HomeMy WebLinkAboutCommunity Development Block Grant Program (4)
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Augusta Richmond GA
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CONTRACT BETWEEN AUGUSTA, GEORGIA
AND
'ST. STEPHEN'S MINISTRY OF AUGUSTA, 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 ST. STEPHEN'S MINISTRY OF AUGUSTA, INC., (hereinafter referred
to as the "Subrecipient").
WHEREAS, the Grantee has received a Community Development Block Grant from the
United States Departme~t 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.) (he
Act); and
WHEREAS, pursuant to such Grant, the Grantee is undertaking certain programs and
servil:es 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
DevE~lopment Block Grant Program, situated in the Project Area described in Appendix A.
NOW, THEREFORE, the parties hereto do mutually agree as follows:
1. SCOPE OF SERVICE
The Subrecipient shall perform all the necessc;:ry services provided under this
Contract in accordance with and respecting the following project:
Housing & Supportive Services for Persons with HIV/AIDS
The Subrecipient shall do, perform, and carry out,in a satisfactory manner, as
determined by the Grantee, the goals, objectives, and tasks set forth in Appendix B, and
incorporated herein by reference.
2. TERM; TERMINATION'
a. The services of the Subrecipient are to commence on 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
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additional time period during which Subrecipient may receive or remain in
control of program income.
b. The parties agree that the Grantee may terminate this Contract or any work
or delivery required hereunder, from time to time, either in whole or in part,
whenever the Commission, on recommendation from the Director of the
Housing and Neighborhood Development Department (HND), shall
determine that such termination is in the Grantee's best interest.
Termination, in whole or in part, shall be effected by delivery of a Notice of
Termination signed by the Mayor, mailed or delivered to Subrecipient, and
specifically setting forth the effective date of termination.
c. Either party may terminate this Contract, without further obligation, for the
default of the other party or its agents or employees with respect to any
agreement or provision contained herein upon 15 days written notice to the
other party. All reports or accountings provided for herein shall be rendered
whether or not falling due within the contract period.
'd. Further, the Grantee reserves the right to terminate thiscontract 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 rep:>rts 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-110.
(3) . Expends funds under this Agreement for ineligible activities, services,
or items;
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(4) Implements the project prior to notification from the Grantee that the
federal environmental review process has been completed;
(5) Violates Labor Standards requirements; or
(6) Fails to comply with written notice from the Grantee of substandard
performance under the terms of this Agreement.
3. KEY PERSONNEL
a. Subrecipient shall assign to this Contract the following key personnel:
i. Tena Hubbard, 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. PERFORMANCE MONITORING
The Grantee will monitor the performance of the Subrecipient against goals and
performance standards required herein. Substandard performance as determined by the
Grantee will constitute non-compliance with this contract. If actions to correct such
substandard performance are not taken by the Subrecipientwithin 30 days following on-site
monitoring by the Grantee, contract termination procedures will be initiated.
5. INSPECTION AND ACCEPTANCE
All ta:;ks and reports shall be conducted and completed in accordance with recognized and
customarily accepted industry practices, and shall be considered completewhen services
are alPproved as acceptable by the Grantee in writing. In the event of rejection of any tasks,
reports, etc., Subrecipient shall be notified in writing and shall have ten (10) working days
from date of issuance of notification to correct the deficiencies and re-submit acceptable
work within said ten-day period. Failure to submit acceptable work within said ten-day
period shall constitute a breach of this contract for which the Subrecipient may be held in
default.
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6. SEVERABILITY
If any term or condition of this Agreement is found by a court of competent jurisdiction to be
void <:>r invalid, such invalidity shall not affect the remaining terms and conditions of this
Agrel~ment, which shall continue in full force and effect.
7.
COMPENSATION
The Subrecipient shall be paid a total consideration of $11,624.00 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 thB Housing and Neighborhood Development (HND) Department. Compensation shall
be allowed on a reimbursement basis, only after expenditures have been incurred by the
Subr'3cipient 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, im;orporated herein by reference. In every case, payment will be made subject to receipt
of a reimbursement request for payment from the Subrecipient specifying and certifying that
such expenses have been incurred and expended in conformance with this Contract and
that the Subrecipient is entitled to receive the amount requested under the terms of this
Contract. Clients' eligibility data shall be included with said reimbursement request.
