HomeMy WebLinkAboutCommunity Development Block Grant (2)
Augusta Richmond GA
DOCUMENT NAME: C'.A:xYIXYlLA\I\1tj Oe,'\J~'\NT\T \d,~ ~,(OJ1\-
DOCUMENT TYPE: ~a\\~CA~~
YEAR: 0f1
BOX NUMBER: ~
FILE NUMBER: \ L\ 3L\l
NUMBER OF PAGES: C1...a
"
i
')
~
COpy
CONTRACT BETWEEN AUGUSTA, GEORGIA
AND
CSRA BUSINESS LEAGUE, INC.
FOR
THE 1999 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
-----
THIS AGREEMENT" made and entered into on this 1 st day of January, 1999, by and
between AUGUSTA, GEORGIA, by and through the Augusta-Richmond County
Commission, as the Implementor of the Community Development Block Grant Program
(hereinafter referred to as "Grantee"), and CSRA BUSINESS LEAGUE, INC., (hereinafter
referred to as the "Subrecipient").
WHEREAS; the Grantee has received a Community Development Block Grant from the
United States Department of Housing and Urban Development (HUD) under Title I of the
Housing and Community Development Act of 1974, as amended (42 USC 5301 et seq.)
(the Act); and
WHEREAS, pursuant to such Grant, the Grantee is undertaking certain programs and
services necessary for the planning, implementation and execution of such a Community
Development Block Grant Program; and
WHEREAS, the Grantee desires to engage the Subrecipient to render certain services,
programs, or assistance in connection with such undertakings of the Community
Development Block Grant Program, situated in the Project Area described in Appendix A.
NOW, THEREFORE, the parties hereto do mutually agree as follows:
1. SCOPE OF SERVICE
The Subrecipient shall perform all the necessary services provided under this
Contract in accordance with and respecting the following project:
"CSRA Business League"
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, 1999, 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, 1999,
or until this Agreement is otherwise terminated. However, the obligations
1
~" - ..
i'
i'
i'
of Subrecipient under Section 9 (Program Income) shall continue for any
additional time period during which Subrecipient may receive or remain in
control of program income.
b. The parties agree that the Grantee may terminate this Contract or any work
or delivery required hereunder, from time to time, either in whole or in part,
whenever the Commission, on recommendation from the Director of the
Housing and Neighborhood Development Department (HND), shall
determine that such termination is in the Grantee's best interest.
Termination, in whole or in part, shall be effected by delivery of a Notice of
Termination signed by the Mayor, mailed or delivered to Subrecipient, and
specifically setting forth the effective date of termination.
c. Either party may terminate this Contract, without further obligation, for the
default of the other party or its agents or employees with respect to any
agreement or provision contained herein upon 15 days written notice to the
other party. All reports or accountings provided for herein shall be rendered
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;
2
.. ,,' ... .,
i
t-
(4) I mplements the project prior to notification from the Grantee that the
federal environmental review process has been completed;
(5) Violates Labor Standards requirements; or
(6) Fails to comply with written notice from the Grantee of substandard
performance under the terms of this Agreement.
3. KEY PERSONNEL
a. Subrecipient shall assign to this Contract the following key personnel:
i. Gary T. Bussey, Executive Director
ii. Catherine Maness, Senior Business Consultant
iii. Emmerstine Mackie, Business Consultant
iv. Daphne Freeman, Administrative Assistant
b. During the period of performance, Subrecipientshall 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 Subrecipientwithin 30 days following on-site
monitoring by the Grantee, contract termination procedures will be initiated.
5. INSPECTION AND ACCEPTANCE
All tasks and reports shall be conducted and completed in accordance with recognized and
customarily accepted industry practices, and shall be considered complete when services
are approved as acceptable by the Grantee in writing. In the event of rejection of any tasks,
reports, etc., Subrecipient shall be notified in writing and shall have ten (10) working days
from date of issuance of notification to correct the deficiencies and re-submit acceptable
work within said ten-day period. Failure to submit acceptable work within said ten-day
3
.,
l'
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 Subrecipientshall be paid a total consideration of $57,471.87, for full performance of
the services specified under this Agreement. Any cost above this amount shall be the sole
responsibility of the Subrecipient. Subrecipient shall submit monthly requests for payments
to the Housing and Neighborhood Development (HND) Department. Compensation shall
be allowed on a reimbursement basis, only after expenditures have been incurred by the
Subrecipient and proper supporting documentation has been submitted in cO,nformity with
the approved and executed budget document which is attached to this Contract as
Appendix C, incorporated herein by reference. In every case, payment will be made subject
to receipt of a reimbursement request for payment from the Subrecipient specifying and
certifying that such expenses have been incurred and expended in conformance with this
Contract and that the Subrecipient is entitled to receive the amount requested under the
terms of this Contract. Clients' eligibility data shall be included with said reimbursement
request.
