HomeMy WebLinkAboutCommunity Development Block Grant Program (14)
Augusta Richmond GA
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14144
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CONTRACT BETWEEN AUGUSTA, GEORGIA
AND
SHILOH COMPREHENSIVE COMMUNITY CENTER, INC.
FOR
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
THIS AGREEMENT, made and entered into on this 7th day of March, 2000, by and between
AUGUSTA, GEORGIA, by and through the Augusta-Richmond County Commission, as the
Implementor of the Community Development Block Grant Program (hereinafter referred to as
"Grantel~"), and SHILOH COMPREHENSIVE COMMUNITY CENTER, 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 Pmgram; and
WHEREAS, the Grantee desires to engage theSubrecipient 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, niEREFORE, the parties hereto do mutually agree as follows:
1. ~;COPE OF SERVICE
The Subrecipient shall perform all the necessary services provided under this Contract in
accordance with and respecting the following project:
"Shiloh Comprehensive Community Center"
As a result of C08G assistance, the Subrecipient shall do, perform, and carry out, in a satisfactory
manner, as determined by the Grantee, the goals, objectives, and tasks set forth in Appendix 8, and
incorporated herein by reference.
2. TERM; TERMINATION
a, The services of the Subrecipient are to commence on March 7, 2000, and shall be
undertaken and completed in such sequence as to assure their expeditious
completion in the light of the purposes of this Contract unless so otherwise specified
in the Contract Section 19 (General Terms and Conditions). This Agreement shall
remain in effect until March 6, 2001, or until this Agreement is otherwise terminated
b, The parties agree that the Grantee may terminate this Contract or any work or
delivery required hereunder, from time to time, either in whole or in part, whenever
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
~ietting forth the effective date of termination.
c.
Either party may terminate this Contact, 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 immediately 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 after notice and a reasonable opportunity to cure:
(1) Fails to file required reports or to meet project progress or completion
deadlines;
(2) Materially fails to comply with any provision of this Agreement (which may
result in suspension or termination in accordance with 24 CFR 85.43 or OMS
Circular A-11 0);
(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
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(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. Ruth B. Crawford, Executive Director
b,. During the period of performance, Subrecipient shall make no substitutes of key
personnel unless the substitution is necessitated by illness, death, or termination of
employment. Subrecipient shall notify the Grantee Director of HND within five (5)
calendar days after the occurrence of any of these events and provide the following
information, providing a detailed explanation of the circumstances necessitating the
proposed substitutions, complete resumes for the proposed substitutes, and any
additional information requested by the Grantee's Director of HND. Proposed
substitutes should have comparable qualifications to those of the persons being
replaced. The Grantee's Director of HND will notify theSubrecipient within fifteen
(15) calendar days after receipt of all required information of the decision on
substitutions. This clause will be modified to reflect any approved changes of key
personnel.
4. PI:RFORMANCE MONITORING
The Grantee will monitor the performance of the Subrecipient against goals and performance
standardB required herein. Substandard performance as determined by the Grantee will constitute
nOh-compliance with this contract.
5. INSPECTION AND ACCEPTANCE
All tasks and reports shall be conducted and completed in accordance with recognized and
customarHy accepted industry practices, and shall be considered completewhen the construction
and services are approved as acceptable by the Grantee in writing. In the event of rejection of any
tasks, re~lorts, 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-clay period. Failure to submit acceptable work within said ten-day period shall constitute
a breach of this contract for which the Subrecipient may be held in default.
6. SE:VERABILlTY
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.
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7. COMPENSATION
The Subrecipient shall be paid a total consideration of $30,000 for full performance of the services
specified under this Agreement. Any cost above this amount shall be the sole responsibility of the
Subrecipient. Subrecipient shall submit monthly requests for payments to the Housing and
Neighborhood Development (HND) Department. Compensation shall be allowed on a
reimburs'3ment basis, only after expenditures have incurred by the Subrecipient and proper
supporting documentation has been submitted in conformity with the approved and executed budget
document which is attached to this Contract. In every case, payment will be made subject to
receipt of a reimbursement request for payment fromthe Subrecipient specifying and certifying that
such expenses have been incurred and expended in conformance with this Contract and that the
Subrecipiient is entitled to receive the amount requested under the terms of this Contract. Clients'
eligibility data shall be included with said reimbursement request.