Payments will be made on a monthly basis only with a 30-day turnaround period by Grantee.
Requests for payments must be received by Grantee not later than the 15th day of each
calendar month for work performed during the preceding calendar month. The Subrecipient
shall not claim reimbursement from the Grantee for that portion of itoobligations which has
been paid by another source of revenue.
The Subrecipient shall notify the Grantee in writing of all authorized personnel who shall be
empowered to file requests for payment pursuant to this Agreement.
8. USE OF FUNDS
Use of funds received pursuant to this Agreement shall be in accordance with the
reqUiirements of the Housing and Community Development Act of 1974 (as amended), 24
CFR Part 570 and other regulations governing the Community Development Block Grant
Program, and any amendments or policy revisions thereto which shall become effective
during the term of this Agreement. A copy of said regulations is incorporated by reference.
Any unused funds remaining at the expiration of this agreement shall revert to
Grantee.
In addition, the Subrecipient agrees to comply with other applicable laws, including the
National Environmentaj 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 Hehabilitation 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
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debarred contractors at 24 CFR 570.609, and Executive Orders 11063, 11246, 11375,
1208Ei, and 12259.
Furthl~r, 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 agrees to maintain documentation that demonstrates that the activity
carried out with CDBG funds meets the national objective of benefiting low andmoderate
income persons as a public service limited clientele activity.
Subre!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
Costs Applicable to Grants and Contracts with State, Local, and Federally Recognized
Indian Tribal Governments;" OMB Circular A-128, "Audits of State and Local Governments"
(implelmented at 24 CFR 44); and the sections of 24 CFR 85, "Uniform Administrative
Requirements for Grants and Cooperative Agreements to State and Local Governments,"
specilled 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).
SubrE!cipient 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 Grantee before execution of this. Contract: The Subrecipient
shalllreport 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 additional funds by the amount of any such program
income balances on hand. All unused program income shall be reported to the Grantee at
the end of the contract period. At that time a determination will be made by the Director of
HND as to whether the Subrecipient will retain the said income or said income may revert
to the~ Grantee's Community Development Block Grant Program. If the Subrecipient is
allowHd to retain program income, the Director shall designate its use and the reporting
requirements. Any interest earned on cash advances from the U. S. Treasury is not
program income and shall be remitted promptly to the Grantee.
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10. REVERSION OF ASSETS
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Any n~al property under theSubrecipient'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 ~570.208 until five
years after expiration of this Contract, or for such longer period of time as determined to be
appropriate by the Grantee.
11. INDIRECT COSTS
Indirect costs will only be paid if Subrecipient has a indirect cost allocation plan approved
by the Department of Housing and Urban Development prior to the execution of this
Contract.
12. TRAVEL
If applicable, Subrecipient shall obtain prior written approval from the Grantee for any travel
outside the metropolitan area with funds provided under this Contract. All Federal Travel
Regulations are applicable (41 CFR Part 301).
13. INDEMNIFICATION
Submcipient 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/N 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
connBction with Subrecipient's perf~rmance or non-performance of its obligations hereunder.
No payment, however, final or otherwise, shall operate to release the Subrecipient from any
obligations under this Contract.
14. INSURANCE & BONDING
Submcipient shall carry sufficient insurance coverage to protect contract assets from loss
due to theft, fraud and/or undue physical damage, and as a minimum shall purchase a
blanket fidelity bond covering all employees in an amount equal to cash advances from the
Grantee. All pOlicies providing insurance coverage required to be maintained by
Submcipient hereunder shall list Grantee, The Augusta-Richmond County Commission and
its Mayor, and their officers, agents, members, employees and successors as named
insumds, as their interests may appear, and shall be issued by an insurance carrier or
carriE!rS 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
namE!d 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,'orcopies thereof, shall
be provided to Grantee by Subrecipient.
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15. . GRANTOR RECOGNITION
Subrecipient shall insure recognition of the role of the grantor agency in providing services
throu~lh 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% 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
meetil,1g sites and it will keep a written agenda, minutes, attendance, and voting record for
each meeting and make the same available for inspections by the press, the public and the
Grantee. The press, public and the Grantee shall not be denied admittance to the
Subrecipient's board meetings.
