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Augusta Richmond GA
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DOCUMENT TYPE: ~OC+
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FILE NUMBER: \ ~ \ l\ 8
NUMBER OF PAGES: ~O
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ORIGINAL
.,.,.
CONTRACT BETWEEN AUGUSTA, GEORGIA
AND
AUGUSTA MINI THEATRE, INC.
YEAR 2001 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
THIS AGREEMENT, made and entered into on this ~ day of Januarv, 2001, 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 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 ~SC 530,1 et seq.) (the Act); and
WHEREAS, pursuant to such Grant, the Grantee is under,taking 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:
"Performing Arts Center Construction"
The purpose of the project is to construct an Arts Center in a low and moderate income
neighborhood for the provision of artistic instruction and activities to low and moderate income
persons. The Subrecipient shall do, perform, and carry out, in a satisfactory manner, as determined
by the Grantee, the goals, objectives, and tasks set forth in Appendix B, and incorporated herein
by reference.
2. TERM; TERMINATION
a. The services of the Subrecipient are to commence on January 1, 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 December 31, 2001, 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
,
I.
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.
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3. KEY PERSONNEL
a. Subrecipient shall assign to this Contract the following key personnel:
(1) Tyrone, J. Butler, Executive Director
(2) Judith Butler, Artistic 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 $64,000 for full performance of the services
specified under this Agreement. Any cost above this amount shall be the sole responsibility of the
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Subrecipient. Subrecipient shall submit monthly requests for payments to the Housing and
Neighborhood Development (HND) Department. Compensation shall be allowed on a
reimbursement basis, only after expenditures have been incurred by the Subrecipient and proper
supporting documentation has been submitted in conformity with the approved and executed
budget document which is attached to this Contract as Appendix C, incorporated herein by
reference. In every case, payment will be made subject to receipt of a reimbursement request for
payment from the Subrecipient specifying and certifying that such expenses have been incurred
and expended in conformance with.this Contract and that the Subrecipient is entitled to receive the
amount requested under the terms of this Contract. Clients' eligibility data shall be included with
said reimbursement request.
Payments will be made on a monthly basis only with a 30-day turnaround period by Grantee.
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Requests for payments must be received by Grantee no~ 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 Gra'nt 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
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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 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 Slock 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 CDSG 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 if Subrecipient has a indirect cost allocation plan approved by the
Department of Housing and Urban Development prior to the e~ecution 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
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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 pre~, 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.
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b. CLIENT DATA
Subrecipient agrees to maintain racial, ethnic, gender, head of household, household
income, and household size data showing the extent to which these categories of persons
have participated in, or benefited from the project, and to submit this information to the
Grantee by January 30, 2002.
c. RECORDS TO SE MAINTAINED
Subrecipient shall maintain all records required by the federal regulations specified in 24
CFR Part 570.506, and that are pertinent to the activities ta be funded under this contract.
Such records shall include but are not limited to th~ 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 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
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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 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
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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.
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 persol7lal 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 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 (HND) Department within seven (7) calendar days after
delivery to the Subrecipient of equipment or personal property in
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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 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 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. r
(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 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,
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 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-CDSG 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
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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 n,on-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.
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(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, terminatep, or suspended in whole or in part
and the Subrecipient may be declarecfineligible 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.
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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, financia, 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.
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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 independe"nt 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 b~ 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
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to journeyworkers. Under the terms of the Davis-Bacon Act, as amended, the Subrecipient is
required to pay all laborers and mechanics employed on construction work wages at rates not less
than those prevailing on similar construction in the locality as determined by the Secretary of Labor,
and shall pay overtime compensation in accordance with and subject to the provisions of the
Contract Work Hours and Safety Standards Act (40 USC 327-332), and the Subrecipient shall
comply with all regulations issued pursuant to these Acts and with other applicable Federal laws
and regulations pertaining to labor standards, including the Copeland "Anti-Kickback" Act.
