00 Program Income 80,000.00 100,500.00 Total Funds Available' 2,983,000.00 2,959,500.00 PROPOSED ACTUAL IDIS# Project # PROJECT BUDGET $ BUDGET Acquisition 737 02010 Hope House 50,000.00 50,000.00 Public Facilities & Improvements 02030 Boys & Girls Club 50,000.00 50,000.00 02031 Family Y 100,000.00 100,000.00 02032 Girls Club 1,727;59 . 1,727.59 02033 Parks Imp - McDuffie Woods 200,000.00 200,000.00 Public Services . 02050 30901 Development Corporation - WT 15,000.00 15,000.00 . Johnson 02051 Able DisAbled 20,000.00 20,000.00 02052 Art Factory 6,000.00 6,000.00 02053 Augusta Mini Theatre 5,000.00 5,000.00 02054 Augusta Youth Center 36,000.00 36,000.00 02055 Augusta Urban Ministries 10,000.00 10,000.00 02056 CSRA EOA 20,500.00 20,500.00 02057 Coordinated Health Services 8,000.00 8,000.00 02058 Golden Harvest Food Bank "Brown Bag" 20,000.00 20,000.00 02059 Hope House 10,000.00 10,000.00 02060 Housing Authority 20,000.00 20,000.00 02061 JWC Helping Hands 13,500.00 13,500.00 02062 Lucy Laney Museum 10,000.00 10,000.00 02063 MACH Tennis & Chess 10,000.00 10,000.00 02064 Neighborhood Improvement Project 10,000.00 10,000.00 02066 Senior Center - Senior Transportation 10,000.00 10,000.,00 02067 Shelter & Advocacy for Abused Children 5,000.00 5,000.00 02068 Shiloh Center 21,000.00 21,000.00 ___Clearanc_e._ &_Demoli.tion.. ___ _.__..___ . -.... .. .. __._n _.__ ~._~ --- . ,.- -.,.. -. . -. ../' 02040 "'-1' ARC land'Sarik-AutlibritY __ .' n n._". .._n 50;000:00' - '50;000:00 - Rehabilitation 02140 Housing Rehabilitation Program 500,000.00 500,000.00 021400wner-Occupied 375.000 02142 Emergency Grants 50,000 02146 World Chenger9 . 75,000 02147 Transition Center 75,000.00 75,000.00 Economic Development 02181 I ED Loan Program 124,000.00 124,000.00 Code Enforcement 02150 ARC Inspection Department '185,672.41 185,672.41 Special Activities by CaDa 02184 30901 Development Corporation (loan) 400,000.00 400,000.00 02185 I ANIC 200,000.00 200,000.00 Repayment of Section 108 Loan Principal 02190 Olde Town Properties 200,000.00 181 ;200.00 Program Administration & Planning (20% cap $591,900) ~i. I_A I!'.. 02200 ARC Planning Commission 35,000.00 30,.300.00 02210 General Administration 541,600.00 541,600.00 02211 Fair Housing Study Update 20,000.00 20,000.00 TOTAL .,.- 2,983,000.00 2,959,500.00 ,. . ~ ". .-. ~ 2002 HOME INVESTMENT PARTNERSHIP PROGRAM M-2002-MC-13-0206 Estimate Actual Entitlement Grant $ 1,457,000.00 $ 1,449,000.00 Program Income (estimate) 150,000.00 150,500.00 Total Funds Available $ 1,607,000.00 1,599,500.00 .- EXISTING. FUNDS Existing Program Income $ 213,028.00 $ 220,528.00 HOME Administration (2000-87,900 & 2001-145,700) 233,600.00 233,600.00 Total Funds Available $ 446,628.00 $ 454,128.00 TOTAL $2,053,628.00 $2,053,628.00 '. YEAR 2002 HOME PROJECTS: · Housing Rehabilitation Program: HND - Down Payment Assistance Pro'gram HND - Demolition/Rebuild Program HND - Rental Rehabilitation Program · 30901 Development, Corporation $ 50,000 $ 225,000 $ 100,000 $ 300,000 $ 203,628 $ 250,000 $ 200,000 $ 200,000 · , Housing Development .. Administration · Laney Walker Development Corporation - (CHDO set-aside) · Antioch Ministries .' East Au Pust~l'C'ommuriit Develo - ment Cor orati6-ii-----h - --..---- . ..... . $ 75 000 . .....__....__.____ .----.g...... - - ...... -,..Y~_.-...p.......- -.. R.."~_... ~.~~==~---~~__~.~. ~ =-- ,.. ...- --- .'. -..- -->-_.....:....-----'.._.,.....~-"_....""-,--'--"~---._:.;.;.......-. ..~;, ~._"-~'='..."".. .- ,. · Habitat for Humanity $ 100,000 · Promised Land Community D~v~lopment Cprporation · Sand Hills $ 150,000 $ 200,000 · . Total HOME Projects $ 2,053,628 " ~ ,~... " '- R-UDAG FUNDS PROPOSED BUDGET $ Project # PROJECT Public SeNices .. Augusta Task ForGe for the Homeless .', .' 40,000.00 Catholic Social Services 35,000.00 SAFE Homes 25,000.00 TOTAL .$,100,000.00 , . 2002 EMERGENCY $HEL TER GRANT PROGRAM S-2002-MC-13-0004 Entitlement Grant Estimate $99,000.00 .. PROPOSED IDIS# Project # PROJECT BUDGET $ 0201 Antioch Ministries 5,823.53 0202 Augusta Task Force for the Homeless 5,823.53 0203 Augusta Urban Ministries. . 5,823.53 0204 Catholic Social SeNices 5,823.53 0205 " Coordinated Health SeNices 5,823.53 0206 CSRA EOA 5,823.53 0207 Golden HaNest Food Bank 5,823.53 0208 Good Hope Social SeNices Ministries 5,823.53 0209 Hale Foundation 5,823.53 . 0210 Hope House . 5,823.53 . 0211 Interfaith Hospitality 5,823.53 0212 JWC Helping Hands 5,823.53 0213 Light of the World Neighborhood & ED 5,823.53 0214 St. Stephen Ministries 5,823.53 0215 SAFE Homes 5,823.53 0216 Salvation Army 5,823.53 0217 Transition Center 5,823.52 .. - .TOTAl...-~-- ---- .-- -..-..-- ,. -- - ---,,," .---.--. .-. -..--. .- .- -- - ". -. . -, - . ~---- - -. . $99;000.00 - .. ,..:... ""~,,,-:,,,-"1-_ " \ ,. ._' ..,.;'t: '. "funding Approval/Agreement title I of the Housing and Community Development Act (Public Law 930383) U.S. Department of Housing and urbGOfYf Offi. Ice of Community Planning and Dev me . Community Development Block Grant P H/-00515R of 20515R 1. Name of Grantee (as shown in item 5 of Standard Form 424) 3, Grantee's 9-digit Tax 10 Number 4, Date use of funds may begin City of Augusta, Georgia 58-6000513 (mm/ddlyyyy) 01/01/2002 2. Grantee's Complete Address (as shown in item S of Standard Form 424) Sa. Project/Grant No, 1 . 6a, Amount Approved 530 Greene Street B-02~Mc-13-0003 $2,859,000 Augusta, Georgia 30911 Sb. Project/Grant No.2 6b. Amount Approved Sc. Project/Grant No.3 6c. Amount Approved Grant Agreement: -This Grant Agreement between the Department of Housing and Urban Development (HUD) and the above named Grantee is made pursuant to the authority of Title 1 of the Housing and Community Development Act of 1974, as amended, (42 USC 5301 et seq.). The Grantee's submissioris for Title [assistance, the HUD regulations at 24 CFR Part 570 (as now in effect and as may be amended from time to time), and this Funding Approval, including any special conditions, constitute part of the Agreement. Subject to the provisions of this Grant Agreement, HUD will make the funding assistance specified here available to the Grantee upon execution of the Agreement by the parties. The funding assistance specified in the Funding Approval may be used to pay costs incurred after the date specified in item 4 above provided the activities to which such costs are related are canied out in compliance with all applicable requirements, Pre-agreement costs may not be paid with funding assistance specified here unless they are authorized in HUD regulations or approved by waiver and listed in the special conditions to the Funding Approval. The Grantee agrees to assume all of the responsibilities for environmental review, decision making, and actions, as specified and required in regulations issued by the Secretary pursuant to Section I 04(g) of Title 1 and published in 24 CFR Part 58, The Grantee further acknowledges its responsibility for adherence to the Agreement by sub-reci ient entities to which it makes fundin assistance hereunder available. .U,S. Department of Housing and UrtJan Development (By Name) JohnL. Perry, Director Augusta, Georgia Title Geor Signature ry of Title I Assistance for k only one) a. Entitlement, Sec 106{b) .0 b. State-Administered, Sec 106(d){1) Dc. HUD-Administered Small Cities, Sec 106(d){2)(B) o d./ndian CDBG Programs. Sec 106(a)(1) De. Surplus UrtJan Renewal Funds, Sec 112(b) Of. Special Purpose Grants, Sec 107 o g. Loan Guarantee, Sec 108 ived Su (mm/ddlyyyy) 1/15/20 9b, Date Grantee Notified (mmlddlyyyy)O 7 FEB 2002 9c. Date of Start of Program Year (mm/dd1yyyy) 01/01/2002 10. check one i:8J a. Orig. Funding Approval o b, Amendment Amendment Number 11. Amount of Community Development . BlOCK Grant a. Funds Reserved for this Grantee 12a. Amount of Loan Guarantee Commitment now being Approved FY (2002) FY ( $2,859,000 $2,859,000 o FY( ~.:.-,-'~ .--~_.- -~----_..~-",","-~------'----' ---'------------------------._----~-----~-" ~ - .. Loan.Guarantee.Acc'epiance- Provisions' for Designatea -Agencies: The public agency hereby accepts the Grant Agreement executed by the Department of Housing and Urban Development on the above date with respect to the above grant number(s) as Grantee designated to receive loan guarantee assistance, and agrees to comply with the terms and conditions of the Agreement, applicable regulations, and other requirements of HUD now or hereafter in effect, pertaining to the assistance provided it.' 12c. Name of Authorized Official for Designated Public Agency Title Signature HUD Accounting use Only Effective Date Batch TAC Program . Y A Reg Area Document No. Project Number Category Amount (mm/ddlyyyy) F [[]] ItB [[]] Q 0 0 [] rnm o;;g;p [[0 I II 10 Amount o [[[]I] I I Y diItJ Amount 0 I I Date Entered PAS (mm/dd/yyyy) Date Entered LaCeS (mm/ddlyyyy) Batch Number Transaction Code Entered By Verified By 24 CFR 570 form HUD-7D82 (4/93) ~ .~. . ~' .. 'i;' \ E.O. 12372 CDBG SPECIAL CONTRACT CONDITION . WATER OR SEWER FACILITIES Notwithstanding any other provision of this agreement, no funds provided under this agreement may be oQligated or expended for the planning or construction of water or sewer facilities until receipt of written notification from HUD of the release of funds on completion of the review procedures required under Executive Order E.O. 12372, Intergovernmental Review of Federal Programs, and HUD's implementing regulations at 24 CFR Part 52. The recipient shall also complete the review procedures required under E.O. 12372 and 24 CFR Part 52 and receive written notification from HUD of the release of funds before obligating or expending any funds provided under this agreement for any new or revised activity for the planning or construction of water orsewer facilities not previously reviewed under E.O: 12372 and implementing regulations. _u.._. ,~_"'."o _._ ,-/;.- " \' '~ 'Funding Approval and HOME Investment Partnerships Agreement Title" of the National Affordable Housing Act U.S. Department of Housing and Urban Development Office of Community Planning and Development OMS Approval No. 2506-0171 (Exp, 01/31/2002) Public reporting burden for this collectio~ of infonnation is estirri~ted to average 1 hour per respdrise, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of infonnation. This agency may not conduct or sponsor, and a person is not required to respond to, a collection of infonnation unless that collection displays a valid OMS control number. The HOME statute imposes a significant number of data collection and reporting requirements. This includes infonnation on assisted properties, on the owners or. tenants of the properties, and on other programmatic areas. The infonnation will be used: 1) to assist HOME participants in managing their programs; 2) to track perTonnance of participants in meeting fund commitment and expenditure, deadlines; 3) to permit HUD to detennine whether each participant meets the HOME statutory income targeting and affordability requirements; and 4) to pennit HUD to detennine compliance with other statutory and regulatory program requirements. This data collection is authorized under Title II of the Cranston-Gonzalez National Affordable Housing . Act or related authorities. Access to Federal grant funds is Contingent on the reporting of certain project-specific data elements. Records of infonnation .collected will be maintained by the recipients. of the assistance. Infonnation on activities and. expenditures of grant funds is public infonnation and is generally available for disclosure. Recipients are responsible for ensuring confidentiality when public disclosure is not requi~ed. 1. Participant Name and Address The City of Augusta 530 Greene Street 2. Participant Number M02-MC-13-0206 Augusta, Georgia 30911 3. Tax Identification Number 86X0205 7. FY (yyyy) 2002 t:~tJ!~~!'1~~]~t~w:~ 5. Appropriation Number 8. Previous Obligation (Enter .0. for initial FYallocation) a. Fonnula Funds b. Community Housing Development Org. (CHDO) Competitive Reallocation 9. Current Transaction (+ or-) a.. Fonnula Funds 1. CHDO (f'or deobligations only) 2.. Non- CHDO (For deobligations 'only) . b. CHDO Competitive Reallocation or Deobligation 10:Revised Obligation a. Fonnula Funds $0 $0 $1,449,000 $0 $0 $0 b. CHDO' Competitive Reallocation 11. Special Conditions (check applicable box) IZINot applicable DAttached $1,449,000 $0 12. Date of Obligation (Congressional Release Date) o 1 F;EB 2002 (mm/dd/yyyy) ___!his..Agreement between theDepai!!ller.ttofflousil'}g~~.!l.q Urban_D~velop!l1ent (HUD) and th~ Partjcipatirig Jurisdiction/Entity is made pursuant to the authority of the Home Investment Partnerships Act (42 U.S.C. 12701 et seq.). The Participating Jurisdiction's /Entity's approved Consolidated Plan submission/Application and the HUD regulations at 24 CFR Part 92 (as now in effect and as may be amended from time to time) and this HOME Investment Partnership Agreement, form HU0-40093, including any special conditions, constitute part of this Agreement. Subject to the provisions of this Agreement, HUO will make the funds for the Fiscal Year specified, available to the Participating Jurisdiction/Entity upon execution of this Agreement by the parties. All funds for the specified Fiscal Year provided by HUD by formula reallocation are covered by this Agreement upon execution of an amendment by HUD, without the Participating Jurisdiction's execution of the amendment or other consent. HUO's payment of funds under this Agreement is subject to the Participating Jurisdiction's/Entity's compliance with. HUD's electronic funds transfer and information reporting procedures issued pursuant to 24 CFR 92.502. To the extent authorized-by HUD regulations at 24 CFR Part 92, HUD may, by its execution of an amendment, de-obligate funds previously awarded to the Participating Jurisdiction/Entity without the Participating Jurisdiction's/Entity's execution of the amendment or other consent. The Participating Jurisdiction/Entity agrees that funds invested in affordable housing under 24 CFR Part 92 are repayable when the housing no longer qualifies as affqrdable housing. Repayment shall be made as specified in 24 CFR Part 92. The Participating Jurisdiction agrees to assume all of the responsibility for environmental review, decision making, and actions, as specified and required in regulation at 24 CFR 92.352 a 24 CFR Part 58. 13. For the U.S. Department of HUD (Name and Title of Authorized Official) John L. Perry, Director Georgia State Office of Community Planning and Develooment 16. For the Participating Jurisdiction/Entity (Name and Tille of Authorized Official) Bob Young, Mayor Cit of Au usta, Georgia 19. Check one: 00 Initial Agreement 15. Date I Z 5 ZdZ)2.. 18. Date 3 /5;J-OCJ ~ o A~endment # Page 1 of 3 form HUD-40093 (3/2001) '-' " ~ b., Community. Housing Development Organization CHDO) Competitive Reallocation. Enter the amount of funds previously obligated to the PJ/entity by competition for CHDOs. If this is a funding approval form for reallocating or deobligating funds previously , allocated by competition for CHDOs, enter 'the amount from line 10b. of the previously submitted form HUD- 40093 for the FY identified under item 7. . . 9. Current Transaction. Enter the total amount of funds for this action. Indicate a deobligation either by placing parentheses around the amount deobligated or a minus sign before the amount de-obligated. a. Formula Funds. Of the amount indicated under item 9, indicate the amount that is for formula funds. If this is a formula fund deobligation, show the distribution of that amount of funds under line 9a.1 CHDO funds and/or line 9a.2 non-CHDO funds. 1. CHDO. Of the amount indicated under item 9a, indicate the amount that are CHDO funds. If none, enter "0.. Note: If this is a 'CHDO competitive reallocation, enter the amount in 9b. 2. Non.CHDO. Of.the amount indicated under item 9a, indicate the amount that are Non-CHDO funds. If none, enter "0.. b. CHDO Competitive Reallocation or Deobgilation. Of the amount indicated on line 9, indicate the amount that is reallocated or deobligated from. funds previously reallocated by CHDO competition. ~. "; Note: CHDO set-ailde funds that are recaptured by HUD and are available for reallocation if, within 24 months after the last ' day of the month In 'which HUD notifies the PJ of HUD's execution of the HOME Investment Partnerships (Congressional release date), at least 15 percent of the PJ's allocation is not reserved for CHDOs.' "", .:,.... " . .... .':":12,," 11. Special Conditions. If applicable, check the box and attach any special conditions that are part of the Agreement. . 12. Date of Obligation. The date of obligation is the Congressional release date. The Congressional release date must be the date of the letter notifying the PJ (or entity) of the initial award of funds for the FY identified under item 7. This field is not required if the Agreement is being amended for a deobligation because of a reduction by HUD (purpose #3). 13. Name and Title of HUD Official. Enter the name and title of the HUD official who is authorized. to sign the Agreement on behalf of HUD. This is usually the Field Office CPD Director. 14. Signature of HUD Official. The HUD official signs the Agreement here. 15. Date. Enter the date the HUD official signed the form. In the case of initial agreements, this date must be the same date as the date of obligation (item 12). 16. For the Participating Jurisdiction/Entity (Name and Title of Authorized Office). Enter the name and title of the official authorized to sign on behalf of the participating jurisdiction/entity. This is not required if the Agreement is being amended for a deobligation because of a reduction by HUD (purpose #3). 17. Signature of PJ/Entity Official. The PJ/entity official signs the Agreement here. This is not required if the Agreement is being amended for a deobligation because of a reduction by HUD (purpose #3). 18. Date. Enter the date the P J/Entity official signs the , Agreement. This is not required if the Agreement is being amended for a deobligation because ofa reduction by HUD (purpose #3). If this is for an initial Agreement, the date must be prior to the date of obligation (item 12) and the date the HUD official signs the form (item 15). 10. Revised Obligation. Enter the total amount of funds available to the jurisdiction (or entity) after this transaction (Item 8 pluslminus Item 9). . ' 19. Type of Agreement. Check, either Initial Agreement- a. For!""ula Funds. Enter ~h~ to~al ar:'o~n~ o~;formula fun~s (purpose #1 or #2) or Amendment # (purpose # 3, #4 or _._ _ avallabl~ to. th~ ?artlclp~tln~. Junsdlctlon after thiS #5). If an amendment, indicate the amendment number. transaction (Item 8a pius/minus Itellr9a). .--------....--.-. .-.- ....--- - --- ....------:-- -----.----- - .. - '---" -. - - - b. CHDO Competitive Reallocation. Enter the total amount of funds available to the PJ/entity as a competitive reallocation for CHDOs after this transaction (item 8b plus/minus item 9b). Page 3 of 3 fonn HUD-40093 (3/2001) ~ . , EMERGENCY SHELTER GRANTS PROGRAM Grantee: Augusta, Georgia TIN: 58-6000513 Grant Number: S-02-MC-13-0004 Grant, Amount: $99,000 This Grant Agreement is made by and between the .United States Department of Housing and Urban Development (HUD) and the City of Augusta, Georgia, the Grantee, for FY 2002 of the Emergency Shelter Grants Program in the amount of $99,000. This grant was authorized by Subtitle B of Title IV of the Stewart B. McKinney Homeless Assistance Act, 42 D.S.C. 11301 (1988), as amended (the "Act"). In addition, the grant operates through RUDIS regulations at 24 CFR Part 576, as now in effect and as may be amended from time to time, which are incorporated as part of this Agreement. In reliance upon the Consolidated Plan and certifications, the Secretary agrees, upon execution of the Grant Agreement, to provide the Grantee wi th . the agreed grant. funds.. The grantee must comply with requirements for recordkeeping and annual performance reporting to HUD within 90 days -after the close of its consolidat~d program year, as required by 24 CFR 91.520. This includes the periodic information collected through HUD's Integrated Disbursements and Information System (IDIS). The grantee's IDIS reporting must include information on grant activities, project sponsors, project sites, and beneficiaries (including _racial and ethnic data on participants). This information -. -----wiTT -be-D.'s-ed--for--p-ro-gram'- mon-i toring and evaluation purposes. The Grantee agrees to comply with all applicable laws and regulations in distributing funds provided under this Grant Agreement and to accept responsibility for ensuring compliance by subrecipient entities, which may receive funding assistance. The Grantee agrees to comply with the provisions of the environmental requirements of 24 CFR Part 58 as applicable under 24 CFR 576.57(e) with respect to funds provided under this Grant Agreement. ,. , r- \. The Grantee further agrees to provide sufficient detail on matching funds so as to identify the specific sources and amounts of the funds as required by 42 use 11375(a) (1). This Grant Agreement is hereby executed by the Parties on the dates set forth below their respective signatures, as follows: UNITED STATES OF AMERICA Secretary of Housing and Urban Development By: John L. Per (Signature) Director Georgia State Office of Community Planning and Development (Title) 7 ~ I {z- ~ I ~(]l)-z.... (Date) GRANTEE ~:~Of AUgUS~a .. . . . tf. (Signature)BOb~~-. Mayor (Title) CfflMeIl 5,~iJjJ , (Date) .;.; Sarah RE: Year 2002 CDBG, HOME & ESG funds Attached are the three (3)'original Grant Agreements that the Mayor need to sign upon approval by Commission on March 5, 2002. The cover letter transmitting the agreements is also enclosed. I will date the letter when it is returned to me. The documents must be received by HUD before April 7, 2002. , OFFICE OF THE MAYOR BOB YOUNG, MAYOR ROOM 806, MUNICIPAL BUILDING 530 GREENE STREET, AUGUSTA, GA 30911 (706) 821-1831 - FAX (706) 821-1838 E-MAIL: mayoryoung@Co.richmond.ga.us Mr. John L. Perry, Director U.S. Department of Housing & Urban Development Georgia State Office - Community Planning & Development Five Points Plaza, 40 Marietta Street, NW, 15th Floor Atlanta, GA 30303-9812 Dear Mr. Perry: SUBJECT: Fiscal Year 2002 Annual Action Plan Grant Agreements City of Augusta, Georgia Community Development Block Grant Program Emergency Shelter Grant Program HOME Investment Partnership Program Enclosed are two (2) executed copies of the Year 2002 Annual Action Plan Grant Agreements between the City of Augusta and the U.S. Department of Housing and Urban Development for receipt of FY2002 funds for the Community Development Block Grant, HOME and Emergency Shelter Grant Programs. If additional information'is required, please contact me at (706) 821-1831. Sincerely, Bob Young Mayor BY Irlw Enclosures ~. , r funding Approval/Agreement Title.l of the Housing and Community DevelopmenfAct (Public Law 930383) U.S. Department of Housing and Urban Development Office of Community Planning and Development Community Development Block Grant Program HI-00515R of 20515R 1. Name of Grantee (as shown in item S of Standard Form 424) 3. Grantee's 9-digit Tax ID Number 4. Date use of funds may begin City of Augusta, Georgia 58-6000513 (mmldd/yyyy) 01/01/2002 2. Grantee's Complete Address (as shown in item S of Standard Form 424) 'Sa. Project/Grant No. 1 6a. Amount Approved 530 Greene Street B-02-MC-13-0003 $2,859,000 Augusta, Georgia 30911 Sb. Project/Grant No.2 6b. Amount Approved Sc. Project/Grant No.3 6c. Amount Approved - ,. Grant Agreement: This Grant Agreement between the Department of Housing and Urban Development (HUD) and the above named Grantee is made pursuant to the authority of Title I of the Housing and Community Development Act of 1974, as amended, (42 USC 5301 et seq.). The Grantee's submissions for Title I assistance, the HUD regulations at 24 CFR Part 570 (as now in effect and as may be amended from time to time), and this Funding Approval, including any special conditions, constitute part of the Agreement. Subject to the provisions of this Grant Agreement, HUD will make the funding assistance specified here available to the Grantee upon execution of the Agreement by the parties. The funding assistance specified in the Funding Approval may be used to pay costs incurred after the date specified in item 4 above provided the activities to which such costs are related are carried out in compliance with all applicable requirements. Pre-agreement costs may not be paid with funding assistance specified here unless they are authorized in HUD regulations or approved by waiver and listed in the special conditions to the Funding' ApprovaL 'The Grantee agrees to assume all of the responsibilities for environmental review, decision making, and actions, as specified and required in regulations issued by the Secretary pursuant to Section 104(g) of Title I and published in 24 CFR Part 58. The Grantee further acknowledges its responsibility for adherence to the Agreement by sub-reci ient entities to which it makes fundin assistance hereunder available. U.S. Department of Housing and Urban Development (By Name) John L. Perry, Director Title Georg' Signature 7. Cat 0 oITitle I Assistance for this Funding A (che only one) . , [8J a. Entitlement, See 106(b) o b.)State-Administered, Sec 106(d)(1) Dc. HUD-Administered Small Cities, Sec 106(d)(2)(B) o d.lndian CDBG Programs, Sec 106(a)(1) De. Surplus Urban R~newal Funds, Sec 112(b) Of. Special Purpose Grants, See 107 o g. Loan Guarantee. Sec 108 10. check one [8J a. Orig. Funding Approval o b. Amendment Amendment Number 11. Amount of Community Development Block Grant a. Funds Reserved for this Grantee 12a. Amount of Loan Guarantee Commitment now being Approved FY (2002) $2,859,000' . $2,859,000 o FY ( FY ( Loan Guarantee Acceptance Provisions for Designated Agencies: The public agency hereby accepts the Grant Agreement executed by the Department of Housing and Urban Development on the above date with respect to the above. grant number(s) as Grantee designated to receive 12c. Name of Authorized Official for Designated Public Agency loan guarantee assistance, and agrees to comply with the terms and conditions of the Agreement, applicable regulations, and other requirements of HUD now or hereafter in effect, pertaining to the Title assistance provided it. Signature HUD Accounting use Only Entered By Effective Date (mmlddlyyyy) F II 10 I I Verified By form HUD-70B2 (4/93) Batch TAC Program Y A Reg Area Document No. Project Number Category Amount [ill ;;rn [ill q 0 0 OJ ITJJIJ cg;;gJ ITIJJ I o [[[II] I o d!Ib I Date Entered PAS (mm/dd/yyyy) Date Entered LOCeS (mm/dd/yyyy) . Batch Number Transaction Code Amount Amount 24 CFR 570 . ..-.' .; E.O. 12372 CDBG SPECIAL CONTRACT CONDITION WATER OR SEWER FACILITIES Notwithstanding any other provision of this agreement. no funds provided under this agreement moy be obligated or expended for the planning or construction of water or sewer facilities until receipt of written notification from HUD of the release of funds on completion of the review procedures required under Executive-Order E.O. 12372, Intergovernmental Review of Federal Programs, and HUD's implementing regulations at 24 CFR Part 52. The recipient shall also complete the review procedures required under E.O. 12372 and 24 CFR Part 52 and receive written notification from HUD of the release of funds before obligating or expending any funds provided under this agreement for any new or revised activity for the planning or construction of water or sewer facilities not previously reviewed under E.O. 12372 and implementing regulations. ;.:.. Fundin'g Approval and HOME Investm.ent Partnerships Agreement Title" of the National. Affordable Housing Act U.S. Department of Housing and Urban Development Office of Community Planning and Development OMS Approval No. 2506-0171 (Exp.01/31/2002) Public reporting burden for this collection of information is estimated to average 1 hour per response, including the time for reviewing instructions, s:nrching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. This agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless that collection displays a valid OMS control number. The HOME statute imposes a significant number of data coll~~tion and reporting requirementl!. This includes information on assisted properties, on the owners or tenants of the properties, and on other prograllUnatic areas. The information will DEl used: 1) to assist HOME participants in managing their programs; 2) to track performance of participants in meeting fund commitment and expenditure deadlines; 3) to permit HUD to determine whether each participant meets the HOME statutory income targeting and affordability requirements; and 4) to permit HUD to determine compliance with other statutory and regulatory program requirementS. This data collection is authorized under Title II of the Cranston-Gonzalez National Affordable Housing Act or related authorities. Access to Federal grant funds is contingent on the reporting of certain project-specific data elements. Records of information collected will be maintained by the recipients of the assistance. Information on activities and expenditures of grant funds is pUblic information and is generally available for disclosure. Recipients are responsible for ensuring confidentiality when public disclosureis.not requir.ed. 1. Participant Name and Address The City of Augusta 530 Greene Street 2. Participant Number M02-MC-13-0206 Augusta, Georgia 30911 3. Tax Identification Number 58-6000513 86X0205 7: FY (yyyy) 2002 :'~;~I~~i~;1JY~l'~ 5. Appropriation Number 8. Previous Obligation (Enter .O~ for initial FY allocation) a. Formula Funds b. Community Housing Development Org. (CHDO) Competitive Reallocation 9. Current Ticmsaction. (+ or-) a. Formula Funds 1. CHDO (For deobligations only) 2. Non- CHDO (For deobligations only) , bOo CHDO Competitive Reallocation or Deobligation 10. Revised Obligation <<3; FormulaFunds $0 $0 $1,449,000 $0 $0 $0 b. CHDO C9mpetitive Reallocation 11. Special Conditions (check applicable box) I8INot applicable DAttached ' $1,449,000 $0 12. Date of Obligation (Congressional Release Date) tq)j 7/ FES 2002 (mm/dd/yyyy) This Agreement between the Department of Housing and Urban Development' (HUD) and the Participating Jurisdiction/Entity is made pursuant to the authority of the Home Investment Partnerships Act (42 U.S.C. 12701 et seq.). The Participating Jurisdiction's IEntity's approved Consolidated Plan submission/Application and the HUD regulations at 24 CFR Part 92 (as now in effect and as may be amended from time to time) and this HOME Investment Partnership Agreement, form HUD-40093, including any. special conditions, . constitute part of this Agreement. Subject to the provisions of this Agreement, HUD will make the funds for the Fiscal Year specified, available to the Participating Jurisdiction/Entity upon execution of this Agreement by the parties. All funds for the specified Fiscal Year provided by HUD by formula reallocation are covered by this Agreement upon execution of an amendment by HUD, without the Participating Jurisdiction's execution of the amendment or other consent. HUD's payment of funds under this Agreement is subject to the Participating Jurisdiction's/Entity's compliance with HUD's electronic funds transfer and information reporting procedures issued pursuant to 24 CFR 92.502. To the extent authorized by HUD regulations at 24 CFR Part 92, HUD may, by its execution of an amendment, de-obligate funds previously awarded to the Participating Jurisdiction/Entity without the Participating Jurisdiction's/Entity's execution of the amendment or other consent. The Participating Jurisdiction/Entity agrees that funds invested in affordable housing under 24 CFR Part 92 are repayable when the housing. no. longer qualifies as affordable housing. Repayment shall be made as specified in 24 CFR Part 92. The Parti.cipating Jurisdiction agrees to assume all of the responsibility for environmental review, decision making, and actions, as specified and required in regulation at 24 CFR 92.352 and 24 CFR Part 58. 13. For the U.S. Department of HUD (Name and Title of Authorized Official) 14. Sig John L. Perry, Director Geor!!ia State Office of Community Plannin!! and Develooment 16. For the' Participating Jurisdiction/Entity (Name and Title of Authorized Official) Bob Young. Mayor Cit . of Au usta. Georgia 19. Check one: ' , Q Initial Agreement 15. Date I / z.';;- ~. 18. Date 3 /51 ~;)...., Page 1 of 3 , form HUD-40093 (3/2001) :--: ~ .' .b. Community. Housing Development Organization . CHDO) Competitive Reallocation. Enter the amount. of funds previously obligated to the PJ/entity by competition for CHDOs. If this is a funding approval form for reallocating or deobligating funds previously allocated by competition for CHDOs, enter the amount from line 10b. of the previously submitted form HUD- 40093 for the FY identified under item 7. 9. Current Transaction. Enter the total amount of funds for this action. Indicate a deobligation either by placing parentheses around the amount deobligated or a minus sign before the amount de-obligated. a. Formula Funds. Of the amount indicated under item 9, indicate the amount that is for formula funds. If this is a formula fund deobligation, show the' distribution of that amount of funds under line 9a.1 CHDO funds and/or line 9a.2 non-CHDO funds. 1. CHDO. Of the amount indicated under. item 9a, indicate the amount that are CHDO funds. If none, enter "a.. Note: If this is a CHDO competitive reallocation, enter the amount in 9b. 2. Non.CHDO. Of the amount indicated under item 9a, indicate the amount that are Non~CHDOfunds. If none, enter "0.. '~~'" b. CHDO Competitive Reallocation or Deobgilatlon. Of the amount indicated on line 9, indicate the amount that is reallocated or deobligated from funds previously reallocated by CHDO competition. Note: CHDO set-aside funds that are recaptured by HUD and are available forreal/ocation if, within 24 months after the last day of the month.in which HUD notifies the PJ of HUD's execution of the HOME Investment Partnerships (Congressiona/ release date), at least 15 percenfof the PJ's allocation is not reserved for CHDOs. . 10. Revised Obligation. Enter the total amount of funds available to the jurisdiction (or entity) after this transaction (Item 8 plus/minus Item 9). . ., a. Formula Funds. Enter the total amount of formula funds available to the participating jurisdiction after this trans~ction (item 8a plus/minus item 9a). b. CHDO Competitive Realloc.atlon. Enter the total amount of funds available to the. PJ/entity as a competitive reallocation for CHDOs after this transaction (item 8b plus/minus item 9b). 11. Special Conditions. If applicable, check the box and attach any special conditions that are part of the Agreement. 12. Date of Obligation. The date of obligation is the Congressional release date. The Congressional release date .!!l!:!!! be the date of the letter notifying the PJ (or entity) of the initial award of funds for the FY identified under item 7. This field is not required if the Agreement is being amended for a deobligation because of a reduction by HUD (purpose #3). 13. Name and Title of HUD Official. Enter the. name and title of the HUD official who is authorized to sign the Agreement on behalf 'of HUD. This is usually the Field' Office CPO Director. 14. Signature of HUD Official. The HUD official signs the Agreement here. 15. Date. Enter the date the HUD official signed the form. In the case of initial agreements, this date must be the same date as the date of obligatio~ (item 12). 16. For the Participating Jurisdiction/Entity (Name and Title of Authorized Office). Enter the name and title of the official authorized to sign on behalf of the participating jurisdiction/entity. This is not required if the Agreement is being amended for a deobligation because of a reduction by HUD (purpose #3). 17. Signature of PJ/Entity Official. The PJ/entity official signs the Agreement here. This is not required if the Agreement is being amended for a deobligation because of a reduction by HUD (purpose #3). 18. Date. Enter the date' the PJ/Entity official signs the Agreement. ,This is not required if the Agreement is being amended for a deobligation because of a reduction by HUD (purpose #3). If this is for an initial Agreement, the date must be prior to the date of obligation (item 12) and the date the HUD official signs the form (item 15). 19. Type of Agreement. Check. either Initial Agreement (purpose #1 or #2) or Amendment # (purpose # 3, #4 or #5). If an amendment, indicate the amendment number. Page 3 of 3 form HUD-4093 (3/2001) ;:."'l J. 7 EMERGENCY SHELTER GRANTS PROGRAM Grantee: Augusta, Georgia TIN: 58-6000513 Grant Number: S-02-MC~13-0004 Grant Amount: $99,000 This Grant Agreement is made by and between the United States Department of Housing and Urban Development (HUD) and the City of Augusta, Georgia, the Grantee~ for FY 2002 of the Emergency Shelter Grants Program in the amount of $99,000. This grant:was authorized by Subtitle B of Title IV of the Stewart B. McKinney Homeless Assistance Act, 42 U.S.C. 11301 (1988), as amended (the "Act") .In addition, the grant operates through HUDls regulations at 24 CPR Part 576, as now in effect and as' may be amended from time to time, which are incorporated as part of this Agreement. In reliance upon the Consolidated Plan and certifications, the Secretary agrees, upon execution of the Grant Agreement, , ' to provide the Grantee with the agreed grant funds. The grantee must comply with requirements for recordkeeping and annual performance reporting to HUD within 90 days after tI:e close of its consolidated program year, as required by 24 CPR 91.520. This includes the periodic information collected through HUD's Integrated Disbursements and Information System '( IDIS) . .- The grantee' sIDIS reporting must include information on grant activities, project sponsors, project sites, and beneficiaries (including u -------raci-ai.---and--e-t-hnrc--dat-a---onparticipant-s) ~ '-Thls information will be used for program monitoring and evaluation purposes. The Grantee agrees to comply with all applicable laws and regulations in distributing funds provided under this Grant Agreement and to accept responsibility for ensuring compliance by subrecipient entities, which may receive funding assistance. The Grantee agrees to comply with the provisions of the environmental requirements of 24 CPR Part 58 as applicable under 24CFR 576.57(e) with respect to funds provided under this Grant Agreement. . ..i The Grantee further agrees to provide sufficient detail on matching funds so as to identify the specific sources and amounts of the funds as required by 42 use 11375 (a)(l) . This Grant Agreement is hereby executed by the Parties on the dates set forth below their respective signatures, as follows: UNITED STATES OF AMERICA Secretary of Housing and ,Urban Development By: John L. Perr (Signature) Director Georgia State Office of Community Planning and Development (Ti tIe) , 0 II-z.~ \ Zdt)'2.. (Date) , GRANTEE , City of Mt'OGeorgi. : l;~ ttlt ~~ ~J (Signature) . 0 .. u' . Mayor (Title) AiM l' AI- ~ ,2/)1)~ (Date) , .. ,- -, .Funding Approval/Agreement Title I of the Housing <;lnd Community Development' Act (Public Law 930383) HI-00515R of 20515R U.S. Department of Housing and Urban Development Office of Community Planning and Development Community Development Block Grant Program 1. Name of Grantee (as shown in item 5 of Standard Form 424) 3. Grantee's 9-digit Tax ID Number 4. Date use of funds may begin City of Augusta, Georgia 58-6000513 (mmfddlyyyy) 01/01/2002 2. Grantee's Complete Address (as shown in item 5 of Standard Form 424) 5a. Project/Grant No. 1 . 6a. Amount Approved 530 Greene Street B-02-MC-13-0003 $2,859,000 Augusta, Georgia 30911 5b. Project/Grant No.2 6b. Amount Approved 5c. ProjecVGrant No.3 6c. Amount Approved Grant Agreement:' This Grant Agreement between the Department of Housing and Urban Development (HUD) and the above named Grantee is made pursuant to the authority of Title I of thc Housing and Community Development Act of 1974, as amended, (42 USC 5301 et seq.). The' Grantee's submissions for Title I assistance, the HUD regulations at 24 CFR Part 570 (as now in effect and as may be amended from time to time), and this Funding Approval, including any special conditions, constitute part of the Agreement. Subject to the provisions of this Grant Agreement, HUD will make the funding assistance specified here available to the Grantee upon execution of the Agreement by the p~rties. The funding assistance specified in the Funding Approval may be used to pay costs incurred after the date specified in item 4 above provided the activities to which such costs are related are carried out in compliance with all applicable requirements. Pre-agreement costs may not be paid with funding assistance specified here unless they are authorized in HUD regulations or approved by waiver and, listed in the special conditions to the Funding Approval. ' The Grantee agrees to assume all of the responsibilities for environmental review, decision making, and actions, as specified and 'required in regulations issued by the Secretary pursuant to Section 104(g) of Title I and published in 24 CFR Part 58. The Grantee further acknowledges its responsibility for adherence to the Agreement by sub-reci ient entities to which it makes fundin assistance hereunder available. U.S. Department of Housing and Urban Development (By Name) JohnL.Perry,Director Augusta, Georgia Title Gear Signature ry of Title I Assistance for k only one) a. Entitlement, See 106(b) Db. State-Administered, See 106(d)(1) Dc. HUO-Administered Small Cities, See 106(d)(2)(B) o d.lndian COBG Programs, See 106(a)(1) De. Surplus Urban RenewalFunds, See 112(b) Of. Special Purpose Grants, See 107 o g. Loan Guarantee, See 108 10. check one [gJ a. Orig. Funding Approval o b. Amendment Amendment Number 11. Amount of Community Development Block Grant' a. Funds Reserved for this Grantee 12a. Amount of Loan Guarantee Commitment now being Approved FY (2002) $2,859,000 , $2,859,000 . o FY( FY ( Loan Guarantee Acceptance Provisions for Designated Agencies: The public agency hereby accepts the' Grant Agreement-executed by the Department of Housing and Urban Development on the above date with respect to the above grant number(s) as Grantee designated to receive 12c. Nameof'Authorized Official for Designated Public-Agency loan guarantee assistance, and agrees to comply with the tenns and conditions of the Agreement, applicable regulations, and other requirements of HUD now or hereafter in effect, pertaining to the Title assistance provided it. Signature. HUD Accounting use Only Entered By Effective Date (mmfddlyyyy) F 1.1 10 I I Verified By form HUD-7082 (4/93) Batch TAC Program Y A Reg Area Document No. Project Number Category Amount [IIJ ~ [ill Q D D [I]rnm q;g;p [OJ I . 0'[[0]] I o diIb I Date Entered PAS (mm/dd/yyyy) Date Entered LOCCS (mm/dd/yyyy) Batch Number Transaction Code Amount Amount 24 CFR 570 .. .' : ..... 12.0. 12372 CDBG SPECIAL CONTRACT CONDITION WATER OR SEWER FACILITIES Notwithstanding any other provision of this agreement. no funds provided under this agreement may'be obligated or expended for the planning or . construction of water or sewer facilities until receipt of written notification from HUD of the release of funds on completion of the review procedures required under Executive Order 12.0. 12372, Intergovernmental. Review of Federal Programs, and HUD's implementing regulations at 24 CFR Part 52. The recipient shall also compiete the review procedures required under 12.0. 12372 and 24 CFR Part 52 and receive written notification from HUD of the release of funds before obligating or expending any funds provided under this agreement for any new or revised activity for the . planning or construction of water or sewer facilities not previously reviewed under 12.0. 12372 and implementing regulations. ,... Funding Approval and HOME Investment Partnerships Agreement Title II of the National Affordable Housing Act- ' U.S. Department of Housing' and Urban Development Office of Community Planning and Development OMS Approval No. 2506-0171 (Exp. 01/31/2002) Public reporting burden for this collection of information is estimated to average 1 hour per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. This agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless that collection displays a valid OMB control number. The HOME statute imposes a significant number of data collection' and reporting requirements. This includes information on assisted properties, on the owners or tenants of the properties, and on other programmatic areas. The information will be used: 1) to assist HOME participants in managing their programs: 2) to track performance of participants in meeting fund commitment and expenditure deadlines: 3) to permit HUD to determine whether each participant meets the HOME statutory income targeting andaffordability requirements; and 4) to permit HUD to determine compliance with other statutory and regulatory program requirements. This data collection is authorized under Title II of the Cranston-Gon~lez National Affordable Housing Act or related authorities. Access to Federal grant funds is contingent on the reporting of certain project-specific data elements. Records of information collected will be maintained by the recipients of the assistance. Information on activities and expenditures of grant funds is public information and is generally available for disclosure. Recipients are responsible-for ensuring confidentiality when public disclosure is not required. 1. Participant Name and Address The City of Augusta 530 Greene Street 2. Participant Number , . M02-MC-l3-0206 Augusta, Georgia 30911 3. Tax Identification Number 86X0205 7. FY (yyyy) 2002 r-- ~\Gf7~':'i t~~ "'}l~;~~~-;:~'{ ~.:-.~; ;;;~i:'~~w ::;~~'~~1 . -" u"'..,")Ol'\'"'"~-"'~-"''''r" ..~_L., "1 !~. ';-:T;T~i?~~ii~ik~%~i~~~ ~t~~ 5. Appropriation Number 8. Previous Obligation (Enter "0" for initial FY allocation) a. Formula Funds b. Community Housing Development Org. (CHDO) Competitive Reallocation 9. Current Transaction (+ or-) a.. Formula Funds 1. CHDO (For deobligations only) . 2., Non" CHDO (For deobligations 'only) . b. CHDO Competitive Reallocation or Deobligation ,10. Revised Obligation . a. Formula Funds $0 $0 $1,449,000 $0 $0 $0 b. CHDOCompetitlve Reallocation 11. Special Conditions (check applicable box) [8JNot applicable DAttached $1,449,000 $0 12. Date of Obligation (Congressional Release Date) () ~ F~8 2002 (mm/dd/yyyy) This Agreement between the Department of Housing and Urban Development (HUD) and the Participating JurisdictionlEntity is made pursuant to the authority of the Home-lnvestmenlPartnerships Act (42 U.S.C. 12701 et seq.). The Participating Jurisdiction's IEntity's approved Consolidated Plan submission/Application and the HUD regulations at 24 CFR Part 92 (as now in effect and as may be . amended from time to time) and this HOME Investment Partnership Agreement, form HUD-40093, including any special conditions, constitute part of this Agreement. Subject to the provisions of this Agreement, HUD will make the funds for the Fiscal Year specified, available to the Participating Jurisdiction/Entity upon execution of this Agreement by the parties. All funds for the specified Fiscal Year provided by HUD by formula reallocation are covered by this Agreement upon execution of an amendment by HUD, without the Participating Jurisdiction's execution of the amendment or other consent. HUD's payment of funds under this Agreement is subject to the Participating Jurisdiction's/Entity's compliance with HUO'selectronic funds transfer and information reporting procedures issued pursuant to 24 CFR 92.502. To the extent authorized by HUD regulations at 24 CFR Part 92, HUD may, by its execution of an amendment, de-obligate funds previously awarded to the. Participating JurisdictionlEntity without the Participating Jurisdiction's/Entity's execution of the amendment or other ,consent. The Participating Jurisdiction/Entity agrees that funds invested in affordable housing under 24 CFR Part 92 are repayable when the housing no longer qualifies as affordable housing. Repayment shall be made as specified in 24 CFR Part 92. The Participating Jurisdiction agrees to assume all of the responsibility for environmental review, decision making, and actions, as specified and required in regulation at 24 CFR 92.352 a 24 CFR Part 58. 13. For the U.S. Department of HUD (Name and Titl~ of Authorized Official) 14. 'g ature John L Perry, Director Georgia State Office of Community Planning and Development 16. For the Participating Jurisdiction/Entity (Name and Title of Authorize.d Official) Bob Young, Mayor . ~t Cit of Au usta,'Georgia II 19. Check qne: . I:RIlnitial Agreement 15. Date I z...5 UlJ2.. 18. Date ~ /5/.:J.oO~ o Amendment # Page 1 of 3 form HUD-40093 (3(2001) . . i b. Community Housing Development Organization CHDO) Competitive Reallocation. Enter the amount of funds previously obligated to the PJ/entity by competition for CHDOs. If this is a funding approyal form for reallocating or deobligating funds previously allocated by competition for CHDOs, enter the amount from line 10b. of the previously submitted form HUD- 40093 for the FY identified under item 7. 9. . Current Transaction. Enter the total amount of funds for this action. Indicate a deobligation either by placing parentheses around the amount deobligated or a minus sign before the amount de-obligated. a. Formula Funds. Of the amount indicated' under item 9, indicate the amount that is for formula funds. If this is a formula fund deobligation, show the distribution of that amount of funds under line 9a.1 CHDO funds and/or line 9a.2 non-CHDO funds. 1. CHDO. Of the amount indicated under item 9a, indicate the amount that are CHDO funds. If none, enter .0.. Note: If this is a CHDO competitive reallocation, enter the amount in 9b. 2. Non.CHDO. Of the amount indicated under item 9a, .indicate the amount that are Non-CHDO funds. If none, enter "0". b. CHDO Competitive Reallocation or Deobgilatlon. Of the amount indicated on line 9, indicate the amount that is reallocated or deobligated from, funds previously reallocated by CHDO competition. Note: CHDO set-aside funds that are recaptured by HUD and are available for reallocation if, within 24 months after the last day of the month in which HUD notifies the PJ of HUD's execution of the HOME Investment Partnerships (Congressional release date), at least 15 percent of the PJ's allocation is not reserved for CHDOs. ' 10. Revised Obligation. Enter the total amount of funds available to the jurisdiction (or entity) after this transaction (Item 8 plus/minus Item 9). a. Formula Funds. Enter the total amount of formula funds available to the participating jurisdiction after this transaction (item 8a plus/minus item 9a). b. CHDO Competitive Reallocation. Enter the total amount of funds available to the PJ/entity as a competitive reallocation for CHDOs after this transaction (item 8b plus/minus item 9b). 11. Special Conditions. If applicable, check the box and attach any special conditions that are part of the Agreement. 12. Date of Obligation. The date of obligation ;s the Congressional release date. The Congressional release date !!!y!! be the date of the letter notifying the PJ (or entity) of the initial award of funds for the FY identified under item 7. This field is not required if the Agreement is being amended for a deobligation because of a reduction by HUD (purpose #3). . 13. Name and Title of HUD Official. Enter the name and title of the HUD official who is authorized to sign the Agreement on behalf of HUD. This is usually the Field Office CPD Director. 14. Signature of HUD Official. The HUD official signs the Agreement here. 15. Date. Enter the date the HUD official signed the form. In the case of initial agreements, this date must be the same date as the date of obligation (item 12). 16. For the Participating Jurisdiction/Entity (Name and Title of Authorized Office). Enter the name and title of the official authorized to sign on behalf of the participating jurisdiction/entity. This is' not required if the Agreement is being amended for a deobligation because of a reduction by HUD (purpose #3). 17. Signature of PJ/Entity Official. The PJ/entity official signs the Agreement here. This is not required if the Agreement is being amended for a deobligation because of a reduction by HUD (purpose #3). '18. Date. Enter the date the, PJ/Entity official signs the Agreement. This is not required if the Agreement is being amended for a deobligation because of a reduction by HUD (purpose #3). If this is for an initial Agreement, the date must be prior to the date of obligation (item 12) and the date the HUD official signs the form (item 15). 19. Type of Agreement. Check. either Initial Agreement (purpose #1 or #2) or Amendment # (purpose # 3, #4 or #5). If an amendment, indicate the amendment number. Page 3 of 3 fonn HUD-40093 (3/2001) ,.. _0 . -,l EMERGENCY SHELTER GRANTS PROGRAM Grantee: Augusta, Georgia TIN: 58-6000513 Grant Number: S-02-MC-13-0004 Grant Amount: $99,000 This Grant Agreement is made by and between the United States Department of Housing and Urban Development(HUD) and the City of Augusta, Georgia, the Grantee, for, FY 2002 of the Emergency Shelter Grants Program .in the amount of $99,000. This grant was authorized by Subtitle B of Title IV of the Stewart B. McKinney Homeless Assistance Act, 42 U.S.C. 11301 (1988), as amended (the IIActll). In addition, the grant operates through HUD's 'regulations at 24 CPR Part 576, as now in effect and as may be amended from time to time, which are incorporated as part of this Agreement. In reliance upon the Consolidated Plan and certifications, the Secretary agrees, upon execution of the Grant Agreement, to provide the Grantee with the agreed grant ,funds. The grantee must comply with requirements for recordkeeping and annual performance reporting to HUD within 90 days after the close of its consolidated program year, as required by 24. CPR 91.520. This includes the periodic information collected through HUD's Integrated Disbursements and Information System (IDIS). The grantee's IDIS reporting must include information on grant activities, project sponsors, project sites, and beneficiaries (including racial and ethnic data on participants). This information .' w.ill be used for program monitoring and evaluation purposes. The Grantee agrees to comply with all applicable laws and regulations in distributing funds provided under this Grant Agreement and to accept responsibility for ensuring compliance by subrecipient entities, which may receive funding assistance. . The Grantee agrees to comply with the provisions of the environmental requirements of 24 CPR Part. 58 as applicable under 24 CPR 576.57(e) with respect to funds provided under this Grant Agreement. .~..' ~I .' ,. .~ " - . i. .,f The Gr~ntee further agtees to proVide sufficient ~etail on matching funds so as to identify the specific sources and amounts of the funds as required by 42 use 11375(a) (1). This Grant Agreement is hereby executed by the Parties on the dates set forth below their respective signatures, as follows: UNITED STATES OF AMERICA Secretary of Housing and Urban Development By: John L. Perr (Signature) Director Georgia State Office of Community Planning and Development (Title) (!), I 1, ~ I ~ot)-z.... (Date) GRANTEE ;: AU9usrm f (Signature) Bob You '""'- g_ h' __ Mayor (Title) 1fl1MUV- ~~~!)~ (Date) - -; . .7....... o. .~~u~ding Approval/Agreement fitle I of the Housing and Community Development'Act (Puolic Law 930383) HI-00515R of 20515R u.s. Department of Housing and Urban Development Office of Community Planning and Development Community Development Block Grant Program 1. Name of Grantee (as shown in item 5 of. Standard Form 424) 3. Grantee's ~-digit Tax 10 Number 4. Date use of funds may begin City of Augusta, Georgia 58-6000513 (mmldd/yyyy) .01/01/2002 2. Grantee's Complete Address (as shown in item 5 of Standard Form 424) 5a. ProjectlGrant No.1 6a. Amount Approved 530 Greene Street B-02-MC-13-0003 $2,859,000 Augusta, Georgia 30911 5b. ProjectJGrant NO.2 6b. Amount Approved 5c. ProjectJGrant NO.3 6c. Amount Approved Grant Agreement: This Grant Agreement between the Department of Housmg and Urban Development (HUD) and the above named Grantee IS made pursuant to,the authority of Title I of the Housing and Community Development Act of 1974, as amended, (42 USC 5301 et seq.). The Grantee's submissions for Title 1 assistance, the HUD regulations at 24 CFR Part 570 (as now in effect and as may be amended from time to time), and this Funding Approval, including any special conditions, constitute part of the Agreement. Subject to the provisions of this Grant Agreement, HUD will make the funding assistance specifie,d here available to the Grantee upon execution of the Agreement by the parties. The funding assistance specified in the Funding Approval may be used to pay costs incurred after the date specified in item 4 above provided the activities to which such costs are related are carried out in compliance with all applicable requirements. Pre-agreement costs may not be paid with funding assistance specified here unless they are authorized inHUD regulations or approved by waiver and listed in the special conditions to the Funding Approval. The Grantee agrees to assume all of the responsibilities for environmental review, decision making, and actions, as specified and required in regulations issued by the Secretary pursuant to Section 104(g) of Title I and published in 24 CFR Part 58. The Grantee further aclrnowledges its responsibility for adherence to the Agreement by sub-reci ient entities to which it makes fund in assistance hereunder available. U.S. Department of Housing and Urban Development (By Name) John L. Perry, Director Title Georgi Signature Grantee Name of Title I Assistance for this Funding Acti n (chec only one) jgI a. Entitlemen~ Sec 106(b) Db. State-Administered, Sec 106(d)(1) Dc. HUD-Administered Small Cities, Sec 106(d)(2)(B) o d.lndian CDBG Programs,Sec106(a)(1) De. Surplus Urban Renewal Funds, Sec 112(b) o f. Special Purpose Grants, Sec 107 o g. Loan Guarantee, Sec 108 Date (mmldd/yyyy) 3 10. check one r8J a. Orig. Funding Approval o b. Amendment Amendment Number ~ 11. ~mount of Community Development Block Grant a. Funds Reserved for this Grantee 12a. Amount of Loan Guarantee Commitment now being Approved FY (2002) $2,859,000 $2,859,000 o FY( FY( Loan Guarantee Acceptance Provisions for Designated Agencies: The public agency hereby accepts the Grant Agreement executed by the Department of Housing and Urban Development on the above date with respect to the above grant number(s) as Grantee designated to .receive 12c. Name of Authorized Official for Designated Public Agency loan guarantee assistance,. and agrees to comply with .the terms and conditions of the Agreement, applicable regulations, and other requirements of HUD now or hereafter in effect, pertaining to the Title assistance provided it. Signature HUD Accounting use Only Entered By Effective Date (mmlddfyyyy) F II 10 I I Verified By form HUD-7082 (4/93) Batch TAC Program Y A Reg Area. Document No. Project Number Category Amount ITIJ Ita ITIJ Q 0 0 rn ITIJI] cg;gJ [IJ] I D DIITI I o dmJ I Date Entered PAS (mm/dd/yyyy) Date Entered LOCCS (mmldd/yyyy) Balch Number Transaction Code Amount Amount 24 CFR 570 . · \. n'i-. ~. ~ E.O. 12372 . ,CDBG SPECIAL CONTRACT CONDITION WATER OR SEWER FACILITIES . . Notwithstanding any other provision of this agreE;ment, no funds provided under this agreement may be obligated or expended for the planning or construction of water or sewer facilities until receipt of written notification from HUD of the release of funds on completion of the review procedures required under Executive Order E.O. 12372, Intergovernmental Review of Federal Programs, and HUO's implementing regulations at 24 CFR Part 52. The recipient shail also complete the review procedures required under E.O. 12372 and 24 CFR Part 52 and receive . written notification from HUD of the release of funds before obljgating or expending any funds.provided under this agreement for any new or revised activity for the planning or construction of water or sewer facilities not previously reviewed under E.O. 12372 and implementing regulations. . - ... .,- , , c.' ;funding Approval and HOME Investment Partnerships Agreement Title /I of the National Affordable Housing Act U.S. Department of Housing and Urban Development Office of Community Planning and Development OMS Approval No. 2506-0171 (Exp.01/31/2002) Public reporting burden for this collection of information is estimated to average 1 hour per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. This agency may not conduct or sponsor, and a person is not required to respond to, a collecti~nof information unless that collection.displays a valid OMS control number. The HOME statute imposes a significant number of data cOllection and reporting requirementS; This includes information on assisted properties, on the owners or tenants of the properties, and on other programmatic areas. The information will be used: 1) to assist HOME participants in managing their programs; 2) to track performance of participants in meeting fund commitment and expenditure deadlines; 3) to permit HUD to determine whether each participant meets the HOME statutory income targeting and affordability requirements; and 4) to permit HUD to determine compliance with other statutory and regulatory program requirements. This data collection is authorized under Title II of the Cranston-Gonzalez National Affordable Housing Act or related authorities. Access to Federal grant funds is contingent on th,e reporting of certain project-specific data elements. Records of information collected will be maintained by the recipients of the assistance. Information on activities and expenditures of grant funds is public information and is generally available for disclosure. Recipients are responsible for ensuring confidentiality when public disclosure is not required. 1. Participant Name and Address The City of Augusta 530 Greene Street 2. Participant Number M02-MC-13-0206 Augusta, Georgia 30911 3. Tax Identification Number 58-6000513 86X0205 7. FY (yyyy) 2002 5. Appropriation Number 8. Previous Obligation (Enter "0' for initial FY allocation) a. Formula Funds b. Com'munity Housing Development Org. (CHDO) Competitive Reallocation 9. Current Transaction. (+ or -). a.. Formula Funds 1. CHDO (For d~bligations only) , 2. Non- CHDO (For deobligations only) 'b. CHDO Competitive Reallocation or Deobligation 10. Revised Obligation a. Formula Funds, $0 $0 $1,449,000 $0 $0 $0 b. . CHDO Competitive Reallocation 11. Special Conditions (check applicable box) [8INot applicable DAttached $1,449,000 $0 12. Date of Obligation (Congressional Relea'se Date) o ~ fEB 2001 (mm/dd/yyyy) This Agreementbetwel;ln the Department of Housing and Urban Development (HUD) and the Participating Jurisdiction/Entity is made pursuant to the authority of the Home Investment Partnerships Act (42 U.S.C. 12701 et seq.). The Participating Jurisdiction's /Entity's approved Consolidated Plan submission/Application and the HUD regulations at 24 CFR Part 92 (as now in effect and as may be amended from time to time) and this HOME Investment Partnership Agreement, form HUD-40093, including any special conditions, constitute part of this Agreement. Subjectto the provisions of this Agreement, HUD will make the funds for the Fiscal Year specified, available to the Participating Jurisdiction/Entity upon execution of this Agreement by the parties. All funds for the specified Fiscal Year provided by HUD by formula reallocation are covered' by this Agreement upon execution of an amendment by HUD, without the Participating Jurisdiction's execution of the amendment or other consent. HUD's payment of funds under this Agreement is subject to the Participating Jurisdiction's/Entity's compliance with HUD's electronic funds transfer and information reporting procedures issued pursuant to 24 CFR 92.502. To the extent authorized by HUD regulations at 24 CFR Part 92, HUD may, by its execution of an amendment, de-obligate funds previously awarded to the Participating JurisdictionlEntity without the Participating Jurisdiction's/Entity's execution of the amendment or other consent. The Participating JurisdictionlEntity agrees that funds invested in affordable housing under 24 CFR Part 92 are repayable when the housing no longer qualifies as affordable housing. Repayment shall be made as specified in 24 CFR Part 92. The Participating Jurisdiction agrees to assume all of the responsibility for environmental review, decision making, and actions, as specified and required in regulation at 24 CFR 92.352 and 24 CFR Part 58. 13. For the U.S. Department of HUD (Name and Title of Authorized Official)' 14. John L. Perry, Director Georgia State Office of Communi tv Planning and Development 16. For the Participating Jurisdiction/Entity (Name and Title of Authorize,d Official) Bob Young, Mayor Cit of Au usta, Geor ia 19. Check one: Q Initial Agreement 15. Date I is'- ~ 2. 18. Date 3. /5/ :JOO;(, Page 1 of 3 form HUD-40093 (3/2001) ,.~ .. \ - ;4 ,~, ;,::-.. b. Community Housing Development Organization CH90) Competitive Reallocation. Enter the amount of funds previously obligated to. the. PJ/entity by competition for CHDOs. .If this is a funding approval form for reallocating or deobligating funds' , previously allocated by competition for CHDOs, enter the amount from line 10b.. of the previously submitted form HUD- 40093.for the FY identified under item 7. ' ' 9. Current Transaction. Enter the total amount of funds for this action. Indicate a deobligationeither by placing parentheses around the amount deobligated or a minus sign before the amount de-obligated. a. Formula Funds. Of the amount indicated under item 9, indicate the amount that is for formula funds. If this is a formula fund deobligation, show the distribution of that amount of funds under line 9a.1 CHDO funds and/or line 9a.2 non-CHDO funds. . 1. CHDO. Of the amount indicated under item 9a, indicate the amount that are CHDO funds. If none, enter "0.. Note: If this is a CHDO competitive reallocation, enter the amount in 9b. 2. Non.CHDO. Of the amount indicated under item 9a, indicate the amount that are Non-CHDO funds. If none, enter "0". b. CHDO Competitive Reallocation or Deobgilation. Of the amount indicated on line 9, indicate the amount that is reallocated or deobligated from funds previously reallocated by CHDO competition. . ,; Note: CHDO set-aside funds that are recaptured by HUD and are available for reallocation if, within 24 months after the last day of the month: in which HUD notifies the PJ of HUD's execution of the HoME InvestmentPartrierships (Congressional release date), at/east 15 percent of the PJ's allocation is not. reserved for CHDOs. 10; Revised Obligation. Enter the total amount of funds available to the jurisdiction (or entity) after this transaction (Item 8 plus/minus Item 9). . a. Formula Funds. Enter the total amount of formula funds available to the. participating jurisdiction after this transaction (item 8a plus/minus item 9a). b. CHDO Competitive Reallocation. Enter the total amount of funds' available to the PJlentity as a competitive reallocation for CHDOs after this transaction (item 8b plus/minus item 9b). 11. Special Conditions. If applicable, check the box and , attach any special conditions' that are part of the 'Agreement. 12. Date of Obligation. The date of obligation is the Congressional release date. The Congressional release date must be the date of the letter notifying the PJ (or entity) of the initial award of funds' for the FY identified under item 7. This field is not required if the Agreement is being amended for a deobligation because of a reduction by Hub (purpose #3). , 13. Name and Title of HUD Official. Enter the name and title of the HUD official who is authorized to sign the Agreement on behalf of HUD. This is usually the Field Office CPD Director. 14. Signature of HUD Official. The HUD official signs the Agreement here. 15. Date. Enter the date the HUD official signed the form. In the case of initial agreements, this date must be the same date as the date of obligation (item 12). 16. For the Participating Jurisdiction/Entity (Name and Title of Authorized Office). Enter the name and title of the official authorized to sign on behalf of the participating jurisdiction/entity. This is not required if the Agreement ;s being amended for a deobligation because of a reduction by HUD (purpose #3). 17. Signature of PJ/Entity Official.'The PJ/entity official signs the Agreement here. This is not required if the Agreement is being amended for a deobligation because of a reduction by HUD (purpose #3). 18. Date.. Enter the date the PJ/Entity official signs the Agreement. This is not required if the Agreement is being amended for a deobligation because of a reduction by HUD (purpose #3). If this is for an initial Agreement, the date must be prior to the date of obligation (item 12) and the date the HUD official signs the form (item 15). 19. Type of Agreement. Check either Initial Agreement (purpose #1 or #2) or Amendment # (purpose # 3, #4 or #5). If an amendment, indicate the amendment number. Page 3 of 3 form HUD-40093 (3/2001) \ 'J- " of ;~ ~"" ..... ~.c. EMERGENCY SHELTER GRANTS PROGRAM Grantee: Augusta, Georgia TIN: 58-6000513 Grant Number: S-02-MC-13-0004 Grant Amount: $99,000. This Grant Agreement is made by and between the United States Department ofHou~ing and Urban Development (HUD) and the City of Augusta, Georgia, the Grantee, for FY 2002 of the Emergency Shelter Grants Program in the amount of $99,000. This grant was authorized by Subtitle B of Title IV of the Stewart B. McKinney Homeless Assistance Act, 42 U.S.C. 11301 (1988), as amended (the "Act"). In addition, the grant operates through HUD's regulations at 24 CPR Part 576, as now in effect and as may be amended from time to time, which are incorporated as part of this Agreement. In reliance upon the Consolidated Plan and certifications, the Secretary agrees, upon execution of the Grant Agreement, to provide the Grantee with the agreed grant funds. The grantee must comply with requirements for recordkeeping and annual performance reporting to HUD within 90 days after the close of its consolidated program year, as required by 24 CPR 91.520. This includes the periodic information collected through HUD"'s Integrated Disbursements and Information System (IDIS): .The grantee's IDIS reporting must include information on grant activities, project sponsors, project sites, and beneficiaries (including racial and ethnic data on participants). This information will 'be used for program monitoring and evaluation purposes. The Grantee agrees to comply with all applicable laws and regulations in distributing funds provided under this Grant Agreement and to accept responsibility for ensuring compliance by subrecipient entities, which may receive funding assistance. The Grantee agrees to comply with the provisions of the environmental requirements of 24 CPR Part 58 as applicable under 24 CPR 576.57(e)" with respect to funds provided under this Grant Agreement. ..... 4 ." ," " 1"-" ~<ti The Grantee further agrees to provide sufficient detail on matching funds so as to identify the specific sources and amounts of the funds as required by 42 use 11375(a) (1). This Grant Agreement is' hereby executed by the Parties on the dates set forth below their respective sign~tureSt as follows: UNITED STATES OF AMERICA Secretary of Housing and Urban Development By: John L. Per ( Signature) Director Georgia State Office of Community Planning and" Development (Title) " 01 (-z.<" ,~utJ 1.,.- (Date _ GRANTEE Ci ty of AU~' G?)rgi.a .' J:?Z . i2V:/o iv.-/ ~ (Signature) Mbe9. Mayo r-- - .,. (Title) '1IJM/ #- S;:Mj~- (Date) - - ,,~ -; .-r- .~ I ORIGINAL CONTRACTBEnNEE~~UGUSTA,GEORG~ AND. TONYA, INCORPORATED FOR YEAR 2002 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM ~ . . I ., This AGREEMENT made and entered into on this 13th day of Mav ,2002 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 the "City"), and TONY A, Incorporated, (hereinafter referred to as "Consultant"). WITNESSETH THAT: In consideration' of the mutual agreements after this set forth, the parties hereto, legally intended to be bound hereby, do agree for themselves and their respective successors and assigns, as follows: ARTICLE I EMPLOYMENT OF CONSULTANT 1. The City agrees to engage the Consultant for the Compensation set forth in Article IV and the Consultant agrees to perform the services described in Article II, according to the terms set forth herein. 2. None of the work or services covered by this Contract will be subcontracted without the prior consent of the City. 3. The Consultant will hold the City harmless from any claims, demands, and actions based upon or arising out of any work' performed by Consultant or its employees under this contract. 4. The Consultant will comply with all applicable laws of the State of Georgia, the same as if specifically set forth herein; ARTICLE \I SCOPE OF SERVICES The scope of services to be performed under this Contract by the Consultant is described in Appendix A, 'Work Program," attached, made a part hereof, and incorporated herein by reference as though fully set forth herein. ARTICLE III , TIME OF PERFORMANCE The official beginning date will be upon execution of this Contract by the City and all of the services required hereunder will be completed by Seotember 16. 2002, or as the mutual agreement of all parties has extended. such time period. If there is a required "time-line" to be submitted that document will be included in Appendix C, "Time of Performance." Appendix C, "Time of Performance" will be made a part hereof, and will be incorporated herein by reference as though fully set forth herein. .. ." ARTICLE IV COMPENSATION The City will pay the Consultant according to the methods of payment and the amounts described in Appendix B, "Payment Schedule,>> for services set out in this Contract. Appendix B, "Payment Schedule" is made a part hereof, and is incorporated herein by reference as though fully set forth herein. ARTICLE V DATA TO BE FURNISHED TO CONSULTANT The City will furnish all available information, data, reports, records, and maps as are existing and necessary for the carrying out of the work to the Consultant without charge. The City will cooperate with the Consultant in the carrying out of the Scope of Services. ARTICLE VI PERSONNEL 1. The Consultant represents that he has or will secure at his own expense, all personnel required in performing the services under this Contract. Such personnel will not be employees of the City, although the City will assist the Consultant by providing data, documents, studies, and other information necessary to the completion of Consultant's duties under this Agreement. 2. The Consultant accepts full responsibility for payment of unemployment insurance, premiums for workers compensation, public employee's retirement system contribution, and social security, where applicable, and other necessary taxes, and all income tax deductions required by law for employees engaged in the work authorized by this Contract. ARTICLE VII TERMINATION OF CONTRACT FOR CAUSE If, through any cause, the Consultant fails to fulfill his obligations under this Contract, or if the Consultant violates any of the covenants, agreements, or stipulations of this Contract, the City will have the right to terminate this Contract by giving five days written notice to the Consultant of such termination. In such an event, all finished or unfinished documents, data, studies, surVeys, drawings, maps, models, photographs and reports prepared by the Consultant under this Contract will, at the option of the City, become its property and the Consultant will be entitled to receive just and equitable compensation for any satisfactory work completed on such documents. Likewise, if there is default by the City or due to circumstances beyond the control of the Consultant, the Consultant will have the right to terminate this Contract by giving five days written notice to the City of such termination. The Consultant will be entitled to receive just and equitable compensation for any satisfactory work completed. ARTICLE VIII TERMINATION FOR CONVENIENCE OF THE CITY The City may terminate this Contract anytime by giving thirty days written notice to the Consultant. In that event, all finished or unfinished documents and other materials as described in Article" above will, at the option' of the City, become their property. The Consultant will be paid an amount that bears the same ratio to the total services of the Consultant covered by this Contract, less payments of the compensation previously made. ARTICLE IX CHANGES Any of the parties may request changes in the Contract. Such changes, inCluding any increase in the amount of the Consultant's compensation will be incorporated in written amendments to this Contract when mutually agreed upon by the City and the Consultant. ARTICLE X PROVISION OF TRAINING, EMPLOYMENT, AND BUSINESS OPPORTUNITIES 1. If the work to be performed under this Contract is on a project assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u. Section 3 requires that to the greatest extent feasible, opportunities for training and employment be given lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns that are located in, or owned in substantial part by persons residing in the area of the project. 2. The parties to this Contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR Part 135, and all applicable rules and orders of the Department issued thereunder before the execution of this Contract. The parties to this Contract certify and agree that they are under no contractual or other disability that would prevent them from complying with these requirements. ARTICLE XI EQUAL EMpLOYMENT OPPORTUNITY In carrying out this Contract, the Consultant will not discriminate against any employee or applicant for employment because of rac~, color, religion, sex, or national origin. Such action will 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; selection for training, including apprenticeship; and participation in recreational and educational activities. The Consultant will post in conspicuous places, available to employees and applicants for employment, notices to be provided by the government setting forth the provisions of this nondiscrimination clause. The Consultant will state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, disability, or age. The Consultant will incorporate the provisions of this paragraph in all subcontracts for any work covered by this contract. ARTICLE XII CIVIL RIGHTS ACT The Consultant agrees to comply with applicable laws of Title VI of the Civil Rights Act of 1964 (Pub. L. 85-352), and the regulations' issued pursuant thereto (24 CFR Part 1), which provides that no person in the United States will on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subject to the discrimination under any program or activity for which federal assistance is provided and will immediately take any measures to achieve this assurance as a-pplicable. The Consultant recognizes that the United States has a right to seek judicial enforcement. ARTICLE XIII INTEREST OF CITY OFFICIALS AND OTHERS No officer, member, or employee of the City and no members of its governing body, and no other public official of the governing body of the locality or localities in which the City is situated or being carried out who excises any functions or responsibilities in the review or approval of the undertaking or carrying out of this Project will participate in any decision relating to this Contract that affects his/hers personal interest or the interest of any corporation, partnership, or association in which he or she is, directly or indirectly, interested or have any personal or pecuniary interest, direct or indirect, in this Contract or the proceeds of it. ARTICLE XIV ASSIGNABILITY The Consultant will not assign any interest in the Contract, and will not transfer any interest in the same (whether by assignment or novation), without the prior written consent of the City; provided, however, that claims for money due or to become due the Consultant from the City under this Contract may be assigned without. such approval. Notice of any such assignment or . transfer will be furnished promptly to the City. ARTICLE XV INTEREST OF CONSULTANT The Consultant covenants that he presently has no interest and will not acquire any interest, direct or indirect, which would, conflict in any manner or degree with the performance ~f this Contract no person having any such interest will be employed. ARTICLE XVI FINDINGS CONFIDENTIAL No reports, information, data, etc., given to or prepared or assembled by the Consultant under this Contract will be made available to any individual or organization by the Consultant without prior approval of the City except the communication of necessary information between responsible parties who are involved with the Scope of Services, and the provision of information to the public that is normally and reasonably a part of the citizen participation responsibility under the federal grant program. ARTICLE XVII OFFICIALS NOT TO BENEFIT No members of, or delegate to, the Congress of the United States of America, arid no resident U.S. Commissioner, will be admitted to any share or p.art hereof or to any benefit to arise here from. ARTICLE XVIII COPYRIGHT No material produced in whole or in part under this Contract will be subject to copyright in the United States or any other country. The City will have unrestricted authority to publish, disclose, distribute and otherwise use, in whole or in part any reports, data or other materials prepared under this Contract. ARTICLE XIX ACCESS TO BOOKS The City, the U.S. Department of Housing and Urban Development, the Comptroller General of the United States, or any of their duly authorized representatives, will have access to any books, documents, papers and records of the Consultant that are directly pertinent to a specific grant program for making audit, examination, excerpts, and transcriptions. ARTICLE XX LOBBYING The Consultant certifies, to the best of his or her knowledge and belief, that: (A) No Federal appropriated funds have been paid or will be paid. by or on behalf of the Consultant, 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; \ (B) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with 'this Federal contract, grant, loan or cooperative agreement, the Consultant will complete and submit Standard Form LLL, "Disclosure Form to Report Lobbying," according to its instructions; and (C) The Consultant will require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontractors, subgrants, and contracts under grants, loans, and cooperative agreements) and all su.bcontractors will certify and reveal accordingly. " IN WITNESS WHEREOF, the parties have set their hands arid seals as of the date first written above. ATTEST: ATTEST: SEAL Address of Consultant: TONY A Inc. 1000 Vermont Avenue, N.W.. Ste. 500 Washinaton, D.C. 20005 5~- \ \ ~i?1 Q01 Consultant's Federal Tax 10 (TIN) Number APPENDIX A WORK PROGRAM The Consultant will conduct the following activities: 1. Conduct a Fair Housing Program and those activities as outlined in Attachment A and attachments to A (if applicable attachments are included). Following approval by the City of Augusta, the -final version of the Analysis of Impediments for Augusta, Georgia will be delivered to the appropriate officials and published according to the following established format: ~ Introduction and Executive Summary of the Analysis · Who Conducted · Participants , · Methodology Used · How Funded · Conclusions impediments Found Actions to Address Impediments ~ Jurisdictional Background Data · Demographic Data · Income Data · Employment Data · Housing Profile · Maps . Other Relevant Data ~ Evaluation of Jurisdiction's Current Fair Housing Status . . Fair Housing Complaints or Compliance Reviews where the Secretary has issued a charge or made a finding of discrimination . Fair housing discrimination suit filed by DOJ or private plaintiffs . Reasons for any trends or patterns - . Discussion of other fair housing concerns or problems ~ Identification of Impediments to Fair Housing Choice · Public Sector Zoning and Site Selection .. Neighborhood Revitalization,' Municipal and Other Services, Employment-Housing- Transportation Linkage PHA and Other Assistedllnsured Housing Provider Tenant Selection Procedures; Housing Choices for Certificate and Voucher Holders Sale of Subsidized Housing and Possible Displacement Property Tax Policies Planning and Zoning Boards · Private Sector Lending Policies and Practices Advertising ii Homeowner's Insurance . Public and Private Sector Fair Housing Enforcement Informational Programs . Where there is a finding of discrimination by a court or HUD, an analysis of remedial actions that could be taken by the grantee, including those involving expenditure of funds. );> Assessment of Current Public al.ld Private Fair Housing Programs and Activities in the Jurisdiction );> Conclusions and Recommendations );> Signature Page 2_4 Summary iii APPENDIX B PAYMENT SCHEDULE The City will pay the Consultant the sum amount of $37.993.00 for the services provided as agreed upon in Appendix A of this Contract. Upon submission of an invoice outlining action taken regarding the Contracted service. The City will pay the Consultant on a timely basis. At the minimum billings will be presented to the City monthly. The City will pay all reimbursement requests no laterthan forty-five days from the date of the invoice. The cost of this Contract will not exceed $37.993.00 without written permission of the City. APPENDIX C ID Task Name 1 2 3 4 5 6 7 Initial mtglfinalize procedures Set-up Interdept. AI Committee Data-gathering: CDBG-funded activitY Data-gathering: HOME funded activity Data-gathering: ESG/HOPWA activity Data-gathering: PHA operations , Data-gathering: Jurisdiction legal status Data-gathering: HMDA Study Data-gathering: MortClaCle Lendino Data-gathering: AcIvertisina Practices Data-gathering: Homeowner Insurance Data-gathering: Real Estate Sales Data-gathering: Assisted Housina Data-gathering: Private Rental Market Data-gathering: Emplovmentltransport Data-gathering: ZoninOtBldCl. Codes Data-gathering:House Market Analvsis Data-gathering: Fair HousinCl PrOQrams Data-gathering Demographic Profiles Data-gathering: Accessibilitv Private sector Focus Group Pubic sector Focus Group Nonprofit sector Focus Group Resident Focus Group Submit First Draft Public Hearing on Impediments Submit Final Analysis of Impediments Form Action Plan Committee Develop Action Plan Submit A I Action Plan 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Duration 5 days 5 days 15 days 15 days 15 days 20 days 15 days 20 days 25 days 25 days 15 days 25 days 25 days 25 days 25 days 15 days 15 days 15 days 20 days 15 days 5 days 5 days 5 days 5 days 5 days 5 days 5 days 5 days 5 days 5 days TIME OF PERFORMANCE WI< 1 i;l! ~ ~ ~ filli '~,.. ~J' ....... [;jJ !lAJ m'1l f,:;j ~~ iSa ~ \~iI ~' ;I !<'il i:lli i l~ illl ~ ~ ~ [iti ~ ~"" ,... l' tM ~~ gg WI< 2 I ~']j ~, -t~"" Mr, t: i'i'l ." ~., WI< WI< 3 4 ;i iFit ~ I ~ '1iI t'ta ,ill !!!l !l 1;tl ~ ~ 'I' F' i:~ ~ t~ ~ '"'I ~)l f:>>J lfd' i!.<i.' - ~~ [:(4 ~ I ;~ k~l ~ ~ ~1;1 i~'. t:1U ~ ,1I1 il'~" \ilil l:.:l ~ ~ ,,~l .,'iil." !~ !~ I ~ iM ~lil 8II!l fllIl ~ 11 ~ ~ ~ t~ a~ ~ '~ ~-" ,', ~i Kill l:.;'j I~ tiI r{~i 0m WI< 5 ~ ~ ~ b i,:~,' @y ~' u_ .. ~ '.\il ~~ ~'~' I,. " WI< 6 WI< 7 k1:' [> " WI< 8 ~ WI< g' Hll (jj WI< 10 \ii'il ~ '.