HomeMy WebLinkAboutAugusta Task Force For The Homeless,Inc.
Augusta Richmond GA
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CONTRACT BETWEEN AUGUSTA, GEORGIA
AND
AUGUSTA. TASK FORCE FOR THE HOMELESS, INC.
FOR
THE 1998 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
THIS AGREEMENT, made and entered into on this ~ day of January, 1998,
by and between AUGUSTA, GEORGIA, by and through the Augusta-Richmond
County Commission, as the Implementor of the Community Development Block
Grant Program (hereinafter referred to as "Grantee"), and the AUGUSTA TASK
FORCE FOR THE HOMELESS, 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 (BUD) under
Title I of the Housing and Community Development Act of 1974, as amended (42
USC 5301 et seq.) (the Act); and
WHEREAS, pursuant to such Grant, the Grantee is undertaking certain programs and
services necessary for the planning, implementation and execution of such a
Community Development Block. Grant Program; and
WHEREAS, the Grantee desires to engage the Subrecipient to render certain services,
programs, or assistance in connection with such undertakings of the Community
Development Block Grant Program, situated in the Project Area described in
Appendix A.
NOW, THEREFORE, the parties hereto do mutually agree as follows:
1. SCOPE OF SERVICE
The Subrecipient shall perform all the necessary services provided under this
Contract in accordance with and respecting the following project:
"Comprehensive Homeless Service Program"
A Homeless Coordinator will be employed to provide outreach planning, data
collection' and community education on the issues of homelessness and homeless
prevention.
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The Subrecipient shall do, perform, and carry out, in a satisfactory manner, as
determined by the G:rantee, the goals, objectives, and tasks set forth in Appendix B,
and incorporated herein by reference.
2. TERMS; TERMINATION
a. The services of the Sub recipient are to commence on January 1 ~ 1998~
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, 1998, or until this Agreement is otherwise terminated.
b. The parties agree .that the Grantee may terminate this Contract or any
work or delivery required hereunder, from time to time, either in whole
or in part, whenever the Commission, on recommendation from the
Director of the Housing and Neighborhood Development Department
(HND), shall determine that such termination is in the Grantee's best
interest. Termination, in whole or in part, shall be effected by delivery
of a Notice of Termination signed by the Mayor, mailed or delivered to
Subrecipient, and specifically setting forth the effective date of
termination.
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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;
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2) Notification by HUD to the Grantee that said project is deficient
and:.that continued support of the project is not provi~ng 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 Sub recipient:
(l) Fails to file required reports or to meet project progress or
completion deadlines;
(2) Materially fails to comply with any provision of this Agreement
(which may result in suspension or termination in accordance with
24 CFR 85.43 or OMB Circular A-lID. [Attachment #l(b & e)];
(3) Expends funds under this Agreement for ineligible activities,
. services, or items;
(4) Implements the project prior to notification from the Grantee that
the federal environmental review process has been completed;
(5) Violates Labor Standards requirements; or
(6) Fails to comply with written notice from the Grantee of
substandard performance under the terms of this Agreement.
3. KEY PERSONNEL
a. Sub recipient shall assign to this Contract the following key personnel:
1. Gary Billingsley; President
11. Richard Colclough, Vice President
ill. Lynda Suarez, Secretary
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b.
During the period of performance, Subrecipient shall make no substitutes
of key personnel unless the substitution is necessitated by illness, death,
or termln.ition of employment. Subrecipient shall notify the Grantee
Director ofHND 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., Sub recipient 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 witJ:in said ten-day period shall constitute a breach of this contract for which the
Subrecipient may be held in default.
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6. SEVERABILITY
If any term or condition of this Agreement is found by a court of competent
jurisdiction to be void or invalid, such invalidity shall not affect the remaining terms
and conditions of this Agreement, which shall continue in full force and effect.
