HomeMy WebLinkAboutLaney Walker Development Corporation
Augusta Richmond GA
DOCUMENT NAME: L.Ctne,y Wa..\ 'K er beve-top rY\errt Co 'fPO rCLtl 0 t,
DOCUMENT TYPE: C Dntro...e--f:
YEAR: 02.
BOX NUMBER: } 7
Fll-E NUMBER: I, (OLl9 3
NUMBER OF PAGES: 2
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CONTRACT BETWEEN AUGUSTA, GEORGIA
AND
LANEY WALKER DEVELOPMENT CORPORATION
FOR
YEAR 2000 ($142,278.520 and 2001 ($252,721.48) COMMUNITY DEVELOPMENT BLOCK
GRANT PROGRAM
THIS AGREEMENT, made and entered into on this 16th day of September, 2002, 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 LANEY WALKER DEVELOPMENT CORPORATION (L-WDC,
(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 G'rant, 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.
NOW, THEREFORE, the parties hereto do mutually agree as follows:
1. SCOPE OF SERVICE
The Subrecipient shall perform all the necessary services provided under this Contract in
accordance with and respecting the following project:
ARMSTRONG GALLERIA PHASE II
A. GENERAL PURPOSE-- The Subr~cipient has agreed to a development plan t~at will entail the
construction of retail space in the' Armstrong Galleria Shopping Center. L-WDC will attract
private investors to leverage additional capital needed to complete the construction of 6,000
square feet of retail space. The location of the project will .include the north side of Laney
Walker Boulevard generally between Eighth Street and Summer Street. The entrances to the
plaza will be oriented from Ninth Street to face the parking lot. The new commercial buildings
will be built in a row parallel to Laney-Walker Boulevard with the outermost buildings being
anchor.
B. ANTICIPATED WORK-- $395,000 of CDBG funds have been progammed to this project. The
CDBG funds programmed for the project is for the construction of addiontional retail space in the
Armstrong Galleria Shopping Center to be developed by Laney-Walker Development Corp. The
Subrecipient is to have contracts for architectural services" soil surveying, engineering,
development management services, and other such non-construction services as the Subrecipient
and the Grantee may deem necessary to carry out the project, with said services having been
acquired in a manner consistent with the procurement policies described in Paragraph 111.C(4). The
Subrecipient's contract cost for architectural, engineering, and development management services
shall not exceed 10% of the total estimated construction costs and in no event shall the schedule
of payment for these services relative to the amount of construction completed exceed industry
norms. The balance of the CDBG funds covered by this agreement shall be spent on Armstrong
Galleria Phase II construction costs.
C. PHYSICAL DESIGN -- The Subrecipient propose to develop Armstrong Galleria Phase II
neighborhood shopping center located on the north side of Laney Walker Boulevard generally
between Eighth Street and Summer Street. The entrances to the plaza will be oriented from Ninth
Street to face the parking lot. The new commercial buildings will be built in a row parallel to Laney-
Walker Boulevard with the outermost buildings being anchor stores.
D. METHOD OF DEVELOPMENT-- The project will be carried out by the Subrecipient through
private contracts for non-construction services and construction. The development of the shoppimg
center will be accomplished by attracting private investors to leverage additional capital needed to
complete the construction of 6,000 square feet of retail space. Since the Grantee is contributing
federal funds to the project, the project will have to follow such procedures as are dictated by
federal law.
A. ROLES OF THE PARTIES INVOLVED-- The essence of the project ideal is the creation of a
urban retail shopping space to concentrate economic development as a catalyst to create
economic opportunity in this currently depressed and underserved community.
(1) The Grantee will provide governmental services and a substantial portion of financial resources
needed to build the shopping center. Governmental services to be provided by the Grantee
include the organization of the project in a manner that allows for passage of needed
resolutions, and public leadership in redevelopment. The funding sources to be used by the
Grantee for this project include Community Development Block Grant
(2) The Subrecipient is to plan and promote the project in consultation with the Grantee. The
Subrecipient is to enter contracts for the professional services and construction needed to develop
and maintain the project. The Subrecipient shall be the party primarily responsible for the project
throughout its design, constructi:on, and continued operation. The Subrecipient shall be responsible
for the continuing management of the shopping center as it is envisioned in this agreement and
subject to development agreements with property owners that are to be implemented pursuant to
this agreement. The Subrecipient shall provide a detailed schedule of construction and non-
construction work that includes tang'ible work products and measurable goals. The Subrecipient
shall work to obtain the cooperation and fullest possible financial participation by owners of
properties within the project.