Payment:; will be made on a monthly basis only with a 30-day turnaround period by Grantee.
Requests for payments must be received by the Grantee not later than the 1 ~ day of each calendar
month for work performed during the preceding calendar month. TheSubrecipient shall not claim
reimbursement from the Grantee for that portion of itsobligations which has been paid by another
source of revenue.
The Subrecipient shall notify the Grantee in writing of all authorized personnel who shall be
empower'3d 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 renulations is incorporated by reference. In addition, the Subrecipient agrees to comply with
other applicable laws, including the National Environmental Policy Act of 1969 (and the
implementing regulations at 24 CFR 58), the National Historic Preservation Act of 1966 as amended
(16 USC 470), Section 504 of the Rehabilitation Act of 1973 (29 use 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 1225n.
Further, any funded activity must be designed or so located as to principally benefit lower income
persons an defined in the' program regulations. TheSubrecipient agrees to maintain documentation
that demonstrates that the activities carried out with funds meets the aforementioned national
objective.
SubrecipiE!nt agrees to comply with the uniform administrative requirements specified at 24 CFR
570.502 and 24 CFR 570.610, including:
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If the Subrecipient is a government agency, OMB Circular A-87, "Principles for Determining Costs
Applicable to Grants and Contracts with State, Local, and Federally Recognized Indian Tribal
Governrnents;" OM B Circular A-128, "Audits of State and Local Governments" (implemented at 24
CFR 44\ and the sections of 24 CFR 85, "Uniform Administrative Requirements for Grants and
Coopercltive Agreements to State and Local Governments," specified at 24 CFR 570.502(a).
If the Subrecipient is not a government agency, OM B Circular A-122, "Cost Principles for Non-Profit
Organizations," or OMB Circular A-21 , "Cost Principles for Educational Institutions," as applicable;
OMB Circular A-133, "Audits of Institutions of Higher Education and Other Non-Profit Institutions,"
and AttaGhments A, B, C, F, H, N, and 0 to OMB Circular A-11 0, as specified at 24 CFR 570.502(b).
Subrecipient is prohibited from using funds provided herein for political activities, sectarian or
religious activities, or lobbying activities.
9. PROGRAM INCOME
Program Income (defined at 24 CFR 570.500 and 570.504) derived from the project is anticipated
to be approximately $0. If applicable, the projected use of the program income shall be determined
by the Crantee before execution of this Contract. The Subrecipient shall report all "monthly"
program income as defined at 24 CFR 570.504 on a quarterly basis. The Subrecipient may use
such income during the contract period for the designated use and shall reduce requests for
additiona.l funds by the amount of any such program income balances on hand. All unused program
income :;hall 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 whetherthe Subrecipient will retain the
said income or said income may revert to the Grantee's Community Development Block Grant
Program, If the Subrecipient is allowed to retain program income, the Director shall designate its
use and the reporting requirements. Any interest earned on cash advances from the U. S. Treasury
is not pmgram income and shall be remitted promptly to the Grantee.
10. REVERSION OF ASSETS
Any real property under the Subrecipient's control acquired or improved in whole or in part with
CDBG funds (including funds provided to the Subrecipient in the form of a loan) in excess of
$25,000 will be used to meet one of the national objectives in 9570.208 until five years after
expiration of this Contract, or for such longer period of time as determined to be appropriate by the
Grantee.
11. INDIRECT COSTS
Indirect CDsts will only be paid ifSubrecipient has an indirect cost allocation plan approved by the
Department of Housing and Urban Development prior to the execution of this Contract.
12. TnAVEL
Subrecipient shall ob'tain prior written approval from the Grantee for any travel outside the
metropoli.tan area with funds provided under this Contract. All Federal Travel Regulations are
applicable (41 CFR Part 301).
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13. INDEMNIFICATION
Subrecipient agrees to indemnify and hold harmless Grantee from any and all claims in any way
related 1:0 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 connectiolllNith 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. For
purpose:; of this section, "Grantee" shall mean and include Augusta, Georgia, Augusta-Richmond
County Commission, and their officers, elected officials, agents, employees, representatives,
successors and assigns.
