HomeMy WebLinkAboutAugusta Georgia and Delta
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Augusta Richmond GA
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DOCUMENT TYPE: ~D () +-rQCf
YEAR: '1-Of) 0
BOX NUMBER: 0
FILE NUMBER:
/4J/4
NUMBER OF PAGES:
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RECEiVED DEe 2 7 1999
COpy
CONTRACT BETWEEN AUGUSTA, GEORGIA
AND
DELTA HOUSE, INC.
FOR
YEAR 2000 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
THIS AGREEMENT, made and entered into on this ~ day of January, 2000, by and
between AUGUSTA, GEORGIA, by and through the Augusta-Richmond County Commission,
as the Implementor of the Community Development Block Grant Program (hereinafter referred
to as "Grantee"), and DELTA HOUSE, INC., (hereinafter referred to as the "Subrecipient").
WHEREAS, the Grantee has received a Community Development Block Grant from the United
States Department of Housing and Urban Development (HUD) under Title I of the Housing and
Community Development Act of 1974, as amended (42 USC 5301 et seq,) (the Act); and
WHEREAS, pursuant to such Grant, the Grantee is undertaking certain programs and services
necessary for the planning, implementation and execution of such a Community Development
Block Grant Program; and
WHEREAS, the Grantee desires to engage the Subrecipient to render certain services,
programs, or assistance in connection with such undertakings of the Community Development
Block Grant Program, situated in the Project Area described in Appendix A.
NOW, THEREFORE, the parties hereto do mutually agree as follows:
1. SCOPE OF SERVICE
The Subrecipient shall perform all the necessary services provided under this Contract in
accordance with and respecting the "Computer Tutoring and Art ProgramD 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. 2000, and shall
be undertaken and completed in such sequence as to assure their expeditious
completion in the light of the purposes of this Contract unless so otherwise
specified in the Contract Section 19 (General Terms and Conditions). This
Agreement shall remain in effect until December 31, 2000, or until this
Agreement is otherwise terminated
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b. The parties agree that the Grantee may terminate this Contract or any work or
delivery required hereunder, from time to time, either in whole or in part,
whenever the Commission, on recommendation from the Director of the Housing
and Neighborhood Development Department (HND), shall determine that such
termination is in the Grantee's best interest. Termination, in whole or in part,
shall be effected by delivery of a Notice of Termination signed by the Mayor,'.
mailed or delivered to Subrecipient, and specifically setting forth the effective
date of termination.
c. Either party may terminate this Contract, without further obligation, for the default
of the other party or its agents or employees with respect to any agreement or
provision contained herein upon 15 days written notice to the other party. All
reports or accountings provided for herein shall be rendered whether or not
falling due within the 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-11Q,
(3) Expends funds under this Agreement for ineligible activities, services, or
items;
(4) Implements the project prior to notification from the Grantee that the
federal environmental review process has been completed;
(5) . Violates Labor Standards requirements; or
(6) Fails to comply with written notice from the Grantee of substandard
performance under the terms of this Agreement.
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3. KEY PERSONNEL
a. Subrecipient shall assign to this Contract the following key personnel:
i. Christine Miller-Betts, Director
b. During the period of performance, Subrecipient shall make no substitutes of key
personnel unless the substitution is necessitated by illness, death, or termination
of employment. Subrecipient shall notify the Grantee Director of HND within five
(5) calendar days after the occurrence of any of these events and provide the
following information, providing a detailed explanation of the circumstances
necessitating the proposed substitutions, complete resumes for the proposed
substitutes, and any additional information requested by the Grantee's Director of
HND, Proposed substitutes should have comparable qualifications to those of
the persons being replaced. The Grantee's Director of HND will notify the
Subrecipient within fifteen (15) calendar days after receipt of all required
information of the decision on substitutions. This clause will be modified to
reflect any approved changes of key personnel.
4. PERFORMANCE MONITORING
The Grantee will monitor the performance of the Subrecipient against goals and performance
standards required herein. Substandard performance as determined by the Grantee will
constitute non-compliance with this contract. If actions to correct such substandard
performance are not taken by the Subrecipient within 30 days following on-site monitoring by
the Grantee, contract termination procedures will be initiated.