Subrecipient shall provide to the Grantee a tentative annual schedule of the Board of
Directors' meetings. Publications and minutes of each meeting shall be submitted to
Grant,ee within 30 days after each meeting.
17. ASSIGNMENT
Without the prior written consent of the Grantee, this Agreement is not assignable by the
Subrecipient, either in whole or in part.
18. ENTIRE CONTRACT; ALTERATION
This Agreement is the entire agreement between the parties hereto. No alteration or
variation in the terms of this Agreement shall be valid unless made in writing and signed by
the parties hereto. Only one amendment to said agreementshall be allowed durin9 the
program year.
19. GENERAL TERMS AND CONDITIONS
a. REPORTS
The Subrecipient agrees to submit to Grantee monthly clients' statistical reports, quarterly
progmss reports and financial reports and any other reports that may be specified in
Appendix D.
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b. CLIENT DATA
Subrecipient agrees to maintain racial, ethnic, gender, head of household, household
income, and household size data showing the extent to which these categories of persons
have participated in, or benefited from the project, and to submit this information to the
Grantl3e 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 Irecords 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.
Subrecipientagrees 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
agree:s to obtain an audit conducted in accordance with OMB Ci[cul,ar 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 deta.iled 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,
whichl3ver 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
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of the Grantee's annual performance report, as prescribed in 24 CFR 91.520, in which the
speci:fic activity is reported on for the final time rather than from the date of submission of
the final expenditure report for the award.
f. PERMITS
The Subrecipient agrees to obtain all necessary permits for intended improvements or
activities.
g. AFFIRMATIVE ACTION
The Subrecipient, if its program involves housing, agrees to affirmatively further fair housing.
h. CONFLICT OF INTEREST
The Subrecipient hereby severally warrants that it will establish and adopt safeguards to
prohibit members, officers, and employees from using positions for a purpose that is or gives
the appearance of being motivated by a desire for private gain for themselves or others,
particularly those with whom they have family, business, or other ties. Further, no member,
officer, or employee of Subrecipient who exercises any functions or responsibility with
resped to the program during his or her tenure or for one year thereafter, shall have any
finanGial 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
perfolrmed in connection with the program assisted under this Agreement.
i. AUTHORIZATION TO EXECUTE AGREEMENT
The undersigned person signing as an officer on behalf of the Subrecipient, a party to this
Agreement, hereby severally warrants and represents that said person has authority to enter
into this Agreement on behalfof 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 prohiqitions contained in any article of incorporation or bylaw against
enteriing 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 dis'abilities, 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.
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k. INDEPENDENT CONTRACTOR
Nothing contained in this Agreement is intended to, or shall be construed in any manner to,
creat'e or establish an employer-employee relationship between the parties, nor shall any
employee of the Subrecipient by vir1ue 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 ri:~hts, 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
Subn~cipient assumes exclusively the responsibility for the acts of its employees as they
relatE! to the services provided during the course and scope of their employment.
I. PROCUREMENT
The Subrecipient shall comply with Augusta-Richmond County's current policy concerning
the purchase of equipment and shall maintain an inventory record of all non-expendable
personal property as defined by such policy and as may be procured with funds provided
herein.
20. OTHER PROVISIONS
a. Equal Employment Opportunity
The following provisions (i) and (ii) are applicable to all contracts and subcontracts;
provisions (Hi) through (vii) are a'pplicable to all non-exempt construction contracts and
subclJntracts 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 employea and that employees are
treated during employment without regard to their race, color, creed, religion,
sex, age, handicap, disability, 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
apprentic~ship. .The Subrecipient agrees to post in conspicuous places,
available to employees and applicants for employment, notices to be
provided setting forth the provisions of this nondiscrimination clause.
(ii) The Subrecipient will, in all solicitations or advertisements for employees
placed by or on behalf of the Subrecipient, state that all qualified applicants
will receive consideration for employment without regard to race, creed,
religion, sex, age, handicap, disability, ancestry, national origin, marital
status, or any other basis prohibited by applicable law.