14. INSURANCE & BONDING
Subrecipient shall carry sufficient insurance coverage to protect contract assets from loss due to
theft, fraud and/or undue physical damage, and as a minimum shall purchase a blanket fidelity bond
covering all employees in an amount equal to cash advances from the Grantee. All policies
providin~1 insurance coverage required to be maintained by Subrecipient hereunder shall list
Grantee, The Augusta-Richmond County Commission and its Mayor, and their officers, agents,
membem, employees and successors as named insureds, as their interests may appear, and shall
be issued by an insurance carrier or carriers licensed to do business in the State of Georgia and
reasonably acceptable to Grantee. All such policies shall provide that no act or omission of Grantee
or its agents, servants, or employees shall in any way invalidate any insurance coverage for the
other named insureds. No insurance policy providing any insurance coverage required to be
provided by Subrecipient hereunder shall be cancelable without at least 15 days advance written
notice to Grantee. All insurance policies required hereunder, or copies thereof, shall be provided
to GrantEle by Subrecipient.
15. GRANTOR RECOGNITION
Subrecipient shall insure recognition of the role of the grantor agency in providing services through
this contract. All activities, facilities and items utilized pursuant to this contract shall be prominently
labeled as to funding source. In addition, the Subrecipient will include a reference to the support
provided herein all publications made possible with funds made available under this contract.
16. OPEN MEETINGS LAW COMPLIANCE
Subrecipient is subject to the Georgia Open Meetings Law if it receives more than 33 1/3% of its
funds from taxpayer sources. Accordingly, the Subrecipient will take the following compliance
measures: it will notify the Augusta 'Chronicle, and the Augusta Focus or the Metro Courier of its
regular board meeting schedule and of any special called meetings .except emergency meetings;
it will post notices of its meetings in a public place at the meeting sites and it will keep a written
agenda, rninutes, 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 deniecl admittance to the Subrecipient's board meetings.
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Subrecipient shall provide to the Grantee a tentative annual schedule of the Board of Directors'
meeting:;. Publications and minutes of each meeting shall be submitted to Grantee within 30 days
after each meeting.
17. Jl\SSIGNMENT
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; AMENDMENT
This Agr,eement is the entire agreement between the parties hereto. No amendment, 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 agreementshall be allowed during the program year.
19. GENERAL TERMS AND CONDITIONS
a. REPORTS
The Subrecipient agrees to submit to Grantee program progress and financial reports and
any other reports that may be specified in Appendix D.
b. CLIENT DATA
Subrecipient agrees to maintain racial, ethnic, gender, head of household, household
income, and household size data showing the extent to which these categories of persons
have participated in, or benefited from the project, and to submit this information to the
(;irantee by March 30, 2001. I
c. RECORDS TO BE MAINTAINED
Subrecipient shall maintain all records required by the federal regulations specified in 24
CFR Part 570.506, and that are pertinent to the activities to be funded under this contract.
Such records shall include but are not limited to the items listed below:
i. Records providing a full description of each activity undertaken;
ii. Records demonstrating that each activity undertaken meets one of the
National Objectives of the CDBG Program;
iii. Records required to determine 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 of 24 CFR
570.
Sll.lbrecipient agrees to keep all necessary books and records, including property, personnel
and financial records, in connection with the operations and services performed under this
A~~reement, and shall document all transactions so that all expenditures may be properly
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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 shall be provided
on request, access to and the right to examine all records, books, papers, or documents
mlated to the project.
e. RETENTION OF RECORDS
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
o'f 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,
bJoks, papers, and documents. The retention period shall start from the date of submission
o'lf 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
TI1e Subrecipient agrees to obtain all necessary permits for intended improvements or
aGtivities.
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 tie~. 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
pE!rformed in connection with the program assisted under this Agreement.
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j, 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,
clnd further that said Subrecipient has authority to enter into this Agreement and that there
clre no restrictions or prohibitions contained in any article of incorporation or bylaw against
E:ntering 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
t\lothing contained in this Agreement is intended to, or shall be construed in any manner to,
create or establish an employer-employee relationship between the parties, nor shall any
employee of the Subrecipient by virtue of this Contract be an employee of the Grantee for
any purpose whatsoever, nor shall any employee of the Subrecipient be entitled to any of
the rights, privileges, or benefits of Grantee employees. The Subrecipient shall be deemed
at all times an independent contractor and shall be wholly responsible for time, means and
manner for performance of the services required of it by the terms of this Contract. The
Subrecipient assumes exclusively the responsibility for the acts of its employees as they
mlate 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
pl3rsonal property as defined by such policy and as may be procured with funds provided
hl3rein.