5. INSPECTION AND ACCEPTANCE
All tasks and reports shall be conducted and completed in accordance with recognized and
customarily accepted industry practices, and shall be considered complete when services are
a'pproved as acceptable by the Grantee in writing. In the event of rejection of any tasks, reports,
etc., Subrecipient shall be notified in writing and shall have ten (10) working days from date of
issuance of notification to correct the deficiencies and re-submit acceptable work within said
ten-day period. Failure to submit acceptable work within said ten-day period shall constitute a
breach of this contract for which the Subrecipient may be held in default.
6. SEVERABILITY
If any term or 'condition of this Agreement is found by a court of competent jurisdiction to be void
or invalid, such invalidity shall not affect the remaining terms and conditions of this Agreement,
which shall continue in full force and effect.
7 . COMPENSATION
The Subrecipient shall be paid a total consideration of $ 22,941 for full performance of the
services specified under this Agreement. Any cost above this amount shall be the sole
responsibility of the Subrecipient. Subrecipient shall submit monthly requests for payments to
the Housing and Neighborhood Development (HND) Department. Compensation shall be
allowed on a reimbursement basis, only after expenditures have been incurred by the
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Subrecipient and proper supporting documentation has 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-dayturnaround period by Grantee.
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Requests for payments must be received by Grantee not later than the 15 day of eac;,
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 Slock Grant Program, and any
amendments or policy revisions thereto which shall become effective during the term of this
Agreement. A copy of said regulations is incorporated by reference. Any unused funds
remaining at the expiration of this agreement shall revert to Grantee.
In addition, the Subrecipient agrees to comply with other applicable laws, including the National
Environmental Policy Act of 1969 (and the implementing regulations at 24 CFR 58), the National
Historic Preservation Act of 1966 as amended (16 USC 470), Section 504 of the Rehabilitation
Act of 1973 (29 USC 794) (and the implementing regulations at 24 CFR 8), the Americans with
Disabilities Act of 1990, the Age Discrimination Act of 1975 (42 USC 6101) (and the
implementing regulations at 24 CFR 146), the prohibition against using debarred contractors at
24 CFR 570.609, and Executive Orders 11063, 11246, 11375, 12086, and 12259.
Further, any funded activity must be designed or so located as to principally benefit lower
income persons, aid in the prevention or elimination of slums or blight, or meet urgent
community development needs, as defined in the program regulations.
The Subrecipient agrees to maintain documentation that demonstrates that the activity carried
out with funds meets the national objective of benefiting low and moderate income persons as a
public service limited cHentele activity.
Subrecipient agrees to comply with the uniform administrative requirements specified at 24 CFR
570.502 and 24 CFR 570,610,' including OMS Circular A-122, "Cost Principles for Non-Profit
Organizations," OMS Circular A-133, "Audits of Institutions of Higher Education and Other Non-
Profit Institutions," and OMS Circular A-f1 O.
Subrecipient is prohibited from using funds provided herein for political activities, sectarian or
religious activities, or lobbying activities. .
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9. PROGRAM INCOME
Program Income (defined at 24 CFR 570.500 and 570.504) derived from the project is
anticipated to be approximately $0.
10. REVERSION OF ASSETS
Any real property under the Subrecipient's control acquired or improved in whole or in part with
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 c3t BONDING
Subrecipient shall carry sufficient insurance coverage to protect contract assets from loss due to
theft, fraud and/or undue physical damage, and as a minimum shall purchase a blanket fidelity
bond covering all employees in an amount equal to cash advances from the Grantee. All
policies providing insurance coverage required to be maintained by Subrecipient hereunder
shall list Grantee, The Augusta-Richmond County Commission and its Mayor, and their officers,
agents, members, employees and successors as named insureds, as their interests may
appear, and shall be issued by an insurance carrier or carriers licensed to do business in the
State of Georgia and reasonably acceptable to Grantee. All such policies shall provide that no
act or omission of Grantee or its agents, servants, or employees shall in any way invalidate any
insurance coverage for the other named insureds. No insurance policy providing any insurance
coverage required to be provided by Subrecipient hereunder shall be cancelable without at least
15 days advance written notice to Grantee, All insurance policies required hereunder, or copies
thereof, shall be provided to Grantee by Subrecipient.