7. COMPENSATION
The Subrecipient shall be paid a total consideration of $ 36~600 for full performance
of the services specified under .this Agreement. Any cost above this amount shall be
the sole responsibility of the Sub recipient. 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 Sub recipient and proper supporting documentation has been
submitted in conformity with the approved and executed budget document which is
attached to this Contract as AppendLx C, incorporated herein by reference. In every
case, payment will be made subject to receipt of a reimbursement request for paymeht
from the Subrecipient specifying and certifying that such expenses have been incurred
and expended in conformance with this.Contract and that the Sub recipient is entitled
to receive the amount requested under the terms of this Contract.
Payments will be made on a monthly basis only with a 30-day turnaround period by
Grantee. Requests for payments must be received by Grantee not later than the 15th
day of each calendar month for work performed during the preceding calendar month.
The Subrecipient shall not claim reimbursement from the Grantee for that portion of
its obligations which has been paid by another source of revenue.
The Sub recipient shall notify the Grantee in writing of all authorized personnel who
shall be empowered to file requests for payment pursuant to this Agreement.
8. USE OF FUNDS
Use of funds received pursuant to this Agreement shall be in accordance with the
requirements of the Housing and Community Development Act of 1974 (as amended),
24 CFR Part 570 and other regulations governing the Community Development Block
Grant Program, and any amendments or policy revisions thereto which shall become
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effective during the term of this Agreement. A copy of said regulations is incorporated
by reference. In addition, the Subrec;ipient agrees to comply with other applicable
laws, including the Natiohal 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 as defmed in the program regulations. The Subrecipient agrees
to maintain documentation that demonstrates that the activities carried out with funds
meets one the aforementioned national objective.
Subrecipient agrees to comply with the uniform administrative requirements specified
at 24 CFR 570.502 and 24 CFR 570.610, including:
If the Sub recipient 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 Governme~ts" (implemented at 24 CFR 44); and the sections of 24
CFR 85, "Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments," specified at 24 CFR 570.502(a).
!fthe Subrecipient is not a government agency, OMB Circular A-122, "Cost Principles
for Non-Profit Organizations," or OMB Circular A-21, "Cost Principles for
Educational Institutions," as applicable; 0 MB Circular A-133, "Audits of Institutions
of Higher Education and Other Non-Profit Institutions," and Attachments A, B, C,
F, H, N, and 0 to OMB Circular A-110, as specified at 24 CFR 570.502(b).
Subrecipient is prohibited from using funds provided herein for political activities,
sectarian or religious activities, or lobbying activities.
9. PROGRAM INCOME
Program Income (defined at 24 CFR 570.500 and 570.504) derived from the project
is anticipated to be approximately $0.
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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 Sub recipient in the form of
a loan) in excess of $25,000 will be used to meet one of the national objectives in
~5 70.208 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 Depa~ent of Housing and Urban Development prior to the
execution of this Contract.
12. TRAVEL
Subrecipient shall obtain prior written approval from the Grantee for any travel
outside the metropolitan area with funds provided under this Contract. All Federal
Travel Regulations are applicable (41 CFR Part 301).
13. INDEMNIFICATION
Subrecipient agrees to indemnify and hold harmless Grantee from any and all claims
in any way related to or arising. out of Subrecipient's performance of its obligations
hereunder and/ or Subrecipient's failure to perform its obligations hereunder or related
to or arising out of any damage or injury to property or persons, occurring or allegedly
occurring in connection with Subrecipieqt'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
Sub recipient 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
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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 Subrecipien~ 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
Sub recipient 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%0/0 of its funds from ta"'Cpayer sources. Accordingly, the Sub recipient will take the
following compliance measures: it will notify the Augusta Chronicle, and the Augusta
Focus or the Metro Courier of its regular board meeting schedule and of any special
called meetings except emergency meetings; it will post notices of its meetings in a
public place at the meeting sites and it will keep a written agenda, minutes, attendance,
and voting record for each meeting and make the same available for inspections by the
press, the public and the Grantee. The press, public and the Grantee shall not be
denied admittance to the Subrecipient's l;>oard 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.
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18. ENTIRE CONTRACT; ALTERATION
This Agreement is th~entire agreement between the parties hereto. No alteration or
variation in the terms '.of this Agreement shall be valid unless made in writing and
signed by the parties hereto.
