HomeMy WebLinkAboutCommunity Development Block Grant Program (2)
Augusta Richmond GA
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DOCUMENT TYPE: lo~Qt..-+
YEAR:~O
BOX NUMBER: I 0
F~E NUMBER: \ 41 q (p
NUMBER OF PAGES: 1-9
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CONTRACT BETWEEN AUGUST A, GEORGIA
AND
ART FACTORY, 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
"Grantee"), and ART FACTORY, INC., (hereinafter referred to as the "Subrecipient").
WHEREAS, the Grantee has received a Community Development Block Grant from the United
States Dl~partment 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. SICOPE OF SERVICE
. The Subrecipient shall perform all the necessary services provided under this Contract in
accordance with and respecting the Art Factory's In House Program(s) which provide life skills
development through artistic educational training to low and moderate income youths. The
Subrecipient will carry out year round in house programs and activities which explore arts and
cultures of various world communities.
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 referel1ce.
2. n:RM; 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.
However, the obligations 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
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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 OMB
Circular A-11 O.
(3) Expends funds under this Agreement for ineligible activities, services, or
items;
(4) Implements the project priorto notification from the Grantee that the federal
environmental review process has been completed;
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(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. Betty L. Jones, 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 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. PIERFORMANCE MONITORING
The Grantee will monitor the performance of the Subrecipient against goals and performance
standard:; 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
procedun3s will be initiated.
5. INISPECTION AND ACCEPTANCE
All tasks and reports shall be conducted and completed in accordance with recognized and
customarily accepted industry' practices, and shall be considered complete when services are
approved as acceptable by the Grantee in writing. In the event of rejection of any tasks, reports,
etc., Sub:recipient shall be notified in writing and shall have ten (10) working days from date of
issuance of notification to correct the deficiencies and re-submit acceptable work within said ten-day
period. Failure to submit acceptable work within said ten-day periodshall 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
Agree!ment, which shall continue in full force and effect.
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7. COMPENSATION
The Subrecipient shall be paid a total consideration of $20,000.00 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 all'Dwed on a reimbursement basis, only after expenditures have been incurred by the
Subr€!cipient and proper supporting documentation has been submitted in conformity with
the approved and executed budget document which is attached to this Contract as Appendix'
C, incorporated herein by reference. In every case, payment will be made subject to receipt
of a mimbursement request for payment from the Subrecipient specifying and certifying that
such I~xpenses 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.
Requl~sts 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 itsobligations which has
been paid by another source of revenue.
The S ubrecipient 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
durin~1 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
Granfee.
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 PreservationAct of 1966 as amended (16 use 470), Section 504 of
the Rehabilitation Act of 1973 (29 USC 794) (and the implementing regulations at 24 CFR
8), the! Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975 (42 USC
6101) (and the implementing regulations at 24 CFR 146), the prohibition against using
debarred contractors at 24 CFR 570.609, and Executive Orders 11063, 11246, 11375,
12086, and 12259,
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Further, any funded activity must be designed or so located as to principally benefit lower
income persons, aid in the prevention or elimination of slums or blight, or meet urgent
community development needs, as defined in the program regulations. The Subrecipient
agref~s to maintain documentation that demonstrates that the activity carried out meets the
national objective of benefiting low and moderate income persons as a public service limited
clientele activity.
"!
Subn~cipient agrees to comply with the uniform administrative requirements specified at 24
CFR 570.502 and 24 CFR 570.610, including:
If the! Subrecipient is a government agency, OMB Circular A-87, "Principles for Determining
Cost!; Applicable to Grants and Contracts with State, Local, and Federally Recognized
Indian Tribal Governments;" OMB Circular A-128, "Audits of State and Local Governments"
(impl13mented at 24 CFR 44); and the sections of 24 CFR 85, "Uniform Administrative
Requirements for Graritsand Cooperative Agreements to State and Local Governments,"
specified at 24 CFR 570.502(a).
If the Subrecipient is not a government agency, OMB Circular A-122, "Cost Principles for
Non-Profit Organizations," or OMB Circular A-21 , "Cost Principles for Educational
Institutions," as applicable; OMB Circular A-133, "Audits of Institutions of Higher Education
and Other Non-Profit Institutions," and Attachments A, B, C, F, H, N, and 0 to OMB Circular
A-110, as specified at 24 CFR 570.502(b).