~' ;m IV WI< 11 WI< 12 ~ v ATTACHMENT A , SCOPE OF SERVICES TONYA, Inc. will be responsible for carrying out the activities listed below, for producing any required progress reports, and for conferring with the Housing and Neighborhood Development Department on a regular basis. I. Identification ot Fair Housing c~n~~_rn~~~oblems A. Information on relevant public policies/practices regarding zoning and building codes and the impact, if any, on the achievement of fair housing choice. B. Information on institutional practices in the real estate community as they relate to buying, selling and house rentals that may affect the achievement of fair housing choice within a jurisdiction, Le., housing loan/rental application procedure, forms used, residential residency requirements, approval procedure for loans and insurance, types of advertising used by the real estate and lending industry, types of real estate multiple listing services, factors used in home appraisals, and locations of mortgage loan approvals by race, ethnicity, gender, etc. C. Information on the nature and extend of fair housing complaints, violation or suits against the jurisdiction. D. Information on the degree of segregation, incidents of racial violence. Also, information on any CDBG contract conditions placed by HUD on the jurisdiction or any failure of the jurisdiction to comply with its fair housing certification. E. Data available from newspapers, other print media, law journals, fair housing groups, housing counseling agencies, local HUD office, etc. II. Demographic data and income characteristics A. Actual number and percentage of persons in the grantee's jurisdiction by race, color, sex, national, origin, age, handicap, and familial status. Income characteristics, Le., median income of households, by race, color, sex, national origin, age, handicap and familiar status. B. Data available from 2000 Census, community surveys, Augusta Housing Authority Comprehensive Housing Plan, Comprehensive Homeless Continuum of Care (CoC) Plan and the_ Consolidated Plan. , Ill. Employment and Transportation- Profile A. Listing of employers, by type, and number of people employed within the jurisdiction, by salary bands . and racial groups, ethnicity, gender, etc. Identification of growth'trends, if any. B. Listing of major forms of transportation. Identification of access to adjacent job centers. Vl C. Data available from 2000 Census, location planning and transportation offices, major employers, and private surveys, if any. IV. Housing Profile A. Total number of housing units, including identification of vacancy rate in the grantee's jurisdiction noting type (multifamily/single family), cost, condition of housing, level of acc~_ssibility and whether occupied or vacan.t. Data available from 2000 Census, local planning office, local housing agency and private surveys, if any. . B. v. Maps A. B. C. D. E. F. G. H. Location of housing for persons with disabilities (i.e., group homes, independent living complexes, etc.) Racial housing patterns Housing costs and vacancy rates Location of proposed housing, including price range, subsidized of private Location of Industrial and Commercial Development and areas expecting to undergo revitalization Location of major employers and mass transportation routes Areas of minority displacement Central Business District IV. Identification of impediments to fair housing choice (for each of the areas identified in 24 CFR 904c review criterion) A. The Sale or Rental of Housing 1 . Real estate practices such as steering or blockbusting 2. Deed restrictions, trust .of lease provisions 3. Conversion of apartment to all-adult 4. Property management firm's "occupancy quotas" B. Provision of Housina Brokeraae Services 1. Exclusion of mino~ity brokers from participating in multiple listing service and real estate brokers' association 2. Restricted use of privileges, services or facilities by all brokers 3. Assignment of brokers and areas by racial/ethnic composition of census tracts - VB C. Provision of Financina Assistance of Dwellinas 1. Discriminatory lending patt.erns, practices and disclosures 2. Discriminatory Appraisal and Underwriting Practices 3. Disinvestment.andRedlining Practices 4. Racial Credit Steering D. Public Policies and Action Affectina the Approval of Sites and Other Buildina ReQuirements Used in the Approval Process for the Construction of Publiclv Assisted Housina . 1. Equalization of Municipal Services 2. Local Zoning Laws and Policies 3. . Land use policies, exclusionary zoning and displacement 4. Sites for subsidized housing by census tracts 5. Make-up of planning and zoning boards E. The Administrative Policies Concernina Community Development Housina Activities, such as Urban HomesteadinQ. Multifamilv Rehabilitation, and Activities CausinQ Displacement. which affect Opportunities of Minority Households to select housina inside or outside areas of Minority Concentration 1. Displacement 2. Revitalization of neighborhoods 3. HOME Investment Trust Funds 4. Revolving loan funds for property repairs 5. Property tax increases ' 6. Demolition of subsidized housing F. Where there is a determination of unlawful seareaation of other housina discrimination bv, a . court ora findina or noncompliance bv HUD reaardina assisted housina within a recipient's iurisdiction. an analvsis of the actions which could be taken bv the recipient to remedy the discriminatory condition. includina action involvina the expenditure of funds made available under this part. Development and implementation of a fair housing information program for municipal officials and employees having duties related to fair housing, zoning, planning, assisted housing and community and economic development. VII. Identification and description of existing programs, services, and activities that assist in the provision of fair housing. A. Church, civic and community groups as well as local government B. Fair housing groups, housing groups, commissions representing persons with disabilities and civil rights organizations C. Community Housing'R.esc;>urce Boards VIII. Identification of data sources In developing the analysis, the jurisdiction should include those groups which represent special interests, such as handicapped or disabled commissions, civil rights Vlll commiSSions, and low-moderate income representative groups, and those which are active in the housing arena such as fair housing organizations, tenants' rights needs of all citizens are addressed in the analysis. This is espe.cially important; since the Fair Housing Act now includes two new. protected classes, families with children and handicapped. IX_ Development of an Action Plan .u_ __.._"_ _ _ _ _ __.._._ _ _.__."__ In those instances where the analysis identified specific impediments, the jurisdiction should develop an Action Plan with: A. Short Term and Long Term Goals; B. A financial plan for accomplishment; C. A mechanism for updates; D. Insurance that the Action Plan will be implemented regardless of any changes in the locality's administration; and E. Commitment from local officials for carrying out the Action Plan. - CC(Q)[P1{ -:- CONTRACT BeTWEEN AUGUSTA, GEORGIA AND NEIGHBORHOOD IMPROVEMENT PROJECT, INC. FOR 2003 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM RECAPTURED URBAN DEVELOPMENT ACTION GRANT FUNDS THIS AGREEMENT, made and ente-redinto on this ~ day of January 2003, by and between AUGUSTA, GEORGIA, through the Augusta-Richmond County Commission, as the Implementor of the Community Development Block Grant (CDBG) Program (hereinafter referred to as "Grantee"), and NEIGHBORHOOD IMPROVEMENT PROJECT, INC., (hereinafter referred to as the "Subrecipient"). . . , , WHEREAS, the Grantee is the recipient of Urban Development Action Grant (UDAG) funds under the Community Development Block Grant (CDBG) Program from the United States Department of Housing and Urban Development (HUD) under Title I, Housing and Community Development Act of 1974, as amended (42 U.S.C. 5301) (theAct), and WHEREAS, pursuant to the Act, UDAG funds have been administered and distributed by Grantee and repaid to Grantee such that the repaid monies constitute Recaptured UDAG funds converted into "Miscellaneous Revenues", and WHEREAS, chapter two, (2) of. the U.S. Department of Housing and Neighborhood Development Handbook 6511.02 REV-1, entitled "Urban Development Action Grant Closeout Procedures" directs that such "Miscellaneous Revenues" be dispersed according to Part 570 Subpart C of the CDBG regulations and Part 570 Subpart G of the UDAG regulations, and WHEREAS, those "Miscellaneous Revenues" designated by this agreement in Appendix C are to be used, as described in Appendix B, for public service activities described under Part 570.201 (e) of the CDBG regul~tions and are thus included,as eligible activities under the Act, 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 and Family Enrichment Program" The purpose of the program is tp provide tutoring to at risk youths. 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, 2003 and 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 31,2003 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 i'n 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 bydeliveiy of a Notice of Terminatio'n 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 thisAgreement which 2 ., 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 tneligible activities, services, or items; (4) Implements the project prior to notification from the Grantee that the federal environmental review process has been completed; .(5) Violates Labor, Standards requirements; or (6) Fails to comply with written notice from the Grantee of substandard . performance under the terms of this Agreement. 3. KEY PERSONNEL a. Subrecipient shall assign to this Contract the following key personnel: (1) Melinder S. Rider, Executive Director. (2) Richard J. Taylor, Program Coordinator b. During the period of performance, Subrecipient'shall make no substitutes of key personnel uriless 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 s'ubstitutes, and any additional information requested by the Gran'tee's Director of HND. Proposed substitutes should have comparable 'qualifications to those. of the persons being replaced. The Grantee's Director 'of HND will notifythe'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 c~anges of key personnel. 4. PERFORMANCE MONITORING The Grantee will monitor' the performance of the Subrecipient against goals and performance standards required herein. Substandard performar')ce 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 qe initiated. 5.' INSPECTION AND ACCEPTANCE All tasks and reports shall be .conducted and completed in ac~ordance 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, 3 reports, etc., Subrecipient shall be notified in writing and shall have ter] (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 theSubrecipient may be held in default. ' 6. SEVERABILITY . If any term or condition of this Agreement is found by a court of competentjurisdiction 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 bepaid.8 total consideration of$25,OOO.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 reimburseme"nt 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 theSubrecipient 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 1'5 day of each calendar month for work performed during the preceding calendar month. TheSubrecipient shall not claim reimbursement from the Grantee for that portion of itsobligations which has been pai~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 C.ommunity Development Act of 1974 (as amended), 24 CFR Part 570 and other regulations governing the Community Development Block Grant Program, and any amendments orpalicy 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 4 ~ 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 1 973 (2~ USC 794) (and the implementing regulations at 24 CFR 8), the Americans with Disabilities Act of 1990, the Age DiscriminationAct of 1975 (42 USC 6101) (and the implementing regulations at 24 CFR 146),.the prohibition against using d~barred contractors at 24 CFR.570.609, and Executive Orders 11063, 11246, 11375, 12086, and 12259. Further, any funded activity must be designed o'r 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. Subrecipient agrees to comply with the uniform administrative requirements specified at 24 CFR ~70.502 and 24 CFR 570.610, including: If the Subrecipient is a government agency, OMS Circular A-87, "Principles for Determining Costs Applicable to Grants and Contracts with State, Local and Federally-Recognized Indian Tribal Governments;" OMS Circular A-128, "Audits of State and Local Governments" (implementeq, at 24 CFR 44); and the sections of 24 CFR 85, "Uniform Administrative Requirements for Grants and "Cooperative Agreements to State and Local Governments," specified at 24 CFR 570.502(a). If the Subrecipientis not a government agency, OMS Circular A-122, "Cost Principles for N~n-Profit Organizations,".or OMS Circular A-21 , "Cost Principles for Educational Institutions," as applicable; and OMS A-11 0, as specified at 24 CFR 570.502(b). . Subrecipient is prohibited from using funds provided herein for political activities, sectarian or religious activities, or lot;>byingactivities. . . . 9. PROGRAM INCOME Program Income (defined at 24.CFR 570.500 and 570.504) derived from the project shall revert to the Grantee for use in the Community Development Slock Grant Program. Program income is anticipated to be approximately $0. 10. REVERSION OF ASSETS Upon termination of this contract, theSubrecipient shall transfer to the Grantee any COSG allocated funds on hand at the time of expiration and any accounts receivable attributable to the use of CDSG funds. 11. INDIRECT COSTS . ' , Indirect costs will only be paid ifSubrecipient has an indirect cost allocation plan approved by the Department of Housing and Urban Development prior to the execution of this Contract. 5 12. TRAVEL If applicable, Subrecipient shall obtaiflprior 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 agreestoindemnify 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'sfailure 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,shalloperate to release theSubrecipient 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, orcopies 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 G~orgiaOpen 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 6 ,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 sh.all 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 notassignable 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 Agreemerit 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 quarterly progress 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, 2004.. c. RECORDS TO B!= 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: (1) Records providing a full description of each activity undertaken; (2) Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG Program; (3) Records required to determine the eligibility of activities; 7 (4) Financial records as required by 24 CFR Part 570.502, and OMS Circular A-133; and . (5) 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 Subre.cipient agrees to provide an annual financial report 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 CFR 91.520, in which the specific activity is reported on fo'r 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 me.mbers, officers, and employees from using positions for a purpose that is or gives th,e appearance of being motivated by a desire for private gain for themselves or ,others, particularly those with whom they have family, 8 business, or other ties. Further,' no member, officer, oremployee of Subrecipient who exercises ,?ny functions or responsibility with respect to the program during his or her tenure or for one year thereafter, shall have any financial inferest, 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 conriection'with the program assisted under this Agreement. i. AUTHORIZATION TO EXECUTE AGREEMENT The undersigned person'signing as an officer on behalf of the Subrf3cipient, a party to this Agreement, hereby severally warrants and represents that said person has authority to enter into this Agreement on behalf of saidSubrecipient and to bind the same to this Agreement;'~lnd further that saidSubrecipient has authority to enter into this Agreement and that there are no restrictions or prohibitions contained in any article of incorpo~ation or bY,law against entering into this Agreement. j. SECTION 504 The Subrecipient hereby c:ertifies 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), !)1e Americans with Disabilities Act of 1990 (PL 101-336), and all state and local laws requiring physical and pro~ram 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 tilJ1es an independent contractor and shall b~' wholly res,ponsible 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 When procuring property; goods and services under $100,000, the Subrecipient shall follow Augusta-Richmond County's procurement procedures which reflects applicable state and local laws and regulations. For purchases of $100,000 or more federal laws, regulations and standards apply. 9 m. EQUIPMENT AND PERSONAL PROPERTY (1) Use.' Equipment and personal property shall be used by the Subrecipient in the program or project for which it was acquired as long 'as need, whether or not the project or program continues to be ,supported by Federal funds. (2) . Disposition. When no longer needed for the original program project, disposition of any equipment or personal property of any kind shall be determined and approved by the Grantee consistent with provisions of 24 CFR 570.202 and Circular A-110, except (a) In all cases in which personal property is sold, the proceeds shall be program income, and (b) Personal property not needed by the Subrecipient for CDBG activities shall be transferred to the Grantee for the Community Development program or shall be retained after submitting compensation to the Grantee for the Community Development program, and . (c) Compensation for items of equipment or personal property retained or sold shall be an amount calculated by multiplying the current market value or proceeds from sale by the percentage of CDBG funds provided on the original costs of equipment or personal property. (3) Managemerit and Requirements. Procedures for managing equipment (including replacement equipment) and personal property, whether acquired in whole or in part with grant funds, until disposition takes place shall, as a minimum, meet the following requirements: (a). ,. Written notification must be given to the Housing and Neighborhood Development (HND) Department within seven (7) calendar days after' delivery to the Subrecipient of equipment or personal property in order for HND to effect identification and recording for inventory purposes. Property records must be maintained that include a description of the property, a' serial number or other identification number, the source of property, who holds title, the acquisition date and . cost of the property, percentage of CDBG funds in the cost of the property, the location, use and condition of the property, and any ultimate disposition data including the date of disposal and sale price of the property. (b) A physical inventory of the property must be taken and the 10 results reconciled with the property records at least once a year. (c) A control system must be developed to ensure adequate safeguards to prevent loss, damage or theft of the property. Any.loss, damage or theft shall be investigated by the Subrecipient and reported to the Grantee. - (d) -. Adequate maintenance procedures must be, developed to keep the property in good condition. (e) If the Subrecipient is authorized or required to sell the property, proper sales procedures must be established to ensure the highest possible return. n. OWNERSHIP AND USE OF REAL PROPERTY (1) Use and Disposition. In accordance with 2~ GFR 570.503(a)(8), any real property under the Subrecipient's control that was acquired or improved in whole or in part with CDBG funds shall mee-t the following .requirements: (a) Used' to meet one of the national objectives in 24 CFR 570.208 in perpetuity. The Grantee or its designee may, at its discretion, amend the term, but it shall never be less than five years for any real property acquired or improved in whole or in part using CDBG funds in,excess of $25,000; or (b) Disposed of in a manner that res'ults' in the Grantee being reimbursed in the amount of the current fair market value of the property less any portion of the value 'attributable to expenditures of non-CDBG funds for ,acquisition, or - improvement of the property. (2) Change in Use. In the case of acquisition, or improvement of real property, prior to any change in use of the real property or planned use of ariysuch property (including beneficiaries of such use) from its original approved purposed, the Subrecipient shall notify the Grantee in writing for the Grantee's written prior approval to the change of. use. The calculation of any funds and/or monies which may be due hereunder as a result of any change in use shall be made at the sole discretion of the Grantee or its designee and this provision shall apply to the property in perpetuity .unless the term is amended in writing by the Grantee. (3) Program Benefit. The Subrecipient agrees that the funds, plus any monies contemplated by 24 CFR 570.503(a)(8) shall be returned to the Grantee,if" in t~e determination of the Grantee, the program 11 Qenefit requirements for use of real property, are not met by the Subrecipient at any time. The calculatiqnof any funds and/ormonies which may be due hereunder shall be determined solely by the Grantee. ' (4) Grant of Lien. Prior to disbursement of any amount of funds to the Subrecipient for the acquisition, improvement, or disposition of any real property to be used for any use or purpose by the Subrecipient the Grantee and the Subrecipient shall execute a promiss()ry note and deed to secure debt which shall contain such terms and conditions as the Grantee in its sole discretion shall require. 20. OTHER PROVISIONS a. Equal Employment Opportunity The following' provisions (1) and (2) are applicable to ail 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, C910r, creed, religion, sex, age, handicap,.disability, sex'ual 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. (2) The Subrecipient will, in. all solicitations or advertisements for employees placed by or on behalf of theSubrecipient, 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 work~rs with which it has a collective bargainin.g agreement or other contract or understanding, a notice to ~e pr6vi~ed advising the said 12 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 of the rules,regulations, and relevant orders of the Secretary of Labor. (5) The Subrecipient will furnish all information and reports required by Executive Orders" 11246 of September 24, 1965, as amended, and by rulEls, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to its books, records, and accounts byHUD and the Secrefary 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, terminafed, or suspended in whole or in part and the Subrecipient may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, as amended, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, as amended, or as otherwise provided by law. (7) The SubreCipient will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor, issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, as amended, so that such provisions will be binding upon each subcontractor or vendor. The Subrecipient will take such action with respect'to any subcontract or purchase order as HUD may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event a Subrecipient becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by HUD, the Subrecipient'may request the United States to enter into such litigation to protect the interests of the United States. , . 13 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 pursuc;lnt 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: (1) Deny any facilities, services, financial aid, or other benefits provided under the program or activity. (2) 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. (3) Subject to segregated or separate treatmert in any faGility, or in aC')y other matter or process related to receipt of any service or benefit under the program or activity. (4) Restrict in anyway 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. (5) 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 individ.ual must meet in order to be provided any facilities, services, or other benefit provided under the program or activity. (6) . Deny any person with the legal right to work an opportunity to particip~te 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. . 14 The Subrecipient will use its best efforts to afford minority and women-owned business enterprises the maxim'um 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 le~st 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 tr~ining 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 employme'nt 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 aSubrecipient 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 TheSubrecipient will comply with Title VI of the Civil Rights Act of 1964 (Pl88-352, 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 statu's, in the sale, lease, or rental, or in the use or occupancy of such land or anyimprovemeritserected or to be erected thereon. The Subrecipient will comp'lywith 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 affirmativelyJurther Fair Housing. 15 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, orrepair of any building or work financed in whole or in part with assistance provided under this Agreement are subject to the federal labor stahdards provisions which govern the payment of wages and the ratio of apprentices and trainees tojourneyworkers. 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 Agreem~nt is subject to the requirements oUhe 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 theSubrecipient for the rehabilitation of residential structures with assistance provided under'this Agreement shall be made subject to the provisions for 16 the elimination of lead-based paint hazards under 24 CFR Part 35. TheSubrecipient, at its sole cost, will comply with the requirements of 24 CFR 570.608 fornotification, inspection, testing, and abatement procedures tonc~rning lead-based paint. Such regulations require that all owners, prospective owners, and tenants of properties constructed prior to 1978be properly notified that such properties may contain lead-based I"aint. 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 r.esulting 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 Jacks 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 DispiacE1ment 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 Graritee'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, andthe implementing regulations at 49 CFR 24 and 24 CFR 570.606. Unless specifically 'permitted in Appendix B or Appendix C, Subrecipient wil.1 not 'cause either temporary~r permanent involuntary displacement of, persons or businesses. If Subrecipient cause~ 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 Activiti~s," and Subrecipient shall provide all notices, advisory assistance, relocation benefits, and replacement dwelling units,as required by the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, Section 1 04( d) of the Act,' anq 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. 17 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 officerbr employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any, Fede~al 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 accorcjance with its instructions;. and It will require that the language of this paragraph M be included in the award documents for all subawards at al.l 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 re-presentation 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 no.t more than $100,000 for each such failure. n. Provisions Required by Law Deemed Inserted Each and every provision of law ar;1d 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 co~rectly inserted, then upon the application 'of either party the contract shall forthwith be physically am~nded to make such insertion or correction. o. HISTORIC PRESERVATION If applicable, the Subrecipientagrees to comply with the Historic Preservation requirements set forth in the National Historic Prese-rvation 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 His~oric properties, insofar as they apply to'the performance of this contract. 18 ~ 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 Georgi(3. . 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. IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first w(itten above. ATTEST: AUGUSTA, GEORGIA (Grantee) SEAL \ r~I,,,J ;-,r Jffi~... , '. L a J. Bonner '. Clerk of Commission ATTEST: NEIGHBORHOOD IMPROVEMENT PROJECT, INC. (Subrecipient) SEAL By: /. Janice Bailey As its CorporateSecr- (Plain Witness) 19 APPENDIX A Project Area The office facility is located at 2467 Golden Camp Road, Augusta, Georgia. Tutoring .services will be provided at Belle Terrace Presbyterian Church, Bernie Ward Community Center,Broadway Baptist Church, Hillrrest Baptist Church and Spirit Creek Baptist Church. APPENDIX 8 Goals, Objectives, and Tasks The mission of the Neighborhood Improvement Project is to improve the physical, mental, . social, educational, spiritual, environmental and economic health of the people living in the 30906 Zip Code area; , The objectives of the proposed project are as follows: 1. To provide individualized tutoring to at-risk elementary and middle school students residing in the 30906 Zip Code area in locations close .to their home or school. 2. To develop individualized educational plans for student participants through consultation with the classroom teacher, input from the parents;. and advice from the professional educator'staff. 3. To provide a vehicle for positive parental/family involvement in the student's academic progress. Goals: 1. To increase the academic performance of the high-risk students living in the 30906 Zip Code area in ord~r to achieve 95% passing performance by all participating student~. . 2. To reduce by 25% the high school failure and drop out rates at high schools located in the 30906 Zip Code area. 3. To provide at-risk youth and their families with an empowerment opportunity by helping them achieve success at school. The Subrecipient will administer th~ Student and Family Enrichment Program (SAFE), an after.;.school tutoring program for elementary and'middle schools students at risk for school failure. Tutoring classes will be offered at five (5) sites located around the community to promote community involvement and support. Classes will be held two hours per day, three days per week. Tutors to consist otschool teachers, teaching assistants, honor students in high schools and college students., Subrecipient shall maintain and carry out the curriculum for said tutoring to include evaluation of student's progress, time and attendance records and names6f all participating students. Files shall be maintained for each person assisted. Each file shall contain, but is not limited to income data and verification, record and description of services provided ,and fees charged, if any. It is estimated that tutoring services will be provided to 350 low and moderate income students during the 2003 program year. Community Development Block Gra"nt funds will be used for salary and program expenses. 20 APPENDIX C Budget Salary (Tutors) Program Supplies (nutritional & educational) TOTAL . APPENDIX D Reporting Requirements $22,763.04 $ 2,236.96 $25,000.00 The Subrecipient shall submit to ~he Grantee the following reports for the term of this agreement. 1. Quarterly Pr()gressReports to includes names of students and class dates. Due April 15,2003, July 15, 2003, October 15,2003 and January 15, .2004. 2. Annual Report' 3. Audit Report (Due 30 days after completion of audit). ATTACHMENT #1 Regulations, Circulars & Local Procurement Policy 1. Community Developl)1ent Block Grant Entitlement Program 24 CFR 570 2. OMS Circular A-122 . "Cost Principles for Non-Profit Organizations" 3. OMB Circular A-l10 . . "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 procure:ment Policy ATTACHMENT #2 Forms 1. 2. 3. 4. 5. 6. Reimbursement Request Quarterly Progress Report Annual Report Time Sheet Bid Form Income Verification 21 . ~1-' ~ .( I (C(Q)f'1f' CONTRACT BETWEEN AUGUSTA, GEOR(?IA AND CSRA ECONOMIC OPPORTUNITY AUTHORITY, INC. FOR . YEAR 2003 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM THIS AGREEMENT, made and entered into on this ..liL,day of Januarv , 2003, 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 ECONOMIC OPPORTUNTIY AUTHORITY, 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: Youth Leadership Developm~nt and ~ittle Steps-Homeless Children's Programs The purpose of the programs is to provide tutoring to youths and character building training to homeless children whose families are participants in the Transitional Housing Program. The Subrecipient shall do, perform, and carry out, in a satisfactory manner, as determined by the Grantee, the goals, objectives, and tasks setf9rth in Appendix B, and incorporated herein by reference. ' 2. TERM; TERMINATION , a. The services of the Subrecipient are to commence onJ~:lnuarv 1, 2003 and 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, 2003, 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 projecUs 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 t6 comply with any provision of this Agreement which may result in suspension or t~rmination 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. :2 .~ ~ 3. KEY PERSONNEL a. Subrecipient shall assign to this Contract the following key personnel: (1) Gloria B. Lewis, Executive Director b. During the period of performance, Subrecipient shall make no substitutes of key personnel unless the substitution is necessitated by illness, death, or termination of employment. Subrecipient shall notify the Grantee Director 9f 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 30days 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 Grahteein 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 competen~ jurisdiction to be void Or invalid,' such invalidity shall not affectthe 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 $8.635.00 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 3 ~ ,~ .. 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 Qeen 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. . , lh 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 obligationswhich has been paid by another source of revenue. The Subrecipient shall. notify the Grantee in writing of all auth'orize,d personnel who shall be empowered to file requests for payment pursuant to this Agreement . 8. USE OF FUNDS Use of funds received pursuant tothis 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 Slock Grant Program, ~nd 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 i?grees 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 '(29USC 794) (and the implementing regulations at24 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 designedorso 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. Subrecipient agrees to comply with the uniform administrative requirements specified at 24 CFR 570.502 and 24 CFR 570.610, including: If the Subrecipient is a government agenqy, OMS Circular A-87, "Principles for Determining Costs Applicable to Grants and Contracts with State, Local and Federally-Recognized Indian Tribal Governments;" OMS Circular A-128, "Audits of State and Local Governments" (implemented at 24 CFR 44); and the sections of 24 CFR 85, '''Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments," specified at 2,4 CFR 570.502(a). If the 4 =::;- Subrecipient is not a government agency, OM B Circular A-122, "Cost Principles for Non-Profit Organizations," or OMB Circular A-21 , "Cost Principles for Educational Institutions," as applicable; and OMB A-110, as specified at 24 CFR 570.502(b). 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 shall revert to the Grantee for use in the Community Development Block Grant Program. Program income is anticipated to be approximately $0. , ' 10. REVERSION OF ASSETS Upon termination of this contract, the Subrecipient shall transfer to the Grantee any CDBG allocated funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. 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 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-performaf)ce of itsobligationshereunder. No payment, however, final or o.therwise, shall operate to release the SubreCipient from any obligations under this Contract. 1'4. INSURANCE & BONDING Subrecipient shall carry sufficient insurance coverage to protect contract assets from loss due to theft, fraud and/or undue physical damag'e, and as a minimum shall purchase a blanket fidelity bond co'vering 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 busi~ess in the State of Georgia and 5 ) ;~ 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 insurcuice 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. Orantee 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 Geo'rgia Open Meetings Law if it receives, more than 33 1/3% of its , fundsJrom 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 baard meeting schedule and of any special called meetings except emergency meetings; it will past notices af its meetings in a public place at the meeting ,sites and it will keep a written agenda, minutes, attendance, ~nd vating recard far each meeting and make the same available far inspectians by the press, the public and the Grantee. The press, public and the Grantee shall not be denied admittance to. the Subrecipient's baard meetings. Subrecipient shall provide to. the Grantee a tentative annual schedule of the Board af Directars' meetings. Publications and minutes af each meeting shall be submitted to. Grantee within 30 days after each meeting. ' 17. ASSIGNMENT Withaut the priar written cansent af the Grantee, this Agreement is nat assignable by the Subrecipient, either in whale ar in part. 18. ENTIRE CONTRACT; ALTERATION This Agreement is the entire agreement between the' parties hereto. No alteratian or variation in the terms of this Agreement shall be valid unless made, in writing and signed by the parties hereto.. Only qne 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 quarterly pragress reports and any ather reports that may be specified in Appendix D. 6 ~~ 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 o~her 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 contract shall be prominently labeled as to funding source. fn 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 subjectto 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 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 subr:nit to Grantee quarterly progress reports and any other reports that may ~e specified in Appendix D. 6 ';"=: ; '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, 2004. 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 pertinentto the activities to be funoed under this contract. Such records shall include but are not limited to the items listed below: (1) Records providing a full description of each a.ctivity undertaken; (2) Records demonstrating that each activity undertaken meets one of the National Objectives of the CDSG Program; , (3) Records r~quir.ed to determine the eligibility of activities; (4) Financ.ial records as required by 24 CFR Part 570.502, and OMS Circular A-133; and (5) Other records n~cessary to document compliancewith 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 s~rvices 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 an annual financial report to the Grantee. d. ACCESS TO RECORDS, The Subrecipient agrees that the Grantee or any authorized representative has access to and the right to examine all records, books, papers, or documents related to the project. e. RETENTION The Subrecipient hereby severally_warrants that.all project records, books, papers, and documents will be retained fora period of not less than four (4) years after the termination of all activities funded under this contract, or after the resolution of all Federal audit findings, whichever occurs later and grants the Grantee the option of retention of the project records, books, papers, and documents. . The retention period shall start from the date of submission . of the Grantee's annual performance report, as prescribed in 24 CFR 91.520, in which the . specific activity is reported on for the final time rather than from the date of submission of the final expenditure report for the award. 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 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 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 RehabilitationAct 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 8 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 When procuring property, goods and services under $100,000, the Subrecipient shall follow Augusta-Richmond County's procurement procedures which 'reflects applicable state and local laws and regulations. For purchases of $100,000 or more. federal laws, regulations and standards apply. m. EQUIPMENT AND PERSONAL PROPERTY (1) Use. Equipment and personal property shall be used by the Subrecipient in the program or project for which it was acquired as long as need, whether or not the project or program continues to be supported by Federal funds. (2) Disposition. When no longer needed for the original program project, disposition of any equipment or personal property of any kind shall be determinedaqdapproved by the Grantee consistent with provisions of 24 CFR 570.202 and Circular A-11 0, except (a) In all cases in which personal property is sold, the proceeds shall be prog'ram income, and. (b) Personal property not needed by the Subrecipient for CDSG activities shall be transferred to the Grantee for the Community Development program or shall' be , retained. after submitting compen'sation to the Grantee for the Community Development program, and . (c) Compensation for items of equipment or personal property retained . or sold shall be an amount calculated by multiplying the current market.\lalue or proceeds from sale by the percentage of COSG funds. provided on the original costs of equipment or personal property. (3) Management and Requirements. Procedures for managing equipment (including replacement equipment) and personal property, whether acquired in whole or in part with grant funds, until disposition takes place shall, as a minimum, meet.the fC?lIowing requirements: (a) Written notification must be given to the Housing and Neighborhood Development (HND) Department within seven (7) calendar days after delivery to the Subrecipient of equipment or personal property' in order forHND to effect identification and r~cording for inventory purposes. Property' records must be ' maintained that include a 9 ;; ., description of the property, a serial number or other identification number, the source of property, who holds title, the acquisition date and cost of the property, percentage of CDSG funds in the cost of the property, the location, use and condition of the property, and any ultimate disposition data including the date of disposal and sale price of the property. (b) A physical inventory of the property must be taken and the results reconciled with the property records at least once a year. . (c) A control system must be developedto ensure adequate safeguards to prevent loss, damage or theft of the property. Any loss, damage or t~eft shall be investigated by the Subrecipient and reported to the Grantee: (d) _ Adequate maintenance procedures must be developed to keep the property in good condition. (e) If the Suorecipient is authorized or required to sell the property, . . proper sales procedures must be established to ensure the highest possible return. - n. OWNERSHIP,AND USE OF REAL PROPERTY (1) Use and Disposition. In accordance with 24 CFR 570.~03(a)(8), any real property under the Subrecipient's control that was acquired or improved in whole or in pa.rt with CDSG funds shall meet the following requirements: (a)' Used to meet one of the national objectives in 24 CFR 570.208 in perpetuity. ' The Grantee or its designee may, at its discretion, ameng the term, but it shall never be less than five years for any real property acquired or improved in whole or in part using CDSG funds in excess of $25,000; or (b) Disposed of in a manner that results in the Grantee being reimbursed in the amount of the current fair market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition;:or improvement of the property, (2) Change'in Use. In the case of acquisition, or improvement of real property, prior to any change in use of the real property or planned use of any such property - (includi'ng - beneficiaries of such use) from its original approved purposed, the Subrecipient shall notify the _ Grantee in writing for the Grantee's writtenprior,approval to the change of use. The calculation of any funds and/or monies which may be due hereunder as a result of any change in use shall be made at the sole discretion of the Grantee or its designee and this provision shall apply to the property in perpetuity unless the term is amended in writing by the Grantee. 10 (3) Program Benefit. The Subrecipient agrees that the funds, plus any monies contemplated by 24 CFR 570.503(a)(8) shall be returned to the Grantee, if, in the determination of ,the Grantee, the program benefit requirements for use of real ~rbperty, are not met by the Subrecipient at any time. The calculation of any funds and/or monies which may be due hereunder shall be determined solely by the Grantee. (4) Grant of Lien. Prior to disbursement of any amount of funds to the Subrecipient for the acquisition, improvement, or disposition of any real property to be u~ed for any use or purpo'se by the Subrecipient, the Grantee and the Subrecipient shall execute a promissory note and deed to secure debt which shall contain such terms and conditions as the Grantee in its sole discretion shall require. 20. OTHER PROVISIONS a. . Equal Employment Opportunity The following provisions (1) and (2) are applicable to all contracts and subcontracts; provisions (3) through (7tare applicable to all non-exempt construction contracts and subcontractswhich exceed $10,000: (1 ) (2) The Subrecipientshall 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 treate'dduring 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. The Subrecipient will, in all solicitations or advertisements for employees placed by oron 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. The Subrecipient will send to each labor union or representative of workers with which it has a ,collective bargaining agreement or oth-er contract or understanding, a notice to b(3 provided advising the said labor. union or (3) II 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 of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The Subrecipient will furnish all information and reports required by Executive Orders 11246 of September 24, 1965, as amended, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to its books, records, arid 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 ofthe 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, orsuspended 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 ~uthorized in Executive Order 11246 of September 24, 1965, as amended, andsuch 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 Subrecipientwill include the portion of the sentence immediately preceding paragraph (1) and the pr.ovisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor, issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, as amended, so that such provisions will be binding upon each subcontractor or vendor. The Subrecipient will take such action with respect to any subcontract or purchase order as HUD may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event a Subrecipient becomes involved in, or is threatened with, litigation with a subcontractor, or vendor as a result of such direction by HUD, the Subrecipient may request the United States to enter into such litigation to protect the interests of the United States. b. Equal Opportunity in Participation Under the terms of Section 109 of the Housing and Community Development Act of 1974, and in conformance with Grantee policy and all requirements imposed by or pursuant to the Regulations of HUD (24 CFR Part 570.601 and 570.602) issued pursuant to Section 1 09,nq person in the United States shall on the ground of race, color, creed, religion, sex, age, handicap; disability, sexual orientation; ancestry, 12 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: (1) Deny any facilities, services, financial aid, or other benefits provided under the program or activity. (2) 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. (3) Subject to segregated or separate treatlT,lent in any facility, or in any other matter or process' related to receipt of any service or benefit under the program or activity. (4) Restrict irlany way access to, or the enjoyment of any adyantage or privilege enjoyed by others in connection with facilities, services, financial aid or other benefits under the program or activity. (5) 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". (6) 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~esidents, 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 opportunitYJoparticipate 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. 13 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 concems 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 wor~ force needs ~nd plans for possible training and employment of lower income persons. Wh'en 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 p~rt 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-owne<:i 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, religioQ, 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, theSubrecipient 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 tre 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. , . 14 ~ 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 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 etseq.), 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 resioential 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 requirem~nts 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- baseo paint and explain the symptoms, treatment, and precautions that should be taken when dealing with lead-based paint poisqning.' . k. Special Assessments Subrecipient will not attempt to recover any capital costs of public improvements assisted in whole orin part with funds provided under Section 106 of the Act or with amounts resulting from a guarantee under Section 108 of the Ad by assessing any amount again"st properties owned and occupied by persons of low and moderate incom~, including any fee charged or assessment made asa 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 sour..ces other than under 15 ?'. Title I of the Act, or (2) for- purposes of assessing any amount against properties owned and occupied by persons of moderate income, the grant~e 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 Subrecipientwill conduct any acquisition, rehabilitation, or demolition, of real property, and any negotiations for acquisition, rehabilitation, or demolition of real property incompliance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, Section 104(d) of the Act, and.~he 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 Unifonn 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 agree~ 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 Federa.l.contract, grant, loan, or cooperative agreement; If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or employee of a Member of Congress, in connection with this Federal Contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying'.' in accordance with its instructions; and 16' -. '\. It will require that the language of this paragraph M be included in the award documents for all subawards at all tiers (including subcontractors, subgrants, and contracts under 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. Submissionof this certification is a prerequisite for making or er)tering 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 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'fromthe 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 locai 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. . ' 17 . IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first written above. .A TTEST: SEAL Clerk of Commission ATTEST: SEA.L n?~ ,P ~ft__ Melvin Parkman As its Corporate Secretary ~j~ , (Plain Witness).. . .' , \ B ^h'~ y: \~r CSRA ECONOMIC OPPORTUNITY AUTHORITY. INC. (Subrecipi~nt) BY~ar{~~ As its President 18 €' . ~, f APPENDIX A Proiect Area The Youth Leadership Development Program will be administered in the Hyde Park neighborhood at the Mary Utley Community Cente,r, 2024 Goldenrod Street and the Little Steps Program will be administered at 720 East Boundary, Augusta, Georgia. ' APPENDIX B Goals, Obiectives, and Tasks Subrecipient will administer the following programs: 1. Youth Leadership Development Program . CSRA EOA will administer a youth program for youths ages 6 to 12 in the Hyde Park neighborhood for Hyde Park youths and other surrounding neighborhoods' youths. Homework assistance, leadership development training, team building skills, social skills training, drug and alcohol education, and multicultural enrichment will be provided to 20 low to moderate income youths during year 2003. Activities include after school tutoring and environmental education. The program will operate 2 hours per day 5 days a week. Subrecipient shall maintain files on ec,lch youth assisted. Each fire shall contain, but is not limited - to income data and verification for each person assisted, application for services, record and description of services provided, attendance records, and performance evalLjations. 2. little Steps - Homeless Children's Program This program will be administered to homeless children whose family participates in CSRA EOA's transitional housing program. The program is designed to enhance the self-esteem, family togetherness, and social skills of children who have lost one of the basic needs for human survival, shelter. Children will learn and apply' traits such as responsibility, initiative, diligence, and determination so that they will be less' likely to repeat negative patterns that resulted in their parent's homelessness, thus breaking the cycle of homelessness. On a monthly basis, instruction in character building training following the Character First curriculum and Team life Skills will be provided at HillcrestSchool. Other activities to include positive parent- child interaction through provision of Characte'r Training Previews and monthly parent contact for the purpose of monitoring family functions. . On a bimonthly basis, contact will be made with school counselors for the purpose of monitoring the children school attendance, performance, and conduct. Forty (40) low to moderate income'youths and families will participate in the two programs during year 2003. Subrecipient shall maintain files on each family assisted. Each file shall contain, but is not limited to homeless documentation, income data and verification, application for services, record and description of services provided, attendance records, performance evaluations and case management information. .. Community Development Block Grant funds will be use for program supplies and equipment. . 19 i .' ;. APPENDIX C Sudqet Program Supplies and Equip~ent $8,635.00 APPENDIX D Reportinq Requirements The Subrecipient shall submit to the Grantee the following reports for the term of this agreement. 1. Quarterly Progress Reports Due April 15, 2003, July 15, 2003, October 15,2003 and January 15, 2004. 2. Annual Report (January 30, 2004) 3. Audit Report (Due' 30 days after completion of audit). ATTACHMENT #1 Re~ulations.. Circulars & Local Procurement PolicV 1. Community DevelopmentSlock Grant Entitlement Program 24 CFR 570 2. OMS Circular A-122 "Cost Principles for Non-Profit Organizations" 3. OMS Circular A-1.1O "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 CountyProcurement Policy A TT ACHMENT #2 Forms 1. Reimbursement Request 2. . Quarterly Progress Report 3. Annual Report 4. Sid 5. "Inventory . 6. Homeless Certification 7. CDSG Income Verification 20 .. (C(Q)[Plf '; . . CONTRACT BETWEEN AUGUSTA, GEORGIA AND CATHOLIC SOCIAL SERVICES, INC. FOR 2003 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM RECAPTURED URBAN DEVELOPMENT ACTION GRANT FUNDS , ' THIS AGREEMENT, made and entered into on this~ day of January 2003, by and between AUGUSTA, GEORGIA, through the Augusta-Richmond County Commission, as the Implementor of the Community Development Block Grant (CDBG) Program (hereinafter referred to as "Grantee"), and CATHOLIC SOCIAL SERVICES, INC., (hereinafter referred to as the "Subrecipient"). WHEREAS, the Grantee is the recipient of Urb'an Development Action Grant (UDAG) funds under the CDBG program from the United States Department of Housing and Urban Development (HUD) under Title I, Housing and Community Development Act of 1974, as' amended (42 U.S.C. 5301)(the Act), and WHEREAS, pursuanJto the Act, UDAG funds have been administered and distributed by Grantee and repaid to Grante,e such that the repaid monies constitute Recaptured UDAG funds converted into "Miscellaneous Revenues", and .WHEREAS, chapter two (2) of the U.S. Department of Housing and Neighborhood Development Handbook 651,1.02 REV-1, entitled "Urban Development Action Grant Closeout Procedures" directs that such "Miscellaneous Revenues" be dispersed according to Part 570 Subpart C of the CDBG regulations and Part 570 Suppart G of the UDAG regulations, and WHEREAS, those "Miscellaneous Revenues" designated by this agreement in Appendix C . are to be used, as described in Appendix B, for public service activities described under Part 570.201 (e) of the CDBG regulations and are thus included as_eligible activities under the "Act, 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 purpose of the program is to provide assistance to very low, low/moderate income families to prevent and end homelessness. The Subrecipient shall do, perform, and carry out, in a satisfactory manner, as determined by the Grante'e, 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, 2003, and 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). ThisAgreement shall remain in effect until December 31, 200~, 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 toSubrecipient, 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,orany 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 leve:l 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 . othen,vise restricted. e. The Grantee. also reserves the right to terminate this Contract or to reduce the coptract compel'lsation amount if the Subrecipient: (1) Fails to file required reports or to meet projectprogress or completion deadlines; 2 (2) Materially fails to comply with any provision of thisAgreement which may result in suspension or termination in accordance 'v'v'ith 24 CFR 85.43 or OMS Circular A-11 O. . (3) Expen9s funds under this Agreement for ineligibleactivities, services, or items; (4) Implements the project prior to notification from the Grantee that the federal environmental review process has been completed; (5) Violates tabor Standards requirements; or (6) Fails to comply with written notice from the Grantee of substandard perfor~anc~ under the terms of this Agreement. 3. KEY PERSONNEL a. ' Subrecipient shall assign to this Contract the following key personnel: (1) Richard E. Tuchscherer, 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. Subrecipientshall 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 nottakenby theSubrecipientwithin 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 completewhen services are approved as acceptable by the G~antee in writing. In the eventof rejection of any tasks, 3 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 Subrecipientmay 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 continuein,full force and effect. 7. COMPENSATION - The Subrecipient shall be paid a total consideration of $35,000_ for full performance of the services specified under this Agreement. Any cost above this amount' shall be the sole responsibility of the Subrecipient. Subrecipient shall submit monthly requests for 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 inconformity 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 bee/} incurred and expended in conformance witnthis 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 wor~ performed dL,Jring the preceding calendar month. The Subrecipient shall not claim' reimbursement from the Grantee for that portion of itsobligations 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 remai,!ing at the expiration of this agre~ment shall revert to Grantee. 4 In addition, the Subrecipient agrees to comply with other applic.able laws, including the Nati.onal Environmental P.olicy Act .of 1969 (and the implementing regulations at 24 CFR 58), the National Historic Preservati~::>n Act of 1.966 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 re~ulations at 24 CFR 146), t~e .,prohibition against using debarred contractors at 24 CFR 570.609, and Executive Orders 11063, 11246, 11375, 12086, and 12259. Further, any funded ac~ivity 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. Subrecipient agrees to comply with the uniform administrative requirements specified at 24 CFR 570.502 and 24 CFR 570.610, including: If the Subrecipient is a government agency, OMB Circular A-87, "Principles for Determining Costs Applicable to Grants and Contracts with State, Local and Federally-Recognized Indian Tribal Governments;" OMB Circular A-128, "Audits of State and Local Governments" (implemented at 24 CFR 44); and the sections of 24 CFR. 85, "Uniform Administrative Requirements for Grants and: Cooperative Agreements to State and Local Governments," specified at 24 CFR 570.502(a). If the Subrecipient is not a government agency, OMB Circular A-122, "Cost Principles for Non-Profit Organizations," or OMB Circular A-21 , "Cost Principles for Educational Institutions," as applicable; andOMB A-11 0, as specified at 24 CFR 570.502(b). . 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 shall revert to the Grantee for use in the Community Development Block Grant Program. Program income is anticipated to be approximately $0. 10. REVERSION OF ASSETS Upon termination of this contract, theSubrecipient shall transfer to the Grantee any CDBG allocated funds on hand at -the time of expiration and any accounts receivable attributable to the use of CDBG funds. 11. INDIRECT COSTS Indirect costs will only be paid ifSubrecipient has a indirect cost allocation plan approved by the Department of Housing '~nd Urban Development prior to the execution of this Contract. - 5 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 Regulationsare 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 per(orm its obligations hereunder or related to or arising out of any damage or injury to property or persons, occurril1g or allegedly' occurring in connection . with Subrecipient's performance or non-performance of its obligations hereunder. No paymenf, however" final or otherwise, shall operate to release the Subrecipient from any obligations under this Contract. 14. INSURANCE & BONDIN.G 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 insuranc.e 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,Jacilities 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 6 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 an!=f the Grantee shall not be denied admittan,ce 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 qf the Grantee. this Agreement is notassignable 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 agree'ment shall be allowed during the program year. 19. GENERAL TERMS AND CONDITIONS a. REPORTS The Subrecipientagrees to submiUo Granteequarterly progress 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 h~1Ve participated in, or benefited from. the project, and to submit this information to the Grantee by January 30,'2004. c. RECORDS TO BE MAINTAINED SubrecipiEmt 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: ... . (1) Records providing a full description of each activity undertaken; (2) Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG Program; (3) Rec,qrds required to determine the eligibility of activities; 7 CircularA-133: a.nd (4) Financial records as required by 24 CFR Part 570.502, and OMS (5) 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 an annual financial report to the Grantee. d. ACCESS TO RECORDS The Subrecipientagrees 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 projecf record~, 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 r'eported 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 pr:ogram 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, 8 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 Agreem~nt. 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 America~s 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 When procuring property, 'goods and services under $100,000, the Subrecipient shall follow Augusta-Richmond County's procurement procedures which reflects applicable state and local laws and regulations. For purchases of $100,000 or more. federal laws, regulations and standards apply. 9 m. EQUIPMENT AND PERSONAL PROPERTY (1) Use. Equipment and personal property shall be used by the. Subrecipient in the program or project for which it was acquired as long as need, whether or not the project or program continues to be supported by Federal funds. (2) Disposition; When, no longer needed f~:>r the original program project, disposition of any equipment or personal property of any kind shall be 'determined and approved by the Grantee consistent with provisions,of24 CFR 570.202 and Circular A-11 0, except (a) In all cases in which personal property is sold, the proceeds shall be program income, and (b) Personal property not needed by the Subrecipient for CDSG activities shall be transferred to the Grantee for the Community Development program or shall be retained after submitting compensation to the Grantee for the Community Development program, and (c) Compensation for items of equipment or personal property retained or sold shall be an amount calculated by multiplying the current market value or proceeds from sale by the percentage of CDSG funds provided on the original costs of equipment or personal property. (3) Management and Requirements. .. Procedures for managing equipment (including replacement equipment) and personal property, whether acquired in whole or in part with grant funds, until disposition takes place shall, as a minimum, meet the following requirements: (a) Written notification must be given to the Housing and Neighborhood Development (HN D) Department within seven (7) cal~ndar days after delivery to the Subrecipient of equipment or personal property in order for HND to effect identification and recording for inventory purposes. Property records .must be maintained that include a description of the property, a serial number or other identification number, the source of property, who holds title, the acquisition date and cost oHhe property, percentag~ of CDSG funds in the cost of the prdp,erty, the location, use and condition of the property, and any ultimate disposition data including the date of disposal and sale price of the property. '10 (c) (d) (e) results reconciled with the property records at least once a year. A control system must be developed to ensure adequate . . . - safeguards to prevent loss, damage or theft of the property. Any loss; damage or theft shall be investigated by the Subrecipient and reported to the Grantee. Adequate maintenance procedures must be developed to keep the property in good condition. If the Subrecipient is authorized or' required to sell the property, proper sales procedures must be established to . e-nsure the highest possible return. n. OWNERSHIP AND USE OF REAL PROPERTY (1) Use and Disposition.. In accordance with 24 CFR 570.503(a)(8), any real property under the Subrecipient's control that was acquired or improved in whole or in part with CDBG funds shall meet the following requirements: (a) Used to meet one of the national objectives in 24 CFR 570.208 in perpetuity. The Grantee or its designee may, at itsdiscretion, amend the term, but it shall never be less than five years for any real property acquired or improved in whole or in part using CDBG funds in excess of $25,000; or Disposed of in a manner that results in the Grantee being reimbursed in the amount of the current fair market value of the property less any portion of the value attributable to expenditures of non~CDBG funds for acquisition, or improvement of the property; (b) (2) Change in Use. In the case of acquisition, or improvement of real property, prior to any change in use of the real property or planned use of any such property (including beneficiaries of such use) from its original approved purposed, the Subrecipient shall notify the Grantee in writing for the Grantee's - written prior approval to the . change of use. The calculation of any funds and/or monies which may be due hereunder as a result of any change in use shall be made at the sole discretion of the Grantee or its designee and this provision shall apply to the property in perpetuity unless the term is .amendedin writing by.the Grantee. (3) Program Benefit. . The Subrecipient agrees that the funds, plus any .monies-contemplated by 24 CFR 570.503(a)(8) shall. be returned to the Grantee, if, in the determination of the Grantee, the program 11 the Grantee, if, in the determination of the Grantee, the program benefit requirements for use of real property, are not met by the Subrecipient at any time. The calculation of any funds and/ormonies which may be due hereunder shall be determined solely by the Grantee. (4) Grant of Lien. Prior to disbursementof any amount of funds to the Subrecipient for the acquisition, improveme.nt, or disposition of any real property to be used for any use or purpose by theSubrecipient, the Grantee arid the Subrecipient shall execute a promissory note and deed to secure debt which shall contain such terms and conditions as the Grantee in its sole discretion shall require. 20. OTHER PROVISIONS a. Equal EmploymentOpportunity 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 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. (2) The Subrecipient will, in all solicitations or advertisements for employees placed by or on behalf of theSubrecipient, 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 SubrecipJent will send to each labor union or representative of workers with which it has a collective bargaining agreement or other 12 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 of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The Subrecipient will furnish all information and reports required by Executive Orders 11246 of September 24, 1965, as amended, and by rules, regulations, and orders. of the Secretary of Labor, or pursuant 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 or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, as amended, and such other sanctions may be imposed and remedies invoked as provided in Executive ~ Order 11246 of September 24, 1965, as amended,. or as otherwise provided by law. (7) The Subrecipient will include the portion of the sentence immediately preceding p,aragraph (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 subcorltractor or vendor. The Subrecipient will take such action with respect to any subcontract or purchase order' as HUD may direct as a mec:lns 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 Subredpie'nt may request the United States to enter into such Iitigation.to 'protect the interests of the United States. b. Equal OpportlJnity in Participation 13 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 policyand all requirements imposed by or pursuant to the Regulations of HUD (24CFR 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 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, sexual orientation, ancestry, national origin, marital status, familial status, age, handicap, disability, sex or other basis prohibited by applicable law: (1) Deny any.facilities, services, financial aid, or other benefits provided under the program or activity. (2) ProvidH any facilities, services, financial aid, or otherbenefits whicll->-- are different, or are provided in a different form from that provided to others underUie program or activity. (3) 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. (4) Restrict in any way access to, or the enjoyment of any advantage or privile~le enjoyed by others in connection" with facilities, services, financial aid or other benefits under the program or activity. (5) Treat an individual differently from others in determining whether the individlJal satisfies any admission, enrollment, eligibility, membership, or othE!r 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. (6) Deny any person with the legal right to work an opportunity to participate in aprogram'or activity as an employee. c. Business and Employment Opportunities for Lower Income Residents, Women-Owned Business Enterprises, and Minority-Owned Business Enterprises. 14 The Subrecipient will use its best efforts to afford minority and wome.n-o'v'med 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 ~nd Urban DevelopmentAct 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 ~ 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 use 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,$ex, handicap; disability, sexual orientation, ancestry; nationall 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 Subrecipientwjll comply~with Title VII of the Civil Rigrts Act of 1968 (PL 90- 284) as amended and will administer all programs and activities related to housing and community development in a mariner to affirmatively further fair Housing. 15 Except with respect to the rehabilitatIon of residential property designed for residential use for less than eight households, the Subrecipient and all subco'ntractors 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 journey workers. Under the terms of the Oavis- 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 (4Cl USC327-332), 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 hi!~her 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 ,0igher 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 FE!deral Water Pollution Control Act (33 USC 1251 et seq.), as amended, and the regulations of the Environmental Protection Agency wit.h 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 rehab'i1itation of residential structures with assistance provided urider this Agreement shall be made subject to the provisions for the elimination of lead-baseq paint hazards under 24 CFR Part 35. The Subrecipient, at its sole cost, will comply with the requirements of24 CFR 570.608 for notification, inspection, 16 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 1978be properly notified that such propertiesmay'contain.lead-based paint. Such notification shall point out the hazards of lead-based paint and explain the symptoms, treatment, and precautions that should betaken 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.1 08 of the Act by as?essing any amount against properties owned and occu'pied 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 properti~s owned ;3nd occupied by persons of moderate inCOmE!, the grantee certifies to the Secretary of HUD that it lacks sufficient funds received under Section 1 06 of the Act to comply with the requirements of . subpa'ragraph (1).' . I. Acquisition, Rehabilitation, and Demolition of Real Property and Displacement ofPersohs and Businesses Subrecipientwill comply with the "Grantee's Community Development Block Grant Program . Plan for Minimizing the Displacement of Persons as, a resultof Community Development Block Grant Funded ActivitiElS" 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, rehabHitation;.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 AppendixC, Subrecipient will 'not cause either temporary or permanent involuntary displacement of persons or businesses. If Subrecipient;:auses 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 ~ssist 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 Heal Property Acquisition Policies Act of _1970,as amended, S~ction 104(d) of the Act,' and the implementing regulations at49-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!o this Agreement. . 17 -t 'r 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 officE!r 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 instructiops; 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 agree:ments) 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 ~~mended to make such insertion or correcti?n. o. HISTORIC PHESERVATION 'If appli~able, the Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the, procedures set forth in: CFR, . Part 800, Advisory Council of Historic preservation Procedures for Protection of Historic properties, insofar as they apply to the performance of this contract. . In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are 18 ~ In general, this requires concurrence from the State Historic Preservation Officer for all rchabl""ltation and rlcmol'lt'lon Of hi';'to~i,.. nr-,.,ncrt"IC'" th~t ~r-'" fift' \I yc~rs t"lld or older or that ~rc ......11 \, 10. ......"" I I I 1,111'-'. 11_""" -t""- .. __ '-II"""'''' _....... II "'} __ _ .., .. _ _ 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 thee~sence to this Contract,except where it is herein specifica)ly provic,led to the contrary. Subrecipient shall provide the scope of services .in accordance with the schedule set forth in Appendix S. IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first written above. ATTEST: AUGUSTA, GEORGIA (Grantee) SEAL !\".'ISy: r'~..'v .~ :../l ATTEST: CATHOLIC SOCIAL SERVICES, INC. . ByGU J/~~~~i~ Bill,Berry _______ As its President ----------. />=> E AL .' L" , : . d . . 'ff. " ~.., L_/:/.. . "/~ t{.,1/JL ! //LI(~il~)c:-C / Sharon Vincent Ie As its Corporate Secretary". -- A' .' I /(/ ~ ?lL~ ,-.=7 (Plain Witness) 19 ~ APPENDIX A Project Area The project is located at 811 12th Street, Augusta, Georgia. APPENDIX B . Goals, Objectives, and Tasks Catholic Social Services (CSS) was founded in 1969. Since its inception, it has been providing assistance to low and moderate income indi~iduals and families to overcome crisis situations in regards to food, shelter, clothing .and medical and other supportive services. The objective of the project is to assist as many families in crisis as possible until they can .recover and attain finanCial stability.. The purpose of this project is to provide assistance to very low, low/moderate income families to prevent and end homelessnessthrough payment of first months rent, rent to avoid eviction, deposits, mortgage payments, emergency shelter (motel) when shelters are full, support services including food, clothing, utilities, emergency transportation, prescription medication, primary health care and counseling. It is estimated that approximately 1 ,300 low and moderate income families will be provided assistance during the 2003 program . year. Files shall be maintained for each person assisted. Each file shall contain, but is not limited to homeless documentation, income data a~d verification for each person assisted, application for services, record and description of services provided, and fees charged, if any. , Community Development Block Grant funds will be used for client services to include emergency financial assistance for shelter, utilities, medical, food, clothing and counseling. APPENDIX C Budget Client Services (Emergency Financial Assistance for shelter, utilities, medical, food, clothing & counseling) TOTAL 7 $35,000.00 $35,000.00 20 APPENDIX D Reportinq Requirements The Subrecipient shall submit to the Grantee the following reports for the term' of this agreement. , 1. Quarterly Progress Reports . Due April 15, 2003, July 15, 2003, OCtober 15, 200"3 and "January 15, 2004. 2. Annual Report 3. . Audit Report (Due 30.days after completion of audit). ATTACHMENT #1 ReQulations, Circulars & Local Procurement Policv 1. Community Development Block Grant Entitlement Program 24 CFR 570 2. OMB 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 Orgarlizations" 4. OMS Circular A-133, "Audits of Institutions of Higher Education and Other Non-Profit Institutions" 5. Augusta-Richmond County Procurement Policy ATTACHMENT #2 Forms . 1. Reimbursement Request 2. Quarterly Progress Report 3. Annual Report 4. Homeless Certification 5. Income Verification 21 " ((;(Q)rv . -: CONTRACT BETWEEN AUGUSTA, GEORGIA AND AUGUSTA-RICHMOND PLANNING COMMISSION, INC. .FOR YEAR 2003 COMMUNITY DEVELOPMENT BLOCK GRANT PRQGRAM THIS AGREEMENT, made and entered into on this ~day of Janu~rv 2003, 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-RICHMOND PLANNING COMMISSION, 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 per'formall the necessary services p'rovided under this Contract in accordance with and respecting the following project: "Program Planning and Environmental Review: The Subrecipient will carry out planning and environmental review activities for the Community . Development Block Grant, Emergency Shelter and HOME Investment Partnerships Programs. 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, 2003, and 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, 2003, 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 No!ice 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 r~serves 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 byHUD to the Grantee tha~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 unqer this Agreement for ineligible activities, services, or items;: (4) ,Implements t~e project prior to notification from the Grantee that the federal environmental review process has been completed; (5) Violates Labor Standards requirements; or :2 ; 3. KEY PERSONNEL a. Subrecipient shall assign to this Contract the following key personnel: (1) George A Patty, Executive Director (2) Paul DeCamp, Planning 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 h"ave comparable qualifications .to.those of the persons being replaced. The Grantee's Director of HND will notify theSubrecipient 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 competelJt 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 $40,000.00 for full performance of the 3 ~ 7. COMPENSATION , . The Subrecipient shall be paid a total consideration of $40,000.00 for fuU performance of the services specified under this Agreement. Any cost above this amount shall be the sole responsibility of the Subrecipient. $ubrecipient 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 expend~d 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 ba~is only with a ~O-day turnaround period by Grantee. . '.' ~ Requests for payments must be received by Grantee notlaterthan the 15 day of each calendar month for work performed during the pr~ceding calendar month. The Subrecipient shall not claim reimbursement from the Grantee for that porti<?n 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. " I 8. USE OF FUNDS Use offunds received pursuant to this Agreement shall be in accordancewith the requirements of the Housing and Community Development Act of 1974 (as amended), 24 CFR Part 570 and other r~gulatjons governing the Community Development Block Grant Program, and any amendments or policy revisions thereto whicO 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 agre'es 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 t94) (and their"plemEmting 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 prohibitfon 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 t,he program re~ulations. Subrecipient agrees to comply with the uniform administrative requirements specified at 24 CFR 570.502 and 24 CFR 570.610, incll!ding: ' 4- If the Subrecipient is a government agen'cy, OMB Circular A-87, "Principles for Determining Costs Applicable to Grants and Contracts with State, Local and Federally-Recognized Indian Tribal Governments;" OMB Circular A-128, "Audits of State and Local Governments" (implemented at 24 CFR 44); and the sections of 24 CFR 85, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments," specified at 24 CFR 570.502(a). If the Subrecipient is not a government agency, OMB Circular A-122, "Cost Principles for Non-Profit Organizations," orOMB Circular A-21 ,"Cost Principles for Educational Institutions," as applicable; and OMB A-110, as specified at 24 CFR 570.502(b). Subrecipient is prohibited from using funds provided herein for political' activities, sectarian or religious activities, or lobbying activ.ities. 9. PROGRAM INCOME Program Income (defined at 24 CFR 570.500 and 570.504) derived from the project shall revert to the Grantee for use in the Community Development Block Grant Program. Program income is anticipated to be approximately $0. 10. REVERSION OF ASSETS , UPCln termination of this contract, the Subrecipient shall transfer to the Grantee any CDBG allocated funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. 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 SiJbrecipient's performance of its obligations hereunder and/or Subrecipient's failure to perform its obligations hereunder or relatep 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 Subrecipien~ from any obligations under this Contract. 14. INSURANCE'& BONDING Subrecipient shall carry sufficient insLlrance 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 5 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 S.ubrecipient shall insure recognition of the role of the grantor agency in p~oviding 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 Subrecipientis subject to the Georgia Op~n Meetings Law if it receiv~.s 1110re than 33 1/3% of its funds from taxpayer sources. Acco'rdingly, the Subrecipient will take the following compliance measures: it will notify the Augusta Chr.onicle, 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 publi~ 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 arid signed by the parties hereto. Only one amendment to said agreement shall be aI/owed during the program year. 6 19. GENERAL TERMS AND CONDITIONS a. REPORTS The Subrecipient agrees to submit to Grantee quarterly progress 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 towhich these categories of persons have participated in, or benefited from ,the project, and to. submit this information to the Grantee by January 30; 2004. 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 fun~ed under this contract. Such records shall include but are not limited to the items listed below: (1) Records providing a full description of each activity undertaken; (2) Records demonstrating that each activity undertaken meets one of the National Objectives of the CDSG Program; (3) Records required to determine the eligibility of activities; (4) Financial records as required by 24 CFR Part 570.502, and OMB Circular A-133; and (5) 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 OMEf Circular A-133. However, if an audit is not required, the Sui;)reciplent agrees to provide an C!nnual financial report to the Grantee. d. ACCESS TO RECORDS The Suhrecipient agrees that the Grantee or any authorized representative has access to and the right to examine all recorcjs, 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 optio!1 of retention of the project records, 7 . 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 ~inal 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 fora 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 of the Subrecipient, a party to this Agreement, hereby severally warrants ahd 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 RehabilitationAct.