HomeMy WebLinkAboutGolden Harvest Food Bank, Inc. (2)
Augusta Richmond GA
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CONTRACT BETWEEN AUGUSTA, GEORGIA
AND
GOLDEN HARVEST FOOD BANK, INC.
FOR
THE 1999 COMMUNITY DEVELOPMENT BLOCK GRANT P~
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THIS AGREEMENT, made and entered into on this.Jst... day of Auabls-t--, 20 0, 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 GOLDEN HARVEST FOOD BANK, INC., (hereinafter referred to as the
"Subrecipient").
WHEREAS, the Grantee has received a Community Development Block Grant from the United
States Department of Housing and Urban Development (HUD) under Title I of the Housing and
Community Development Act of 1974, as amended (42 USC 5301 et seq.) (the Act); and
WHEREAS, pursuant to such Grant, the Grantee is undertaking certain programs and services
necessary for the planning, implementation and execution of such a Community Development Block
Grant Program; and
WHEREAS, the Grantee desires to engage the Subrecipient to render certain services, programs,
or assistance in connection with such undertakings of the Community Development Block Grant
Program, situated in the Project Area described in Appendix A.
NOW, THEREFORE, the parties hereto do mutually agree as follows:
1. SCOPE OF SERVICE
The Subrecipient shall perform all the necessary services provided under this Contract in
accordance with and respecting the Golden Harvest Food Bank Faith Food Factory Program. This
project will increase annual food distribution by one-two million pounds and provide food assistance
for low income residents of the neighborhood.
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 Au~u!t 1'-; 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 December 31, 2000, or until this Agreement is otherwise
terminated.
b. The parties agree that the Grantee may terminate this Contract or any work or
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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 termincte this Contract, without further obligation, for the default of
the other party or its agents or employees with respect to any agreement or provision
contained herein upon 15 days written notice to the other party. All reports or
accountings provided for herein shall be rendered whether or not falling due within
the contract period.
d. Further, the Grantee reserves the right to terminate this contract upon written
notification to the Subrecipient under any of the following conditions:
1) Notification by HUD to the Grantee that said project is ineligible because of
project location, services provided, or any other reason cited by HUD;
2) Notification by HUD to the Grantee that said project is deficient and that
continued support of the project is not providing an adequate level of
services to low income and minority people; or
3) Written notification from HUD to the Grantee that the program funds made
available to the Grantee are being curtailed, withdrawn, or otherwise
restricted.
e. The Grantee also reserves the right to terminate this Contract or to reduce the
contract compensation amount if the Subrecipient:
(1) Fails to file required reports or to meet project progress or completion
deadlines;
(2) Materially fails to comply with any provision of this Agreement (which may
result in suspension or termination in accordance with 24 CFR 85.43 or OMS
Circular A-11 O.
(3) Expends funds under this Agreement for ineligible activities, services, or
items;
(4) Implements the project prior to notification fran 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.
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3. KEY PERSONNEL
a. Subrecipient shall assign to this Contract the following key personnel:
i. Michael J. Firmin, Executive Director
ii. Barry J. Forde, Associate 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 tasks and reports shall be conducted and completed in accordance with recognized and
customarily accepted industry practices, and shall be considered complete when services are
approved as acceptable by the Grantee in writing. In the event of rejection of any tasks, reports,
etc., Subrecipient shall be notified in writing and shall have ten (10) working days from date of
issuance of notification to correct the deficiencies and re-submit acceptable work within said ten-clay
period. Failure to submit acceptable work within said ten-day period shall constitute a breach of this
contract for which the Subrecipient may be held in default.
6. SEVERABILITY
If any term or condition of this Agreement is found by a court of competent jurisdiction to be void or
invalid, such invalidity shall not affect the remaining terms and conditions of this Agreement, which
shall continue in full force and effect.