19. GENERAL TERMS AND CONDITIONS
A. REPORTS
The Subrecipient agrees to submit to Grantee program progress and financial
reports and any other reports that may be specified in Appendix D.
B. CLIENT DATA
Subrecipient agrees to maintain racial, ethnic, gender, head of household,
household income, and household size data showing the extent to which these
categories of persons have participated in, or benefitted from the project, and
to submit this information to the Grantee within 30 days after December 31,
1998.
C. RECORDS TO BE MAINTAINED
Subrecipient shall maintain all records required by the federal regulations
specified in 24 CFR Part 570.506, and that are pertinent to the activities to be
funded under this contract. Such records shall include but are not limited to the
items listed below:
1. Records providing a full description of each activity undertaken;
11. Records demonstrating that each activity undertaken meets one of
the National Objectives of the CDBG Program;
lll. Records required to deterrrtine the eligibility of activities;
IV. Financial records as required by 24 CFR Part 570.502, and OMB
Circular A-133; and
v. Other records necessary to document compliance with Subpart K
of24 CFR 570.
Subrecipient agrees to keep all necessary books and records, including property,
personnel and financial records, in connection with the operations and services
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performed under this Agreement, and shall docUIrlcnt all transactions so that all
expenditures IT.Iay be properly audited. If the Subrecipient receives $300,000
or more in combmed federal assistance, it agrees to obtain an audit conducted
in accordance with OMB Circular A-133. However, if an audit is not required,
the Sub recipient agrees to provide quarterly financial reports to Grantee. If
Subrecipient do not prepare fmancial 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 Sub recipient 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 Sub recipient 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 fmal 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
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The Subrecipient hereby severally warrants that it will establish and adopt
safeguards to p~o.hibit members, officers, and employees from using positions for
a purpose that is. or gives the appearance of being motivated by a desire for
private gain for themselves or others, particularly those with whom they have
family, business, or other ties. Further, no member, officer, or employee of
Subrecipient who exercises any functions or responsibility with respect to the
program during his or her tenure or for one year thereafter, shall have any
financial interest, direct or indirect, in any contract or subcontract, or the
proceeds thereof, either for themselves or those with whom they have family or
business ties, for work to be performed in connection with the program assisted
under this Agreement.
I. AUTHORIZATION TO EXECUTE AGREEMENT
The undersigned person signing as an officer on behalf of the Subrecipient, a
party to this Agreement, hereby severally warrants and represents that said
person has authority to enter into this Agreement on behalf of said Subrecipient
and to bind the same to this Agreement, and further that said Sub recipient 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 CPR 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
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an employee of the Grantee for any purpose whatsoever, nor shall any
employee of ~~ Subrecipient be entitled to any of the rights, privileges, or
benefits of Grantee employees. The Sub recipient shall be deemed at all times
an independent contractor and shall be wholly responsible for time, means and
manner for performance of the services required of it by the terms of this
Contract. The Subrecipient assumes exclusively the responsibility for the acts
of its employees as they relate to the services provided during the course and
scope of their employment.
L. PROCUREMENT
The Subrecipient shall comply with Augusta-Richmond County's current policy
concerning the purchase of equipment and shall maintain an inventory record
of all non-expendable personal property as defined by such policy and as may
be procured with funds provided herein.
20. OTHER PROVISIONS
A. Equal Employment Opportunity
The following provisions (1) and (2) are applicable to all contracts and
subcontracts; provisions (3) through (7) are applicable to all non-exempt
construction contracts and subcontracts which exceed $10,000:
(1) The Subrecipient shall not discriminate against any employee or
applicant for employment because of race, color, creed, religion,
sex, age, handicap, disability, sexual orientation, ancestry, national
origin, marital status, familial status, or any other basis prohibited
by applicable law. The Subrecipient shall take affim'1ative 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 Sub recipient
agrees to post in conspicuous places, available to employees and
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applicants for employment, notices to be provided setting forth the
p_~o:jsions of this nondiscrimination clause.