Payments will be made on a monthly basis only with a 30-day turnaround' period by ,
Grantee. Requests for payments must be received by Grantee not later than the 15th day
of each calendar month for work performed during the preceding calendar month. The'
Subrecipient shall not claim reimbursement from the Grantee for that portion of its
obligations which has been paid by another source of revenue.
The Subrecipient shall notify the Grantee in writing of all authorized personnel who shall be
empowered to file requests for payment pursuant to this Agreement.
8. USE OF FUNDS
Use of funds received pursuant to this Agreement shall be in accordance with the
requirements of the Housing and Community Development Act of 1974 (as amended), 24
CFR Part 570 and other regulations governing the Community Development Block Grant
Program, and any amendments or policy revisions thereto which shall become effective
during the term of this Agreement. A copy of said regulations is incorporated by reference.
Any unused funds remaining at the expiration of this agreement shall revert to
Grantee.
In addition, the Subrecipient agrees to comply with other applicable laws, including the
National Environmental Policy Act of 1969 (and the implementing regulations at 24 CFR
4
y-
" - ...,;,.
'i'
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 DiscriminationAct 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.
Said activity is eligible per 24 CFR 570.203(b): the provision of assistance to a private for
profit business.
Subrecipient agrees to comply with the uniform administrative requirements specified at 24
CFR 570.502 and 24 CFR 570.610, including: OMS Circular A-122, "Cost Principles for
Non-Profit Organizations," or OMS Circular A-21 , "Cost Principles for Educational'
Institutions," as applicable; OMS Circular A-133, "Audits of Institutions of Higher Education
and Other Non-Profit Institutions," and Attachments A, S, C, F, H, N, and 0 to OMS 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 shall
be reported on a monthly basis. The Subrecipient may use such income during the '
contract period for the designated use and shall reduce requests for additional funds by the
amount of any such program income balances on hand. All unused program income shall
be reported to the Grantee at the end of the contract period. At that time a determination
will be made by the Director of HND as to whether the Subrecipient will retain the said
income or said income may revert to the Grantee's Community Development Slock Grant
Program. If the Subrecipient is allowed to retain program income" the Director shall
designate its use and the reporting requirements. Any interest earned on cash advances
from the U. S. Treasury is not program income and shall be remitted promptly to the
Grantee.
10. REVERSION OF ASSETS
Any real property under the Subrecipient's control acquired or improved in whole or in part
with CDSG funds (including funds provided to the Subrecipient in the form of a loan) in
excess of $25;000 will be used to meet one of the national objectives in 9570.208 until five
years after expiration of this Contract, or for such longer period of time as determined to be
appropriate by the Grantee.
5
""';" ;.~..~. '.~..;
,.
'j'
11. INDIRECT COSTS
Indirect costs will only be paid if Subrecipient has a indirect cos~ allocation plan approved
by the Department of Housing and Urban Development prior to the execution of this
Contract.
12. TRAVEL
If applicable, Subrecipientshall obtain prior written approval from the Grantee for any travel
outside the metropolitan area with funds provided under this Contract. All Federal Travel
Regulations are applicable (41 CFR Part 301).
13. INDeMNIFICATION
Subrecipient agrees to indemnify and hold harmless Grantee from any and all claims in any
way related to or arising out of Subrecipient's performance of its obligations hereunder '
and/or Subrecipient's failure to perform its obligations hereunder or related to or arising out
of any damage or injury to' property or persons, occurring or allegedly occurring in
connection with Subrecipient's performance or non-performance of its obligations
hereunder. No payment, however, final or otherwise, shall operate to release the
Subrecipient from any obligations under this Contract.
14. INSURANCE & BONDING
Subrecipient shall carry sufficient insurance coverage to protect contract assets from loss '
due to theft, fraud and/or undue physical damage, and as a minimum shall purchase a
blanket fidelity bond covering all employees in an amount eqiJal to cash advances from the '
Grantee. All policies providing insurance coverage required to be maintained by
Subrecipient hereunder shall list Grantee, The Augusta-RichmondCounty Commission and
its Mayor, and their officers, agents, members, employees and successors as named
insureds, as their interests may appear, and shall be issued by an insurance carrier or
carriers licensed to do business in the State of Georgia and reasonably acceptable to
Grantee. All such policies shall provide that no act or omission of Grantee or its agents,
servants, or employees shall in any way invalidate any insurance coverage for the other
named insureds. No insurance policy providing any insurance coverage required to be
provided by Subrecipient hereunder shall be cancelable without at least 15 days advance
written notice to Grantee. All insur;:lnce 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.