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7. COMPENSATION
The Subrecipient shall be paid a total consideration of $ 130.000 for full performance of the
services specified under this Agreement. Any cost above this amount shall be the sole
responsibility of the Subrecipient. Subrecipient shall submit monthly requests for payments to the
Housing and Neighborhood Development (HND) Department. Compensation shall be allowed on
a reimbursement basis, only after expenditures have been incurred by the Subrecipient and proper
supporting documentation has been submitted in conformity with the approved and executed budget
document which is attached to this Contract as Appendix C, incorporated herein by reference. In
every case, payment will be made subject to receipt of a reimbursement request for payment from
the Subrecipient specifying and certifying that such expenses have been incurred and expended
in conformance with this Contract and that the Subrecipient is entitled to receive the amount
requested under the terms of this Contract. Clients' eligibility data shall be included with said
reimbursement request.
Payments will be made on a monthly basis only with a 30-day turnaround period by Grantee.
Requests for payments must be received by Grantee not later than the 15th day of each calendar
month for work performed during the preceding calendar month. The Subrecipient shall not claim
reimbursement from the Grantee for that portion of its obligations which has been paid by another
source of revenue.
The Subrecipient shall notify the Grantee in writing of all authorized personnel who shall be
empowered to file requests for payment pursuant to this Agreement.
8. USE OF FUNDS
Use of funds received pursuant to this Agreement shall be in accordance with the requirements of
the Housing and Community Development Act of 1974 (as amended), 24 CFR Part 570 and other
regulations governing the Community Development Block Grant Program, and any amendments
or policy revisions thereto which shall become effective during the term of this Agreement. A copy
of said regulations is incorporated by reference.
Any usused funds remaining at the expiration of this agreement shall revert to Grantee.i
In addition, the Subrecipient agrees to comply with other applicable laws, including the National
Environmental Policy Act of 1969 (and the implementing regulations at 24 CFR 58), the National
Historic Preservation Act of 1966 as amended (16 USC 470), Section 504 of the Rehabilitation Act
of 1973 (29 USC 794) (and the implementing regulations at 24 CFR 8), the Americans with
Disabilities Act of 1990, the Age Discrimination Act of 1975 (42 USC 6101) (and the implementing
regulations at 24 CFR 146), the prohibition against using debarred contractors at 24 CFR 570.609,
and Executive Orders 11063, 11246, 11375, 12086, and 12259.
Further, any funded activity must be designed or so located as to principally benefit lower income ,
persons, aid in the prevention or elimination of slums or blight, or meet urgent community
development needs, as defined in the program regulations.
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The Subrecipient agrees to maintain documentation that demonstrates that the activity carried out
with funds meets the national objective of benefitting low and moderate income persons as a public
service limited clientele activity.
Subrecipient 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, OMS Circular A-87, "Principles for Determining Costs
Applicable to Grants and Contracts with State, Local, and Federally Recognized Indian Tribal
Governments;" OMS Circular A-128, "Audits of State and Local Governments" (implemented at
24 CFR 44); and the sections of 24 CFR 85, "Uniform Administrative Requirements for Grants and
Cooperative Agreements to State and Local Governments," specified at 24 CFR 570.502(a).
If the Subrecipient is not a government agency, OM S Circular A-122, "Cost Principles for Non-Profit
Organizations," or OMS Circular A-21 , "Cost Principles for Educational Institutions," as applicable;
OMS Circular A-133, "Audits of Institutions of Higher Education and Other Non-Profit Institutions,"
and Attachments A, S, C, F, H, N, and 0 to OMS Circular A-11 0, as specified at 24 CFR 570.502(b).
Subrecipient is prohibited from using funds provided herein for political activities, sectarian or
religious activities, or lobbying activities.
9. PROGRAM INCOME
Program Income (defined at 24 CFR 570.500 and 570.504) derived from the project is anticipated
to be approximately $0.
10. REVERSION OF ASSETS
Any real property under the Subrecipient's control acquired or improved in whole or in part with
CDSG funds (including funds provided to the Subrecipient in the form of a loan) in excess of
$25,000 will be used to meet one of the national objectives in 9570.208 until five years after
expiration of this Contract, or for such longer period of time as determined to be appropriate by the
Grantee.
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).