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(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 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 part
and the Subrecipient may be declared ineligible for further Government
contracts or federally assisted construction contracts in accordance with
procedures authorized in Executive Order 11246 of September 24, 1965, as
amended, and such other sanctions may be imposed and remedies invoked
as provided in Executive Order 11246 of September 24, 1965, as amended,
or as otherwise provided by law.
(vii) The Subrecipient will include the portion of the sentence immediately
preceding paragraph (1) and the provisions of paragraphs (1) through (7) in
every subcontract or purchase order unless exempted by rules, regulations,
or orders of the Secretary of Labor, issued pursuant to Section 204 of
Executive Order 11246 of September 24, 1965, as amended, so that such
provisions will be binding upon each subcontractor or vendor. The
Subrecipient will take such action with respect to any ~ubcontract 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 involve~ in, or is threatened with, litigation with a
subcontractor or vendor as a result of such direction by HUD, the
Subrecipientmay request the United States to enter into such litigation to
protect the interests of the United States.
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b. Equal Opportunity in Participation
Under the terms of Section 109 of the Housing and Community Development
Act of 1974, and in conformance with Grantee policy and all requirements
imposed by or pursuant to the Regulations of HUD (24 CFR Part 570.601
and 570.602) issued pursuant to Section 109, no person in the United States
shall on the ground of race, color, creed, religion, sex, age, handicap,
disability, 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, han'dicap, disability, sex
or other basis prohibited by applicable law:
I. Deny any facilities, services, financial aid, or other benefits provided
under the program or activity.
ii. Provide any facilities, services, financial aid, or otherbenefits which
are different, or are provided in a different form from that provided to
others under the program or activity.
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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'lncome Residents,
Women-Owned Business Enterprises, and Minority-Owned Business
Enterprises.
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The ~iubrecipient will use its. best efforts to afford minority and w~men-owned business
enterprises the maximum practicable opportunity to participate in the performance of this
contract. As used in this contract, the term "minority and female business enterprise,"
means a business at least fifty-one (51 %) owned and controlled by minority group members
or women. For the purpose of this definition, "minority group members" are African-
American, Spanish-speaking, Spanish surnamed or written representations by Subrecipients
regarding their status as minority and female business enterprises in lieu of an 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 170tu), as amended, and the HUD
regulations issued pursuant thereto at 24 CFR Part 135. This Act requires that, to the
greatl~st extent feasible, opportunities for training and employment be given to lower income
residEmts of the project area, and contracts for work in connection with the project be
awarded to business concerns which are located in, or owned in substantial part by persons
residing in the area of the project. In all solicitations for bids the contractor must, before
signing the contract, provide a preliminary statement of the work force needs and plans for
possible training and employment of lower income persons. When a Subrecipient utilizes
the bidding procedure to let a bid, the invitation or solicitation for bids shall advise
prospective contractors of the requir~ments 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.
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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 FairHousing Act (42 use 3601-20). In accordance with Grantee
Policy and Title VI of the Civil Rights Act of 1964 (PL 88-352), in the sale, lease or other
transfer. of land acquired, leased' or improved with assistance provided under this
Agreement, the deed or lease for such transfer shall contain a covenant prohibiting
discrimination upon the basis of race, color, creed, religion, sex, handicap, disability,
ancestry, national origin, marital status, or familial status, in the sale, lease, or rental, or in
the U:3e or occupancy of such land or any improvements erected or to be erected thereon.
The ~)ubrecipient 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.
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f. Labor Standards
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Except with respect to the rehabilitation of residential property designed for residential use
for less than eight households, the Subrecipieht 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
subjed 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 accordance with and subject to the provisions of the Contract Work Hours and Safety
Standards Act (40 USC 327-332), and the Subrecipient shall comply with all regulations
issued pursuant to these Acts and with other applicable Federal laws and regulations
pertaining to labor standards, including the Copeland "Anti-Kickback" Act. Provided that if
wage rates higher than those required under the regulations are imposed by State or Local
laws, nothing hereunder is intended to relieve the Subrecipient of its obligation, if any, to
require payment of the higher rates.
g. Flood Disaster Protection
This Agreement is subject to the requirements of the Flood Disaster Protection Act of 1973
(PL9~-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.