Submcipient is prohibited from using funds provided herein for political activities, sectarian
or reliigious 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,
10. REVERSION OF ASSETS
Any n3al property under the Subrecipient's control acquired or improved in whole or in part
, with COBG funds (including funds provided to the Subrecipient in the form of a loan) in
excel:.s'of $25,000 will be used to meet one of the national objectives in 9570.208 until five
years after expiration of this Contract, or for such longer period of time as determined to be
appropriate by the Grantee.
11. INDIRECT COSTS
Indirect costs will only be paid if Subrecipient has a indirect cost allocatiQn plan approved
by th(~ Department of Housing and Urban Development prior to the execution of this
Contract.
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12. TRAVEL
If applicable, Subrecipient shall obtain prior written approval from the Grantee for any travel
outside the metropolitan area with funds provided under this Contract. All Federal Travel
Regulations are applicable (41 CFR Part 301).
13. INDEMNIFICATION
Subnecipient 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
conn'3ction 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
oblig:3tions under this Contract.
14. INSURANCE & BONDING
Subnecipient 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
blan~:et fidelity bond covering all employees in an amount equal to cash advances from the
Grantee. All policies providing insurance coverage required to be maintained by
Subnecipient hereunder shall list Grantee, The Augusta-Richmond County Commission and
its Mayor, and their officers, agents, members, employees and successors as named
insur'3d, 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,
servclnts, or employees shall in any way invalidate any insurance coverage for the other
named insured. No insurance policy providing any insurance coverage required to be
provided by Subrecipient hereunder shall be cancelable without at least 15 days advance
written notice to Grantee. All insurance policies required hereunder, orcopies thereof, shall
be provided to Grantee by Subrecipient.
15. GRANTOR RECOGNITION
Submcipient shall insure recognition of the role of the grantor agency in providing services
throv~h this contract. All activities, facilities and items utilized pursuant to this contract shall
be prominently labeled as to funding source. In addition, the Subrecipient will include a
reference to the support provided herein all publications made possible with funds made
available under this contract.
16. OPEN MEETINGS LAW COMPLIANCE
Subrecipient is subject to the Georgia Open Meetings Law if it receives more than 33 1/3%
of its funds from taxpayer sources. Accordingly, the Subrecipient will take the following
compliance measures: it will notify the Augusta Chronicle, and the Augusta Focus or the
Metro Courier of its regular board meeting schedule and of any special called meetings
except emergency meetings; it will post notices of its meetings in a public place at the
meeting sites and it will keep a written agenda, minutes, attendance, and voting record for
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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
Submcipient's board meetings.
Submcipient 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
Withclut the prior written consent of the Grantee, this Agreement is not assignable by the
Submcipient, either in whole or in part. Only one amendment to said agreement shall be
allowl9d during the program year.
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.
19. GENERAL TERMS AND CONDITIONS
a. REPORTS
The Subrecipient agrees to submit to Grantee monthly clients' statistical reports,
quarterly progress reports, financial reports and any other'reports that may be
specified in Appendix D.
b. CLIENT DATA
Subrecipientagrees to maintain racial, ethnic, gender, head of household,
household income, and household size data showing the extent to which these
categories of persons have participated in, or benefited from the project, and to
submit this information to the Grantee by March 30, 2001.
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;
Hi. 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.
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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 OMB 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. PERM ITS
The Subrecipient agrees to obtain all necessary permits for intended improvements
or activities.
g. AFFIRMATIVE ACTION
The Subrecipient, if its program involves housing, agrees to affirmatively further fair
housing.
h, CONFLICT OF INTEREST
The Subrecipient hereby severally warrants that it will establish and adopt
safeguards to prohibit members, officers, and employees from using positions for a
purpose that is or gives the appearance of being motivated by a desire for private
gain for themselves or others, particularly those with whom they have family,
business, or other ties. Further, no member, officer, or employee of 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
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themselves or those with whom they have family or business ties, for work to be
performed in connection with the program assisted under this Agreem~nt.