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13. INDEMNIFICATION
Subrecipient agrees to. indemnify and hold harmless Grantee from any and all claims in any way
related to or arising out of Subrecipient's performance of its obligations hereunder and/or
Subrecipient's failure to perform its obligations hereunder or related to or arising out of any damage
or injury to property or persons, occurring or allegedly occurring in connection with Subrecipient's
performance or non-performance of its obligations hereunder. No payment, however, final or
otherwise, shall operate to release the Subrecipient from any obligations under this Contract.
14. INSURANCE & BONDING
Subrecipient shall carry sufficient insurance coverage to protect contract assets from loss due to
theft, fraud and/or undue physical damage, and as a minimum shall purchase a blanket fidelity bond
covering all employees in an amount equal to cash advances from the Grantee. All policies
providing insurance coverage required to be maintained by Subrecipient hereunder shall list
Grantee, The Augusta-Richmond County Commission and its Mayor, and their officers, agents,
members, employees and successors as named insureds, as their interests may appear, and shall
be issued by an insurance carrier or carriers licensed to do business in the State of Georgia and
reasonably acceptable to Grantee. All such policies shall provide that no act or omission of Grantee
or its agents, servants, or employees shall in any way invalidate any insurance coverage for the
other named insureds. No insurance policy providing any insurance coverage required to be
provided by Subrecipient hereunder shall be cancelable without at least 15 days advance written
notice to Grantee. All insurance policies required hereunder, or copies thereof, shall be provided
to Grantee by Subrecipient.
15. GRANTOR RECOGNITION
Subrecipient shall insure recognition of the role of the grantor agency in providing services through
this contract. All activities, facilities and items utilized pursuant to this contract shall be prominently
labeled as to funding source. In addition, the Subrecipient will include a reference to the support
provided herein all publications made possible with funds made available under this contract.
16. OPEN MEETINGS LAW COMPLIANCE
Y.3
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 meeting sites and it will keep a written agenda,
minutes, attendance, and voting record for each meeting and make the same available for
inspections by the press, the public and the Grantee. The press, public and the Grantee shall not
be denied admittance to the Subrecipient's board meetings.
Subrecipient shall provide to the Grantee a tentative annual schedule of the Board of Directors'
meetings. Publications and minutes of each meeting shall be submitted to Grantee within 30 days
after each meeting.
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17. ASSIGNMENT
Without the prior written consent of the Grantee, this Agreement is not assignable by the
Subrecipient, either in whole or in part.
18. ENTIRE CONTRACT; ALTERATION
This Agreement is the entire agreement between the parties hereto. No alteration or variation in the
terms of this Agreement shall be valid unless made in writing and signed by the parties hereto.
Only one amendment to said agreement shall be allowed during the program year.
19. GENERAL TERMS AND CONDITIONS
a. REPORTS
The Subrecipient agrees to submit to Grantee monthly clients' statistical reports, quarterly
progress reports, financial reports and any other reports that may be specified in Appendix
D.
b. CLIENT DATA
Subrecipient agrees to maintain racial, ethnic, gender, head of household, household
income, and household size data showing the extent to which these categories of persons
have participated in, or benefitted from the project, and to submit this information to the
Grantee within 30 days after December 31,2000.
c. RECORDS TO SE 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 COSG Program;
iii. Records required to determine the eligibility of activities;
iv. Financial records as required by 24 CFR Part 570.502, and OMS Circuar 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 I
and financial records, in connection with the operations and services performed under this I
Agreement, and shall document all transactions so that all expenditures may be properly
audited. If the Subrecipient receives $300,000 or more in combined federal assistance, it '
agrees to obtain an audit conducted in accordance with OMS Circular A-133. However, if
an audit is not required, the Subrecipient agrees to provide quarterly financial reports to the
Grantee. If Subrecipient do not prepare financial statements on a monthly or quarterly basis,
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a detailed list of cash receipts and disbursements should be submitted to Grantee quarterly.
d. ACCESS TO RECORDS
The Subrecipient agrees that the Grantee or any authorized representative has access to
and the right to examine all records, books, papers, or documents related to the project.
e. RETENTION
The Subrecipient hereby severally warrants that all project records, books, papers, and
documents will be retained for a period of not less than four (4) years after the termination
of all activities funded under this contract, or after the resolution of all Federal audit findings,
whichever occurs later and grants the Grantee the option of retention of the project records,
books, papers, and documents. The retention period shall start from the date of submission
of the Grantee's annual performance report, as prescribed in 24 CFR 91.520, in which the
specific activity is reported on for the final time rather than from the date of submission of
the final expenditure report for the award.
f. PERMITS
The Subrecipient agrees to obtain all necessary permits for intended improvements or
activities.