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
Neithm the Subrecipient program nor the funds provided therefor, nor the personnel
employed in the administration.of the program shall be in any way or to any extent engaged
in the conduct of political activities in contravention of Chapter 15 of Title 5, United States
Code.
j. Lead-Based Paint
Any grants or loans made by the Subrecipient for the rehabilitation of residential structures
with assistance provided under this Agreement shall be made subject to the provisions for
the elimination of lead-based paint hazards under 24 CFR Part 35. The Subrecipient, at its
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sole (:ost, will comply with the requirements of 24 CFR 570.608 for notification, inspection,
testing, and abatement procedures concerning lead-based paint. Such regulations require
that all owners, prospective owners, and tenants of properties constructed prior to 1978be
propHrly 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.
~':;1
k.
Special Assessments
. Subn3cipient 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
resuWng from a guarantee under. Section 108 of the Act by assessing any amount against
propE~rties owned and occupied by persons of low and moderate income, including any fee
char~led 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
Submcipient 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 c:onduct any acquisition, . rehabilitation, or demolition, of real property, and any
negoiUations 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
assis1tance, 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
replaeement dwelling units required by federal statutes and regulations in connection with
activiities undertaken pursuant to this Agreement.
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APPENDIX A
Proiect Area
The project is located at 922-924 Greene Street, Augusta, Georgia 30901.
APPENDIX B
Goals. Obiectives. and Tasks
St. Stephen's Ministry of Augusta, Inc. is a Georgia non-profit organization. St. Stephen's
. goal i3nd purpose is to provide housing for low income and/or homeless persons with
HIV/Jl.lDS. The objective of the program is to facilitate personal independence, dignity and
well being through safe affordable appropriate housing. St. Stephen's tasks include the
provi~;ion of the aforementioned housing as well as providing access to social and health
services to homeless and low-income persons living with HIV/AIDS and to affected persons
in their lives.
To fadlitate the accomplishment of the above described goals, objectives and tasks, St.
Stephen's will use CDBG funds to help purchase a vehicle to be used in transportation of
food for Golden Harvest Food Bank to the St. Stephen's HIV+ Community Cupboard. The
goal ilncludes use of the' vehicle to deliver food to homebound HIV+ persons in the CSRA
as wE:1I as to transport St. Stephen's residents to appointments with health care and social
service providers; critical transportation that public transportation does not make available.
Durin!~ th~~eriod beginning March 7,2000 and ending March 6,2001 ,the Subrecipientwill
assist ~ower income persons. All clients of the proposed activity will be lower income
according to the standards of the U.S. Department of Housing and Urban Development.
Trip log shall be maintained for usage of vehicle.
The ~iubrecipient shall follow procurement procedures that are in conformance with the
City's Purchasing Policies and Procedures. For purchases over $1 O,OOO,the Subrecipient
shall develop specifications and seek bids by the competitive sealed bid process. Ads shall
be published in the Augusta Chronicle and at least one minority newspaper. Contract shall
be awarded to the most responsive bidder.
Vehicile shall be used by the Subrecipient in the project for which it was acquired as long as
needE~d, whether or not the project or program continues to be support~d by Federal funds.
When the vehicle is no longer needed for the purpose indicated above, disposition of the
vehide shall be determined and approved by the Grantee consistent with provisions of 24
CFR ~;70.502 and 85.32 and Circular A-11 O. In all cases, the proceeds shall be program
income.
Procedures for managing the vehicle, whether acquired in whole orin part with grant funds,
until disposition takes place shall, as a minimum, meet the following requirements:
. 1. Written notification must be given to Grantee within seven (7) calendar days after
delivery to the Subrecipientof vehiCle in order for the Grantee to effect identification
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In general, this requires concurrence from the State Historic Preservation Officer for all
rehabilitation and demolition of historic properties that are fifty years old or older or that are
included on a Federal, State, or local historic property list.
21. MISCELLANEOUS
. .~
"
a.
This Agreement shall be governed by and construed according to the laws
of the State of Georgia.
b. Time shall be of the essence to this Contract, except where it is herein
specifically provided to the contrary. Subrecipient shall provide the scope of
services in accordance with the schedule set forth in Appendix B.