6
i"
16. OPEN MEETINGS LAW COMPLIANCE
Subrecipient is subject to the Georgia Open Meetings Law if it receives more than 33%%
of its funds from taxpayer sources. Accordingly, the Subrecipieht will take the following
compliance measures: it will notify the Augusta Chronicle, and the Augusta Focus or the
Metro Courier of its regular board meeting schedule and of any special called meetings
except emergency meetings; it will post notices of its meetings in a public place at the
meeting sites and it will keep a written agenda, minutes, attendance, and voting record for
each meeting and make the same available for inspections by the press, the public and the
Grantee. The press, public and the 'Grantee shall not be denied admittance to the
Subrecipient's board meetings.
Subrecipient shall provide to the Grantee a tentative annual schedule of the Board, of
Directors' meetings. Publications and minutes of each meeting shall be submitted to
Grantee within 30 days after each meeting.
17. ASSIGNMENT
Without the prior written consent of the Grantee, this Agreement is not assignable by the
Subrecipient, either in whole or in part.
18. ENTIRE CONTRACT; ALTERATION
This Agreement is the entire agreement between the parties hereto. No alteration or
variation in the terms of this Agreement shall be valid unless made in writing and signed by
the parties hereto. Only one amendment to said agreement shall be allowed during the '
program year.
19. GENERAL TERMS AND CONDITIONS
a. REPORTS
The Subrecipient agrees to submit to Grantee monthly progress reports on the status on
each business plan and workshop in development, an annual report of accomplishments
during the year and an annual audit report. '
b. CLIENT DATA
Subrecipient agrees to maintain racial,ethnic, gender, head of household, and household
size data showing the extent to which the workshop participants have participated in, or
benefitted from the project, and to submit this information to the Grantee by January 30,
2000. -
c. RECORDS TO BE MAINTAINED
Subrecipient shall maintain all records required by the federal regulations specified in 24
CFR Part 570.506, and that are pertinent to the activities to be funded under this contract.
7
j'
Such records shall include but are not limited to the items listed below:
i. Records providing a full description of each activity undertaken;
ii. Records demonstrating that each act!vity undertaken meets one of the
National Objectives of the CDSG Program;
iii. Records required to determine the eligibility of activities;
iv. Financial records as required by 24 CFR Part 570.502, and OMS Circular
A-133; and
v. Other records necessary to document compliance with Subpart K of 24 CFR
, 570.
Subrecipient agrees to keep all necessary books and records, including property, personnel
and financial records, in connection with the operations and services performed under this
Agreement, and shall document all transactions so that all expenditures may be properly
audited. If the Subrecipient receives $300,000 or more in combined federal assistance, it
agrees to obtain an audit conducted in accordance with OMS Circular A-133. However, if
an audit is not required, the Subrecipient agrees to provide quarterly financial reports to the
Grantee. If Subrecipient do not prepare, financial statements on a monthly or: quarterly
basis, a detailed list of cash receipts and disbursements should be submitted to Grantee
quarterly.
d. ACCESS TO RECORDS
The Subrecipient agrees that the Grantee or any authorized representative has access to '
and the right to examine all records, books, papers, or documents related to the project.
e. RETENTION
The Subrecipient hereby severally warrants that all project records, books, papers, and
documents will be retained for a period of not less than four (4) years after the termination
of all activities funded under this contract, or after the resolution of all Federal audit findings,
whichever occurs later and grants the Grantee the option of retention of the project records,
books, papers, and documents. 'The retention period shall start from the date of submission
of the Grantee's annual performance report, as prescribed in 24 CFR 91.520, in which the
specific activity is reported on for the final time rather than from the date of submission of
the final expenditure report for the award.
, f. PERMITS
The Subrecipient agrees to obtain all necessary permits for intended improvements or
activities.