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(3) Private property owners within the shopping center are, with some property management
support from the Subrecipient, to cause to operate in their buildings such appropriate businesses
as are described in this agreement. They are to maintain and operate their buildings according to
development agreements executed with the Subrecipient prior to development which will be
instituted to promote the continued operation of an attractive neighborhood-oriented convenience
center. Private property owners in the project are also to cooperate with the Subrecipient in
common area maintenance, joint promotions, etc.
(4) The project will require the services of certain private contractors. Oversight of the overall
planning and coordination of key development activities among other project participants in order
to achieve the results desired by the Grantee and the Subrecipient shall be provided by a
development manager hired by the Subrecipient. An Architect will be hired by the Subrecipient to
provide design services, bid document preparation, construction contract negotiation, and
construction management. Other services to be acquired as needed include land surveys, soil
testing, engineering, insurance, real estate appraisal, maintenance, and propertY management.
Procurement of all construction and non-construction services shall be done in accordance with the
procurement procedures set forth in 24 CFR Part 85.
2. TERM; TERMINATION
a:'q,. The services of the Subrecipient are to commence on or before October 1, 2002 and be
undertaken aile. 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,
2003 or until this Agreement is otherwise terminated.
b. . The parties agree that the Grantee may terminate this Contract or any work or delivery
requited 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 Notite 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. respecttoany agreement or provision contained
herein upon 15 days written notice to ttie 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
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(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 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 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. PERSONNEL
a. Subrecipient shall assign to this Contract the following key personnel:
Director-Project Manager
Property Manager
Administrative Assistant/Secretary
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 Subrecipient within 30 days following on-site monitoring by
the Grantee, contract termination procedures will be initiated.
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5. INSPECTION AND ACCEPTANCE
All tasks and reports shall be conducted and completed in accordance with recognized and
customarily accepted industry practices, and shall be considered complete when services are
approved as acceptable by the Grantee in writing. In the event of rejection of any tasks, reports,
etc., Subrecipient shall be notified in writing and shall have ten (10) working days from date of
issuance of notification to correct the deficiencies and re-submit acceptable work within said
ten-day period. Failure to submit acceptable work within said ten-day period shall constitute a
breach of this contract for which the Subrecipient may be held in default.
6. SEVERABILITY
If any term or condition of this Agreement is found by a court of competent jurisdiction to be void
or invalid, such invalidity shall not affect the remaining terms and conditions of this Agreement,
which shall continue in full force and effect.
7. GRANT AND SECURITY THEREFOR
The Subrecipient shall be granted a total amount of $395,000,00. The purpose of this agreement,
is to provide $395,000 in Community Development Block Grant (CDBG) funds to accomplish the
project with the CDBG funds and other funds that are expected to be available within the grant
period, which is from October 1, 2002 until December 31, 2003,
for 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. Funding
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. 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.
8. USE OF FUNDS
Use of funds received pursuant to this Agreement shall be in accordance with the requirements
of the Housing and Community Development Act of 1974 (as amended), 24 CFR Part 570 and
other regulations governing the Community Development Block Grant Program, and any
amendments or policy revisions thereto which shall become effective during the term of this
Agreement. A copy of said regulations is incorporated by reference.
Any unused funds remaining at the expiration of this agreement shall revert to Grantee.
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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.
The shopping center is intended to serve the needs of the typical lower-income neighborhood
consumer. (Shopping center businesses will be assumed to serve average neighborhood residents
if their products, services, pricing, and marketing would be construed by a reasonable person to be
oriented toward a pUrchase by lower-income persons.) The anchor businesses will be drug store,
resturant or a retail facility. Anticipated retail tenants include such businesses as a dry cleaner, a
shoe store, a video rental store, a clothing store, etc. The space provided within the project shall
not generally be for office uses, except such office uses as may be deemed by the Grantee to
provide services to typical lower-income neighborhood consumers.