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 dis. abilities, and agrees to defend, hold harmless, andindeinnify the Grantee from and against any and all liability for any noncompliance on'the part of the SLibrecipient. 8 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 When procuring property, goods and services under $100,000, theSubrecipient shall follow. Augusta-Richmond Cou'!ty's' procurement procedures which reflects applicable state and local laws and regulations. For purchases of $100,000 or more. federal laws, regulations and standards apply.' . m'. EQUIPMENT AND PERSONAL PROPERTY (1) Use. Equipment- and personal property shall be Used by the Subrecipient in the program or project for which it was acquired as long as need, whether or not the project or program continues to be supported by Federal funds. , (2) Disposition. When no longer needed for the original' program' project, disposition of any equipment or personal property of any kind shall be determined and.approved by the Grantee consistent with provisions of 24 CFR 570.202 and Circular,A.11 0, except (a) In all cases in which personal property is sold, the proceeds shall be program income, and (b) Personal property not needed by the .Subrecipient for CDBG activities shall be transferred to the Grantee for the Community Development program or shall be retained after submitting compensation to the Grantee for the Community Development program, and (c) Compensation for items of equipment or personal property retained or sold shall be an amount calculated by multiplying the current market value or proceeds from sale by the percentage of CDBG funds provided on the original costs of equipment or personal property. (3) Management and Requirements. Procedures for managing equipment (including replacement equipment) and personal property, whether acquired in whole or in part with grant funds, until disposition takes place shall, as a minimum, r:neet the following requirements: (a) Written notification must be given to the Housing and Neighborhood Development (HND) Department within seven (T):calendar days after delivery to the Subrecipient of equipment or personal property in order forHND to effect identification and recording for inventory purposes. 'Property records must be maintained that include a 9 . description of the property, a serial number or other identification number, the source of property, who holds title, the acquisition date and cost of,the property, percentage of CDBG funds in the cost of , the property, the location, use and condition of the property, and any ultimate disposition data'including the date.of disposal and sale price of the property. (b) A,physicalinventory of the property must be taken and the results reconciled with the property records at least once a year. (c) A control system must be developed to ensure adequate safeguards to prevent loss, damage or theft of the property. Any loss, damage or theft shall be investigated by the Subrecipient and reported to the Grantee, (d) Adequate maintenance procedures must be developed to keep the property in good condition. (e) If the Subrecipient is authorized or required to sell the property, , proper sales procedures must be established to ensure the highest possible return. n. OWNERSHIP AND USE OF REAL PROPERTY (1) Use and Disposition. In accordance with 24 CFR 570.503(a)(8), any real property under the Subrecipient's control that was acquired or improved in whole or in part with CDBG funds shall meet the following requirements: (a) Used to meet one of the national objectives ,in 24 CFR 570.208 in perpetuity. The Grantee or its designee may, at its discretion, amend the term, but it shall never be less than five years for any real property acquired or improved in whole or in part using CDBG funds in excess of $25,000; or (b) Disposed of in a manner that results in the Grantee being reimbursed in the amount of the current fair market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition, or improvement of the property. (2) Change in Use. In. the case of acquisition, or improvement of real property, prior to any change in use of the real property or planned use of any such property (including beneficiaries of such use) from its original approved purposed, .the Subrecipient shall notify the Grantee in writing for the Grantee's ""ritten prior approval to the change of use. The calculation of any funds and/or mQnies which may be due hereunder'as a result of any change in use shall be made at the sole discretion of the Grantee or its designee and this provision shall apply to the property in perpetuity unless the term is amended in writing by the Grantee. (3) Program Benefit.' The Subrecipient agrees that the funds,. plus any monies 10 contemplated by 24 CFR 570.503(a)(8) shall be returned to the Grantee, if, in the determination of the Grantee, the program benefit requirements for use of real property, are not met by the Subrecipient at any time. The calculation of any funds and/or monies which may be due hereunder shall be determined solely by the Grantee. (4) Grant of Lien. Prior to disbursement of any amount of funds to the Subrecipient for the acquisition, improvement, or disposition of any real property to be used for any use or purpose by the Subrecipient, the Grantee and the Subrecipient shall execute a promissory note and deed to secure debt which shall contain such terms and conditions as the Grantee in its sole discretion shall, require. 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 applic~nts are employed and that employees ~re 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, av~ilable to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The Subrecipient will, fn all solicitations or advertisements for employees placed by or on behalf of the Subrecipien~ 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 Subrecipiemt will send to each labor union or representative of workers with which it has a collective bargaining agre,ement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of theSubrecipient's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. . 11 (4) The Subrecipiemt 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~t the Grantee, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The Subrecipient will furnish all information and reports required by Executive Orders 11246 of September 24, 1965, as amended, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to its books, records, and accounts by HUD and the Secretary of Labor for purposes of investigatic;m to ascertain compliance with such rules, regulations, and orders. (6) In the event of the Subrecipient's noncompliance with the nondiscrimination clauses of this ContraCt or with any of the said rules, regulations, or orders, this Contract may be canceled, terminated, or suspended in whole or in part and the Subrecipient may be declared ineligible for further Government contracts .or federally assisted construction contracts in accordance with 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. . The Subrecipient will include the portion of the sentence immediately preceding paragraph (1) and the provisions of Raragraphs (1) through (7) in , every subcontract or purchase order unless exempted by rules, regulations, or orders :ofthe Secretary of Labor, issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, as amended, so thatsuch 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 Subrecipi~nt becomes involved in, or is threatenecj 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. (7) 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. 12 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 de'nied 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) Dis'criminatory 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: (1) Deny any facilities, services, financial aid, or other benefits provided under the program or activity. (2) Provide any facilities, services, financial aid, or other benefits which are different, or are provided in a differenUorm from that provided to others under the program or activity. (3) 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. . . (4) 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. (5) Treat an individual differently from others in determining whether the individual satisfies any admission, enrollment, .eligibility, membership, or other requireml?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. (6) 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 Subrecipientwill 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 ,13 th,is contract, the term "minority' and female business enterprise," mean's abusiness 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 an.d 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 concems 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 sJatement of the work force neecs 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 a.ny contract or subcontra9t. . If a Subrecipient solicits or requests an invitation for bids, every effort feasible will be made to contact minority-owned and womer-owned business enterprises fora 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), inthe sale, lease or other transfer of land acquired, leased or improved with assistan<:e 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 deyelopment in a manner to affirmatively further Fair Housing. f. Labor Standards Except with respect to the rehabilitatiori.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 c9nstructi~n in the locality as determined by the Secretary of Labor, 14 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 id~ntified as having special flood hazards shall be subject to the mandatory purchase of flood insurance with the requirements of S'ection 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 use 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 improyements 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 15 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 Re'al Property and Displacement of Persons and Businesses Subrecipient will comply with the "Gran,tee'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 Assistaflce 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 theAct, 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 F:'roperty 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 regulationsin connection with activities undertaken pursuant to this .Agreement. m. Lobbying Restrictions . Subrecipief,1t certifies that, to the best' of its. knowiedge and belief: No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to a'ny 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 a'ny Federal loan, the entering into of any cooperative agreement, and the extension, contin\,lation, renewal, amendment, orniodifica.tion 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 otCongress, in connection with this . . 16 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 De~med 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 n~t 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. 17 IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first written above. . ATTEST: SEAL tfh~1 Clerk of Commission . ATTEST: SEAL .1J~PA#f " Paul T. DeCamp .. ,.' , As its Planning Director M~G?~ (Plain Witness) '. . - .. . . .0.:'~,~?:~;2::~~:,~:.~~i~J~;~:.~;~.~::~~G1A . C....l.,j,\:I".".....,I\ ~j.. 1.-,{PlFlo:,,_.... j,-.I1.: ",''',-..'..1 "'I'.'''l:l~-'\ - ., ~ .t-0 .';i'~ ~;;:';i J.:3: ;;~~j~}~ I o Ipy: q~VJ AUGUSTA-RICHMOND COUNTY PLANNING COMMISSION, INC. (Subrecipient) . 9i ~( . G~rge A. Patty, As its' Executive Director By: 18 APPENDIX A Proiect Area The office facility is located at 525 Telfair Street, Augusta, Georgia. . APPENDIX B Goals. Obiectives, and Tasks Th.e Subrecipient will carry out the following planning and environmental activities: . ACTIVITY #1 - PLANNING A. Overall Program Planning to include activities related to planning and policy~planning for the Community Development Block Grant, Emergency"Shelter Grant and HOME Programs as a whole to include: 1. Periodic updates to the housing and neighborhood development data base. 2. Updating information on the housing stock to track demolition and new construction activity. 3. Attend public hearings, meetings and workshops related to the' CDBG Program and activities. 4. Assist with the preparation of the Year 2004 Annual Consolidated Action Plan. 5: Assist with the review of Year 2004 applications for funds. 6. Maintain information that would be of use in determining the need for and beneficiaries of community development projects including population estimates, household income levels, employment, floodplain maps, transportation conditions and improvements, and historic properties districts. 7. Development of additional comprehensive plans as needed. 8. Assist with preparation of competitive proposals. B.' PROJECT PLANNING 1. Develop strategies and action programs to implement plans, including the development of codes, ordinances and regulations. 2. Develop strategies and action programs to deal with identified economic development and community development needs, such as the need for affordable infill housing. C. SPECIAL STUDIES 1. Complete functional plans, as' needed, in such areas as housing, land use, economic development', recreation, public facilities and historic preservation. 2. Complete any small area and neighborhood plans. 19 ACTIVITY #2 - ENVIRONMENTAL REVIEW ,A. Environmental Assessment 1. Evaluation of proposed,and ongoing community development pr~jects to determine the level of environmental clearance needed. 2. Prepare environmental assessment for each project. 3. Collect and analyze support documentation for each environmental assessment. 4. Conduct any necessary site visits or field work associated with environmental assessment. 5. Maintain contact with. appropriate federal officials regarding environmental assessment. 6.' Complete required agency-public notice procedures related to the environmental clearance process. B. Evaluate the impact of proposed and ongoing community development projects on historic 'resources. 1. Evaluate the i,mpact of proposed and on going community development projects on historic resources. 2. Prepare the required documentation related to the determination of effect. 3. , Conduct any necessary site visits or field work associated with historic preservation review. 4. Collect any needed background information on historic resources impacted by community development projects. 5. Coordinate preservation, review with other environmental assessment activities. 6. Maintain contact with appropriate state and federal officials regarding historic preservation"review. 7. Draft any necessary Memorandum of Agreement. 8. Conduct any required follow-up work to assure compliance with historic preservation requirements. 20 APPENDIX C Budqet Salary & Indirect Costs '$40,000.00 APPENDIX D Reportinq Requirements The Subrecipient shall submit to the Grantee the following reports for the term of this agreement. 1. Quarterly Progress Reports Due April 15, 2003, July 15, 2003, October 15, 2003 and January 15, 2004. 2. Annual Report 3. Audit Report (Du,e 30 days after completion of audit). , ATTACHMENT #1 ReQulations, Circulars & Local Procurement Policy .~ 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 Organjzations" 4.' OMB Circular A-133, "Audits of Institutions of Higher Education and Other Non-Profit Institutions" 5. Augusta-Richmond County Procurement Policy A TT ACHMENT #2 Forms . · Reimbursement Request · Quarterly Progress Report · AnnualReport 21 . ... \., it ' . - ! t ";- :; :; CONTRACT BETWEEN AUGUSTA, GEORGIA AND 30901 DEVELOPMENT ~ORPORATION FOR YEAR"2002 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM , '#\ THIS AGREEMENT, made and entered into on this ~() day of . :::7d~d~, 2002, by and betWeen AUGUSTA, GEORGIA"by and through the Augusta-Richmond Co ty Commission, as the Implementor of the Community Development Block Grant Program (hereinafter referred to as "Grantee"), and 30901 DEVELOPMENt CORPORATION, INC., a Georgia non-profit corporation, (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 through Linden Square, LP 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: .rt}~ 1. SCOPE OF SERVICE -, .__1"""-' The Subrecipient shall perform all the necessary services provided under this Contract in accordance with and respecting the following project: LINDEN SQUARE APARTMENTS The Subrecipient is the sole shareholder of 30901-Linden,lnc., managing member of the general partner of Linden Square, LP, a Georgia Limited par:tnership. The members of the general partner are 30901-Linden, Inc., a Georgia corporation, Capital Housing Partners, L.L.C., a Georgia limited liability company ("CHP") . arid Regency Investment Associates, Inc., a North Carolina Corporation ("RIA"). Lincoln Square, LP shall construct Linden Square Apartments, a 48 unit, two-story building owned by Linden Square, L.P. in Augusta, Richmond County, Georgia. The development plan will entail construction of the building totaling approximately $59,850.00 per unit. The scope of work will include an elevator and interior hallways; a separate community building; a recreational courtyard and patio; landscaping and lighting; gated entry and perimeter fencing. . 1433459v2 i' ~ t,- ., .., ;~ 'J - "; '0 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 or before February 1, 2002 and 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 the Loan described in paragraph 7 is repaid 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 byHUD to the Grantee that said project is deficient and that continued suppprt '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 meet project progress or completion deadlines; 2 1433459v2 'i'";. T ':; .i' (3) (4) (5) (6) 3. PERSONNEL '. (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. Expends funds' under this Agreement for ineligible activi~ies, services, or items; . Implements the project prior to notification from the Grantee that the federal environmental review process has been completed; Violates Labor.Standards requirements; or Fails to comply with written notice from the Grantee of substandard performance under the terms of this Agreement. a. Subrecipient shall assign to this Contract the following key personnel: (1) Director-Project Manager (2) Property Manager (3) Administrative Assistant/Secretary b. During the period of performance, Subrecipient shall make no substitutes of key personnel unless the substitution is necessitated by illness, death, or termination of employment. Subrecipient shall notify the Grantee Director of HND within five (5) calendar days after the occurrence of any of these events and provide the following information, providing a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Grantee's Director of HND. Proposed substitutes should have comparable qualifications to those of the persons being 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 3 1433459v2 "i" " i' 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. LOAN AND SECURITY THEREFOR The Subrecipient shall be loaned a total amount of $400,000.00 as evidenced by a Promissory Note of even date to be used in the project for 24 months at 0% interest, and then converted to a Permanent .Loan for 28 years at 1 % interest for 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. Funding 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. Subrecipient shall lend Linden Square LP the total amount of $400,000 as evidenced by a Promissory Note of even date. Linden Square LP shall execute and deliver to subrecipient a deed to secure debt conveying the project area as collateral for purposes of securing payment of the loan. Such deed to secure debt shall be assigned to grantee. 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. 4 1433459v2 .' 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 at24 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. Subrecipient agrees to comply with the uniform, administrative requirements specified at 24 CFR 570.502 and 24 CFR 570.610. including: If the Subrecipient is a government agency, OMB Circular A-87. "Principles for Determining Costs Applicable to Grants and Contracts with State, Local and Federally-Recognized Indian Tribal Governments;" OMB Circular A-128, "Audits of State and Local Governments",(implemented at 24 CFR 44); and the sections of 24 CFR 85, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments," specified at 24 CFR 570.502(a). If the Subrecipient is not a government agency, OMB Circular A-122, "Cost Principles for Non-Profit Organizations," or OMB Circular A-21. "Cost Principles for Educational Institutions," as applicable; and OMB A-110, as specified at 24'CFR 570.502(b). 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 zero dollars. If applicable, the project use of the program income shall be determined by the Grantee before execution of this Contract. The Subrecipient shall report all "monthly" program income as defined at 24 CFR 570.504 on a quarterly basis. The Subrecipient may use such income during the contract period for the designated use and shall reduce requests for additional funds by the amount of any such program income balances on hand. All unused program income shall be reported to the Grantee at the end of the contract period. At that time a determination will be made by the Director of HND as to whether the Subrecipient will retain the said income or said income by revert to the Grantee's Community, Development Block Grant Program. If the Subrecipient is allowed to retain program income, the Director shall designate its use and the reporting requirements. Any interest earned on cash advances from the U.S. Treasury is not program income and shall be remitted promptly to the Grantee. 10. 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 5 1433459v2 ....... ,- -.:" " $25,000 will be used to meet one of the national objectives in 9 570.208 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 an 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 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. . ' Additionally, the Sub-recipient shall procure officers and directors liability insurance under policies to be approved by the Grantor. All of the above policies shall provide that no act or omission of the Grantee, its agent, servants or employees shall invalidate any insurance coverage for 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. 6 1433459v2 iI~ j: 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; itwill 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 n9t 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. To the extent the Code and the regulations promulgated thereunder, or any amendments thereto, shall impose requirements upon the ownership or operation of the Project, which requirements shall be applicable by their terms to the Project and which are more restrictive than those imposed by this Agreement, the Subrecipient and the Grantee agree that this agreement shall be deemed to be automatically amended to impose such additional or more restrictive requirements. 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. 7 1433459v2 J, l' '6: 1433459v2 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 February 1, 2002. 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: (1) Records providing a full description of each activity undertaken; (2) Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG Program; (3) Records required to determine the eligibility of activities; (4) Financial records as required by 24 CFR Part 570.502, and OMB Circular A-133; and (5) 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. Subrecipient shall furnish to Grantee, within 45 days of execution in final form, copies of the following documents related to the project: Partnership Agreement, Land Use Restrictions Agreement, Property Management Agreement, Development Agreement, Guaranty Agreement, and Equity Bridge Note. 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, 8 .-: . "i: 1433459v2 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. 9 ~i -:', ...- 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 procurement policy and shall maintain an inventory record of all non-expendable personal property as defined by such policy and as may be procured with funds provided herein. 20. OTHER PROVISIONS a. Equal Employment Opportunity The following provisions (1) and (2) are applicable to all contracts and subcontracts; provisions (3) through (7) are applicable to all non-exempt construction contracts and subcontracts which exceed $10,000: (1) The Subrecipient shall not discriminate against any employee or applicant for employment because of race, color, creed, religion, sex, age, handicap, disability, sexual orientation, ancestry, national origin, marital status, familial status, or any other basis prohibited by applicable law. The Subrecipient shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, age, handicap, disability, sexual orientation, ancestry, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of payor other forms 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. (2) The Subrecipient will, in all solicitations or advertisements for employees placed by or on behalf of the Subrecipient, state that all qualified applicants will receive consideration for employment without regard to race, creed, religion, sex, age, handicap, disability, sexual orientation, ancestry, national origin, marital status, or any other basis prohibited by applicable law. 10 1433459v2 .,- I ,", 1433459v2 (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 worker~' 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 of the rules, regulations, and relevant orders of the Secretary of Labor. . (5) The Subrecipient will furnish all information and reports required by Executive Orders 11246 of September 24, 1965, as amended, and by rules, regulations, and orders of the Secretary of Labor, or pursuant 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, regulati.ons, and orders. (6) In the event ofthe Subrecipient's noncompliance with the nondiscrimination clauses of this Contract or with any of the said rules, regulations, or orders, this Contractrilay 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. (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 asHUD 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 11 " . 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 (1 ) Deny any facilities, services, financial aid, or other benefits provided under the program or activity. . (2) 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. (3) 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. (4) 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. (5) 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. (6) 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 12 1433459v2 .# -,). .. 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 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 ap'prentices 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 , , 13 1433459v2 .. ~~- 'in. ': 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 req'uirements 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 (AppliGClble.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 af!lount 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 14 1433459v2 ......... ...'~,' ~i 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 Rermanent 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 Co'mmunity 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, I 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 15 1433459v2 ~. '~i\ .. 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. c. Subrecipient shall require that the owners of all rental housing assisted with CDBG funds .maintain said rental housing in compliance with applicable Housing Quality Standards, HND Rehabilitation Standards for Home Program (herein referred to as'Exhibit "C" are outlined in the HNDPerformance Manual) and AUGUSTA's Housing Code requirements for the duration of this Contract. 16 1433459v2 _0'" \i~"I. .. IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first written above. ATTEST: AUGUSTA. GEORGIA (Grantee) SEAL By: Bob Young As its Mayor 1433459v2 Lena J. Bonner Clerk of Commission --, As its Chairman 17 ...... :-';.'~' .. IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first written above. ATTEST: SEAL ~... -.....,.--.......,.. .::"""/ I- ~~f-.. ~~ ~. . ~ : -' .~ '~ ~<iliner Clerk of Commission ATTEST: 30901 Development Corporation SEAL By: As its President As its Corporate Secretary (Plain Witness) 17 ~~ ;tr:i" .. APPENDIX A Project Location . 2.5-acre site, which is bounded, by Linden Street, Hunter Street, Roulette Lane and Poplar Street , Augusta, Georgia 30901 " . APPENDIX B Goals. Objectives. 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 sufficierlt detail for Grantee to monitor the performance of this agreement. I APPENDIX C Budqet ACTIVITY COST A schedule outlining how the $400,000.00 in construction funds will be allocated shall be submitted to Grantee within 15 days after the execution of this Agreement. The schedule shall be in sufficient detail ~or Grantee to monitor the performance of this Agreement. . APPENDIX D Reportjnq 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, 2001, July 15, 2001, October 15, 2001 and January 15, 2002. 3. Annual Progress Report 4. Audit/Financial Report 18 1433459v2 'i ,_ ",,",. ~t~..,. .. " 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 - Attachments A, B, C, F, H, N, 0: "Uniform Administrative Requirements for 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" (Non-profitorganizations that expend $300,000 or more in a year in Federal awards shall have a single audit or program-specific audit conducted for that year in accordance with OMB Circular A-133.) 5. Augusta-Richmond County Procurement Policy 6. HND Performance Manual FORMS Reimbursement Request Time Sheet CDBG Income Verification Monthly Program Progress Report .(No form attached) Annual Program Progress Report 19 1433459v2 '; ~.'. CONTRACT BETWEEN AUGUSTA, GEORGIA AND SAFE HOMES OF AUGUSTA, INC. FOR YEAR 2002 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM ORIGINAL ~ THIS AGREEMENT, made and entered into onthis ~ day of January. 2002, 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, INC., (hereinafter referred to as the "Subrecipient"). WHEREAS, the Grantee is the recipient of Urban Development Action Grant (UDAG) funds under the CD8G program 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 the Act, UDAG funds have been administered and distributed by Grantee and repaid to Grantee such that the repaid mO,nies constitute Recaptured UDAG funds. and, ~ WHEREAS, chapter two (2) of the U.S. Department of Housing and Neighborhood Development Handbook 6511.02 REV-1, entitled "Urban Development Action Grant Closeout Procedures" directs that such recaptured UDAG funds be dispersed according to Part 570 Subpart C of the CDBG regulations and Part 570 Subpart D of the UDAG regulations, and WHEREAS, those recaptured UDAG funds designated by this Agreement in Appendix C are to be used, as described in Appendix 8, for activities as described under Part 105 and Part 119 of the Act and are thus included as eligible activities supporting economic recovery under the Act, 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 SAFE HOMES OF AUGUSTA, INC. Funds' are being requested to purchase a multi-passenger van to transport clients. 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, 2002, 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, 2002 , or until this Agreement is otherwise terminated. . I 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 (6) Fails to comply with written notice from the Grantee of substandard performance under the terms of this Agreement. 2 ~ f.i t 3. KEY PERSONNEL a. Subrecipient shall assign to this Contract the following key personnel: (1) Sandra K. Johnson, Executive Director (2) Alice M. Winston, Operations Manager b. During the period of performance, Subrecipient shall make no substitutes of key personnel unless the substitution is necessitated by illness, death, or termination of employment. Subrecipient shall notify the Grantee Director of HND within five (5) calendar days after the occurrence of any of these events and provide the following information, providing a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Grantee's Director of HND. Proposed substitutes should have comparable qualifications to those of the persons' being replaced. The Grantee's Director of HND will notify the Subrecipient within fifteen (15) calendar days after receipt of all required information of the decision on, substitutions. This clause will be modified to reflect any approved changes of key personnel. 4. PERFORMANCE MONITORING The Grantee will monitor the performance of the Subrecipient against goals and performance standards required herein. Substandard performance as determined by the Grantee will constitute non-compliance with this contract. If actions to correct such substandard, performance are not taken by the Subrecipient within 30 days following on-site monitoring by the Grantee; contract termination procedures will be initiated. 5. INSPECTION AND ACCEPTANCE All 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 periodshall 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. 3 fi1 ~ 7. COMPENSATION The Subrecipient shall be paid a total consideration of$ 25,000 for full performance of the services specified under this Agreement. Any cost above this amount shall be the sole responsibility of the Subrecipient. Subrecipient shall submit monthly requests for 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 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 ~se 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 USC6101) (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. Subrecipient agrees to comply with the uniform administrative requirements specified at 24 CFR 570.502 and 24 CFR 570.610, including: 4 -;; If the Subrecipient is a government agency, OMB Circular A-87, "Principles for Determining Costs Applicable to Grants and Contracts with State, Local and Federally-Recognized Indian Tribal Governments;" OMS Circular A-128, "Audits of State and Local Governments" (implemented at 24 CFR 44); and the sections of 24 CFR 85, "Uniform Administratiye Requirements for Grants and Cooperative Agreements to State arid Local Governments," speCified at 24 CFR 570.502(a). If the Subrecipient is not a government agency, OMS Circular A-122, "Cost Principles for Non-Profit Organizations," or OMB Circular A-21 , "Cost Principles for Educational Institutions," as applicable; and OMB A-110, as specified at 24 CFR 570.502(b). 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 shall revert to the Grantee for use in th~ Community Development Block Grant Program. ' Program income is anticipated to be approximately $0. 10.:: REVERSION OF ASSETS Upon termination of this contract, the Subrecipient shall transfer to the Grantee any CDBG allocated funds on hand at the time of expiration and any accounts receivable attributable to the use of CDSG funds. . .. In addition, any equipment or 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 a~er expiration of this Contract, or for such longer period of time.as determined to be appropriate by the Grantee. 1.1. INDIRECT COSTS Indirect costs will only be paid ifSubrecipient 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 f 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. 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 toAhe 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 availabl~ 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. 6 ;' 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, 2003. 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: (1) Records providing a full description of each activity undertaken; (2) Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG Program; . (3) Records required to determine the eligibility of activities; (4) Financial records as required by 24 CFR Part 570.502, and OMB Circular A-133; and (5) 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. 7 -:. 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 8 " 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. The Subrecipient shall consult Grantee on any procurement to assure conformance with applicable laws, regulations and standards. 20. OTHER PROVISIONS a. Equal Employment Opportunity The following provisions (1) and (2) are applicable to all contracts arid 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 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. (2) The Subrecipient will, in all solicitations or advertisements for employees 9 " placed by or on behalf of the Subrecipient, state that all qualified applicants will receive consideration for employment without regard to race, creed, religion, sex, age, handicap, disability, sexual orientation, ancestry, national origin, marital status, or any other basis prohibited by applicable law. (3) The Subrecipient will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Subrecipient's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The Subrecipient will comply with all provisions of Executive Order 11246, Equal Employment Opportunity, of September 24, 1965, as amended by Executive Orders 11375, and 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. (5) The Subrecipient will furnish all information and reports required by Executive Orders 11246 of September 24, 1965, as amended; and by rules, regulations, and orders of the Secretary of Labor, or pursuant 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 or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, as amended, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, as amended, or as otherwise provided by law. (7) The Subrecipient will include 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 thatsuch 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. 10 ~ . ;:. 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: (1) Deny_ any facilities, services, financial aid, or other benefits provided under the program or activity: (2), 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. (3) 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. (4) 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. (5) 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. (6) Deny'any person with the legal right to work an opportuniy 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 11 .~ (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 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 TitleVI 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 wh'ole 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 12 ,\ ~ 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,allapplicable ,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 ~:politicalactivities 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 13 4 . 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 provisionof 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 behalfof 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 14 ~ . 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. 15 IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first written above. ATTEST: SEAL L a J. Bonner Clerk of Commission ATTEST: SEAL ~. ~J!!1;w.;.O" c.v-" ~ \~.. 'bo..,ns 'ts Corporate Secretary 16 AUGUSTA, GEORGIA (Grantee) By: SAFE HOMES OF AUGUSTA, INC. (Subrecipient) V~. .V.~ ~eleWiCZ \f \ f"'~ I '" i 0(. Lhc::.w As its President ~, ~ :. APPENDIX A Project Area The project location is on Adrian Drive, Augusta, Georgia. APPENDIX B Goals, Objectives, and Tasks SAFE Homes of Augusta, Inc. was incorporated in 1986 to provide emergency shelter and comprehensive services to victims of domestic violence and their dependent children through the 13 county area known as the CSRA. The overall goal of the agency is to provide comprehensive services aimed at interrupting the cycle of violence and providing information and assistance aimed at empowering the victim and helping them to achieve safe, independent and violence-free lifestyles. Community Development Block Grant (CDBG) funds will be used to purchase a mulh-passenger van to transport clients. Subrecipient shall follow procurement procedures that are in conformance with the City's Purchasing Policies and Procedures. For purchases over $10,000, subrecipient shall develop specifications and seek sealed bids formal advertising. The invitation for bids shall be publicly advertised in the Augusta Chronicle and at least one minority newspaper. Bids shall be solicited from an adequate number of known suppliers/vendors, providing them sufficient time prior to the date set for opening of the bids. All bids shall be publicly opened at the time and place prescribed in the invitation for bids. Award of bid shall be made to the most responsive bidder. Trip logs shall be maintained. Log shall include date, mileage, purpose of. trip; origin and destination of each trip. Trip log report shall be submitted to Grantee quarterly. APPENDIX C Budget Purchase Van $ 25,000.00 $ 25,000.00 TOTAL 17 ~.'\ .. " APPENDIX D Reporting 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, 2002, July 15, 2002, October 15, 2002 and January 15, 2002. 3. Annual Report due January 30, 3003 4. Trip Log annually for 5 years 5. Audit Report (Due 30 days after completion of audit). . ATTACHMENT #1 Regulations, Circulars & Local Procurement Policy 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 18 ..:i," ;~ :- ATTACHMENT #2 Forms Reimbursement Request Monthly Statistical Report Quarterly Report Annual Report Travel Log Mileage/Gas Log 19 , ,\ '1 i I ~\ ORIGINAL CONTRACT BETWEEN AUGUSTA, GEORGIA AND DELTA HOUSE, INC. FOR YEAR 2002 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM THIS AGREEMENT, made and entered into on this ~ day of January, 2002, 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 Ti.tle 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 forthe 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 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 B, and incorporated herein by reference. 2. TERM;'TERMINATION a. The services of the Subrecipient are to commence on January 1, 2002, 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, 2002, 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 1 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 th~ 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 fran 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: (1) 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 practice~, 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 periodshall constitute a breach of this contract for which the Subrecipient may be held in default. 6. SEVERABILITY If any term or condition of this Agreement is found by a court of competent jurisdiction to be void or invalid, such invalidity shall not affect the remaining terms and conditions of this Agreement, Which shall continue in full force and effect. 7. COMPENSATION The Subrecipient shall be paid a total consideration of$ 10,000 for full performance of the services specified under this Agreement. Any cost above this amount shall be the sole responsibility of the Subrecipient. Subrecipient shall submit monthly requests for payments to the Housing and Neighborhood Development (HND) Department. Compensation shall be allowed on a 3 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 the15 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 CFR8), 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. Subrecipient agrees to comply with the uniform administrative requirements specified at 24 CFR 570.502 and 24 CFR 570.610, including: If the Subrecipient is a government agency, OMS Circular A-87, "Principles for Determining Costs Applicable to Grants and Contracts with State, Local and Federally-Recognized Indian Tribal Governments;" OMS Circular A-128, "Audits of State and Local Governments" (implemented at 24 CFR 44); and the sections of 24 CFR 85, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments," specified at 24 CFR 570.502(a). If the Subrecipient is not a government agency, OMB Circular A-122, "Cost Principles for Non-Profit 4 Organizations," or OMB Circular A-21 , "Cost Principles for Educational Institutions," as applicable; and OMB A-11 0, as specified at 24 CFR 570.502(b). 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 shall revert to the Grantee for use in the Community Development Block Grant Program. Program income is . anticipated to be approximately $0. 10. REVERSION OF ASSETS Upon termination of this contract, the Subrecipient shall transfer to the Grantee any CDBG allocated funds on hand at the time of expiration and any. accounts receivable attributable to the use of CDBG funds. In addition, any equipment or 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 exc.ess of $25,000 will be u.s~d to meet one of the national objectives in ~57.0.208 until five years after expiration of this Contract, or:for such longer period of time as dete.rminedto be , appropriate by the Grantee. '1.1. 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 5 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, theSubrecipient 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 availablefor 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 ofthe 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. 6 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, 2003. 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: (1) Records providing a,full description of each activity undertaken; . (2) Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG Program; (3) Records required to determine the eligibility of activities; . (4) Financial records as required by 24 CFR Part 570.502, and OMB Circular A-133; and (5) 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 shalf 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. 7 '. 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 conne~tion 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 8 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. The Subrecipient shall consult Grantee on any procurement to assure conformance with applicable laws, regulations and standards. ,20. . ,OTHER PROVISIONS 'a. Equal Employment Opportunity"' :i 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 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. (2) The Subrecipient will, in all solicitations or advertisements for employees placed by or on behalf of the Subrecipient, state that all qualified applicants will receive consideration for employment without regard to race, creed, religion, sex, age, handicap, disability, sexual orientation, ancestry, national 9 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 of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The Subrecipient will furnish all information and reports required by Executive Orders 11246 of September 24, 1965, as amended, and by rules, regulations, and orders of the Secretary of Labor, or pursuant 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 such rules, regulations, and orders. (6) In the event of the Subrecipient's noncompliance with the nondiscrimination clauses of this Contract or with any of the said rules, regulations, or orders, this Contract may be canceled, terminated, or suspended in whole or in part and the Subrecipient may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures'authorized in Executive Order 11246 of September 24,1965, as amended, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, as amended, or as otherwise provided by law. (7) The Subrecipient will include 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 thatsuch 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. 10 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: (1) Deny any facilities, services, financial aid, or other benefits provided under the program or activity. (2) 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; (3) 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. (4) 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. (5) 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. (6) 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 11 (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 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 oUhe 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 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 12 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 .standardsofthe 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 haz'ards 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 asa 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 13 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 Personsas 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 0, 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 i Actually Displaced by Community. Development Block Grant Activities," and Subrecipient shall provide. all. notices, ' advisory assistance, relocation benefits, and replacement dwelling units as.requireoby 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 14 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 shallJorthwith 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 t966, 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. .1 15 IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first written above. ATTEST: ~: - ~ ~ L a J....;Sonner Clerk-0f- Commission ~~?~..\ 4'" -.., .... '"',. , ATTEST: ,.S EAL /L?/~ , ,Rasa B~ ;/, vialfl to. -5 n"T/'" As its Corporate Secretary AUGUSTA, GEORGIA ~rante: Bob As its DELTA HOUSE, INC. (Subrecipient) BY:' ~d~!kL~ - ~ Chrisitine Miller-Betts As its Executive Director 16 APPENDIX A Project Area The project location is at 1116 Phillips Street, Augusta, Georgia 30901. APPENDIX B Goals, Objectives, 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. The program will assist low income children with basic tutoring in reading, writing, math, history and art using computer technology. This program will provide an opportunity for students to study local and national history. It also provides then the opportunity to sharpen their computer skills while learning and studying art and history. . Community Development Block Grant funds will be used to provide tuition scholarships. APPENDIX C Budget TOTAL $10,000.00 $10,000.00 Tuition Scholarships APPENDIX D Reporting 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, 2002, July 15, 2002, October 15, 2002 and January 15, 2003. 3. Annual Report i 4. Audit Report (Due 30 days after completion of audit). 17 " ATTACHMENT #1 Regulations, Circulars & Local Procurement Policy 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 18 ATTACHMENT #2 Forms Reimbursement Request Monthly Statistical Report Quarterly Report' Annual Report Income Verification 19 ":l;._.:'~ _. -:-7 ORIGINAL CONTRACT BETWEEN AUGUSTA, GEORGIA AND THE SHELTER & ADVOCACY CENTER FOR ABUSED CHILDREN FOR YEAR 2002 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM THIS AGREEMENT, made and entered into on this 1 st day of January , 2002, by and between AUGUSTA, GEORGIA, by and through the Augusta-Richmond County Commission, as the Implementor of the Community Development Block Grant Program (hereinafter referred to as "Grantee"), and THE SHELTER & ADVOCACY CENTER FOR ABUSED CHILDREN, (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: The Shelter Program The purpose of the program is to provide emergency shelter to child victims of 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 8, and incorporated herein by reference. 2. TERM; TERMI~~TION a. The services of the Subre,cipient are to commence on January 1, 2002, and 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, 2002, or until this Agreement is otherwise terminated.- \ ~i' 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-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 2 '- . performance under the terms of this Agreement. 3. KEY PERSONNEL a. Subrecipient shall assign to this Contract the following key personnel: (1) Charlene Sizemore, Pr.esident (2) Mar~; Migliaro 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 Vl(hen services are approved as acceptable by the Grantee in writing. In the event of rejection of any tasks, reports, etc., Subrecipient shall be notified inwriting 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. 3 7. COMPENSATION The Subrecipient shall be paid a total consideration of $5,000.00 for full performance of the services specified under this Agreement. Any <;:ost 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 latefthan 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 offunds 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 Pad 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 use 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 elimipation of slums or blight, or meet urgent community development needs, as defined in the program regulations. Subrecipient agrees to comply with the uniform administrative requirements specified at 24 CFR 570.502 and 24 CFR 570.610, including: . 4 If the Subrecipient is a government agency, OMB Circular A-87, "Principles for Determining Costs Applicable to Grants and Contracts with State, Local and Federally-Recognized Indian Tribal Governments;" OMB Circular A-128, "Audits of State and Local Governments" (implemented at 24 CFR 44); and the sections of 24 CFR 85, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments," specified at 24 CFR 570.502(a). If the Subrecipient is not a government agency, OMB Circular A-122, "Cost Principles for Non-Profit Organizations," or OMB CircularA-21, "Cost Principles for Educational Institutions," as applicable; and OMS A-110, as specified at 24 CFR 570.502(b). 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 shall revert to the Grantee for use in the Community Development Block Grant Program. Program income is anticil?ated to be approximately $0. 10. REVERSION OF ASSETS Upon termination of this contract, the Subrecipient shall transfer to the Grantee any CDBG allocated funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. 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 5 ~ 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 carders 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 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 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. 6 19. GENERAL TERMS AND CONDITIONS a. REPORTS The Subrecipient agrees to submitto 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, 2002. 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: (1) Records providing a full description of each activity undertaken; (2) Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG Program; (3) Records required to determine the eligibility of activities; (4) Financial records as required by 24 CFR Part 570.502, and OMB Circular A-133; and (5) 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 7 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 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. 8 ". . 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 When procuring property, goods and services under $100,000, the Subrecipientshall follow Augusta-Richmond County's procurement procedures which reflects applicable state and local laws and regulations. For purchases of $100,000 or more. federal laws, regulations and standards apply. m.EQUIPMENT AND PERSONAL PROPERTY (1) Use. Equipment and personal property shall be used by the Subrecipient in the program or project for which it was acquired as long as need, whether or not the project or program continues to be supported by Federal funds. (2) Disposition., When no longer needed for the original program project, disposition of any equipment or personal property of any kind shall be determined and approved by the Grantee consistent with provisions of 24 CFR 570.202 and Circular A-110, except (a) hi all cases in which personal property is sold, the proceeds shall be program income, and (b) Personal property not needed by the Subrecipient for CDBG activities shall be transferred to the Grantee for the Community Development program or shall be retained after submitting compensation to the Grantee for the Community Development program, and (c) Compensation for items of equipment or personal property retained , or sold shall be. an amount calculated by multiplying the current market value or proceeds from sale by the. percentage of CDBG funds provided on the original costs of equipment or personal property. . (3) Management and Requirements. Procedures for managing equipment (including replacement equipment) and personal property, whether acquired in whole or in part with grant funds, until disposition takes place shall, as a 9 minimum, meet the following requirements: (a) Written notification must be given to the Housing and Neighborhood Development (HND) Department within seven (7) calendar days after delivery to the Subrecipient of equipment or personal property in order for HND to effect identification and recording for inventory purposes. Property records must be maintained that include a description of the property, a serial number or other identification number, the source of property, who holds title, the acquisition date and cost of the property, percentage of CDBG funds in the cost of the property, the location, use and condition of the property, and any ultimate disposition data including the date of disposal and sale price of the property. (b) A physical inventory of the property must be taken and the results reconciled with the property records at least once a year. (c) A control system must be developed to ensure adequate safeguards , to prevent loss, damage or theft of the property. Any loss, damage or theft shall be investigated by the Subrecipient and reported to the Grantee. (d) Adequate maintenance, procedures must be developed to keep the property in good condition. (e) If the Subrecipient is authorized or required to sell the property, proper sales procedures must be established to ensure the highest possible return. n. OWNERSHIP AND USE' OF REAL PROPERTY (1) Use and Disposition. In accordance with 24 CFR 570.503(a)(8), any real property under the Subrecipient's control that was acquired or improved in whole or in part with CDBG funds shall meet the following requirements: (a) Used to meet one of the national objectives in 24 CFR 570.208 in perpetuity. The Grantee or its designee may, at its discretion, amend the term, but it shall never be less than five years for any real property aGquired or improved in whole or in part using CDBG funds in excess of $25,000; or (b) Disposed of in a manner that results in the Grantee being reimbursed in the amount of the current fair market value of the property less any portion of the value attr,ibutable to expenditures of non-CDBG funds for acquisition, or improvement of the property. (2) Change in Use. In the case of acquisition, or improvement of real property, prior to any change in use of the real property or planned use of any such property (including beneficiaries of such use) from its original approved 10 purposed, the Subrecipient shall notify the Grantee in writing for the Grantee's written prior approval to the change of use. The calculation of any funds ancl/or monies which may be due hereunder as a result of any change in use shall be made at the sole discretion of the Grantee or its designee and this provision shall apply to the property in perpetuity unless the term is amended in writing by the Grantee. (3) Program Benefit. The Subrecipient agrees that the funds, plus any monies contemplated by 24 CFR 570.503(a)(8) shall be returned to the Grantee, if, in the determination of the Grantee, the program benefit requirements for use of real property, are not met by the Subrecipient at any time. The calculation of any funds and/or monies which may be due hereunder shall be determined solely by the Grantee. (4) Grant of Lien. Prior to disbursement of any amount of funds to the Subrecipient for the acquisition, improvement, or disposition of any real property to be used for any use or purpose by the Subrecipient, the Grantee and the Subrecipient shall execute a promissory note and deed to secure debt which shall contain such terms and conditions as the Grantee in its sole discretion shall require. 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 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. (2) The Subrecipient will, in all solicitations or advertisements for employees placed by or on behalf of the Subrecipient, state that all qualified applicants will receive consideration for employment without regard to race, creed, religion, sex, age, handicap, disability, sexual orientation, ancestry, national 11 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 of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The Subrecipient will furnish all information and reports required by Executive Orders 11246 of September 24, 1965, as amended, and by rules, regulations, and orders of the Secretary of Labor, or pursuant 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 or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, as amended, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, as amended, or as otherwise provided by law. (7) The Subrecipient will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor, issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, as amended, so that such provisions will be binding upon each subcontractor or vendor. The Subrecipient will take such action with respect to any subcontract or purchase order as HUD may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event a Subrecipient becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by HUD, the Subrecipient may request the United States to enter into such litigation to protect the interests ofthe United States. 12 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 dire,ctly 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: (1) Deny any facilities, services, financial aid, or other benefits provided under the program or activity. (2) 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. (3) 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. (4) 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. (5) Treat an individual differently from others in determining whether the individual satisfies any admission, enrollment, eligibility, membership, or other requirement pr condition which the individual must meet in order to be provided any facilities, services, or other benefit provided under the program or activity. (6) 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 Subrecipientwill 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 13 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 income residents of the project area, and contracts for work in connection with the project be awarded to business concems 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 contactminority-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, 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 than those prevailing on similar construction in the locality as determined by the Secretary of Labor, 14 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, the Clean Air Act of 1990, the Federal Water Pollution Control Act (33 use 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 15 i' "' --; 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 Subrecipientwill 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 andReal 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 Bor 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 behalfof 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 16 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 c.ertification 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 forProtection 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. 17 IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first written above. ATTEST: ~ By: SEAL THE SHELTER & ADVOCACY CENTER FOR ABUSE CHILDREN (Subrecipient) By:(I~~i~ Charle'ne'S~ emore As its President ATTEST: 0~~a&--- Charm McCal.l-~'-"~ &CO~ite S;;;JJ (Plain Witness) e 18 APPENDIX A Proiect Area The project's location is confidential due to the nature of the program. All correspondence is to be mailed to P.O. Box 30914, Augusta, Georgia 30904. APPENDIX B Goals. Obiectives. and Tasks The purpose of the project is to provide safe, stable housing to children removed from their homes because of abuse and neglect who due to an overburdened foster care system would otherwise have no guarantee of a place to live. To provide the essentials of basic shelter, such as clothing, beds, toilet facilities, utilities, etc. To provide nutritional meals and snacks to all residents. The objectives of this project is to: 1. Employ a full time Housekeeper and a 32 hour a week Facilities Manager 2. Maintain the Shelter in compliance with DHR licensing regulations. 3. Maintain the Shelter in compliance with Fire Department regulations. 4. Maintain the kitchen and pantry areas in compliance with the Health Department. 5. Use only USDA approved menus. 6. Follow food storage and use according to USDA regulations. 7. Purchase and use household supplies necessary for a sanitary residential facility. 8. Utilize regular pest control, especially ant treatments on the playground. 9. Maintain the necessities of basic shelter care by providing electricity, gas, and water consistently to the facility. 19 I'~ APPENDIX C Budqet Utilities $5,000.00 $5,000.00 TOTAL APPENDIX D Reportinq 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, 2002, July 15, 2002, October 15,2002 and January 15, 2003. 3. Annual Report - January 30, 2003. . 4. Audit Report (Due 30 days after completion of audit). 5. Use of Facility Certification - Annually (for projects where improvements were made or property was acquired) . 20 ~.' .. ATTACHMENT #1 ReQulations. Circulars & Local Procurement Policy 1. Cemmunity Development Slock Grant Entitlement Program 24 CFR 570 2. OMS Circular A-122 "Cost Principles for Non-Profit Organizations" 3. OMS Circular A-110 "Grants and Agreements with Institutions of Higher Education, Hospitals, & Other Non-Profit Organizations'~ 4. OMS Circular A-133, "Audits of Institutions of Higher Education and Other Non-Profit Institutions" 5. Augusta-Richmond County Procurement Policy ATTACHMENT #2 Forms Reimbursement Request Monthly Statistical Report Quarterly Report Annual Report Time Sheet Travel Log Inventory 21 ..(~) 2002 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM B-2002-MC-13-0003 . Estimate Entitlement Grant $2,903,000.00 Program Income 80,000.00 Total Funds Available $2,983,000.00 * PROPOSED IDIS# Project # PROJECT- BUDGET $ Acquisition -- 02010 Hope House 50,000.00 Public Facilities & Improvements 02030 Boys & Girls Club 50,000.00 02031 Family Y 100,000.00 02032 Girls Club 1,727.S9 02033 Parks Imp - McDuffie Woods & Meadowbrook 200,000.00 Public Services 020S0 30901 Development Corporation - \NT Johnson 15,000.00 - 020S1 Able DisAbled 20,000.00 02052 Art Factory 6,000.00 02053 Augusta Mini Theatre S,OOO.OO 02054 Augusta Youth Center 36,000.00 02055 Augusta Urban Ministries 10,000.00 020S6 CSRA EOA 20,500.00 020S7 Coordinated Health Services 8,000.00 02058 Golden Harvest Food Bank "Brown Bag" 20,000.00 020S9 Hope House 10,000.00 02060 Housing Authority 20,000.00 02061 JWC Helping Hands 13,SOO.00 02062 Lucy Laney Museum 10,000.00 02063 MACH Tennis & Chess 10,000.00 02064 Neighborhood Improvement Project 10,000.00 02066 Senior Center - Senior Transportation 10,000.00 02067 Shelter & Advocacy for Abused Children 5,000.00 02068 Shiloh Center 21,000.00 Clearance & Demolition I 02040 ARC Land Bank Authority 50,000.00 Rehabilitation 02140 Housing Rehabilitation Program SOO,OOO.OO 02140 Owner-Occupied .375,000 02142 Emergency Grants 50,000 02146 World Changers 75,000 02'147 Transition Center 75,000.00 Economic Development 02181 ED Loan Program 124,000.00 Code E.nforcement 02150 ARC Inspection Department 185,672.41 Special Activities by CaDa 02184 I 30901 Development Corporation (loan) I 400,000.00 02185 ANIC 200,000.00 Repayment of Section 108 Loan Principal - 02190 Olde Town Properties 200,000.00 Program Administration & Planning 02200 ARC Planning Commission . 35,000.00 02210 General Administration 541,600.00 02211 Fair Housing Study Update 20,000.00 TOTAL $2,983,000.00 't: ~ .-.~...",. :(..~... PROPOSED Project # PROJECT BUDGET $ Public Services Augusta Task Force for the Homeless 40,000.00 Catholic Soci~l $,ervices ~. 35,000.00 SAFE Homes 25,000.00 TOTAL $100,000.00 R-UDAG FUNDS ..... 2002 EMERGENCY SHELTER GRANT PROGRAM S-2002-MC-13-0004 Entitlement Grant Estimate $99,000.00 PROPOSED IDlS # Project # PROJECT BUDGET $ 0201 Antioch Ministries 5,823.53 0202 Augusta Task Force for the Homeless 5,823.53 0203 Augusta Urban Ministries 5,823.53 0204 Catholic Social Services 5,823.53 0205 Coordinated Health Services 5,823.53 0206 CSRA EOA 5,823.53 0207 Golden Harvest Food Bank 5,823.53 0208 Good Hope Social Services Ministries 5,823.53 0209 Hale Foundation 5,823.53 0210 Hope House 5,823.53 0211 Interfaith Hospitality 5,823.53 0212 JWC Helping Hands 5,823.53 0213 Light of the World Neighborhood & ED 5,823.53 ,.,... 0214 St. Stephen Ministries 5,823.53 0215 SAFE Homes . 5,823.53 0216 Salvation Army 5,823.53 0217 Transition Center 5,823.52 TOTAL ~99,00O.00 .'. < 6 ) 1 I ;./ "J ORIGINAL CONTRACT BETWEEN AUGUSTA, GEORGIA AND BOYS AND GIRLS CLUBS OF AUGUSTA, INC. YEAR 2002 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM THIS AGREEMENT, made and entered into on this ~ day of January, 2002, 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 BOYS AND GIRLS CLUBS 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 ProjE7ct 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: "Harrisburg Youth IndoorRecreationallmprovements" The pt;Jrpose for th~'F?roject is to make interior improvements to the Edward W. Hagler Boys and Girls Club. The Subrecipient shall do, perform, and carry out, in a satisfactory manner, as determined by the Grantee,\!he 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, 2002, and 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, 2002, 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-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 J . . ~ '; 3. KEY PERSONNEL a. Subrecipient shall assign to this Contract the following key personnel: (1) Armen S. Boyajian, Resource Development Director (2) Jerry Noland, 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 $50,000 for full performance of the services specified under this Agreement. Any cost above this amount shall be the sole responsibility of the 3 ii . " 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 thisAgreement shall be in accordance with the requirements of the Housing and Community Development Act of 1974 (as amended), 24 CFRPart 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. Subrecipient agrees to comply with the uniform administrative requirements specified at 24 CFR 570.502 and 24 CFR 570.610, including: . ! If the Subrecipient is a government agency, OMB Circular A-87, "Principles for Determining Costs Applicable to Grants and Contracts with State, Local and Federally-Recognized Indian Tribal Governments;" OMB Circular A-128, "Audits of State and Local Governments" (implemented at 24 CFR 44); and the sections of 24 CFR 85, "Uniform Administrative Requirements for Grants and 4 .~ . ~ , Cooperative Agreements to State and Local Governments," specified at 24 CFR 570.502(a). If the Subrecipient is not a government agency, OMS Circular A-122, "Cost Principles for Non-Profit Organizations," or OMB Circular A-21 , "CostPrinciples for Educational Institutions," OMB Circular A-133, "Audits of Institutions of Higher Education and Other Non-Profit Institutions," as applicable; and OMB A-11 0, as specified at 24 CFR 570.502(b). 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 shall revert to the Grantee for use in the Community Development Block Grant Program. Program income is anticipated to be approximately $0. 10. REVERSION OF ASSETS Upon termination of this contract, the Subrecipient shall transfer to the Grantee any CDBG allocated funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. 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 s.ufficient insurance ~overage to protect contract assets from loss due to theft, fraud and/or undue physical damage, arid 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, 5 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 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 agreemen.t 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. 6 . . 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 r have participated in, or. benefited from the project, and to submit this information to the Grantee by January 30, 2003. 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: (1) Records providing a full description of each activity undertaken; (2) Records demonstrating that each activity undertaken meets one of the National Objectives of the COSG Program; (3) Records required to determine the eligibility of activities; (4) Financial records as required by 24 CFR Part 570.502, and OMS Circular A-133; and (5) 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 thatthe 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 7 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 furtherfair 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 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 RehabilitationAct 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. 8 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 When procuring property, goods and services under $1 00,000, the Subrecipient shall follow Augusta-Richmond County's procurement procedures which reflects applicable state and local laws and regulations. For purchases of $100,000 or more. federal laws, regulations and standards apply. m. EQUIPMENT AND PERSONAL PROPERTY (1) Use. Equipment and personal property shall be used by the Subrecipient in the program or project for which it was acquired as long as need, whether or not the project or program continues to be supported by Federal funds. (2) Disposition. When no longer needed for the original program project, disposition of any equipment or personal property of any kind shall be determined and approved by the Grantee consistent with provisions of 24 CFR 570.202 and Circular A-110, except (a) In all cases in which personal property is sold, the proceeds shall be program income, and (b) Personal property not needed by the Subrecipient for CDBG activities shall be transferred to the Grantee for the Community Development program or shall be retained after submitting compensation to the Grantee for the Community Development program, and (c) Compensation for items of equipment or personal property retained or sold shall be an amount calculated by multiplying the current market value or proceeds from sale by the percentage of CDBG funds provided on the original costs of equipment or personal property;-:. . 9 (3) Management and Requirements. Procedures for managing equipment (including replacement equipment) and personal property, whether acquired in whole or in part with grant funds, until disposition takes place shall, as a minimum, meet the following requirements: (a) Written notification must be given to the Housing and Neighborhood Development (HND) Department within seven (7) calendar days after delivery to the Subrecipient of equipment or personal property in order for HND to effect identification and recording for inventory purposes. Property records must be maintained that include a description of the property, a serial number or other identification number, the source of property, who holds title, the acquisition date and cost of the property, percentage of CDBG funds in the cost of the property, the location, use and condition of the property, and any ultimate disposition data including the date of disposal and sale price of the property. (b) A physical inventory of the property must be taken and the results reconciled with the property records at least once a year. (c) A control system must be developed to ensure adequate safeguards to prevent loss, damage or theft of the property. Any loss, damage or theft shall be investigated by the Subrecipient and reported to the Grantee. (d) Adequate maintenance procedures must be developed to keep the property in good condition. (e) If the Subrecipient is authorized or required to sell the property, proper sales procedures must be established to ensure the highest possible return. n. OWNERSHIP AND USE OF REAL PROPERTY (1) Use and Disposition. In accordance with 24 CFR 570.503(a)(8), any real property under the Subrecipient's control that was acquired or improved in whole or in part with CDBG funds shall meet the following requirements: (a) Such real property must be used to meet one of the national objectives in 24 CFR 570.208 for a period of five years immediately following the expiration of the term of this Agreement; or (b) If such real property is not used in accordance with subsection (n)(1 )(a), next above, during the five-year period immediately following the expiration of the term of this Agreement, the Grantee shall be reimbursed in the amount of the current fair market value of such real property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition, or improvement of such real property. 10 ~; . (2) Change in Use. In the case of acquisition or improvement of real property, prior to any change in use of the real property or planned use of any such property (including beneficiaries of such use) from its original approved purpose at any time during the five-year period immediately following the expiration of the term of this Agreement, the Subrecipient shall notify the Grantee in writing for the Grantee's written prior approval to the change of use. The calculation of any funds and/or monies which may be due hereunder as a result of any change in use during such five-year period shall be made at the sole discretion of the Grantee or its designee. (3) Program Benefit. The Subrecipient agrees that the funds, plus any monies contemplated by 24 CFR 570.503(a)(8) shall be returned to the Grantee, if, in the determination of the Grantee, the program benefit requirements for use of real property are not met by the Subrecipient at any time during the five-year period immediately following the expiration of the term of this Agreement. The calculation of any funds and/or monies which may be due hereunder shall be determined solely by the Grantee. (4) Grant of Lien. Prior to disbursement of any amount of funds to the Subrecipient for the acquisition, improvement, or disposition of any real property to be used for any use or purpose by the Subrecipient, the Grantee and the Subrecipient shall execute a promissory note and deed to secwe debt which shall contain such terms and conditions as the Grantee in its sole discretion shall require. 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 of compensation, and' s~lection 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. 11 (2) The Subrecipient will, in all solicitations or advertisements for employees placed by or on behalf of the Subrecipient, state that all qualified applicants will receive consideration for employment without regard to race, creed, religion, sex, age, handicap, disability, sexual orientation, ancestry, national origin, marital status, or any other basis prohibited by applicable law. (3) The Subrecipient will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Subrecipient's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The Subrecipient will comply with all provisions of Executive Order 11246, Equal Employment Opportunity, of September 24, 1965, as amended by Executive Orders 11375, and 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. (5) The Subrecipient will furnish all information and reports required by Executive Orders 11246 of September 24, 1965, as amended, and by rules, regulations, and orders of the Secretary of labor, or pursuant 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 or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, as amended, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, as amended, or as otherwise provided by law. (7) The Subrecipient will include the portion of the sentence immediately preceding paragraph (1 ) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor, issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, as amended, so that such provisions will be binding upon each subcontractor or vendor. The Subrecipient will take such action with respect to any subcontract or purchase order as HUD may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event a Subrecipient becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by HUD, the 12 . , 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: (1) Deny any facilities, services, financial aid, or other benefits provided under the program or activity. (2) 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. (3) 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. (4) . 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. (5) 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. (6) 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. 13 ; '1 . > The Subrecipientwill 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 concems 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 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 14 , - to journeyworkers. Under the terms of the Davis-Bacon Act, as ~mended, 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 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. 15 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 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, 16 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 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 tq this Contract, except where it is here'in specifically provided to the contrary. Subrecipient shall provide the scope of services in accordance with the schedule set forth in Appendix B. 17 . , IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first written above. ATTEST: AUGUSTA. GEORGIA (Grantee) .,-<:: ~ ~ft: ~ bYe g At!S May - -="r\"I"-"'r. G'" :;.>\ ~.J I 11l~ l; ~ .~:- S"~E~-A-c.[. ~ '-7.. ~-- "\ . - ,~ ~ ~ ~- ""'.. ~~"' ~-....~ . ...,~ '"::, V' '1- ~ p ~ ,\.: 'r.", '. /.- -: [ r. "~~~ ~-:~,' '_ <> ~r"l - l!I~;;' -, -,-.. -~-.- ATTEST: BOYS AND GIRLS CLUBS OF AUGUSTA. INC. (Subrecipient) SEAL By: ~ L~#- ugh Hamilton,Jr. As its President aei{Ovwe . Cheryl eek As its Corporate Secretary (Plain Witness) 18 . ., .. .) APPENDIX A Project Area The project location is 1903 Division Street, Augusta, Georgia. APPENDIX B Goals, Obiectives, and Tasks .The Boys and Girls Clubs of Augusta was formed in 1951 by Edward W. Hagler. The mission is to produce youths that demonstrate leadership, character, healthiness and career potential. The focus is on self-esteem and self-reliance, especially for lower income disadvantaged or at-risk youths. .Youths are provided educational, physical fitness and character building activities as an alternative to the streets. Programs and activities offered at the center include a Computer Resource Center, Smart Moves - a substance abuse prevention program, health and physical education, social recreation such as game rooms, computer games and video tapes, outdoor and environmental education such as nature trips. The purpose of this project is to make improvements to the interior of the club that serves low income youths in the Harrisburg neighborhood. It is estimated that approximately 1,353 low income youths will participate in the activities at the club. CDBG funds will be used to fund a portion of the improvements to include resurfacing of gym floor, addition of windows in gym, painting, lighting, HVAC ducts, exercise equipment and replacement of basketball goals. Total construction costs are estimated to be $243,650. Construction is scheduled to begin during 2002 and be completed by December 31,2002. APPENDIX C Budaet Construction $50,000 19 ?~ APPENDIX D ReportinQ 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, 2002, July 15, 2002, October 15, 2002 and January 15, 2003. 3. Annual Report - January 30, 2003. 4. Audit Report (Due 30 days after completion of audit). 5. Use of Facility Certification - Annually for five (5) years ATTACHMENT #1 ReQulations. Circulars & Local Procurement Policy 1. Community Development Block Grant Entitlement Program 24 CFR 570 2. OMB Circular A-122 "Cost Principles for Non-Profit Organizations" 300MB 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 ATTACHMENT #2 Forms · Reimbursement Request · Monthly Statistical Report · Quarterly Report · AnnualReport · Use of Facility 20 ~~. tt,' :i: -. " " OR\G\~p..\. CONTRACT BETWEEN AUGUSTA, GEORGIA AND ABLE-DISABLED, INC. FOR YEAR 2002 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM THIS AGREEMENT, made and entered into onthis ~ day of January, 2002, 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., (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 Grcmt, 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 partie~ 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: "VOUCHER TRANSPORTATION SERVICES" 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. G 2. TERM; TERMINATION a. The services of the Subrecipient are to commence 'on January 1, 2002, 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, 2002 ,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 , . 1 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 HUDto 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 performanc~ under the terms of this Agreement. 2 3. KEY PERSONNEL a. Subrecipient shall assign to this Contract the following key personnel: (1) Judith A. Winters, Project Manager (2) Keisha Scarboro; 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 Dir~ctor 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 periodshall 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$ 20,000 for full performance of the services specified under this Agreement. Any cost above this amount shall be the sole responsibility of the Subrecipient. Subrecipient shall submit monthly requests for payments to the Housing and 3 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 reim.bursement 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 the15 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. Subrecipient agrees to comply with the Uniform administrative requirements specified at 24 CFR 570.502 and 24 CFR 570.610, including: . If the Subrecipient is a government agency; OMB Circular A-87, "Principles for Determining Costs Applicable to Grants and Contracts with State, Local and Federally-Recognized Indian Tribal Governments;" OMB Circular A-128, "Audits of State and Local Governments" (implemented at 24 CFR 44); and the sections of 24 CFR 85, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments," specified at 24 CFR 570.502(a). If the 4 Subrecipient is not a government agency, OMB Circular A-122, "Cost Principles for Non-Profit Organizations," or OMB Circular A-21 , "Cost Principles for Educational Institutions," as applicable; and OMB A-110,.as specified at 24 CFR 570.502(b). 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 shall revert to the Grantee for use in the Community Development Block Grant progra'm. Program income is anticipated to be approximately $0. 10. REVERSION OF ASSETS Upon termination of this contract, the Subrecipient shall transfer to the Grantee any CDBG allocated fLinds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. In addition, any equipment or 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 5 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 i{1surance coverage for the other named insureds. No insurance policy providing any insurance coverage required to be provided by Subrecipient hereunde( 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 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. 6 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, 2003. 