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,
particuJarlythose with whom they have family, business, or other ties. Further, no member,
officer, or employee of Subrecipient who exercises any functions or responsibility with
respect to the program during his or her tenure or for one year thereafter, shall have any
financial interest, direct or indirect, in any contract or subcontract, or the proceeds thereof,
either for themselves or those with whom they have family or business ties, for work to be
performed in connection with the program assisted under this Agreement.
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i. AUTHORIZATION TO EXECUTE AGREEMENT
The undersigned person signing as an officer on behalf of the Subrecipient, a party to this
Agreement, hereby severally warrants and represents that said person has authority to enter
into this Agreement on behalf of said Subrecipient and to bind the same to this Agreement,
and further that said Subrecipient has authority to enter into this Agreement and that there
are no restrictions or prohibitions contained in any article of incorporation or bylaw against
entering into this Agreement.
j. SECTION 504
The Subrecipient hereby certifies that, in the implementation of projects funded by this
Agreement and in all of its other operations, it will comply with all requirements of Section
504 of the Rehabilitation Act of 1973 (29 USC 794 ) (and the implementing regulations at
24 CFR 8), the Americans with Disabilities Act of 1990 (PL 101-336), and all state and local
laws requiring physical and program accessibility to people with disabilities, and agrees to
defend, hold harmless, and indemnify the Grantee from and against any and all liability for
any noncompliance on the part of the Subrecipient.
k. INDEPENDENT CONTRACTOR
Nothing contained in this Agreement is intended to, or shall be construed in any manner to,
create or establish an employer-employee relationship between the parties, nor shall any
employee of the Subrecipient by virtue of this Contract be an employee of the Grantee for
any purpose whatsoever, nor shall any employee of the Subrecipient be entitled to any of
the rights, privileges, or benefits of Grantee employees. The Subrecipient shall be deemed
at all times an independent contractor and shall be wholly responsible for time, means and
manner for performance of the services required of it by the terms of this Contract. The
Subrecipient assumes exclusively the responsibility for the acts of its employees as they
relate to the services provided during the course and scope of their employment.
I. PROCUREMENT
The Subrecipient shall comply with Augusta-Richmond County's current policy concerning
the purchase of equipment and shall maintain an inventory record of all non-expendable
personal property as defined by such policy and as may be procured with funds provided
herein.
20. OTHER PROVISIONS
a. Equal Employment Opportunity
The following provisions (1) and (2) are applicable to all contracts and subcontractst
provisions (3) through (7) are applicable to all non-exempt construction contracts
and subcontracts which exceed $10,000:
(i) The Subrecipient shall not discriminate against any employee or applicant
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for employment because of race, color, creed, religion, sex, age, handicap,
disability, sexual orientation, ancestry, national origin, marital status, familial
status, or any other basis prohibited by applicable law. The Subrecipient
shall take affirmative action to ensure that applicants are employed and that
employees are treated during employment without regard to their race, color,
creed, religion, sex, age, handicap, disability, sexual orientation, ancestry,
or national origin. Such action shall include, but not be limited to the
following: employment, upgrading, demotion or transfer, recruitment or
recruitment advertising, layoff or termination, rates of payor other forms of
compensation, and selection for training including apprenticeship. The
Subrecipient agrees to post in conspicuous places, available to employees
and applicants for employment, notices to be provided setting forth the
provisions of this nondiscrimination clause.
(ii) The Subrecipient will, in all solicitations or advertisements for employees
placed by or on behalf of the Subrecipient, state that all qualified applicants
will receive consideration for employment without regard to race, creed,
religion, sex, age, handicap, disability, sexual orientation, ancestry, national
origin, marital status, or any other basis prohibited by applicable law.