I. AUTHORIZATION TO EXECUTE AGREEMENT
The undersigned person signing as an officer on behalf of th~ Subrecipient, a party
to this Agreement, hereby severally warrants and represents that said person has
authority to enter into this Agreement on behalf of said Subrecipient and to bind the
same to this Agreement, and further that said Subrecipient has authority to enter into
this Agreement and that there are no restrictions or prohibitions contained in any
article of incorporation or bylaw against entering into this Agreement.
j. SECTION 504
The Subrecipient hereby certifies that, in the implementation of projects funded by
this Agreement and in all of its other operations, it will comply with all requirements
of Section 504 of the Rehabilitation Act of 1973 (29 USC 794) (and the implementing
regulations at 24 CFR 8); the Americans with Disabilities Act of 1990 (PL 101-336),
and all state and local laws requiring physical and program accessibility to people
with disabilities, and agrees to defend, hold harmless, and indemnify the Grantee
from and against any and all liability for any noncompliance on the part of the
Subrecipient.
k. INDEPENDENT CONTRACTOR
Nothing contained in this Agreement is intended- to, or shall be construed in any
manner to, create or establish an employer-employee relationship between the
parties, nor shall any employee of the Subrecipient by virtue of this Contract be an
employee of the Grantee for any purpose whatsoever, nor shall any employee of the
Subrecipient be entitled to any of the rights, privileges, or benefits of Grantee
employees. The Subrecipient shall be deemed at all times an independent
contractor and shall be wholly responsible for time, means and manner for
performance of the services required of it by the terms of this Contract. The
Subrecipient assumes exclusively the responsibility for the acts of its employees as
they relate to the s,ervices 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.
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20. OTHER PROVISIONS
a. Equal Employment Opportunity
The following provisions (i) and (ii) are applicable to all contracts and
subcontracts; provisions (iii) through (vii) are applicable to all non-exempt
construction contracts and subcontracts which exceed $10,000:
(i) The Subrecipient shall not discriminate against any employee or
applicant for employment because of race, color, creed, religion, sex,
age, handicap, disability, 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, ancestry, or national origin. Such a'ction 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 Subrecipientagrees 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,
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
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accounts by HUD and the Secretary of Labor for purposes of
investigation to ascertain compliance with such rules, regulations,
and orders.
(vi) In the event of the Subrecipient's noncompliance with the
nondiscrimination clauses of this Contract or with any of the said
rules, regulations, or orders, this Contract may be canceled,
terminated, or suspended in whole or in p~rt and the Subrecipient
may be declared ineligible for further Government contracts or
federally assisted construction contracts in accordance with
procedures authorized in Executive Order 11246 of September 24,
1965, as amended, and such other sanctions may be imposed and
remedies invoked as provided in Executive Order 11246 of
September 24, 1965, as amended, or as otherwise provided by law.
(vii) The Subrecipient will include the portion of the sentence immediately
preceding paragraph (I) and the provisions of paragraphs (I) through
(VII) in every subcontract or purchase order unless exempted by
rules, regulations, or orders of the Secretary of Labor, issued
pursuant to Section 204 of Executive Order 11246 of September 24,
1965, as amended, so that such provisions will be binding upon
each subcontractor or vendor. The Subrecipient will take such
action with respect to any subcontract or purchase order as HUD
may direct as a means of enforcing such provisions, including
sanctions for noncompliance; provided, however, that in the event a
Subrecipient becomes involved in, or is threatened with, litigation with
a subcontractor or vendor as a result of such direction by HUD, the
Subrecipient may request the United States to enter into such
litigation to protect the interests of the United States.
b. Equal QpPor1:unity 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, 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, ancestry,
national origin, marital status, familial status, age, handicap, disability, sex
or other basis prohibited by applicable law:
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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
contrclct. As used in this contract, the term "minority and female business enterprise,"
means a business at least fifty-one (51 %) owned and controlled by minority group members
or women. For the purpose of this definition, "minority group members" are African-
American, Spanish-speaking; Spanish surnamed or written representations by Subrecipients
regarding their status as minority and female business enterprises in lieu of an independent
investigation.