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-8l, "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, OMS Circular A-122, "Cost Principles for Non-Profit Organizations," or OMS Circular A-
21, "Cost Principles for Educational Institutions," as applicable; and OMS A-11 0, as specified at
24 CFR 5l0.502(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 zero dollars. If applicable, the project use of the program income shall be
determined by the Grantee before execution of this Contract. The Subrecipient shall report all
"monthly" program income as defined at 24 CFR 570.504 on a quarterly basis. The
Subrecipient may use such income during the contract period for the designated use and shall
reduce requests for 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 to
retain the said income or said income by revert to the Grantee's Community Development Block
Grant Program. If the Subrecipient is allowed to retain program income, the Director shall
designate its use and the reporting requirements. Any interest earned on cash advances from
the U.S. Treasury is not program income and shall be remitted promptly to the Grantee.
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The commercial/retail space, shall be leased or sold under such terms as are needed to
maintain the project's integrity but the proceeds of any such lease or sale shall be subject to the
program income provisions of this agreement as stated in Part IV. The commercial/retail space
will subject to such covenants, deed restrictions, or other condtions as may be necessary to
maintain the integrity of the project. The Subrecipient shall produce a plan for the ownership and
management of the project for the Grantee's review and approval. The conditions and
restrictions of this plan shall become part of agreements to be entered between the
Subrecipient, and owners of property within the project prior to construction of the project. It
shall be the duty of property owners to construct, maintain, and/or use their properties in
accordance with the agreements they enter pursuant to this Paragraph.
10. REVERSION OF ASSETS
At the time of the expiration of this agreement and subject to the provisions of 24 CFR 570.530
(b) (8), any CDBG funds held by the Subrecipient and any other assets attributable to the use of
CDBG funds shall be transferred to the Grantee or otherwise dealt with in a manner determined
appropriate by the Grantee subsequent to the expiration of this agreement.
Any real property under the Subrecipient's control acquired or improved in whole or in part with
CDBG funds (including funds provided to the Subrecipient in the form of a loan) in excess of
$25,000 will be used to meet one of the national objectives in ~ 570.208 until five year after
expiration of this contract, or for such longer period of time as determined to be appropriale by
the Grantee.
11. INDIRECT COSTS
Indirect costs will only be paid if Subrecipient has an 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
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.
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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 insured, 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 insured. .
Additionally, the Sub-recipient shall procure officers and directors liability insurance under policies
to be approved by the Grantor. All of the above policies shall provide that no act or omission of the
Grantee, its agent, servants or employees shall invalidate any insurance coverage for 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
Subrecipient is subject to the Georgia Open Meetings Law if it receives more than 33 1/3% of its
funds from taxpayer sources. Accordingly, the Subrecipient will take the following compliance
measures: it will notify the Augusta Chronicle, and the Augusta Focus or the Metro Courier of its
regular board meeting schedule and of any special called meetings except emergency meetings;
it will post notices of its meetings in a public place at the meeting sites and it will keep a written
agenda, minutes, attendance, and voting record for each meeting and make the same available for
inspections by the press, the public and the Grantee. The press, public and the Grantee shall not
be denied admittance to the Subrecipient's board meetings.
Subrecipient shall provide to the Grantee a tentative annual schedule of the Board of Directors'
meetings. Publications and minutes of each meeting shall be submitted to Grantee within 30 days
after each meeting.
17. ASSIGNMENT
Without the prior written consent of the Grantee, this Agreement is not assignable by the
Subrecipient, either in whole or in part.
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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.
To the extent the Code and the regulations promulgated thereunder, or any amendments
thereto, shall impose requirements upon the ownership or operation of the Project, which
requirements shall be applicable by their terms to the Project and which are more restrictive
than those imposed by this Agreement, the Subrecipient and the Grantee agree that this
agreement shall be deemed to be automatically amended to impose such additional or more
restrictive requirements.
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 data showing the extent to which
these categories of persons have participated in, or benefited from the project, and to
submit this information to the Grantee by January 1, 2004.
c. RECORDS TO BE MAINTAINED
Subrecipient shall maintain all records required by the federal regulations specified in 24
CFR Part 570.506, and that are pertinent to the activities to be funded under this contract.
Such records shall include but are not limited to the items listed below:
(1) Records providing a full description of each activity undertaken;
(2) Records demonstrating that each activity undertaken meets one of the
National Objectives of the CDBG Program;
(3) Records required to determine the eligibility of activities;
(1) Financial records as required by 24 CFR Part 570.502, and OMB Circular
A-133; and
(5) Other records necessary to document compliance with Subpart K of 24 CFR
570.