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: (1) Records providing a full description of each activity undertaken; (2) Records demonstratin-g that each activity undertaken meets one of the National Objectives of the CDBG Program; (3) Records required to determine the eligibility of activities; (4) Financial records as required by 24 CFR Part 570.502, and OMB Circular A-133; and (5) 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 riot 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 7 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 Actof 1973 (29 USC 794) (and the implementing regulations at 24 CFR8), 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. 8 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. 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. The Subrecipient shall consult Grantee on any procurement to assure conformance with applicable laws, regulations and standards. 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 Subr~cipient 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. (2) The Subrecipient will, in all solicitations or advertisements for employees placed by' or on behalf of the Subrecipient, state that all qualified applicants will receive consideration for employment without regard to race, creed, religion, sex, age, handicap, disability, sexual orientation, ancestry, national origin, marital status, or any other basis prohibited by applicable law. 9 (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 Subrecipientwill 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. (5) The Subrecipient will furnish all information and reports required by Executive Orders 11246 of September 24, 1965, as amended, and by rules, regulations, and orders of the Secretary of Labor, or pursuant 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 or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, as amended, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, as amended, or as otherwise provided by law. (7) The Subrecipient will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor, issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, as amended, so that such provisions will be binding upon each subcontractor or vendor. The Subrecipient will take such action with respect to any subcontract or purchase order as HUD may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event a Subrecipient becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by HUD. the Subrecipient may request the United States to enter into such litigation to protect the interests of the United States. b. Equal Opportunity, in Participation Under the terms of Section 109 of the Housing and Community Development Act of 1974, and in conformance with Grantee policy and all requirements imposed by 10 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: (1) Deny any facilities, services, financial aid, or other benefits provided under the program or activity. (2) 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. (3) 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. (4) 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. ' (5) 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. . (6) 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 sumamed 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 Housing Act (42 USC 3601-20). In accordance with Grantee Policy and Title VI of the Civil Rights Act of 1964 (PL88-352), 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 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 12 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 a'nd 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 fLuids 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 1 06 of the Act to comply with the requirements of subparagraph (1). 13 I. Acquisition, Rehabilitation, and Demolition of Real Property and Displacement of Persons and Businesses Subrecipient will comply with the "Grantee's Community D~velopment 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 ~est 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 14 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 corr~ctly 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 Preseivatibn 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 ahd seals as of the date first written above. ATTEST: . .,~--~..."'I;'_.-.'~..... ~BY: v'\ ~, ;::-?,~-\~ _ ~ J6 /- , . - ATTEST: SEAL ~.~~~ . (Plain Witn SS ABLE-disABLED, INC. (Subrecipient) 16 APPENDIX A Project Area The project location is at Walton Options, 948 Walton Way, Augusta, Georgia 30903. APPENDIX B Goals, Objectives, and Tasks The purpose of this program is to provide transportation assistance to individuals with physical handicaps. Persons with disabilities are in great need of accessible transportation during non- business hours at affordable costs. , . It is the goal of the Voucher Transportation Service to help bring the community inclusion to a segment of our community that does not have it now. Program will give an opportunity for those citizens to have access to purchase commodities and live their lives to the fullest. This is a creative way for the private and public sector-of our community to join forces to give people the opportunity to get around the CSRA. Community Development Block Grant (CDBG) funds will be used to pay the cost of transportation for mileage at 34.5 cents per mile, salary and supplies. The agency will issue Voucher Coupons to approximately thirty-six persons with disabilities. Subrecipient shall maintain a log for each trip to include date of trip, riders' name, trip origin, destination, purpose, fee charged. 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. This information is to be submitted to Grantee on a monthly basis. TOTAL APPENDIX C Budget $ 18,000.00 $ 1,000.00 $ 1,000.00 $20,000.00 Mileage at 34.5 cents per mile Office Supplies and Printing Costs Clerical Support for Project Manager 17 APPENDIX D Reporting 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 Re'ports Due April 15, 2002, July 15, 2002, October 15, 2002 and January 15, 2003. 3. Annual Report 4. Audit Report (Due 30 days after completion of audit). ATTACHMENT #1 Regulations, Circulars & Local Procurement Policy 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" 400MB Circular A-133, "Audits of Institutions of Higher Education and Other Nm-Profit Institutions" 5. Augusta-Richmond County Procurement Policy 18 ATTACHMENT #2 Forms Reimbursement Request Monthly Statistical Report Quarterly Report Annual Report Income Verification 19 1. .. CONTRACT BETWEEN AUGUSTA, GEORGIA AND SENIOR CITIZENS COUNCIL OF GREATER AUGUSTA AND THE CSRA, GEORGIA, INC. FOR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM THIS AGREEMENT, made and entered into onthis 15th day of January, 2002, by and between AUGUSTA, GEORGIA, by and thrqugh 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 is the recipient of Urban Development Action Grant (UDAG) funds under the CDBG program 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 the Act, UDAG funds have been administered and distributed by Grantee . and repaid to Grantee such that the repaid monies constitute Recaptured UDAG funds, and, WHEREAS, chapter two (2) of the U.S. Department of Housing and Neighborhood Development Handbook 6511.02 REV-1, entitled "Urban DevelopmentAction Grant Closeout Procedures" directs that such recaptured UDAG funds be dispersed according to Part 570 Subpart G of the CDBG regulations and Part 570 Subpart D of the UDAG regulations, and WHEREAS, those recaptured UDAG funds designated by this Agreement in Appendix C are to be used, as described in Appendix B, for activities as described under Part 105 and Part 119 of the Act and are thus included as eligible activities supporting economic recovery under the Act, 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 SENIOR CENTER NUTRITION PROGRAM. 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 comrrienceon January 15, 2002, 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 January 15, 2003 , 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 be,st 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 2 .' performance under the terms of this Agreement. 3. KEY PERSONNEL a. Subrecipient shall assign to this Contract the following key personnel: (1) Ronald Schoeffler, 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 periodshall 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 3 The Subrecipient shall be paid a total consideration of$ 85,000 for full performance of the services . specified under this Agreement. Any cost above this amount shall be the sole responsibility of the Subrecipient. Subrecipient shall submit monthly requests for 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 su~ject 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 the15 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. Subrecipient agrees to comply with the uniform administrative requirements specified at 24 CFR 4 570.502 and 24 CFR 570.610, including: If the Subrecipient is a government agency, OMB Circular A-87, "Principles for Determining Costs Applicable to Grants and Contracts with State, Local and Federally-Recognized Indian Tribal Governments;" OMB Circular A-128, "Audits of State and Local Governments" (implemented at 24 CFR 44); and the sections of 24 CFR 85, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments," specified at 24 CFR 570.502(a). If the Subrecipient is not a government agency, OMB Circular A-122, "Cost Principles for Non-Profit Organiz.ations," or OMB Circular A-21, "Cost Principles for Educational Institutions," as applicable; and OMB A-110, as specified at 24 CFR 570.502(b). 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 shall revert to . the Grantee for use in the Community Development Block Grant Program. Program income is anticipated to be approximately $0. 10. REVERSION OF ASSETS Upon termination of this contract, the Subrecipient shall transfer to the Grantee any CDBG allocated funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. In addition, any equipment or 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 Subrecipiemt'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 5 ;J 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 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 6 .\ :. ;, 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 s~owing 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 15, 2003. 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: (1) Records providing a full description of each activity undertaken; (2) Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG Program; (3) Records requir~d to det,ermine the eligibility of activities; , (4) Financial records as required by 24 CFR Part 570.502, and OMB Circular A-133; and . (5) 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 documel"1t 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 obtainan 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 7 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. CONFLlCTOF 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 8 The Subrecipient he'reby 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 9FR 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. The Subrecipient shall consult Grantee on any procurement to assure conformance with applicable laws, regulations and standards. 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 nc;m-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 jaw. 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 9 " ~ compensation, and selection for training including apprenticeship. The Subrecipient ~gr:.ees to post in conspicuous. places, available to employees and applicants .fbr employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The Subrecipient will, in all solicitations or advertisements for employees placed by or on behalf of the Subrecipient, state that all qualified applicants will receive consideration for employment without regard to race, creed, religion, sex, age, handicap, disability, sexual orientation, ancestry, national origin, marital status, or any other basis prohibited by applicable law. (3) The Subrecipient will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Subrecipient's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The Subrecipient will comply with all provisions of Executive Order 11246, Equal Employment Opportunity, of September 24, 1965, as amended by Executive Orders 11375, and 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. (5) The Subrecipient will furnish all information and reports required by Executive Orders 11246 of September 24, 1965, as amended, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to its books, records, and accounts by HUD and the Secretary of Labor for purpos.es of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the Subrecipient's noncompliance with the nondiscrimimtion 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 feoerally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, as amended, an9 such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, as amended, or as otherwise provided by law. (7) The Subrecipient will include 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 thatsuch 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, 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 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: (1) Deny any facilities, services, financial aid, or other benefits provided under the program or activity. (2) 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. (3) 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. (4) 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. (5) 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. (6) Deny any person with the legal right to work an opportunity to participate in a program or activity as an employee. 11 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 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, leas'e, 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 mannerto 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 12 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 construct,i.on work wages.at rates not less than those prevailing on similar construction in the locality as deterrnined 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 yvhich 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 theSubrecipient 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 t,he 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 13 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 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 infiuence an officer or employee of any agency, a Member of Congress, an officer or employee of Congre,ss, or an employee of a Member of Congress in connection with the awarding of any Fe<;leral 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; 14 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 orentered 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: ""'------ '" , .... ~'-'-'t ,-(.\ "\ - ..- .... '- .... '- .' . '.......... ATTEST: SEAL \~~~~~\}) ~ Hester S. Bliven As its Corporate Secretary G '-.-A f': , . AUGUSTA, GEORGIA Grantee) SENIOR CITIZENS COUNCIL OF GREATER AUGUSTA AND THE CSRA GEORGIA, INC. {.1~~~.f:4.Y!;':tl~?ie~ r-~k~h:~r~D~~::~ C~untt~t G~;;~;.':::;Z1 . ;-", 'M~rCpm,u1!i;.;ion E;;P;;~'3S Feb. '.T: 2~:yj3 16 By: 0, b\LW Ronald W. Schoeffler As its Executive Director APPENDIX A Project Area The main office of the agency is located at 535 15th Street, Augusta, Georgia. Seniors will served at the following facilities: Bell Terrace Senior Center, 2456 Golden Camp Road, Augusta, Georgia Hephzibah/Blythe Senior Center, 368 Windsor Spring Road, Hephzibah, Georgia McBean-Senior Center, Mike Padgett Highway, McBean, Georgia Savannah Place Senior Center, 1014 Eleventh Street, Augusta, Georgia Senior Citize'n Center, 535 15th Street, Augusta, Georgia i APPENDIX B Goals, Objectives, 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 Nutrition Program is to provide 90+ of low and moderate- income elderly persons with nutrition. The nutrition program will include the delivery of meals to homebound seniors who are physically unabl~ to travel to the Senior Centers on a daily basis. 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 . '. APPENDIX C Budget Salaries Employer FICA Fringe Cost of Food Mileage Reimbursement. Office Supplies Telephone Gasoline and Oil Indirect Costs $ 7,062.00 5~0.00 566.00 68,672.00 2,820.00 500.00 216.00 1,800.00 2,824.00 TOTAL $ 85,000.00 APPENDIX D Reporting 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, 2002, July 15, 2002, October 15, 2002 and January 15, 2003. 3. Annual Report due February 28, 2003. 4. Audit Report (Due 30 days after completion of audit). ATTACHMENT #1 Regulations, Circulars & Local Procurement Policy 1. Community Development Block Grant Entitlement Program 24 CFR 570 2. OMB Circular A-122 "Cost Principles for Non-Profit Organizations" 300MB 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 18 .. ATTACHMENT #2 Forms Reimbursement Request Monthly Statistical Report Quarterly Report Annual Report Travel Log Mileage/Gas Log 19 . ORIGINAL CONTRACT BETWEEN AUGUSTA, GEORGIA AND AUGUSTA MINI THEATRE, INC. FOR YEAR 2002 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM THIS AGREEMENT, made and entered intoonthis ~ day of January, 2002, 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 THEATRE, INc~ (hereinafter referred to as the "Subrecipient"). WHEREAS, the Grantee has received a Community Development Block Graflt 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 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 1,2002, 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, 2002, 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 1 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: (1 ) (2) Tyrone J. Butier Judith S. 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 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 theSubrecipient 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 $ 5,000 for full performance of the services specified under this Agreement. Any cost above this amount shall be the sole responsibility of the Subrecipient. Subrecipient shall submit monthly requests for payments to the Housing and 3 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 the15 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 CFRPart570and 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 (29USC 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 d~signed 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. Subrecipient agrees to comply with the uniform administrative requirements specified at 24 CFR 570.502 and 24 CFR 570.610, including: If the Subrecipient is a government agency, OMB Circular A-87, "Principles for Determining Costs Applicable to Grants and Contracts with State, Local and Federally-Recognized Indian Tribal Governments;" OMB Circular A-'128, "Audits of State and Local Governments" (implemented at 24 CFR44); and the sections of 24 CFR 85, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments," specified at 24 CFR 570.502(a). If the 4 Subrecipient is not a government agency, OMB Circular A-122, "Cost Principles for Non-Profit Organizations," or OMB Circular A-21 , "Cost Principles for Educational Institutions," as applicable; and OMB A-11 0, as specified at 24 CFR 570.502(b). 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 shall revert to the Grantee for use in the Community Development Block Grant Program. Program income is anticipated to be approximately $0. 10. REVERSION OF ASSETS Upon termination of this contract, the Subrecipient shall transfer to the Grantee any CDBG allocated funds on hand at the time of expiration and any Ciccounts receivable attributable to the use of CDBG funds. In addition, any equipment or 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 exce,ssof $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. 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 aqvance 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 wiil 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 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. 6 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, 2003. 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: (1 ) (2) (3) (4) (5) Records providing a full'description of each activity undertaken; Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG Program; Records required to determine the eligibility of activities; Financial records as required by 24 CFR Part 570.502, and OMB Circular A-133; and ,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. 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 ,7 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:safegiJards 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, direcfor 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. 8 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 procurecj with funds provided herein. The Subrecipient shall consult Grantee on any procurement to assure conformance with applicable laws, regulations and standards: 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 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. (2) The Subrecipierit 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. 9 (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 of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The Subrecipient will furnish all information and reports required by Executive Orders 11246 of September 24, 1965, as amended, and by rules, regulations, and orders of the Secretary of Labor, or pursuant 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 or federally assisted construction contracts in accordance with 'procedures authorized in Executive Order 11246 of September 24, 1965, as amended, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, as amended" or as otherwise. provided by law. (7) The Subrecipient will include 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 thatsuch 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 Subrecipientmay 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 10 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: (1) Deny any facilities, services, financial aid, or other benefits provided under the program or activity. (2) 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. '(3) 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. (4) 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. (5) 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. (6) 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 concems 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 (PL88.;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, COIOf, 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 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. 12 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 proviced 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). TheSubrecipientshall comply with and require each subcontractor to comply with all applicable standards of the Clean Air Act of 1970 (42 USC 1857et 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 hazardslunder 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 attempUo 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). 13 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 busines!) 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,aMember 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 14 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: .,--. "'-c::...~....::- - 'S \ a ~eonn~( ,. \,Clerk,of Commission .' ~ ~~~~-----~ ' r--,,",- ~:i. "\ , ' . "" ~ t-: .t.. i' ,t __ ~ 4 ATTEST: SEAL J;/ M Norma W. Delley As its Corporate Secretary ~~/~ (Plain Witness) ~. By: ~ 16 AUGUSTA MINI THEATRE, INC. (Subrecipient) ~B~ As its President ., APPENDIX A Project Area The project location is, 430 8th Street, Augusta, Georgia 30901. APPENDIX B Goals, Objectives, and Tasks 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 learning skills in recitals and performs 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 Theatre 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 citizel"ls. APPENDIX C Budget Tuition Scholarships TOTAL $ 5,000.00 $ 5,000.00 APPENDIX D Reporting 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, 2002, July 15, 2002, October 15, 2002 and January 15, 2003. 3. Annual Report 4. Audit Report (Due 30 days ~fter completion of audit). 17 ,- .. ATTACHMENT #1 Regulations, Circulars & Local Procurement Policy 1. Community Development Block Grant Entitlement Program 24 CFR 570 200MB 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. OMB Circular A-133, "Audits of Institutions of Higher Ed LCation , and Other Non-Profit Institutions" 5. Augusta-Richmond County Procurement Policy 18 ~ .; :,. ATTACHMENT #2 Forms Reimbursement Request Monthly Statistical Report Quarterly Report Annual Report Time Sheet Income Verification 19 ORIGINAL CONTRACT BETWEEN AUGUSTA, GEORGIA AND HOPE HOUSE, INC. FOR YEAR 2002.COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Tt-;lIS'AGREEMENT, made and entered iDto on this 1st day of January, 2002, by and between A~GUSTA, 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 HOPE 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 Hope House, Inc. which provides recovery residence to single females who has be~n detoxed and has no significant medical problems. It provides transitional housing for women in' recovery 365 days a year. 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, 2002, 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, 2002, 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 1 ..; 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 r, 3. KEY PERSONNEL a. Subrecipient shall assign to this Contract the following key personnel: (1) Elizabeth Jones, 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$ 10,000 for full performance of the services specified under this Agreement. Any cost above this amount shall be the sole responsibility of the Subrecipient. Subrecipient shall submit monthly requests for payments to the Housing and Neighborhood Development (HND) Department. Compensation shall be allowed on a 3 'I' 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 the15 day of each calendar month for work performed during the preceding calendar month. The Subrecipientshall 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 Cor:nmunity 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 CER 58), the National Historic Preservation Act of 1966 as amended (16 USC 47'0), 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 USC61 01) (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. Subrecipient agrees to comply with the uniform administrative requirements specified at 24 CFR 570.502 and 24 CFR 570.610, including: If the Subrecipient is a government agency, OMB Circular A-87, "Principles for Determining Costs Applicable to Grants and Contracts with State, Local and Federally-Recognized Indian Tribal Governments;" OMB Circular A-128, "Audits of State and Local Governments"(implemented at 24 CFR 44); and the sections of 24 CFR 85, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments," specified at 24 CFR 570.502(a). If the Subrecipient is not a government agency, OMB Circular A-122, "Cost Principles for Non-Profit 4 Organizations," or OMB Circular A-21 , "Cost Principles for Educational Institutions," as applicable; and OMB A-110, as specified at 24 CFR 570.502(b). 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 shall revert to the Grantee for use in the Community Development Block Grant Program. Program income is anticipated to be approximately $0., . 10. REVERSION OF ASSETS Upon termination of this contract, the Subrecipient shall transfer to the Grantee any CDBG allocated funds on hand at the time of expiration and any accounts receivable attributable to the ,use of CDBG funds. In addition, any equipment or 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 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 5 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. 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. 6 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, 2003. 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: (1 ) (2) h (3) (4) .(5) Records providing.a full description of each activity undertaken; Records demonstrating that each activity undertaken meets. one of the. National Objectives ofthe CDBG Program; Records required to determine the eligibility of activities; Financial records as required by 24 CFR Part 570.502, and OMB;Circular A-133; and Other records necessary to document compliance with Subpart K of24 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 7 .' 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 asan 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 Agre,ement 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 theSubrecipient. 8 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. The Subrecipient shall consult Grantee on any procurement to assure conformance with applicable laws, regulations, and standards. 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 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. (2) The Subrecipient will, in all solicitations or advertisements for employees . placed by or on behalf of the Subrecipient, state that all qualified applicants will receive consideration for employment without regard to race, creed, religion, sex, age, handicap, disability, sexual orientation, ancestry, national origin, marital status, or any other basis prohibited by applicable law. 9 (3) (4) (5) 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. 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. 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. (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 theSubrecipient may be declared ineligible for further Government .. , . contracts or .federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, as amended, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, as amended, or as otherwise provided by law. . (7) The Subrecipient will include 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 win 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 10 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: (1) Deny any facilities, services, financial aid, or other benefits provided under the program or activity. (2) 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. (3) 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. (4) 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. (5) 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. (6) 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 tenn "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 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. 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 TitleVlof 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 GranteePolicy 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-Iease'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 .. than those prevailing on similar construGtion 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. 12 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. i';. 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 24CFR 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). 13 I. Acquisition, Rehabilitation, and Demolition of Real Property and Displacementof 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 p'aid 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 14 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. 0.. 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. 15 IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first written above. ~: ~USTA' GEORGIA r Grantee) ., V-' Bo Asi ATTEST: '~ ,..,--..-_....--~ r , , ... 0'if\7;"\'- f .. ;." 'S EAL ...By: HOPE HOUSE, INC. (Subrecipient) iffom As its President l ATTEST: ~~eg~. As itsC rporate Secretary 16 APPENDIX A Project Area The project Hope House I is located at 2542 Milledgeville Road and Hope House II is located at 3212 Wrightsboro Road. APPENDIX B Goals, Objectives, and Tasks Hope House, Inc is a private, nonprofit therapeutic recovery residence open to any single female who has been detoxed, who has no significant medical problems or severe mental health problems (excluding chemical dependence), and who has an honest desire to remain clean and sober. The program is designed to overcome the'risk factors that prohibit a female who has completed the recovery program from reentering society. as a productive individual. Hope House I provide room and board for up to 12 women. Hope House II can house up to 10 women with their chil,dren. Community Development Block Grant funds will be used to purchase food only. APPENDIX C Budget Food $10,000.00 $10,000.00 TOTAL APPENDIX D Reporting Requirements The Subrecipient shall submit to the Grantee the following reports for the te~m of this agreement. 1. Monthly Statistical Reports - Due each month by the 15th for the previous month. 2. Quarterly Progress Reports Due April 15, 2002, July 15, 2002, October 15, 2002 and January 15, 2003. 3. Annual Report 4. Audit Report (Due 30 days after completion of audit). 17 ,. :\ ATTACHMENT #1 Regulations, Circulars & Local Procurement Policy 1. Community Development Block Grant Entitlement Program 24 CFR 570 2. OMB Circular A-122 "Cost Principles for Non-Profit Organizations" 300MB Circular A-11 0 "Grants and Agreements with In~titutions of Higher Education, Hospitals, & Other Non-Profit Organiza~ions" 400MB Circular A-133, "Audits oflnstitutions of Higher Education and Other Non-Profit Institutions" 5. Augusta-Richmond County Procurement Policy 18 :, ." ~- '.. ATTACHMENT #2 Forms Reimbursement Request Monthly Statistical Report Quarterly Report Annual Report 19 ;?,..~ .:.:.... ..... F,.'i' ~, . -. CONTRACT BETWEEN AUGUSTA, GEORGIA AND MACH Academy of Tennis & Chess, INC. FOR YEAR 2002 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM ORIGINAL THIS AGREEMENT, made and entered into onthis ~ day of January, 2002, 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 MACH Academy of Tennis & Chess, 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:. . "The Technology & Tennis for Life" 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 01, 2002 , 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, 2002 , 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 1 \ . .., '/1 f, .,- ;,). -J' 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 OM8 Circular A-11 O. (3) Expends funds under this Agreement for ineligible activities, services, or items; (4) Implements theproject 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 ;-"f .' ';", 7' f 3. KEY PERSONNEL a. Subrecipient shall assign to this Contract the following key personnel:' (1) Michael Harden, Vice 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 inwriting and shall have ten (10) working days from date of issuance of notification to correct the deficiencies and re-submit acceptable workwithin said ten-day period. Failure to submit acceptable work within said ten-day period shall constitute a breach of this contract for which the Subrecipient may be held in default. . 6. SEVERABILITY If any term or condition of this Agreement is found by a court of competent jurisdiction to be void or invalid, such invalidity shall not affect the remaining terms and conditions of this Agreement, which shall continue in full force and effect. 7. COMPENSATION The Subrecipient shall be paid a total consideration of$ 10,000 for full performance of the services specified under this Agreement. Any cost above this amount shall be the sole responsibility of the Subrecipient. Subrecipient shall submit monthly requests for payments to the Housing and Neighborhood Development (HND) Department. Co.mpensation shall be allowed on a 3 "i' ~ l.', 3. KEY PERSONNEL a. Subrecipient shall assign to this Contract the following key personnel: (1) Michael Harden, Vice 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 workwithin said ten-day period. Failure to submit acceptable work within said ten-day periodshall constitute a breach of this contract for which the Subrecipient may. be held in default. 6. SEVERABILITY If any term or condition of this Agreement is found by a court of competent jurisdiction to be void or invalid, such invalidity shall not affect the remaining terms and conditions of this Agreement, which shall continue in full force and effect. 7. COMPENSATION The Subrecipient shall be paid a total consideration of$ 10,000 for full performance of the services specified under this Agreement. Any cost above this amount shall be the sole responsibility of the Subrecipient. Subrecipient shall submit monthly requests for payments to the Housing and Neighborhood Development (HND) Department. Compensation shall be allowed on a 3 ''0' ..' 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 the15 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. ,01.:' . 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,rs'gulations is incorporated by reference. Any unused funds remaining at the expiration of this agreement shall revert to Grantee. In addition,)he 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 RehabilitationAct 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. Subrecipient agrees to comply with the uniform administrative requirements specified at 24 CFR 570.502 and 24 CFR 570.610, including: If the Subrecipient is a government agency, OMB Circular A-87, "Principles for Determining Costs Applicable to Grants and Contracts with State, Local and Federally-Recognized Indian Tribal Governments;" OMB Circular A-128, "Audits of State and Local Governments" (implemented at 24 CFR 44); and the sections of 24 CFR 85, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments," specified at 24 CFR 570.502(a). If the Subrecipient is not a government agency, OMB Circular A-122, "Cost Principles for Non-Profit 4 Organizations," or OMB Circular A-21 ,"Cost Principles for Educational Institutions," as applicable; and Attachments A, B, C, F, H, Nand 0 to OMB A-110, as specified at 24 CFR 570.502(b). 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 shall revert to the Grantee for use in the Community Development Block Grant Program. Program income is anticipated to be approximately $0. 10. REVERSION OF ASSETS Upon termination of this contract, the Subrecipient shall transfer to the Grantee any CDBG allocated funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. In addition, any equipment or 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 Ho~sing 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 5 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 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. 6 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 [). . 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, 2003. 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: (1) Records providing a full description of each activity undertaken; (2) Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG Program; (3) Records required to determine the eligibility of activities; (4) Financial records as required by 24 CFR Part 570.502, and OMB Circular A-133; and (5) 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 7 .. 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 forthe 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 financi.al 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. 8 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. The Subrecipient shall consult Grantee on any procurement to assure conformance with applicable laws, regulations and standards. 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 applicahts 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. (2) The Subrecipient will, in all solicitations or advertisements for employees placed by or on behalf of the Subrecipient, state that all qualified applicants will receive consideration for employment without regard to race, creed, religion, sex, age, handicap, disability, sexual orientation, ancestry, national origin, marital status, or any other basis prohibited by applicable law. 9 (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 of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The Subrecipient will furnish all information and reports required by Executive Orders 11246 of September 24, 1965, as amended, and by rules, regulations, and orders of the Secretary of Labor, or pursuant 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 noncanpliance 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 f~derally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, as amended, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, as amended, or as otherwise provided by law. (7) The Subrecipient will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules', regulations, or orders of the Secretary of Labor, issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, as amended, so that such provisions will be binding upon each subcontractor or vendor. The Subrecipient will take such action with respect to any subcontract or purchase order as HUD may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event a Subrecipient becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by HUD, the Subrecipient may request the United States to enter into such litigation to protect the interests of the United States. b. Equal Opportunity in Participation Under the terms of Section 109 of the Housing and Community Development Act of 1974, and in conformance with Grantee policy and all requirements imposed by or pursuant to the Regulations of HUD (24 CFR Part 570.601 and 570.602) issued 10 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: . (1) Deny any facilities, services, financial aid, or other benefits provided under the program or activity. (2) 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. (3) 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. (4) 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. (5) 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. (6) 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 ofthe 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 inse-rted 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 ofthe 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, 12 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 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 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. 12 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 USC1857et 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 betaken 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). 13 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 provisionof 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 ofa 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 14 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: AUGUSTA, GEORGIA ~rantee) Bob Asi ~. , - ", ~'------.".' ... ~(1\ " "":".... r- :; 1 _ .. SEAL By: MACH Academy of Tennis & Chess, INC. ~t) ~ '1., ~~\ ; Chike Amobi As its President ATTEST: Donni C pbell As its Cor ora e Secretary t1:LJpil~ (Plain Witness) . 16 APPENDIX A Project Area The project will be conducted at May Park Community Center, 622 4h Street, Augusta, GA 30901. APPENDIX B Goals, Objectives, and Tasks The Technology & Tennis for Life project is a community based prevention/intervention program for low/moderate income youth, ages 7 to 18. MACH Academy of Tennis & Chess, will offer structured educational and recreational programming for low/moderate income inner city youths as an alternative to substance abuse, teenage pregnancy and truancy. MACH will offer computer literacy, math and reading tutoring, abstinence and drug education and tennis to participants. . MACH is unique in taking a more comprehensive approach at preventing delinquency by combining personal skill development, drug and teenage pregnancy education and recreation in one program. Community Development Block Grant (CDBG) funds will be used for facility use, salary, supplies and travel. \ APPENDIX C Budget Facility Use(Newman Center) Salary Supplies (books, balls, paper, etc.) Travel TOTAL $ 1,500.00 $ 6,500.00 $ 1,000.00 $ 1,000.00 $10,000.00 APPENDIX D Reporting Requirements The Subrecipient shall submit to the Granfee 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, 2002, July 15, 2002, October 15, 2002 and January 15, 2003. 3. Annual Report 4. Audit Report (Due 30 days after completion of audit). 17 ATTACHMENT #1 Regulations, Circulars & Local Procurement Policy 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 18 . ;~ ATTACHMENT #2 Forms Reimbursement Request . Monthly Statistical Report Quarterly Report Annual Report Time Sheet Travel Log 19 ~ 1:'_..: .;; ORIGINAL CONTRACT BETWEEN AUGUSTA, GEORGIA AND HOPE HOUSE, INC. YEAR 2002 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM THIS AGREEMENT, made and entered into on this ~ day of January, 2002, 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 HOPE 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 following project: "HOPE HOUSE EXPANSION" The purpose for the project is to provide transitional housing for women with children who are recovering from 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, 2002, and 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, 2002, or until this Agreement is otherwise terminated. "" :i 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-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 '1' " 3. KEY PERSONNEL a. Subrecipient shall assign to this Contract the following key personnel: (1) Elizabeth Jones, 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 $50,000 for full performance of the services specified under this Agreement. Any cost above this amount shall be the sole responsibility of the Subrecipient. Subrecipient shall submit monthly requests for payments to the Housing and 3 'i 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 3D-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 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. Subrecipient agrees to comply with the uniform administrative requirements specified at 24 CFR 570:502 and 24 CFR 570.610, including: If the Subrecipient is a government agency, OMB Circular A-87, "Principles for Determining Costs Applicable to Grants and Contracts with State, Local and Federally-Recognized Indian Tribal Governments;" OM B CircularA-128, "Audits of State and Local Governments" (implemented at 24 CFR 44); and the sections of 24 CFR 85, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments," specified at 24 CFR 570.502(a). If the 4 " Subrecipient is not a government agency, OMS Circular A-122, "Cost Principles for Non-Profit Organizations," or OMB Circular A-21 , "Cost Principles for Educational Institutions," OMB Circular A-133, "Audits of Institutions of Higher Education and Other Non-Profit Institutions," as applicable; and OMS A-11 0, as specified at 24 CFR 570.502(b). 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 projectshall revert to the Grantee for use in the Community Development Block Grant Program. Program income is anticipated to be approximately $0. . 10. REVERSION OF ASSETS Upon termination of this contract, the Subrecipient shall transfer to the Grantee any CDBG allocated funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. 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 a~ 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 5 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 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 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. 6 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, 2003. 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: (1) Records providing a full description of each activity undertaken; (2) Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG Program; (3) Records required to determine the eligibility of activities; (4) Financial records as required by 24 CFR Part 570.502, and OMB Circular A-133; and (5) 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. 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 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 connectionwith 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 mannerto, 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 8 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 When procuring property. goods and services under $100,000, the Subrecipient shall follow . "Augusta-Richmond County's procurement procedures which reflects applicable state and local laws and regulations. For purchases of $100,000 or more. federal laws, regulations and standards apply. m. EQUIPMENT AND PERSONAL PROPERTY (1) Use. Equipment and- persona! property shall be used by the Subrecipient in the program or project for which it was acquired as long as need, whether or not the project or program continues to be supported by Federal funds. (2) Disposition. When no longer needed for the original program project, disposition of any equipment or personal property of any kind shall be determined and approved by the Grantee consistent with provisions of 24 CFR 570.202 and Circular A-110, except (a) In all cases in which personal property is sold, the proceeds shall be program income, and (b) Personal property not needed by the Subrecipient for CDBG activities shall be transferred to the Grantee for the Community Development . program or shall be retained after submitting compensation to the Grantee for the Community Development program, and (c) Compensation for items of equipment or personal property retained or .sold shall be an amount calculated by multiplying the current market value or proceeds from sale by the percentage of CDBG funds provided on the original costs of equipment or personal property. (3) Management and Requirements. Procedures for managing equipment (including replacement equipment) and personal property. whether acquired in whole or in part with grant funds, until disposition takes place shall, as a minimum, meet the f<;> II owing requirements: (a) Written notification must be given to the Housing and Neighborhood Development (HND) Department within seven (7) calendar days after delivery to the Subrecipient of equipment or personal property in . order for HND to effect identification and recording for inventory purposes. Property records must be maintained that include a description of the property, a serial number or other identification 9 number, the source of property, who holds title, the acquisition date and cost of the property, percentage of CDBG funds in the cost of the property, the location, use and condition of the property, and any ultimate disposition data including the date of disposal and sale price of the property. (b) A physical inventory of the property must be taken and the results 'reconciled with the property records atleast once a year. (c) A control system must be developed to ensure adequate safeguards to prevent loss, damage or theft of the property. Any loss, damage or theft shall be investigated by the Subrecipient and reported to the Grantee. (d) Adequate maintenance procedures must be developed to keep the property in good condition. (e) If the Subrecipient is authorized or required to sell the property, proper sales procedures must be established to ensure the highest possible return. n. OWNERSHIP AND USE OF REAL PROPERTY (1) Use and Disposition. In accordance with 24 CFR 570.503(a)(8), any real property under the Subrecipient's control that was acquired or improved in whole or in part with CDBG funds shall meet the following requirements: (a) Such real property must be used to meet one of the' national objectives in 24 CFR 570.208 for a period of five years immediately following the expiration of the term of this Agreement; or (b) If such real property is not used in accordance with subsection (n)(1)(a), next above, during the five-year period immediately following the expiration of the term of this Agreement, the Grantee shall be reimbursed in the amount of the current fair market value of such real property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition, or improvement of such real property. (2) Change in Use. In the case of acquisition or improvement of real property, prior to any change in use of the real property or planned use of any such property (including beneficiaries of such use) from its original approved purpose at any time during the five-year period immediately following the expiration of the term of this Agreement, the Subrecipient shall notify the Grantee in writing for the Grantee's written prior approval to the change of use. The calculation of any funds and/or monies which may be due hereunder as a result of any change in use during such five-year period shall be made at the sole discretion of the Grantee or its designee. 10 (3) . Program Benefit. The Subrecipient agrees that the funds, plus any monies contemplated by 24 CFR 570.503(a)(8) shall be returned to the Grantee, if, in the determination of the Grantee, the program benefit requirements for use of real property are not met by the Subrecipient at any time during the five-year period immediately following the expiration of the term of this Agreement. The calculation of any funds and/or monies which may be due hereunder shall be determined solely by the Grantee. (4) Grant of Lien. Prior to disbursement of any amount of funds to the Subrecipient for the acquisition, improvement, or disposition of any real property to be used for any use or purpose by the Subrecipient, the Grantee and the Subrecipient shall execute a promissory note and deed to secure debt which shall contain such terms and conditions as the Grantee in its sole discretion shall require. 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 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. (2) The Subrecipient will, in all solicitations or advertisements for employees placed by or on behalf of the Subrecipient, state that all qualified applicants will receive consideration for employment without regard to race, creed, religion, sex, age, handicap, disability, sexual orientation, ancestry, national origin, marital status, or any other basis prohibited by applicable law. (3) The Subrecipient will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or 11 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 of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The Subrecipient will furnish all information and reports required by Executive Orders 11246 of September 24, 1965, as amended, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to its books, rec'ords, and accounts by HUD and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the Subrecipient's noncompliance with the nondiscrimination clauses of this Contract or with any of the said rules, regulations, or orders, this Contract may be canceled, terminated, or suspended in whole or in part and the Subrecipient may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with . procedures authorized in Executive Order 11246 of September 24, 1965, as amended, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, as amended, or as otherwise provided by law. (7) The Subrecipient will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary. of Labor, issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, as amended, so that such provisions will be binding upon each subcontractor or vendor. The Subrecipient will take such action with respect to any subcontract or purchase order as HUD may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event a Subrecipient becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by HUD, the Subrecipient may_ request the United States to enter into such litigation to protect the interests of the United States. b. Equal Opportunity in Participation Under the terms of Section 109 of the Housing and Community Development Act of 1974, and in conformance with Grantee policy and all requirements imposed by or pursuant to the Regulations of HUD (24 CFR Part 570.601 and 570.602) issued pursuant to Section 109, no person in the United States shall on the ground of race, color, creed, religion, sex, age, handicap, disability, sexual orientation, ancestry, 12 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: (1) Deny any facilities, services, financial aid, or other benefits provided under the program or activity. (2) 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. (3) 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. (4) Restrict in any way access to, orthe enjoyment of any advantage or privilege enjoyed by others in connection with facilities, services, financial aid orother benefits under the program or activity. (5) 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. (6) 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 "mino~ty 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. 13 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 etseq.) 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 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. 14 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 theSubrecipient 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 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 15 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 involuntary displacement of persons or businesses. If Subrecipient causes the involuntary temporary or perman~nt 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 16 It will require that the language of this paragraph M be included in the award documents for all subawards at all tiers (including subcontractors, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification isa 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. 17 IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first written above. ATTEST: S.-EAt", ..~y I , \ ....-.-....---..-- ~ , -;---:r~'?_\ ..../ ... 'I., .... ATTEST: SEA.L .~ ~14-- . 'egg) arnett As its Corporate Secretary AUGUSTA, GEORGIA (Grantee) HOPE HOUSE, INC. (Subrecipient) By: L~hUford As its President 18 APPENDIX A Proiect Area The project location is 3212 Wrightsboro Road, Augusta, Georgia. APPENDIX B Goals. Obiectives. and Tasks Hope House, Inc. provides therapeutic recovery residence to single females who have been detoxed and have no significant medical problems or severe mental health problems. Transitional housing accommodations are provided to women 365 days a year. This agency operate two facilities, Hope House I, located at 2542 Milledgeville Road (accommodates up to 12 women) and Hope House II, located at 3212 Wrightsboro Road (accommodates up to 10 women and children). The agency proposes to purchase the facility located at 3212 Wrightsboro Road. CDBG funds will be used to fund a portion of the acquisition costs. . .Subrecipient shall obtain appraisals' of the property and have a review appraiser review the appraisers' assessment. Said property shall be used to provide transitional housing for low and moderate income persons recovering from substance abuse. Title to said property shall vest in the .' name of the Subrecipient. The property shall be purchased and occupied by December 31, 2002.' Responsibilities of Subrecipient: 1. Shall use said property for authorized purpose of this project as long as it is needed. Ifor when Subrecipient no longer needs the property for the specified purpose of this agreement, Subrecipient shall notify Grantee in writing. 2. Shall report to Grantee annually the use of, condition of, and improvements to said property. 3. Shall maintain property insurance for said property. 4. Shall pay all taxes, insurance, closing costs and all costs related to upkeep of properties and submit copies of all relevant documents to Grantee. 5. Shall be responsible for all maintenance and repairs to property. 6. Shall maintain socio-economic data on clients and ensure that 51 % of persons served are low to moderate income persons. 19 APPENDIX C Budoet Acquisition of Real Property $50,000 APPENDIX D .Reoortino Reauirements ; .._. The Subrecipientshallsubmitto the Grantee the following documents and/or reports for the term of this agreement. 1. Copy of executed sales contract and other documents produced, executed or delivered at closing. 2. Monthly Statistical Reports - Due each month by the 15th for the previous month. 3. Quarterly Progress Reports Due April 15, 2002, July 15, 2002, October 15, 2002 and January 15, 2003. 4. Annual Report Statistical and Accomplishment Report- January 30, 2003. 5. Annually submit a written "Use of Property Certification" report describing the use ofthe property and shall certify that the properties were used only for the purposes . described in this agreement. The report shall include the names of the occupants .' of..the property andsocio-economic data.for each individual/family. Due annually for five (5) years by January 30. 6. Audit Report (Due 30 days after completion of audit). ATTACHMENT #1 ReQulations. CircularS & Local Procurement Policy 1. Community Development Slock Grant Entitlement Program 24 CFR 570 2. OMS Circular A-122 - "Cost Principles for Non-Profit Organizations" 3. OMS Circular A-110 "Grants and Agreements with Institutions of Higher Education, Hospitals, & Other Non-Profit Organizations. 4. OMS Circular A-133, "Audits of Institutions of Higher Education and Other Non-Profit Institutions" 5. Augusta-Richmond County Procurement Policy ATTACHMENT #2 Forms · Reimbursement Request · Monthly Statistical Report · Quarterly Report · Annual Report 20 ,{' CONTRACT BETWEEN AUGUSTA, GEORGIA AND AUGUSTA TASK FORCE FOR THE HOMELESS, INC. FOR YEAR 2002 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. ORIGINAL ..,-:. THIS AGREEMENT, made and entered into on this ~ day of January, 2002 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 TASK FORCE FOR THE HOMELESS, INC., (hereinafter referred to i'. as the "Subrecipient"). WHEREAS, the Grantee is the recipient of Urban Development Action Grant (UDAG) funds under the CDBG program from the United States Department of Housing and Urban Development (HUD) under Title'" of the Housing and Community Development Act of 1974, as amended (42 USC 5301 et seq.) (the Act); and WHEREAS, pursuant to t,he Act, UDAG funds have been administered and distributed by Grantee and repaid to Grantee such that the repaid monies constitute RecapturedUDAG funds, and, WHEREAS, chapter two (2) of the U.S. Department of Housing and Neighborhood Development Handbook 6511.02 REV-1, entitled "Urban Development Action Grant Closeout Procedures" directs that such recaptured UDAG funds be disper~ed according to Part 570 Subpart C of the CDBG regulations and Part 570 Subpart D of the UDAG regulations, and WHEREAS, those recaptured UDAG funds designated by this Agreement in Appendix C are to be used, as described in Appendix B, for activities as described under Part 105 and Part 119 of the Act and are thus included as eligible activities supporting economic recovery under the Act, NOW, THEREFORE, the parties hereto do mutually agree as follows: 1. SCOPE OF SERVICE TheSubrecipient shall perform all the necessary services provided under this Contract in accordance with and respecting the following project: . Homeless Continuum Of Care - Augusta, Georgia 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, 2002, 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, 2002 ,or until this Agreement is otherwise 1 ~'':: -: 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-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 2 (6) Fails to comply with written notice from the Grantee of substandard performance under the terms of this Agreement. 3. KEY PERSONNEL a. Subrecipient shall assign to this Contract the following key personnel: . (1) Tena Austin, President (2) Joan Stoddard, 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 maybe '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. 3 7. COMPENSATION The Subrecipient shall be paid a total consideration of$ 40,000 for full performance of the services specified under this Agreement. Any cost above this amount shall be the sole responsibility of the Subrecipient. Subrecipient shall submit monthly requests for 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 the15 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 DevelopmentAct 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. 4 Subrecipient agrees to comply with the uniform administrative requirements specified at 24 CFR 570.502 and 24 CFR 570.610, including: If the SLibrecipient is a government agency, OMB Circular A-87, "Principles for Determining Costs Applicable to Grants and Contracts with State, Local and Federally-Recognized Indian Tribal Governments;" OMB Circular A-128, "Audits of State and Local Governments" (implemented at 24 CFR 44); and the sections of 24 CFR 85, "Uniform Administrative Requirements for'Grants and Cooperative Agreements to State and Local Governments," specified at 24 CFR 570.502(a). If the Subrecipient is not a government agency, OMB Circular A-122, "Cost Principles for Non-Profit Organizations," or OMB Circular A-21 , "Cost Principles for Educational Institutions," as applicable; and OMB A-110, as specified at 24 CFR 570.502(b). 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 shall revert to the Grantee for use in the Community Development Block Grant Program. Program income is anticipated to be approximately $0. 10. REVERSION OF ASSETS Upon termination of this contract, the Subrecipient shall transfer to the Grantee any CDBG allocated funds on hand at the time of expiration and any accounts receivable attributable to the use ofCDBG funds. . In addition, any equipment or 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 priorto 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 Subrecipierit's. performance of its obligations hereunder and/or Subrecipient's failure to perform its obligations hereunder or relatea to or arising out of any damage 5 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, arid 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, th~ 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 me~ting 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. 6 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 30,2003. 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 p'ertinent to the activities to be funded under this contract. Such records shall include but are not limited to the items listed below: (1) Records providing a full description of each activity undertaken; (2) Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG Program; (3) Records required to determine the eligibility of activities; (4) Financial records as required by 24 CFR Part 570.502, and OMB Circular A-133; and (5) 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. 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. PERM ITS 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 containl?d in any article of incorporation or bylaw against 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 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. The Subrecipient shall consult Grantee on any procurement to assure conformance with applicable laws, regulations and standards. 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 el'!'lployed and that employees are tr~ated during employment without regard to their race, color, creed, religion, sex, age, handicap, disability, sexual orientation, ancestry, or national origin. SUGh 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 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. (2) The Subrecipient will, in all solicitations or advertisements for employees placed by or on behalf of the Subrecipient, state that all qualified applicants will receive consideration for employment without regard to race, creed, religion, sex,age, handicap, disability, sexual orientation, ancestry, national origin, marital status, or any other basis prohibited by applicable law. (3) Th~ 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 t.o 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 Subrecipienfwill 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. (5) The Subrecipient will furnish all information and reports required by Executive Orders 11246 of September 24, 1965, as amended, and by rules, regulations, and orders of the Secretary of Labor, or pursuant 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 or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, as amended, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, as amended, or as otherwise provided by law. - (7) The Subrecipient will include 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 thatsuch 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 . 10 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 inter~sts 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: (1) Deny any facilities, services, financial aid, or other benefits provided under the program or activity. . (2) 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. (3) 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. (4) 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. (5) 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. (6) Deny any person with the legal right to work an opportunity to participate in a program or activity as an employee. 11 " 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 income residents of the project area, and contracts for work in connection with the project be awarded to business concems 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 Housing Act (42USC 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 . 12 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 Contrccts 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 etseq.), 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. 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 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 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 Grant~e'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 Ag~eme~. . 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; 14 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 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. ;.0. 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: ... . ,.r. . ~ .. .' . . ,:..:.. '.. ~ J. Bonner \~ ~'-~~~lerkOf Commi~~ion -...--.... , ....-.-.,- '-'-'., . . C'-- ,'L ',(-' _" ATTEST: SEAL --r: v~ mmy Jackson orporate Secretary ~~ (Plain Wit e s) By: \.l cLJ-.. ;c// GUSTA, GEORGIA (Grantee) AUGUSTA TASK FORCE FOR THE HOMELESS; INO. . A (Subrecipient) , BY:~ .J~ Tena Austin As its President -- 16 APPENDIX A Project Area The project location is at 730 East Boundary, Augusta, Georgia 30901. APPENDIX B Goals, Objectives, and Tasks Augusta Task Force for the Homeless, Inc. serves as the initial po[nt-of-contact for homeless persons and provider agencies through centralized intake, referrals and follow-up. Due to its comprehensive method of client (case) management services, the agency is the most centralized "One Stop" service center for homeless referral, data collection and distribution. The Task Force is the coordinating agency of the Homeless Continuum of Care. Community Development Block Grant (CDBG) funds will be used for supplies, professional services, travel, utilities, insurance, office equipment, rent, advertising, equipment maintenance APPENDIX C . Budget Supplies General Office $ 4,410 Custodial 1,000 Printing (Brochures/Stationery/Cards) 1,000 Professional Svcs (CoC Consultant) 5,000 Utilities (Communications/Phones) 6,365 Building Insurance 500 Travel 3,000 Office Equipment 9,075 Rent 10 Advertising 3,000 Equipment Repair/Maintenance 2,000 Indirect Costs 4,640 (support services such as personnel, data processing) TOTAL $ 40,000 Source of Funds: Funds Budgeted from Recaptured UDAG Funds $ 40,000.00 Total $ 40,000.00 17 APPENDIX D Reporting 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, 2002, July 15, 2002, October 15, 2002 and January 15, 2003. 3. Annual Report 4. Audit Report (Due: 30 days after completion of audit). ATTACHMENT #1 Regulations, C.irculars & Local Procurement Policy 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 18 ATTACHMENT #2 Forms Reimbur~ement Request Monthly Statistical Report Quarterly Report Annual Report Travel Log Mile~ge/Gas Log Time Sheets 19 .,. OR!GI~J~l\L ..:1 '~ J.....- ~ CONTRACT BETWEEN AUGUSTA, GEORGIA AND URBAN ACTION, INC. d/b/a AUGUSTA URBAN MINISTRIES FOR YEAR 2002 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM THIS AGREEMENT, made and entered into onthis ~ day of January, 2002, by and between AUGUSTA, GEORGIA, by and through the Augusta-Richmond .CourityCommission, as the Implementor of the Community Development Block Grant Program (hereinafter referred to as "Grantee"), and Urban Action, Inc. d/b/aAugusta Urban Ministries, (hereinafter referred to as <he "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 fpr 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 re'specting 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 Subrecipiemt are to commence on January 1, 2002, 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, 2002 , 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 1 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 thatsaid project is deficient and that continued support of the project is not providing an adequate level of services to low income a'nd 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 OM B 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: (1) Rebecca Wallace, Executive Director b. During the period of peiiormance, 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 completewheri services are approved as ac-ceptable 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$ 10,000 for full performance of the services specified under this Agreement. Any cost above this amount shall be the sole responsibility of the Subrecipient. Subrecipient shall submit monthly requests for payments to the Housing and 3 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 the15 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 Prograin, 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 im'plementing 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. Subrecipient agrees to comply with .the uniform administrative requirements specified at 24 CFR 570.502 and 24 CFR 570.610, including: If the Subrecipient is a government agency, OMB Circular A-87, "Principles for Determining Costs Applicable to Grants and Contracts with State, Local and Federally-Recognized Indian Tribal Governments;" OMB Circular A-128, "Audits of State and Local Governments" (implemented at 24 CFR 44); and the sections of 24 CFR 85, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments," specified at 24 CFR 570.502(a). If the 4 Subrecipient is not a government agency, OMB Circular A-122, "Cost Principles for Non-Profit Organizations," or OMB Circular A-21 , "Cost Principles for Educational Institutions," as applicable; and OMB A-110, as specified at 24CFR 570.502(b). 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 shall revert to the Grantee for use in the Community Development Block Grant Program. 'Program income is anticipated to be approximately $0. 1 O~ REVERSION OF ASSETS Upon termination of this contract, the Subrecipient shall transfer to the Grantee any CDBG allocated funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. In addition, any equipment or 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 ing570.208 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 aUocation plan approved by the Department of Housing and Urban Development prior to the execution of this Contract. .12. TRAVEL Ifapplicable,'Subrecipient shall obtain priQr 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 un-der 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 5 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 Subrecipientis 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 th~ 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. . , . . . 6 ,'. 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, 2003. c. RECORDS TOBE 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: (1) Records providing a full description of each activity undertaken; (2) Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG Program; (3) Records required to d~termine the eligibility of activities; (4) Financial records as required by 24 CFR Part 570.502, and OMB Circular A-133; and . (5) 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 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 7 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. 8 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 Subrecipientbe 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 ofthis 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. The Subrecipient shall consult Grantee on any procurement to assure conformance with applicable laws, regulations and standards. 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) TheSubrecipient 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. (2) The Subrecipient will, in all solicitations or advertisements for employees placed by or on behalf of the Subrecipient, state that all qualified applicants will receive consideration for employment without regard to race, creed, religion, sex, age, handicap, disability,.sexual orientation, ancestry, national origin, marital status, or any other basis prohibited by applicable law. 9 " (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 of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The Subrecipient will furnish all information and reports required by Executive Orders 11246 of September 24, 1965, as amended, and by rules, regulations, and orders of the Secretary of Labor, or pursuant 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 nondscrimination clauses of this Contract or with any of the said rules, regulations, or orders, this Contract may becanceled, terminated, or suspended in whole or in part and the Subrecipient may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, as amended, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, as amended, or as otherwise provided by law. (7) The Subrecipient will include 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 thatsuch 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 10 pursuant to Section 1 09, 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 exciuded 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 Developll)ent 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: (1) Deny any facilities, services, financial aid, or other benefits provided under the program or activity. (2) 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. (3) 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. (4) 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. (5) Treat an individual differently from others in determining whether the individual satisfies any admission, enrollment, eligibility, membership, or other requirement or pondition which the individual must meet. in order to be provided any facilities, services, or other benefit provided under the program or activity. (6) 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 Jhe 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-spea]<ing, 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, arid 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 tt)e solicitation or invitation for bidders. e. Nondiscrimination in Federally-Assisted Programs TheSubrecipient 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 accordancewith 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,term~ of the Davis-Bacon Act, as amended, the Subrecipient is required to pay all laborers and lTlechanics employed on construction work wages at rates not less than those prevailing .on similar constrlictionin the locality as determined by the Secretary of Labor, and shall pay overtime co~pensation in accordance with and subject to the provisions of the Contract Work Hours and Safety Standards Act (40 USC 327-332), and t!1e 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. 12 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 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 asacondition 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). 13 '1. 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 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 14 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 b.e 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: AUGUSTA, GEORGIA (Grantee) . ",-;,.:,\:_~.~".t: ..,.....,-"" ~ .......--:-;.,...:I'II,-Ijo) . 1'~'~ _ ....."')--Q.~ '"- ,... ~ ~""_-~.S E A [>,_"'7-C' .~ "-A ~ "" - f~' :.,~ ':', '; ~: ~- ~ ;''''..t ""......>. ;../- ,_ ,'r'" ~;:.~:,' ~ 1.~I......' '~I - '1.\;. fSY " -____.oa.'J. Bonner ''-'",. ~!,~r:~t:q~ ~_qmfnission ArrEST: URBAN ACTION INC, d/b/a AUGUSTA URBAN MINISTRIES (Subrecipient) 'SEAL By:' 4A-/~-€. CcuL~ Frank Windom As its President ~~ <fS1~ (Plain Witness) \ 16 . APPENDIX A Project Area The project location is 303 Hale Street, Augusta, Georgia 30901. APPENDIX B Goals, Objectives, and Tasks The Preschool Plus Program is designed to provide child care assistance to low to moderate income persons in Richmond County. This is accomplished by offering day care tuition scholarships to the working poor or to individuals attending a full time continuing education program. Community Development Block Grant (CDBG) funds will be used to offer full time scholarships and short term scholarships. 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. Services shall be provided January 1,2002 through December 31, 2002. APPENDIX C Budget TOTAL $10,000.00 $10,000.00 Tuition Scholarships APPENDIX D Reporting 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, 2002, July 15, 2002, October 15, 2002 .and January 15, 2003 3. Annual Report 4. Audit Report (Due 30 days after completion of audit). '17 ATTACHMENT #1 Regulations,' Circulars & Local Procurement Policy 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, Ho~pitals, & Other Non-Profit Organizations" . 4. OMB Circular A-133, "Audits of Institutiors of Higher Education and Other Non-Profit Institutions" 5. Augusta-Richmond County Procurement Policy 18 ... . ~ ',' ATTACHMENT #2 Forms Reimbursement Request Monthly Statistical Report Quarterly Report Annual Report Time Sheet Income Verification Form 19 . :> . ORIGINAL CONTRACT BETWEEN AUGUSTA, GEORGIA AND GIRLS INCORPORATED OF THE C.S.R.A. YEAR 2002 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM THIS AGREEMENT, made and entered into on this ~ day of Januarv , 2002, by and between AU_GUST A, GEORGIA,by_.and through Jhe_ Augusta:-Richmond.County_Gommission,_.as the Implementor of the Community Development Block Grant Program (hereinafter referred to as "Grantee"), and GIRLS INCORPORATED OF THE C.S.R.A., (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: "Girls Inc. Improvements" The purpose for the project is to provide lighting throughout the facility and installation of a roof at the center. 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 Jan'uary 1, 2002, and 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, 2002, 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 P,- 3. KEY PERSONNEL a~ Subrecipient shall assign to this Contract the following key'personnel: (1) Laura L. Lasko, 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._SubrecipientshaIL notify the Grantee Director ofJ:lND within_ five-(5)_. calendar days after the occurrence of any of these events and provide the following information, providingadetailed 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 maybe 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 ~t ~.. The Subrecipient shall be paid a total consideration of $1,727.59 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 3 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' efigibility data shall be included with said.reimbursementrequesL...._ .. _______;______________ ___. . . d__ .____ ._ -------- 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 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 ttie implementing regulations at 24 CFR 58), the National Historic Preservation Act of 1966 as amended (16 use 470), Section 504 of the RehabilitationAct 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,_anyfunded 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. Subrecipient agrees to comply with the uniform administrative requirements specified at 24 CFR 570.502 and 24 CFR 570.610, including: Subrecipient is not a government agency, OMB Circular A-122, "Cost Principles for Non-Profit Organizations," or OMB Circular A-21 , "Cost Principles for Educational Institutions," OMB Circular A-133, "Audits of Institutions of Higher Education and Other Non-Profit Institutions," as applicable; and OMB A-110, as specified at 24 CFR 570.502(b). Subrecipient is prohibited from using funds provided herein for political activities, sectarian or religious activities, or lobbying activities. .9.. n F!ROGRAMJNCOME Program Income (defined at 24 CFR 570.500 and 570.504) derived from the project shall revert to the Grantee for use in the Community Development Block Grant Program. Program income is anticipated to be approximately $0. 10. REVERSION OF ASSETS Upon termination of this contract, the Subrecipient shall transfer to the Grantee.any CDBG allocated funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. 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 FederalTravel 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 5 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 RECOGNIJION____'-_ ___.___ --_. 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 sameavailablefor 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 ea~ti 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. - 6 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, 2003. c. REGORD5TO.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: (1) Records providing a full description of each activity undertaken; (2) Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG Program; (3) Records required to determine the eligibility of activities; (4) Financial records as required by 24 CFR Part 570.502, and OMS Circular A-133; and (5) 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 ~rantee. 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 programJnvolves housing, agrees toaffirmativelyJurther fairhousing. .. 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 ofS'ubrecipientwho 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 con'nection 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 bean employe-e 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 Subrecipientshall be deemed 8 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 When procuring property, goods and services under $1 00,000, the Subrecipient shall follow _ )~ugJ.tsta~Bichmond CO\JntY:.$ Rf9_gldL~JII~.nt P.