20. OTHER PROVISIONS
a. Equal Employment Opportunity
The following provisions (i) and (ii) are applicable to all contracts and subcontracts;
provisions (iii) through (vii) are applicable to all non-exempt construction contracts
and subcontracts which exceed $10,000:
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(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 tnat 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.
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(ii) The Subrecipient will, in all solicitations or advertisements for employees
placed by or on behalf of the Subrecipient, state that all qualified applicants
will receive consideration for employment without regard to race, creed,
religion, sex, age, handicap, disability, sexual orientation, ancestry, national
origin, marital status, or any other basis prohibited by applicable law.
(iii) The Subrecipient will send to each labor union or representative of workers
with which it has a collective bargaining agreement or other 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.
(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 Labo'r for purposes of investigation to ascertain compliance with
such rules, regulations, and orders.
(vi) In the event of the Subrecipient's noncompliance with the nondiscrimination
clauses of this Contract or with any of the said rules, regulations, or orders,
this Contract may be canceled, terminated, or suspended in whole or in part
and the Subrecipient may be declared ineligible for further Government
contracts or federally assisted construction contracts in accordance with
procedures authorized in Executive Order 11246 of September 24, 1965, as
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amended, and such other sanctions may be imposed and remedies invoked
as provided in Executive Order 11246 of Septem ber 24, 1965, as amended,
or as otherwise provided by law.
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(vii) The Subrecipient will include the portion of the sentence immediately
preceding paragraph (i) and the provisions of paragraphs 0 through (vii) in
every subcontract or purchase order unless exempted by rules, regulations,
or orders of the Secretary of Labor, issued pursuant to Section 204 of
Executive Order 11246 of September 24, 1965, as amended, so thatsuch
provisions will be binding upon each subcontractor or vendor. The
Subrecipient will take such action with respect to any subcontract or
purchase order as HUD may direct as a means of enforcing such provisions,
including sanctions for noncompliance; provided, however, that in the event
a Subrecipient becomes involved in, or is threatened with, litigation with a
subcontractor or vendor as a result of such direction by HUD, the
Subrecipient may request the United States to enter into such litigation to
protect the interests of the United States.
b. - Equal Opportunity in Participation
Under the terms of Section 109 of the Housing and Community Development Act of
1974, and in conformance with Grantee policy and all requirements imposed by or
pursuant to the Regulations of HUD (24 CFR Part 570.601 and 570.602) issued
pursuant to Section 109, no person in the United States shall on the ground of race,
color, creed, religion, sex, age, handicap, disability, sexual orientation, ancestry,
national origin, marital status, familial status, or any other basis prohibited by
applicable law be excluded from participation in, be denied benefits of, or be
subjected to discrimination under any program or activity funded in whole or in part
with Community Development Block Grant Program funds.
Specific (not exclusive) Discriminatory Actions Prohibited:
The Subrecipient may not directly or through contractual or other arrangements, on
the grounds of race, color, creed, religion, sexual orientation, ancestry, national
origin, marital status, familial status, age, handicap, disability, sex or other basis
prohibited by applicable law:
I. Deny any facilities, services, financial aid, or other benefits provided under
the program or activity.
Hi. 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.
Hi. 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.
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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 Subrecipientwill use its best efforts to afford minority and women-owned business enterprises
the maximum practicable opportunity to participate in the performance of this contract. As used in
this contract, the term "minority and female business enterprise," means a business at least frfty-one
(51%) owned and controlled by minority group members or women. For the purpose of this
definition, "minority group members" are African-American, Spanish-speaking, Spanish surnamed
or written representations by Subrecipients regarding their status as minority and female business
enterpri~~es in lieu of an independent investigation.
d. SECTION 3 CLAUSE
The Subrecipient will conform with the rules and regulations set forth under Section 3 of the
Housing and Urban Development Act of 1968, (12 USC 1701u), as amended, and the HUD
regulations issued pursuant thereto at 24 CFR Part 135. This Act requires that, to the greatest
extent feasible, opportunities for training and employment be given to lower income residents of the
project area, and contracts for work in connection with the project be awarded to business concems
which an~ located in, or owned in substantial part by persons residing in the area of the project. In
all solicitations for bids the contractor must, before signing the contract, provide a preliminary
statement of the work force needs and plans for possible training and employment of lower income
persons. When a Subrecipient utilizes the bidding procedure to let a bid, the invitation or solicitation
for bids shall advise prospective contractors of the requirements of Section 3 of the Housing and
Urban Development Act of 1968, as amended, and the clause shall be inserted as a component part
of any contract or subcontract.