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Subrecipient agrees to keep all necessary books and records, including property, personnel
and financial records, in connection with the operations and services performed under this
Agreement, and shall document all transactions so that all expenditures may be properly
audited. If the Subrecipient receives $300,000 or more in combined federal
assistance, it agrees to obtain an audit conducted in accordance with OMS Circular
A-133. However, if an audit is not required, the Subrecipient agrees to provide quarterly
financial reports to the Grantee. If Subrecipient do not prepare financial statements on a
monthly or quarterly basis, a detailed list of cash receipts and disbursements should be
submitted to Grantee quarterly.
d. ACCESS TO RECORDS
The Subrecipient agrees that the Grantee or any authorized representative has access to
and the right to examine all records, books, papers or documents related to 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, particularly those with whom they have family, business, or other ties. Further, no
member, officer, or employee of Subrecipient who exercises any functions or responsibility
with respect to the program during his or her tenure or for one year thereafter, shall have
any financial interest, direct or indirect, in any contract or subcontract, or the proceeds
thereof, either for themselves or those with whom they have family or business ties, for work
to be performed in connection with the program assisted under this Agreement.
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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 by procured with funds provided
herein.
20. OTHER PROVISIONS
a. Equal Employment Opportunity
The following provisions (1) and (2) are applicable to all contracts and subcontracts;
provisions (3) through (7) are applicable to all non-exempt construction contracts
and subcontracts which exceed $10,000:
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(1) The Subrecipient shall not discriminate against any employee or applicant
for employment because of race, color, creed, religion, sex, age, handicap,
disability, sexual orientation, ancestry, national origin, marital status, familial
status, or any other basis prohibited by applicable law. The Subrecipient
shall take affirmative action to ensure that applicants are employed and that
employees are treated during employment without regard to their race, color,
creed, religion, sex, age, handicap. disability, sexual orientation, ancestry,
or national origin. Such action shall include, but not be limited to the
following: employment, upgrading, demotion or transfer, recruitment or
recruitment advertising, layoff or termination, rates of payor other forms of
compensation, and selection for training including apprenticeship. The
Subrecipient agrees to post in conspicuous places, available to employees
and applicants for employment, notices to be provided setting forth the
provisions of this nondiscrimination clause.
(2) 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, ancestlY, national
origin, marital status, or any other basis prohibited by applicable law.
(3) 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.
(4) 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.
(5) 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.
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(6) 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 fE!1:lerally 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.
(7) 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:
(1) Deny any facilities, services, financial aid, or other benefits provided under
the program or activity.
(2) 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.
13
(3) 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.
(4) 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.
(5) 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.
(6) 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 use 1701 u), as amended,. and the HUD
regulations issued pursuant thereto at 24 CFR Part 135. This Act requires that, to the greatest
extent feasible, opportunities for training and employment be given to lower income residents of the
project area, and contracts for work in connection with the project be awarded to business concerns
which are located in, or owned in substantial part by persons residing in the area of the project. In
all solicitations for bids the contractor must, before signing the contract, provide a preliminary
statement of the work force needs and plans for possible training and employment of lower income
persons. When a Subrecipient utilizes the bidding procedure to let a bid, the invitation or solicitation
for bids shall advise prospective contractors of the requirements of Section 3 of the Housing and
Urban Development Act of 1968, as amended, and the clause shall be inserted as a component
part of any contract or subcontract.
14
If a Subrecipient solicits or requests an invitation for bids, every effort feasible will be made to
contact minority-owned and women-owned business enterprises for a response to the solicitation
or invitation for bidders.
e. Nondiscrimination in Federally-Assisted Programs
The Subrecipient will comply with Title VI of the Civil Rights Act of 1964 (PL 88-352, 42USC 2000d
et seq.) 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 forresidential 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).
15
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. 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 lTlade subject to the provisions for the
elirnination 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.
j. Provisions of the Hatch Act
Neither the Subrecipient program nor the funds provided therefor, nor the personnel employed in
the administration of the program shall be in any way or to any extent engaged in the conduct of
political activities in contravention of Chapter 15 of Title 5, United States Code.