8
~', ,'f. . . ~.~. . ~-.
g. AFFIRMATIVE ACTION
The Subrecipient, if its program involves housing, agrees to affirmatively further fair
housing.
h. CONFLICT OF INTEREST
, The Subrecipient hereby severally warrants that it will establish and adopt safeguards to
prohibit members, officers, and employees from using positions for a purpose that is or
gives the appearance of being motivated by a desire for private gain for themselves or
others, particularly those with whom they have family, business, or other ties. Further, no
member, officer, or employee of Subrecipient who exercises any functions or
responsibility with respect to the program during his or her tenure or for one year thereafter,
shall have any financial interest, direct or indirect, in any contract or subcontract, or the
proceeds thereof, either for themselves or those with whom they have family or business
ties, for work, to be performed in connection with the program assisted under this
Agreement.
i. . AUTHORIZATION TO EXECUTE AGREEMENT
The undersigned person signing as an officer on behalf of the Subrecipient, a party to this
Agreement, hereby severally warrants and represents that said person has authority to
enter into this Agreement on behalf of said Subrecipient and to bind the same to this
Agreement, and further that said Subrecipient has authority to enter into this Agreement
and that there are no restrictions or prohibitions contained in any article of incorporation or
bylaw against entering into this Agreement.
j. SECTION 504
The Subrecipient hereby certifies that, in the implementation of projects funded by this
Agreement and in all of its other operations, it will comply with all requirements of Section
504 of the Rehabilitation Act of 1973 (29 USC 794) (and the implementing regulations at
24 CFR 8), the Americans with Disabilities Act of 1990 (PL 101-336), and all state and local
laws requiring physical and program accessibility to people with disabilities, and agrees to
defend, hold harmless, and indemnify the Grantee from and against any and all liability for
any noncompliance on the part of the Subrecipient.
k. INDEPENDENT CONTRACTOR
Nothing contained in this Agreement is intended to, or shall be construed in any manner to,
create or establish an employer-employee relationship between the parties, nor shall any
employee of the Subrecipient by virtue of this Contract be an employee of the Grantee for
any purpose whatsoever, nor shall any employee of the Subrecipient be entitled to any of
the rights, privileges, or benefits of Grantee employees. The Subrecipient shall be deemed
at all times an independent contractor and shall be wholly responsible for time, means and
9
.:~::, ,;.,:,:: -~, .
manner for performance of the services required of it by the terms of this Contract. The
Subrecipient assumes exclusively the responsibility for the acts of its employees as they
relate to the services provided during the course and scope of their employment.
I. PROCUREMENT
The Subrecipient shall comply with Augusta-Richmond County's current policy concerning
the purchase of equipment and shall maintain an inventory record of all non-expendable
personal property as defined by such policy and as may be procured with funds provided
herein.
20. OTHER PROVISIONS
a. ~,Equal Employment Opportunity
The following provisions (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:
(i) The Subrecipient shall not discriminate against any employee or applicant
for employment because of race, color, creed, religion, sex, age, handicap,
disability, sexual orientation, ancestry, national origin, marital status, familial'
status, or any other basis prohibited by applicable law. The Subrecipient '
shall take affirmative action to ensure that applicants are employed and that
employees are treated during employment without regard to their race,
color, creed, religion, sex, age, handicap, disability, sexual orientation,
ancestry, or national origin. Such action shall include, but not be limited to
the following: employment, upgrading, demotion or transfer, recruitment or:
recruitment advertising, layoff or termination, rates of payor other forms of
compensation, and selection for training including apprenticeship. The
Subrecipient agrees to post in conspicuous places, available to employees
and applicants for employment, notices to be provided setting forth the
provisions of this nondiscrimination clause.
(ii) The Subrecipient will, in all solicitations or advertisements for employees
placed by or on behalf of the Subrecipient, state that all qualified applicants
will receive consideration for employment, without regard to race, creed,
religion, sex, age, handicap, disability, sexual orientation, ancestry, national
origin, marital status, or any other basis prohibited by applicable law.
(iii) The Subrecipientwillsend 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.
10
-.,..... ....-
(iv) The Subrecipient will comply with all provisions of Executive Order 11246,
Equal Employment Opportunity, of September 24, 1965, as amended by
Executive Orders 11375, and 12086, copies of which are on file and
available at the Grantee, and of the rules, regulations, and relevant orders
of the Secretary of Labor.
(v) The Subrecipient will furnish all information and reports required by
Executive Orders 11246 of September 24, 1965, as amended, and by rules,
regulations, and orders of the Secretary of Labor, or pursuant thereto, and
will permit access to its books, records, and accounts by HUD and the
Secretary of Laborfor purposes of investigation to ascertain compliance with
such rules, regulations, and orders.