(2) The Subrecipient will, in all solicitations or advertisements for
employees placed by or on behalf of the Subrecipient, state that all
qualified applicants will receive consideration for employment
without regard to race, creed, religion, sex, age, handicap,
disability, sexual orientation, ancestry, national origin, marital
status, or any other basis prohibited by applicable law.
(3) The Sub recipient 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
nondiscrimiriation 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
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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 9f 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 Sub recipient 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 ofHUD (24
CFR Part 570.601 and 570.602) issued pursuant to Section 109, no
person in the United States shall on the ground of race, color, creed,
religion, sex, age, handicap, disability, sexual orientation, ancestry,
national origin, marital status, familial status, or any other basis
prohibited by applicable law be excluded from participation in, be denied
benefits of, or be subjected to discrimination under any program or
activity funded in whole or in part with Community Development Block
Grant Program funds.
Specific (not exclusive) Discriminatory Ac~ons Prohibited:
The Subrecipient may not directly or through contractual or other
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arrangements, on the grounds of race, color, creed, religion, sexual
orientation~. ancestry, national origin, marital status, familial status, age,
handicap, disability, sex or other basis prohibited by applicable law:
a. Deny any facilities, services, fmancial aid, or other benefits
provided under the program or activity.
b. 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.
c. Subject to segregated or separate treatment in any facility, or in
any other matter or process related to receipt of any service or
benefit under the program or activity.
d. Restrict in any way access 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.
e. Treat an individual differently from others in determining whether
the individual satisfies any admission, enrollment, eligibility,
membership, or other requirement or condition which the
individual must meet in order to be provided any facilities,
services, or other benefit provided under the program or activity.
f. Deny any person with the legal right to work an opportunity to
participate in a program or activity as an employee.
C. Business and Employment Opportunities for Lower Income Residents,
Women-Owned Business Enterprises, and Minority-Owned Business
Enterprises.
The Subrecipient will use its best efforts to afford minority and women-owned business
enterprises the maximum practicable opportunity to participate in the performance of
this contract. As used in this contract, the term "minority and female business
enterprise," means a business at least fifty-one (510/0) owned and controlled by minority
group members or women. For the purpose of this definition, "minority group
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members" are African-American, Spanish-speaking, Spanish surnamed or written
representations by SUl:>r~cipients regarding their status as minority and female business
enterprises in lieu of~m'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 l70lu), 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 Sub recipient 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 ~nd 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 ~scrimination 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 Sub recipient will comply
with Title VII of the Civil Rights Act of 1968 (pL 90-284) as amended and will
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administer all programs and activities related to housing and community development
in a manner to affi~a~:ively 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 sta~dards 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 overtirm~ 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 Sub recipient of its obligation, if any, to require
payment of the higher rates.
G. Flood. Disaster Protection
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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 l02(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
17
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.
1. 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 Sub recipient for the rehabilitation of residential
structures with assistance provided under this Agreement shall be made subject to the
provisions for the elimination oflead-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 fmanced from revenue sources other
than under Title I of the Act, or (2) for purposes of assessing any amount against
properties owned and occupied by persons of moderate income, the grantee certifies
to the Secretary ofHUD that.it lacks sufficient funds received under Section 106 of the
Act to comply with the requirements of subparagraph (1).