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15. GRANTOR RECOGNITION
Subrecipient shall insure recognition of the role of the grantor agency in providing services
through this contract. All activities, facilities and items utilized pursuant to this contract shall be
prominently labeled as to funding source. In addition, the Subrecipient will include a reference
to the support provided herein all publications made possible with funds made available under
this contract.
16. OPEN MEETINGS LAW COMPLIANCE
Subrecipient is subject to the Georgia Open Meetings Law if it receives more than 33 1/3% of its
funds from taxpayer sources. Accordingly, the Subrecipient will take the following compliance
measures: it will notify the Augusta Chronicle, and the Augusta Focus or the Metro Courier of its
regular board meeting schedule and of any special called meetings except emergency
meetings; it will post notices of its meetings in a public place at the meeting sites and it will keep
a written agenda, minutes, attendance, and voting record for each meeting and make the same
available for inspections by the press, the public and the Grantee. The press, public and the
Grantee shall not be denied admittance to the Subrecipienfs board meetings.
Subrecipient shall provide to the Grantee a tentative annual schedule of the Board of Directors'
meetings. Publications and minutes of each meeting shall be submitted to Grantee within 30
days after each meeting.
17. ASSIGNMENT
Without the prior written consent of the Grantee, this Agreement is not assignable by the
Subrecipient, either in whole or in part.
18. ENTIRE CONTRACT; ALTERATION
This Agreement is the entire agreement between the parties hereto. No alteration or variation in
the terms of this Agreement shall be valid unless made in writing and signed by the parties
hereto. Only one amendment to said agreement shall be allowed during the program year.
19. GENERAL TERMS AND CONDITIONS
a. REPORTS
The Subrecipient agrees to submit to Grantee monthly clients' statistical reports,
quarterly progress reports, financial reports and any other reports that may be specified
in Appendix D.
b, CLIENT DATA
Subrecipient agrees to maintain racial, ethnic, gender, head of household, household
income, and household size data showing the extent to which these categories of
persons have participated in, or benefited from the project, and to submit this information
to the Grantee by January 30, 2001.
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c. RECORDS TO BE MAINTAINED
Subrecipient shall maintain all records required by the federal regulations specified in 24
CFR Part 570.506, and that are pertinent to the activities to be funded under this
contract. Such records shall include but are not limited to the items listed below:
I. Records providing a full description of each activity undertaken;
II. Records demonstrating that each activity undertaken meets one of the
National Objectives of the CDBG Program;
111. Records required to determine the eligibility of activities;
iv. Financial records as required by 24 CFR Part 570.502. and OMS Circular
A-133; and
v. Other records necessary to document compliance with Subpart K of 24
CFR 570,
Subrecipient agrees to keep all necessary books and records, including property,
personnel and financial records, in connection with the operations and services
performed under this Agreement, and shall document all transactions so that all
expenditures may be properly audited. If the Subrecipient receives $300,000 or more in
combined federal assistance, it agrees to obtain an audit conducted in accordance with
OMS Circular A-133. However, if an audit is not required, the Subrecipient agrees to
provide quarterly financial reports to the Grantee. If Subrecipient do not prepare
financial statements on a monthly or quarterly basis, a detailed list of cash receipts and
disbursements should be submitted to Grantee quarterly.
d. ACCESS TO RECORDS
The Subrecipient agrees that the Grantee or any authorized representative has access
to and the right to examine all records, books, papers, or documents related to the
project.
e. RETENTION
The Subrecipient hereby severally warrants that all project records, books, papers, and
documents will be retained for a period of not less than four (4) years after the
termination of all activities funded under this contract, or after the resolution of all
Federal audit findings, whichever occurs later and grants the Grantee the option of
retention of the project records, books, papers, and documents. The retention period
shall start from the date of submission of the Grantee's annual performance report, as
prescribed in 24 CFR 91.520, in which the specific activity is reported on for the final
time rather than from the date of submission of the final expenditure report for the award.