(vi) C 'In the event of the Subrecipient's noncompliance with the nondiscrimination
clauses of this Contract or with any of the said rules, regulations, or orders,
this Contract may be canceled, terminated, or suspended in whole or in part
and the Subrecipient may be declared ineligible for further Government
contracts or federally assisted construction contracts in accordance with
procedures authorized in Executive Order 11246 of September 24, 1965, as
amended, and such other sanctions may be imposed and remedies invoked
as provided in Executive Order 11246 of September24, 1965, as amended,
or as otherwise provided by law.
(vii) The Subrecipient will include the portion of the sentence immediately
preceding paragraph (1) and the provisions of paragraphs (1) through (7) in
every subcontract or purchase order unless exempted by rules, regulations,
or orders of the Secretary of Labor, issued pursuant to Section 204 of
Executive Order 11246 of September 24, 1965, as amended, so that such
provisions will be binding upon each subcontractor or vendor. The
Subrecipient will take such action with respect to any subcontract or
purchase order as HUD may direct as a means of enforcing such provisions,
including sanctions for noncompliance; provided, however, that in the event
a Subrecipient becomes involved in, or is threatened with, litigation with a
subcontractor or vendor as a result of such direction by HUD, the
, Subrecipient may request the United States to enter into such litigation to
protect the interests of the United States.
b. Equal Opportunity in Participation
Under the terms of Section 109 of the Housing and Community
Development Act of 1974, and in conformance with Grantee policy and all
requirements imposed by or pursuant to the Regulations of HUD (24 CFR
Part 570.601 and 570.602) issued pursuantto Section 109, no person in the
United States shall on the ground of race, color, creed, religion, sex, age,
handicap, disability, sexual orientation, ancestry, 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
11
.. ..~..-.~i.' .''). .,'~ j. ,'"
discrimination under any program or activity funded in whole or in part with
Community Development Block Grant Program funds.
Specific (not exclusive) Discriminatory Actions Prohibited:
The Subrecipient may not directly or through contractual or other
arrangements, on the grounds of race, color, creed, religion, sexual
orientation, ancestry, national origin, marital status, familial status, age,
handicap, disability, sex or other basis prohibited by applicable law:
i. Deny any facilities, services, financial aid, or other benefits provided
under the program or activity.
ii. Provide any facilities, services, financial aid, or other benefits which
are different, or are provided in a different form from that provided
to others under the program or activity.
iii. Subject to segregated or separate treatment in any facility, or in any
other matter or process related to receipt of any service or benefit
under the program,or activity.
iv. Restrict in any way access to, or the enjoyment of any advantage or
privilege enjoyed by others in connection with facilities, services,
financial aid or other benefits under the program or activity.
v. Treat an individual differently from others in determining whether the '
individual satisfies any admission, enrollment, eligibility,
membership, or other requirement or condition which the individual
must meet in order to be provided any facilities, services, or other
benefit provided under the program or activity.
vi. Deny any person with the legal right to work an opportunity to
participate in a program or activity as an employee.
c. Business and Employment Opportunities for Lower Income Residents,
Women-Owned Business Enterprises, and Minority-Owned Business
Enterprises.
The Subrecipient will use its best efforts to afford minority and women-owned business
enterprises the maximum practicable opportunity to participate in the performance of this
contract. As used in this contract, the term "minority and female business enterprise,"
means a business at least fifty-one (51 %) owned and controlled by minority group members
or women. For the purpose of this definition, "minority group members" are African-
12
. ..:~ '1. "'.'. ~- -..,.
..
American, Spanish-speaking, Spanish surnamed or written representations by
Subrecipients regarding their status as minority and female business enterprises in lieu of
an independent investigation.
d. SECTION 3 CLAUSE
The Subrecipientwill conform with the rules and regulations set forth under Section 3 of the
Housing and Urban DevelopmentAct of 1968, (12 USC 1701 u), as amended, and the HUD
regulations issued pursuant thereto at 24 CFR Part 135. This Act requires that, to the
greatest extent feasible, opportunities for training and employment be given to lower income
residents of the project area, and contracts for work in connection with the project be
awarded to business concerns which are located in, or owned in substantial part by persons
residing in the area of the project. In all solicitations for bids the contractor must, before
signing the contract, provide a preliminary statement of the work force needs and plans for
possible training and employment of lower income persons. When a Subrecipient utilizes
the bidding procedure, to let a bid, the invitation or solicitation for bids shall advise
prospective contractors of the requirements of Section 3 of the Housing and Urban '
Development Act of 1968, as amended, and the clause shall be inserted as a component
part of any contract or subcontract.