(iii) The 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,
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or as otherwise provided by law.
(vii) The Subrecipient will include the portion of the sentence immediately
preceding paragraph (1) and the provisions of paragraphs (1) through (7) in
every subcontract or purchase order unless exempted by rules, regulations,
or orders of the Secretary of Labor, issued pursuant to Section 204 of
Executive Order 11246 of September 24, 1965, as amended, so that such
provisions will be binding upon each subcontractor or vendor. The
Subrecipient will take such action with respect to any subcontract or
purchase order as HUD may direct as a means of enforcing such provisions,
including sanctions for noncompliance; provided, however, that in the event
a Subrecipient becomes involved in, or is threatened with, litigation with a
subcontractor or vendor as a result of such direction by HUD, the
Subrecipient may request the United States to enter into such litigation to
protect the interests of the United States.
b. Equal Opportunity in Participation
Under the terms of Section 109 of the Housing and Community Development Act of
1974, and in conformance with Grantee policy and all requirements imposed by or
pursuant to the Regulations of HUD (24 CFR Part 570.601 and 570.602) issued
pursuant to Section 109, no person in the United States shall on the ground of race,
color, creed, religion, sex, age, handicap, disability, sexual orientation, ancestry,
national origin, marital status, familial status, or any other basis prohibited by
applicable law be excluded from participation in, be denied benefits of, or be
subjected to discrimination under any program or activity funded in whole or in part
with Community Development Block Grant Program funds.
Specific (not exclusive) Discriminatory Actions Prohibited:
The Subrecipient may not directly or through contractual or other arrangements, on
the grounds of race, color, creed, religion, sexual orientation, ancestry, national
origin. marital status, familial status, age, handicap, disability, sex or other basis
prohibited by applicable law:
I. Deny any facilities, services, financial aid, or other benefits provided under
the program or activity.
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.
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v. Treat an individual differently from others in determining whether the
individual satisfies any admission, enrollment, eligibility, membership, or
other requirement or condition which the individual must meet in order to be
provided any facilities, services, or other benefit provided under the program
or activity.
vi. Deny any person with the legal right to work an opportunity to participate in
a program or activity as an employee.
c. Business and Employment Opportunities for Lower Income Residents, Women-
Owned Business Enterprises, and Minority-Owned Business Enterprises.
The Subrecipient will use its best efforts to afford minority and women-owned business enterprises
the maximum practicable opportunity to participate in the performance of this contract. As used
in this contract, the term "minority and female business enterprise," means a business at least fifty-
one (51 %) owned and controlled by minority group members or women. For the purpose of this
definition, "minority group members" are African-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 Development Act of 1968, (12 USC 1701u), as amended, and the HUD regulations
issued pursuant thereto at 24 CFR Part 135. This Act requires that, to the greatest extent feasible,
opportunities for training and employment be given to lower income residents of the project area,
and contracts for work in connection with the project be awarded to business concerns which are
located in, or owned in substantial part by persons residing in the area of the project. In all
solicitations for bids the contractor must, before signing the contract, provide a preliminary statement
of the work force needs and plans for possible training and employment of lower income persons.
When a Subrecipient utilizes the bidding procedure to let a bid, the invitation or solicitation for bids
shall advise prospective contractors of the requirements of Section 3 of the Housing and Urban
Development Act of 1968, as amended, and the clause shall be inserted as a component part of any
contract or subcontract.
If a Subrecipient solicits or requests an invitation for bids, every effort feasible will be made to
contact minority-owned and women-owned business enterprises for a response to the solicitation
or invitation for bidders.