f. PERMITS
The Subrecipient agrees to obtain all necessary permits for intended improvements or
activities.
g. . AFFIRMATIVE ACTION
The Subrecipient, if its program involves housing, agrees to affirmatively further fCiir
housing,
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h, CONFLICT OF INTEREST
The Subrecipient hereby severally warrants that it will establish and adopt safeguards to
prohibit members, officers, and employees from using positions for a purpose that is or
gives the appearance of being motivated by a desire for private gain for themselves or
others, particularly those with whom they have family, business, or other ties. Further,
no member, officer, or employee of Subrecipient who exercises any functions or
responsibility with respect to the program during his or her tenure or for one year
thereafter, shall have any financial interest, direct or indirect, in any contract or
subcontract, or the proceeds thereof, either for themselves or those with whom they
have family or business ties, for work to be performed in connection with the program
assisted under this Agreement.
i. AUTHORIZA TJON TO EXECUTE AGREEMENT
The undersigned person signing as an officer on behalf of the Subrecipient, a party to
this Agreement, hereby severally warrants and represents that said person has authority
to enter into this Agreement on behalf of said Subrecipient and to bind the same to this
Agreement, and further that said Subrecipient has authority to enter into this Agreement
and that there are no restrictions or prohibitions contained in any article of incorporation
or bylaw against entering into this Agreement.
j. SECTION 504
The Subrecipient hereby certifies that, in the implementation of projects funded by this
Agreement and in all of its other operations, it will comply with all requirements of
Section 504 of the Rehabilitation Act of 1973 (29 USC 794) (and the implementing
regulations at 24 CFR 8), the Americans with Disabilities Act of 1990 (PL 101-336), and
all state and local laws requiring physical and program accessibility to people with
disabilities, and agrees to defend, hold harmless, and indemnify the Grantee from and
against any and all liability for any noncompliance on the part of the Subrecipient.
k. INDEPENDENT CONTRACTOR
Nothing contained in this Agreement is intended to, or shall be construed in any manner
to, create or establish an employer-employee relationship between the parties, nor shall
any employee of the' Subrecipient by virtue of this Contract be an employee of the
Grantee for any purpose, whatsoever, nor shall any employee of the Subrecipient be
entitled to any of the rights. privileges, or benefits of Grantee employees. The
Subrecipient shall be deemed at all times an independent contractor and shall be wholly
responsible for time, means and manner for performance of the services required of it by
the terms of this Contract. The Subrecipient assumes exclusively., the responsibility for
the acts of its employees as they relate to the services provided during the course and
scope of their employment.
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I. PROCUREMENT
The Subrecipient shall comply with Augusta-Richmond County's current policy
concerning the purchase of equipment and shall maintain an inventory record of all non-
expendable personal property as defined by such policy and as may be procured with
funds provided herein.
20. OTHER PROVISIONS
a. Equal Employment Opportunity
The following provisions (i) and (ii) are applicable to all contracts and
subcontracts; provisions (iii) through (vii) are applicable to all non-exempt
construction contracts and subcontracts which exceed $10,000:
(i) The Subrecipient shall not discriminate against any employee or applicant
for employment because of race, color, creed, religion, sex, age,
handicap, disability, sexual orientation, ancestry, national origin, marital
status, familial status, or any other basis prohibited by applicable law.
The Subrecipient shall take affirmative action to ensure that applicants
are employed and that employees are treated during employment without
regard to their race, color, creed, religion, sex, age, handicap, disability,
sexual orientation, ancestry, or national origin. Such action shall include,
but not be limited to the following: employment, upgrading, demotion or
transfer, recruitment or recruitment advertising, layoff or termination, rates
of payor other forms of compensation, and selection for training including
apprenticeship. The Subrecipient agrees to post in conspicuous places,
available to employees and applicants for employment, notices to be
provided setting forth the provisions of this nondiscrimination clause.
(ii) The Subrecipient will, in all solicitations or advertisements for employees
placed by or on behalf of the Subrecipient, state that all qualified
applicants will receive consideration for employment without regard to
race, creed, religion, sex, age, handicap, disability, sexual orientation,
ancestry, national origin, marital status, or any other basis prohibited by
applicable law.