If a Subrecipient solicits or requests an invitation for bids, every effort feasible will be made
to contact minority-owned and women-owned business enterprises for a response to the
solicitation or invitation for bidders.
e. Nondiscrimination in Federally-Assisted Programs
The Subrecipientwill comply with Title VI of the Civil Rights Act of 1964 (PL 88-352, 42USC
2000d et seq.) and the Fair Housing Act (42 USC 3601-20). In accordance with Grantee'
Policy and Title VI of the Civil Rights Act of 1964 (PL 88-352), in the sale, lease or other
transfer of land acquired, leased or improved with assistance provided under this
Agreement, the deed or lease for such transfer shall contain a covenant prohibiting
discrimination upon the basis of race, color, creed, religion, sex, handicap, disability, sexual
orientation, ancestry, national origin, marital status, or familial status, in the sale, lease, or
rental, or in the use or occupancy of ,such land or any improvements erected or to be
erected thereon. The Subrecipientwill 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 fin~nced in whole or in part with assistance provided under this
Agreement are subject to the federal labor standards provisions which govern the payment
of wages and the ratio of apprentices and trainees to journeyworkers. Under the terms of
the Davis-Bacon Act, as amended, the Subrecipient is required to pay all laborers and
13
~..;::"4_):"~.;~ ". ,~ .'.:.
. '.,'.,
""::;;
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).c Use of any assistance provided under this Agreement for acquisition or
construction in an area identified as having special flood hazards shall be subject to the
mandatory purchase of flood insurance with the requirements of Section 1 02(a) of said Act.
h. Clean Air Act and Federal Water Pollution Control Act (Applicable to
Contracts and Subcontracts which exceed $100,000).
The Subrecipient shall comply with and require each subcontractor to comply with all
applicable standards of the Clean Air Act of 1970 (42 USC 1857 et seq.), as amended, the.
Clean Air Act of 1990, the Federal Water Pollution Control Act (33 USC 1251 et seq.), as
amended, and the regulations of the Environmental Protection Agency with respect thereto,
at 40 CFR Part 15, as amended from time to time.
i. Provisions of the Hatch Act
Neither the Subrecipient program nor the funds provided therefor, nor the personnel
employed in the administration of the program shall be in any way or to any extent engaged
in the conduct of political activities in contravention of Chapter 15 of Title 5, United States
Code.
j. Lead-Based Paint
Any grants or loans made by the Subrecipient for the rehabilitation of residential structures
with assistance provided under this Agreement shall be made subject to the provisions for
the elimination of lead-based paint hazards under 24 CFR Part 35. The Subrecipient, at
its sole cost, will comply with the requirements of 24 CFR 570.608 for notification,
inspection, testing, and abatement procedures concerning lead-based paint. Such
regulations require that all owners, prospective owners, and tenants of properties
constructed prior to 1978 be properly notified that such properties may contain lead-based
paint. Such notification shall point out the hazards of lead-based paint and explain the
symptoms, treatment, and precautions that should be taken when dealing with lead-based
paint poisoning.
14
.' , '.';:':..~"<..
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 ResidentialAnti-displacementand Relocation Assistance Plan." The Subrecipient
will conduct any acquisition, rehabilitation, or demolition, of real property, and any
negotiations for acquisition, rehabilitation, or demolition of real property in compliance with
the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as
amended, Section 104(d) of the Act, and the implementing regulations at 49 CFR 24 and
24 CFR 570.606. Unless specifically permitted in Appendix B or Appendix C, Subrecipient
will not cause either temporary or permanent involuntary displacement of persons or
businesses. If Subrecipient causes the involuntary temporary or permanent displacement
of any person or business as a result of Community Development Block Grant Activities,
it shall comply with the Grantee's "Plan to Assist Persons Actually Displaced by Community
Development Block Grant Activities," and Subrecipient shall provide all notices, advisory
assistance, relocation benefits, and replacement dwelling units as required by the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended,
Section 104(d) of the Act, and the implementing regulations at 49 CFR 24 and 24 CFR
570.606. Subrecipienthereby 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
15
. .'i ",
. ....
of Congress in connection with the awarding of any Federal contract, the making of any
Federal Grant, the making of any Federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of any
Federal contract, grant, loan, or cooperative agreement;
If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or employee of a Member of,
Congress, in connection with this Federal Contract, grant, loan, or cooperative agreement,
it will complete and subm.it Standard Form-LLL, "Disclosure Form to Report Lobbying" in
accordance with its instructions; and
It will require that the language of this paragraph M be included in the award documents for
all subawardsat all tiers (including subcontractors, subgrants, and contracts under grants,
loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when
this transaction was made or entered into. Submission of this certification is a prerequisite
for making or entering into this transaction imposed by Section 1352, Title 31, United States
Code. Any person who fails to file the required certification shall be subject to a civil penalty,
of not less than $10,000 and not more than $100,000 for each such failure.
