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HomeMy WebLinkAboutNeighborhood Matching Grant Augusta Richmond GA DOCUMENTNAME:)J -e/Bh boy-heed Hawhit1j Grant-- DOCUMENT TYPE: CD ntr ti: 6-r YEAR: 1J5D D BOX NUMBER: OJ FILE NUMBER: J t+ LP ?ff NUMBER OF PAGES: / J --- '\'. ,. .. 1 "' CONTRACT BETWEEN AUGUST A, GEORGIA AND EAST AUGUSTA NEIGHBORHOOD ASSOCIA TION, INC. FOR THE NEIGHBORHOOD MATCHING GRANT PROGRAM THIS AGREEMENT, made and entered into on this 1st day of March, 2000, by and between AUGUSTA, GEORGIA, by and through the Augusta-Richmond County Commission, as the Implementor of the Neighborhood Matching Grant Program (hereinafter referred to as "Grantee"), and East Augusta Neighborhood Association, Inc. (hereinafter referred to as the "Subrecipient"). WHEREAS, pursuant to such Grant, the Grantee is undertaking certain programs and . services necessary for the planning, implementation and execution of such a Neighborhood Matching Grant Program; and WHEREAS, the Grantee desires to engage the Subrecipient to complete the work activities described in this contract. 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: East Augusta Crime Watch Program 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 this agreement. The East Augusta Neighborhood Association has a detailed Crime Watch Program. The Crime 'Watch Program consist of purchasing (1) 2 CB Base Station Radios & Antennas, (2) 4 Scanners, (3) 30 Navy Blue Patrolling cold weather jackets with logo, (4) 35 Navy Blue Patrolling summer T-shirts with logo, (5) 13 amber low dome magnetic strobe lights for mounting on vehicles and (6) Identification Sign at entrance of Marion Homes. The project will help to decrease crime in the area while increasing neighborhood awareness within the community. 2. TERMS a) The services of the Subrecipient are to commence on March 1. 2000, and shall be undertaken and completed in February 28. 2001. If there is any extension of time granted, said extension shall be in writing by the Grantee. , ;' 2 b) The parties agree that the Grantee may terminate this Contract or any work or delivery required hereunder, from time to time, either in whole or in part, whenever the Commission, on recommendation from the Director of the Housing and Neighborhood Development Department (HND), shall determine that such termination is in the Grantee's best interest. Termination, in whole or in part, shall be effected by delivery of a Notice of Termination signed by the Mayor, mailed or delivered to Subrecipient, and specifically setting forth the effective date of termination. c) Either party may terminate this Contract, without further obligation, for the default of the other party or its agents or employees with respect to any agreement or provision contained herein upon 15 days written notice to the other party. All reports or accountings provided for herein shall be rendered whether or not falling due within the contract period. d) Further, the Grantee reserves the right to terminate this contract upon written notification to the Subrecipient, 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 pertaining to the matching leverage (3) Expends funds under this Agreement for ineligible activities, services, or items (4) Fails to comply with written notice from the Grantee of substandard performance under the terms of this Agreement 3. KEY PERSONNEL a) Subrecipient shall assign to this Contract the following key personnel: i. Mr. Walter Thomas, President . ii. Mr. Sam Crowder, Chairman of the Board iii. Mr. Sidney Hutchinson, Crime Watch Coordinator b) During the period of performance, Subrecipient shall make no substitutes of key personnel unless illness, death, or termination of employment necessitates the substitution. Subrecipient shall notify the grantee's Director of HND within five (5) calendar days after the occurrence of any of these events and provide the following information, provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete 3 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 person being replaced. The Grantees' 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. 5. TERMINATION Grantee may terminate this contract at any time and for any reason. Grantee must first give the Subrecipient written notice, which will state the corrective action that the Subrecipient must take. The Subrecipient must take such corrective action within the time stated in that notice to the acceptable satisfaction of Grantee. If the corrective action is not acceptable to Grantee, then Grantee may terminate the contract immediately without any further notice. In such event, all finished documents and other materials collected or produced under this contract shall, at the option of Grantee, become its property. 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. COMPENSATION The subrecipient shall be paid a total consideration of $7.004.88 for full performance of the services specified under this agreement. Any cost above this amount shall be the sole. responsibility of the Subrecipient. The Subrecipient shall submit requests (invoices) for payments to the Housing and Neighborhood Development (HND) Department. Compensation shall be allowed only after proper supporting documentation has been submitted in conformity with the approved and executed budget. 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. 4 8. MATCH The Subrecipient is responsible for matching the $7.004.88 grant received from HND with cash, volunteer labor, or in-kind donations. The Subrecipient must complete the aforementioned terms satisfactorily. The Subrecipient will not be eligible for Neighborhood Matching Grant Fund for a period of two years if they fail to complete the match requirement. 9. 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. 