(iii) The Subrecipient will send to each labor union or representative of
workers with which it has a collective bargaining agreement or other
COritract or understanding, a notice to be provided advising the said labor
union or workers' representatives of the Subrecipient's commitments
under this section, and shall post copies of the notice in conspicuous
places available to employees and applicants for employment.
(iv) The Subrecipient will comply with all provisions of Executive Order 11246,
Equal Employment Opportunity, of September 24, 1965, as amended by
Executive Orders 11375, and 12086, copies of which are on file and
available at the Grantee, and of the rules, regulations, and relevant orders
of the Secretary of Labor.
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(v) The Subrecipient will furnish all information and reports required by
Executive Orders 11246 of September 24, 1965, as amended, and by
rules, regulations, and orders of the Secretary of Labor, or pursuant
thereto, and will permit access to its books, records, and accounts by
HUD and the Secretary of Labor for purposes of investigation to ascertain
compliance with such rules, regulations, and orders.
(vi) In the event of the Subrecipient's noncompliance with the
nondiscrimination clauses of this Contract or with any of the said rules,
regulations, or orders, this Contract may be canceled, terminated, or
suspended in whole or in part and the Subrecipient may be declared
ineligible for further Government, contracts or federally assisted
construction contracts in accordance with procedures authorized in
Executive Order 11246 of September 24, 1965, as amended, and such
other sanctions may be imposed and remedies invoked as provided in
Executive Order 11246 of September 24, 1965, as amended, or as
otherwise provided by law.
(vii)
The Subrecipient will include the portion of the sentence immediately
preceding paragraph (i) and the provisions of paragraphs (i) through (vii)
in every subcontract or purchase order unless exempted by rules,
regulations, or orders of the Secretary of Labor, issued pursuant to
Section 204 of Executive Order 11246 of September 24, 1965, as
amended, so that such provisions will be binding upon each
subcontractor or vendor. The Subrecipient will take such action with
respect to any subcontract or purchase order as HUD may direct as a
means of enforcing such provisions, including sanctions for
noncompliance; provided, however, that in the event a Subrecipient
becomes involved in, or is threatened with, litigation with a subcontractor
or vendor as a result of such direction by HUD, the Subrecipient may
request the United States to enter into such litigation to protect the
interests of the United States.
b. Equal Opportunity in Participation
Under the terms of Section 109 of the Housing and Community Development Act
of 1974, and in conformance with Grantee policy and all requirements imposed
by or pursuant to the Regulations of HUD (24 CFR Part 570.601 and 570.602)
issued pursuant to Section 109, no person in the, United States shall on the
ground of race, color, creed, religion,. sex, age, handicap, disability, sexual
orientation, ancestry, national origin, marital status, familial status, or any other
basis prohibited by applicable law be excluded from participation in, be denied
benefits of, or be subjected to discrimination under any program or activity
funded in whole or in part with Community Development Block Grant Program
funds.
Specific (not exclusive) Discriminatory Actions Prohibited:
The Subrecipient may not directly or through contractual or other arrangements,
on the grounds of race, color, creed, religion, sexual orientation, ancestry,
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national Origin, marital status, familial status, age, handicap, disability, sex or
other basis prohibited by applicable law:
i. Deny any facilities, services, financial aid, or other benefits provided
under the program or activity.
II. Provide any facilities, services, financial aid, or other benefits which are
different, or are provided in a different form from that provided to others
under the program or activity.
iii. Subject to segregated or separate treatment in any facility, or in any other
matter or process related to receipt of any service or benefit under the
program or activity.
IV. Restrict in any way access to, or the enjoyment of any advantage or
privilege enjoyed by others in connection with facilities, services, financial
aid or other benefits under the program or activity.
v. Treat an individual differently from others in determining whether the
individual satisfies any admission, enrollment, eligibility, membership, or
other requirement or condition which the individual must meet in order to
be provided any facilities, services, or other benefit provided under the
program or activity.
vi. Deny any person with the legal right to work an opportunity to participate
in a program or activity as an employee.
c. Business and Employment Opportunities for Lower Income Residents, Women-
Owned Business Enterprises, and Minority-Owned Business Enterprises.