[(:tc~~:tLJr~$ whicIJJ~(L~gt~ ~RP.!lg~QJ~ _staJ~ anl;L _ local laws and regulations. For purchases of $100,000 or more. federal laws, regulations and standards apply. m. EQUIPMENT AND PERSONAL PROPERTY (1) Use. Equipment and.personal property shall be used by the Subrecipient in the program or project for which it was acquired as long as need, whether or not the project or program continues to be supported by Federal funds. (2) Disposition. When no longer needed for the original program project, disposition of any equipment or personal property of any kind shall be determined and approved by the Grantee consistent with provisions of 24 CFR 570.202 and Circular A-110, except (a) In all cases in which personal property is sold, the proceeds shall be program income, and (b) Personal property not needed by the Subrecipient for CDBG activities shall be transferred to the Grantee for the Community Development program or shall be retaineQ after submitting compensation to the Grantee for the Community Development program,and (c) Compensation for items of equipment or personal property retained or sold shall be an amount calculated by multiplying the current market value or proceeds from sale by the percentage of CDBG 'funds provided on the original costs of equipment or personal property. (3) Management and Requirements. Procedures for managing equipment (including replacement equipment) and personal property, whether acquired in whole orin part with grant funds, until disposition takes place shall, as a minimum, meet the following requirements: (a) Written notification must be given to the Housing and Neighborhood Development (HND) Department within seven (7) calendar days. after delivery to the Subrecipient of equipment or personal property in order for HND to effect identification and. recording for inventory .. purposes. Property records must be maintained that include a 9 description of the property, a serial number or other identification number, the source of property, who holds title, the acquisition date and cost of the property, percentage of CDBG funds in the cost of the property, the location, use and condition of the property, and any ultimate disposition data including the date of disposal and sale price of the property. (b) A physical inventory of the property must be taken and the results . _ [~~QQc;:i1~.9~i!.tLtlJl::LR.rQP~rtY.J~~9J:ds.EJ1~~st OO~_~E-ye~L_._ (c) A control system must be developed to ensure adequate safeguards to prevent loss, damage or theft of the property. Any loss, damage or theft shall be investigated by the Subrecipient and reported to the Grantee. (d) Adequate maintenance procedures must be developed to keep the property in good condition. (e) If the Subrecipient is authorized or required to sell the property, proper sales procedures must be established to ensure the highest possible return. n. OWNERSHIP AND USE OF REAL PROPERTY (1) Use and Disposition. In accordance with 24 CFR 570.503(a)(8), any real property under the Subrecipient's control that was acquired or improved in whole or in part with CDBG funds shall, meet the following requirements: (a) Such real property must be used to meet one of the national objectives in 24 CFR 570.208 for a period of five years immediately following the expiration of the term of this Agreement; or (b) . If such real property is not used in accordance with subsection (n)(1 )(a), next above, during the five-year period immediately following the expiration of the term of this Agreement, the Grantee shall be reimbursed in the amount of the current fair market value of such real property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition, or improvement of such real property. (2) Change in Use. In the case of acquisition or improvement of real property,' prior to any. change' in use of the real property or planned use of any such" property (including beneficiaries of such use) from its original approved purpose at any' time during the five-year period immediately following the e~piration of the term of this Agreement, the Subrecipient shall notify the Grantee in writing for the Grantee's written prior approval to the change of use. The calculation ~of any funds and/or monies which may be due hereunder as a res'ultof any change in use during such five-year period shall 10 be made at the sole discretion of the Grantee or its designee. (3) Program Benefit. The Subrecipient agrees that the funds, plus any monies contemplated by 24 CFR 570.503(a)(8) shall be returned to the Grantee, if, in the determination of the Grantee, the program benefit requirements for use of real property are not met by the Subrecipient at any time during the five-year period immediately following the expiration of the term of this Agreement. The calculation of any funds and/or monies which may be due h~(E!unde[ ~bC!I!t;>_E! ~tE!Jerl1JiD~(;L~Qlely t;>~ Jh.~Gr~nJeE!. . _ _. __.. '. _ __h hh_ (4) Grant of Lien. Prior to disbursement of any amount of funds to the Subrecipient for the acquisition, improvement, or disposition of any real property to be used for any use or purpose by the Subrecipient, the Grantee and the Subrecipient shall execute a promissory note and deed to secure debt which shall contain such terms and conditions as the Grantee in its sole discretion shall require. 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 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. (2) The Subrecipient will, in all solicitations or advertisements for employees placed by oron behalfof 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 11 understanding, a notice. to be provided advising the said labor union or workers' representatives of the Subreciplent'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 _ __ __.___ ..c:I'LajJ.~ble__at th_e GJ.qnt~J~,Al'1d_ of the r.ul~SJ.egul.atjQns,_am:Lr~Je~al')t _orde(s_ of the Secretary of Labor. (5) The Subrecipient will furnish all information and .reports required by Executive Orders 11246 of September 24, 1965, as amended, and by rules, regulations, and orders of the Secretary of Labor, or pursuant 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 or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, as amended, and such other sanctions may be imposed and remedies invoked as provided in Executive. Order 11246 of September 24, 1965, as amended, or as otherwise provided by law. (7) The Subrecipient will include 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, iss'ued 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 pr9tect the interests of the United States. b. Equal Opportunity in P~rticipation . 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, 12 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 .subr~~lP-i~n~may J:l.91glr~.9!!y'.Q[ !!1rougb_~Q..njr~gu~l.9r 91hec ~[fa.ng~m_~nl~,. 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: (1) Deny any facilities, serVices, financial aid, or othe'r benefits provided under the program or activity.. (2) 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. (3) 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. (4) 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. (5) 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. (6) Deny any person with the legal right to work an opportunity to participate in a program or activity as an employee. c. Business and Employmen't Opportunities for Lower Income Residents, Women- Owned Business Enterprises, and Minority-Owned Business Enterprises. " The Subrecipientwill 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. 13 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 _. wblcJL~r!3.10_cc;lte~til1,. OLQ_Wn~g in ~u_I::l~~antl;:.lLRc;l.rt_b.Y_QeJ:~gD_sJesjgJ.!Jgj!JJh~C![ea ofJh~.J)[QjeQLLrL_ 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 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 $2,000 for the construction, completion, rehabilitation, or repair of any building or work financed in whole or in part with assistance provided under this Agreement are subject to the federal labor standards provisions which govern the payment of wages and the ratio of apprentices and trainees to journeyworkers. Under the terms of the Davis-Bacon Act, as amen.ded; the Subrecipient is required to pay all laborers and Illechanics employed on construction work wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor, and shall pay overtime compensation in accordance with and subject to the. provisions of the Contract Work Hours and Safety Standards Act (40 USC 327-332), and the Subrecipient shall comply with all regulations issued pursuant to these Acts and with other applicable Federal laws and regulations pertaining to labor standards, including the Copeland "Anti-Kickback" Act. 14 Provided that if wage rates higher than those required under the regulations are imposed by State or Local laws, nothing hereunder is intended to relieve the Subrecipient of its obligation, if any, to require payment of the higher rates. g. Flood Disaster Protection This Agreement is subject to the. requirements of the Flood Disaster Protection Act of 1973 (PL93- 234). Use of any assistance provided under this Agreement for acquisition or construction in an _ _ _~rea ideDtifj~9.g1J)JljiYll1g_~Recial1JQ.Q.9JJ~~gJd$ shE!IU;)~~Y.bj~Gt-tQ .the m~cmdatQry pu(cbase_ 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 theSubrecipient program nor the funds provided therefor, nor the personnel employed in the adminisfration of the prograrT) 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 o~ assessing any amount against properties owned and 15 occupied by persons of moderate income, the grantee certifies to the Secretary of HUD that it lacks sufficient funds received under Section 1 06 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- M i n imizi ng-tbe- DisplacementoLP-ersons-as a result of-Com munity_DevelopmentBlock_GranL___ 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 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 noti~es, 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 16 It will require that the language of this paragraph M be included in the award documents for all subawards at all tiers (including subcontractors, subgrants, and contracts under 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 _ wb~;tf~jl~ 1QJile .th~.L~q)J.i!::~~~rjJft~~tio~nJ)b-,;!.Il.!:te_s_lJbj~~ttQJLcjYilpJmalty_ ot nQJJ~~sJh.an .$JO, 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 PreservatioriAct 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. 17 IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first written above. ATTEST: - .. --.,. =- '"': ... ~ rBY: . ~ . '. Bonner \. ~,. Y":''''''''.\ ."" ., CI~~K!o!:Gomfnission ATTEST: SEAL ~~so~ . As its Cor rate Secretary . AUGUSTA GEORGIA (Grantee) GIRLS INCORPORATED OF THE C.S.R.A. (Subrecipient) By: ct~. Lynn Bailey ~ As its President 18 APPENDIX A Proiect Area The project location is 1919 Watkins Stre~t, Augusta, Georgia. APPENDIX B -" -- +-+- --~.. .__.,._.~_..- -- - . Goals. Obiectives. and Tasks The mission of Girls Inc. is to inspire all, girls to be strong, smart and bold by helping every girl achieve their full capacity for responsible and confident adulthood, economic independence and personal fulfillment. The center provides after school and summer programs to low and moderate income girls ranging in ages from 5 - 18 years old. The programs focus on prevention of pregnancy, substance abuse and violence, economic literacy and career and life planning. It is estimated that approximately 300 girls (75% LM) will participate in the center activities during this program year. Subrecipient shall maintain records documenting youths as lower-income according to the standards of the U.S. D~partment of Housing and Urban Development. Files shall contain, but is. not restricted to, income data, income verification,. application for participation in . center's activities and fees charged, is any. CDBG funds will be used for replacement of the.center's roof and lighting. Subrecipjent shall follow procurement procedures that are in conformance with the City's Purchasing Policies and Procedures. For purchases over $10,000, subrecipient shall develop specifications and seek sealed bids by formal advertising. The invitation forbids shall be publicly advertised in the Augusta Chronicle and at least one minority newspaper. Bids shall be solicited from an adequate number of known suppliers/vendors, providing them sufficient time prior to the date set for opening of the bids. All bids shall be publicly opened at the time and place prescribed in the invitation for bids. Award of bid shall be made to the most responsive bidder. APPENDIX C BudQet Construction - roof replacement & lighting 19 $~ ,727.59 ,1 .. APPENDIX D Reportinq 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 . .__D_u_e ARriLt~,_200~".~LJIYJ.5, 20_Q2"QcioQ~r ,1~L.2QO.2a!l9)anu~ry lp,_2.Q.Q:t.______.., 3. Annual Report -. January 30, 2003. .4. Audit Report (Due 30 days after completion of audit). 5. Use of Facility' Certification -Annually for five (5) years ATTACHMENT #1 Reaulations, Circulars & Local Procurement Policy 1. Community Development Slock Grant Entitlement Program 24 CFR 570 2. OMS Circular A-122 "Cost Principles for Non'-Profit Organizations" 3. OMS Circular A-110 "Grants and Agreements with Institutions of Higher Education, Hospitals, & Other Non-Profit Organizations" . 4. OMS Circular A-133, "Audits of Institutions of Higher Education and Other Non-Profit Institutions" 5. Augusta~Richmond County Procurement Policy ATTACHMENT #2 Forms · Reimbursement Request · Monthly Statistical Report · Quarterly Report · Annual Report. · . Us~ of Facility 20 ., ~\. CONTRACT BETWEEN AUGUSTA, GEORGIA ~, ~" AND ~\\' AUGUSTA YOUTH CENTER, INC. ~~ . THE COMMUNITY DEVELOP~~~T BLOCK GRANT PROGRAM , THIS AGREEMENT, made and entered into onthis ~ day of January, 2002, 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 . --lGrailtee")~-and'AUGUST A YOOTH'CEr'JTE~;1 r'JC., '(nereinafte'r 'refeirecffo-as"fhe'"SLibreCfpient"):" , WHEREAS, the Grantee has received a Community Development Block Grant from the United States Department of Housing arid 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 Augusta Youth Center Project which is a multi-purpose youth center that offers programs designed to enhance skills needed for successful living and provide opportunities for recreational and personal enrichment for low income youths in Augusta - Richmond County. 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, 2002, 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, 2002, or until this Agreement is othelWise 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 temTiinate tflis Corifra"cf, -without further"ol)if~laHon, 'roi the -defaulf 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 r"eserves 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 :; .. 3. KEY PERSONNEL a. Subrecipient shall assign to this Contract the following key personnel: (1) Patricia Jones, 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. - Subredpiernfsh-aln',-otify-tne 'G'rantEfe-Directo(ofRND-witl1iff fi'le -(5r- 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 pers.ons 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 inv~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$ 36,000 for full performance of the services specified under this Agreement. , Any cost above this amount shall be the sole responsibility of the Subrecipient. Subrecipient shall submit monthly requests for payments to the Housing and 3 .. 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 the15 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 810ck 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, inc,luding 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 ac.tivity 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. ' . Subrecipient agrees to comply with the uniform administrative requirements specified at 24 CFR 570.502 and 24 CFR 570.610, including: If the Subrecipient is a government agency, OMB Circular A-87, "Principles for Determining Costs. Applicable to Grants and Contracts with State, Local and Federally-Recognized Indian Tribal Governments;" OMB Circular A-128, "Audits of State and Local Govemments" (implemented at 24 CFR 44); and the sections of 24 CFR 85, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments," specified at 24 CFR 570.502(a). If the 4 Subrecipient is not a government agency, OMB Circular A-122, "Cost Principles for Non-Profit Organizations," or OMB Circular A-21 , "Cost Principles for Educational Institutions," as applicable; and OMB A-110, as specified at 24 CFR 570.502(b). 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 shall revert to the Grantee for use in the Community Development Block Grant Program. Program income is anticipated to be approximately $0. 10. REVERSION OF ASSETS Upon termination of this contract, the Subrecipient shall transfer to the Grantee any CDBG allocated funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. 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 unde.r 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 5 reasonably acceptable to Grantee. . AI! 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 . S ubrecipientsh"al /"'insure "reco"g nition-ofthe-role"ofthe-grafltor'"a-gef1c~rin-proviaiff~rse'rVices tfif6Ugh-" 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 Agreement shall be valid unless made in writing and signed by the parties hereto. Only one amendment to saki agreementshall be allowed during the program year. 19. GENERAL TERMS AND CONDITIONS a. REPORTS The Subrecipient agrees to submit to Grantee monthly c1ients~ statistical reports, quarterly, progress reports, financial reports and any other reports that may be specified in Appendix D. 6 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, 2002. c. RECORDS TO BE MAINTAINED . - _'__'_______.._____h S'uDrecrpient -snalrmainfaiii'~aW.recoras requirecf by-fhe federal regulations' spe'clfied 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: (1) Records providing a full description of each activity undertaken; (2) Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG Program; (3) Records required to determine the eligibility of activities; (4) Financial records as required by 24 CFR Part 570.502, and OMS Circular A-133; and (5) 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 ~1.520, 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. n: '----CONFUCrOFINTEREST ___,_,,'u... .....on , .. -- ,- " -- 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 or 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 c6ntained 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 When procuring property, goods and services under $100,000, the Subrecipient shall follow Augusta-Richmond County's procurement procedures which reflects applicable state and local laws and regulations. For purchases of $100,000 or more federal laws, regulations and standards take apply. m. EQUIPMENT AND PERSONAL PROPERTY (1) Use. Equipment and personal property shall be used by the Subrecipient in the program or project for which it was acquired as long as need, whether or notthe project or program continues to be supported by Federal funds. (2) Disposition. When no longer needed for the original program project, disposition of any equipment or personal property of any kind shall be determined and approved by the Grantee consistent with provisions of 24 CFR 570.202 and Circular A-110, except (a) In all. cases in which personal property is sold, the proceeds shall be program income, and (b) Personal property not needed by the Subrecipient for CDBG activities shall be transferred tot he Grantee for the Community Development program or shall be retained after submitting compensation to the Grantee for the Community Development program, and (c) Compensation for items of equipment or personal property retained or sold shall be an amount calculated by multiplying the current market value or proceeds from sale by the percentage of CDBG funds provided on the original costs of equipment or personal property. (3) Management and Requirements. Procedures for managing equipment (including replacement equipment) and personal property, whether acquired in whole orin part with grant funds, until disposition takes place shall, as a minimum, meet the following requirements: (a) Written notification must be given to the Housing and Neighborhood Development (HND) Department with seven (7) calendar days after delivery to the Subrecipient of equipment or personal property in order for HND to effect identification and recording for inventory purposes. Property records must be maintained that include a description of the property, a serial number or other identification number, the source of property, who holds title, the acquisition date and cost of the property, percentage of CDBG funds in the cost of the property, the location, use and condition of the property, and any 9 ~ ultimate disposition data including the date of disposal and sale price of the property. (b) A physical inventory of the property must be taken and the results Reconciled' with the property records at least once a year. (c) A control system must be developed to ensure adequate safeguards to prevent loss, damage or theft of the property. Any loss, damage or theft shall be investigated by the Subrecipient and reported to the "Graritee-:--------'---m"''''-- -,--", ___u,____,___.,_____, ...---.-- '-' (d) Adequate maintenance procedures must be developed to keep the property in good condition. (e) If the Subrecipient is authorized or required to sell the property, proper sales procedures must be established to ensure the highest possible return. n. OWNERSHIP AND USE OF REAL PROPERTY (1) Use and Disposition. In accordance with 24 CFR 570.503(a)(8), any real property under the Subrecipient's control that was acquired or improved in whole or in part with CDBG funds shall meet the following requirements: (a) Used to meet one of the national objectives in 24 CFR 570.208 in perpetuity. ' The Grantee or its designee may, at its discretion, amend the term, but it shall never be less than five years for any real property acquired or improved in whole or in part using CDBG funds in excess of $25,0000; or (b) Disposed of in a manner that results in the Grantee being reimbursed in the amount of the current fair market value of the property less any portion of the value attributable to expenditures of. non-CDBG funds for'acquisition, or improvement of the property. (2) Change in Use.. In the case of acquisition, or improvement of real property, Prior to any change in use of the real property or planned use of any such property (including beneficiaries of such use) form its original approved purposed, the Subrecipient shall notify the Grantee in writing for the Grantee's written prior approval to the change of use. The calculation of any funds and/or monies which may be due hereunder as a result of any change in use shall be made at the sole discretion of the Grantee or its designee and this provision shall apply to the property in perpetuity unless the term is amended in writing by the Grantee. (3) Program Benefit. The Subrecipient agrees that the funds, plus any monies contemplated by 24,CFR 570.503(a)(8) shall be returned to the Grantee, if~ in the determination of the Grantee, the program benefit requirements for 10 (4) use of real property, are not met by the Subrecipient at any time. The calculation of any funds and/or monies which may be due hereunder shall be determined solely by the Grantee. Grant of lien. Prior to disbursement of any amount of funds to the Subreciepient for the acquisition, improvement, or disposition of any real property to be used for any use of purpose by the Subrecipient, the Grantee and the Subrecipient shall execute a promissory note and deed to secure debt which shall contain such terms and conditions as the Grantee in its sole -arsc-retionshallrequire.-- ------.--'-----'-----,-- ..,--, ------,-- - h, - ,-. -,------., 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 b~cause 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 app.licants 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. (2) The Subrecipient will, in all solicitations or advertisements for employees placed by or on behalf of the Subrecipient, state that all qualified applicants will receive consideration for employment without regard to race, creed, ' religion, sex, age, handicap, disability, sexual orientation, ancestry, national origin, marital status, or any other basis prohibited by appHcable 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. 11 (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 of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The Subredpient 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 ._, -- wlll.~pe'rmiCa.ccess-'to jts.books:'-records~-ancracc-o~unts byu'Ffuo- an-cf the- Secretary of Labor for purposes of investigation to ascertain compliance with such rules; regulations, and orders. (6) In the event of the Subrecipient's noncompliance with the nondiscrimination clauses of this Contract or with any of the said rules, regulations, or orders, this Contract may be canceled, terminated, or suspended in whole or in part and the Subrecipient may be declared ineligible for further Government contracts or federally assisted construcfion contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, as amended, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, as amended, or as otherwise provided by law. (7) The Subrecipient will include 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 thatsuch 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..~articipation Under the terms of $ection 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. 12 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: (1) Deny any facilities, services, financial aid, or other benefits provided under the program or activity. (2) 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. (3) 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. (4) 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. (5) 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. (6) 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 trainin'g 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 13 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 feasi"~I~wJ!Lp,~_l!l_~~~9. 'contacCminority-=owned'and 'women::own'ecf6'usiness"enlerpnsesfur-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 Subre.cipient 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 obligatiol1, if any, to require payment of th'e higher rates.. : " g. Flood Disaster Protection This Agreement is subject to the requirements of the Flood Disaster:Protection Act of 1973 (PL93- 234). Use of any assistance provided under this Agreement for acquisition or construction in an area identified as having special flood hazards .shall be subject to the mandatory purchase of flood insurance with the requirements of Section 102(a) of said Act. 14 h. Clean Air Act and Federal Water Pollution Control Act (Aj:plicable 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 use 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 24CFR 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 publis:; improvements that are financed from revenue sources other than under Title I of the Act, or (2) 'for purposes of assessing any amount against properties owned and occupied by persons of moderate income, the grantee certifies to the Secretary of HUD that it lacks sufficient funds received under Section 106 of the Act to comply with the requirements of subparagraph (1). l. Acquisition, Rehabilitation, and Demolition of Real Property and Displacement of Persons and Businesses 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 Gr~ntee's Community Development Block Grant Program Residential Anti-displacement and Relocation Assistance Plan." The Subrecipient will conduct any acquisition, 15 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 1.970, 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, , --aavisoiYassistance~ relocation benefits, aria" replacemenCdwelling'units as' required "!:lyffie Uriiform 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 el1!ployee 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 materfal representatio'n 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 toa civil penalty ,of not less than $10,000 and not more than $100,000 for each such failure. n. Provisions Required by Law Deemed Inserted Each and every provision of law an9 clause required by law to be inserted in this Contract shall be deemed to be inserted herein and the contract shall be read and enforced as though it were , 16 included herein, and if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party the contract shall forthwith be physically amended to make such insertion or correction. o. HISTORIC PRESERVATION If applicable, the Subrecipient agrees to comply with the Historic Preservation requirements set for in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth inCFR, Part 800, Advisory Council of Historic preservation Procedures for Protection of 'Histciric'prope-rties, insofar as-they'applYfo the' performan-ce'of tl1is'co.ntracC----'_. ",., --- -, .., " In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a Federal, State, or local historic property list. 21. MISCELLANEOUS a. This Agreement shall be governed by and construed according to the laws of the State of Georgia. b. Time shall be of the essence to this Contract, except where it is herein specifically provided to the contrary. Subrecipient shall provide the scope of services in accordance with the .schedule set forth in Appendix B. 17 IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first written above, ' ATTEST: ,_~ ~ a '$-:80nner '."Clerk of Commission ;' -............ ._-- , ......_---~ . ~""V""\-.~..\.\ ",i "'....., r- ,'\ ,. '\, :.. 4 ATTEST: SEAL Travis Hollaway As its Corporate Secre 4:JB'f . C\\o/ (Plain Witness) 18 AUGUSTA, GEORGIA rantee) AUGUSTA YOUTH CENTER, INC. (Subrecipient) By: Scott J. Klosinski As its President APPENDIX A Project Area The project location is located at 602-604 Third Street, Augusta, Georgia 30901. APPENDIX B Goals, Objectives, and Tasks The Augusta Youth Center is a multi-purpose youth center that offers programs designed to enhance skills needed for successful living and provide opportunities for recreational and personal enrichment for low income youths in Augusta-Richmond County. The Center's mission is to carry out programs with goals such as combating the use of illegal drugs, improving parenting skills, improving computer skills and home economics, improving job skills and employability, and addressing other such socio-economic issues which may confront low income youths. Programs implemented by the center include after-school tutorial program, Life Skills and, Motivational seminars, recreational and educational activities and holiday events. A total of 100 low and moderate income persons shall be assisted during this contract period. The Subrecipient shall maintain, a written description of each program it approves for the Center and this description shall include the purpose of each program, the activities involved, a list of program participants, including socio-economic data and the responsible staff member(s) or volunteers. , Also, a detail attendance register shall be maintained for the Center at all times.. . Community Development Block Grant funds will be used for operational cost of the center such as salaries, supplies, travel, utilities; office equipment, planning activities. ,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. APPENDIX C Budget Salaries Supplies (Office & Custodial) Travel _ Utilities Office Equipment Field Trips Other (Food/Snacks) Other (Rent) TOTAL 19 22,802.00 718.00 2,480.00 3,028.00 2,000.00 4,494.00 477.00 1.00 36,000.00 ,. APPENDIX D Reporting 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 January 15, 2002, April 15, 2002, July 15, 2002, and October 15, 2002 3. Annual Report (January 15, 2002) 4. Audit Report (Due 30 days after completion of audit). ATTACHMENT #1 Regulations, Circulars & Local Procurement Policy 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. OM8 Circular A-133, "Audits of Institutions of Higher Education and Other Non-Profit Institutions" 5. Augusta-Richmond County Procurement Policy 20 ~ "CDBG Income Verification , 'Reimbursemenf Recfuesf'" . Monthly Statistical Report Quarterly Program Progress Report Annual Program Report ATTACHMENT #2 Forms 21 , . --;3 .-. - CONTRACT BETWEEN AUGUSTA, GEORGIA AND JWC HELPING HANDS, INC. , FOR YEAR 2002 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM ORIGINAL THIS AGREEMENT, made and entered into on this ~ day of January, 2002, 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"), andJWC HELPING HANDS, INC., (hereinafter referred-to-as,the-"Subrecipient'-l- 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 suc~ undertakings of the Community Development Block Grant Program, situated in the ProjectArea 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: "FOOD DISTRIBUTION PROGRAM" 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, 2002 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, 2002, 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 1 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--contractperiod~-- ---... - -. _0.____---.' 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 ~mount 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 3. KEY PERSONNEL a. Subrecipient shall.assign to this Contract the following key personnel: (1) Velma Harris, 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'occ!-:Jrrence- of any Hof these events and'proVide'the followintl 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 corre~t' 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 conduded 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. 3 7. COMPENSATION The Subrecipient shall be paid a total consideration of $ 13,500 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-;'paymentwiU-bemade'SubjeCftb' receipr-ofa' reimbUrs8rri'efrinecfClest for payment from the Subrecipient specifying and certifying that such expenses have been incurred and expended in conformance with this Contract and that theSubrecipient 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 the15 day of each calendar month for work performed during the preceding calendar month. TheSubrecipient 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 CFRPart: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 use 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. . 4 Subrecipient agrees to comply with the uniform administrative requirements specified at 24 CFR 570.502 and 24 CFR 570,610, including: If the Subrecipient is a government agency, OMB Circular A-87, "Principles for Determining Costs Applicable to Grants and Contracts with State, Local and Federally-Recognized Indian Tribal Governments;" OMB Circular A-128, "Audits of State and Local Governments" (implemented at 24 CFR 44); and the sections of 24 CFR 85, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments," specified at 24 CFR 570.502(a). If the Subrecipient is not a government agency, OMB Circular A-122, "Cost Principles for Non-Profit Organizations-, "-or OMBCircular A-21', ~'CostPrinciples for Educational Institutions," as applicable; and OMB A-110, as specified at 24 CFR 570.502(b). 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 shall revert to the Grantee for use in the Community Development Block Grant Program. Program income is , anticipated to be approximately $0. 10. REVERSION OF ASSETS Upon termination of this contract, the Subrecipient shall transfer to the Grantee any CDBG allocated funds on,hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. In addition, any equipment or 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 shallobtairi'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 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 em,ergency 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. 6 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 shalt Jje-allbWed during me pfogram ye-ar.' - 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, 2003. , 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: (1) Records providing a full description of each activity undertaken; (2) Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG Program; (3) Records required to determine the eligibility of activities; (4) Financial records as required by 24 CFR Part 570.502, and OMB Circular A-133; and (5) 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 7 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 hefeofsever'alli warrants that i;lll project recofds~' 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 theSubrecipient, a party to this Agreem~nt, 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. 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 Agreementis 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, norshall any employee of the Subrecipient be entitled to any of the rights, privileges, or benefits of Grantee employees. TheSubrecipient 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. The Subrecipient shall consult Grantee on any procurement to assure conformance with applicable laws, regulations and standards. 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 of compensation, and 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... (2) The Subrecipient will, in all solicitations or advertisements for employees placed by or on behalf of the Subrecipient, state that all qualified applicants will receive consideration for employment without regard to race, creed, religion, sex, age, handicap, disability, sexual orientation, ancestry, national origin, marital status, or any other basis prohibited by applicable law, .'_ _n__.'.__""_ _ ___________, .'__ . _ _ ...___ ... ._._~___._.__._ _'... ~ .. __ _.. _ _ . (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 shallpost 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 of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The Subrecipient will furnish all information and reports required by Executive Orders 11246 of September 24, 1965, as amended, and by rules, regulations, and orders of the Secretary of Labor, or pursuant 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 or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, as amended, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, as amended, or as otherwise provided by law., (7) The Subrecipient' will include 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 thatsuch 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 10 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'plIrsuarirtb the Regulations ofRUD{24CFRParrS70.601'ancf570,"602) is'suea 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, nattonal origin, marital status,'familial status, age, handicap, disability, sex or other basis prohibited by applicable law: (1) Deny any facilities, services, financial aid, or other benefits provided under the program or activity. (2) Provide <=:Iny 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. (3) 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. (4) 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. . (5) 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. (6) Deny any person with the legal right to work an opportunity to participate in a program or activity as an employee. 11 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 'iii' lieu of an iiidependent inVestigatioh. -. -., ,.. '..' u_ ,. ,. '.. -- ,._,- 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 ofthe 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 Housing Act (42 USC 3601-20). In accordance with Grantee Policy and Title VI of the Civil R-ights 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. 12 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 ttiarftl'ios.e prevailihg on .similar construction' ih"ttie locality 'as 'cetetriliriecf by thtf Secretary of Lacot;- 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, 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 ofJhe 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 snail be made subject to the provisions for the elimination of lead-based paint hazards under 24 CFR Part 35. TheSubrecipient, 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- 13 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 ofdbtaining access tcfsLJdlpOblic improvements, unless:~ '(1TfUndsfeceived LII'1de(" 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 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 ahd Real Property Acquisition Policies Act of 1970, as amended, Section104(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 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 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. , SE~kL""'''r" ~A' GEORGIA G (antee) ~~BY:. \ . o""'[fW - ., ., -, .. , A~Oi~~Y~ ' ATTEST: ""'-.._---- 7~_:",.,..'\ ,'I ,I. _ ATTEST: JWC HELPING HANDS; INC. (Subrecipient) SEAL By: ~~~ ~ Velma Harris As its President '1l. , ,~ v e.4./n.e~ au fA'~r?c{ ."u , Vernease Arri gton As its Corporate Secretary QA'Y\,j'~ J .n!l~ (Plain Witness) 16 APPENDIX A Project Area The project location is 2050 Bolt Drive, Dogwood Terraces Public Housing, Augusta, Georgia. APPENDIX B Goals; Objectives, and Tasks The JWC Helping Hands, Inc. is a food distribution program that focused on low-income. individuals and families. The primary service area is the 30901 and 30906 zip code areas with a concentration on low-income families. JWC Helping Hands provides their clients with over 4,020 units of food and also provides transportation services to the elderly. Community Development Block Grant funds will be used to purchase food for distribution to low- income individuals and families, APPENDIX C . Budget Food $13,500.00 $13,500.00 ,TOTAL APPENDIX D Reporting 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, 2002, July 15, 2002, October 15, 2002 and January 15, 2003. 3. Annual Report 4. Audit Report (Due 30 days after completion of audit). 17 ., ATTACHMENT #1 Regulations, Circulars & Local Procurement Policy 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 Instituti01s of Higher Education and Other Non-Profit Institutions" 5. Augusta-Richmond County Procurement Policy 18 , '. ATTACHMENT #2 Forms Reimbursement Request Monthly Statistical R~port Quarterly Report Annual Report Income, Verification 19 /?2 , t tJ ORIGINAL CONTRACT BETWEEN AUGUSTA, GEORGIA & AUGUSTA-RICHMOND COUNTY TREES & LANDSCAPE DEPARTMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM THIS AGREEMENT, made and entered into on this 20th day of November, 2001, by and between AUGUSTA, GEORGIA, by and through the Augusta-Richmond County Commission, as thell11Qlemento[ of t~,~,c.qrnmul1j!y.Q~veIQp.m~[It Bl()cK~n!nt !?JQgf~m. (b~r~Ltl.~ft~LI~~~rrec:l t,Q _~~ _ "Grantee"), and AUGUSTA-RICHMOND COUNTY TREES & LANDSCAPE DEPARTMENT, (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 forthe 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: "Neighborh90d Beautification Improvements" 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; T,ERMINATION a. The services of the Subrecipient are to commence on November 20,2001, and 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 November 19, 2002, 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. - ~ ,.. ~ - ~.. - _._ _d _ _ . _ _.,. ~" _ _._ _ _ .__...~ ._., _,_. _. _... _ _ _. ___, ...._ c. Either party may terminate this Contract, without further obligation, for the default of the other party or its agentsor 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 Hub 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. 2 3. KEY PERSONNEL a. Subrecipient shall assign to this Contract the following key personnel: (1) J. Derek Vanover, Interim 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 erl}plgYl"Dent. SuJ;>>r~gl?i~,Qt~tl~lIn9t,ify th~ ,OrcH1~~.QirectQr.Qf H.NDwithio ,fjv:eJ5) 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 $20,000 for full performance of the services specified under this Agreement. Any cost above this amount shall be the sole responsibility of the Subrecipient. Subrecipient shall submit monthly requests for payments to the Housing and 3 i' Neighborhood Development (HND) Department. Compensation s~all 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 sai~ .r~i-,:.nt;>,urs~men,t 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. 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 RehabilitationAct 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. Subrecipient agrees to comply with the uniform administrative requirements specified at 24 CFR , 570.502 and 24 CFR 570.610, including: If the Subrecipient is a government agency, OMS Circular A-87, "Principles for Determining Costs Applicable to Grants and Contracts with State, Local and Federally-Recognized Indian Tribal Governments;" OMB Circular A-128, ~'Audits of State and Local Governments" (implemented at 24 CFR 44); and the sections of 24CFR 85, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments," specified at 24 CFR 570.502(a). If the Subrecipient is not a government agency, OMB Circular A-122, "Cost Principles for Non-Profit 4 Organizations," or OMB Circular A-21, "Cost Principles for Educational Institutions," as applicable; and OMB A-110, as specified at 24 CFR 570.502(b). Subrecipient is prohibited from using funds provided herein for political activities, sectarian or religious activities, or lobbying activities. 9. PROGRAM INCOME _ ,Pr9grC!'!lIQq~me (d,~~n~d at 2,4 GfR_5.IQ..~90 aIJ9 _?ZQ.Q.9~J 9~.riv~9 from t~~ _prqj~~t sh~ll..@v~rt_ to the Grantee for use in the Community Development Block Grant Program. Program income is anticipated to be approximately $0. 10. REVERSION OF ASSETS Upon termination of this contract, the Subrecipient shall transfer to the Grantee any CDBG allocated funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. 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 Suqrecipient'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 hereunde'r. 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 5 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 _~~q,~~ci~!.eflt.SI'1,Cl!1 JnS_L1!~I~cggnJtJon QfJ!1enrQl.~Qf tbe g~an19r i:lgency in p(oyi.dingservicesJhr:ough, 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 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 quarterly progress reports and any other reports that may be specified in Appendix D. 6 b. CLIENT DATA If applicable, 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. c. RECORDS TO BE MAINTAINED Subrecipient shCl1t l!l_~lr.tl~n,all !~_~or.Qs_ r:..~g!!ir~ctby th.e_ (~g~ra! .r.~gLJlatioQs ~pecified. i.n 2.4_ 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: (1) Records providing a full description of each activity undertaken; (2) Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG Program; (3) Records required to determine the eligibility of activities; (4) Financial records as required by 24 CFR Part 570.502, and OMB Circular A-133; and (5) 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 auditconducted in accordance with OMB Circular A-133. 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 , gi~~~ .th~ .C1PP'~a.!C1!l<2e_QfJ~'-~lQ9..!:!1J?~i\(atedJ)Ya. 9~~JreJor priv~te 9.~iD foLthemselves 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 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 pf 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 coritractor 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 When procuring property, goods and services under $1 00,000, the Subrecipient shall follow Augusta-Richmond County's procurement procedures which reflects applicable state and local laws and regulations. For purchases of $100,000 or more. federal laws, regulations and standards apply. m. EQUIPMENT ANDPERSONAL PROPERTY (1) Use. Equipment and personal property shall be used by theSubrecipient in the program or project for which it was acquired as long as need, whether or not the project or program continues to be supported by Federal funds. (2) , Disposition. When no longer needed for the original program project, disposition of any equip'ment or personal property of any kind shall be determined and approved by the Grantee consistent with provisions of 24 CFR 570.202 and Circular A-110, except (a) In all cases in which personal property is sold, the proceeds shall be program income, and (b) Personal property not needed by the Subrecipient for CDBG activities shall be transferred to the Grantee for the Community Development program or shall be retained after submitting compensation to the Grantee for the Community Development program, and (c) Compensation for items of equipment or personal property retained or sold shall be an amount calculated by multiplying the current market value or proceeds from sale by the percentage of CDBG funds provided on the original costs of equipment or personal property. (3) Management and Requirements. Procedures for managing equipment (including replacement equipment) and personal property, whether acquired in whole or in part with grant funds, until disposition takes place shall, as a minimum, meet the following requirements: (a) Written'notification must be given to the Housing and Neighborhood Development (RND) Department within seven (7) calendar days after delivery to the Subrecipient of equipment or personal property iri order :for 'HND to effect identification and recording for inventory purposes. Property records must be maintained that include a 9 descriptiori of the property, a serial number or other identification number, the source of property,. who holds title, the acquisition date and cost of the property, percentage of CDBG funds in the cost of the property, the location, use and-condition of the property, and any ultimate disposition data including the date of disposal and sale price of the property. (b) A physical inventory of the property must be taken and the results reconciled with the property records at least once a year. .-------.',-.--. -- -..--'-- .- - . -- +.--..--.-- ..~._.~ --~-_. (c) A control system must be developed to ensure adequate safeguards to prevent loss, damage or theft of the property. Any loss, damage or theft shall qe investigated by the Subrecipient and reported to the Grantee. (d) Adequate maintenance procedures must be developed to keep the property in good condition. (e) If the Subrecipient is authorized or required to sell the property, proper sales procedures must be established to ensure the highest possible return. n. OWNERSHIP AND USE OF REAL PROPERTY (1) Use and Disposition. In accordance with 24 CFR 570.503(a)(8), any real property under the Subrecipient's control that was acquired or improved in whole or in part withCDBG funds shall meet the following requirements: (a) Used to meet one of the national objectives in 24 CFR 570.208 in perpetuity. , The Grantee or its designee may, at its discretion, amend the term, but it shall never be less than five years for any real property acquired or improved in whole or in part using CDBG funds in excess of $25,000; or (b) Disposed of in a manner that results in the Grantee being reimbursed in the amount of the current fair market value of the property less any portion of the value attributable to expenditures of non-CD8G funds for acquisition, or improvement of the property. (2) Change in Use. In the case of acquisition, or improvement of real property, prior to any change in use of the real property or planned use of any such property (including beneficiaries of such use) from its original approved purposed; the Subrecipient shall notify the Grantee in writing for the Grantee's written prior approval to the change of use. The calculation of any funds and/or monies which may be due hereunder as a result of any change 10 in use shall be made at the sole discretion of the Grantee or its designee and this provision shall apply to the property in perpetuity unless the term is amended in writing by the Grantee. (3) Program Benefit. The Subrecipient agrees that the funds, plus any monies contemplated by 24 CFR 570.503(a)(8) shall be returned to the Grantee, if, in the determination of the Grantee, the program benefit requirem'ents for use of real property, are not met by the Subrecipient at any time. The calculation of any funds and/or monies which may be due hereunder shall .. --be'deter'il1inecfsolely-by"theGrantee. .,___'u.. ,. ,_. --.,-, --, ._>----- (4) Grant of Lien, Prior to disbursement of any amount of funds to the Subrecipient for the acquisition, improvement, or disposition of any real property to be used for any use or purpose by the Subrecipient, the Grantee and theSubrecipient shall execute a promissory note and deed to secure debt which shall contain such terms and conditions as the Grantee in its sole discretion shall require. 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 of compensation, and, selection for training including. apprenticeship. The Subrecipient agreesto post in conspicuous places, available to employees and applicants-for employment, notices to qe provided setting forth the provisions of this nondiscrimination clause. (2) The Subrecipient will, in all solicitations or advertisements for employees placed by or on behalf of the Subrecipient, state that all qualified applicants will receive consideration for employment without regard to race, creed, religion, sex, age, handicap, disability, sexual orientation, ancestry, national origin, marital status, or any other basis prohibited by applicable law. 11 ~ ~ , (~) (5) (6) (7) (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. TheSubreci~ient will. comply with ~all J~[ovl~iQ.l1~ .Qf ~Ex,ecutive Order:..11246, '_". Equaf-EmPlo-yment-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. 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. In the event of the Subrecipient's noncompliance with the nondiscrimination clauses of this Contract or with any ofthe 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 Govemment 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. 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 olenfC?rcing 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. 12 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, natiQI}~I,QrigLn, .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,Jamilial status, age, handicap, disability, sex or other basis prohibited by applicable law: (1) Deny any facilities, services, financial aid, or other benefits provided under the program or activity. (2) Provide any facilities; services, financial aid, or other benefits which are different,' or are provided ina different form from that provided to others under the program or activity. (3) 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. (4) 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. ' (5) 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. . (6) Deny any person with the legal right to work an opportunity to participate in a program or activity as an employee, 13 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, SpaDish-:~p.e.€l!SjD9, ~f2a[li?h~urm~me.9_ 'or written representatlc)nsby'~fu'b-recipjents reg-ardlng 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 concems 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 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 ofthe Civil Rights Act of 1968 (PL 90-284) as a'mended 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 14 $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 cOn1~ly ~ltb ,all.!~gulatloD_~J~~~l?g p'wsuant tP. the~~ ,Act?~l"!g ,'{'{ijh ()th~r appIi9abl~E_e.9,~@L1~'~~__, ,_ 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 subjectto 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 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 CF~ 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 r.egulations 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. 15 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 Se~tLonJ 9.6_ 9.f t.he ~ct_C!re u~ed to ,PEY the I?rQl?ortiolLQt~Y,~tLf~Le_~_oLas~essment thatLel~t~~ 10 th~, 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 dem,olition 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 16 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 ,. ___, __ ___ E~qer~LC.9!11r~~t, grant, l,o~f1., 9L~QqR.f3sati'{~ ~gr~~rn.ent!L~l!Lf..qnJJ~!~~i!D_~:t~~PrnJt. $t~Og~mt'=QI!l1:- . 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 rE;!quired 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. 17 '. IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first written above. ATTEST: S EA-l={'"'"'....~ ' , ."C\ p ,J ~j 'l>.~ ................._ ~ ~'" ~-- ~~~;'i: ~ .- , ,..-,.. ~ _ ..:;r--... -d ~~:. 5:: _' ~" -. '.--,- /., . '~ r~''''t ':-:.' to ~ . ,-. ;: """'t-, A ~.... , . ATTEST: SEAL iJy AUGUSTA. GEORGIA (Grantee) .ru."~ Auqusta-Richmond County Trees & Landscape Department (Subrecipient) (Plain Witness) By: J. gerek Va over As1ts Interim Director 18 APPENDIX A Proiect Area The project area consists of low income areas in Augusta, Georgia to include but not limited to Turpin Hill. APPENDIX 8 Goals. Obiectives, and Tasks Th'e Augusfa~Richmorid C.ounty Trees-&Landscape. DepiHtmenfshal[ adriiinlsterThe-c'6nstruction of said project which shall consist of the following: . Phase I - Essie Mcintyre monumental Garden Landscape at intersection of 15th Street and Essie Mcintyre Boulevard . Phase II - Steed Street Treescaping (Martin Luther King Blvd. to Agnes Street & Collins Elementary) · Phase II - Nellie Road Treescaping · Phase IV - Olive Road Landscaping · Phase V - Other low income areas to be identified The purpose for the project is to enhance and beautify low income neighborhoods. Total projects costs are anticipated to be approximately $20,000. Subrecipient shall provide materials and labor in accordance with the City's procurerrientpolicies and procedures. If-labor is contracted out and exceeds $2,000, Davis-Bacon requirements shall apply. , APPENDIX C Budqet Materials & Labor $20,000 APPENDIX D Reportinq Requirements The Subrecipient shall submit to the Grantee the following reports for the term of this agreement. . Quarterly Progress Reports (Due January 15, 2002, April 15, 2002, July 15, 2002, October 15, 2002 · Annual Report - ( Due December 31, 2002) . Source of Funds Approved Amount #20050100 Black Men Reprogrammed November 20, 2001 $ 1,482.61 #20031 Hale House Reprogrammed November 20, 2001 $ 7,541,00 #20063 Board of Education Reprogrammed November 20, 2001 $ 2,788.97 2001 Program Income Reprogrammed November 20, 2001 $ 8,187.42 Total Funds Budgeted $ 20,000.00 Community Development Block Grant Funds Attachments Forms · Reimbursement Request, Quarterly Report & Annual report 19 .. ,", 1\)it ~', .....;:;.'" . :.,,~.'(") '';'~r ~. \'\' , /(,"9 - ,<:~~9 ~~ii;) '\ ~ .' , , ORIGINAL t) .... ,J CONTRACT BETWEEN AUGUSTA, GEORGIA AND THE FAMILY Y, YMCA/YWCA OF THE CSRA, INC. .,--- YEAR 2002 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM / THIS AGREEMENT, made and entered 'il1t9 on this ~ day of January, 2002, by and between AUGUSTA, GEORGIA, by and through ~~e Augusta-Richmond County Commission, as th_~ Implementor of the Community Development Block Grant Program (hereinafter referred taPas "Grantee"), and THE FAMILY Y, YMCANWCA OF THE CSRA, 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 of1974, 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 foflowing project: "Southside Center Athletic Field Improvements" The purpose for the project is to expand The Family Y Southside Center to provide additional'servicesfor low income youths and'families. 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, 2002, and 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, 2002, or until this Agreement is otherwise terminated. <" ;' b. The parties agree tIlat 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 contr:act upon written notification to the Subrecipieilt under any of the following conditi<;>ns: (1) Notification by HUD to the Grantee that said project is ine!igible because of project location, se,rvices 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 apequate 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) (2) (3) (4) (5) (6) Fails to file required reports or to meet project progress or completion deadlines; -, 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. Expends funds under this Agreement for ineligible activities, services, or items; , Implements the project prior to notification from the Grantee that the federal environmental review process has been 'corTlpleted; Violates labor Standards requirements; or Fails to comply with written notice from the Grantee of substandard performance under th~ terms of this Agreement. 2 .. -: 3. KEY PERSONNEL a. Subrecipient shall assign to this Contract the following key personnel: (1) Dan McConnell, 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 andc 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 inwriting. 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 andeffec,t. , 7. COMPENSATION The Subrecipient shall be paid a total consideration of $100,000 for full performance of the services specified under this Agreement. Any cost above this amount shall be the sole responsibility of the Subrecipient. Subrecipient shall submit monthly requests for payments to the Housing and 3 .. ~ 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 of1969 (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 Discrimfnation 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. Subrecipient agrees to comply with the uniform administrative requirements specified at 24 CFR 570.502 and 24 CFR 570.610, including: If the Subrecipient is a government agency, OMB Circular A-87, "Principles for Determining Costs Applicable to Grants and Contracts with State, Local and Federally-Recognized Indian Tribal Governments;" OMS Circular A-128, "Audits of State and Local Governments" (implemented at 24 CFR 44); and the sections of 24 CFR 85, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments," specified at 24 CFR 570.502(a). If the 4 , . Subrecipient is not a government agehcy, OMS Circular A-122, "Cost Principles for Non-Profit Organizations," or OMB Circular A-21 , "Cost Principles for Educational Institutions," OMB Circular A-133, "Audits of Institutions of Higher Education and Other Non-Profit Institutions," as applicable; and OMB A-11 0, as specified at 24 CFR 570.502(b). 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 shall revert to the Grantee for use in the Community Development Block Grant Program. Program income is anticipated to be approximately $0; 10. REVERSION OF ASSETS Upon termination of this contract, the $ubrecipient shall transfer to the Grantee any CDBG allocated funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. 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 Subreclpient'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 reiease the Subrecipient from any obligations un~er 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 5 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 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 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 any other reports that may be specified in Appendix D. 6 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, 2003. 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: (1) Records providing a full description of each activity undertaken; (2) Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG Program; (3) Records required to determine the eligibility of activities; (4) Financial records as required by 24 CFR Part 570.502, and OMS Circular A-133; and (5) 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. 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 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 ur:ldersigned 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 di~abilities, 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 Subrecipientshall be deemed at all times an independent contractor and shall be wholly responsible for time, means and 8 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 When procuring property, goods and services under $100,000, the Subrecipient shall follow Augusta-Richmond County's procurement procedures which reflects applicable state and local laws and regulations. For purchases of $100,000 or more. federal laws, regulations and standards apply. m. EQUIPMENT AND PERSONAL PROPERTY (1) Use. Equipment and personal property shall be used by the Subrecipient in the program or project for which it was acquired as long as need, whether or not the project or program continues to be supported by Federal funds. (2) Disposition. When no longer needed for the original program project, disposition of any equipment or personal property of any kind shall be determined and approved by the Grantee consistent with provisions of 24 CFR 570.202 and Circular A-11 0, except (a) In all cases in which personal property is sold, the proceeds shall be program income, and (b) Personal property not needed by the Subrecipient for CDBG activities shall be transferred to the Grantee for the Community Development program or shall be retained after submitting compensation to the Grantee for the Community Development program, and (c) Compensation for items of equipment or personal property retained or, sold shall be an amount calculated by multiplying the current market value or proceeds from sale by the percentage of CDBG funds, provided on the original costs of equipment or personal property . (3) Management and Requirements. Procedures for managing equipment (including replacement equipment) and personal property, whether acquired in whole or in part with grant funds, until disposition takes place shall, as a minimum, meet the following requirements: (a) Written notification must be given to the Housing and Neighborhood Development (HND) Department within seven (7) calendar days after deliverY to the' Subrecipient of equipment or personal property in order for HND to effect identification and recording for inventory purposes.. .. Property records must be maintained that include a description of the property, a serial number or other identification 9 number, the source of property, who holds title, the acquisition date and cost of the property, percentage of CDBG funds in the cost of the property, the location, use and condition of the property, and any ultimate disposition data including the date of disposal and sale price of the property, (b) A physical inventory of the property must be taken and the results reconciled with the property records at least once a year. (c) A control system must be developed to ensure adequate safeguards to prevent loss, damage or theft of the property. Any loss, damage or theft shall be investigated by the Subrecipient and reported to the Grantee. (d) Adequate maintenance procedures must be developed to keep the property in good condition. (e) If theSubrecipient is authorized or required to sell the property, propersales procedures must be established to ensure the highest possible return. n. OWNERSHIP AND USE OF REAL PROPERTY (1) Use and Disposition. In accordance with 24 CFR 570.503(a)(8), any real property under the Subrecipient's control that was acquired or improved in whole or in part with CDBG funds shall meet the following requirements: (a) Such real property must be used to meet one of the national objectives in 24 CFR 570.208 for a period of five years immediately following the expiration of the term of this Agreement; or (b) If such real property is not used in accordance with subsection (n)(1)(a), next above, during the five-year period immediately , following the expiration of the term of this Agreement, the Grantee shall be reimbursed in the amount of the current fair market value of such real property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition, or improvement of such real property. (2) Change in Use. In the case of acquisition or improvemenfof real property, prior to any chan'ge in use of the real property or planned use .of any such property (including beneficiaries of such use) from its original approved purpose at any time during the five-year period immediately following the expiration of the term of this Agreement, the Subrecipient shall notify the Grantee in writing for the Grantee's written prior approval to the change of use. The calculation of any funds and/or monies which may be due hereunder as a result of any change in use during such five-year period shall be made at the sole discretion of the Grantee or its designee. 10 (3) Program Benefit. The Subrecipient agrees that the funds, plus any monies contemplated by 24 CFR 570.503(a)(8) shall be returned to the Grantee, if, in the determination of the Grantee, the program benefit requirements for use of real property are not met by the Subrecipient at any time during the five-year period immediately following the expiration of the term of this Agreement. The calculation of any funds and/or monies which may be due hereunder shall be determined solely by the Grantee. (4) Grant of Lien. Prior to disbursement of any amount of funds to the Subrecipient for the acquisition, improvement, or disposition of any real property to be used for any use or purpose by the Subrecipient, the Grantee and the Subrecipient shall execute a promissory note and deed to secure debt which shall contain such terms and conditions c;lS the Grantee in its sole discretiori shall require. 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 adverti~ing, layoff or termination, rates of payor other forms of compensation, and selection for training including apprenticeship. The Subrecipientagrees 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 placed by or on behalf of the Subrecipierit, 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 11 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 of the rules, regulations, and relevant orders of the Secretary of labor. (5) The Subrecipient will furnish all information and reports required by Executive Orders 11246 of September 24, 1965, as amended, and by rules, regulations, and orders of the Secretary of labor, or pursuant 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 or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, as amended, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, as amended, or as otherwise provided by law. (7) The Subrecipient will include 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 'l(endor 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, 12 national origin, marital status, familial status; or any other basis pr9hibited 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: (1) Deny any facilities, services, financial aid, or other benefits provided under the program or activity. (2) Provide any fa~ilities, 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. (3) 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. (4) 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. (5) 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. (6) 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 Subrecipientwill 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. 13 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 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, 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 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. 14 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 $1 00,000). 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 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 owned and 15 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 proper:ty, 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 appropriatedfunds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or employee of a Member of Congress, in connection with this Federal Contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying" in accordance with its instructions; and 16 It will require that the language of this paragraph M be included in the award documents for all subawards at all tiers (including subcontractors, subgrants, and contracts under 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. 17 IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first written above. ATTEST: AUGUSTA, GEORGIA (Grantee) . --.::".-"" "". : ~ -. - "'""f'Jirl":'.", " . .. 'S""E'. AJ ,.'{7' "\""' .. -- '" ",I;: YJ., ~ ~"'''~ ,1~ ~ ~- "" 0 ~: ""0..-: __~ 4.,....-;. -::-.... .;*,,~ i':'-, -~. .~~ ,0,,;;, : . :':--:, ~~ ~ ~.~~ . ~ ;:.~. ~~"' --=ft:1 " -" -, .. .=::-.... ; ~ ~ cry - ~--- ATTEST: THE FAMIL YY, YMCAlYWCA OF THECSRA, INC. (Subrecipient) SEAL ~~ Y' . Dan McConnell As its President Mart~~ As its Corporate Secretary tfJ 'JmTARVPUBUCRlCHMOND co. (]A MY COMMISSION EXPIRES 10.24.04 (Plain Witness) 18 APPENDIX A Proiect Area' The project location is 2340 Milledgeville Road, Augusta, Georgia. APPENDIX B Goals, Obiectives. and Tasks The mission of the Family Y is to serve individuals and families in the CSRA through programs designed to build healthy spirit, mind and body. The organization offers programs to the public such as health enhancement, aquatics, sports, camping, family life and education and training to promote physical, mental and spiritual quality of life. , The purpose of the project is to expand the youth sports roster at the Southside Center to offer low- cost soccer, flag football, Top Soccer (for handicapped players), track and field and fitness programs. It is estimated that the new programs would serve 300 'neighborhood youths. COSG funds will be used to fund a portion of the construction costs for upgrade of the existing multi-purpose athletic field adjacent to the Southside Center: Construction is scheduled to begin during 2002 and be completed by Decemb~r 31,2002. Subrecipient shall follow procurement procedures that are in conformance with the City's Purchasing Policies and Procedures. For purchases over $10,000, subrecipient shall develop ,specifications'and seek sealed bids by formal advertising. The invitation for bids shall be publicly advertised in the Augusta Chronicle and at least one minority newspaper. Bids shall be solicited from an adequate number of known suppliers/vendors, providing them sufficient time prior to the date set for opening of the bids. All bids shall be publicly opened at the time and place prescribed in the invitation for bids. Award of bid shall be made to the most responsive bidder. Because of the infusion of $100,000 in Federal funds, Section 3 and Davis-Bacon are applicable. APPENDIX C BudQet Construction & Equipment (Athletic Field) $100,000 19, APPENDIX D Reportinq Requirements The Subrecipient shall submit to the Grantee the following reports for the term of this agreement. 1. Monthly Statistical Reports - Due each mqnth by the 15th for the previous month. 2. Quarterly Progress Reports Due April 15, 2002, July 15, 2002, October 15, 2002 and January 15, 2003. 3. Annual Report - January 30,2003. 4. Audit Report (Due 30 days after completion of audit). 5. Use of Facility Certification - Annually for five (5) years ATTACHMENT #1 Reaulations, Circulars & Local Procurement Policy 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 ATTACHMENT #2 Forms · Reimbursement Request · Monthly Statistical Report · Quarterly Report · Annual Report · Use of Facility 20 CONTRACT BETWEEN AUGUSTA, GEORGIA AND COORDINATED HEALTH SERVICES, INC. FOR YEAR 2002 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM ORiG tJAL ~, . THIS AGREEMENT, made and entered into on this ~ day of January, 2002, 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 COORDINATED HEALTH SERVICES, 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 use 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 Coordinated Health Services Project which provide health care for homeless, marginally housed and other very poor people in Augusta Richmond County. . Emergency Dental and Emergency Medical Prescriptions 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, 2002, 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, 2002 ,or until this Agreement is otherwise terminated. b. The parties agree ~hat the Grantee may terminate this Contract or any work or delivery required hereunder, from time to time, either in whole or in part, whenever 1 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 progre"ss 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. 2 3. KEY PERSONNEL a. Subrecipient shall assign to this Contract the foilowingkey personnel: (1) George Foster, President (2) Patricia Hayes,' 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 theSubrecipient 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. I n 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 periodshall constitute a breach of this contract for which theSubrecipient may be held in,default. 6. SEVERABILITY If any term or condition of this Agreement .isfound 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. ., .COMPENSA TION The Subrecipient shall be paid a total consideration of $ 8,000 for full performance of the services specified under this Agreement. Any cost above this amount shall be the sole responsibility of the Subrecipient. Subrecipient shall submit monthly requests for payments to the Housing and 3 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 e, 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 the15 . 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 Grante,e 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 of1974 (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 (16USC 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 use 610,1) (and the implementing regulations at 24 CFR 146), the prohibition against using debarred contractors at 24CFR 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. Subrecipient agrees to comply with the uniform administrative requirements specified at 24 CFR 570.502 and 24 CFR 570.610, includ.ing: ' If the Subrecipient is a government agency, OMB Circular A-8?; "Principles for Determining Costs Applicable to Grants and Contracts with State, Local and Federally-Recognized Indian Tribal Governments;" OMB Circular A-128, "Audits of State and Local Governments" (implemented at 24 CFR 44); and the sections of 24 CFR 85, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments," specified at 24 CFR 570.502(a). If the 4 Subrecipient is not a government agency, OMB Circular A-122, "Cost principles for Non-Profit Organizations," or OMB Circular A-21 i "Cost Principles for Educational Institutions," as applicable; and OMB A-110, as specified at 24 CFR 570.502(b). 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 shall revert to the Grantee for use in the Community Development Block Grant Program. Program income is anticipated to be approximately $0. 10. REVERSION OF ASSETS Upon termination of this contract, the Subrecipient shall transfer to the Grantee any CDBG allocated funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. In addition, any equipment or real property under the Subrecipient's control acquired or improved in. wt)ole pr in part with CDBG funds (including funds provided to the Subrecipient in theJorm of a loan) in e~cess of $25,000 will be used to meet one of the national objectives in ~570.208 until five years after expiration of this (;ontractl. 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 ofthisContract. 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. 5 14. INSURANCE & BONDING I I Subrecipient shall carry sufficient insurance coverage to protect contractl assets from loss due to theft, fraud and/or undue physical damage, and as a minimum shall purcha'se a blanket fidelity bond 1 covering all employees in an amount equal to cash advances from th,e Grantee. All policies providing insurance coverage required to be maintained by Subrecipient hereunder shall list Grantee, The Augusta-Richmond County Commission and its Mayor, a~d 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 ins~rance coverage for the other named insureds. No insurance policy providing any insurance c'overage 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. I 1 ! 1 15. GRANTOR RECOGNITION Subrecipient shall insure recognition of the role of the grantor agency in p~oviding 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 ~referencetothe support provided herein all publications made possible with funds made available under this contract. . , I , I 16. OPEN MEETINGS LAW COMPLIANCE 1 Subrecipient is subject to the Georgia Open Meetings Law if it receives "more than 33 1/3% of its funds from taxpayer sources. According'ly, the Subrecipient will take ttie following compliance, measures: it will notify the Augusta Chronicle, and the Augusta Focus o~ 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 ma~e 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. I, ' I I 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. ! 1 17. ASSIGNMENT Without the prior written consent of the Grantee, this Agreement is not assignable by the Subrecipient, either in whole orin part. 18. ENTIRE CONTRACT; ALTERATION , i " ! , This Agreement is the entire agreement between the parties hereto. No talteration or variation in the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto. I Only one amendment to said agreement shall be allowed during the program year. , I , 6 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, 2003. 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 cpntract. Such records shall include but are not limited to the items listed below: (1) Records providing a full description of each activity undertaken; (2) Records, demonstrating that each activity undertaken meet one of the National Objectives 'of the CDBG Program; (3) Records required to determine the eligibility of activities; (4) Financial records as required by 24 CFR Part 570.502, and OMB Circular A-133; and ' (5) 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. 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 Suorecipient 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 7 of all activities funded under this contract, or after the resolution of all Federal audit findings, whichever occurs later and grants the Grant.ee 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 prescribea 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 inyolves 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 saiq Subrecipient and to bind the same to this Agreement, and further that said Subrecipient has authority to enter into ~his 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 (29iUSC 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 partof.the Subrecipient. 8 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 cOl)tractor 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. The Subrecipient shall consult Grantee on any procurement to assure conformance with applicable laws, regulations and standards. 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 affir'l1ative 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 fo'r emp'loyment, notices to be provided setting forth the provisions of this'nondiscrimination clause. (2) The Subrecipieht 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. 9 (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 avail~ble at the Grantee, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The Subrecipient will furnish all information and reports required by Executive Orders 11246 of September 24, 1965, as amended, and by rules, regulations, and.orders of the Secretary of Labor, or pursuant 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 or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, as amended, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, as amended, or as otherwise provided by law. (7) The Subrecipient will include 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 thatsuch 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 j 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 10 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: (1) Deny any facilities, services, financial aid, or other benefits provided under the program or activity. (2) 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. (3) 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: (4) 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. (5) 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. (6) 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 cc:>ntract, the term "minority and female business enterprise," means a busin13ss 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 mino'rity 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 Developmen! A~t 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, th!3 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 (PL88-:-352j:42USC -2000d et seq.) and the Fair Housing Act (42 USC3601-20). 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 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 Sta,ndards 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. 12 g. Flood Disaster Protection' This Agreement is subject to the requi,~ements of the Flood Disaster Protection Act of 1973 (PL93- 234). Use of any assistance provlced under this Agreement for acquisition or construction in an area identified as having special flood hazards shall be subject to the mandatory putchase 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 requirementsof24 CFR 570.608 for notification, inspection, testing, and abatement procedures conc~rning 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 ot'obtaining access to such public improvements, unless: (1) funds received under , Section 106 cjf 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). 13 ~ 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 Memper 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 14 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 arid 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, theSubrecipient 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: . ~ ^ : "" A 0: --.".." " :-, ~ e a.J~ Bonner . , Cierk,o{Commission ..... __ ;-:) i . t . .. _ * . ATTEST: SEAL -d~ (J , Linda Tilby 6 As its Corporate Secretary (Plain Witness) AUGUSTA, GEORGIA Grantee) By: 16 APPENDIX A Project Area The project location is at 1384 Greene Street, Augusta, Georgia 30901. APPENDIX B Goals, Objectives, and Tasks The agency is a nurse managed health service providing primary and preventive health care to homeless people, those at high risk for homelessness and low income uninsured working place. The agency is sponsored by a coalition of community agencies, including University Hospital, St. Joseph Hospital, Catholic Social Services, CSTA Economic Opportunity Authority, Richmond County Health Department, the Medical College of Georgia School of Nursing and St. Mary on the Hill Catholic Church. ' Community Development Block Grant funds will be used for emergency. dental and emergency prescriptions. The Subrecipient shall maintain socio-economic data on clients served, records on services provided to each client, records of pharmaceuticals, and dental services provided. APPENDIX C Budget Emergency Dental Emergency Prescriptions $ 4,000.00: $ 4,000.00 $ 8,000.00 TOTAL APPENDIX D Reporting 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, 2002, July 15, 2002, October 15, 2002 and January 15, 2003. 3. Annual Report 4. Audit Report (Due 30 days after completion of audit). 17 ATTACHMENT #1 Regulations, 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. OMB Circular A-133, "Audits of Institutions of Higher Education and Other Non-Profit Institutions" ,5. Augusta-Richmond County Procurement Policy 18 \ \ ATTACHMENT #2 Forms ' Reimbursement Request Monthly Statistical Report Quarterly Report Annual Report / '\ 19 3oG .