If a Subrecipient solicits or requests an invitation for bids, every effort feasible will be made to
contact minority-owned and women-owned business enterprises for a response to the solicitation
or invitation for bidders.
e, Nondiscrimination in Federally-Assisted Programs
The Subrecipient will comply with Title VI of the Civil Rights Act of 1964 (PL 88-352, 42USC 2000d
et seq.) clnd the Fair Housing Act (42 USC 3601-20). In accordance with Grantee Policy and Title
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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 Btatus, in the sale, lease, or rental, or in the use or occupancy of such land or any
improvements erected or to be erected thereon. TheSubrecipient will comply with Title VII of the
Civil Rights Act of 1968 (PL 90-284) as amended and will administer all programs and activities
related to housing and community development in a manner to affirmatively further Fair Housing.
f. Labor Standards
Except with respect to the rehabilitation of residential property designed for residential use for less
than eight households, the Subrecipient and all subcontractors engaged in contracts in excess of
$2,000 for the construction, completion, rehabilitation, or repair of any building or work financed in
whole or in part with assistance provided under this Agreement are subject to the federal labor
standards provisions which govern the payment of wages and the ratio of apprentices and trainees
to journeyworkers. Under the terms of the Davis-Bacon Act, as amended, the Subrecipient is
required to pay all laborers and mechanics employed on construction work wages at rates not less
than thos,e 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 theSubrecipient 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 theSubrecipient of its obligation, if any, to require payment
of the hig her rates.
g. Flood Disaster Protection
This Agreement is subject to the requirements of the Flood Disaster Protection Act of 1973 (PL93-
234). Use of any assistance provided under this Agreement for acquisition or construction in an
area identified as having special flood hazards shall be subject to the mandatory purchase of flood
insUranCE! with the requirements of Section 102(a) of said Act.
h. Clean Air Act and Federal Water Pollution Control Act (Applicable to Contracts and
Subcontracts which exceed $100,000).
The Subrecipient shall comply with and require each subcontractor to comply with all applicable
standard~i 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
13
political activities in contravention of Chapter 15 of Title 5, United States Code.
J. Lead-Based Paint
Any grants or loans made by the Subrecipient for the rehabilitation of residential structures with
assistance provided under this Agreement shall be made subject to the provisions for the elimination
of lead-based paint hazards under 24 CFR Part 35. TheSubrecipient, at its sole cost, will comply
with the requirements of 24 CFR 570.608 for notification, inspection, testing, and abatement
procedur,es concerning lead-based paint. Such regulations require that all owners, prospective
owners, clnd tenants of properties constructed prior to 1978be 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
guarantel~ under Section 108 of the Act by assessing any amount against properties owned and
occupied by persons of low and moderate income, including any fee charged or assessment made
as a condition of obtaining access to such public improvements, unless: (1) funds received under
Section 106 of the Act are used to pay the proportion of such fees or assessment that relates to the
capital costs of such public improvements that are financed from revenue sources other than under
Title I of the Act, or (2) for purposes of assessing any amount against properties owned and
occupied by persons of moderate income, the grantee certifies to the Secretary of HUD that it lacks
sufficient funds received under Section '106 of the Act to comply with the requirements of
subparagraph (1).
i. Acquisition, Rehabilitation, and Demolition of Real Property and Displacement of
Persons and Businesses
Subrecipient will comply with the "Grantee's Community Development Block Grant Program Plan
for Minimizing the Displacement of Persons as a result of Community Development Block Grant
Funded Activities" and the Grantee's Community Development Block Grant Program Residential
Anti-displacementand Relocation Assistance Plan." The Subrecipient will conduct any acquisition,
rehabilitation, or demolition, of real property, and any negotiations for acquisition, rehabilitation, or
demolition of real property in compliance with the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970, as amended, Section 104(d) of the Act, and the implementing
regulations at 49 CFR 24 and 24 CFR 570.606. Unless specifically permitted in Appendix B or
Appendix C, Subrecipient will not cause either temporary or permanent involuntary displacement
of persons or businesses. If Subrecipient causes the involuntary temporary or permanent
displacement of any person or business as a result of Community Development Block Grant
Activities, it shall comply with the Grantee's "Plan to Assist Persons Actually Displaced by
Community Development Block Grant Activities," and Subrecipient shall provide all notices,
advisory assistance, relocation benefits, and replacement dwelling units as required by the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, Section
104(d) of the Act, and the implementing regulations at 49 CFR 24 and 24 CFR 570.606.