The Subrecipient will use its best efforts to afford minority and women-owned business
enterprises the maximum practicable opportunity to participate in the performance of this
contract. As used in this contract, the term "minority and female business enterprise," means a
business at least fifty-one (51%) owned and controlled by minority group members or women.
For the purpose of this definition, "minority group members" are African-American, Spanish-
speaking, Spanish surnamed or written representations by Subrecipients regarding their status
as minority and female business enterprises in lieu of an independent investigation.
d. SECTION 3 CLAUSE
The Subrecipient will conform with the rules and regulations set forth under Section 3 of the
Housing and Urban Development Act of 1968, (12 USC 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
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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.
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.
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h. Clean Air Act and Federal Water Pollution Control Act (Applicable to Contracts
and Subcontracts which exceed $100,000).
The Subrecipient shall comply with and require each subcontractor to comply with all applicable
standards of the Clean Air Act of 1970 (42 USC 1857 et seq.), as amended, the Clean Air Act of
1990, the Federal Water Pollution Control Act (33 USC 1251 et seq.), as amended, and the
regulations of the Environmental Protection Agency with respect thereto, at 40 CFR Part 15, as
amended from time to time.
I. Provisions of the Hatch Act
Neither the Subrecipient program nor the funds provided therefor, nor the personnel employed
in the administration of the program shall be in any way or to any extent engaged in the conduct
of political activities in contravention of Chapter 15 of Title 5, United States Code.
j. Lead-Based Paint
Any grants or loans made by the Subrecipient for the rehabilitation of residential structures with
assistance provided under this Agreement shall be made subject to the provisions for the
elimination of lead-based paint hazards under 24 CFR Part 35. The Subrecipient, at its sole
cost, will comply with the requirements of 24 CFR 570.608 for notification, inspection, testing,
and abatement procedures concerning lead-based paint. Such regulations require that all
owners, prospective owners, and tenants of properties constructed prior to 1978 be properly
notified that such properties may contain lead-based paint. Such notification shall point out the
hazards of lead-based paint and explain the symptoms, treatment, and precautions that should
be taken when dealing with lead-based paint poisoning.
k. Special Assessments
Subrecipient will not attempt to recover any capital costs of public improvements assisted in
whole or in part with funds provided under Section 106 of the Act or with amounts resulting from
a guarantee under Section 108 of the Act by assessing any amount against properties owned
and occupied by persons of low and moderate income, including any fee charged or
assessment made as a condition of obtaining access to such public improvements, unless:' (1)
funds received under Section 106 of the Act are used to pay the proportion of such fees or
assessment that relates to the capital costs of such public improvements that are financed from
revenue sources other than under Title I of the Act, or (2) for purposes of assessing any amount
against properties owned and occupied by persons of moderate income, the grantee certifies to
the Secretary of HUD that it lacks sufficient funds received under Section 106 of the Act to
comply with the requirements of subparagraph (1).
I. Acquisition, Rehabilitation, and Demolition of Real Property and Displacement of
Persons and Businesses
Subrecipient will comply with the "Grantee's Community Development Block Grant Program
Plan for Minimizing the Displacement of Persons as a result of Community Development Block
Grant Funded Activities" and the Grantee's Community Development Block Grant Program
Residential Anti-displacement and Relocation Assistance Plan." The Subrecipient will conduct
any acquisition, rehabilitation, or demolition, of real property, and any negotiations for
acquisition, rehabilitation, or demoliti()n of real property in compliance with the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, Section
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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 1 04( d) of the Act, and the implementing
regulations at 49 CFR 24 and 24 CFR 570.606. Subrecipient hereby agrees to defend, to pay,
and to indemnify the Grantee from and against any and all claims and liabilities for relocation
benefits or the provision of replacement dwelling units required by federal statutes and
regulations in connection with activities undertaken pursuant to this Agreement.
m. Lobbying. Restrictions
Subrecipient certifies that, to the best of its knowledge and belief:
No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any Federal
Grant, the making of any Federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any Federal contract, grant,
loan, or cooperative agreement;
If any funds other than Federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or employee of a Member of Congress, in
connection with this Federal Contract, grant, loan, or cooperative agreement, it will complete
and submit Standard Form-LLL, "Disclosure Form to Report Lobbying" in accordance with its
instructions; and
It will require that the language of this paragraph M be included in the award documents for all
subawards at all tiers (including subcontractors, subgrants, and contracts under grants, loans,
and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
. This certification is a. material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by Section 1352, Title 31, United States Code.