%iva G E'' 0 R GI A LOMBARD POND 1 RECREATION TRAIL CONTRACT DOCUMENTS George rnn. Executive Director Planning sZoning Commission Bond # GSB24597 PERFORMANCE BOND The American Institute of Architects, AIA Document No. A312 (December, 1984 Edition) Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR OWNER (Name and Address): Contract Management(Name , Inc. and Address): Augusta Richmond County Commission 1827 Killingsworth Rd. Augusta, GA. 30904 523 Telfair Street Augusta, GA. 30901 CONSTRUCTION CONTRACT SURETY (Name and Principal Place of Business): The Gray Casualty & Surety Company Date: 2750 Lake Villa Dr. Ste. 300 Metairie, LA. Amount: $89,940.21 Description (Name and Location): Lombard Mill Pond Trail Project #220016312 BOND Date (Not earlier than Construction Contract Date): Amount: $89,940.21 Modifications to this Bond: ® None ❑See Page 2 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Contract Manag nt, Inc. The Gray Casualty & Surety Company Signature: Signature: Name and Tit • James Williams, President Name and Title: Thomas J. Bole, Attorney -in Fact (Any additional signatures appear on page 2.) (FOR INFORMATION Only Name, Address and Telephone) OWNER'S REPRESENTATIVE (Architect, Engineer or other AGENT or BROKER: party): 1 The Contractor and the Surety, jointly and severally, bind them- 3.3 The Owner has agreed to pay the Balance of the Contract Price selves, their heirs, executors, administrators, successors and assigns to the Surety in accordance with the terms of the Construction to the Owner for the performance of the Construction Contract, which Contract or to a contractor selected to perform the Construction is incorporated herein by reference. Contract in accordance with the terms of the contract with the 2 If the Contractor performs the Construction Contract, the Surety and Owner. the Contractor shall have no obligation under this Bond, except to par- 4 When the Owner has satisfied the conditions of Paragraph 3, the ticipate in conferences as provided in Subparagraph 3.1. Surety shall promptly and at the Surety's expense take one of the 3 If there is no Owner Default/ the Surety's obligation under this Bond following actions: shall arise after: 3.1 The Owner has notified the Contractor and the Surety at its 4.1 Arrange for the Contractor with consent of the Owner, to address described in Paragraph 10 below that the Owner is con- perform and complete the Construction Contract; or sidering declaring a Contractor Default and has requested and 4.2 Undertake to perform and complete the Construction Contract attempted to arrange a conference with the Contractor and the itself, through its agents or through independent contractors; or Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract. 4.3 Obtain bids or negotiated proposals from qualified contractors If the Owner, the Contractor and the Surety agree, the Contractor acceptable to the Owner for a contract for performance and com- shall be allowed a reasonable time to perform the Construction Con- pletion of the Construction Contract, arrange for a contract to be tract, but such an agreement shall not waive the Owner's right, if prepared for execution by the Owner and the contractor selected any, subsequently to declare a Contractor Default; and with the Owner's concurrence, to be secured with performance 3.2 The Owner has declared a Contractor Default and formally and payment bonds executed by a qualified surety equivalent to terminated the Contractor's right to complete the contract. Such the bonds issued on the Construction Contract, and pay to the Contractor Default shall not be declared earlier than twenty days Owner the amount of damages as described in Paragraph 6 in after the Contractor and Surety have received notice as provided excess of the Balance of the Contract Price incurred by the Owner in Subparagraph 3.1; and resulting from the Contractor's default; or ORSC 22119 (10 -93) Page 1 of 2 4.4 Waive its right to perform and complete, arrange for completion, accrue on this Bond to any person or entity other than the Owner or Or obtain a new contractor and with reasonable promptness under its heirs, executors, administrators or successors. the circumstances: 8 The Surety hereby waives notice of any change, including changes .1 After investigation, determine the amount for which it may of time, to the Construction Contract or to related subcontracts, be liable to the Owner and, as soon as practicable after purchase orders and other obligations. the amount is determined, tender payment therefor to the 9 Any proceeding, legal or equitable, under this Bond may be Owner; or instituted in any court of competent jurisdiction in the location in which .2 Deny liability in whole or in part and notify the Owner citing the work or part of the work is located and shall be instituted within reasons therefor. two years after Contractor Default or within two years after the Con- tractor ceased working or within two years after the Surety refuses 5 If the Surety does not proceed as provided in Paragraph 4 with or fails to perform its obligations under this Bond, whichever occurs reasonable promptness, the Surety shall be deemed to be in default first. If the provisions of this Paragraph are void or prohibited by Iaw, on this Bond fifteen days after receipt of an additional written notice the minimum period of limitation available to sureties as a defense from the Owner to the Surety demanding that the Surety perform its Obligations under this Bond, and the Owner shall be entitled to enforce in the jurisdiction of the suit shall be applicable. any remedy available to the Owner. If the Surety proceeds as provided 10 Notice to the Surety, the Owner or the Contractor shall be mailed in Subparagraph 4.4, and the Owner refuses the payment tendered or delivered to the address shown on the signature page. or the Surety has denied liability, in whole or in part, without further 11 When this Bond has been furnished to comply with a statutory or notice the Owner shall be entitled to enforce any remedy available other legal requirement in the location where the construction was to the Owner. to be performed, any provision in this Bond conflicting with said statu- 6 After the Owner has terminated the Contractor's right to complete tory or legal requirement shall be deemed deleted herefrom and the Construction Contract, and if the Surety elects to act under provisions conforming to such statutory or other legal requirement Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of the shall be deemed incorporated herein. The intent is that this Bond shall Surety to the Owner shall not be greater than those of the Contractor be construed as a statutory bond and not as a common law bond. under the Construction Contract, and the responsibilities of the Owner 12 DEFINITIONS to the Surety shall not be greater than those of the Owner under the 12.1 Balance of the Contract Price The total amount payable by Construction Contract. To the limit of the amount of this Bond, but the Owner to the Contractor under the Construction Contract after subject to commitment by the Owner of the Balance of the Contract all proper adjustments have been made, including allowance to Price to mitigation of costs and damages on the Construction the Contractor of any amounts received or to be received by the Contract, the Surety is obligated without duplication for: Owner in settlement of insurance or other claims for damages to 6.1 The responsibilities of the Contractor for correction of defec- which the Contractor is entitled, reduced by all valid and proper tive work and completion of the Construction Contract; payments made to or on behalf of the Contractor under the Construction Contract. 6.2 Additional legal design professional and delay costs resulting 12.2 Construction Contract: The agreement between the Owner from the Contractor's Default, and resulting from the actions or and the Contractor identified on the signature page, including all failure to act of the Surety under Paragraph 4; and Contract Documents and changes thereto. 6.3 Liquidated damages, or if no liquidated damages are speci- 12.3 Contractor Default: Failure of the Contractor, which has neither fied in the Construction Contract. actual damages caused by been remedied nor waived, to perform or otherwise to comply with delayed performance or non - performance of the Contractor. the terms of the Construction Contract. 7 The Surety shall not be liable to the Owner or others for obligations 12.4 Owner Default: Failure of the Owner, which has neither been of the Contractor that are unrelated to the Construction Contract and remedied nor waived, to pay the Contractor as required by the the Balance of the Contract Price shall not be reduced or set off on Construction Contract or to perform and complete or comply with account of any such unrelated obligations. No right of action shall the other terms thereof. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added parties other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL (Corporate Seal) SURETY (Corporate Seal) Company: Company: Address: Address: Name and Title: Name and Title: Signature: Signature: ORSC 22119 (10 -93) Page 2 of 2 • Bond # GSB24597 PAYMENT BOND The American Institute of Architects, AIA Document No. A312 (December, 1984 Edition). Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): Contract M anagement, Inc. The Gray Casualty & Surety Company 1827 Killingsworth Rd. Augusta, GA. 30904 2750 Lake Villa Dr. Ste. 300 Metairie, LA. 70002 OWNER (Name and Address): Augusta Richmond County Commission 523 Telfair Street Augusta, GA. 30901 CONSTRUCTION CONTRACT Date: Amount: $89,940.21 Description (Name and Location): Lombard Mill Pond Trailproject #220016312 BOND Date (Not earlier than Construction Contract Date): Amount: $89,940.21 Modifications to this Bond: ❑ None ® See Page 2 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Contract Management, Inc. The Gray Casualty & Surety Company Signature: G(/ilit�, / ` Signature: 9f Name and T ' e: James Williams, President Name and Title: Thomas J. Bole, Attorney - in Fact (Any additional signatures appear on page 2.) (FOR INFORMATION ONLY —Name, Address and Telephone) OWNER'S REPRESENTATIVE (Architect, Engineer or other AGENT or BROKER: party): 1 The Contractor and the Surety, jointly and severally, bind them- 4.1 Claimants who are employed by or have a direct contract with the selves, their heirs, executors, administrators, successors and assigns Contractor have given notice to the Surety (at the address described to the Owner to pay for labor, materials and equipment furnished for in Paragraph 12) and sent a copy, or notice thereof, to the Owner, use in the performance of the Construction Contract, which is incor- stating that a claim is being made under this Bond and, with sub - porated herein by reference. stantial accuracy, the amount of the claim. 2 With respect to the Owner, this obligation shall be null and void if 4.2 Claimants who do not have a direct contract with the Contractor: the Contractor: .1 Have furnished written notice to the Contractor and sent a copy, 2.1 Promptly makes payment, directly or indirectly, for all sums due or notice thereof, to the Owner, within 90 days after having last Claimants, and performed labor or last fumished materials or equipment included 2.2 Defends, indemnifies and holds harmless the Owner from in the claim stating, with substantial accuracy, the amount of the claims, demands, liens or suits by any person or entity whose claim and the name of the party to whom the materials were fur - claim, demand, lien or suit is for the payment for labor, materials nished or supplied or for whom the labor was done or performed; or equipment furnished for use in the performance of the Construc- and tion Contract, provided the Owner has promptly notified the Con- .2 Have either received a rejection in whole or in part from the Con- tractor and the Surety (at the address described in Paragraph 12) tractor, or not received within 30 days of furnishing the above notice of any claims; demands, liens or suits and tendered defense of any communication from the Contractor by which the Contractor such claims, demands, liens or suits to the Contractor and the has indicated the claim will be paid directly or indirectly; and Surety, and provided there is no Owner Default. .3 Not having been paid within the above 30 days, have sent a 3 With respect to Claimants, this obligation shall be null and void if written notice to the Surety (at the address described in Paragraph the Contractor promptly makes payment, directly or indirectly, for all 12) and sent a copy, or notice thereof, to the Owner, stating that sums due. a claim is being made under this Bond and enclosing a copy of 4 The Surety shall have no obligation to Claimants under this Bond until: the previous written notice furnished to the Contractor. ORIC 22114 (7 -93) Page 1 of 2 5 If a notice required by Paragraph 4 is given by the Owner to the Con- Paragraph are void or prohibited by law, the minimum period of limi- tractor or to the Surety, that is sufficient compliance. tation available to sureties as a defense in the jurisdiction of the suit 6 When the Claimant has satisfied the conditions of Paragraph 4, the shall be applicable. Surety shall promptly and at the Surety's expense take the following 12 Notice to the Surety, the Owner or the Contractor shall be mailed actions: or delivered to the address shown on the signature page. Actual 6.1 Send an answer to the Claimant, with a copy to the Owner, receipt of notice by Surety, the Owner or the Contractor, however within 45 days after receipt of the claim, stating the amounts that accomplished, shall be sufficient compliance as of the date received are undisputed and the basis for challenging any amounts that are at the address shown on the signature page. disputed . 13 When this Bond has been furnished to comply with a statutory or 6.2 Pay or arrange for payment of any undisputed amounts. other legal requirement in the location where the construction was 7 The Surety's total obligation shall not exceed the amount of this to be performed, any provision in this Bond conflicting with said statu- Bond, and the amount of this Bond shall be credited for any payments tory or legal requirement shall be deemed deleted herefrom and made in good faith by the Surety. provisions conforming to such statutory or other legal requirement 8 Amounts owed by the Owner to the Contractor under the Construc- shall be deemed incorporated herein. The intent is that this Bond shall tion Contract shall be used for the performance of the Construction be construed as a statutory bond and not as a common law bond. Contract and to satisfy claims, if any, under any Construction Perfor- 14 Upon request by any person or entity appearing to be a potential mance Bond. By the Contractor furnishing and the Owner accepting beneficiary of this Bond, the Contractor shall promptly furnish a copy this Bond, they agree that all funds earned by the Contractor in the of this Bond or shall permit a copy to be made. performance of the Construction Contract are dedicated to satisfy obli- 15 DEFINITIONS gations of the Contractor and the Surety under this Bond, subject to 15.1 Claimant: An individual or entity having a direct contract with the Owner's priority to use the funds for the completion of the work. the Contractor or with a subcontractor of the Contractor to furnish 9 The Surety shall not be liable to the Owner, Claimants or others for labor, materials or equipment for use in the performance of the obligations of the Contractor that are unrelated to the Construction Contract. The intent of this Bond shall be to include without limi- Contract. The Owner shall not be liable for payment of any costs or tation in the terms "labor, materials or equipment" that part of expenses of any Claimant under this Bond, and shall have under this water, gas, power, light, heat, oil, gasoline, telephone service or Bond no obligation to make payments to, give notices on behalf of, rental equipment used in the Construction Contract, architectural or otherwise have obligations to Claimants under this Bond. and engineering services required for performance of the work of 10 The Surety hereby waives notice of any change, including changes the Contractor and the Contractor's subcontractors, and all other of time, to the Construction Contract or to related subcontracts, pur- items for which a mechanic's lien may be asserted in the jurisdic- chase orders and other obligations. tion where the labor, materials or equipment were furnished. 11 No suit or action shall be commenced by a Claimant under this 15.2 Construction Contract: The agreement between the Owner Bond other than in a court of competent jurisdiction in the location and the Contractor identified on the signature page, including all in which the work or part of the work is located or after the expiration Contract Documents and changes thereto. of one year from the date (1) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last 15.3 Owner Default: Failure of the Owner, which has neither been labor or service was performed by anyone or the last materials or remedied nor waived, to pay the Contractor as required by the Con - equipment were furnished by anyone under the Construction Con- struction Contract or to perform and complete or comply with the tract, whichever of (1) or (2) first occurs. If the provisions of this other terms thereof. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: Paragraph 6 of this bond is deleted in its entirety and replaced with the following provision: Within a reasonable time (1) after the Claimant has satisfied the conditions of Paragraph 4 and (2) after the Surety has reviewed all supporting documentation it requested to substantiate the amount of the claim, the Surety shall pay or arrange for payment of any undisputed amounts. Failure of the Surety to satisfy the above requirements shall not be deemed a forfeiture or waiver of the Surety's or the Contractor's defense under this Bond or their right to dispute such claim. However, in such event the Claimant may bring suit against the Surety as provided under this Bond. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) (Corporate Seal) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: Signature: Signature: Name and Title: Name and Title: Address: Address: Page 2 of 2 1 AUTHENTIC UNLESS IT HAS A TRUE WATERMARK VISIBLE FIBERS, AND A MICROPRINT BORDER • THIS DOCUMENT IS NOT AUTHENTIC UNLESS IT HAS A TRUE WATER O z, sl WI 1- E Z ? THE GRAY INSURANCE COMPANY oD THE GRAY CASUALTY & SURETY COMPANY f o 1 GENERAL POWER OF ATTORNEY 4 3 O H 7 °' KNOW ALL BY THESE PRESENTS, THAT The Gray Insurance Company and The Gray Casualty & Surety Company, corporations duly ; Y P Y Y Y tY P Y> rP Y F I organized and existing under the laws of Louisiana, and having their principal offices in Metairie, Louisiana, do hereby make, constitute, and appoint • Thomas J. Bole and Sharon E. Griffith of Birmingham, Alabama jointly or severally on behalf of each of the Companies named above its true w and lawful Attorney(s) -in -Fact, to make, execute, seal and deliver, for and on its behalf and as its deed, bonds, or other writings obligatory in the a o nature of a bond, as surety, contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no m , bond or undertaking or contract of suretyship executed under this authority shall exceed the amount of $10,000,000. z This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of a'• Directors of both The Gray Insurance Company and The Gray Casualty & Surety Company at meetings duly called and held on the 26 day of June, °= 2003 U 5 ''; "RESOLVED, that the President, Executive Vice President, any Vice President, or the Secretary be and each or any of them hereby is o 1 authorized to execute a power of Attorney p y qualifying the attorney named in the given Power of Attorney to execute on behalf of The Company • i1 bonds, undertakings, and all contracts of surety, and that each or any of them is hereby authorized to attest to the execution of such Power of vi Attorney, and to attach the seal of the Company; and it is cc , LL FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or J ;. to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall m , be binding upon the Company now and in the future when so affixed with regard to any bond, undertaking or contract of surety to which it is N attached. I cc ; IN WITNESS WHEREOF, The Gray Insurance Company and The Gray Casualty & Surety Company have caused their official seals to be hereinto 2 affixed, and these presents to be signed by their authorized officers this 12th day of July, 2004. so cc f a a a n BY: / /� /j Attest: y y ��, / . s oft U.1; `r: sue` a 4 CC r ;a SEAL I Michael T. Gray Mark S. Manguno It SE ID j a 0.. •• ' President, The Gray Insurance Company Secretary, a '' • " and The Gray Insurance Company, * • 1- Vice President, The Gray Casualty & Surety Company cn ! The Gray Casualty & Surety Company cn i Z State of Louisiana 7 ss: Parish of Jefferson w On this 12th day of July, 2004, before me, a Notary Public, personally appeared Michael T. Gray, President of The Gray Insurance Company and • Vice President of The Gray Casualty & Surety Company, and Mark S. Manguno, Secretary of The Gray Insurance Company and The Gray Casualty a & Surety Company, personally known to me, being duly sworn, acknowledged that they signed the above Power of Attorney and affixed the seals of z the companies as officers of, and acknowledged said instrument to be the voluntary act and deed, of their companies. cn , 4,0„„;.:14,,,,,,,,, ry 21 a i i{ ao �� ` 7 _ *• w` . j *z Lisa S. Millar, Notary Public, Parish of Orleans o , ,�r iuc fie= State of Louisiana T. i '•• OF co4 My Commission is for Life I, Mark S. Manguno, S ecretary of The Gray Insurance Company and The Gray Casualty & Surety Company, do hereby certify that the above and w forgoing is a true and correct copy of a Power of Attorney given by the companies, which is still in full force and effect. I o co IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this day of , . a j te r. .." U R =N� d c.,/ - d B ` A 6�' ���1 4 o ' c,; SEAL j f :i SEAL 11:.- Mark S. Manguno, Secretary a +'ti + ti .. = The Gray Insurance Company O 1` • •• • °' , • ••''�• The Gray Casualty & Surety Company z; a vi cc LLI m, LL; W co W i : cc a m, cc w I- POA10001 Rev 6 /15/2003 • 521103 7/12/2004 W 7 i CC I FI a CI) I a ; dl SS31Nfl O11N3H1f1V ION SI 1N3Wl000 SIHl • !!3Oli081NIlidOHOIW V 0NV `Stl3SH 3181SIA `NtiVW2i31VM 3f11i1 V SVH 11 SS31Nf1 OIIN3H1flV ION SI 1N31A1f1000 SIH LO M BARD POND RECREATION TRAIL CONTRACT Tables of Contents Section Invitation to Bid Instruction to Bidd iBi - 1133 Supplemental General Conditions Index SGCi -4 Standard General Conditions 1 49 Addendum(s) 1 - 3 Agreement Ai - A3 Contractor's Statements: >. Attachment B • Contractor's Statement of Non - Discrimination • Non - collusion of Prime Bidder /Offeror • Conflict of Interest Statement • Contractor's Affidavit and Agreement Statement ➢ Subcontractor's Affidavits ➢ Non - collusion Affidavit of Subcontractor ➢ Good Faith Efforts - Subcontractor & Supplier Contact Form ➢ LSB Subcontractor /Supplier Utilization Plans ➢ Monthly Subcontractor /Supplier Utilization Report ➢ Contractor's Bonds /Insurance Pages Proposal P - P Standard general conditions 1- 49 Technical Specifications > Civil: • Section 020 55 • Soils - Structural 1 -2 • Section 02060 • Aggregate 1- 2 • Section 02230 • Clearing & Grubbing 1 • Section 02311 • Grading 1- 3 • Section 023 • Trenching 1- 6 • Section oz6io • Pipe Culverts 1- 4 • Section 02721 • Aggregate Course 1- 2 • Section 02750 • Concrete Construction 1- 3 • Section 02924 • Seeding and Soil Supplements 1- 3 Attachment A > Equal Opportunity Clause 1- 2 Attachment B > Design Plans Invitation To Bid Sealed bids will be received at this office until 3:00 p.m., Wednesday, November 10, 2010 for fumishing: Bid Item #10 -192 Lombard Pond Recreation Trail for Planning and Zoning Department Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams Procurement Department 530 Greene Street - Room 605 Augusta, Georgia 30901 706- 821 -2422 Bid documents may be examined at the office of the Augusta, GA Procurement Department, 530 Greene Street — Room 605, Augusta, GA 30901. Plans and specifications for the project shall be obtained by all prime, subcontractors and suppliers exclusively from Augusta Blue Print. The fees for the plans and specifications which are non - refundable is $35.00. Documents may also be examined during regular business hours at the F. W. Dodge Plan Room, 1281 Broad Street, Augusta, GA 30901. It is the wish of the Owner that all businesses are given the opportunity to submit on this project. To facilitate this policy the Owner is providing the opportunity to view plans online (www.auaustablueprint.com) at no charge through Augusta Blueprint (706 722 -6488) beginning Tuesday, October 12, 2010. Bidders are cautioned that submitting a package without Procurement of a complete set are likely to overlook issues of construction phasing, delivery of goods or services, or coordination with other work that is material to the successful completion of the project. Bidders are cautioned that sequestration of documents through any other source is not advisable. Acquisition of documents from unauthorized sources places the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. A Mandatory Pre -Bid Conference will be held on Friday, October 22, 2010 @ 10:00 a.m. in the Procurement Department — Room 605. All questions must be submitted in writing to the office of the Procurement Department by fax at 706 -821 -2811 or by mail. No bid will be accepted by fax, all must be received by mail or hand delivered. All questions are to be submitted in writing by Monday, October 25, 2010 by 5:00 p.m. No Bid may be withdrawn for a period of 60 days after time has been called on the date of opening. A 10% Bid bond is required to be submitted in a separate envelope so marked along with the bidders' qualifications; a 100% performance bond and a 100% payment bond will be required for award. An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waiveable or modifiable by the Procurement Director. Please mark BID number on the outside of the envelope. Disadvantage Business Enterprise (DBE) Augusta- Richmond County, Georgia does not operate a DBE, MBE or WBE Program for Augusta funded projects, as a Federal Court has entered an Order enjoining the Race -Based portion of Augusta's DBE Program. Instead Augusta operates a Local Small Business Opportunity Program. However, for various projects utilizing the expenditure of State or Federal funds, Augusta enforces DBE requirements and /or DBE goals set by the Federal and/or State Agencies in accordance with State and Federal laws. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle October 12, 14, 19, 21, 2010 Metro Courier October 18, 2010 cc: Tameka Allen Interim Deputy Administrator George Patty Planning and Zoning �i SECTION IB INSTRUCTION TO BIDDERS IB -01 GENERAL All proposals must be presented in a sealed envelope, addressed to the Owner. The proposal must be filed with the Owner on or before the time stated in the invitation for bids. Mailed proposals will be treated in every respect as though filed in person and will be subject to the same requirements. Proposals received subsequent to the time stated will be returned unopened. Prior to the time stated any proposal may be withdrawn at the discretion of the bidder, but no proposal may be withdrawn for a period of sixty (60) days after bids have been opened, pending the execution of contract with the successful bidder. IB -02 EXAMINATION OF WORK Each bidder shall, by careful examination, satisfy himself as to the nature and location of the work, the conformation of the ground, the character, quality and quantity of the facilities needed preliminary to and during the prosecution of the work, the general and local conditions, and all other matt which can in any way affect the work or the cost thereof under the contract. No oral agreement or.- conversation ers hi with any officer, agent, or employee of the Owner, either before or after the execution of the contract, shall affect or modify any of the terms or obligations therein. IB -03 ADDENDA AND INTERPRETATIONS No interpretation of the meaning of plans, specifications or other prebid documents will be made to any bidder orally. Every request for such interpretation should be in writing addressed to Geri A. Sams, Director of Purchasing; Purchasing Department; Room 605; 530 Greene Street; Augusta, GA 30901 to be given consideration must be received at least five days prior to the date fixed for the opening of bids. Any and all such interpretations and any supplemental instructions will be in the form of written addenda to the specifications which, if issued, will be sent by certified mail with return receipt requested to all prospective bidders (at the respective addresses furnished for such purposes), not later than three days prior to the date fixed for the opening of bids. Failure of any bidder to receive any such addendum or interpretation shall not relieve such bidder from any obligation under his bid as submitted. All addenda so issued shall become part of the Contract Documents. IB -04 PREPARATION OF BIDS Bids shall be submitted on the forms provided and must be signed by the bidder or his authorized representative. Any corrections to entries made on bid forms should be initialed by the person signing the bid. Bidders must quote on all items appearing on the bid forms, unless specific directions in the advertisement, on the bid form, or in the special specifications allow for partial bids. Failure to quote on all items may disqualify the bid. When quotations on all items are not required, bidders shall insert the words "no bid" where appropriate. Alternative bids will not be considered unless specifically called for. P &Z - Lombard Pond Recreation Trail Contract Telegraphic bids will not be considered. Modifications to bids already submitted will be ed r to me fixed in the Invitation for Bids. Modifications shall be submitted allowif as such submitted , and by ea not aph prior reveal the the total ti amount of either the original or revised bids. Bids by wholly owned proprietorships or partnerships will be signed by all owners. Bids of corporations will be signed by an officer of the firm and his signature attested by the secretary thereof who will affix the corporate seal to the proposal. NOTE: A 10% Bid Bond is required in all cases. IB -05 BASIS OF AWARD The bids will be compared on the basis of unit prices, as extended, which will include and cover the furnishing of all material and the performance of all labor requisite or proper, and completing of all the work called for under the accompanying contract, and in the manner set forth and described in the specifications. Where estimated quantities are included in certain items of the proposal, they are for the purpose of comparing bids. While they are believed to be close approximations, they are not guaranteed. It is the responsibility of the Contractor to check all items of construction. In case of error in extension of prices in a proposal, unit bid prices shall govern. IB -06 BIDDER'S QUALIFICATIONS No proposal will be received from any bidder unless he can present satisfactory evidence that he is skilled in work of a similar nature to that covered by the contract and has sufficient assets to meet all obligations to be incurred in carrying out the work. He shall submit with his proposal, sealed in a separate envelope, a FINANCIAL EXPERIENCE AND EQUIPMENT STATEMENT, giving reliable information as to working capital available, plant equipment, and his experience and general qualifications. The Owner may make such investigations as are deemed necessary to determine the ability of the bidder to perform the work and the bidder shall furnish to him all such additional information and data for this purpose as may be requested. The Owner reserves the right to reject any bid if the evidence submitted by the bidder or investigation of him fails to satisfy the Owner that such bidder is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein. Part of the evidence required above shall consist of a list of the names and addresses of not less than five (5) firms or corporations for which the bidder has done similar work. IB -07 PERFORMANCE BOND At the time of entering into the contract, the Contractor shall give bond to the Owner for the use of the Owner and all persons doing work or furnishing skill, tools, machinery or materials under or for the purpose of such contract, conditional for the payment as they become due, of all just claims for such work, tools, machinery, skill and terms, for saving the Owner harmless from all cost and charges that may accrue on account of the doing of the work specified, and for compliance with the laws pertaining thereto. Said bond shall be for the amount of the contract satisfactory to the Owner and authorized by law to do business in the State of Georgia. Attorneys -in -fact who sign bonds must file with each copy thereof a certified and effectively dated copy of the power of attorney. /8 -2 P &Z - Lombard Pond Recreation Trail Contract IB -08 REJECTION OF BIDS These proposals are asked for in good faith, and awards will be made as soon as practicable, provided satisfactory bids are received. The right is reserved, however to waive any informalities in bidding, to reject any and all proposals, or to accept a bid other than the lowest submitted if such action is deemed to be in the best interest of the Owner. IB -3 P &Z - Lombard Pond Recreation Trail Contract • • • ' " t SUPPLEMENTAL GENERAL CONDITIONS INDEX SGC -01. Owner's Liability and Property Insurance SGC -02. Contractor's Liability Insurance SGC -03. Special Hazards SGC -04. Testing Laboratory SGC -05. Surveys SGC -06. Progress Payments SGC -07. Drawings SGC -08. Rights -of -Way SGC -09. Estimate of Quantities SGC -10. Existing Structures and Utilities SGC -11. Contractor's Breakdown of Lump Sum Payment Items SGC -12. Prior Use by Owner SGC -13. Cleaning Up SGC -14. Maintenance of Traffic SGC -15. Maintenance of Access SGC -16. Erosion Control and Restoration of Property SGC -17. Safety and Health Regulations sccl P &Z - Lombard Pond Recreation Trail Contract SGC -01. OWNER'S LIABILITY & PROPERTY INSURANCE: Sections 5.05, 5.06, 5.07, 5.08, 5.09, and 5.10 of the General Conditions shall be amended as follows: No additional liability or property insurance will be purchased by the Augusta Commission for this project. Current insurance coverages will remain in effect for the life of this Contract. SGC -02. CONTRACTOR'S LIABILITY INSURANCE: Insurance shall be written with limits of liability shown below or as required by law, whichever is greater: • Commercial General Liability (per occurrence) Each Occurrence $ 1,000,000 • General Aggregate $ 2,000,000 • Products $ 2,000,000 • Personal & Adv Injury $ 1,000,000 • Fire Damage $ 500,000 • Automobile Liability (any auto) Combined Single Limit $ 1,000,000 • Excess Liability (Umbrella) Each Occurrence $ 5,000,000 • Workers Compensation Statutory Limits • Employer Liability $ 1,000,000 SGC -03. SPECIAL HAZARDS: The Contractor's and his Subcontractor's Liability and Property Damage Insurance shall provide adequate protection against the following special hazards: (a) Work within the right -of -ways of the Georgia Highway System and the Augusta - Richmond County Road System, and Augusta- Richmond County property. (b) Work within easements granted by property owners in connection with the construction of the project. (c) Work in close proximity to existing water lines, power lines, telephone lines, gas lines, other utilities and private structures contiguous to the job site. SGC -04. TESTING LABORATORY: If required, All materials testing and laboratory work, with the exception of the testing related to the NPDES requirements, in connection therewith shall be paid for by the Contractor and approved by the Owner. Owner or Owner's representative may order construction and materials testing at any time deemed proper to control the quality of work. SCC2 P&Z - Lombard Pond Recreation Trail Contract SGC -05. SURVEYS: The Engineer will provide Richmond County's GIS. The Contractor will provide surveying for construction stake -out. SGC -06. PROGRESS PAYMENTS: Section 14.02 of the General Conditions shall be amended as follows: The Contractor may submit monthly estimates for materials and work installed and complete, in place. No payment will be made on the basis of material and equipment delivered and stored on site and not incorporated in the work, complete and in place. Payments will be made to the Contractor by the 15th of the month for work completed the previous month. provisions This agreement is intended by the Parties to, and does, supersede any and all of the Georgia Prompt Pay Act, O.C.G.A. Section 13 -11 -1, et seq. In the event any provision of this Agreement is inconsistent with any provision of the Prompt Pay Act, the provision of this Agreement shall control. Not withstanding any provision of the law to the contrary, the parties agree that no interest shall be due Contractor on any sum held as retainage pursuant to this Agreement and Contractor specifically waive any claim to same. Contractor to submit all pay request information to Augusta Planning & Zoning Department (Owner). SGC -07. DRAWINGS: The Engineer will furnish to the Contractor all copies of drawings reasonably necessary for the execution of the work. Location of all features of the work included in the Contract are indicated on the Contract Drawings. The following drawings comprise the plans for this contract: Sheet No. Title C1.0 Cover Sheet C2.1 — C2.2 Construction Plans C3.1 — C3.4 Construction Details C4.1 — C4.2 Erosion Control Plans C4.3 Erosion Control Notes / Details SGC -08. RIGHTS -OF -WAY: The OWNER will furnish all land and rights -of -way necessary for the carrying out of this contract and the completion of the work herein contemplated and will use due diligence in acquiring said land and rights -of -way as speedily as possible. But it is possible that all lands and rights -of -way may not be obtained as herein contemplated before construction begins, in which event the contractor shall begin his work upon such land and rights -of -way as the OWNER may have previously acquired and no claim for damages whatsoever will be allowed by reason of the delay in SCC3 limmibad Rind fleasidimin Trail' Cm= t 8 obtaining the remaining lands and rights -of -way. Should the OWNER be prevented or enjoined from proceeding with the work or from authorizing its prosecution, either before the commencement, by reason of any litigation or by reason of its inability to procure any lands or rights -of -way for the said work, the Contractor shall not be entitled to make or assert any claim for damage by reason of said delay or to withdraw from the contract except by consent of the OWNER; but time for completion of the work will be extended to compensate for the time lost by such delay; such determination to be set forth in writing and approved by the OWNER. SGC -09. ESTIMATE OF QUANTITIES: The estimated quantities of work to be done and materials to be furnished under this contract if shown in any of the documents including the bid are given only for use in comparing bids and to indicate approximately the total amount of the contract and the right is especially reserved except as herein otherwise specifically limited to increase or diminish them as may be deemed reasonably necessary or desirable by the OWNER to complete the work contemplated by this contract and such increase or diminution shall in no way vitiate this contract nor shall any such increase or diminution give cause for claims or liability for damages. SGC -10. EXISTING STRUCTURES AND UTILITIES: The existence and location of structures and underground utilities indicated on the plans are not guaranteed and shall be investigated and verified in the field by the contractor before starting work. The contractor shall be held responsible for any damage to and for maintenance and protection of existing utilities and structures. • SGC -11. CONTRACTOR'S BREAKDOWN OF LUMP SUM PAYMENT ITEMS: The contractor shall, immediately after the contract has been awarded, submit to the Augusta Planning & Zoning Department Director for his approval, a breakdown showing estimates of all costs apportioned to the major elements of equipment, material and labor comprising the total work included under any of the lump sum items shown in the proposal. These estimates as approved will serve as the basis for estimating of payments due on all progress estimates. SGC -12. PRIOR USE BY OWNER: Prior to completion of the work, the OWNER (by agreement with the Contractor) may take over the operation and /or use of the incomplete project or portions thereof. Such prior use of the facilities by the OWNER shall not be deemed as acceptance of any work or relieve the Contractor from any of the requirements of the Contract Documents. SGC -13. CLEANING UP: The Contractor shall keep the premises free from the accumulation of waste material and rubbish and upon completion of the work, prior to final acceptance of the completed project by the OWNER, he shall remove from the premises all rubbish, surplus materials, implements, tools, etc, and leave his work in a clean condition, satisfactory to the Augusta Planning & Zoning Department Director. SCC4 P&Z - Lombard Pond Recreation Tire Contract LOMBARD POND RECREATION TRAIL Item f Item Description Quantity Units Unit Cost I Total Cost 1 FORCE ACCOUNT (Allowance)' 1 LS I I` $5,000.00 $5,000.00 2 I MISCELLANEOUS (INCL. BUT NOT LIMITED TO STAKING, MOBILIZING, AND MISC. SITE WORK) 1 I LS l 3 I CLEARING AND GRUBBING I 1.00 LS I I 4 GRADING I 210.00 I CY I 5 I EROSION CONTROL COMPLETE I 1.00 LS 1 l 6 CONSTRUCT AND REMOVE TEMP SILT FENCE, TP C I 1500.00 LF I 7 CONSTRUCTION EXIT I 1.00 I EA I I 8 AGGREGATE SURFACE COURSE I 240.00 TN I ! 9 RAILROAD TIE I 100.00 LF I 10 I BOLLARD 1 1.00 EA I I 11 I CONCRETE TRAIL 41N 1 370.00 I SY I 1 12 BOARDWALK ABUTMENT DETAIL 4.00 EA (INCLUDES BUT NOT LIMITED TO CONCRETE, R I EBAR,.ANCHOR BOLTS, 2X8 PLATE) I 13 I BOARDWALKS I 99.00 1 LF I (STA:5 +71 TO 6 +25) and (STA:8 +10 TO 8 +55) GRADING 1.00 LS 15 I CLEARING AND GRUBBING I 1.00 I LS I I 16 1 EROSION CONTROL COMPLETE 1 1.00 I LS I I 17 ABUTMENT DETAIL 1.00 I (INCLUDES BUT NOT LIMITED TO CONCRETE, REBAR, ANCHOR BOLTS, 2X8 PLATE) I I EA I 1 18 I OVERLOOK DOCK STRUCTURE AND GANGWAY I 1.00 I LS I TOTAL BID FVV rrv' �� 77: -1 c 5 ..R'i.�as u gi § 'J°b Col .. _ x r ' lm.. /, �'4 'sr n X50 ` ✓ A IVZ4V u 5 � � �, v 1.�5`�.v^ =-� �^r� "• �� �+.1_��17�,. ! /j � � n ,�i�A 19 AGGREGATE SURFACE COURSE 60.00 TN (PARKING AREA) 20 I CONCRETE TRAIL 4 IN J 775.00 1 SY TOTAL LT 1)1 *Bid Item #1 Force Account (Allowance) to be used for drainage activities or general BID tru t o UDE A n activities as directed by County or County Representative P -2 • G E ' O R GI A `,., ffleve O Faxed /Mailed TO: All Bidders Phyllis Mills, Quality Assurance Analyst George Patty Augusta Planning and Zoning Department FROM: Geri Sams ttki.) Procurement Director DATE: October 28, 2010 SUBJ: Responses to Bidder's Questions BID ITEM: 10 -192 Lombard Pond Recreation Trail for Augusta Planning and Zoning Department BID OPENING DATE: Wednesday, November 10, 2010 at 3:00 P.M. ADDENDUM NO. 1 The bid will be awarded to the lowest responsive bidder based on total' bid price not by unit prices. RESPONSES TO BIDDER'S QUESTIONS 1. Question: Where the proposed 10' wide concrete entrance trail passes near the existing foundation structures, there is not enough space to fit the width of the trail. Also, in order to maintain less than a 5% slope in this area it appears the structure corner will need to be removed enough to pass and to allow for fill to bring the slope into compliance. Please clarify what is needed in this area. Answer: Miner fill placement will be acceptable. The trail location is approximate and the exact location will be field verified by owner or owner's representative during is to meet ADA guidelines and may need to be narrowed to fit. 2. Question: Along the main trail, near station 3 +50 there is an old flume that will need to be filled across in order to maintain Tess than a 5% slope. Are we to fill this area? Answer: The crossing will need to be constructed as per the regulatory negotiation committee on accessibility guidelines for outdoor developed areas, final report dated September 30, 1999. Location of storm culverts to be field determined and sized by engineer. A storm culvert may need to be installed at this location and will be paid by the force account. 3. Question: Near station 7 +00, rainwater from the area above runs through the trail area. Are drainpipes required here or shall the path be lowered to allow for the runoff to pass over the trail? Answer: The trail section near station 7 +00 will be field evaluated to determine the best method of conveying surface runoff. Allowing runoff to pass over the trail and/or storm culverts will both be evaluated. If required, the storm culverts will be paid by the force account. 4. Question: Sheet C3.3, miscellaneous note #5 indicates 4" shear plates. The drawings show the steel connection plates, however, shear plates are not shown. Are there any shear plates required, if so, where? Answer: Delete Miscellaneous note #5 on Sheet C3.3. 5. Question: The unit price bid sheet shows 1500 LF of type "C" silt fence. The drawings have a different quantity. Is payment based on the unit cost per amount installed? Room 605 - 530 Green Street, Augusta Georgia 30911 (706) 821 -2422 - Fax(706)821-281I Addendum 1 Bid Item #10 -192 www.augustaga.gov Register at www.demandstar.com /supplier for automatic bid notification Answer: Please revise Bid item #6 CONSTRUCT AND REMOVE TEMP SILT FENCE, TP C from 1500 LF to 2200 LF. Payment is based on unit cost installed. See revised Unit Price Sheet Attached. 6. Question: Drawing C3.1 shows an increased area to be cleared and graded where a trail section meets with an obstacle (tree). For bid purposes, how many such obstacles are planned? Answer: Location(s) utilizing the typical trail section with obstacle will be field determined. Field alignment changes are anticipated to minimize trail section with obstacles. 7. Question: At the dam end of the walkway there is a pipe that indicates an underground tank. Does this pipe have any significance to this project? A nswer: A Field evaluation constructed by the contractor and owner will determine the probability of the existence of an underground storage tank (UST). If an UST or other regulated facility is encountered, the limits of project will be modified to avoid this area. 8. Question: Will the installation of the walkway and silt fence stay below the 1 acre indicated on the plans? Answer: The disturbed area is not anticipated to be more the 1 Acre. 9. Question: During the installation of the silt fence in the designated area, tree roots will be compromised. What responsibility do I have for trees that may die due to this installation? Answer: Silt fence is to be installed to minimize impact to the tree roots. Contractor will be responsible for negligent acts; contractor to coordinate the installation of silt fence with the project engineer. Alternatives to type "C" silt fence will be determined in the field. Please acknowledge addendum in your submittal END ADDENDUM Enclosures: Revised Price Bid Sheet • Addendum 1 Bid Item #10 -192 LOMBARD POND RECREATION TRAIL (REVISED PER ADDENDUM #1) 1-9MBA11 4 :140:7-1,',. •' W— - ECREATiONAL TRAIL Item I Item Description Quantity Units Unit Cost Total Cost 1 f FORCE ACCOUNT (Allowance)* { 1 LS $5,000.00 1 $5,000.00 2 I MISCELLANEOUS MOBIL ZING, AND MISCTSITEI WEORO)STAKING, 1.00 LS 1 3 1 CLEARING AND GRUBBING 1.00 LS I I 4 1 GRADING 210.00 CY I I 5 1 EROSION CONTROL COMPLETE 1.00 I LS I 6 I CONSTRUCT AND REMOVE TEMP SILT FENCE, TP C I 2200.00 I LF I 7 1 CONSTRUCTION EXIT I 1.00 EA I 8 I AGGREGATE SURFACE COURSE 240.00 I TN I 9 1 RAILROAD TIE 100.00 I LF I 10 I BOLLARD 1.00 EA I 11 I CONCRETE TRAIL 4 IN 370.00 SY I 12 BOARDWALK ABUTMENT DETAIL I 4.00 EA (INCLUDES BUT NOT LIMITED TO CONCRETE, REBAR, ANCHOR I I BOLTS, 2X8 PLATE) 13 I BOARDWALKS 99.00 f LF l (STA:5 +71 TO 6 +25) and (STA:8 +10 TO 8 +55) ' 1 ' p ' 1L _T Acv Y . r,.1^,.;:;.,4:_, 14 I GRADING 1 1.00 l LS I f 15 1 CLEARING AND GRUBBING I 1.00 I LS I 16 I EROSION CONTROL COMPLETE I 1.00 I LS I I 17 ( ABUTMENT DETAIL f 1.00 EA L (INCLUDES BUT NOT LIMITED TO CONCRETE, REBAR, ANCHOR I l BOLTS, 2X8 PLATE) ( I I 18 1 OVERLOOK DOCK STRUCTURE AND GANGWAY I 1.00 I LS TOTAL BID �P "i" 11614t. .o ;. ' . . .. +I-AY M# . #2Q ,h'r y .. } . il . 19 AGGREGATE SURFACE COURSE 60.00 TN (PARKING AREA) 20 CONCRETE TRAIL 4 IN 775.00 SY TOTAL BID (INCLUDE ALT 1) *Bid Item #1 Force Account (Allowance) to be used for drainage activities or general construction activities as directed by County or County Representative P -2 Addendum 1 Bid Item #10 -192 I :' AGREEMENT THIS AGREEMENT, made on the day of , 20_, by and between AUGUSTA, GEORGIA, BY AND THROUGH THE AUGUSTA COMMISSION, party of the first part, hereinafter called the OWNER, and , party of the second part, hereinafter called the CONTRACTOR. WITNESSETH, that the Contractor and the Owner, for the considerations hereinafter named, agree as follows: ARTICLE 1 - SCOPE OF THE WORK The Contractor hereby agrees to furnish all of the materials and all of the equipment and labor necessary, and to perform all of the work shown on the plans and described in the specifications for the project entitled: LOMBARD POND RECREATION TRAIL FOR PLANNING AND ZONING DEPARTMENT and in accordance with the requirements and provisions of the Contract Documents as defined in the General and Special Conditions hereto attached, which are hereby made a part of this agreement. ARTICLE II - TIME OF COMPLETION - LIQUIDATED DAMAGES The work to be performed under this Contract shall be commenced within 10 calendar days after the date of written notice by the Owner or the Contractor to proceed. All work shall be completed within 90 calendar days with all such extensions of time as are provided for in the General Conditions. It is hereby understood and mutually agreed, by and between the Contractor and the Owner, that the date of beginning, rate of progress and the time for completion of the work to be done hereunder are ESSENTIAL CONDITIONS of this contract. Contractor agrees that said work shall be prosecuted regularly, diligently, and uninterruptedly at such rate of progress as will ensure full completion thereof within the time specified. It is expressly understood and agreed by and between the Contractor and the Owner, that the time for completion of the work described herein is a reasonable time for completion of the same, taking into consideration the average climatic range and construction conditions prevailing in this locality. IF THE CONTRACTOR SHALL NEGLECT, FAIL, OR REFUSE TO COMPLETE THE WORK WITHIN THE TIME HEREIN SPECIFIED, then the Contractor does hereby agree, as a part of the consideration for the awarding of this contract, to pay the Owner the sum of ($ )Dollars, not as a penalty, but as liquidated damages for such breach of contract as hereinafter set forth, for each and every calendar day that the Contractor shall be in default after the time stipulated in the Contract for completing the work. A -1 The said amount is fixed and agreed upon by and between the Contractor and the Owner because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the Owner would, in such event, sustain, and said amounts shall be retained from time to time by the Owner from current periodical estimates. It is further agreed that time is of the essence of each and every portion of this Contract and the specifications wherein a definite portion and certain length of time is fixed for the additional time is allowed for the completion of any work, the new time limit fixed by extension shall be the essence of this contract. ARTICLE 111 - PAYMENT (A) The Contract Sum The Owner shall pay to the contractor for the performance of the Contract the amount as stated in the Proposal and Schedule of Items. No variations shall be made in the amount except as set forth in the specifications attached hereto. (B) Progress Payment On no later than the fifth day of every month, the Contractor shall submit to the Owner an estimate covering the percentage of the total amount of the Contract which has been completed from the start of the job up to and including the last working day of the preceding month, together with such supporting evidence as may be required by the Owner and /or the Engineer. This estimate shall include only the quantities in place and at the unit prices as set forth in the Bid Schedule. On the vendor run following approval of the invoice for payment, the Owner shall after deducting previous payments made, pay to the Contractor 90% of the amount of the estimate on units accepted in place. The 10% retained percentage may be held by the Owner until the final completion and acceptance of all work under the Contract. ARTICLE IV - ACCEPTANCE AND FINAL PAYMENT (A) Upon receipt of written notice that the work is ready for final inspection acceptance, the Engineer shall within 10 days made such inspection, and when he finds the work acceptable under the Contract and the Contract fully performed, he will promptly issue a final certificate, over his own signature, stating that the work required by this Contract has been completed and is accepted by him under the terms and conditions thereof, and the entire balance found to be due the Contractor, including the retained percentage, shall be paid to the Contractor by the Owner within 15 days after the date of said final certificate. (B) Before final payment is due, the Contractor shall submit evidence satisfactory to the Engineer that all payrolls, material bills, and other indebtedness connected with work have been paid, except that in case of disputed indebtedness of liens of evidence of payment of all such disputed amounts when adjudicated in cases where such payment has not already been guaranteed by surety bond. A -2 (C) The making and acceptance of the final payment shall constitute a waiver of all claims by the Owner, other than those arising from unsettled liens, from faulty work appearing within 12 months after final payment, from requirements of the specifications, or from manufacturer's guarantees. It shall also constitute a waiver of all claims by the Contractor except those previously made and still unsettled. (D) If after the work has been substantially completed, full completion thereof is materially delayed through no fault of the Contractor, and the Engineer, so certifies, the Owner shall upon certification of the Engineer, and without terminating the Contract, make payment of the balance due for that portion of the work fully completed and accepted. Each payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in three (3) counterparts, each of which shall be deemed an original, in the year and day first mentioned above.., , ,.. ® ,4 7 „--v" - v „ 3` ` • ), ., , v. AUGUSTA, GEORGIA (VEZ4 ' . ' .‘ ?' e. O , Y fi < © ,�' 4 t t ivi As its Mayor F- e 4' f ,— %V : /f Witness ..._ -. CONT TOR: (SEAL) B G j) As • s CS I. cerA ATTEST: �� : ion Expires Address: 1 a Z7 C1-:Adis r.Jv April 13, 2013 I & t• L 'lks 3 if 4. VAI Wit ess I, A -3 � � n I' 1117 USE THE ATTACHED FORMS AND ADHERE TO THE INSTRUCTIONS ON EACH FORM PLEASE DO NOT SUBSTITUTE FORMS: Attachment B: Statement of Non- Discrimination, Non - Collusion Affidavit of Prime Bidder /Offeror, Conflict of Interest and Contractor Affidavit and Agreement. Bidder'g Proposal Form /Acknowledgement of Addenda Note: THE ABOVE FORMS MUST BE COMPLETED AND SUBMITTED WITH YOUR SUBMITTAL Georgia Security and Immigration Subcontractor Affidavit Non - Collusion Affidavit of Sub - Contractor Local Small Business (LSB) Good Faith Efforts Local Small Business (LSB) Subcontractor /Supplier Utilization Plan Note: The successful vendor will submit the above forms to the Procurement Department not later than five (5) days after receiving the `Letter of Recommendation" (vendor's letter will denote the date forms are to be received) Local Small Business (LSB) monthly subcontractor /supplier utilization report will be submitted upon request. Bidders are cautioned that sequestration of BID documents through any source other than the office of the Procurement Department is not advisable. Acquisition of SID documents from unauthorized sources placed the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. Rev. 3/10/2010 ' �►__ — .. -�ZZ Attachment B Listed below is a consolidated listing of the Statement of Non - Discrimination, Non - Collusion Affidavit of Prime Bidder /Offeror, Conflict of Interest and Contractor Affidavit and Agreement. Please complete, date, notarize and return pages 1 - 3 of Attachment B with your submittal. Statement of Non - Discrimination The undersigned understands that it is the policy of Augusta- Richmond County to promote full and equal business opportunity for all persons doing business with Augusta- Richmond County. The undersigned covenants that we have not discriminated, on the basis of race, religion, gender, national origin or ethnicity, with regard to prime contracting, subcontracting or partnering opportunities. The undersigned covenants and agrees to make good faith efforts to ensure maximum practicable participation of local small businesses on the bid or contract awarded by Augusta- Richmond County. The undersigned further covenants that we have completed truthfully and fully the required forms regarding good faith efforts and local small business subcontractor /supplier utilization. The undersigned further covenants and agrees not to engage in discriminatory conduct of any type against local small businesses, in conformity with Augusta- Richmond County's Local Small Business Opportunity Program. Set forth below is the signature of an officer of the bidding /contracting entity with the authority to bind the entity. The undersigned acknowledge and warrant that this Company has been made aware of understands and agrees to take affirmative action to provide such companies with the maximum practicable opportunities to do business with this Company; That this promise of non - discrimination as made and set forth herein shall be continuing in nature and shall remain in full force and effect without interruption; That the promises of non - discrimination as made and set forth herein shall be and are hereby deemed to be made as part of and incorporated by reference into any contract or portion thereof which this Company may hereafter obtain and; That the failure of this Company to satisfactorily discharge any of the promises of nondiscrimination as made and set forth herein shall constitute a material breach of contract entitling the City of Augusta to declare the contract in default and to exercise any and all applicable rights remedies including but not limited to cancellation of the contract, termination of the contract, suspension and debarment from future contracting opportunities, and withholding and or forfeiture of compensation due and owing on a contract. Attachment B - Page 2 of 3 Non- Collusion of Prime Bidder /Offeror By submission of a bid, the vendor certifies, under penalty of perjury, that to the best of its knowledge and belief: (a) The prices in the proposal have been arrived at independently without collusion, consultation, communications, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other vendor or with any competitor. (b) Unless otherwise required by law, the prices which have been quoted in the proposal have not been knowingly disclosed by the vendor prior to opening, directly or indirectly, to any other vendor or to any competitor. (c) No attempt has been made, or will be made, by the vendor to induce any other person, partnership or corporation to submit or not to submit a proposal for the purpose of restricting competition. Collusions and fraud in bid preparation shall be reported to the State of Georgia Attorney General and the United States Justice Department. Conflict of Interest By submission of a bid, the responding firm certifies, under penalty of perjury, that to the best of its knowledge and belief: 1. No circumstances exist which cause a Conflict of Interest in performing the services required by this ITB, and 2. That no employee of the County, nor any member thereof, not any public agency or official affected by this ITB, has any pecuniary interest in the business of the responding firm or his sub - consultants) has any interest that would conflict in any manner or degree with the performance related to this ITB. By submission of a bid, the vendor certifies under penalty of perjury, that to the best of its knowledge and belief: (a) The prices in the bid have been arrived at independently without collusion, consultation, communications, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other vendor or with any competitor. (b) Unless otherwise required by law, the prices which have been quoted in the bid have not knowingly been disclosed by the vendor prior to opening, directly or indirectly, to any other vendor or competitor. c) No attempt has been made, or will be made, by the vendor to induce any other person, partnership or cooperation to submit or not to submit a bid for the purpose of restricting competition. For any breach or violation of this provision, the County shall have the right to terminate any related contract or agreement without liability and at its discretion to deduct from the price, or otherwise recover, the full amount of such fee, commission, percentage, gift, payment or consideration. ....--"' 7 "--------- ---z4_,—. • ...- ddi In accordance with the Laws of Georgia, the following affidavit is required by all vendors NON - COLLUSION AFFIDAVIT OF SUBCONTRACTOR I, N/A certify that this bid or proposal is made without prior understanding, agreement or connection with any corporation, firm or person submitting a bid for the same work, labor or service to be done or the supplies, materials or equipment to be furnished and is in all respects fair and without collusion or fraud. I understand collusive bidding is a violation of state and federal law and can result in fines, prison sentences and civil damages awards. I agree to abide by all conditions of this bid or proposal and certify that I am authorized to sign this bid or proposal for the bidder. Affiant further states that pursuant to O.C.G.A. Section 36 -91 -21 (d) and (e), N/A has not, by itself or with others, directly or indirectly, prevented or attempted to prevent competition in such bidding or proposals by any means whatsoever. Affiant further states that (s)he has not prevented or endeavored to prevent anyone from making a bid or offer on the project by any means whatever, nor has Affiant caused or induced another to withdraw a bid or offer for the work. Affiant further states that the said offer of N/A / is bona fide, and that no one has gone to any s •plier and attempted to get such person or company to furnish the materials to the bidder only, or if furni- o any other bidder�ht at the material shall be at a higher price. / '/ ■ L . S' nature of Authorized Company Representative President Title S rn t and subscri bet . -f. ° me this W t day of A/Z) VEM /,3M2 , 20 /6 / • jr -/ Nota ' A ignature Notary Public: Pedie/V (Print Name) County: A ' 0, t! Q / \/ Commission Expires: Notary Public, Richmond County, Georgia NOTARY SEAL My CommissionEKpires February 10, 2014 If there are no subcontracting opportunities the form must be executed (write N /A, sign, date and notarize). Note: The successful vendor will submit the above form to the Procurement Department no later than five (5) days after receiving the `Letter of Recommendation" (Vendor's letter will denote the date forms are to be received) REV. 12/30/09 ..---- / 4". . ---* - -- ‘,........./. STATE OF GEORGIA - COUNTY OF RICHMOND BID /RFP /RFQ# 10 -1 **N/A** SUBCONTRACTOR AFFIDAVIT By executing this affidavit, the undersigned subcontractor verifies its compliance with 0.C.G.A. 13- 10 -91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services under a contractwithContr Mgmt . , Inc . on behalf of Augusta Richmond County Board of Commissioners has registered with and is participating in a federal work authorization program* [any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 ((RCA), P.L. 99 -603], in accordance with the applicability provisions and deadlines established in O. C. G. A 13- 10 -91. 225306 E- Verify * User Identification Number Conte "act Management, Inc. Co,I:�ny Name / .> :1' : Authorized ifficer or Agent (Contractor Signature) Prpsi dent Title of Authorized Officer or Agent of Contractor Georgia Law requires your company to have an James Williams E Verify *User Identification Number on or after July Printed Name of Authorized Officer or Agent 1, 2009. SUBSCRIBED AND SWORN BEFORE ME ON THIS THE For additional information: State of Georgia hftp:/ fw Aw /rules/300 10 1.odf DA fa F / G , 20 / Z) httos;! /e- verifY.uscis.gov /enroll/ _ o • u •Iic 'Commission Expires: Notary Public, Richmond County, Georgia My Commission Expires February 10, 2014 NOTARY SEAL If there are no subcontracting opportunities the form must be executed (write N /A, sign. date and notarize). Note: The successful vendor will submit the above form to the Procurement Department no later than five (5) days after receiving the "Letter of Recommendation" (Vendor's letter will denote the date forms are to be received) REV. 12 /30/09 Attachment B - Page 3 of 3 Contractor Affidavit and Agreement By executing this affidavit, the undersigned contractor verifies its compliance with 0.C.G.A. 13- 10 -91, stating affirmatively that the individual, firm, or corporation which is contracting with Augusta Richmond County Board of Commissioners has registered with and is participating in a federal work authorization program* [any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99 -603], in accordance with the applicability provisions and deadlines established in 0.C.G.A 13- 10 -91. The undersigned further agrees that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to this contract with Augusta Richmond County Board of Commissioners, contractor will secure from such subcontractor(s) similar verification of compliance with 0.C.G.A 13 -10 -91 on the Subcontractor Affidavit provided in Rule 300- 10- 01 -.08 or a substantially similar form. Contractor further agrees to maintain records of such compliance and provide a copy of each such verification to the Augusta Richmond County Board of Commissioners at the time the subcontractor(s) is retained to perform such service. Georgia Law requires your company to have an E- Verify *User Identification Number on or after July 1, 2009. For additional information visit the State of Georgia website: htt Gk's venfy.ustis_orwlertrcir and /or httr:A,,aom Ilst tacra us'ad`fJrul le lortf 2 25306 E- Verify * User Identification Number The undersigned further agrees to submit a notarized copy of Attachment B and any required documentation noted as part of the Augusta Richmond County Board of Commissions specifications which govern this process. In addition, the undersigned agrees to submit all required forms for any subcontractor(s) as requested and or required. 1 further understand that my submittal will be deemed non - compliant if any part of this process is violated. oe e Co act Management, Inc. C-ny Name -gam (A) c : Authorized Officer or Agent (Contractor Signature) President Title of Authorized Officer or Agent of Contractor James Williams Printed Name of Authorized Officer or Agent S _ : CRIBED AN S OR II BEFORE ME ON THIS THE DAY OF hV . ' _ , 20 %el f a-- NOTARY SEAL No Public otary u � b e, Richmond County, Gwrpa M Commission Expires: My Commission Expires February 10 Please complete, date, notarize and return pages 1 -3 of Attachment B with your submittal Rev. 11/13/09 li i CO ' N c LC o,., m Oav 3= O' L ._ _ a 3 L Opp - _ _ _ ��i <C‹ 3ZZ: _ C1 _, oar ••� :' -E 0 >, tom p .4 ■ , � 4 IN: . �. -,-I Fa 'any � cam r3 ati � O . j 1 y N ;lSR0, 1 '' • ., � .,.� � , anr '' I I' c.v..; �, e) �y E 6' axs4,_, Asa, .� _ -J-�CY plc:: 0 I a CtL� ai. L I- y a.... O... .+ r CLIO � .. . :.. y dip• O > L E G � F�� . o en 02 co Q ..- 00 ' =o o v 4 � v r m� ..c • „ c• - to mut LLJ..n I I I U .. + co ari • tr_ 7. o tl O btn a �a a > O C- Ff- ®. .cnis. N co Map ,..%., p rd = v m = r� r d CO • O . .• .7 U I L L _ _ ++' n. CO. . co X u H 5 CD. J �' G t� T L.Y. Or La) Q m] fA5 Z = au tt Ils I , 20 i' •=-- I (NI. 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H Z 1 SY 1 8 (7C. =Pu • H I 3 li Wn au , zz co -tz 03 (5i 42 a Lila U13 C13 73) r _ == co • H M M. = 0,6 Wit3Dit 4-) = = F57m,,T„ 2 2 ga i_.70 0c0 ........ 4C EH _ L., lirg <ES H 7r, O ol = MI . - .., ti 1 =0 uo CD (50 :...0 0 O CD tr. = 0-1 til, ai = c:) = r0 - al = • H or X 6 al tilli t.) • ap jel. U o ...1 14 LIJ- COCO cc a a LW CD uu.. 4- E-1 M aD WE c/r, citC = 6 .. • . = Lim .:g I-- Q = LW DIZ 2r rr, li- u. co CM 40- ag co os, CC LUJ CC Lila eq,1 43 a33 cD- cx cc P -4 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we the undersigned Contract Management, Inc . as Principal and The Gray casualty & Surety Cnmpany as Surety, are hereby held and firmly bound unto the Augusta Commission, Georgia, as OWNER in the penal sum of ten percent & 00/100---(10%) forthe paymentofwhich, well and truly made, we hereby jointly and severally bind ourselves, successors and assigns. Signed, this 10th day of November , 2010 The condition of the above obligation is such that whereas the Principal has submitted to the Augusta Commission a certain bid, attached hereto and hereby made a part hereof to enter into a contract in writing for the LOMBARD POND RECREATION TRAIL FOR PLANNING AND ZONING DEPARTMENT. NOW, THEREFORE, (a) If said Bid shall be rejected or in the alternate, (b) If said bid shall be accepted and the principal shall execute and deliver a contract in the Form of Contract attached hereto (properly completed in accordance with said bid) and shall furnish a bond for his faithful performance of said contract and for the payment of all persons performing labor or furnishing materials in connection therewith and shall in all other respects perform the agreement created by the acceptance of said bid. then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of time within which the Owner may accept such Bid; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals and sxich of them as are corporations have caused their corporate seals to be hereto affixed and presents to bp- signed by their proper officers, the date and year first set forth above. (I/Mx:4 ✓Vii vC(.-\- -- — (L.S.) / PrincipalContract Management, Inc. T`he Gray Casualty & Surety Company Surety By: �i Thomas J. Bole, Attorney -in -Fact IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the state where the project is located. BB -2 THE GRAY INSURANCE COMPANY THE GRAY CASUALTY & SURETY COMPANY ' 1: GENERAL POWER OF ATTORNEY 1 2 ®8 4 KNOW ALL BY THESE PRESENTS, THAT The Gray Insurance Company and The Gray Casualty & Surety Company, corporations duly 9i organized and existing under the laws of Louisiana, and having their principal offices in Metairie, Louisiana, do hereby make, constitute, and appoint Thomas J. Bole and Sharon E. Griffith of Birmingham, Alabama jointly or severally on behalf of each of the Companies named above its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its deed, bonds, or other writings obligatory in the nature of a bond, as surety, contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed the amount of $10,000,000. ' This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both The Gray Insurance Company and The Gray Casualty & Surety Company at meetings duly called and held on the 26` day of June, • 2003 "RESOLVED, that the President, Executive Vice President, any Vice President, or the Secretary be and each or any of them hereby is authorized to execute a power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of The Company bonds, undertakings, and all contracts of surety, and that each or any of them is hereby authorized to attest to the execution of such Power of Attorney, and to attach the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be binding upon the Company now and in the future when so affixed with regard to any bond, undertaking or contract of surety to which it is attached. • IN WITNESS WHEREOF, The Gray Insurance Company and The Gray Casualty & Surety Company have caused their official seals to be hereinto affixed, and these presents to be signed by their authorized officers this 12th day ofJuly, 2004. `' SURVA N °F By Attest: '� ini, P JP` " SCR ` SEAL �' °�� __��`� -. Michael T. Gray >..1 , Mark S. Manguno SEAL r ' + — .4-t-,,- President, The Gray Insurance Company Secretary, �,; — o a : and The Gray Insurance Company, y�'' •....... '?? Vice President, The Gray Casualty & Surety Company , *. - The Gray Casualty & Surety Company State of Louisiana ss: Parish of Jefferson On this 12th day ofJuly, 2004, before me, a Notary Public, personally appeared Michael T. Gray, President of The Gray Insurance Company and Vice President of The Gray Casualty & Surety Company, and Mark S. Manguno, Secretary of The Gray Insurance Company and The Gray Casualty .'t & Surety Company, personally known to me, being duly sworn, acknowledged that they signed the above Power of Attorney and affixed the seals of 6, the companies as officers of, and acknowledged said instrument to be the voluntary act and deed, of their companies. its � /{ Pueuc r, = Lisa S. Millar, Notary Public, Parish of Orleans : a =,i°r••. : 4, -a,-p • • :, g ,; $ . State of Louisiana "• o F �ov� " °' My Commission is for Life I, Mark S. Manguno, Secretary of The Gray Insurance Company and The Gray Casualty & Surety Company, do hereby certify that the above and forgoing is a true and correct copy of a Power of Attorney given by the companies, which is still in full force and effect. � v IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this I day of '1 = -0 _ =_: QTY A . � 1j � �1 \���� `i SE AL 1 ,' o f fi ` S E AL " o k _ ' °` ' Mark S. Manguno, Secretary P` t . r'•. :r - �'y., -- = The Gray Insurance Company * r ' °;• The Gray Casualty & Surety Company m °' =•t w :o o c n ;m 2 ••1 IN : 2 0 ;C P0A 10001 Rev 6/15/2003 521103 7/12/2004 , t : . - 1 2 0 ; Z ' 1 The Owner is an Equal Opportunity Employer. ' f Contract Management, Inc. / ✓ l / , ;� t iewv Name of Bidder Signature & Title of Author) ed Representative 1827 Killingsworth Road Business Address Augusta, GA 30904 City and State Date: 11/9/10 ti' 1414 PROPOSAL for LOMBARD POND RECREATION TRAIL FOR PLANNING AND ZONING DEPARTMENT Augusta Commission Municipal Building Augusta, Georgia 30911 Gentlemen: The undersigned, as bidder, herein referred to a singular and masculine, declares as follows: 1. The only parties interested in the proposal as principals are named herein; 2. He has carefully examined and fully understands the Contract Documents 3. He understands that information relative to existing structures and underground utilities as furnished to him on the drawings, the Contract Documents or by the Augusta Planning & Zoning Department, can no guarantee expressed or implied, as to its completeness or accuracy and he has made due allowances therefore; 4. He has made a personal examination of the site of the proposed work and has satisfied himself as to the actual conditions and requirements of the work; and hereby proposes and agrees that, if the Proposal is accepted he will contract with the Augusta Commission, Georgia, to furnish all machinery, tools, apparatus and other means of construction and to do all work and furnish materials called for in accordance with the requirements of the Director of the Augusta Planning & Zoning Department and the true intent of the Contract Documents and that he will take in full payment for each item of work, thereof, the unit or lump sum price applicable to that item as stated in the schedule below. (NOTE: Bidders must bid on each item.) P 1 of 3 P &Z - Lombard Pond Recreation Trail Contract LOMBARD POND RECREATION TRAIL �� (REVISED PER ADDENDUM #1) LOMBARD POND PROPERTY - RECREATIONAL TRAIL Item Item Description Quantity Units Unit Cost Total Cost 1 FORCE ACCOUNT (Allowance)* 1 1 LS $5,000.00 $5,000.00 2 MISCELLANEOUS (INCL. BUT NOT LIMITED TO STAKING, 1.00 LS MOBILIZING, AND MISC. SITE WORK) 2 (,Z, a,s (8 Z 3 I CLEARING AND GRUBBING 1.00 LS l Z 4.1) & 2. 7t/ toD 4 GRADING 210.00 CY 5 71,2. 12 5 EROSION CONTROL COMPLETE 1.00 LS / 874 371 / 871.3 7 6 CONSTRUCT AND REMOVE TEMP SILT FENCE, TP C 2200.00 LF Q id. / 31Z., 73 7 CONSTRUCTION EXIT 1.00 EA St Q .7; 5/f . 7 z- 8 I AGGREGATE SURFACE COURSE 240.00 I TN 4( 7.n I / 1 '1 9 RAILROAD TIE 100.00 LF 5, 74 5 7 10 BOLLARD 1.00 EA 607. // /0-47e 11 CONCRETE TRAIL 4 IN 370.00 SY YG DDS `5 / 8 7 , 12 BOARDWALK ABUTMENT DETAIL 4.00 EA I (INCLUDES BUT NOT LIMITED TO CONCRETE, REBAR, ANCHOR � /%� / CO ��` J.3 BOLTS, 2X8 PLATE) 13 BOARDWALKS 99.00 LF � (STA:5 +71 TO 6 +25) and (STA:8 +10 TO 8 +55) flue, e, D3 1 y t157. 412 OVERLOOK DOCK 14 GRADING 1.00 LS IZgc� ?I! f29t t Q / 15 I CLEARING AND GRUBBING 1.00 Z944 1 /LQ/ _ 31 16 EROSION CONTROL COMPLETE 1.00 I LS (2y9.L jI b tr ` 17 ABUTMENT DETAIL 1.00 EA P 7 (INCLUDES BUT NOT LIMITED TO CONCRETE, REBAR, ANCHOR BOLTS, 2X8 PLATE) 40433 01/33 1 11 , E 18 OVERLOOK DOCK STRUCTURE AND GANGWAY 1.00 LS /Z265,7/ 1Z' , 7G TOTAL BID gq 'IA 3 ALTERNATII/E 11 (CONCRET TRAIL) DELETE PAY ITEM # 8 AGGREGATE SURFACE COURSE; ADD PAY ITEM #i9 & #20 19 AGGREGATE SURFACE COURSE 60.00 TN y� 7 (PARKING AREA) '/. ( 5f1 2-355 20 CONCRETE TRAIL 4 IN 775.00 SY - /. A 3 3078.51 TOTAL BID (INCLUDE ALT 1) gs 87Y,o7... *Bid Item #1 Force Account (Allowance) to be used for drainage ezea or general construction activities as County Representative kecteaLlun T1 oil Cu, Arad The contract covering the construction of all work described above will be completed within 90 consecutive calendar days from the date specified in the "Notice to Proceed" of the Augusta Planning & Zoning Department Director. In strict accordance with the contract documents and in consideration of the amounts shown on the bid schedule attached hereto, the undersigned, s bidder, submits d he base bi following , t otaling :.6s'9 N;,oe, \hows..ad - u;Ne. pia red - Fo t1. oL1.,t 4-4-9 _Dollars ($ $q � gy0.3 i ) sufsject to reductions, additions and deletions p herein on the basis of measured quantities of completed work and the prices bid. Bidder further agrees to pay as liquidated damages the sum of $500.00 for each consecutive calendar day thereafter. It is understood that the Owner reserves the right to reject any and all proposals or to accept any proposal as deemed to be to the best interest of the Owner. It is also understood that the following addenda as issued during the bid period shall be included as part of the Contract Documents: Addendum Date 1 10/28/10 The undersigned bidder understands and agrees that should the Owner accept this proposal, the bidder will within ten (10) days from the date of notification of acceptance of his proposal, execute the contract and furnish the Owner with satisfactory performance and payment bond in the amount equal to one hundred percent (100% of he total base bid su . Enclosed her :with is a Bid Bond or eIC led Check t: h in the amount of - . .c.a*..): -t.)' N - t _ . AS ,i `• Dollars ($ 6 VI' , p 3 ) being not less than ten (10%) percent of the total base bid sum. Should the bidder fail to execute the Contract and furnish the Performance and Payment Bond in case this proposal is accepted, the Owner shall have the right to receive the amount of the bid security as liquidated damages. If the security is a Certified Check it may be cashed by the Owner and the amount received shall become the property of the Owner. If the security is a Bid Bond, the value thereof shall be paid to the Owner by the Surety. The undersigned by submittal of this proposal, agrees that the above stated amount is the proper measure of liquidated damages which the Owner will sustain by the failure of the undersigned to execute the Contract and furnish the Performance and Payment Bond. The successful bidder shall have a current Business License. P 3 of 3 P &Z - Lombard Pond Recreation Trail Contract K Hzyp This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the Controlling Law. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly By National Society of American Society AC E C Professional EngineersSC� of Civil Engineers IUVCAN COUNGL Or ENOIPM.Ill COAIPAN Professional Engineers In Private Practice A PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE a practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN CONSULTING ENGINEERS COUNCIL AMERICAN SOCIETY OF CIVIL ENGINEERS This document has been approved and endorsed by The Associated General Contractors of America 1 and the Construction Specification Institute i K i nr Creating end Sustaining t Built Environ These General Conditions have been prepared for use with the Suggested Forms of Agreement Between Owner and Contractor (Nos. C -520 or C -525, 2002 Editions). Their provisions are interrelated and a change in one may necessitate a change in the other. Comments concerning their usage are contained in the EJCDC Construction Documents, General and Instructions (No. C -001, 2002 Edition). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (No. C -800, 2002 Edition). EJCDC C -700 Standard General Conditions of the Construction Contracts Copyright © 2002 National Society, of Professional Engineers for EJCDC. All rights reserved. Copyright © 2002 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314 -2794 (703) 684-2882 American Consulting Engineers Council 1015 1 5th Street N.W., Washington, DC 20005 (202) 347 -7474 American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191 -4400 (800) 548 -2723 EJCDC C -700 Standard General Conditions of the Construction Contracts Copyright 0 2002 National Society of Professional Engineers for EJCDC. All rights reserved. • TABLE OF CONTENTS Page Article 1 - Defmitions and Terminology 1 1.01 Defined Terms 1 1.02 Terminology 4 Article 2 - Preliminary Matters 5 2.01 Delivery of Bonds and Evidence of Insurance 5 2.02 Copies of Documents 5 2.03 Commencement of Contract Times; Notice to Proceed 5 2.04 Starting the Work 6 2.05 Before Starting Construction 6 2.06 Preconstruction Conference 6 2.07 Initial Acceptance of Schedules 6 Article 3 - Contract Documents: Intent, Amending, Reuse 6 3.01 Intent 6 3.02 Reference Standards 7 3.03 Reporting and Resolving Discrepancies 7 3.04 Amending and Supplementing Contract Documents 8 3.05 Reuse of Documents 8 3.06 Electronic Data 8 Article 4 - Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions; Reference Points 8 4.01 Availability of Lands 8 4.02 Subsurface and Physical Conditions 9 4.03 Differing Subsurface or Physical Conditions 9 4.04 Underground Facilities 10 4.05 Reference Points 11 4.06 Hazardous Environmental Condition at Site 11 Article 5 - Bonds and Insurance 13 5.01 Performance, Payment, and Other Bonds 13 5.02 Licensed Sureties and Insurers 13 5.03 Certificates of Insurance 13 5.04 Contractor's Liability Insurance 13 5.05 Owner's Liability Insurance 14 5.06 Property Insurance 15 5.07 Waiver of Rights 16 5.08 Receipt and Application of Insurance Proceeds 16 5.09 Acceptance of Bonds and Insurance; Option to Replace 17 5.10 Partial Utilization, Acknowledgment of Property Insurer 17 Article 6 - Contractor's Responsibilities 17 6.01 Supervision and Superintendence 17 6.02 Labor; Working Hours 17 6.03 Services, Materials, and Equipment 18 6.04 Progress Schedule 18 6.05 Substitutes and "Or- Equals" 18 6.06 Concerning Subcontractors, Suppliers, and Others 20 6.07 Patent Fees and Royalties 91 6.08 Permits 21 6.09 Laws and Regulations 22 EJCDC C -700 Standard General Conditions of the Construction Contracts Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Pagel 6.10 Taxes 22 6.11 Use of Site and Other Areas 22 6.12 Record Documents 23 6.13 Safety and Protection 23 6.14 Safety Representative 23 6.15 Hazard Communication Programs 24 6.16 Emergencies 24 6.17 Shop Drawings and Samples 24 6.18 Continuing the Work 25 6.19 Contractor's General Warranty and Guarantee 25 6.20 Indemnification 26 6.21 Delegation of Professional Design Services 26 Article 7 - Other Work at the Site 17 7.01 Related Work at Site 27 7.02 Coordination 28 7.03 Legal Relationships 28 Article 8 - Owner's Responsibilities 28 8.01 Communications to Contractor 28 8.02 Replacement of Engineer 28 8.03 Furnish Data 28 8.04 Pay When Due 28 8.05 Lands and Easements; Reports and Tests 28 8.06 Insurance 29 8.07 Change Orders 29 8.08 Inspections, Tests, and Approvals 29 8.09 Limitations on Owner's Responsibilities 29 8.10 Undisclosed Hazardous Environmental Condition 29 8.11 Evidence of Financial Arrangements 29 Article 9 - Engineer's Status During Construction 29 9.01 Owner's Representative 29 9.02 Visits to Site 29 9.03 Project Representative 30 9.04 Authorized Variations in Work 30 9.05 Rejecting Defective Work 30 9.06 Shop Drawings, Change Orders and Payments 30 9.07 Determinations for Unit Price Work 30 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work 31 9.09 Limitations on Engineer's Authority and Responsibilities 31 Article 10 - Changes in the Work; Claims 31 10.01 Authorized Changes in the Work 31 10.02 Unauthorized Changes in the Work 32 10.03 Execution of Change Orders 32 10.04 Notification to Surety 32 10.05 Claims 32 Article 11 - Cost of the Work; Allowances; Unit Price Work 33 11.01 Cost of the Work 33 11.02 Allowances 35 11.03 Unit Price Work 35 EJCDC C -700 Standard General Conditions of the Construction Contracts Copyright © 2002 National Society of Professional Engineers for EJCDC. 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Page ii Article 12 - Change of Contract Price; Change of Contract Times 36 12.01 Change of Contract Price 36 12.02 Change of Contract Times 37 12.03 Delays 37 Article 13 - Tests and Inspections; Correction, Removal or Acceptance of Defective Work 38 13.01 Notice of Defects 38 13.02 Access to Work 38 13.03 Tests and Inspections 38 13.04 Uncovering Work 39 13.05 Owner May Stop the Work 39 13.06 Convection or Removal of Defective Work 39 13.07 Correction Period 39 13.08 Acceptance of Defective Work 40 13.09 Owner May Correct Defective Work 40 Article 14 - Payments to Contractor and Completion 41 14.01 Schedule of Values.. 41 14.02 Progress Payments 41 14.03 Contractor's Warranty of Title 43 14.04 Substantial Completion 43 14.05 Partial Utilization 44 14.06 Final Inspection 44 14.07 Final Payment 45 14.08 Final Completion Delayed 45 14.09 Waiver of Claims 46 Article 15 - Suspension of Work and Termination 46 15.01 Owner May Suspend Work 46 15.02 Owner May Terminate for Cause 46 15.03 Owner May Terminate For Convenience 47 15.04 Contractor May Stop Work or Terminate 47 Article 16 - Dispute Resolution 48 16.01 Methods and Procedures 48 Article 17 - Miscellaneous 48 I7.01 Giving Notice 48 17.02 Computation of Times 48 17.03 Cumulative Remedies 48 17.04 Survival of Obligations 49 17.05 Controlling Law 49 17.06 Headings 49 EJCDC C -700 Standard General Conditions of the Construction Contracts Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Page Iii GENERAL CONDITIONS ARTICLE 1— DEFINITIONS AND TERMINOLOGY 1.01 Defined Terns A. Wherever used in the Bidding Requirements or Contract Documents and printed with initial capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda — Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement — The written instrument which is evidence of the agreement between Owner and Contractor covering the Work. 3. Application for Payment — The foam acceptable to Engineer which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos — Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5. Bid — The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 6. Bidder — The individual or entity who submits a Bid directly to Owner. 7. Bidding Documents — The Bidding Requirements and the proposed Contract Documents (including all Addenda). 8. Bidding Requirements — The Advertisement or Invitation to Bid, Instructions to Bidders, bid security of acceptable form, if any, and the Bid Form with any supplements. 9. Change Order — A document recommended by Engineer which is signed by Contractor and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 10. Claim — A demand or assertion by Owner or Contractor seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim. 11. Contract — The entire and integrated written agreement between the Owner and Contractor concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. 12. Contract Documents — Those items so designated in the Agreement. Only printed or hard copies of the items listed in the Agreement are Contract Documents. Approved Shop Drawings, other Contractor's submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. EJCDC C -700 Standard General Conditions of the Construction Contracts Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Page 1 of 49 13. Contract Price — The moneys payable by Owner to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work). 14. Contract Times — The number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any, (ii) achieve Substantial Completion; and (iii) complete the Work so that it is ready for final payment as evidenced by Engineer's written recommendation of final payment. 15. Contractor — The individual or entity with whom Owner has entered into the Agreement. 16. Cost of the Work — See Paragraph 11.01.A for definition. 17. Drawings — That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Shop Drawings and other Contractor submittals are not Drawings as so defined. 18. Effective Date of the Agreement — The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 19. Engineer — The individual or entity named as such in the Agreement. 20. Field Order — A written order issued by Engineer which requires minor changes in the Work but which does not involve a change in the Contract Price or the Contract Times. 