n. Provisions Required by Law Deemed Inserted
Each and every provision of law and clause required by law to be inserted in this Contract
,shall be deemed to be inserted herein and the contract shall be read and enforced as
though it were included herein, and if through mistake or otherwise any such provision is
not inserted, or is not correctly inserted, then upon the application of either party the
contract shall forthwith be physically amended to make such insertion or correction.
o. HISTORIC PRESERVATION
If applicable, the Subrecipientagrees 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.
16
.......I,.. : ,~..~ ~._._',-.
21. MISCELLANEOUS
a. This Agreement shall be governed by and construed according to the laws
of the State of Georgia.
b. Time shall be of the essence to this Contract, except where it is herein
specifically provided to the contrary. Subrecipient shall provide the scope
of services in accordance with the schedule set forth in Appendix B.
IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first
written above.
SEAL
4PI By:
~
ATTEST:
4l'-~
"1fth' ~
L a J. Bonner
Clerk of Commission
CSRA BUSINESS LEAGUE. INC.
B ~ er::i~~~
f.: Jl.f R. Calvin Brown
As its President
ATTEST:
As its Corp ra ec tary
~~"~
(Plain Witness
17
APPENDIX A
Proiect Area
The project is located at 1208 Laney-Walker Boulevard, Augusta, Georgia.
APPENDIX B
Goals. Objectives. and Tasks
The CSRA Business League is a 28 year-old long standing pillar in the Historic Laney
Walker District. Through the years, the agency has served a great number of clients that
helped enrich the community. The objective of the agency is to assist current and potential
microenterprises and other small businesses in the areas of business plans, loan
packaging, management and technical assistance.
The Subrecipientwill provide management and technical assistance to potential borrowers
of the Grantee's Economic Development and Recaptured UDAG Loan Programs and
proyide training workshops for start-up and existing business owners. Before candidates
for loans are referred to Subrecipient, Grantee will screen applicants in accordance with the
guidelines set forth for the Economic Development Loan Program and the Recaptured '
UDAG Loan Program.
For management and technical assistance to potential borrowers, Subrecipient shall
prepare business plans and loan packaging. The loan packages shall include, but are not,
limited to the cover letter, executive summary, market analysis, advertising and promotion,
financial data and any other supporting data concerning the applicant and business. A'
more detail description of the information that each business plan shall contain is outlined
in "Attachment I" to this agreement.
For training workshops for start-up and existing business owners, the Subrecipient shall
provide weekly training workshops for the term of this agreement. The purpose of the
workshops is to teach business owners and potentialbusiness owners the different aspects
of starting and managing a business. The curriculum for the training workshops shall
consist of the history of Entrepreneurship, checklist for going into business, types of
business structures and record keeping as outlined in "Attachment II" to this agreement.
CDBG funds will be used to pay for salary at the rate of $20.00 per hour, travel at the
current Federal rate per mile (32.5~), advertisement costs, postage, printing, materials and
supplies.
Time sheets and mileage logs shall be maintained and submitted to Grantee with each pay
request.
18
,..:..,:' r.-..... ,.
'" .
APPENDIX C
Budget
Business Plan Writing & Loan Packaging
Mileage
Workshops
Advertising
Flyers
Resource Materials & Supplies
Total
$38,846.87
400.00
12,000.00
3,000.00
600.00
2,625.00
$57,471.87
APPENDIX D
Reporting Requirements
The Subrecipient shall submit to the Grantee the following reports for the term of this
agreement.
1. Monthly Progress Reports
2. Annual Progress Report
3. Annual Audit Report
19
" ; ~ "~:~l"~ -;; "F -~,
-.
"
ATTACHMENT 1
Business Plan & Loan Packaging Details
20
:.-...-:=....-0:
.~~?{<~~7:~L~~:.:~ :~_~ .~.. . "'~.<' .-~~ "
. '-'i..