Any person who fails to file the required certification shall be subject to a civil penalty of not less
than $10,000 and not more than $100,000 for each such failure.
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.
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o.
HISTORIC PRESERVATION
If applicable, the Subrecipient agrees to comply with the Historic Preservation requirements set
for in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the
procedures set forth in CFR, Part 800, Advisory Council of Historic preservation Procedures for
Protection of Historic properties, insofar as they apply to the performance of this contract.
In general, this requires concurrence from the State Historic Preservation Officer for all
rehabilitation and demolition of historic properties that are fifty years old or older or that are
included on a Federal, State, or local historic property list.
21. MISCELLANEOUS
a. This Agreement shall be governed by and construed according to the laws of the
State of Georgia.
b. Time shall be of the essence to this Contract, except where it is herein
specifically provided to the contrary. Subrecipient shall provide the scope of
services in accordance with the schedule set forth in Appendix B.
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IN WITNESS WHEREOF, the parties have set their hands and 8eals as of the date first written
above.
ATTEST:
"
,~
~ ~ H _ _ ...,
ATTEST:
SEAL
,~
/ /(/ ,j -' "i<~:,; .'~ . ;\\
, ' \,' I '" \1.' ,.\ ,--. ~
~<_<_~ '<... J"'-...,( ". " L/L./
"----Rosa Beard
As its Corporate Secretary
(Plain Witness)
~BY.
vi . I CJ
\,:r
By:
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DELTA HOUSE, INC.
Rh[$f-~
Lela Stqne
As its President
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APPENDIX A
Proiect Area
The project is located at the Lucy C. Laney Museum of Black History, 1116 Phillips, Augusta,
Georgia 30906.
APPENDIX B
Goals. Obiectives, and Tasks
The purpose of this program is to continue to provide a Computer Assisted Tutoring and Art
Program for children between the ages of 6 and 12 years old in the Laney Walker
neighborhood. The program will allow children who would not otherwise have the opportunity to
participate to acquire knowledge of computers and art.
Twenty-five (25) low income children will be provided basic tutoring in reading, writing, math,
history and art using computer assisted technology. Classes will consist of ten (10) sessions
per student with instruction being provided weekly from 3:00 p.m. to 6:30 p.m. starting January
1, 2000, through December 31, 2000. A schedule for completion of this activity shall be
submitted to Grantee within 15 days after the execution of this agreement. The schedule shall
be in sufficient detail for Grantee to monitor the performance of this agreement.
CDBG funds will be used to pay for tuition, software, hardware and transportation for the
students. '
For each student, Subrecipient shall maintain attendance records, progress reports, household
income, income verification and application for services.
APPENDIX C
Budqet
Tuition ($75/student x 10 sessions x 25 students)
Software & Hardware
Transportation
Total
$18,750
$ 3,191
$ 1,000
$22,941
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APPENDIX D
Reportinq Requirements
The Subrecipient shall submit to the Grantee the following reports for the term of this
agreement.
1. Monthly Statistical
th
Due each month by the 15 for the previous month.
2. Quarterly Progress Reports
Due April 15, 2000, July 15, 2000, October 15, 2000 and January 15, 2001.
3. Annual Performance Report
4. Audit Report
ATTACHMENTS
1. Community Development Block Grant Entitlement Program 24 CF 570
2. OM B 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
7. CDBG Income Verification
8. Reimbursement Request
9. Monthly Statistical Reports
10. Quarterly Progress Reports
11. Annual Performance Report
12. Trip/Mileage Log
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