21. General Requirements — Sections of Division 1 of the Specifications. The General Requirements pertain to all sections of the Specifications. 22. Hazardous Environmental Condition — The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto in connection with the Work. 23. Hazardous Waste — The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 24. Laws and Regulations; Laws or Regulations — Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 25. Liens — Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 26. Milestone — A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. 27. Notice of Award — The written notice by Owner to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, Owner will sign and deliver the Agreement. 28. Notice to Proceed — A written notice given by Owner to Contractor fixing the date on which the Contract Times will commence to run and on which Contractor shall start to perform the Work under the Contract Documents. 29. Owner — The individual or entity with whom Contractor has entered into the Agreement and for whom the Work is to be perfomied. 30. PCBs — Polychlorinated biphenyls. EJCDC C -700 Standard General Conditions of the Construction Contracts Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Page2of49 31. Petroleum — Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non - Hazardous Waste and crude oils. 32. Progress Schedule — A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times. 33. Project — The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part. 34. P roject Manual — The bound documentary information prepared for bidding and constructing the Work. A listing of the contents of the Project Manual, which may be bound in one or more volumes, is contained in the table(s) of contents. 35. Radioactive Material — Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 36. Related Entity — An officer, director, partner, employee, agent, consultant, or subcontractor. 37. Resident Project Representative — The authorized representative of Engineer who may be assigned to the Site or any part thereof. 38. Samples — Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 39. Schedule of Submittals — A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 40. Schedule of Values — A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. . 41. Shop Drawings — All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 42. Site — Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights -of -way and easements for access thereto, and such other lands furnished by Owner which are designated for the use of Contractor. 43. Specifications — That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. 44. Subcontractor — An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. 45. Substantial Completion — The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The tenns "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 46. Successful Bidder — The Bidder submitting a responsive Bid to whom Owner makes an award. EJCDC C -700 Standard General Conditions of the Construction Contracts Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Page 3 of 49 47. Supplementary Conditions — That part of the Contract Documents which amends or supplements these General Conditions. 48. Supplier — A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or any Subcontractor. 49. Underground Facilities — All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 50. Unit Price Work— Work to be paid for on the basis of unit prices. 51. Work — The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 52. Work Change Directive — A written statement to Contractor issued on or after the Effective Date of the Agreement and signed by Owner and recommended by Engineer ordering an addition, deletion, or revision in the Work, or responding to differing or unforeseen subsurface or physical conditions under which the Work is to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the change ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times. 1.02 Tenninology A. The following words or terms are not defined but, when used in the Bidding Requirements or Contract Documents, have the following meaning. B. Intent of Certain Terns or Adjectives 1. The Contract Documents include the terms "as allowed," "as approved," "as ordered ", "as directed" or terms of like effect or import to authorize an exercise of professional judgment by Engineer. In addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of Engineer as to the Work. It is intended that such exercise of professional judgment, action or determination will be solely to evaluate, in general, the Work for compliance with the requirements of and information in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective is not intended to and shall not be effective to assign to Engineer any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of Paragraph 9.09 or any other provision of the Contract Documents. C. Day 1. The word "day" means a calendar day of 24 hours measured from midnight to the next midnight. D. Defective 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it: EJCDC C -700 Standard General Conditions of the Construction Contracts Copyright © 2002 National Society, of Professional Engineers for EJCDC. All rights reserved. Page 4 of 49 a. does not conform to the Contract Documents, or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents, or c. has been damaged prior to Engineer's recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 14.04 or 14.05). E. Furnish, Install, Peofonn, Provide 1. The word "furnish," when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. 2. The word "install," when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use. 3. The words "perform" or "provide," when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use. 4. When "furnish," "install," "perform," or "provide" is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of Contractor, "provide" is implied. F. Unless stated otherwise m the Contract Documents, words or phrases which have a well -known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2 — PRELIMINARY MATTERS 2.01 Delivery ofBonds and Evidence of Insurance A. When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner such bonds as Contractor may be required to furnish. B. Evidence of Insurance: Before any Work at the Site is started, Contractor and Owner shall each deliver to the other, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance which either of them or any additional insured may reasonably request) which Contractor and Owner respectively are required to purchase and maintain in accordance with Article 5. 2.02 Copies of Documents A. Owner shall furnish to Contractor up to ten printed or hard copies of the Drawings and Project Manual. Additional copies will be furnished upon request at the cost of reproduction. 2.03 Commencement of Contract Tines; Notice to Proceed A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the Agreement. In no event will the Contract Times commence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. EJCDC C -700 Standard General Conditions of the Construction Contracts Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Page 5 of 49 2.04 Starting the Work A. Contractor shall start to perform the Work on the date when the Contract Times commence to run. No Work shall be done at the Site prior to the date on which the Contract Times commence to run. 2.05 Before Starting Construction A. Preliminary Schedules: Within 10 days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), Contractor shall submit to Engineer for timely review: 1. a preliminary Progress Schedule; indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2. a preliminary Schedule of Submittals; and 3. a preliminary Schedule of Values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 106 Pr econstruction Conference A. Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in Paragraph 2.05.A, procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records. 2.07 Initial Acceptance of Schedules A. At least 10 days before submission of the first Application for Payment a conference attended by Contractor, Engineer, and others as appropriate will be held to review for acceptability to Engineer as provided below the schedules submitted in accordance with Paragraph 2.05.A. Contractor shall have an additional 10 days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to Contractor until acceptable schedules are submitted to Engineer. 1. The Progress Schedule will be acceptable to Engineer if it provides an orderly progression of the Work to completion within the Contract Times. Such acceptance will not impose on Engineer responsibility for the Progress Schedule, for sequencing, scheduling, or progress of the Work nor interfere with or relieve Contractor from Contractor's full responsibility therefor. 2. Contractor's Schedule of Submittals will be acceptable to Engineer if it provides a workable arrangement for reviewing and processing the required submittals. 3. Contractor's Schedule of Values will be acceptable to Engineer as to form and substance if it provides a reasonable allocation of the Contract Price to component parts of the Work. ARTICLE 3 — CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage EJCDC C -700 Standard General Conditions of the Construction Contracts Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Page 6of49 as being required to produce the intended result will be provided whether or not specifically called for at no additional cost to Owner. C. Clarifications and interpretations of the Contract Documents shall be issued by Engineer as provided in Article 9. 3.02 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard, specification, manual or code, or any instruction of a Supplier shall be effective to change the duties or responsibilities of Owner, Contractor, or Engineer, or any of their subcontractors, consultants, agents, or employees from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to Owner, or Engineer, or any of, their Related Entities, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies 1. Contractor's Review of Contract Documents Before Starting Work: Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein and all applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy which Contractor may discover and shall obtain a written interpretation or clarification from Engineer before proceeding with any Work affected thereby. 2. Contractor's Review of Contract Documents During Petformance of Work: If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents or between the Contract Documents and any provision of any Law or Regulation applicable to the performance of the Work or of any standard, specification, manual or code, or of any instruction of any Supplier, Contractor shall promptly report it to Engineer in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 6.16.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04. 3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor knew or reasonably should have known thereof. B. Resolving Discrepancies 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and: a. the provisions of any standard, specification, manual, code, or instruction (whether or not specifically incorporated by reference in the Contract Documents); or b. the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). EJCDC C -700 Standard General Conditions of the Construction Contracts Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Page 7 of 49 3.04 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by either a Change Order or a Work Change Directive. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, by one or more of the following ways: 1. A Field Order; 2. Engineer's approval of a Shop Drawing or Sample; (Subject to the provisions of Paragraph 6.17.D.3); or 3. Engineer's written interpretation or clarification. 3.05 Reuse ofDocuments A. Contractor and any Subcontractor or Supplier or other individual or entity performing or furnishing all of the Work under a direct or indirect contract with Contractor, shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer or Engineer's consultants, including electronic media editions; or 2. reuse any of such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaption by Engineer. B. The prohibition of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. 3.06 Electronic Data A. Copies of data furnished by Owner or Eng to Contractor or Contractor to Owner or Engineer that may be relied upon are limited to the printed copies (also known as hard copies). Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. if there is a discrepancy between the electronic files and the hard copies, the hard copies govern. B. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data's creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures wi thin 60 days, after which the receiving party shall be deemed to have accepted the data thus transferred. Any errors detected within the 60 -day acceptance period will be corrected by the transferring party.. C. When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data's creator. ARTICLE 4 — AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 4.01 Availability ofLands A. Owner shall furnish the Site. Owner shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. Owner will obtain in a timely manner and pay for easements for permanent structures or permanent changes in EJCDC C -700 Standard General Conditions of the Construction Contracts Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Page 8 of 49 existing facilities. If Contractor and Owner are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, as a result of any delay in Owner's furnishing the Site or a part thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. B. Upon reasonable written request, Owner shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be perfonned and Owner's interest therein as necessary for giving notice of or filing a mechanic's or construction lien against such lands in accordance with applicable Laws and Regulations. C. Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports of explorations and tests of subsurface conditions at or contiguous to the Site that Engineer has used in preparing the Contract Documents; and 2. those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) that Engineer has used in preparing the Contract Documents. B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," Contractor may not rely upon or make any claim against Owner or Engineer, or any of their Related Entities with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or information. 4.03 Deering Subsurface or Physical Conditions A. Notice: If Contractor believes that any subsurface or physical condition at or contiguous to the Site that is uncovered or revealed either: 1. is of such a nature as to establish that any "technical data" on which Contractor is entitled to rely as provided in Paragraph 4.02 is materially inaccurate; or 2. is of such a nature as to require a change in the Contract Documents; or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), notify Owner EJCDC C -700 Standard General Conditions of the Construction Contracts Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Page 9 of 49 and Engineer in writing about such condition. Contractor shall not further disturb such condition or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. B. Engineer's Review: After receipt of written notice as required by Paragraph 4.03.A, Engineer will promptly review the pertinent condition, determine the necessity of Owner's obtaining additional exploration or tests with respect thereto, and advise Owner in writing (with a copy to Contractor) of Engineer's findings and conclusions. C. Possible Price and Times Adjustments 1. The Contract Price or the Contract Times, or both, will be equitably adjusted to the extent that the existence of such differing subsurface or physical condition causes an increase or decrease in Co ntractor's cost of, or time required for, performance of the Work; subject, however, to the following: a. such condition must meet any one or more of the categories described in Paragraph 4.03.A; and b. with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price will be subject to the provisions of Paragraphs 9.07 and 11.03. 2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times if: a. Contractor knew of the existence of such conditions at the time Contractor made a final commitment to Owner with respect to Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract; or b. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, exploration, test, or study of the Site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor's making such final commitment; or c. Contractor failed to give the written notice as required by Paragraph 4.03.A. 3. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, a Claim may be made therefor as provided in Paragraph 10.05. However, Owner and Engineer, and any of their Related Entities shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. 4.04 Underground Facilities A. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on infornation and data furnished to Owner or Engineer by the owners of such Underground Facilities, including Owner, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1. Owner and Engineer shall not be responsible for the accuracy or completeness of any such information or data; and 2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for: a. reviewing and checking all such information and data, b. locating all Underground Facilities shown or indicated in the Contract Documents, EJCDC C -700 Standard General Conditions of the Construction Contracts Copyright 0 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Page 10 of 49 c. coordination of the Work with the owners of such Underground Facilities, including Owner, during construction, and d. the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated 1. If in I a Underground regui w dt, or not shown Facility or indicated with d or reasonabl e accuracy at or conti in the ous Contract to the Documents whch , Contractor as not shown shall , promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), identify the owner of such Underground Facility and give written notice to that owner and to Owner and Engineer. Engineer will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence or location of the Underground Facility. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility. 2. If Engineer concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued to reflect and document such consequences. An equitable adjustment shall be made in the Contract Price or Contract Times, or both, to the extent that they are attributable to the existence or location of any Underground Facility that was not shown or indicated or not shown or indicated with reasonable accuracy in the Contract Documents and that Contractor did not know of and could not reasonably have been expected to be aware of or to have anticipated. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment in Contract Price or Contract Times, Owner or Contractormay make a Claim therefor as provided in Paragraph 10.05. 4.05 Reference Points A. Owner shall provide engineering surveys to establish reference points for construction which in Engineer's judgment are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for laying out the Work, shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations without the prior written approval of Owner. Contractor shall report to Engineer whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. 4.06 Hazardous Environmental Condition at Site A. Reports and Drawings: Reference is made to the Supplementary Conditions for the identification of those reports and drawings relating to a Hazardous Environmental Condition identified at the Site, if any, that have been utilized by the Engineer in the preparation of the Contract Documents. B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," Contractor may not rely upon or make any claim against Owner or Engineer, or any of their Related Entities with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or EJCDC C -700 Standard General Condition of the Construction Contracts Copyright m 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Page 11 of 49 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions or information. C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible. D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 6.16.A); and (iii) notify Owner and Engineer (and promptly thereafter confirm such notice in writing). Owner shall promptly consult with Engineer concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any. E. Contractor shall not be required to resume Work in connection with such condition or in any affected area until after Owner has obtained any required permits related thereto and delivered to Contractor written notice: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed safely. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stoppage or such special conditions under which Work is agreed to be resumed by Contractor, either party may make a Claim therefor as provided in Paragraph 10.05. F. If after receipt of such written notice Contractor does not agree t r esume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then Owner may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a Claim therefor as provided in Paragraph 10.05. Owner may have such deleted portion of the Work performed by Owner's own forces or others in accordance with Article 7. G. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, and Engineer, and the officers, directors, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition: (i) was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be included within the scope of the Work, and (ii) was not created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06. G shall obligate Owner to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. H. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.H shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. I. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. EJCDC C -700 Standard General Conditions of the Construction Contracts Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Page 12 of 49 ARTICLE 5 — BONDS AND INSURANCE 5.01 Performance, Payment, and Other Bonds A. Contractor shall furnish performance and payment bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all of Contractor's obligations under the Contract Documents. These bonds shall remain in effect until one year after the date when final payment becomes due or until completion of the correction period specified in Paragraph 13.07, whichever is later, except as provided otherwise by Laws or Regulations or by the Contract Documents. Contractor shall also furnish such other bonds as are required by the Contract Documents. B. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the current List of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. AlI bonds signed by an agent must be accompanied by a certified copy of the agent's authority to act. C. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of Paragraph 5.01.B, Contractor shall promptly notify Owner and Engineer and shall, within 20 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 5.01.B and 5.02. 5.02 Licensed Sureties and Insurers A. All bonds and insurance required by the Contract Documents to be purchased and maintained by Owner or Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.03 Certificates of Insurance A. Contractor shall deliver to Owner, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Owner or any other additional insured) which Contractor is required to purchase and maintain. B. Owner shall deliver to Contractor, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Contractor or any other additional insured) which Owner is required to purchase and maintain. 5.04 Contractor's Liability Insurance A. Contractor shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of then to perform any of the Work, 'or by anyone for whose acts any of them may be liable: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees; EJCDC C -700 Standard General Conditions of the Construction Contracts Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Page 13 of 49 3. claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor's employees; 4. claims for damages insured by reasonably available personal injury liability coverage which are sustained: a. by any person as a result of an offense directly or indirectly related to the employment of such person by Contractor, or b. by any other person for any other reason; 5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever Iocated, including loss of use resulting therefrom; and 6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. B. The policies of insurance required by this Paragraph 5.04 shall: 1. with respect to insurance required by Paragraphs 5.04.A.3 through 5.04.A.6 inclusive, include as additional insured (subject to any customary exclusion regarding professional liability) Owner and Engineer, and any other individuals or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officers, directors, partners, employees, agents, consultants and subcontractors of each and any of all such additional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby; 2. include at least the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater; 3. include completed operations insurance; 4. include contractual liability insurance covering Contractor's indemnity obligations under Paragraphs 6.11 and 6.20; 5. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the Contractor pursuant to Paragraph 5.03 will so provide); 6. remain in effect at least until final payment and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work in accordance with Paragraph 13.07; and 7. with respect to completed operations insurance, and any insurance coverage written on a claims -made basis, remain in effect for at least two years after final payment. a. Contractor shall furnish Owner and each other additional insured identified in the Supplementary Conditions, to whom a certificate of insurance has been issued, evidence satisfactory to Owner and any such additional insured of continuation of such insurance at final payment and one year thereafter. 5.05 Owner's Liability Insurance A. In addition to the insurance required to be provided by Contractor under Paragraph 5.04, Owner, at Owner's option, may purchase and maintain at Owner's expense Owner's own liability insurance as will protect Owner against claims which may arise from operations under the Contract Documents. EJCDC C -700 Standard General Conditions of the Construction Contracts Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Page 14 of 49 5.06 Pro p erty Insurance A. Unless otherwise provided in the Supplementary Conditions, Owner shall purchase and maintain property insurance upon the Work at the Site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall: 1. include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as an ins ured or additional insured; 2. be written on a Builder's Risk "all- risk" or open peril or special causes of loss policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, false work, and materials and equipment in transit, and shall ins against at least the following perils or causes of loss: fire, lightning, extended coverage theft vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage, (other than caused by flood) and such other perils or causes of loss as may be specifically required by the Supplementary Conditions; 3. include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects); 4. cover materials and equipment stored at the Site or at another location that was agreed to in writing by Owner prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by Engineer; 5. allow for partial utilization of the Work by Owner; 6. include testing and startup; and 7. be maintained in effect until final payment is made unless otherwise agreed to in writing by Owner, Contractor, and Engineer with 30 days written notice to each other additional insured to whom a certificate of insurance has been issued. B. Owner shall purchase and maintain such boiler and machinery insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured. C. All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and maintained in accordance with Paragraph 5.06 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other additional insured to whom a certificate of insurance has been issued and will contain waiver provisions in accordance with Paragraph 5.07. D. Owner shall not be responsible for purchasing and maintaining any property insurance specified in this Paragraph 5.06 to protect the interests of Contractor, Subcontractors, or others in the Work to the extent of any deductible amounts that are identified in the Supplementary Conditions. The risk of loss within such identified deductible amount will be borne by Contractor, Subcontractors, or others suffering any such loss, and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. EJCDC C -700 Standard General Conditions of the Construction Contracts Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Page 15 of 49 E. If Contractor requests in writing that other special insurance be included in the property insurance policies provided under Paragraph 5.06, Owner shall, if possible, include such insurance, and the cost thereof will be charged to Contractor by appropriate Change Order. Prior to commencement of the Work at the Site, Owner shall in writing advise Contractor whether or not such other insurance has been procured by Owner. 5.07 Waiver ofRights A. Owner and Contractor intend that all policies purchased in accordance with Paragraph 5.06 will protect Owner, Contractor, Subcontractors, and Engineer, and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or additional insureds (and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them) in such policies and will provide primary coverage for all losses and damages caused by the perils or causes of loss covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insureds or additional insureds thereunder. Owner and Contractor waive all rights against each other and their respective officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them for all losses and damages caused by, arising out of or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors, and Engineer, and all other individuals or entities identified in the Supplementary Conditions to be Listed as insured or additional insured (and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them) under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by Owner as trustee or otherwise payable under any policy so issued. B. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them for 1. loss due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to Owner's property or the Work caused by, arising out of, or resulting from fire or other perils whether or not insured by Owner; and 2. loss or damage to the completed Project or part thereof caused by, arising out of, or resulting from fire or other insured peril or cause of loss covered by any property insurance maintained on the completed Project or part thereof by Owner during partial utilization pursuant to Paragraph 14.05, after Substantial Completion pursuant to Paragraph 14.04, or after final payment pursuant to Paragraph 14.07. C. Any insurance policy maintained by Owner covering any loss, damage or consequential loss referred to in Paragraph 5.07.B shall contain provisions to the effect that in the event of payment of any such loss, damage, or consequential loss, the insurers will have no rights of recovery against Contractor, Subcontractors, or Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them. 5.08 Receipt and Application of Incur ante Pi oceeds A . Any i nsure d l oss un th e po o i nsurance required by Paragraph 5.06 will be adjusted with Owner and made payable to Owner as fiduciary for the insureds, as their interests may appear, subject to the requirements of any applicable mortgage clause and of Paragraph 5.08.B. Owner shall deposit in a separate account any money so received and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof, and the Work and the cost thereof covered by an appropriate Change Order . B. Owner as fiduciary shall have power to adjust and settle any Loss with the insurers unless one of the parties in interest shall object in writing within 15 days after the occurrence of loss to Owner's exercise of this power. If such objection be made, Owner as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, Owner as fiduciary shall adjust and settle the loss with the insurers and, if required in writing by any party in interest, Owner as fiduciary shall give bond for the proper performance of such duties. EJCDC C -700 Standard General Conditions of the Construction Contracts Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Page 16 of 49 5.09 Acceptance ofBonds and Insurance; Option to Replace A. If w objection to the coverage afforded by or other provisions of the bonds or insurance either O req uired or to be purchased Contractor has any and maintained by the other party in accordance with Article 5 on the basis of non - conformance with the Contract Documents, the objecting party shall so notify the other party in writing within 10 days after receipt of the certificates (or other evidence requested) required by Paragraph 2.01.B. Owner and Contractor shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request. If either party does not purchase or maintain all of the bonds and insurance required of such party by the Contract Documents, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. Without prejudice to any other right or remedy, the other party may elect to obtain equivalent bonds or insurance to protect such other party's interests at the expense of the party who was required to provide such coverage, and a Change Order shall be issued to adjust the Contract Price accordingly. 5.10 Partial Utilization, Aclatowledgment of Property Insurer A. If Owner finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 14.05, no such use or occupancy shall commence before the insurers providing the property insurance pursuant to Paragraph 5.06 have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6 — CONTRACTOR'S RESPONSIBILITIES 6.01 Supervision and Superintendence A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. Contractor shall not be responsible for the negligence of Owner or Engineer in the design or specification of a specific means, method, technique, sequence, or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. B. At all times during the progress of the Work, Contractor shall assign a competent resident superintendent who shall not be replaced without written notice to Owner and Engineer except under extraordinary circumstances. The superintendent will be Contractor's representative at the Site and shall have authority to act on behalf of Contractor. All communications given to or received from the superintendent shall be binding on Contractor. 6.02 Labor, Working Hours A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours. Contractor will not permit the performance of Work on a Saturday, Sunday, or any legal holiday without Owner's written consent (which will not be unreasonably withheld) given after prior written notice to Engineer. EJCDC C -700 Standard General Conditions of the Construction Contracts Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Page 17 of 49 6.03 Services, Materials, and Equipment A. Unless hrwic in , fuo all services materials, eq ified uipment , laborContract , Documents transportation, construction Contractor shall equipment provide and mac assume hinery , toolsresp, nsibility appliancesfor , fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities , and all other facilities and incidentals necessary for the performance, testing, start -up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the. Specifications shall expressly run to the benefit of Owner. If required by Engineer, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. C. All materials and equipment shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. 6.04 Progress Schedule A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.07 as it may be adjusted from time to time as provided below. 1. Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.07) proposed adjustments in the Progress Schedule that will not result in changing the Contract Times. Such adjustments will comply with any provisions of the General Requirements applicable thereto. 2. Proposed adjustments in the Progress Schedule that will change the Contract Times shall be submitted in accordance with the requirements of Article 12. Adjustments in Contract Times may only be made by a Change Order. 6.05 Substitutes and "Or- Equals" A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or-equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be submitted to Engineer for review under the circumstances described below. 1. "Or-Equal" Items: If in Engineer's sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by Engineer as an "or- equal" item, in which case review and approval of the proposed item may, in Engineer's sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 6.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. in the exercise of reasonable judgment Engineer determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole, 3) it has a proven record of performance and availability of responsive service; and EJCDC C -700 Standard General Conditions of the Construction Contracts Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Page 18 of 49 b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the Owner or increase in Contract Times, and 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items a. If in Engineer's sole discretion an item of material or equipment proposed by Contractor does not qualify as an "or- equal" item under Paragraph 6.05.A.1, it will be considered a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow Engineer to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by Engineer from anyone other than Contractor. c. The requirements for review by Engineer will be as set forth in Paragraph 6.05.A.2.d, as supplemented in the General Requirements and as Engineer may decide is appropriate under the circumstances. d. Contractor shall make written application to Engineer for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application: 1) shall certify that the proposed substitute item will: a) perform adequately the fiinctions and achieve the results called for by the general design, b) be similar in substance to that specified, and c) be suited to the same use as that specified; 2) will state: a) the extent, if any, to which the use of the proposed substitute item will prejudice Contractor's achievement of Substantial Completion on tinge; b) whether or not use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for other work on the Project) to adapt the design to the proposed substitute item; and c) whether or not incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty; 3) will identify: a) alI variations of the proposed substitute item from that specified, and b) available engineering, sales, maintenance, repair, and replacement services; 4) and shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and claims of other contractors affected by any resulting change, EJCDC C -700 Standard General Conditions of the Construction Contracts Copyright O 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Page 19 of 49 B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by Engineer. Contractor shall submit sufficient information to allow Engineer, in Engineer's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The requirements for review by Engineer will be similar to those provided in Paragraph 6.05.A.2. C. Engineer's Evaluation: Engineer will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.B. Engineer may require Contractor to furnish additional data about the proposed substitute item. Engineer will be the sole judge of acceptability. No "or equal" or substitute will be ordered, installed or utilized until Engineer's review is complete, which will be evidenced by either a Change Order for a substitute or an approved Shop Drawing for an "or equal." Engineer will advise Contractor in writing of any negative determination. D. Special Guarantee: Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. E. Engineer's Cost Reimbursement: Engineer will record Engineer's costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05.B Whether or not Engineer approves a substitute item so proposed or submitted by Contractor, Contractor shall reimburse Owner for the charges of Engineer for evaluating each such proposed substitute. Contractor shall also reimburse Owner for the charges of Engineer for making changes in the Contract Documents (or in the provisions of any other direct contract with Owner) resulting from the acceptance of each proposed substitute. F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or "or- equal" at Contractor's expense. - 6.06 Concerning Subcontractors, Suppliers, and Others A. Contractor shall not employ any Subcontractor, Supplier, or other individual or entity (including those acceptable to Owner as indicated in Paragraph 6.06.B), whether initially or as a replacement, against whom Owner may have reasonable objection. Contractor shall not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom Contractor has reasonable objection. B. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other individuals or entities to be submitted to Owner in advance for acceptance by Owner by a specified date prior to the Effective Date of the Agreement, and if Contractor has submitted a list thereof in accordance with the Supplementary Conditions, Owner's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the Bidding Documents or the Contract Documents) of any such Subcontractor, Supplier, or other individual or entity so identified may be revoked on the basis of reasonable objection after due investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity, and the Contract Price will be adjusted by the difference in the cost occasioned by such replacement, and an appropriate Change Order will be issued . No acceptance by Owner of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall constitute a waiver of any right of Owner or Engineer to reject defective Work. C. Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents: I. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between Owner or Engineer and any such Subcontractor, Supplier or other individual or entity, nor EJCDC C -700 Standard General Conditions of the Construction Contracts Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Page 20 of 49 2. shall anything in the Contract Documents create any obligation on the part of Owner or Engineer to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. D. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. E. Contractor shall require all Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work to communicate with Engineer through Contractor. F. The divisions and sections of the Specifications and the identifications of any Drawings shall not control Contractor in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. G. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of Owner and Engineer. Whenever any such agreement is with a Subcontractor or Supplier who is listed as an additional insured on the property insurance provided in Paragraph 5.06, the agreement between the Contractor and the Subcontractor or Supplier will contain provisions whereby the Subcontractor or Supplier waives all rights against Owner, Contractor, and Engineer„ and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or additional insureds (and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them) for all losses and damages caused by, arising out of, relating to, or resulting from any of the perils or causes of Ioss covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, Contractor will obtain the same. 6.07 Patent Fees and Royalties A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of Owner or Engineer its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by Owner in the Contract Documents. B. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 6.08 Permits A. Unless otherwise provided in the Supplementary Conditions, Contractor shall obtain and pay for all construction permits and Licenses. Owner shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. Owner shall pay all charges of utility owners for connections for providing permanent service to the Work. EJCDC C -700 Standard General Conditions of the Construction Contracts Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Page 21 of 49 6.09 Laws and Regulations A. C ontractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither Owner nor Engineer shall be responsible for monitoring Contractor's compliance with any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor's primary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor's obligations under Paragraph 3.03. C. Changes in Laws or Regulations not known at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids) having an effect on the cost or time of performance of the Work shall be the subject of an adjustment in Contract Price or Contract Times. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. 6.10 Taxes A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.11 Use ofSite`and Other Areas A. Limitation on Use of Site and Other Areas 1. Contractor shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. Should any claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. 3. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of then from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against Owner, Engineer, or any other party indemnified hereunder to the extent caused by or based upon Contractor's performance of the Work. B. Removal of Debris During Peifonnance of the Work: During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and the Work and make it ready for utilization by Owner. At the completion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. EJCDC C -700 Standard General Conditions of the Construction Contracts Copyright() 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Page 22 of 49 D. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.12 Record Documents A. Contractor shall maintain in a safe place at the Site one record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to Engineer for reference. Upon completion of the Work, these record documents, Samples, and Shop Drawings will be delivered to Engineer for Owner. 6.13 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. C. All damage, injury, or loss to any property referred to in Paragraph 6.13.A.2 or 6.13.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of Owner or Engineer or, or anyone employed by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of Contractor or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them). D. Contractor's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and Engineer has issued a notice to Owner and Contractor in accordance with Paragraph 14.07.B that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.14 Safety Representative A. Contractor shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. EJCDC C -700 Standard General Conditions of the Construction Contracts Copyright © 2002 National Societe' of Professional Engineers for EJCDC. All rights reserved. Page 23 of 49 6.15 Hazard Communication Programs A. Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations. 6.16 Emergencies A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give Engineer prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If Engineer determines that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Work Change Directive or Change Order will be issued. 6.17 Shop Drawings and Samples A. Contractor shall submit Shop Drawings and Samples to Engineer for review and approval in accordance with the acceptable Schedule of Submittals (as required by Paragraph 2.07). Each submittal will be identified as Engineer may require. 1. Shop Drawings a. Submit number of copies specified in the General Requirements. b. Data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show Engineer the services, materials, and equipment Contractor proposes to provide and to enable Engineer to review the information for the limited purposes required by Paragraph 6.I7.D. 2. Samples: Contractor shall also submit Samples to Engineer for review and approval in accordance with the acceptable schedule of Shop Drawings and Sample submittals. a. Submit number of Samples specified in the Specifications. b. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as Engineer may require to enable Engineer to review the submittal for the limited purposes required by Paragraph 6.17.D. B. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to Engineer's review and approval of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. Submittal Procedures 1. Before submitting each Shop Drawing or Sample, Contractor shall have determined and verified: a. all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; b. the suitability of all materials with respect to intended use, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; c. all infonnation relative to Contractor's responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto; and EJCDC C -700 Standard General Conditions of the Construction Contracts Copyright O 2002 National Societe of Professional Engineers for EJCDC. All rights reserved. Page 24 of 49 d. shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents. 2. Each submittal shall bear a stamp or specific written certification that Contractor has satisfied Contractor's obligations under the Contract Documents with respect to Contractor's review and approval of that submittal. 3. With each submittal, Contractor shall give Engineer specific written notice of any variations, that the Shop Drawing or Sample may have from the requirements of the Contract Documents. This notice shall be both a written communication separate from the Shop Drawing's or Sample Submittal; and, in addition, by a specific notation made on each Shop Drawing or Sample submitted to Engineer for review and approval of each such variation. D. Engineer's Review 1. Engineer will provide timely review of Shop Drawings and Samples in accordance with the Schedule of Submittals acceptable to Engineer. Engineer's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. Engineer's review and approval will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 3. Engineer's review and approval shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Paragraph 6.17.C.3 and Engineer has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer's review and approval shall not relieve Contractor from responsibility for complying with the requirements of Paragraph 6.17.C.1. E. Resubmittal Procedures 1. Contractor shall make corrections required by Engineer and shall return the required number of corrected copies of Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals. 6.18 Continuing the Work A. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or disagreements with Owner. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by Paragraph 15.04 or as Owner and Contractor may otherwise agree in writing. 6.19 Contractor's General Warranty and Guarantee A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Engineer and its Related Entities shall be entitled to rely on representation of Contractor's warranty and guarantee. B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or EJCDC C -700 Standard General Conditions attic Construction Contracts Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Page 25 of 49 2. normal wear and tear under normal usage. C. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents: 1. observations by Engineer; 2. recommendation by Engineer or payment by Owner of any progress or final payment; 3. the issuance of a certificate of Substantial Completion by Engineer or any payment related thereto by Owner; 4. use or occupancy of the Work or any part thereof by Owner; 5. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by Engineer; 6. any inspection, test, or approval by others; or 7. any correction of defective Work by Owner. 6.20 Indemnification A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the performance of the Work, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom but only to the extent caused by any negligent act or omission of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them may be liable . B. In any and all claims against Owner or Engineer or any of their respective consultants, agents, officers, directors, partners, or employees by any employee (or the survivor or personal representative of such employee) of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph 6.20.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or any such Subcontractor, Supplier, or other individual or entity under workers' compensation acts, disability benefit acts, or other employee benefit acts. C. The indemnification obligations of Contractor under Paragraph 6.20.A shall not extend to the liability of Engineer and Engineer's officers, directors, partners, employees, agents, consultants and subcontractors arising out of: 1. the preparation or approval of, or the failure to prepare or approve, maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. 6.21 Delegation of Professional Design Services A, Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor's EJCDC C -700 Standard General Conditions of the Construction Contracts Copyright O 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Page 26 of 49 responsibilities for construction means, methods, techniques, sequences and procedures. Contractor shall not be required to provide professional services in violation of applicable law. B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, Owner and Engineer will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to Engineer. C. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided Owner and Engineer have specified to Contractor all performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 6.21, Engineer's review and approval of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. Engineer's review and approval of Shop Drawings and other submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 6.17.D.1. E. Contractor shall not be responsible for the adequacy of the performance or design criteria required by the Contract Documents. ARTICLE 7 — OTHER WORK AT THE SITE 7.01 Related Work at Site A. Owner may perform other work related to the Project at the Site with Owner's employees, or via other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then: 1. written notice thereof will be given to Contractor prior to starting any such other work; and 2. if Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times that should be allowed as a result of such other work, a Claim may be made therefor as provided in Paragraph 10.05. B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner and Owner, if Owner is performing other work with Owner's employees, proper and safe access to the Site, a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and shall properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering their work and will only cut or alter their work with the written consent of Engineer and the others whose work will be affected. The duties and responsibilities of Contractor under this Paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. C. If the proper execution or results of any part of Contractor's Work depends upon work perfonned by others under this Article 7, Contractor shall inspect such other work and promptly report to Engineer in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor's Work except for latent defects and deficiencies in such other work. EJCDC C -700 Standard General Conditions of the Construction Contracts Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Page 27 of 49 7.02 Coordination A. If Owner intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Conditions: 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 2. the specific matters to be covered by such authority and responsibility will be itemized; and 3. the extent of such authority and responsibilities will be provided. B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility for such coordination. 7.03 Legal Relationships A. Paragraphs 7.01.A and 7.02 are not applicable for utilities not under the control of Owner. B. Each other direct contract of Owner under Paragraph 7.01.A shall provide that the other contractor is liable to Owner and Contractor for the reasonable direct delay and disruption costs incurred by Contractor as a result of the other contractor's actions or inactions. C. Contractor shall be liable to Owner and any other contractor for the reasonable direct delay and disruption costs incurred by such other contractor as a result of Contractor's action or inactions. ARTICLE 8 — OWNER'S RESPONSIBILITIES 8.01 Communications 10 Contractor A. Except as otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Engineer. 8.02 Replacement of Engineer A. In case of termination of the employment of Engineer, Owner shall appoint an engineer to whom Contractor makes no reasonable objection, whose status under the Contract Documents shall be that of the former Engineer. 8.03 Furnish Data A. Owner shall promptly furnish the data required of Owner under the Contract Documents. 8.04 Pay When Due A. Owner shall make payments to Contractor when they are due as provided in Paragraphs 14.02.0 and 14.07.C. 8.05 Lands and Easements; Reports and Tests A. Owner's duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to Owner's identifying and making available to Contractor copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site that have been utilized by Engineer in preparing the Contract Documents. EJCDC C -700 Standard General Conditions of the Construction Contracts Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Page 28 of 49 8.06 Insurance A. Owner's responsibilities, if any, in respect to purchasing and maintaining liability and property insurance are set forth in Article 5. 8.07 Change Orders A. Owner is obligated to execute Change Orders as indicated in Paragraph 10.03. 8.08 Inspections, Tests, and Approvals A. Owner's responsibility in respect to certain inspections, tests, and approvals is set forth in Paragraph 13.03.B. 8.09 Limitations on Owner's Responsibilities A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Owner will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. 8.10 Undisclosed Hazardous Environmental Condition A. Owner's responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 4.06. 8.11 Evidence of Financial Arrangements A. If and to the extent Owner has agreed to furnish Contractor reasonable evidence that financial arrangements have been made to satisfy Owner's obligations under the Contract Documents, Owner's responsibility in respect thereof will be as set forth in the Supplementary Conditions. ARTICLE 9 — ENGINEER'S STATUS DURING CONSTRUCTION 9.01 Owner's Representative A. Engineer will be Owner's representative during the construction period. The duties and responsibilities and the limitations of authority of Engineer as Owner's representative during construction are set forth in the Contract Documents and will not be changed without written consent of Owner and Engineer. 9.02 Visits to Site A. Engineer will make visits to the Site at intervals appropriate to the various stages of construction as Engineer deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of Contractor's executed Work. Based on information obtained during such visits and observations, Engineer, for the benefit of Owner, will determine, in general, if the Work is proceeding in accordance with the Contract Documents. Engineer will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. Engineer's efforts will be directed toward providing for Owner a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and observations, Engineer will keep Owner informed of the progress of the Work and will endeavor to guard Owner against defective Work. B. Engineer's visits and observations are subject to all the limitations on Engineer's authority and responsibility set forth in Paragraph 9.09. Particularly, but without limitation, during or as a result of Engineer's visits or observations of Contractor's Work Engineer will not supervise, direct, control, or have authority over or be responsible for EJCDC C -700 Standard General Conditions of the Construction Contracts Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Page 29 of 49 Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. 9.03 Project Representative A. If Owner and Engineer agree, Engineer will furnish a Resident Project Representative to assist Engineer in providing more extensive observation of the Work. The authority and responsibilities of any such Resident Project Representative and assistants will be as provided in the Supplementary Conditions, and limitations on the responsibilities thereof will be as provided in Paragraph 9.09. If Owner designates another representative or agent to represent Owner at the Site who is not Engineer's consultant, agent or employee, the responsibilities and authority and limitations thereon of such other individual or entity will be as provided in the Supplementary Conditions. 9.04 Authorized Variations in Work A. Engineer may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on Owner and also on Contractor, who shall perform the Work involved promptly. If Owner or Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, or both, and the parties are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim maybe made therefor as provided in Paragraph 10.05. 9.05 Rejecting Defective Work A. Engineer will have authority to reject Work which Engineer believes to be defective, or that Engineer believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Engineer will also have authority to require special inspection or testing of the Work as provided in Paragraph 13.04, whether or not the Work is fabricated, installed, or completed. 9.06 Shop Drawings, Change Orders and Payments A. In connection with Engineer's authority, and limitations thereof, as to Shop Drawings and Samples, see Paragraph 6.17. B. In connection with Engineer's authority, and limitations thereof, as to design calculations and design drawings submitted in response to a delegation of professional design services, if any, see Paragraph 6.21. C. In connection with Engineer's authority as to Change Orders, see Articles 10, 11, and 12. D. In connection with Engineer's authority as to Applications for Payment, see Article 14. 9.07 Determinations for Unit Price Work A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor. Engineer will review with Contractor the Engineer's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). Engineer's written decision thereon will be final and binding (except as modified by Engineer to reflect changed factual conditions or more accurate data) upon Owner and Contractor, subject to the provisions of Paragraph 10.05. EJCDC C -700 Standard General Conditions of the Construction Contracts Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Page 30 of 49 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work A. Engineer will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. All matters in question and other matters between Owner and Contractor arising prior to the date final payment is due relating to the acceptability of the Work, and the interpretation of the requirements of the Contract Documents pertaining to the performance of the Work, will be referred initially to Engineer in writing within 30 days of the event giving rise to the question B. Engineer will, with reasonable promptness, render a written decision on the issue referred. If Owner or Contractor believe that any such decision entitles them to an adjustment in the Contract Price or Contract Times or both, a Claim may be made under Paragraph 10.05. The date of Engineer's decision shall be the date of the event giving rise to the issues referenced for the purposes of Paragraph 10.05.B. C. Engineer's written decision on the issue referred will be final and binding on Owner and Contractor, subject to the provisions of Paragraph 10.05. D. When functioning as interpreter and judge under this Paragraph 9.08, Engineer will not show partiality to Owner or Contractor and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. 9.09 Limitations on Engineer's Authority and Responsibilities A. Neither Engineer's authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by Engineer in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by Engineer shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by Engineer to Contractor, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them. B. Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Engineer will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. C. Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor, any Supplier, or of any other individual or entity performing any of the Work. D. Engineer's review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by Paragraph 14.07.A will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests, and approvals that the results certified indicate compliance with the Contract Documents. E. The limitations upon authority and responsibility set forth in this Paragraph 9.09 shall also apply to, the Resident Project Representative, if any, and assistants, if any. ARTICLE 10 — CHANGES IN THE WORK; CLAIMS 10.01 Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, Owner may, at any time or from time to tune, order additions, deletions, or revisions in the Work by a Change Order, or a Work Change Directive. Upon receipt of any such document, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). EJCDC C -700 Standard General Conditions of the Construction Contracts Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Page 31 of 49 B. If Owner and Contractor are unable to agree on entitlement to, or on the amount or extent, if any, of an adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a Work Change Directive, a Claim may be made therefor as provided in Paragraph 10.05. 10.02 Unauthorized Changes in the Work A. Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in Paragraph 3.04, except in the case of an emergency as provided in Paragraph 6.16 or in the case of uncovering Work as provided in Paragraph 13.04.B. 10.03 Execution of Change Orden' A. Owner and Contractor shall execute appropriate Change Orders recommended by Engineer covering: 1. changes in the Work which are: (i) ordered by Owner pursuant to Paragraph 10.01.A, (ii) required because of acceptance of defective Work under Paragraph ]3.08.A or Owner's correction of defective Work under Paragraph 13.09, or (iii) agreed to by the parties; 2. changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; and 3. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by Engineer pursuant to Paragraph 10.05; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws - and Regulations, but during any such appeal, Contractor shall carry on the Work and adhere to the Progress Schedule as provided in Paragraph 6.18.A. 10.04 Notification to Surety A. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times) is required by the provisions of any bond to be given to a surety, the giving of any such notice will be Contractor's responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change. 10.05 Claims A. Engineer's Decision Required: All Claims, except those waived pursuant to Paragraph 14.09, shall be referred to the Engineer for decision. A decision by Engineer shall be required as a condition precedent to any exercise by Owner or Contractor of any rights or remedies either may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Claims. B. Notice: Written notice stating the general nature of each Claim, shall be delivered by the claimant to Engineer and the other party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto. The responsibility to substantiate a Claim shall rest with the party making the Claim. Notice of the amount or extent of the Claim, with supporting data shall be delivered to the Engineer and the other party to the Contract within 60 days after the start of such event (unless Engineer allows additional time for claimant to submit additional or more accurate data in support of such Claim). A Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of Paragraph 12.01.B. A Claim for an adjustment in Contract Time shall be prepared in accordance with the provisions of Paragraph 12.02.B. Each Claim shall be accompanied by claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant believes it is entitled as a result of said event. The opposing party shall submit any response to Engineer and the claimant within 30 days after receipt of the claimant's last submittal (unless Engineer allows additional time). EJCDC C -700 Standard General Conditions of the Construction Contracts Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Page 32 of 49 C. Engineer's Action: Engineer will review each Claim and, within 30 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any, take one of the following actions in writing: 1. deny the Claim in whole or in part, 2. approve the Claim, or 3. notify the parties that the Engineer is unable to resolve the Claim if, in the Engineer's sole discretion, it would be inappropriate for the Engineer to do so. For purposes of further resolution of the Claim, such notice shall be deemed a denial. D. In the event that Engineer does not take action on a Claim within said 30 days, the Claim shall be deemed denied. E. Engineer's written action under Paragraph 10.05.0 or denial pursuant to Paragraphs 10.05.C.3 or 10.05.D will be final and binding upon Owner and Contractor, unless Owner or Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or denial. F. No Claim for an adjustment in Contract Price or Contract Times will be valid if not submitted in accordance with this Paragraph 10.05. ARTICLE 11 COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK 11.01 Cost of the Work A. Costs Included: The term Cost of the Work means the sum of all costs, except those excluded in Paragraph 11.01.B, necessarily incurred and paid by Contractor in the proper performance of the Work. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to be reimbursed to Contractor will be only those additional or incremental costs required because of the change in the Work or because of the event giving rise to the Claim. Except as otherwise may be agreed t o in writing by Owner, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items, and shall not include an y of the costs itennized in Paragraph 11.01.B. 1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by Owner and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time at the Site. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by Owner. 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to Contractor unless Owner deposits funds with Contractor with which to make payments, in which case the cash discounts shall accrue to Owner. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to Owner, and Contractor shall make provisions so that they may be obtained. 3. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by Owner, Contractor shall obtain competitive bids from subcontractors acceptable to Owner and Contractor and shall deliver such bids to Owner, who will then determine, with the advice of Engineer, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work EJCDC C -700 Standard General Conditions of the Construction Contracts Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Page 33 of 49 plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as Contractor's Cost of the Work and fee as provided in this Paragraph 11.01. 4. Costs of special consultants (including but not limited to Engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 5. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. c. Rentals of all construction equipment and machinery, and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by Owner with the advice of Engineer, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. d. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable, imposed by Laws and Regulations. e. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. f. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work (except losses and damages within the deductible amounts of property insurance established in accordance with Paragraph 5.06D), provided such losses and damages have resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of Owner. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor's fee. g. The cost of utilities, fuel, and sanitary facilities at the Site. h. Minor expenses such as telegrams, long distance telephone calls, telephone service at the Site, expresses, and similar petty cash items in connection with the Work. i, The costs of premiums for all bonds and insurance Contractor is required by the Contract Documents to purchase and maintain. B. C osts Excluded: The term Cost of the Work shall not include any of the following items: 1. Payroll costs and other compensation of Contractor's officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor's principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 11.01.A.1 or specifically covered by Paragraph 11.01.A.4, all of which are to be considered administrative costs covered by the Contractor's fee. EJCDC C -700 Standard General Conditions of the Construction Contracts Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Page 34 of 49 2. Expenses of Contractor's principal and branch offices other than Contractor's office at the Site. 3. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. 4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraphs 11.01.A and 11.01.B. C. Contractor's Fee: When all the Work is performed on the basis of cost -plus, Contractor's fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor's fee shall be determined as set forth in Paragraph 12.01.C. D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs 11.01.A and 11.01.B, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to Engineer an itemized cost breakdown together with supporting data. 11.02 Allowances A. It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to Owner and Engineer. B. Cash Allowances 1. Contractor agrees that: a. the cash allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and b. Contractor's costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the cash allowances have been included in the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. C. Contingency Allowance 1. Contractor agrees that a contingency allowance, if any, is for the sole use of Owner to cover unanticipated costs. D. Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. EJCDC C -700 Standard General Conditions of the Construction Contracts Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Page 35 of 49 B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by Contractor will be made by Engineer subject to the provisions of Paragraph 9.07. C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately identified item. D. Owner or Contractor may make a Claim for an adjustment in the Contract Price in accordance with Paragraph 10.05 if: 1. the quantity of any item of Unit Price Work performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect any other item of Work; and 3. Contractor believes that Contractor is entitled to an increase in Contract Price as a result of having incurred additional expense or Owner believes that Owner is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. ARTICLE 12 — CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 12.01 Change of Contract Price A. The Contract Price may only be changed by a Change Order. Any Claim for an adjustment in the Contract Price shall be based on written notice submitted by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Price will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 11.03); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 12.01.C.2); or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under Paragraph 12.01.B.2, on the basis of the Cost of the Work (determined as provided in Paragraph 11.01) plus a Contractor's fee for overhead and profit (determined as provided in Paragraph 12.01.C). C. Contractor's Fee: The Contractor's fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee; or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under Paragraphs 11.01.A.1 and 11.01.A.2, the Contractor's fee shall be 15 percent; b. for costs incurred under Paragraph 11.01.A.3, the Contractor's fee shall be five percent; EJCDC C -700 Standard General Conditions of the Construction Contracts Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Page 36 of 49 c. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraph 1 2.0I.C.2.a is that the Subcontractor who actually performs the Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 11.01.A.1 and 11.01.A.2 and that any higher tier Subcontractor and Contractor will each be paid a fee of five percent of the amount paid to the next lower tier Subcontractor; d. no fee shall be payable on the basis of costs itemized under Paragraphs 11.01.A.4, 11.01.A.5, and 11.01.B; e. the amount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor's fee by an amount equal to five percent of such net decrease; and f. when both additions and credits are involved in any one change, the adjustment in Contractor's fee shall be computed on the basis of the net change in accordance with Paragraphs 12.01.C.2.a through 12.01.C.2.e, inclusive. 12.02 Change of Contract Times A. The C ontract Times may only be changed by a Change Order. Any Claim for an adjustment in the Contract Times shall be based on written notice submitted by the parry making the Claim to the Engineer and the other parry to the Contract in accordance with the provisions of Paragraph 10.05. B. Any adjustment of the Contract Times covered by a Change Order or any Claim for an adjustment in the Contract Times will be determined in accordance with the provisions of this Article 12. 12.03 Delays A. Where Contractor is prevented from completing any part of the Work within the Contract Times due to delay beyond the control of Contractor, the Contract Times will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor as provided in Paragraph 12.02.A. Delays beyond the control of Contractor shall include, but not be limited to, acts or neglect by Owner, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. B. If Owner, Engineer, or other contractors or utility owners performing other work for Owner as contemplated by Article 7, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times, or both. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times. C. If Contractor is delayed in the performance or progress of the Work by fire, flood, epidemic, abnormal weather conditions, acts of God, acts or failures to act of utility owners not under the control of Owner, or other causes not the fault of and beyond control of Owner and Contractor, then Contractor shall be entitled to an equitable adjustment in Contract Tines, if such adjustment is essential to Contractor's ability to complete the Work within the Contract Times. Such an adjustment shall be Contractor's sole and exclusive remedy for the delays described in this Paragraph 12.03.C. D. Owner, Engineer and the Related Entities of each of them shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of Engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. EJCDC C -700 Standard General Conditions of the Construction Contracts Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Page 37 of 49 E. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delays within the control of Contractor. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor. ARTICLE 13 — TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice of Defects A. Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be given to Contractor. All defective Work may be rejected, corrected, or accepted as provided in this Article 13. 13.02 Access to Work A. Owner, Engineer, their consultants and other representatives and personnel of Owner, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspecting, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor's Site safety procedures and programs so that they may comply therewith as applicable. 13.03 Tests and Inspections A. Contractor shall give Engineer timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. Owner shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: 1. for inspections, tests, or approvals covered by Paragraphs 13.03.0 and 13.03.D below; 2. that costs incurred in connection with tests or inspections conducted pursuant to Paragraph 13.04.E shall be paid as provided in said Paragraph 13.04.C; and 3. as otherwise specifically provided in the Contract Documents. C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish Engineer the required certificates of inspection or approval. D. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, or approvals required for Owner's and Engineer's acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections, tests, or approvals shall be performed by organizations acceptable to Owner and Engineer. E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of Engineer, it must, if requested by Engineer, be uncovered for observation. F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor's expense unless Contractor has given Engineer timely notice of Contractor's intention to cover the same and Engineer has not acted with reasonable promptness in response to such notice. EJCDC C -700 Standard General Conditions of the Construction Contracts Copyright ® 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Page 38 of 49 13.04 Uncovering Work A. If any Work is covered contrary to the written request of Engineer, it must, if requested by Engineer, be uncovered for Engineer's observation and replaced at Contractor's expense. B. If Engineer considers it necessary or advisable that covered Work be observed by Engineer or inspected or tested by others, Contractor, at Engineer's request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as Engineer may require, that portion of the Work in question, furnishing all necessary labor, material, and equipment, C. If it is found that the uncovered Work is defective, Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attomeys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. D. If, the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to the amount or extent thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. 13.05 Owner May Stop the Work A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, Owner may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner to stop the Work shall not give rise to any duty on the part of Owner to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 13.06 Correction or Removal of Defective Work A. Promptly after receipt of notice, Contractor shall correct all defective Work, whether or not fabricated, installed, or completed, or, if the Work has been rejected by Engineer, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07, Contractor shall take no action that would void or otherwise impair Owner's special warranty and guarantee, if any, on said Work. 13.07 Correction Period A. If within one year after the date of Substantial Completion (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents) or by any specific provision of the Contract Documents, any Work is • found to be defective, or if the repair of any damages to the land or areas made available for Contractor's use by Owner or permitted by Laws and Regulations as contemplated in Paragraph 6.11.A is found to be defective, Contractor shall promptly, without cost to Owner and in accordance with Owner's written instructions: 1. repair such defective land or areas; or EJCDC C -700 Standard General Conditions of the Construction Contracts Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Page 39 of 49 2. correct such defective Work; or 3. if the defective Work has been rejected by Owner, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. B. If Contractor does not promptly comply with the tenns of Owner's written instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. C. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications . D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 13.07, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. E. Contractor's obligations under this Paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitation or repose. 13.08 Acceptance of Defective Work A. If, instead of requiring correction or removal and replacement of defective Work, Owner (and, prior to Engineer's recommendation of final payment, Engineer) prefers to accept it, Owner may do so. Contractor shall pay all claims, costs, Iosses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to Owner's evaluation of and determination to accept such defective Work (such costs to be approved by Engineer as to reasonableness) and the diminished value of the Work to the extent not otherwise paid by Contractor pursuant to this sentence. If any such acceptance occurs prior to Engineer's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and Owner shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. If the acceptance occurs after such recommendation, an appropriate amount will be paid by Contractor to Owner. 13.09 Owner May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from Engineer to correct defective Work or to remove and replace rejected Work as required by Engineer in accordance with Paragraph 13.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, Owner may, after seven days written notice to Contractor, correct or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 13.09, Owner shall proceed expeditiously. In connection with such corrective or remedial action, Owner may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Site, and incorporate in the Work all materials and EJCDC C -700 Standard General Conditions of the Construction Contracts Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Page 40 of 49 equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner's representatives, agents and employees, Owner's other contractors, and Engineer and Engineer's consultants access to the Site to enable Owner to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount of the adjustment, Owner may make a Claim therefor as provided in Paragraph 10.05. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of Contractor's defective Work. D. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the exercise by Owner of Owner's rights and remedies under this Paragraph 13.09. ARTICLE 14 — PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of Values A. The Schedule of Values established as provided in Paragraph 2.07.A will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to Engineer. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments A. Applications for Payments 1. At least 20 days before the date established in the Agreement for each progress payment (but not more often than once a month), Contractor shall submit to Engineer for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that Owner has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance or other arrangements to protect Owner's interest therein, all of which must be satisfactory to Owner. 2. Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating that all previous progress payments received on account of the Work have been applied on account to discharge Contractor's legitimate obligations associated with prior Applications for Payment. 3. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. B. Review of Applications 1. Engineer will, within 10 days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to Owner or return the Application to Contractor indicating in writing Engineer's reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. EJCDC C -700 Standard General Conditions of the Construction Contracts Copyright Q 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Page 41 of 49 2. Engineer's recommendation of any payment requested in an Application for Payment will constitute a representation by Engineer to Owner, based on Engineer's observations on the Site of the executed Work as an experienced and qualified design professional and on Engineer's review of the Application for Payment and the accompanying data and schedules, that to the best of Engineer's knowledge, information and belief: a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work under Paragraph 9.07, and to any other qualifications stated in the recommendation); and c. the conditions precedent to Contractor's being entitled to such payment appear to have been fulfilled in so far as it is Engineer's responsibility to observe the Work. 3. By recommending any such payment Engineer will not thereby be deemed to have represented that: a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in the Contract Documents; or b. that there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by Owner or entitle Owner to withhold payment to Contractor. 4. Neither Engineer's review of Contractor's Work for the purposes of recommending payments nor Engineer's recommendation of any payment, including final payment, will impose responsibility on Engineer: a. to supervise, direct, or control the Work, or b. for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or c. for Contractor's failure to comply with Laws and Regulations applicable to Contractor's performance of the Work, or d. to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, or e. to determine that title to any of the Work, materials, or equipment has passed to Owner free and clear of any Liens. 5. Engineer may refuse to recommend the whole or any part of any payment if, in Engineer's opinion, it would be incorrect to make the representations to Owner stated in Paragraph 14.02.B.2. Engineer may also refuse to recommend any such payment or, because of subsequently discovered evidence or the results of subsequent inspections or tests, revise or revoke any such payment recommendation previously made, to such extent as may be necessary in Engineer's opinion to protect Owner from loss because: a. the Work is defective, or completed Work has been damaged, requiring correction or replacement; b. the Contract Price has been reduced by Change Orders; c. Owner has been required to correct defective Work or complete Work in accordance with Paragraph 13.09; or EJCDC C -700 Standard General Conditions of the Construction Contracts Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Page 42 of 49 d. Engineer has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02.A. C. Payment Becomes Due 1. Ten days after presentation of the Application for Payment to Owner with Engineer's recommendation, the amount recommended will (subject to the provisions of Paragraph 14.02.D) become due, and when due will be paid by Owner to Contractor. D. Reduction in Payment 1. Owner may refuse to make payment of the full amount recommended by Engineer because: a. claims have been made against Owner on account of Contractor's performance or furnishing of the Work; b. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to Owner to secure the satisfaction and discharge of such Liens; c. there are other items entitling Owner to a set -off against the amount recommended; or d. Owner has actual knowledge of the occurrence of any of the events enumerated in Paragraphs 14.02.B.5.a through 14.02.B.5.c or Paragraph 15.02.A. 2. If Owner refuses to make payment of the full amount recommended by Engineer, Owner will give Contractor immediate written notice (with a copy to Engineer) stating the reasons for such action and promptly pay Contractor any amount remaining after deduction of the amount so withheld. Owner shall promptly pay Contractor the amount so withheld, or any adjustment thereto agreed to by Owner and Contractor, when Contractor corrects to Owner's satisfaction the reasons for such action. 3. If it is subsequently determined that Owner's refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by Paragraph 14.02.C.1. 14.03 Contractor's Warranty of Title A. Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to Owner no later than the time of payment free and clear of all Liens. 14.04 Substantial Completion A. When Contractor considers the entire Work ready for its intended use Contractor shall notify Owner and Engineer in writing that the entire Work is substantially complete (except for items specifically listed by Contractor as incomplete) and request that Engineer issue a certificate of Substantial Completion. B. Promptly after Contractor's notification„ Owner, Contractor, and Engineer shall make an inspection of the Work to determine the status of completion. If Engineer does not consider the Work substantially complete, Engineer will notify Contractor in writing giving the reasons therefor. C. If Engineer considers the Work substantially complete, Engineer will deliver to Owner a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. Owner shall have seven days after receipt of the tentative certificate during which to make written objection to Engineer as to any provisions of the certificate or attached list, lf, after considering such objections, Engineer concludes that the Work is not substantially complete, Engineer will within 14 days after submission of the tentative certificate to Owner notify Contractor in writing, stating the reasons therefor. If, after consideration of Owner's objections, Engineer considers the Work substantially complete, Engineer will within said 14 days execute and deliver to Owner and Contractor a definitive EJCDC C -700 Standard General Conditions of the Construction Contracts Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Page 43 of 49 certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as Engineer believes justified after consideration of any objections from Owner. D. At the time of delivery of the tentative certificate of Substantial Completion, Engineer will deliver to Owner and Contractor a written recommendation as to division of responsibilities pending final payment between Owner and Contractor with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless Owner and Contractor agree otherwise in writing and so inform Engineer in writing prior to Engineer's issuing the definitive certificate of Substantial Completion, Engineer's aforesaid recommendation will be binding on Owner and Contractor until final payment. E. Owner shall have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable access to complete or correct items on the tentative list. 14.05 Partial Utilization A. Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which Owner, Engineer, and Contractor agree constitutes a separately functioning and usable part of the Work that can be used by Owner for its intended purpose without significant interference with Contractor's perfonnance of the remainder of the Work, subject to the following conditions. 1. Owner at any time may request Contractor in writing to permit Owner to use or occupy any such part of the Work which Owner believes to be ready for its intended use and substantially complete. If and when Contractor agrees that such part of the Work is substantially complete, Contractor will certify to Owner and Engineer that such part of the Work is substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. 2. Contractor at any time may notify Owner and Engineer in writing that Contractor considers any such part of the Work ready for its intended use and substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. 3. Within a reasonable time after either such request, Owner, Contractor, and Engineer shall make an inspection of that part of the Work to determine its status of completion. If Engineer does not consider that part of the Work to be substantially complete, Engineer will notify Owner and Contractor in writing giving the reasons therefor. If Engineer considers that part of the Work to be substantially complete, the provisions of Paragraph 14.04 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 4. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Paragraph 5.10 regarding property insurance. 14.06 Final Inspection A. Upon written notice from Contractor that the entire Work or an agreed portion thereof is complete, Engineer will promptly make a final inspection with Owner and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. EJCDC C -700 Standard General Conditions of the Construction Contracts Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Page 44 of 49 14.07 Final Payment A. Application for Payment 1. After n r n Engineer, satitmplified during the fin i n sp ection actor and has has in d the liver ion , in accord wit sfac the Con orily co Documentseted all , acorrections l] maintenance ident and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance certificates of inspection, marked -up record documents (as provided in Paragraph 6.12), and other documents, Contractor may make application for final payment following the procedure for progress payments. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: a. all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.04.B.7; b. consent of the surety, if any, to final payment; c. a list of all Claims against Owner that Contractor believes are unsettled; and d. complete and legally effective releases or waivers (satisfactory to Owner) of all Lien rights arising out of or Liens filed in connection with the Work. 3. In lieu of the releases or waivers of Liens specified in Paragraph 14.07.A.2 and as approved by Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractor that: (i) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner or Owner's property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any Lien. B. Engineer's Review of Application and Acceptance 1. If, on the basis of Engineer's observation of the Work during construction and final inspection, and Engineer's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor's other obligations under the Contract Documents have been fulfilled, Engineer will, within ten days after receipt of the final Application for Payment, indicate in writing Engineer's recommendation of payment and present the Application for Payment to Owner for payment. At the same time Engineer will also give written notice to Owner and Contractor that the Work is acceptable subject to the provisions of Paragraph 14.09. Otherwise, Engineer will return the Application for Payment to Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application for Payment. C. Payment Becomes Due 1. Thirty days after the presentation to Owner of the Application for Payment and accompanying documentation, the amount recommended by Engineer, less any sum Owner is entitled to set off against Engineer's recommendation, including but not limited to liquidated damages, will become due and, will be paid by Owner to Contractor. 14.08 Final Completion Delayed A. If, through no fault of Contractor, final completion of the Work is significantly delayed, and if Engineer so confirms, Owner shall, upon receipt of Contractor's final Application for Payment (for Work fully completed and accepted) and recommendation of Engineer, and without terminating the Contract, make payment of the balance EJCDC C -700 Standard General Conditions of the Construction Contracts Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Page 45 of 49 due for that portion of the Work fully completed and accepted. If the remaining balance to be held by Owner for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if bonds have been furnished as required in Paragraph 5.01, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by Contractor to Engineer with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. 14.09 Wai ner of Claims A. The making and acceptance of fmal payment will constitute: 1. a waiver of all Claims by Owner against Contractor, except Claims arising from unsettled Liens, from defective Work appearing after fmal inspection pursuant to Paragraph 14.06, from failure to comply with the Contract Documents or the tenns of any special guarantees specified therein, or from Contractor's continuing obligations under the Contract Documents; and 2. a waiver of all Claims by Contractor against Owner other than those previously made in accordance with the requirements herein and expressly acknowledged by Owner in writing as still unsettled. ARTICLE 15 — SUSPENSION OF WORK AND TERMINATION 15.01 Owner May Suspend Work A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by notice in writing to Contractor and Engineer which will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be granted an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if Contractor makes a Claim therefor as provided in Paragraph 10.05. 15.02 Owner May Tenninate for Cause A. The occurrence of any one or more of the following events will justify termination for cause: 1. Contractor's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the Progress Schedule established under Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04); 2. Contractor's disregard of Laws or Regulations of any public body having jurisdiction; 3. Contractor's disregard of the authority of Engineer; or 4. Contractor's violation in any substantial way of any provisions of the Contract Documents. B. If one or more of the events identified in Paragraph 15.02.A occur, Owner may, after giving Contractor (and surety) seven days written notice of its intent to terminate the services of Contractor: 1. exclude Contractor from the Site, and take possession of the Work and of all Contractor's tools, appliances, construction equipment, and machinery at the Site, and use the same to the full extent they could be used by Contractor (without liability to Contractor for trespass or conversion), 2. incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere, and 3. complete the Work as Owner may deem expedient. EJCDC C -700 Standard General Conditions of the Construction Contracts Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Page 46 of 49 C. If Owner proceeds as provided in Paragraph 15.02.B, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Owner arising out of or relating to completing the Work, such excess will be paid to Contractor. If such claims, costs, losses, and damages exceed such unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, and damages incurred by Owner will be reviewed by Engineer as to their reasonableness and, when so approved by Engineer, incorporated in a Change Order. When exercising any rights or remedies under this Paragraph Owner shall not be required to obtain the lowest price for the Work performed. D. Notwithstanding Paragraphs 15.02.B and 15.02.C, Contractor's services will not be terminated if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. E. Where Contractor's services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by Owner will not release Contractor from liability. F. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 5.01.A, the termination procedures of that bond shall supersede the provisions of Paragraphs 15.02.B, and 15.02.C. 15.03 Owner May Terminate For Convenience A. Upon seven days writt notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, Contractor shall be paid for (without duplication of any items): 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 3. all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred in settlement of terminated contracts with Subcontractors, Suppliers, and others; and 4. reasonable expenses directly attributable to termination. B. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 15.04 Contractor May Stop Work or Terminate A. If, through no act or fault of Contractor, (i) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or (ii) Engineer fails to act on any Application for Payment within 30 days after it is submitted, or (iii) Owner fails for 30 days to pay Contractor any sum finally determined to be due, then Contractor may, upon seven days written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such suspension or failure within that time, terminate the Contract and recover from Owner payment on the same terms as provided in Paragraph 15.03. B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if Engineer has failed to act on an Application for Payment within 30 days after it is submitted, or Owner has failed for 30 days to pay Contractor any sum finally determined to be due, Contractor may, seven days after written notice to Owner and EJCDC C -700 Standard General Conditions of the Construction Contracts Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Page 47 of 49 Engineer, stop the Work until payment is made of all such amounts due Contractor, including interest thereon. The provisions of this Paragraph 15.04 are not intended to preclude Contractor from making a Claim under Paragraph 10.05 for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Contractor's stopping the Work as permitted by this Paragraph. ARTICLE 16 — DISPUTE RESOLUTION 16.01 Methods and Procedures A. Either Owner or Contractor may request mediation of any Claim submitted to Engineer for a decision under Paragraph 10.05 before such decision becomes final and binding. The mediation will be governed by the Construction Industry Mediation Rules of the American Arbitration Association in effect as of the Effective Date of the Agreement. The request for mediation shall be submitted in writing to the American Arbitration Association and the other party to the Contract. Timely submission of the request shall stay the effect of Paragraph 10.05.E. B. Owner and Contractor shall participate in the mediation process in good faith. The process shall be concluded within 60 days of filing of the request. The date of termination of the mediation shall be determined by application of the mediation rules referenced above. C. If the Claim is not resolved by mediation, Engineer's action under Paragraph 10.05.0 or a denial pursuant to Paragraphs 10.05.C.3 or 10.05.D shall become fmal and binding 30 days after termination of the mediation unless, within that time period, Owner or Contractor: 1. elects in writing to invoke any dispute resolution process provided for in the Supplementary Conditions, or 2. agrees with the other party to submit the Claim to another dispute resolution process, or 3. gives written notice to the other party of their intent to submit the Claim to a court of competent jurisdiction. ARTICLE 17 — MISCELLANEOUS 17.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if: 1. delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.02 Computation of Times A. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 17.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph EJCDC C -700 Standard General Conditions ofthe Construction Contracts Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Page 48 of 49 will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 17.04 Survival of Obligations A. All representations , indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 17.05 Controlling L aw A. This Con tract is to be governed by the law of the state in which the Project is located. 17.06 Headings A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. EJCDC C -700 Standard General Conditions of the Construction Contracts Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Page 49 of 49 4,1 'It', SECTION 02055 SOILS - STRUCTURAL PART 1 GENERAL 1.1 SUMMARY A. Section includes structural subsoil materials. B. Related Sections: 1. Section 02324 - Trenching. 1.2 REFERENCES A. American Association of State Highway and Transportation Officials: 1. AASHTO T180 - Standard Specification for Moisture - Density Relations of Soils using a 4.54 -kg (10 -Ib) Rammer and a 457 -mm (18 -in.) Drop. B. American Society for Testing and Materials: 1. ASTM D698 - Standard Test Method for Laboratory Compaction Characteristics of Soil Using Standard Effort (12,400 ft- Ibf /ft3 (600 kN- m /m3)). 2. ASTM D1557 - Test Methods for Moisture- Density Relations of Soils and Soil- Aggregate Mixtures Using 10 Ib. Rammer and 18 inch Drop. 3. ASTM D2487 - Standard Classification of Soils for Engineering Purposes (Unified Soil Classification System). 4. ASTM D2922 — Standard Test Methods for Density of Soil and Soil- Aggregate in Place by Nuclear Methods (Shallow Depth). 5. ASTM D3017 — Standard Test Method for Water Content of Soil and Rock in Place by Nuclear Methods (Shallow Depth). 1.3 SUBMITTALS A. Materials Source: Submit name of imported materials source and gradation analysis as per Georgia Department of Transportation Standards. 1.4 QUALITY ASSURANCE A. Perform Work in accordance with Georgia Department of Transportation Standards. Soils - Structural 02055 - 1 PART 2 PRODUCTS 2.1 SUBSOIL MATERIALS A. Type S1: 1 Structural. 2. Graded. 3. Free of lumps larger than 2 inches, rocks larger than 1 inch, and debris. 4. Conforming to Georgia Department of Transportation Standards and Specifications Section 810, Class IA1, A2, Class II B1 and B2. 2.2 SOURCE QUALITY CONTROL A. Testing and Analysis of Subsoil Material: Perform in accordance with ASTM D698. ASTM D2922. ASTM D3017. B. If tests indicate materials do not meet specified requirements, change material and retest. C. Provide materials of each type from same source throughout the Work. PART 3 EXECUTION 3.1 STOCKPILING A. Stockpile materials on site at locations designated by Engineer. B. Stockpile in sufficient quantities to meet Project schedule and requirements. C. Separate differing materials with dividers or stockpile apart to prevent mixing. D. Prevent intermixing of soil types or contamination. E. Direct surface water away from stockpile site to prevent erosion or deterioration of materials. 3.2 STOCKPILE CLEANUP A. Remove stockpile, leave area in clean and neat condition. Grade site surface to prevent free standing surface water. Grass as necessary. END OF SECTION Soils - Structural 02055 - 2 SECTION 02060 AGGREGATE PART 1 GENERAL 1.1 SUMMARY A. Section includes aggregate materials for pipe bedding & construction outlets. B. Related Sections: 1. Section 02324 - Trenching. 1.2 REFERENCES A. AASHTO M147 (American Association of Highway and Transportation Officials) - Materials for Aggregate and Soil- Aggregate. B. ASTM C136 - Method for Sieve Analysis of Fine and Coarse Aggregates. C. ASTM D698 — Standard Test Method for Laboratory Compaction Characteristics of Soil Using Standard Effort (12,400 ft- Ibf /ft3 (600 kN -m /m 3)). D. ASTM D2167 — Test Method for Density and Unit Weight of Soil in Place by the Rubber Balloon Method. E. ASTM D2487 — Classification of Soils for Engineering Purposes. F. ASTM D2922 — Test Methods for Density of Soil and Soil- Aggregate in Place by Nuclear Methods (Shallow Depth). G. ASTM D3017 — Test Method for Moisture Content Soil and Soil- Aggregate in Place by Nuclear Methods (Shallow Depth). H. ASTM D4318 — Test Method for Liquid Limit, Plastic Limit, and Plasticity Index of Soils: I. Georgia Department of Transportation Standard Specifications — Construction of Transportation Systems, 2001 Edition. Aggregate 02060- 1 PART 2 PRODUCTS 2.1 COARSE AGGREGATE MATERIALS A. Coarse Aggregate Type Al (Pipe Bedding Material): Conforming to Georgia Department of Transportation Standard Specifications, Section 800, Size #57. B. Coarse Aggregate Type A2 (Construction Outlets): Conforming to Georgia Department of Transportation Standard Specifications, Section 800, Size #4. 2.2 SOURCE QUALITY CONTROL A. Aggregate Material - Testing and Analysis: Perform in accordance with Georgia Department of Transportation Standard Specifications. B. If tests indicate materials do not meet specified requirements, change material source and retest. C. Provide materials of each type from same source throughout the Work. PART 3 EXECUTION 3.1 STOCKPILING A. Stockpile materials on site at locations designated by Engineer. B. Stockpile in sufficient quantities to meet Project schedule and requirements. C. Separate differing materials with dividers or stockpile individually to prevent mixing. D. Direct surface water away from stockpile site so as to prevent erosion or deterioration of materials. 3.2 STOCKPILE CLEANUP A. Remove stockpile, leave area in clean and neat condition. Grade site surface to prevent free standing surface water. Grass as necessary. END OF SECTION Aggregate 02060 - 2 SECTION 02230 • CLEARING & GRUBBING PART 1 GENERAL 1.1 SUMMARY A. Section Includes: + 1. Removing surface debris. 2. Removing designated trees, shrubs, and other plant life. PART 2 Not Used. PART 3 EXECUTION 3.1 PROTECTION A. Locate, identify, and protect utilities that remain, from damage. B. Protect trees, plant growth, and features designated to remain, as final landscaping. C. Protect benchmarks, survey control points and existing structures from damage or displacement. 3.2 TREE REMOVAL A. Contractor to flag all trees designated for removal, then request a meeting with Augusta Richmond County or their representative for approval. Contractor shall not remove any tress until approved by Augusta Richmond County or their representative. 3.3 REMOVAL A. Remove debris, rock, and extracted plant life from site. All materials that are to be removed from project area are to be removed to an EPD approved landfill or a location suitable for removed materials per local governing regulations. 3.4 EXCAVATION A. Excavate subsoil and topsoil from areas designated. Strip topsoil to full depth of topsoil in designated areas. B. Stockpile excavated material meeting requirements for subsoil materials. Topsoil may be reused with approval from Engineer. C. Remove excess excavated materials not intended for reuse, from site. Remove excavated materials not meeting requirements for subsoil materials from site. END OF SECTION Clearing & Grubbing 02230 - 1 SECTION 02311 GRADING PART 1 GENERAL 1.1 SUMMARY A. Section includes; cutting, grading, importing select material, filling, rough contouring, and compacting site. B. Related Sections: 1. Section 02230 — Clearing & Grubbing. 1.2 REFERENCES A. AASHTO T180 (American Association of State Highway and Transportation Officials) - Moisture - Density Relations of Soils Using a 10 Ib. Rammer and an 18- in. Drop. B. ASTM C136 - Method For Sieve Analysis of Fine and Coarse Aggregates. C. ASTM D698 — Standard Test Method for Laboratory Compaction Characteristics of Soil Using Standard Effort (12,400 ft-lbf/ft3 (600 kN- m /m3)). D. ASTM D1556 - Test Method for Density of Soil in Place by the Sand -Cone Method. E. ASTM D1557 Test Methods for Moisture - Density Relations of Soils and Soil - Aggregate Mixtures Using 10 Ib. Rammer and 18 inch Drop. F. ASTM D2167 - Test Method for Density and Unit Weight of Soil in Place by the Rubber Balloon Method. G. ASTM D2419 - Test Method For Sand Equivalent Value of Soils and Fine Aggregate. H. ASTM D2434 - Test Method For Permeability of Granular Soils (Constant Head). I. ASTM D2922 - Test Methods for Density of Soil and Soil- Aggregate in Place by Nuclear Methods (Shallow Depth). J. ASTM D3017 - Test Methods for Moisture Content of Soil and Soil - Aggregate Mixtures. 1.3 QUALITY ASSURANCE A. Perform Work in accordance with Georgia Department of Transportation Standard Specifications. Grading 02311 - 1 PART 2 PRODUCTS 2.1 MATERIALS A. Structural Fill: Type S1 as specified in Section 02055. PART 3 EXECUTION 3.1 EXAMINATION A. Topographic information obtained from Richmond County GIS. Contractor to verify intended elevation for the work as indicated on drawings. 3.2 PREPARATION A. Identify required lines, levels, contours and datum. B. Stake and flag locations of known utilities. C. Locate, identify and protect utilities indicated to remain, from damage. D. Remove and relocate utilities. E. Protect above and below grade utilities indicated to remain. F. Protect plant life, lawns and other features remaining as portion of final landscaping. G. Protect benchmarks, survey control point, existing structures, sidewalks, paving and curbs from excavating equipment and vehicular traffic. 3.3 SUBSOIL EXCAVATION A. Excavate subsoil as indicated on drawings. B. Remove excess subsoil not intended for reuse, from site. C. Stockpile subsoil in area designated on site to depth not exceeding 8 feet and protect from erosion. D. Benching Slopes: Horizontally bench existing slopes greater than 1:4 to key placed fill material to slope to provide firm bearing. E. Stability: Replace damaged or displaced subsoil as specified for fill. 3.4 FILLING A. Install Work in accordance with Georgia Department of Transportation Standard Specifications and details provided herein. B. Fill areas to contours and elevations with unfrozen materials. Grading 02311 - 2 C. Place fill material on continuous layers and compact in accordance with schedule at end of this section. D. Maintain optimum moisture content of fill materials to attain required compaction density. E. Make grade changes gradual. Blend slope into level areas. F. Surplus fill materials to be place at location chosen by owners repetitive. G. Fill areas of over excavation with fill Type S1, compacted to density equal to or greater than requirements for subsequent fill material. 3.5 TOLERANCES A. Top Surface of Subgrade: Plus or minus 1/10 foot from required elevation. 3.6 FIELD QUALITY CONTROL A. Finished Subgrade shall be proof rolled in the present of owner or the owners representative. B. Testing: In accordance with ASTM D698. C. When tests indicate Work does not meet specified requirements, remove Work, replace and retest. 3.7 SCHEDULES A. Structural Fill: 1 Prepare and compact sub -base to 98 percent Standard Proctor prior to fill placement,. 2. Fill Type S1: Compact in lifts no greater than 6 inches. 3. Compact subgrade (prior to aggregate surface course & concrete placement) to 98 percent of maximum dry density. The top 12 inches of any fill material shall be compacted to 100 percent. Subgrade to be proof rolled in presence of qualified county representative or engineer. B. Top Soil: 1. Place and loosely compact to a thickness of 4 ". END OF SECTION Grading 02311 - 3 SECTION 02324 TRENCHING 1 GENERAL 1.1 SUMMARY A Section includes excavating trenches for utilities; compacted fill from top of utility bedding to subgrade elevations; and backfilling and compaction. B Related Sections: 1. Section 02060 - Aggregate. 2. Section 02610 — Pipe Culverts 1.2 REFERENCES A ASTM C136 - Method for Sieve Analysis of Fine and Coarse Aggregates. B ASTM D698 - Test Methods for Moisture - Density Relations of Soils and Soil- Aggregate Mixtures, Using 5.5 lb Rammer and 12 inch Drop. C ASTM D1556 - Test Method for Density of Soil in Place by the Sand -Cone Method. D ASTM D2167 - Test Method for Density and Unit Weight of Soil in Place by the Rubber Balloon Method. E ASTM D2922 - Test Methods for Density of Soil and Soil- Aggregate in Place by Nuclear Methods (Shallow Depth). F ASTM D3017 - Test Methods for Moisture Content of Soil and Soil - Aggregate Mixtures. 1.3 DEFINITIONS A Utility: Any buried pipe, duct, conduit, or cable. 1.4 FIELD MEASUREMENTS A Verify field measurements prior to fabrication. 1.5 COORDINATION A Verify Work associated with lower elevation utilities is complete before placing higher elevation utilities. Trenching 02324 -1 2 PRODUCTS 2.1 FILL MATERIALS A Fill Type S1: As specified in Section 02055. 3 EXECUTION 3.1 LINES AND GRADES A Grades 1. Pipes shall be laid true to the lines and grades indicated. 2. The grade alignment of the pipe shall be maintained by the use of a string line parallel with the grade line and vertically above the centerline of the pipe. This line shall be established on level batter boards at intervals of not more than 25 feet. Batter boards shall span the trench and be rigidly anchored to substantial posts driven into the ground on each side of the trench. Three adjacent batter boards must be set before laying pipe to provide a check on the grades and line. Elevation and position of the string line shall be determined from the elevation and position of offset points or stakes located along the pipe route. Pipe shall not be laid using side lines for line or grade. 3. As an alternative means of establishing alignment and grade, a "Laser- Beam" instrument may be utilized with a competent operator. B Location of Pipe Lines: 1. The location and approximate depths of the proposed pipe lines are shown on the Drawings. 2. The Engineer reserves the right to make changes in lines, grades, and depths of pipe lines and manholes when such changes are necessary. 3.2 PREPARATION A Identify required lines, levels, contours, and datum locations. B Protect plant life, lawns, and other features remaining as a portion of final landscaping. C Protect bench marks, existing structures, fences, sidewalks, paving, and curbs from excavating equipment and vehicular traffic. D Maintain and protect above and below grade utilities which are to remain. E Cut out soft areas of subgrade not capable of compaction in place. Backfill with and compact Type Al material. Trenching 02324 - 2 3.3 EXCAVATING A Excavate subsoil required for utilities to tie -in location. B Cut trenches sufficiently wide to enable installation and allow inspection. Refer to 3.4.A.1. Remove water or materials that interfere with Work. C Do not interfere with 45 degree bearing splay of foundations. D Hand trim excavation. Hand trim for bell and spigot pipe joints. Remove loose matter. E Remove lumped subsoil, boulders, and rock up to 1/3 cubic yard, measured by volume. F Correct over - excavated areas with Type Al material (see Section 02060) and compact replacement as specified for authorized excavation. G Stockpile excavated material in area designated on site and remove excess material not being used, from site. 3.4 TRENCHING A Excavations: 1. Excavation shall be dug so that the pipe can be laid and jointed properly. The trench shall be made so that the pipe can be laid to the alignment and depth as shown on the Drawings, and it shall be excavated only so far in advance of pipe laying as permitted by the Engineer. The excavation shall not be more than two feet wider at the bottom than the outside diameter of the pipe or structure. If there is no interference with construction, or adjacent property, and if soil permits, the Contractor at his own expense shall be permitted to slope the side walls of the excavation starting at a point 2 feet above the top of pipe. 2. The trench shall be excavated to the depth required so as to provide a uniform and continuous bearing and support for the pipe on bedding material at every point between joints, except where pipe slings or other lifting tackle are withdrawn. 3. Excavation Below Grade: a) Where excavation indicates that the subsurface materials at the bottom of the trench are in a loose or soft state, the Contractor shall be advised to excavate to a depth where suitable material is encountered, as directed by the Engineer. b) Where the bottom of the trench has been excavated by mistake to a greater depth than required, the Contractor shall refill this area using approved material. No additional compensation shall be given to the Contractor. Refilling with earth to bring the bottom of the trench to the proper grade will not be permitted. Trenching 02324 - 3 B Trenching in Advance of Pipe Laying: The trench for the pipe lines shall not be opened fora distance of more than 100 linear feet at any one time, unless authorized by the Engineer. Contractor shall not leave more than 50 -feet of trench open at the end of a working day, unless special conditions warrant as determined by the Engineer. Any portion of trench left open shall be covered with a steel plate or barricaded so that traffic or pedestrians cannot encounter area. 3.5 SHEETING AND BRACING A General 1. Sheeting and bracing of all excavations shall conform to the latest statutes of the State of Georgia governing safety of workers in the construction industry. When necessary, in the opinion of the Engineer or Contractor, adequate sheeting and bracing shall be installed to prevent ground movement that may cause damage or settlement to adjacent structures, pipelines and utilities. Any damage due to settlement because of failure to use sheeting or because of inadequate bracing, or through negligence or fault of the Contractor in any other manner, shall be repaired at the Contractor's expense. 2. Sides of trenches in unsuitable, loose or soft material shall be shored, sheeted, braced, sloped, or otherwise supported by means of sufficient strength to protect employees working within them. B Sheeting Requirements: 1. Where excavations are made with vertical sides which require supporting, the sheeting and bracing shall be of sufficient strength to sustain the sides of the excavations and to prevent movement which could in any way inj the Work, or adjacent structures, or diminish the working space sufficiently to delay the Work. Special precautions shall be taken where there is additional pressure due to the presence of other structures. 2. It shall be the Contractor's responsibility to select sheeting and bracing of sufficient dimensions and strength to adequately support the sides of trenches and excavations. The Contractor shall submit details of the sheeting and bracing he proposes to use to the Engineer for review. 3. Timber sheeting shall conform in quality to select structural Douglas Fir lumber and shall be sound, live timber, free from sap, large checks, shakes, loose or decayed knots, worm holes, and other imperfections which may impair its strength or durability. 4. In wet excavation grooved sheeting shall be used to prevent passage of soil. Any voids between sheeting and face of excavation shall be filled with suitable material rammed in place. Trenching 02324.4 5. Sheeting and bracing shall be removed before the completion of the Work, unless otherwise directed in writing by the Engineer. Sheeting which is left in place shall be cut off 18 inches below the original ground surface or as directed by the Engineer. Untreated wood will not be allowed to be left in place. 3.6 BACKFILLING A Backfill trenches to contours and elevations with unfrozen fill materials. B Systematically backfill to allow maximum time for natural settlement. Do not backfill over porous, wet, frozen, or spongy subgrade surfaces. C Soil Fill Type S1: From pipe bedding elevation (top of bedding material or initial aggregate backfill if specified to spring line or above), place and compact material in equal, continuous layers as specified within the drawings. D Employ a placement method that does not disturb or damage, utilities in trench. E Maintain optimum moisture content of fill materials to attain required compaction density. F Remove surplus fill materials from site. G Leave fill material stockpile areas completely free of excess fill materials. 3.7 TOLERANCES A Top Surface of Backfilling Under Paved Areas: Plus or minus% inch from required elevations. B Top Surface of General Backfilling: Plus or minus 1 inch from required elevations. 3.8 FIELD QUALITY CONTROL A (Trenching Only) Compaction testing will be performed in accordance with ASTM D698. B If tests indicate Work does not meet specified requirements, remove Work, replace, compact, and retest. C Frequency of Tests: 1 test / 100 LF / 2 feet of backfill. D Provide Engineer and Owner with testing documentation and results. 3.9 PROTECTION OF FINISHED WORK A Reshape and re- compact fills subjected to vehicular traffic during construction. Trenching 02324 - 5 4.1. SCHEDULE A Storm Sewer (Pipe Trench): 1. Cover pipe and bedding with Fill Type S1, in 6 inch lifts, compacted to 95 percent to a point 12 inches below subgrade elevation. Top 12 inches shall be compacted to 100 percent (6 inch lifts, maximum). END OF SECTION Trenching 02324 - 6 SECTION 02610 PIPE CULVERTS PART 1 GENERAL 1.1 SUMMARY A. Section includes: 1. Concrete pipe culvert (RCP). 2. Corrugated Steel Pipe (Type II Aluminized) 3. Joints and accessories. B. Related Sections 1. Section 02060 - Aggregate. 2. Section 02324 - Trenching. 1.2 REFERENCES A. American Association of State Highway and Transportation Officials: 1. AASHTO T99 - Standard Specification for the Moisture-Density Relations of Soils Using a 2.5 kg (5.5 It)) Rammer and a 305 mm (12 in.) Drop. 3. AASHTO T180 - Standard Specification for Moisture - Density Relations of Soils Using a 4.54 -kg (10 -1b) Rammer and a 457 -mm (18 -in.) Drop. 4. AASHTO M -274 — Aluminized Steel Type 2 material. 5. AASHTO M -36 — Standard Specification for Plain Galvanized Corrugated Steel Pipe. 6. AASHTO M -218 — Standard Specification for Plain Galvanized Steel Sheet / Coil (Z or Zinc). 7. AASHTO M252 — Standard specification for polyethylene corrugated drainage pipe. 8. AASHTO M294 — Standard specification for corrugated polyethylene pipe, 12 inch to 36 inch diameter. B. American Society for Testing and Materials: 1. ASTM A929/A929M - Standard Specification for Steel Sheet, Metailic- Coated by the Hot -Dip Process for Corrugated Steel Pipe. 2. ASTM C14 - Standard Specification for Concrete Sewer, Storm Drain, and Culvert Pipe. 3. ASTM A760 — Standard Specification for Corrugated Steel Pipe, Metallic Coated for Sewers and Drains. 4. ASTM C76 - Standard Specification for Reinforced Concrete Culvert, Storm Drain, and Sewer Pipe. 5. ASTM C443 - Standard Specification for Joints for Circular Concrete Sewer and Culvert Pipe, Using Rubber Gaskets. Pipe Culverts 02610 - 1 6. ASTM D698 - Standard Test Method for Laboratory Compaction Characteristics of Soil Using Standard Effort (12,400 ft-lbf /ft3 (600 kN- m/m3)). 7. ASTM D1557 - Standard Test Method for Laboratory Compaction Characteristics of Soil Using Modified Effort (6,000 ft-Ibf /ft3 (2,700 kN- m /m3)). 8. ASTM D2922 - Standard Test Method for Density of Soil and Soil- Aggregate in Place by Nuclear Methods (Shallow Depth). 9. ASTM D3017 - Standard Test Method for Water Content of Soil and Rock in Place by Nuclear Methods (Shallow Depth). 10. ASTM A536 - Ductile iron Castings. 11. ASTM A48 — Gray Iron Castings. 12. ASTM C564 — Rubber Gaskets for Cast Iron Soil Pipe & Fittings. 13. ASTM F405 - Standard specification for corrugated polyethylene pipe and fittings. 14. ASTM F477 — Standard specification for elastomeric seals for joining plastic pipe. 15. ASTM F667 — Standard specification for large diameter corrugated polyethylene pipe and fittings C. Contech Construction Products, Inc. — Product Manual. D. Advanced Drainage Systems, Inc. — Product manual. 1.3 SUBMITTALS A. Product Data: Submit data on pipe, fittings and accessories, including reinforcement details as applicable. B. Manufacturer's Installation Instructions: Submit special procedures required to install Products specified. PART 2 PRODUCTS 2.1 CONCRETE PIPE A. Reinforced Circular Concrete Pipe: ASTM C76, Class Ili 1. Bell and spigot end joints Reinforced Concrete Pipe Joint Device: ASTM C443, rubber compression gasket joint. 2.2 BEDDING AND COVER MATERIALS A. Bedding: Fill Type Al, as specified in Section 02060. B. Cover: Fill Type S1, as specified in Section 02055. Pipe Culverts 02610 - 2 PART 3 EXECUTION 3.1 EXAMINATION A. Verify trench cut is ready to receive work and excavations, dimensions, and elevations are as indicated on drawings. 3.2 PREPARATION A. Remove large stones or other hard matter which could damage piping or impede consistent backfilling or compaction. B. Brace, shore and protect adjacent utilities at crossings of all existing or proposed utilities. 3.3 EXCAVATION AND BEDDING A. Excavate culvert trench in accordance with Section 02324 for work of this Section. Hand trim excavation for accurate placement of pipe to elevations indicated. B. Place bedding material at trench bottom, level fill materials in one continuous layer not exceeding 4 inches compacted depth, compact to 95 percent. Perform work as per detail provided in plans. C. Maintain optimum moisture content of bedding material to attain required compaction density. 3.4 INSTALLATION - PIPE A. Lift or roll pipe into position. Do not drop or drag pipe over prepared bedding. B. Shore pipe to required position; retain in place until after compaction of adjacent fills. Ensure pipe remains in correct position and to required slope. C. Install cover at sides and over top of pipe. Assure compaction around pipe haunch. D. Maintain optimum moisture content of bedding material to attain required compaction density. 3.5 ERECTION TOLERANCES A. Lay pipe to alignment and slope gradients noted on Drawings; with maximum variation from indicated slope of 1/8 inch. Pipe Culverts 02610 -3 3.6 FIELD QUALITY CONTROL A. Compaction Testing: In accordance with ASTM D698. B. When tests indicate Work does not meet specified requirements, remove Work, replace and retest. C. Frequency of Tests: 1 test per 100 linear feet per 2 feet of backfill. 3.7 PROTECTION OF INSTALLED CONSTRUCTION A. Protect pipe and bedding from damage or displacement until backfilling operation is in progress. END OF SECTION Pipe Culverts 02610 - 4 SECTION 02721 AGGREGATE COURSE PART 1 GENERAL 1.1 SUMMARY A. Section includes aggregate course for parking area and trail. B. Related Sections: 1. Section 02750 - Concrete Construction 1.2 REFERENCES A. AASHTO T180 (American Association of State Highway and Transportation Officials) - Moisture - Density Relations of Soils Using a 10-lb Rammer and an 18- in. Drop. B. ASTM D698 — Standard Test Method for Laboratory Compaction Characteristics of Soil Using Standard Effort (12,400 ft- Ibf /ft3 (600 kN- m /m3)). C. ASTM D1557 - Test Methods for Moisture - Density Relations of Soils and Soil - Aggregate Mixtures Using 10 lb Rammer and an 18 inch Drop. D. ASTM D2167 - Test Method for Density and Unit Weight of Soil in Place by the Rubber Balloon Method. E. ASTM D2922 - Test Methods for Density of Soil and Soil- Aggregate in Place by Nuclear Methods (Shallow Depth). F. ASTM D3017 - Test Methods for Moisture Content of Soil and Soil- Aggregate Mixtures. G. Georgia Department of Transportation Standard Specifications for Transportation Systems, 2001 Edition. PART 2 PRODUCTS 2.1 MATERIALS A. Graded Aggregate Base Course shall be as specified within Georgia Department of Transportation Standard Specifications, Section 310. PART 3 EXECUTION 3.1 EXAMINATION A. Verify substrate has been inspected and is dry. B. Verify gradients and elevations are correct. Aggregate Course 02721 - 1 3.2 PREPARATION A. Correct irregularities in substrate gradient and elevation by scarifying, reshaping and re- compacting. B. Do not place fill on soft, muddy or frozen surfaces. 3.3 AGGREGATE PLACEMENT A. Spread aggregate over prepared substrate to a total specified thickness. B. Place aggregate in maximum 4 inch layers and compact to specified density. C. Level and contour surfaces to elevations and gradients indicated. D. Add small quantities of fine aggregate to coarse aggregate as appropriate to assist compaction. E. Add water to assist compaction. If excess water is apparent, remove aggregate and aerate to reduce moisture content. F. Use mechanical tamping equipment in areas inaccessible to compaction equipment. 3.4 TOLERANCES A. _ Tolerances shall be as specified within Georgia Department of Transportation Standard, Section 310. 3.5 FIELD QUALITY CONTROL A. Finished aggregate course shall be proof rolled in the present of owners representative. B. Proof Roll Tests: Contractor to proof roll exposed subgrade using full dump truck prior to aggregate placement. END OF SECTION Aggregate Course 02721 - 2 SECTION 02750 CONCRETE CONSTRUCTION PART 1 GENERAL 1.1 SUMMARY A. Section includes concrete paving. 1.2 REFERENCES A. ACI 301 (American Concrete Institute) - Specifications for Structural Concrete for Buildings. B. ACI 304 (American Concrete Institute) - Recommended Practice for Measuring, Mixing, Transporting and Placing Concrete. C. ASTM A185 - Welded Steel Wire Fabric for Concrete Reinforcement. D. ASTM A497 - Welded Deformed Steel Wire Fabric for Concrete Reinforcement. E. ASTM A615 - Deformed and Plain Billet -Steel for Concrete Reinforcement. F. ASTM C33 - Concrete Aggregates. G. ASTM C94 - Ready Mix Concrete. H. ASTM C150 - Portland Cement 1. ASTM C260 - Air - Entraining Admixtures for Concrete. J. ASTM C309 - Liquid Membrane- Forming Compounds for Curing Concrete K. ASTM C494 - Chemical Admixtures for Concrete. L. ASTM D1751 - Preformed Expansion Joint Fillers for Concrete Paving and Structural Construction. M. ASTM D1752 - Preformed Sponge Rubber and Cork Expansion Joint Fillers for Concrete Paving and Structural Construction. N. Georgia Department of Transportation Standard Specifications for Construction of Transportation Systems. 0. W. R. Grace Admixtures and Specialty Concrete Product Manual. 1.3 QUALITY ASSURANCE A. Perform Work in accordance with Georgia Department of Transportation Standard Specifications Sections 441 and 500 and as specified on drawings. Concrete Construction 02750 - 1 B. Provide Engineer with mix design and specification conformity documentation prior to placing concrete. PART 2 PRODUCTS 2.1 FORM MATERIALS A. Form Materials: As specified in Georgia Department of Transportation Standard Specifications, Section 441 and 500. 2.2 CONCRETE MATERIALS A. Concrete Materials: Provide in accordance with Georgia Department of Transportation Standard Specifications, Sections 441 and 500. B. Concrete to be Class A and have a 28 -day compressive strength of not less than 3000 psi. C. All concrete installed shall be fiber reinforced. Fibers shall be 1 /2 inch or 3 /4 inch collated polypropylene fibers as manufactured by W. R. Grace and Co. — Conn.; Cambridge, MA 02140. The addition rate for Grace fibers shall 1.5 lbs /cubic yard of concrete. Fiber shall be added at the ready mix concrete plant at the time of batching to assure complete dispersion in the concrete. 2.3 CONCRETE MIX A. Mix and deliver concrete in accordance with Georgia Department of Transportation Standard Specifications, Section 500. PART 3 EXECUTION 3.1 EXAMINATION A. Verify compacted subgrade is acceptable and ready to support paving and • imposed loads. B. Verify gradients and elevations of base are correct. 3.2 SUBBASE A. Section 02311 - Grading 3.3 PREPARATION A. Moisten base to minimize absorption of water from fresh concrete. B. Coat surfaces of manholes and grate trap frames with oil to prevent bond with concrete pavement. Concrete Construction 02750 - 2 3.4 FORMING A. Forms shall be assembled, placed and maintained as per Georgia Department of Transportation Standard Specifications, Section 500. 3.5 PLACING CONCRETE A. Place concrete in accordance with Georgia Department of Transportation Standard Specifications, Sections 441 and 500. 3.6 JOINTS A. Place joints in accordance with Georgia Department of Transportation Standard Specifications Sections 441 and 500 and as indicated on plans. 3.7 FINISHING A. Unless otherwise noted, concrete shall be finished in accordance with Georgia Department of Transportation Standard Specifications, Sections 441 and 500. 3.8 TOLERANCES A. Minimal acceptable thickness tolerance shall be as stated in Georgia Department of Transportation Standard Specifications, Sections 441 and 500. 3.9 PROTECTION A. Immediately after placement, protect concrete from premature drying, excessive hot or cold temperatures and mechanical injury. END OF SECTION Concrete Construction 02750 - 3 SECTION 02924 SEEDING AND SOIL SUPPLEMENTS PART 1 GENERAL 1:1 SUMMARY A Section includes preparation of subsoil; placing topsoil; hydroseeding, fertilizer; and maintenance for areas not receiving sod. 1.2 DEFINITIONS A Weeds: Include Dandelion, Jimsonweed, Quackgrass, Horsetail, Morning Glory, Rush Grass, Mustard, Lambsquarter, Chickweed, Cress, Crabgrass, Canadian Thistle, Nutgrass, Poison Oak, Blackberry, Tansy Ragwort, Johnson Grass, Poison Ivy, Nut Sedge, Nimble Will, Bindweed, Bent Grass, Wild Garlic, Perennial Sorrel, and Brome Grass. 1.3 REFERENCES A Manual For Erosion and Sediment Control in Georgia, current edition. B Georgia Department of Transportation Standards and Specifications. 1.4 CLOSEOUT SUBMITTALS A Operation and Maintenance Data: Include maintenance instructions, cutting method and maximum grass height; types, application frequency, and recommended coverage of fertilizer. 1.5 MAINTENANCE SERVICE A Maintain seeded areas immediately after placement until grass is well established and exhibits a vigorous growing condition. B Maintain mulched area as to assure all disturbed areas are completely covered with mulch. PART 2 PRODUCTS 2.1 SEED MIXTURES (TEMPORARY AND PERMANENT) A Seed Mixture: 1. See seed mixture shown on Soil Erosion Control detail sheet. Seeding and Soil Supplements 02924 - 1 2.2 SOIL MATERIALS A. Topsoil (if importing): Fertile, agricultural soil, typical for locality, capable of sustaining vigorous plant growth, taken from drained site; free of subsoil, clay, or impurities, plants, weeds and roots; pH value of minimum 5.4 and maximum 7.0. B. Topsoil excavated from site may be used if kept moist and free of weeds during construction. 2.3 ACCESSORIES A. Fertilizer: recommended for grass; of proportion necessary to eliminate any deficiencies of topsoil to the following proportions: Nitrogen 10 percent, phosphoric acid 10 percent, soluble potash 20 percent. B. Water: Clean, fresh and free of substances or matter which could inhibit vigorous growth of grass. C. Herbicide: As recommended for grass types used. D. Temporary Mulch: 3" -thick wheat straw. PART 3 EXECUTION 3.1 EXAMINATION A. Verify that prepared soil base is ready to receive the Work of this section. 3.2 PREPARATION OF SUBSOIL A. Prepare sub -soil to eliminate uneven areas and low spots. Maintain lines, levels, profiles and contours. Make changes in grade gradual. Blend slopes into level areas. B. Remove foreign materials, weeds and undesirable plants and their roots. Remove contaminated sub -soil. C. Scarify subsoil to a depth of 3 inches where topsoil is to be placed. Repeat cultivation in areas where equipment, used for hauling and spreading topsoil, has compacted sub -soil. 3.3 PLACING TOPSOIL A. Spread topsoil to a minimum depth of 4 inches over area to be seeded. Rake until smooth. B. Place topsoil during dry weather and on dry unfrozen subgrade. Seeding and Soil Supplements 02924 - 2 C. Remove vegetable matter and foreign non - organic material from topsoil while spreading. D. Grade topsoil to eliminate rough, low or soft areas, and to ensure positive drainage. E. Install edging at periphery of seeded areas in straight lines to consistent depth. 3.4 FERTILIZING A. Apply lime and fertilizer based on the results of the soil test(s). B. Apply after smooth raking of topsoil and prior to roller compaction. C. Do not apply fertilizer at same time or with same machine as will be used to apply seed. D. Mix thoroughly into upper 2 inches of topsoil. E. Lightly water to aid the dissipation of fertilizer. Irrigate uniformly the top level of soil. 3.5 HYDROSEEDING A. Apply fertilizer, mulch and seeded slurry with a hydraulic seeder at a rate of 4 -6 Ibs /1040 square feet within one hour after being combined in hydroseeder. B. After application, apply water with a fine spray immediately after each area has been hydroseeded. Saturate to 4 inches of soil and maintain moisture levels two to four inches. C. Contractor to maintain mulch and may be required to add mulch to disturbed /seeded areas as conditions require. 3.6 SEEDING A. Apply seeding as per plans 3.7 SEED PROTECTION A. Contractor to protect seeded areas. END OF SECTION Seeding and Soil Supplements 02924 - 3 9- a 4 . 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S �� ■ .1 A 12 03 e > Q ar o so O 4- < C 0 eg" N ++ CO n0a . 4 0) $ s L N 0• • C 4) ++ O _ 4) 0 . • • C 3 O C5 0 V ++ 7 r- , W ns E .. .. .. .. .. -.2 CO ED C C C+ _ � - L C = C + _ C) 4) 0 0 m n L V ¢N 21 4 0 --+ C W N J 0 L I- CC W O - n t N W 0 a CO I- I- M0¢ L1 CC ' "" 6 ," " Mi The Applicant shall incorporate, or cause to be incorporated, into all construction contracts exceeding $10,000 the following Equal Employment Opportunity clauses: "During the performance of this contract, the contractor agrees as follows: "(1) The contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, or handicapping condition. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, religion, color, sex, national origin, or handicapping condition. 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 pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provision of this nondiscrimination clause. "(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, religion, color, sex, national origin, or handicapping condition. "(3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer advising the labor union or workers' representative of the contractor's commitments under Section 202 of Executive Order 11246, as amended (3 CFR 169 (1979)), and shall post copies of notices in conspicuous places available to employees and applicants for employment. "(4) The contractor will comply with all provisions of Executive Order 11246, as amended, and the rules, regulations, and relevant orders of the Secretary of Labor. "(5) The contractor will furnish all information and reports required by Executive Order 11246, as amended, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of 1 investigation to ascertain compliance with such rules, regulations and orders. "(6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246, as amended, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246, as amended, or by rules, regulations, or orders of the Secretary of Labor, or as otherwise provided by law. "(7) The contractor will include the provisions of Paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules regulations, or orders of the Secretary of Lab issued pursuant to Section 204 of Executive Order 11246, as amended, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions, including sancti for noncompliance; provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States." 2 ' 1 4 ! j / co. / — i' / C / / i // / / / (� I / / 1 1 \ \\ / '/ 1 11 t a / I \ / 11 i 1 C \ 1 . • j J I! ! i r ' \ \ i i t i r 1 \ i \ 5: 73 1 I, 1 `\ \e ` / 1 1 / i t 1 \ I \ \`\ \ \ } \\ / 1 rf l 11 fJ J m / � '/ • / 1 i i t \ \ / I I I Z \ \ 1 \\ \ / 1 1 I 03/ V 1 \ \ \\ \ 1 f + / i \ \ \ \ 1 I + d / / I ^\ \ 1 \\ \\ I I N �l I ! 1 1 ■ \ \ \ \ \ ■ \ \ \ \ \ \ \\ \ , `\ '\ `\ `\ \ \ \ \ ` \ \ \ `\ \\ \\ \\ W O 1 / // -aa \ \\ 1 \ \ \ 1 • J ‘P.&/%\ \\\ 0 \\ \ G7 \\ ` v I I \Nr 13 1 .' \ \ { 1 \ \ \ \ \ \ \ G 3 co N X!k 4 \ NT 73 CD 0 \\ `\ \ \ \ 1 1 fi \ `\ \ � \ \ ` 11 0 \ \ \ \ \ \ \ \\\ \ 1 '# \ \ \ p D \ \ \` \ \ \ \ \ \\ I / \ i I i I \\ n\" ` \� \ ` \ \ � \ \ � '\ 1 \` \ R 1 1 1 \ \ \ \\ \ \ \ \ \\ 1 \ t I 1 1 `\ `\ \ \ \ \ ` \ \ \ \ \ \ \ \ \ ` \ \ I \ - --'. - \ \ \ \ \ \ \\ O 1 1 \ \ \ \ \ i t % 1\1\-"\\:\\\ .\ \ \ — — \ t \ \ \\ \\ \ \ \\ \\ '\ \\ VI \ \j 1 11 1 \ 1 \ , \ \ \ \ \ 1 1111 {{ \ ` \ \ \ \ 1 \� \1 \ \\ \ \\ 1 1 11 \ ' \ \ 1 \� \\ \ I \ \ \ \ a ' . \ \ \ w \ \ . 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Engineers • Consultants • Planners Planning and Zoning 525 Telfair St. Augusta, GA 30901 Phone: (706) 821 -1796 Fax: (706) 821 -1806 Augusta Richmond GA . DOCUMENTNAME:2CD2 C;rY\0'i 3\.d&v G"o..n-t {>~CUYl DOCUMENTTYPE:~n{r~f YEAR: OL BOX NUMBER: ) '-\ FILE NUMBER: IOOL\S NUMBER OF PAGES: Jq ;.. , ORIGINAL CONTRACT BETWEEN AUGUSTA, GEORGIA AND COORDINATED HEALTH SERVICES, INC. FOR THE 2002 EMERGENCY SHELTER GRANT PROGRAM THIS AGREEMENT, made and entered into on this 1 st day of January .L 2002, by and between AUGUSTA, GEORGIA, by and through the Augusta-Richmond County Commission, as the Implementor of the Emergency Shelter Grant Program (hereinafter referred to as "Grantee"), and COORDINATED HEALTH SERVICES, INC., (hereinafter referred to as the "Subrecipient"). WHEREAS, the Grantee has received an Emergency Shelter Grant from the United States Government under Subtitle B of Title IV of the Stewart B. McKinney Homeless Assistance Act (42 USC 11371-11378). WHEREAS, pursuant to such' Grant, the Grante'e is undertaking certain programs and services necessary for the planning, implementation and execution of such a Emergency Shelter Grant Program; and WHEREAS, the Grantee desires to engage the Subrecipient to render certain services, programs, or assistance in connection with such undertakings of the Emergency Shelter Grant Program, situated in the Project Area described in Appendix A. NOW, THEREFORE, the parties hereto do mutually agree as follows: 1. SCOPE OF SERVICE The Subrecipient, shall perform all the necessary services provided under this Contract in accordance with and respecting the following project: St. Vincent de Paul Health Center The Subrecipient shall do, perform, and carry out, in a satisfactory manner, as determined by the Grantee, the goals, objectives, and tasks set forth in Appendix 8, and incorporated herein by reference. 2. TERMS; TERMINATION a. The services of the Subrecipient are to commence on January 1. 2002, 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. 2002 J or until this Agreement is otherwise terminated. b. The parties agree that, the Grantee may terminate this Contract or any work or delivery required hereunder, from time to time, either in whole or in part, whenever the Commission, on recommendation from the Director of the Housing and Neighborhood Development Department (HND), shall determine that such termination is in the Grantee's best interest. Termination, in whole of in part, shall be effected by delivery of a Notice of Termination signed by the Mayor, mailed or delivered to Subrecipient, and specifically setting forth the effective date of termination. c. Either party may terminate this Contract, without further obligation, for the default of the other party or its agents or employees with respect to any agreement o'r provision contained herein upon 15 days written notice to the other party. All reports or accountings provided for herein shall be rendered whether or not falling due within the contract period. d. Further, the Grantee reserves the right to terminate this Contract upon written notification to the Subrecipient under any of the following conditions: 1) Notification by HUD to the Grantee that said project is ineligible because of project location, services provided, or any other reason cited by HUD; 2) Notification by HUD to the Grantee that said project is deficient and that continued support of the project is not providing an adequate level of services to low income, homeless and minority people; or 3) Written notification from HUD to the Grantee that the program funds made available to the Grantee are being curtailed, withdrawn, or otherwise restricted. e. The Grantee also reserves the right to terminate this Contract or to reduce the Contract compensation amount if the Subrecipient: 1) Fails to file required reports or to meet project progress or completion deadlines; 2) Materially fails to comply with any prOVIsion of this Agreement (which may result in suspension or termination in accordance with 24 CFR 85.43 or 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. 2 " 3. KEY PERSONNEL a. Subrecipient shall assign to this Contract the following key personnel: (1) George Foster, President (2) Carolyn Hyde, Grants Coordinator b. During the period of performance, Subrecipient shall make no substitutes of key personnel unless the substitution is necessitated by illness, death, or termination of employment. Subrecipient shall notify the Grantee Director of HND within five (5) calendar days after the occurrence of any' of these events and provide the following information, providing a detailed' explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any , additional information requested by the Grantee's Director of HND. Proposed substitutes should have comparable qualifications to those of the persons being replace. The Grantee's Director of HND will notify the, Subrecipient within fifteen (15) calendar days after receipt of all required information of the decision on substitutions. This clause will be modified to reflect any approved changes of key personnel. 4. PERFORMANCE MONITORING The Grantee will monitor the performance of the Subrecipient against goals and performance standards required herein. Substandard performance as determined by the Grantee will constitute non-compliance with this contract. If actions to correct such substandard performance are not taken by the Subrecipient within 30 days following on- site monitoring by the Grantee, contract termination procedures will be initiated. 5. INSPECTION AND ACCEPTANCE All tasks and reports shall bel 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 $5.823.53 for full performance of ~he services specified under this Agreement. Any cost above this amount shall be the sole responsibility of the Subrecipient. Subrecipient shall submit monthly requests for 3 payment' to the Housing and Neighborhood Development (HND) Department. Compensation shall be allowed ori a reimbursement basis, only afte'r expenditures have . been incurred by the Subrecipient and proper supporting documentation has been submitted in conformity with the approved and executed budget documentation which is attached to this Contract as Appendix C, incorporated herein by reference. In every case, payment will be made subject to receipt of a reimbursement request for payment from the Subrecipient specifying and certifying that such expenses have been incurred and expended in conformance with this Contract and that the Subrecipient is entitled to receive the amount requested under the terms of this Contract. Client's 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 Emergency Shelter Grants Programs: Stewart S. McKinney Homeless Assistance Act 24 CFR Part 576 and other regulations governing Emergency Shelter Grant Program, and any amendments or policy revisions thereto which shall become effective during the term of this Agreement. A copy of said regulations is incorporated by reference. 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 . National Environmental Policy Act of 1969 (and the implementing regulations 24 CFR 58), the National Historic Preservation Act of 1966 as amended (16 USC 470), Section 504 of the Rehabilitation Act of 1973 (29 USC 794) (and the implementing regulations at 24 CFR 8), the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975 (42 USC 6101) (and the implementing regulations at 24 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 homeless individuals and families. The Subrecipient agrees to maintain documentation that demonstrates that the activities carried out with funds provided under this Contract meet one or more of the ESG Program's purposes as defined in 24 CFR 576.1: (1) to help improve the quality of existing emergency shelters for the homeless, (2) to help make available additional emergency shelters, (3) to help meet the costs. of operating emergency shelters and of providing certain essential social.services to homeless individuals, so that these persons have access not only to safe arid sanitary shelter, but also to the supportive services and other kinds of assistance they need to improve their situations; and (4) to restrict the increase of Iiomelessness through the funding of preventive programs and activities. 4 Subrecipient agrees to comply with the requirements. of Title 24 Code of Federal . Regulations, Part 576 of the Housing and Urban Development regulations concerning Emergency Shelter Grant (ESG) Program and all federal regulations and policies issued pursuant to these regulations incl':lding: If the Subrecipient is a government agency, OMS Circular A-87, . "Principles for Determining Cost Applicable to Grants and Contracts with State, Local and Federally Recognized Indian Tribal Governments," OMS Circular A-128, "Audits of State and Local Governments" (implemented at 24 CFR 44); and the sections of 24 CFR 85, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, specified at 24 CFR 570.502(a). If the Subrecipient is not a government agency, OMS Circular A-122, "Cost Principles for Non- Profit Organizations," or OMS Circular A-21 , "Cost Principles for Education Institutions,".. as applicable; OMS Circular A-133, "Audits of Institutions of Higher Education and Other Non-Profit Institutions/and OMS Circular A-11 01, as specified at 24 CFFR 570.502(b). Subrecipient is prohibited from using funds provided herein for political activities, sectarian or religious activities, or lobbying activities. 9. MATCHING FUNDS The Subrecipient shall match the amount of the grant approved for this project. In calculating the amount of matching funds, there may be included the value of any donated material or building: the value of any lease on a building; any salary paid to staff in. carrying out the emergency shelter programs; and the time and services contributed by volunteers to carry out the emergency shelter program, determined at the rate of $10.00 per hour. The Grantee shall determine the value of any donated material or building or any lease using any method reasonably calculated to establish a fair market value. 10. PROGRAM INCOME Program Income (defined at 24. CFR 570.500 and 570.504) derived from the project shall revert to the Grantee for use in the Emergency Shelter Grant Program. Program income is anticipated to be approximately $0. . 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 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 ir:'lsurance coverage to protect contract assists 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 nad . successors as named insured as their interests may appear, and shall be issued by and. insurance carrier or carriers licensed to do business in the State of Georgia and reasonably acceptable to Grantee. All such policies shall provide that no actor 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 contract shall be prominently labeled as to funding source. In addition, the Subrecipient will include a reference to the support provided herein all publications made possible with funds made available under this contract. 16. OPEN MEETINS LAW COMPLIANCE Subrecipient is subject to the Georgia Open Meetings Law if it receives more that 33 1/3 of its funds from taxpayer sources. Accordingly, the Subrecipient will take the following compliance measures: it will notify the Augusta Chronicle, and the Augusta Focus or the Metro Courier of its regular board meeting schedule and of any special called meetings except emergency meetings; it will post notices of its meetings in a public place at the meeting sites and it will keep a written agenda, minutes, attendance, and voting record for each meeting and make the same available for inspections by the press, the public . I ' 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 Soard of Directors' meetings. Publications and minutes of each meeting shall be 'submitted to Grantee within 30 days after each meeting. 6 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 program progress and financial reports and any. other reports that may be specified in Appendix D. S. CLIENT DATA Subrecipient agrees to maintain client data demonstrating client's eligibility for services. Such data shall include, but not be limited to, client's name, address, income level, racial, ethnic, gender, head of household, household income, household size, or other basis for determining eligibility, and description of. services provided. Subrecipient shall submit this data to Grantee within 30 days after December 31,2002. C. RECORDS TO SE MAINTAINED Subrecipient shall maintain all records required by the federal regulations specified in 24 CFR Part 576.87, and that are pertinent to the activities to be . funded under this Contract. Such records shall include but not be limited to: i. Records providing a full description of each activity undertaken; ii. Records required to determine the eligibility of activities provided to each homeless person; Hi. Records documenting compliance with the fair housing and equal opportunity components of the ESG Program, and iv. Financial records as required by OMS Circular A-133. Subrecipient agrees to keep all necessary books and records, including property, personnel and financi~1 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, 7 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 that four (4) years after the termination of all activities funded under this contract, or after the resolution of all Federal audit findings, whichever occurs later and grants the Grantee the option of retention of the project records,books, papers, and documents. The retention period. shall start from the date of submission of the. Grantee's annual p~rformance report, as prescribed in 24 CFT 91.520, in which. the specific activity is reported on for the final time rather than from the date of submission of the final expenditure report for the award. F. PERMITS The Subrecipient agrees to obtain all necessary permits for intended improvements or activities. G. AFFIRMATIVE ACTION The Subrecipient, if its program involves housing, agrees to affirmatively further fair housing. . H. CONFLICT OF INTEREST The Subrecipient hereby severally warrants that is will establish and adopt safeguards to prohibit members, officers, and employees from using positions for a purpose that is. or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. Further, no member, officer, or employee of. Subrecipient who exercises any functions or responsibility with respect to the program during his or her tenure or for one year thereafter, shall have any 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 8 authority to enter into this Agreement and that there. are no restrictions or prohibitions contained in any article of incorporation or bylaws against entering into this Agreement. 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 S04 of the Rehabilitation Act of 1973 (29 USC 794)(and the implementing regulations at 24 CFR 8), the Americans with Disabilities Act of 1990 (PL 101-336), and all state and local laws requiring physical and program accessibility to people with disabilities, and agrees to defend, hold harmless, and indemnify the Grantee from and against any and all liability for any noncompliance on the part of the Subrecipient. K. INDEPENDENT CONTRACTOR Nothing contained in this Agreement is intended to, or shall be construed in any manner to, create or establish an employer-employee relationship between the parties, nor shall any employee of the Subrecipient by virtue of this Contract be an employee of the Grantee for any purpose whatsoever, nor shall any employee of the Subrecipient be entitled to any of the rights, privileges, or benefits of Grantee employees. The Subrecipient shall be deemed at al times an independent contractor and shall be wholly responsible for time, means and manner for performance of the services required of it by the terms ,of this Contract. The Subrecipient assumes exclusively the responsibility for the acts of its employees as they relate to the services provided during the course and scope of their employment. L. PROCUREMENT When procuring property, goods and services under $100,000, the Subrecipient shall follow Augusta-Richmond County's procurement procedures which reflects applicable state and local laws and regulations. For purchases of $100,000 or. more, federal laws, regulations and standards apply. 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 tre~ted during employment without regard to their 9 race, color, creed, religion, sex, age handicap, disability, sexual orientation, ancestry, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of payor other forms of compensation, and selection for training including apprenticeship. The Subrecipient agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of the nondiscrimination clause. (2) The Subrecipient will, in all solicitations or advertisements for employees placed by or on behalf of the Subrecipient, state that all qualified applicants will receive consideration for employment without regard to race, creed, religion, sex, age handicap, disability, sexual orientation, ancestry, national origin, marital status, or any other basis prohibited by applicable law. (3) The Subrecipient will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said. labor union or workers' representatives of the Subrecipient's commitments under this section, and shall post copies of the notice in conspicuous places available to employees. and applicants for employment. (4) The Subrecipient will comply with all provisions of Executive Order. 11246, Equal Employment Opportunity, of September 24, 1965, as amended by Executive Orders 11375, and 1086, copies of which are on file and available at the Grantee, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The Subrecipient will furnish all information and reports required by Executive Orders 11246 of September 24, 1965, as amended, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereof, and will permit access to its books, records, and accounts by HUD and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In . the event of the Subrecipient's noncompliance with the nondiscrimination clauses of this Contract or with any of the said rules, regulations, or orders, this Contract may be canceled, terminated, or suspended in whole or in part and the Subrecipient may be declared ineligible for further Government contracts or federally 'a.s~isted 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 im(oked as provided in Executive Order 11246 of September 24, 1965, as amended, or as otherwise provided by law. 10 (7) The Subrecipient will include in the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor, issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, as amended, so that such provisions will be binding upon each subcontractor or vendor. The Subrecipient will take such action with respect to any subcontract or purchase order as HUD may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided, however, that: in the event a Subrecipient becomes involved in, or is threatened - with, litigation with a subcontractor or vendor as a result of such direction by HUD, the Subrecipient may request the United States to enter into such litigation to protect the interests of the United States. S. Equal Opportu,nity in Participation Under the terms of Section 109 of the Housing and Community Development Act of 1974, and in conformance with Grantee policy and all requirements imposed by or pursuant to the Regulations of HUD (24 CFR Part 570.601 and 570.602) issued pursuant to Section 109, no person in the United States shall on the grounds of race, color, creed, religion, sex, age, handicap, disability, sexual orientation, ancestry, national origin, marital status, familial status, or any other basis prohibited by applicable law be excluded. from participation in, be denied benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with Emergency Shelter Grant Program funds. SpeCific (not exclusive) Discriminatory Actions Prohibited: The Subrecipientmay 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: (1) Deny any facilities, services, financial aid, or other benefits provided under the program or activity. (2) 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. (3) Subject to segregated or separate treatment in any facility, or in any other matter process related to receipt of any service or benefit under the program or activity. (4) 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. 11 (5) 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 othe'r benefit provided under the program or activity. (6) 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 R~sidents, 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 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, 42 use 2000d et seq.) and the Fair Housing Act (42 USC 3601-20). In accordance with Grantee Policy and Title VI of the Civil Rights Act of 1964 (PL 88-352), in the sale, lease or other transfer of land acquired, leased or improved with assistance provided under this Agreement, the deed or lease for such transfer shall contain .a covenant prohibiting discrimination upon the basis of race, color, creed, religion, sex, handicap, disability, sexual orientation, ancestry, national origin, marital status, or familial status, in the sale, lease, or rental, or in the use of occupancy of such land or any improvements erected or 12 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 I.abor standards provisions and shall pay overtime compensation in accordance with and subject to the provisions of the Contract Work Hours and Safety Standards Act (40 USC 327-332), and the Subrecipient shall comply with all regulations issued pursuant to the Act and with other applicable Federal laws and regulations pertaining to labor standards, including the Copeland "Anti-Kickback" Act. Provided that if wage rates higher than those required under the regulations are imposed by State or Local laws, nothing hereunder is intended to relieve the Subrecipient of its obligation, if any, to require payment of the higher rates. G. Flood Disaster Protection This Agreement is subject to the requirements of the Flood Disaster Protection Act of 1973 (PL93-234). Use of any assistance provided under this Agreement for acquisition .. or construction in an area identified as having special flood hazards shall be subject to the 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 S.ubcontracts 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 I Any grants or loans. made by the' Subrecipient for the rehabilitation of residential structures with assistance provided under this Agreement shall be made subject to the provisions for the elimination of lead-based paint hazards under 24 CFR Part 35. The Subrecipient, at its sole cost, will comply with the requirements of 24 CFR 570.608 for notification, inspection, testing, and abatement procedures concerning lead-based paint. Such regulation requires that all owners, prospective owners, and tenants of properties 13 constructed prior to 1978 be properly notified that such properties may contain lead- based paint. Such notification shall point out the hazards of lead-based paint and explain the symptoms, treatment, and precautions that should be taken when dealing with lead-based paint poisoning., K. Special Assessments Subrecipient will not attempt to recover any capital costs of public improvements assisted in whole or in part with funds provided under Section 106 of the Act or with amounts resulting from a guarantee under Section 108 of the Act by assessing any amount against properties owned and occupied by persons of low and moderate income, including any fee charged or assessment made as a condition of obtaining access to such public improvements, unless: (1) funds received under Section 106 of the Act are used to pay the proportion of such fees or assessment that relates to the capital costs of such public improvements that are financed from revenue sources other than under Title I of the Act, or (2) for purposes of assessing any amount against . properties owned and occupied by persons of moderate income, the grantee certifies to the Secretary of HUD that it lacks sufficient funds received under Section 106 of the Act to comply with the requirements of subparagraph (1). ' L. Acquisition, Rehabilitation, and Demolition of Real Property and Displacement of Persons and Businesses Subrecipient will comply with the "Grantee's Community Development Block Grant Program Plan for Minimizing the Displacement of Persons as a result of Emergency . Shelter Grant Funded Activities" and the Grantee's Residential Anti-Displacement and Relocation Assistance Plan." The Subrecipient will conduct any acquisition, rehabilitation, or demolition, .or real property, and any negotiations for acquisition, rehabilitation, or demolition of. real property in compliance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, Section 104(d) of the Act, and the implementing regulations at 49. CFR 24 and 24 CFR 570.606. Unless specifically permitted in Appendix B or Appendix C, Subrecipient will not cause either temporary or permanent involuntary displacement or persons. or businesses. If Subrecipient causes the involuntary temporary or permanent displacement of any persons or business as a result of Emergency Shelter Grant Activities, is shall comply with the Grantee's "Plan to Assist Persons Actually Displaced by Emergency Shelter Grant Activities," and Subrecipient. shall provide all notices, advisory assistance, relocation 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 Restriction Subrecipient certifies that, to the best of its knowledge and belief: . ' No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any 14 agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; . If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or employee of a Member of Congress, in connection with this Federal Contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying" in accordance with its instructions; and It will require that the language of this paragraph M be included in the award documents for all sub-awards at all tiers (including subcontractors, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose according. This certification is a material representation of face upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, United States Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. N. Provisions Required by Law Deemed Inserted Each and every provision of law and clause required by law to be inserted in this Contract shall be read and enforced as though it were included herein, and. if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party the contract shall forthwith be physica,lly amended to make such insertion or correction. O. Historic Preservation If applicable, the Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in CFR, Part 800, Advisory Council of Historic preservation Procedures for Protection of Historic properties, insofar as they apply to the performance of this contract. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old of older or that are included on a Federal, State or local historic property list. 21. MISCELLANEOUS A. This Agreement shall be governed by and construed according to the laws of the State of Georgia. 15 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. 16 IN WITNESS WHEREOF, the'parties have set their hands and seals as of the date first written above. . ,,_ ~,~. -"t_"';:' ATTEST: , ' '~\yti;lTrj.JLj' ~" . " v'\;:_>'-~SE'"AL~~, ;;:- ~ . .. :t,'-,:", ~-;-Q _ .~ '".u(:_ ""....c, ~? .~r'.~ Il;'-'~ ": ~ f /. ',\1;.r.~~,7;:, -;: ...... " '~ ~ ........ ~ ~' ..... - '" ~-%'" ......... 0__., i ' , ~ _ SEAL ATTEST: cf~~ {i~ Linda Tilby As its Secretary (Plain Witness) 17 APPENDIX A Proiect Area . This project is located at 1384 Greene Street, Augusta, Georgia 30901. APPENDIX 8 Goals. Obiectives. and Tasks The goal of this project is to provide primary and preventive health care to homeless people, those who have recently overcome homelessness, and those whose extreme poverty puts them at high-risk for homelessness. The objectives are to: 1) provide basic primary care at the health center, 2) provide outreach services, 3) provide basic primary health care services at The Master's Table soup kitchen and 4) provide comprehensive level of care by actively coordinating services with other health and social service agencies in the community. APPENDIX C - . Budget ESSENTIAL SERVICES $5,823.53 APPENDIX D Reporting 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, 2002, July 15, 2002, October 15, 2002 and January 15, 2003. 3. Annual Report - Due January 30, 2003. 4. Audit Report ( Due 30 days after completion of audit). 5. Use of Facility Certification - Annually (for projects where improvements were made or property was acquired). 18 ATTACHMENT #1 Reaulations. Circulars & Local Procurement Policy 1. Emergency Shelter Grant Program regulations 24 CFR 576. 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 ATTACHMENT #2 Forms Reimbursement Request Monthly Statistical Report. Quarterly Report Annual Report Time Sheet Travel Log Inventory 19