I,N WITNESS WHEREOF, the parties have set their hands and seals as of the date first
written above.
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a' t1 . 7 0_-
L a J. Bonner
Clerk of Commission
AUGUSTA. GEORGIA
/J (nrantee)
flJJ By: I ~
CJijJ I Bob You g
CfV '. As its May r
ATTEST:
St. Stephen's Ministry of AUQusta. Inc.
(Subrecipient)
SEAL
. '. //.
~~ Pl1hbcYcA
Tena Hubbard
A,s its Executive Director
BY~ Cb,P
Da ny Wrig t
As its President
,)Cu~ p~
~ (Plain Witness)
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.,
APPENDIX A
Proiect 'Area
The project is located at 922-924 Greene Street, Augusta, Georgia 30901.
APPENDIX B
. Goals. Obiectives. and Tasks
St. Stephen's Ministry of Augusta, Inc. is a Georgia non-profit organization. St. Stephen's
goal clnd purpose is to provide' housing for low income and/or homeless persons with
HIVlAIDS. The objective of the program is to facilitate personal independence, dignity and
well being through safe affordable appropriate housing. St. Stephen's tasks include the
provision of the aforementioned housing as well as providing access to social and health
services to homeless and low-income persons living with HIV/AIDS and to affected persons
in their lives.
To facilitate the accomplishment of the above described goals, objectives and tasks, St.
. Steph1en's will use CDBG funds to help purchase a vehicle to be used in transportation of
food for Golden Harvest Food Bank to the St. Stephen's HIV+ Community Cupboard. The
goal includes use of the vehicle to deliver food to homebound HIV+ persons in the CSRA
as well as to transport St. Stephen's residents to appointments with health care and social
service providers; critical transportation that public transportation does not make available.
Durinn the,~riod beginning March 7,2000 and ending March 6,2001, the Subrecipientwill
assist ~wer income persons. All clients of the proposed activity will be lower income
according to the standards of the U.S. Department of Housing and Urban Development.
Trip lag shall be maintained for usage of vehicle.
The Subrecipient shall follow procurement procedures that are in conformance with .the
City's Purchasing Policies and Procedures. For purchases over $10,000, theSubrecipient
'shall develop specifications and seek bids by the competitive sealed bid process. Ads shall
be published in the Augusta Chronicle and at least one minority newspaper. Contract shall
be awarded to the most responsive bidder.
Vehicle shall be used by the Subrecipient in the project for which it was acquired as long as
needed, whether or not the project or program continues to be supported by Federal funds.
When the vehicle is no longer needed for the purpose indicated above, disposition of the
vehic/l~ shall be determined and approved by the Grantee consistent with provisions of 24
CFR ~;70.502 and 85.32 and Circular A-110. In all cases, the proceeds shall be program
income.
Procedures for managing the vehicle, whether acquired in whole or in part with grant funds,
until disposition takes place shall, as a minimum, meet the following requirements:
1. Written notification must be given to Grantee within seven (7) calendar days after
delivery to the Subrecipient of vehicle in order for the Grantee to effect identification
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'..
...
and recording for inventory purposes. Property records must be maintained that
include a description of the property, a serial number or other identification number,
the source of property, titleholder, the acquisition date, cost of property, the location,
use and condition of the property and any ultimate disposition data including the date
of disposal and sale price of the property.
2. A control system must be developed to ensure adequate safeguards to prevent loss,
damage, or theft of the vehicle. Any loss, damage, or theft shall be investigated by
the Subrecipient and reported to the Grantee.
3. Adequate maintenance procedures must be developed to keep the property in good
condition.
4. If property is sold, proper sales procedures must be. established to ensure the
highest possible return.
APPENDIX C
Budaet
Purchase of a vehicle
$11,624.00
APPENDIX D
Reportina Requirements
The Subrecipient shall submit to the Grantee the following reports for the term of this
agreement.
1. Monthly Statistical Reports
Due each month by the 15th for the previous month.
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 Report (Due 30 days after receipt of report).
ATTACHMENTS
1. Augusta-Richmond County Procurement Policy
2. Form - Monthly Statistical Report
3. Form - Quarterly Report
4. Form - Annual Report
5. Form - Reimbursement Request
6. Form - Mileage
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