18
L. Acquisition, Rehabilitation, and Demolition of Real Property and
Displac:rn~nt of Persons and Businesses
Sub recipient will comply with the "Grantee's Community Development Block Grant
Program Plan for NIinimizing the Displacement of Persons as a result of Community
Development Block Grant Funded Activities" and the Grantee's Community
Development Block Grant Program Residential Anti-displacement and Relocation
Assistance Plan." The Subrecipient will conduct any acquisition, rehabilitation, or
demolition, of real property, and any negotiations for acquisition, rehabilitation, or
demolition of real property in compliance with the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970, as amended, Section 1 04( d) of the Act,
and the implementing regulations at 49 CFR 24 and 24 CFR 570.606. Unless
specifically penrutted in Appendi.x B or Appendix C, Subrecipient will not cause
either temporary or permanent involuntary displacement of persons or businesses. If
Subrecipient causes the involuntary temporary or permanent displacement of any
person or business as a result of Community Development Block Grant Activities, it
shall comply with the Grantee's "Plan to Assist Persons Actually Displaced by
Community Development Block Grant Activities," and Subrecipient shall provide all
notices, advisory assistance, relocation benefits, and replacement .dwelling units as
required by the Uniform Relocation Assistance and Real Property Acquisition Policies
Act of 1970, as amended, Section 104(d) of the Act, and the implementing regulations
at 49 CFR 24 and 24 CFR 570.606. Subrecipient hereby agrees to defend, to pay,
and to indemnify the Grantee from and against any and all claims and liabilities for
relocation benefits or the provision of replacement dwelling units required by federal
statutes and regulations in connection with activities undertaken pursuant to this
Agreement.
M. Lobbying Restrictions
Subrecipient certifies that, to the best of its knowledge and belief:
No Federal appropriated funds have been paid or will be paid, by or on behalf of it,
to any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee
of a Member of Congress in connection with the awarding of any Federal contract, the
making of any Federal Grant, the maki11g 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;
19
If any funds other than Federai appropriated funds have been paid or will be paid to
any person for influe~cing 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 repr~sentation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by Section 1352, Title
31, United States Code. Any person who fails to file the required certification shall be
subject to a civil penalty of not less than $10,000 and not more than $100,000 for each
such failure.
N. Provisions Required by Law Deemed Inserted
Each and every provision of law and clause required by law to be inserted in this
Contract shall be deemed to be inserted herein and the contract shall be read and
enforced as though it were included herein, and if through mistake or otherwise any
such provision is not inserted, or is not correctly inserted, then upon the application
of either party the contract shall forthwith be physically amended to make such
insertion. or correction.
O. HISTORIC PRESERVATION
If applicable, the Subrecipient agrees to comply with the Historic Preservation
requirements set for in the National Historic Preservation Act of 1966, as amended (16
U.S.C. 470) and the procedures set forth in CFR, Part 800, Advisory Council of
Historic preservation Procedures for Protection of Historic properties, insofar as they
apply to the performance of this contract..
In general, this requires concurrence from the State Historic Preservation Officer for
all rehabilitation and demolition of historic properties that are fifty years old or older
or that are included on a Federal, ~tate, or local historic property list.
20
21. MISCELLANEOUS
A. This Agreement shall be governed by and construed according to the
laws of the State of Georgia.
B. Time shall be of the essence to this Contract, except where it is herein
specifically provided to the contrary. Subrecipient shall provide .the scope
of services in accordance with the schedules set forth in Appendix B.
IN WITNESS VVHEREOF, the parties have set their hands and seals as of the date
first written above.
ATIEST:
SEAL
Thla document IIlIllond as
~~~e~ %~~ q
orney Dele
~'t!~
Clerk of Commission
ATIEST: .
SEAL
AUGUSTA TASK FORCE
FOR THE HOMELESS, INC.
(Subrecipient)
By: ci~~
As its President
q~~:rez~~
As its Corporate Secretary
(plain Witness)
21
APPENDIX A
Project Area
The project location is 1384 Greene Street, Augusta, Georgia. The area to be served is
Augusta-Richmond County.
APPENDIX B
Goals, Objectives, and Tasks
The Augusta Task Force for the Homeless provides advocacy for the homeless and acts as
a coordinating body for the homeless service providers in Augusta-Richmond County. In
the area of supportive services, the objective is to expand the ability of existing agencies and
organizations to serve the homeless, near homeless and those with special needs.
The Task Force is presently comprised of thirty-one (31) agency members and numerous
community support organizations. All members are dedicated to ending homelessness by
offering counseling, training and programs to assist persons in becoming self-sufficient
members of society. Also, The Task Force has developed a Continuum of Care to evaluate
what services are available to homeless men, women and children. The goal is to assess what
gaps in services are not being met to serve those in need and to start programs to fill this
need.