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e. Nondiscrimination in Federally-Assisted Programs
The Subrecipient will comply with Title VI of the Civil Rights Act of 1964 (PL 88-352, 42USC 2000d
et seq.) and the Fair Housing Act (42 USC 3601-20). In accordance with Grantee Policy and Title
VI of the Civil Rights Act of 1964 (PL 88-352), in the sale, lease or other transfer of land acquired,
leased or improved with assistance provided under this Agreement, the deed or lease for such
transfer shall contain a covenant prohibiting discrimination upon the basis of race, color, creed,
religion, sex, handicap, disability, sexual orientation, ancestry, national origin, marital status, or
familial status, in the sale, lease, or rental, or in the use or occupancy of such land or any
improvements erected or to be erected thereon. The 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 less
than eight households, the Subrecipient and all subcontractors engaged in contracts in excess of
$2,000 for the construction, completion, rehabilitation, or repair of any building or work financed in
whole or in part with assistance provided under this Agreement are subject to the federal labor
standards provisions which govern the payment of wages and the ratio of apprentices and trainees
to journeyworkers. Under the terms of the Davis-Bacon Act, as amended, the Subrecipient is
required to pay all laborers and mechanics employed on construction work wages at rates not less
than those prevailing on similar construction in the locality as determined by the Secretary of Labor,
and shall pay overtime compensation in accordance with and subject to the provisions of the
Contract Work Hours and Safety Standards Act (40 USC 327-332), and the Subrecipient shall
comply with all regulations issued pursuant to these Acts and with other applicable Federal laws and
regulations pertaining to labor standards, including the Copeland "Anti-Kickback" Act. Provided that
if wage rates higher than those required under the regulations are imposed by State or Local laws,
nothing hereunder is intended to relieve the Subrecipient of its obligation, if any, to require payment
of the higher rates.
g. Flood Disaster Protection
This Agreement is subject to the requirements of the Flood Disaster Protection Act of 1973 (PL93-
234). Use of any assistance provided under this Agreement for acquisition or construction in an
area identified as having special flood hazards shall be subject to the mandatory purchase of flood
insurance with the requirements of Section 102(a) of said Act.
h. Clean Air Act and Federal Water Pollution Control Act (Applicable to Contracts and
Subcontracts which exceed $100,000).
The Subrecipient shall comply with and require each subcontractor to comply with all applicable
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
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Neither the Subrecipient program nor the funds provided therefor, nor the personnel employed in
the administration of the program shall be in any way or to any extent engaged in the conduct of
political activities in contravention of Chapter 15 of Title 5, United States Code.
j. Lead-Based Paint
Any grants or loans made by the Subrecipient for the rehabilitation of residential structures with
assistance provided under this Agreement shall be made subject to the provisions for the elimination
of lead-based paint hazards under 24 CFR Part 35. The Subrecipient, at its sole cost, will comply
with the requirements of 24 CFR 570.608 for notification, inspection, testing, and abatement
procedures concerning lead-based paint. Such regulations require that all owners, prospective
owners, and tenants of properties constructed prior to 1978 be properly notified that such properties
may contain lead-based paint. Such notification shall point out the hazards of lead-based paint and
explain the symptoms, treatment, and precautions that should be taken when dealing with lead-
based paint poisoning.
k. Special Assessments
Subrecipient will not attempt to recover any capital costs of public improvements assisted in whole
or in part with funds provided under Section 106 of the Act or with amounts resulting from a
guarantee under Section 108 of the Act by assessing any amount against properties owned and
occupied by persons of low and moderate income, including any fee charged or assessment made
as a condition of obtaining access to such public improvements, unless: (1) funds received under
Section 106 of the Act are used to pay the proportion of such fees or assessment that relates to the
capital costs of such public improvements that are financed from revenue sources other than under
Title I of the Act, or (2) for purposes of assessing any amount against properties owned and
occupied by persons of moderate income, the grantee certifies to the Secretary of HUD that it lacks
sufficient funds received under Section 106 of the Act to comply with the requirements of
subparagraph (1).