14
Subrecipient hereby agrees to defend, to pay, and to indemnify the Grantee from and against any
and all claims and liabilities for relocation benefits or the provisionof replacement dwelling units
required by federal statutes and regulations in connection with activities undertaken pursuant to this
Agreement.
m. Lobbying Restrictions
Subreci~,ient 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
connectk>n 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,
continua-tion, 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 officel' or employee of Congress, or employee of a Member of Congress, in connection with this
Federal Contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-
LLL, "Disclosure Form to Report Lobbying" in accordance with its instructions; and
It will require that the language of this paragraph M be included in the award documents for all
subawards at all tiers (including subcontractors,subgrants, and contracts under grants, loans, and
cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by Section 1352, Title 31 ,United States Code. Any person
who fails to file the required certification shall be subject toa civil penalty of not less than $10,000
and not more than $100,000 for each such failure.
n. Provisions Required by Law Deemed Inserted
Each ancl 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
The Subf'E~cipient 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.
15
In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation
and demolition of historic properties that are fifty years old or older or that are included on a Federal,
State, or local historic property list.
21. MISCELLANEOUS
1. This Agreement shall be governed by and construed according to the laws of the
State of Georgia.
2. Time shall be of the essence to this Contract, except where it is herein specifically
provided to the contrary. Subrecipient shall provide the scope of services in
accordance with the schedules set forth in Appendix B.
16
"'
IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first written
above.
ATT~T:
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Ch~rk of Commission
~
AUGUSTA. GEORGIA
(Grantee)
ATTEST:
SHILOH COMPREHENSIVE
COMMUNITY CENTER. INC.
(Subrecipient)
SEAL
By: !tuft' 13. ~~
Ruth B. Crawford
As its Executive Director
As its Corporate Secretary
~~(fli/JI~
, (Pial Witness)
17
...
APPENDIX A
Proiect Area
The pro.iect is located at 1633-1637 Fifteenth Street, Augusta, Georgia.
APPENDIX B
Goals. Obiectives. and Tasks
The Shilioh Comprehensive Community Center is a neighborhood facility for predominately senior
citizens. The Center consists of three buildings: Strong Academy, the Girls Dormitory and the Boys
Dormitory. The center is located near four low income public housing complexes: Cherry Tree
Crossinq, Gilbert Manor, Sunset Villa and Jennings Homes. The center provides social,
recreational, educational, nutritional and health needs for senior citizens and youths six (6) days a
week, Monday through Saturday. Activities for seniors include the Wellness Program, Brown Bag
Program, Food Assistant Program, Exercise and Nutrition Program, Golden Lunch Brunch, sewing,
group singing and seminars concerning Physical and Occupational Therapy presented by the
Medical College of Georgia. Also, the center provides shelter for seniors during extreme hot and
cold weather conditions. For youths, the center provides a Saturday tutorial program.
The goal of the Subrecipient is to provide services to approximately 500 lower income persons from
March 7, 2000 through March 6, 2001.
For procurement of furnishings, theSubrecipient shall obtain three (3) written quotes in conformance
with the Augusta-Richmond County Purchasing Policies and Procedures.
APPENDIX C
BudQet
Salary & furnishings
$30,000
APPENDIX D
ReportinQ ReQuirements
The Subrecipient shall submit to the Grantee the following reports for the term of this agreement.
1. Monthly Statistical Reporsts - First due June 15, 2000.
2. Quarterly Progress Reports
Due July 15, 2000, October 15, 2000 and January 15, 2001.
3. Annual Report - due March 30, 2001.
4. Audit Report
18
ATTACHMENTS
1. CDBG Income Verification
2. Reimbursement Request
3. Monthly Statistical Report
4. Quarterly Program Progress
5. Annual Report
6. Time Sheet
19