d. SECTION 3 CLAUSE
The Subrecipient will conform with the rules and regulations set forth under Section 3 of the
Housing and Urban DevelopmentAct of 1968, (12 USC 1701 u), as amended, and the HUD
regulcltions issued pursuant thereto at 24 CFR Part 135. This Act requires that, to the
greate!st 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
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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
Agref~ment, the deed or lease for such transfer shall contain a covenant prohibiting
discrimination upon the basis of race, color, creed, religion, sex, handicap, disability,
ance:;try, national origin, marital status, or familial status, in the sale, lease, or rental, or in
the use or occupancy of such land or any improvements erected or to be erected thereon.
The Subrecipient will comply with Title VII of the Civil Rights Act of 1968 (PL 90-284) as
amended and will administer all programs and activities related to housing and community
development in a manner to affirmatively further Fair Housing.
f. Labor Standards
Except with respect to the rehabilitation of residential property designed for residential use
for leBs than eight households, the Subrecipient and all subcontractors engaged in contracts
in exc:ess of $2,000 for the construction, completion, rehabilitation, or repair of any building
or work financed in whole or in part with assistance provided under this Agreement are
subject to the federal labor standards provisions which govern the payment of wages and
the ratio of apprentices and trainees to journeyworkers. Under the terms of the Davis-Bacon
Act, as amended, the Subrecipient is required to pay all laborers and mechanics employed
on construction work wages at rates not less than those prevailing on similar construction
in the locality as determined by the Secretary of Labor, and shall pay overtime compensation
in acc:ordance with a'nd subject to the provisions of the Contract Work Hours and Safety
Standards Act (40 USC 327-332), and the Subrecipient shall comply with all regulations
issued pursuant to these Acts and with other applicable Federal laws and regulations
pertaining to labor standards, including the Copeland "Anti-Kickback" Act. Provided that if
wage rates higher than those required under the regulations are imposed by State or Local
laws, nothing hereunder is intended to relieve the Subrecipient of its obligation, if any, to
require payment of the higher rates.
g. Flood Disaster Protection
This Agreement is subject to the requirements of the Flood Disaster Protection Act of 1973
(PL93-234). Use of any assistance provided under this Agreement for acquisition or
construction in an area identified as having special flood hazards shall be subject to the
mandatory purchase of flood insurance with the requirements of Section 1 02(a) of said Act.
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.J
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
empl,oyed 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 ~Irants 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 erimination 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 cilll owners, prospective owners, and tenants of properties constructed prior to 1978be
propE!rly 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
precaiutions that should be taken when dealing with lead-based paint poisoning.
k. Special Assessments
Subwcipient 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
subpc:lragraph (1).
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."
I. Acquisition, Rehabilitation, and Demoiition of Real Property and
Displacement of Persons and Businesses
Subrecipientwill comply with the "Grantee's Community Development Block Grant Program
Plan for Minimizing the Displacement of Persons as a result of Community Development
Block Grant Funded Activities" and the Grantee's Community Development Block Grant
Program Residential Anti-displacement and Relocation Assistance Plan." The Subrecipient
will conduct any acquisition, rehabilitation, or demolition, of real property, and any
negotiations for acquisition, rehabilitation, or 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 CI=R 570.606. Unless specifically permitted in AppendixB 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
Reloc:ation Assistance and Real Property Acquisition Policies Act of 1970, as amended,
Section 104(d) of the Act, and the implementing regulations at 49 CFR 24 and 24 CFR
'.570.606. Subrecipient hereby agrees to defend, to pay, and to indemnify the Grantee from
and Clgainst any and all claims and liabilities for relocation benefits or the provision of
replaGement dwelling units required by federal statutes and regulations in connection with
activities undertaken pursuant to this Agreement.
m. Lobbying Restrictions
Subre!cipient certifies that, to the best of its knowledge and belief:
No Fe!deral appropriated funds have been paid or will be paid, by or on behalf of it, to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any
Federal Grant, the making of any Federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of any
Federal contract, grant, loan, or cooperative agreement;
If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or employee of a Member of
Congress, in connection with this Federal Contract, grant, loan, or cooperative agreement,
it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying" in
accordance with its instructions; and
It will require that the language of this paragraph M be included in the award documents for
all subawards at all tiers (including subcontractors, subgrants, and contracts under grants,
loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly.