I. Acquisition, Rehabilitation, and Demolition of Real Property and Displacement of
Persons and Businesses
Subrecipient will comply with the "Grantee's Community Development Block Grant Program Plan
for Minimizing the Displacement of Persons as a result of Community Development Block Grant
Funded Activities" and the Grantee's Community Development Block Grant Program 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 CFR 570.606. Unless specifically permitted in Appendix B or
Appendix C, Subrecipient will not cause either temporary or permanent involuntary displacement
of persons or businesses. If Subrecipient causes the involuntary temporary or permanent
displacement of any person or business as a result of Community Development Block Grant
Activities, it shall comply with the Grantee's "Plan to Assist Persons Actually Displaced by
Community Development Block Grant Activities," and Subrecipient shall provide all notices,
advisory assistance, relocation benefits, and replacement dwelling units as required by the Uniform
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Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, Section
104(d) of the Act, and the implementing regulations at 49 CFR 24 and 24 CFR 570.606.
Subrecipient hereby agrees to defend, to pay, and to indemnify the Grantee from and against any
and all claims and liabilities for relocation benefits or the provision of replacement dwelling units
required by federal statutes and regulations in connection with activities undertaken pursuant to this
Agreement.
m. Lobbying Restrictions
Subrecipient certifies that, to the best of its knowledge and belief:
No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person
for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of any Federal Grant, the 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.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by Section 1352, Title 31, United States Code. Any person
who fails to file the required certification shall be subject to a civil penalty of not less than $10,000
and not more than $100,000 for each such failure.
n. Provisions Required by Law Deemed Inserted
Each and every provision of law and clause required by law to be inserted in this Contract shall be
deemed to be inserted herein and the contract shall be read and enforced as though it were
included herein, and if through mistake or otherwise any such provision is not inserted, or is not
correctly inserted, then upon the application of either party the contract shall forthwith be physically
amended to make such insertion or correction.
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o. HISTORIC PRESERVATION
If applicable, the Subrecipient agrees to comply with the Historic Preservation requirements set for
in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures
set forth in CFR, Part 800, Advisory Council of Historic preservation Procedures for Protection of
Historic properties, insofar as they apply to the performance of this contract.
In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation
and demolition of historic properties that are fifty years old or older or that are included on a Federal,
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.
IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first written
above.
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> W{'a aenner
Clerk of C
ATTEST:
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By:
~~en
As its ~rate Secretary
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~iain Witness)
Mich I J. Firmin
Executive Director
APPENDIX A
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Proiect Area
The project is located at 1891 Old Savannah Road, Augusta, Georgia 30901.
APPENDIX B
Goals, Obiectives, and Tasks
The purpose of the Golden Harvest Food Bank is to fight hunger by providing food to needy low
income individuals and families. The agency solicits, collects and warehouses grocery products and
then distributes these grocery products to the hungry in Georgia.
The Faith Food Factory project will provide a new 10,000 sq. ft. metal building which will have a
small office and restroom, and a large sorting-floor with a loading dock/overhead door. This project
will not only add one two-million pounds of food annually to the Food Bank's distribution, but will also
provide food assistance to the needy families within the low-income census tracts. This project will
enable low-income residents of the neighborhood to access food assistance which is not currently
available close at hand. Additionally the food bank will ship food from the Faith Food Factory to
various distribution sites throughout Augusta-Richmond County.
CDBG funds will be used to pay for 39% of the estimated total project cost of $330,000 needed to
establish the Faith Food Factor.
APPENDIX C
Budoet
Construction Cost
$130,000
Community Development Block Grant
Source of Funds:
I Year 1999 - 99181 I Reprogrammed on August 1, 2000 I $ 130,000.00
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APPENDIX D
Reoortina Requirements
The Subrecipient shall submit to the Grantee the following reports for the term of this agreement.
Monthly Statistical @
nllP eiil,,1:J mnnth hy thp 1 i:;th fer tRe Pll!v ivu;) IllUlltl.. Fil ;)lll::tJVI t due gc~t9mb9r 1 e I 2006'.
1.
2. Quarterly & Financial Progress Reports
October 15, 2000 and January 15, 2001.
3. Annual Report. Due January 30, 2001.
4. Audit Report. Due 30 days after completion of audit.
5. Use of Facility Certification - Assurance that the facility continues to be used for its intended
purpose for five years.
6. Copy of Bid Invitation
7. Copy of Construction Contract
8. Inspection Reports
9. Construction Schedule
10. Copy of the Certificate of Occupancy.
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