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 (16USC 470), Section 504 of the Rehabilitation Act of 1973 (29 use 794 ) (and the implementing regulations at 24 CFR 8), the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975 (42 USC 6101) (and the implementing regulations at 24 CFR 146), the prohibition against using debarred contractors at 24 CFR 570.609, and Executive Orders 11063, 11246, 11375, 12086, and 12259. - 10. REVERSION OF ASSETS Any real property under the Subrecipient's control acquired or improved in whole or in part with CDBG funds (including funds provided to the Subrecipient in the form of a loan) in excess of $25,000 will be used to meet one of the national objectives in 9570.208 until five years after expiration of this Contract, or for such longer period of time as determined to be appropriate by the Grantee. 11. 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 obligations under this Contract. 5 12. INSURANCE & BONDING Subrecipient shall carry sufficient insurance coverage to protect contract assets from loss due to theft, fraud and lor undue physical damage. 13. 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. 14. ASSIGNMENT Without the prior written consent of the Grantee, this Agreement is not assignable by the Subrecipient, either in whole or in part. 15. 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. 16. GENERAL TERMS AND CONDITIONS A. REPORTS The Subrecipient agrees to submit to Grantee program progress and financial reports and any other reports that may be specified in Appendix D. B. RECORDS TO BE MAINTAINED 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 Agreemeht, and shall document all transactions so that all expenditures may be properly audited C. ACCESS TO RECORDS The Subrecipient agrees that the Grantee or any authorized representative has access to and the right to examine all records, book, papers, or documents related to the project. 6 17. RETENTION The Subrecipient hereby severally warrants that all project records, book, papers, and documents will be retrained 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. 18. PERMITS The Subrecipient agrees to obtain all necessary permits for intended activities. 19. 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 Sub recipient has authority to enter into this Agreement and that there are on restrictions or prohibitions contained in any article of incorporation or bylaw against entering into this Agreement. 20. PROCUREMENT The subrecipient shall comply with the City of 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 as may be procured with funds provided herein. 21. EQUAL OPPORTUNITY IN PARTICIPATION A. 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. 7 B. 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 member 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. 22. LABOR STANDARDS Except with respect to the rehabilitation of residential property designed for residential use for less that eight households, the Subrecipient and all subcontractors engaged in contract in excess of $2,000 for 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 provision' which govern the payment of wages and the ratio of apprentices and trainees to journey workers. 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 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 SaJety 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 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. 23. MISCELLANEOUS 1. This Agreement shall be governed by and construed according to the laws of the State of Georgia. 2. Time shall be of the essence to this Contract, except where it is herein specifically provided to' the contrary. 8 IN WITNESS WHEREOF, the parties have set their hands and seals as of th~ date first written above. ATTEST: rJJBy: ~ AUGUSTA. GEORGIA (Grantee) ~ - - - ;;:...: " ------ " 07~' ~/~ ATTEST: ~~~ Sam Crowder Chairman of Board EAST AUGUSTA NEIGHBORHOOD ASSOCIATION. INC. (Sub recipient) _ By)D~t.b Walter E. Thomas President SEAL ~~ (Plain witness) '. 9 APPENDIX A Proiect Area The project is located in Augusta-Richmond County, East Augusta Subdivision. APPENDIX B Goals. Obiectives. and Tasks The goal of the East Augusta Neighborhood Association Crime Watch Program is to provide a safe and protected environment for the community residents within the East Augusta Boundary. The' objective is to patrol the community in efforts to reduce the crime and violence while increasing community awareness and participation. This project will also provide help to any residents in the East Augusta Community that may be in need. A schedule of completion of this activity shall be submitted to grantee within 15 days after the execution of this agreement. The schedule shall be in sufficient detail for Grantee to monitor the performance of this agreement. Responsibilities of Subrecipient: 1. .. Subrecipient shall maintain records to document' match to include time sheets for volunteer hours value of donated materials and equipment and cash receipts. 2. Subrecipient shall maintain a trip log to include the date of each trip, driver, purpose of trip, time origin & destination of trip. APPENDIX C Budaet I. Gas for patrolling vehicles ii. 2 each CB Base Station Radios iii. 4 each Scanner iv. 2 each CB Base Antenna v. 30 each Winter Patrolling Jackets vi. 35 each Summer T-shirts/logo vii. 1 each Entrance Sign VIII. 13 each Mounting Amber Strobe Lights Total $780.00 722.09 679.96 169.58 1,144.80 852.56 1,480.00 1.175.89 $7,004.88 ~, ~ 10 APPENDIX D Reoortina Reauirements The Subrecipient shall submit to the Grantee the following reports for the term of this agreement: 1. Submit monthly reports of invoices of work completed on designated project area and lor work activities outlined in project description. 2. Submit monthly reports on match activities according to guidelines as outlined in project description. Match includes cash, volunteer labor, in-kind donations, and lor materials/supplies.