-:- t:"
ATTACHMENT 1
Business Plan & Loan Packaging Details
I. Cover Letter
A. Dollar Amount Requested
B. Suggested Terms of Loan
C. Purpose of Loan
D. Start-up or Existing Business
II. Executive Summary
A. Business Description (Company Profile)
B. Business Name
C. Business Location
D. Product(s) and/or Service(s)
E. Business Goals
F.' Number of Low/Mod Income Jobs Created or Retained
G. Sources and Uses Statement
H. Collateral Analysis
II. Market Analysis
A., Description of Market
B. Industry Trend
C. Target Market
D. Competition
IV. Advertising and Promotion
A. Media
B. Promotional Strategies
V. Financial Data
A. Current Personal and Business Financial statements
(Previous three years, if this is an existing business)
B. Financial projections
1. Twelve (12) - Month profit and loss (income) statement
2. Twelve (12) - Month cash flow forecast
3. Balance sheet (as of date of loan)
C. Explanation of Sales Projections
D. Personal and Corporate Income Tax Returns for the past three years for all
principals
E. Credit Report
F. Amortization Schedule
"
... t.' .wt~r..
...
VI. Appendix (Other supporting data)
A. ARCEDLF (Augusta-Richmond County Economic Development Loan Fund) .
application
B. Vendor Quotes on machinery, equipment, fixtures or furniture
C. Sales Contract (real estate purchase)
D. Appraisal on land/building used as collateral or tax assessor's statement on
value (preferably MAlA appraiser)
E. Copy of lease agreement (if premises are leased)
F. Construction bid or contractor's quote on site improvements (if applicable)
G. Copy of Franchise Agreement (if applicable)
H. Copy of Articles on Incorporation (if applicable)
I. Copy of Partnership Agreement (if applicable)
J. Copy of Current Business License
~ >:, ';~
"
"
ATTACHMENT II
Workshop Curriculum
21
-'~ ;
~. .
-,
CSRA Business League, Inc.
Proposal for Management and Technical Assistance
Page 4
Curriculum for Training Workshop
1. Preliminary Activities
A. Sign in and Introductions
B. Two-minute presentation on business ventures
2. Opening Discussion
A. What is an entrepreneur?
B. History of Entrepreneurship
C. Checklist for Going into Business
D. Types of Business Structures
E. Reports and Recordkeeping (daily bookkeeping)
3. Business Plan Writing and Loan Packaging
A. Checklist for Business Plan Writing and Loan Packaging
Business Background
The Market - Market study/strategy worksheet
Advertising and Promotion - advertising and promotion
and competition worksheets
Financial Data
Worksheet for personal financial (net worth) statement
Worksheet for balance sheet
Worksheet for income statement
"How much money do I need?" worksheet
"Where can I get capital?" worksheet
"What laws apply to my business?" worksheet
Other Supporting Data (IRS Tax Returns, leases, etc.)
B. Difference between owner's equity and collateral
C. Five C's of credit (includes how to read your credit report)
'.
,:
",
1?:?-~:~:~:>~::': ~~ ~.;.
: . ':'..:.';.~~;~:.><:r~'.~"~'~"...,
." ~ . .
TRAVEL LOG
"..
Name:'
Subrecipient:
Date Origin of Trip Destination Purpose of Trip , #
Miles
,
- .'
,
,
Total Mileage, ~4'
X
Total Cost
I
en
c
c:T
...,
CD
Q.
'0
CO'
~
-
Z
m
3
CD
~
-..
3
ft)
en
:T'
ft)
ft)
...
m m
m ~ 3
::l S" ~
Q. ::l 0
-. - '<
::l ::l CD
cc cc CD
." "'C Z
CD CD III
:!. :]. 3
o 0 CD
Q. Q. ..
-
I
r---r I j;
-I,
m
::!
, ~
m
I
0
C
:::u
en
,
I
0
C
:::u
en
~-I
-4 aS
0 :::u)>
[ ^r
1- mI
00
c
,:::U
en
I',' I 1,'\ I \'1 I~
-
("')
C
aJ
G')
"lJ
...
o
cc
Dl
3
~
o
...
::l'
CD
...
"lJ
...
o
cc
...
III
3
III
()() z
00 0
CD~ -I
G)"'1J m
::I: c: ..
g~~Q
.... -I Q 3
(f)_~
x 0 (l) '0
::I:;;:;:~;'
o
c: rn
.... III
-< ill
::0 -<
~ 0-
(l) III
II g:
(/) c.
)> 0
s;: ::J
::0 2
-< 3
0-
!!1
o
-
()
o
CD
G)
::l'
o
c::
iil
en
o m c
~. 3 ;
C"l ~...
- 0 c:
o '< ...
.... CD CD
CD !'!
c C
1IJ 1IJ
lD lD
-!. M