Provided that if wage rates higher than those required under the regulations are imposed by State
or Local laws, nothing hereunder is intended to relieve the Subrecipient of its obligation, if any, to
require payment of the higher rates.
g. Flood Disaster Protection
This Agreement is subject to the requirements of the Flood Disaster Protection Act of 1973 (PL93-
234). Use of any assistance provided under this Agreement for acquisition or construction in an
area identified as having special flood hazards shall be subject to the mandatory purchase of flood
insurance with the requirements of Section 102(a) of said Act.
h. Clean Air Act and Federal Water Pollution Control Act (Applicable to Contracts and
Subcontracts which exceed $100,000).
The Subrecipient shall comply with and require each subcontractor to comply with all applicable
standards of the Clean Air Act of 1970 (42 USC 1857 et seq.),:.as amended, 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.
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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)llof 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 Subrecipierit 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
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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 ~e inserted in this Contract shall be
deemed to be inserted herein and the contract shall be read and enforced as though it were
included herein, and if through mistake or otherwise any such provision is not inserted, or is not
correctly inserted, then upon the application of either party the contract shall forthwith be physically
amended to make such insertion or correction.
o. HISTORIC PRESERVATION
If applicable, the Subrecipient agrees to comply with the Historic Preservation requirements set for
in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures
set forth in CFR, Part 800, Advisory Council of Historic preservation Procedures for Protection of
Historic properties, insofar as they apply to the performance of this contract.
In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation
and demolition of historic properties that are fifty years old or older or that are included on a
Federal, State, or local historic property list.
21. MISCELLANEOUS
a. This Agreement shall be governed by and construed according to the laws of the
State of Georgia.
b. Time shall be of the essence to this Contract, except where it is herein specifically
provided to the contrary. Subrecipient shall provide the scope of services in
accordance with the schedule set forth in Appendix B.
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IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first written
above.
ATTEST:
. t
I.
,'"
~"'SEAC J
~ . ~~
:::= . ~<
:'~trll~
Clerk~o.f.Commission
'. .
ATTEST:
SEAL
~4~
(Plain Witness)
AUGUSTA. GEORGIA
(Grantee)
.\
AUGUSTA MINI THEATRE. INC.
(Subrecipient)
18
APPENDIX A
Proiect Area
The new facility will be located at 2255 Martin Luther King, Jr. Blvd.
APPENDIX B
Goals. Obiectives. and Tasks
Construction of a new Performing Arts Center facility will be undertaken during Year 2001. The
facility will include four studios (dance, drama, music and art), offiGe space, a multi-purpose room
and a 400-seat theater. Artistic instruction will be provideq to low and moderate income youths,
seniors and the public. Through classroom training, the 'programs will develop artistic skills of
youths, provide an awareness of careers in the arts, build self-esteem,. strengthen character,
develop well-rounded youths and provide youths with a better understanding of their own culture
and others.
For programs offered, the Subrecipient shall maintain records to document clients' income,
attendance, performance evaluation and fees charged.
It is estimated that approximately 8,000 persons will participate in the programs and activities
resulting from this activity. At least 51 % of participants shall-be lower income according to the
standards of the U.S. Department of Housing and Urban Development.
CDBG funds will be used to pay for the purchase of 400 seats for the theater. Other funding
resources to include private and 1% Sales Tax. The total project cost is anticipated to exceed $1
million. Construction is scheduled to begin early spring 2001 with completion within eighteen (18)
months.
Subrecipient shall submit to Grantee a schedule for completion of construction work within 15 days
after execution of this agreement.
APPENDIX C
Budaet
Seats for Facility
$64,000
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APPENDIX D
ReoortinQ 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 Report - January 30, 2002.
4. Audit Report (Due 30 days after completion of audit).
5. Use of Facility Certification - Annually for frVe (5) years
ATTACHMENT #1
Reaulations. Circulars & Local Procurement Policy
1. Community Development Block Grant Entitlem~nt 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
ATTACHMENT #2
Forms
· Reimbursement Request
· Monthly Statistical Report
· Quarterly Report
· AnnualReport
· Use of Facility
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