CDBG funds will be used for the hiring of a full time Homeless Coordinator, equipment and
administrative support. The Homeless Coordinator will be responsible for collecting data
from homeless service agencies and other sources on the number of homeless persons served
and not served in the Augusta CSRA, type of services provided; write grant proposals,
identify unserved populations and provide assessment, evaluation and referrals, educate the
public by disseminating information on the problems and solutions of homelessness to the
general public, access volunteer needs in homeless service agencies and make appropriate
referrals.
The Subrecipient shall advertise the Coordinator's position in the Augusta Chronicle and
at least one minority newspaper. The Subtecipient shall provide to Grantee for review all .
applications for the Coordinator's position. Under no conditions shall the Subrecipient fill
the vacancy without prior written consent of Grantee.
Funding provided shall be used for the period beginning January I, 1998 and ending
December 31, 1998. 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.
22
Responsibilities of Subrecipient
1. Provide services as stated in this Contract.
2. Read all regulations attached herein to this Contract.
3. Maintain socio-economic data on clients and insure that 51 % of persons served are
low and moderate income persons.
4. Request reimbursement of expenditures for items allowed per budget.
5. Carry out activity in a timely manner.
Responsibilities of Grantee:
1. Provide Technical Assistance to assist Subrecipient in complying with applicable laws
. and regulations.
2. Monitor Subrecipient to determine it the activity is being carried out as described in
this Contract. (Monitoring shall consist of site visits and review of records).
APPENDIX C
Budget
Salary: Homeless Coordinator
(Including Taxes & Insurance)
Salary: Administrative Support
Equipment: Computer & Accessories
Total Budget
$28,080
5,850
2,670
$36,600
APPENDIX D
Reporting Requirements
The Subrecipient shall submit to the Grantee the following reports for the term of this
agreement:
1. Quarterly Program Progress and Financial Reports or a Detailed List of
Cash Receipts and Cash Disbursements.
2. Annual Program Progress Report and Financial Report or Detailed List
of Cash Receipts and Cash Disbursements or Audit Report, if applicable.
3. Use of Equipment for five(5) years after the expiration of this agreement.
23
APPENDIX E
Reports' Schedule
1. Quarterly Program Progress and Financial Reports Due:
1st April 15, 1998
2nd July 15, 1998
3rd October 15, 1998
4th January 15, 1999
For Reporting Period:
January 1, 1998 - March 30, 1998
April 1, 1998 - June 30, 1998
July 1, 1998 - September 30, 1998
October 1, 1998 - December 31, 1998
2. Annual Program & Financial Reports and Use of Equipment:
For Reporting Period:
1st January 30, 1999
2nd January 30, 2000
3rd January 30, 2001
4th January 30, 2002
5th January 30, 2003
January 1, 1998 through December 31, 1998
January 1, 1999 through December 31, 1999
January 1, 2000 through December 31, 2000
January 1, 2001 through December 3 1, 2001
January 1, 2002 through December 31, 2002
3. Audit Report shall be due within 30 days upon completion of audit.
24
.,
.'
KITACHMENT #1
RegUhltions~ Circulars & Local Procurement Policy
a. Community pevelopment Block Grant Entitlement Program 24 CF 570
b. 24 CFR 85 "Uniform Administrative Requirements for Grants and
Cooperative Agreements to State and Local Government," specified at
24 CFR 570.502 (a)
c. OMB Circular A-122
"Cost Principles for Non-Profit Organizations," or
d. OMB Circular A-2l
"Cost Principles for Educational Institutions"
e. OMB Circular A-lIO; Attachments A, B, C, F, H, N, and O.
"Grants and Agreements with Institutions of Higher Education,
Hospitals, & Other Non-Profit Organizations"
[ OMB Circular A-133, "Audits of Institutions of Higher Education and
Other Non-Profit Institutions"
g. Augusta-Richmond County Procurement Policy
ATTACHMENT #2
Forms
a. CDBG Income Verification
b. Inventory Log
c. Reimbursement Request
d. Reports: Quarterly Program Progress
e. Reports: Annual Program Progress
f. Time Sheet
.
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