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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 faill;) 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
thou!~h it were included herein, and if through mistake or otherwise any such provision is not
inserted, or is not correctly inserted, then upon the application of either party the contract
shall forthwith be physically amended to make such insertion or correction.
o. HISTORIC PRESERVATION
If applicable, the Subrecipient agrees to comply with the Historic Preservation requirements
set for in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and
the procedures set forth in CFR, Part 800, Advisory Council of Historic preservation
Procf~dures for Protection of Historic properties, insofar as they apply to the performance of
this contract.
In general, this requires concurrence from the State Historic Preservation Officer for all
rehabilitation and demolition of historic properties that are fifty years old or older or that are
included on a Federal, State, or local historic property list.
21. MISCELLANEOUS
a. This Agreement shall be governed by and construed according to the laws
of the State of Georgia.
b. Time shall be of the essence to this Contract, except where it is herein
specifically provided to the contrary. Subrecipientshall provide the scope of
services in accordance with the schedules set forth in Appendix B.
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IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first
written above.
!:
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ATIEST:
SEAL
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Katherine Warr
P,s its Board Treasurer
CL~t~ jYila{dPA )
"-- (P . in Witness)
ciJ>
~BY
LylJ
AUGUSTA, GEORGIA
ntee)
ART FACTORY, INC.
(Subrecipient)
,M.u-k~~
Margaret Wamsted
As its President
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APPENDIX A
Proiect Area
The project is located at 301 Crawford Avenue, Augusta, Georgia 30904.
APPENDIX B
Goals, Obiectives, and Tasks
The Art Factory is a multi-disciplinary community art school, where students learn to express
their ideas through a variety of artistic experiences. The goal is to continue and enhance
existing in house programs which give youths creative and diverse artistic experiences in
a comfortable, non.:.threatening, environment while challenging them to grow. The objectives
are to teach youths' skills in a variety of art media, develop problem solving, conflict
resoliution and positive social skills, improve self-image and develop community pride,
strengthen resistance to negative peer pressure and to reduce non-productive periods of
time. .
A year round program is conducted which includes after school classes, spring and summer
camps and special program activities. Instruction involves teaching drawing, dancing,
drama, sculpture and design skills to youths age 5-18 years old.
While children of all economic backgrounds are accepted for participation in Art Factory
progl"ams, emphasis is given to serving children from inner-city and low/mod income
families. To facilitate inclusive involvement, enrollment is open to any child without ability
to pc;lY and due to the mission of serving inner-city youth, the Art Factory has a policy of
reserving 50% of enrollment space for low/mod children with tuition assistance where
needed. CDBG funds will be used to cover the cost of tuition and supplies for children of
loweI' and moderate income families to attend Art Factory activities during the 12-month
period of this agreement. Projected tuition assistance for 2000, based upon 1999 records,
is approximately 70% of participants or over 500 low/mod income children out of
approximately 800 program participants. During this 12 month period, the Subrecipient will
provide assistance to 500 lower income youths.
The Subrecipient shall maintain files on each youth. Each file shall contain the students'
applieation, attendance record, schedule of activities, amount of scholarship assistance
provided, income data and income verification.
APPENDIX C
Budqet
Tuition & Art Supplies
$20,000
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APPENDIX D
Reportino Requirements
The Subrecipient shall submit to the Grantee the following reports for the term of this
agreE!ment.
1. Monthly Statistical Reports
Due each month by the 15th for the previous month.
First report due June 15, 2000.
2. Quarterly Progress
July 15; 2000, October 15, 2000 and January 15, 2001.
3. Annual Progress Report. Due March 30, 2001.
4. Audit Rep.ort. Due 30 days after completion of audit.
A IT ACHMENT
Forms
1. CDBG Income Verification
2. Reimbursement Request
3. Monthly Statistical Reports
4. Quarterly Program Progress
5. AnnuarProgram Progress
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