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
16
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 calise either tempormy or permanent involuntary displacement
of persons or businesses. If Subrecipient causes the involuntary temporary or permanent
displacement of any person or business as a result of Community Development Block Grant
Activities, it shall comply with the Grantee's "Plan to Assist Persons Actually Displaced by
Community Development Block Grant Activities," and Subrecipient shall provide all notices,
advisory assistance, relocation benefits, and replacement dwelling units as required by the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, Section
1 04( 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
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.
17
n. Provisions Required by Law Deemed Inserted
Each and every provision of law and clause required by law to be inserted in this Contract shall be
deemed to be inserted herein and the contract shall be read and enforced as though it were
included herein, and if through mistake or otherwise any such provision is not inserted, or is not
correctly inserted, then upon the application of either party the contract shall forthwith be physically
amended to make such insertion or correction.
o. HISTORIC PRESERVATION
If applicable, the 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.
c. A schedule for completion of project shall be submitted to Grantee within 30 days
after execution of this agreement. The schedule shall be in sufficient detail for
Grantee to monitor the performance of this agreement.
d. A schedule outlining how the $395,000.00 in construction funds will be allocated
shall be submitted to Grantee within 30 days after execution of this agreement. The
schedule shall be in sufficient detail for Grantee to monitor the performance of this
agreement.
f. 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.
2. Quarterly Progress Reports
Due April 15, 2001, JUly 15, 2001, October 15, 2001 and January 15, 2002.
3 Annual Progress Report
4. Audit/Financial Report
18
IN WITNESS WHEREOF, the parties have set their hands and seals as of the date
first written above.
~ .
riBY
AUGUSTA, GEORGIA
~Grantee)
~b~~
As its Mayor
ATTEST:
$:E A L -
~~
na'J. Bonner
Clerk of Comm.ission
'-
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::: ;:7.{\ TTJ~$-P. =:- :: --';::.::
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:'--~S'(E'A L
Laney Walker Development Corporation
BR~'~_~J' 'V
As its President
19
ATTACHMENTS
1. Community Development Block Grant Entitlement Program 24 CFR 570
,
. 2. OMS" Circular A-122
''!Cost Principles for Non-Profit Organizations"
'. -
3.
-
,- OMB Circular A-110 - Attachments A, B, C, F, H, N, 0:
~ '_~Uniform Administrative Requirements for Grants and Agreements with Institutions
"o'f Higher Education, Hospitals, & Other Non-Profit Organizations"
4. OMB Circular A-133, "Audits of Institutions of Higher Education and Other Non-Profit
Institutions" (Non-profit organizations that expend $300,000 or more in a year in
Federal awards shall have a single audit or program-specific audit conducted for
that year in accordance with OMB Circular A-133.)
5. Augusta-Richmond County Procurement Policy
6. HND Performance Manual
FORMS
Reimbursement Request
Time Sheet
Monthly Program Progress Report (No form attached)
Annual Program Progress Report .
20
AUGUSTA-RICHMOND COUNTY COMMISSiON
BOB YOUNG
Mayor
STAFF ArrORNEYS
MICIIAEL R. DAVIS
VANESSA FLOURNOY
SPARTlCIJS HEYWARD
U:" B"ARD
TOMMY 1l0YL"S
ULMER BRIDGES
ANDY CHEEK
BOBBY G. HANKERSON
WU.LlMl II. KUHLKE, JR.
WM. "WILLIE" H. MAYS, '"
STEPHEN E. SHf:PARD
MARION WILLIAMS
.JAMES B. WALL
CITY ATTORNEY
AUGUSTA LAW DEPARTMENT
RICHAIW L. COLCLOUGH
i'vlayor Pro Tem
GEORGE R. KOLB
Administrator
December IS, 2002
Please Reply to:
P.O. Box 2125
Augusta, GA 30903
(706) 821-2488
Fax (706) 722-5984
jwall@eo.richmond.ga.us
Ms. Lena Bonner
Clerk, Commission
Sth Floor, City-County Bldg.
Augusta, GA 30911
RE: Contract Between Augusta and
Laney Walker Development Corporation
Dear Lena:
J enclose herewith an original of the fully executed Contract between Augusta and
Laney Walker Development Corporation.
By carbon copy of this letter, I am forwarding a duplicate original to Norman
Michaels for delivery to Laney Walker Development Corporation.
With best personal regards, I am
Yours very truly,
~
.Tames B. Wal1/to-fO
JBW/sjp
Enclosures
cc: Mr. Norman Micheals