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HomeMy WebLinkAboutNeighborhood Matching Grant Program Augusta Richmond GA DOCUMENT NAME: X"eACjD m'<hxd mmcK\\'Oj g'(ont- ~'(03tOrn DOCUMENT TYPE: c:D<m'ac.--t YEAR: .~ BOX NUMBER: ()3 FILE NUMBER: \ LA '?JQ L\ NUMBER OF PAGES: \() ..,'. 'i' _.1' 'i' . CONTRACT BETWEEN THE CITY OF AUGUSTA-RICHMOND COUNTY AND THE HYDE PARK/ARAGON NEIGHBORHOOD ASSOCIATION FOR THE NEIGHBORHOOD MATCHING GRANT PROGRAM THIS AGREEMENT, made and entered into on this 1st day of June. 1999, by and between AUGUST A, GEORGIA, by and through the Augusta-Richmond County Commission, as the Implementor of the Neighborhood Matching Grant Program (hereinafter referred to as "GraIitee"), and Hyde Park! Aragon Park Neighborhood Association, (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 hen~to 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: Hyde Park! Aragon Park Neighborhood Association Markers/Community Awareness 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 Hyde Park!AragonPark Neighborhood AssoCiation has detailed' two plans to Increase community awareness: 1. Neighborhood Markers indicating the entrance into the Hyde-Aragon- Virginia Subdivision. 2. Community Awareness Videos that will provide the residents of this subdivision of instructional videos on resolving conflicts concelning the well being of the community. Page 1 of 10 -;- .. 2. TERMS a. The services of the Subrecipient are to commence on June 1. 1999, and shall be undertaken and completed in May 31. 1999. If there is any extension of time granted, said extension shall be in writing by the Grantee. 1. 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. 2. 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. 3. 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. Page 2 of 10 3. KEY PERSONNEL 1. Subrecipient shall assign to this Contract the following key personnel: 1. Mr. Charles Utley 2. Mr. Melvin Stewart 3. Mr. Arthur Smith 2. During the period of performance, Subrecipient shall make no substitutes of key personnel unless illness, death, or termination of employment necessiJates 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, 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 th~ Subrecipient within 30 days following on-site' monitoring by the Grantee, contract 'termination procedures will be iDitiated. . .' ...' ," , 5 . TERMINATION HND may terminate this contract at any time and for any reason. HND 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 to HND. If the corrective action is not acceptable to HND, then HND 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 HND, become its property. Page 3 of 10 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$8.100 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 requests (invoices) for payments to the Housing and Neighborhood Development (HND) Department. Compensation shall be allowed only after the Subrecipient and proper supporting documentation has been submitted in conformity with the approved and executed budget have incurred expenditures. 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. MATCH The Subrecipient is responsible for matching 'the $8.100 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 Funds for a period of two years if they fail to complete the match requirement. , 9. USE OF FUNDS . . Use offunds received pursuant to this Agreement shall be hi accordance ~ith 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 (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. Page 4 of 10 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 ~570.208 until five years after expiration of this Contract, or for such longer period of time as determined to be appropriate by the Grantee. 11. 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, [mal or otherwise, shall operate to release the Subrecipient from any obligations under this Contract. 12. INSURANCE & BONDING Subrecipient shall carry sufficient insurance coverage to protect contract assets from loss due to theft, fraud and/or undue physical damage. 13. GRANTOR RECOGNITION Subrecipient shall insure recognition of the ro.le 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 fundingsource~ Inaddition, 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. Page 5 of 10 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, persOImel and [mancial 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 C. 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. 17. RETENTION . The Subrecipient hereby severally:warrantsthat 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 [mdings, 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 Page 6 of 10 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 no 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 and as may be procured with funds provided herein. 21. Equal Opportunity in Participation 1. 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. 2. 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. Page 7 of 10 22. 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. IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first written above. ...." .::: '. . -.;;>.:yrT'r.J.... "'. . ~ . ~"" ~ -..~ I ..... r ~ Aq'TES~:.~-~o ~i'~ ~,,'" 60- 1">.<;;:. ~.,.. - ~......~ ....q. ',~.. ~ 0> ~_ :~'~"''''' c." /~ ~ ~ , ...~:":.'~.-'" .;. '?'> " ,,~:~:':.~:~ : Z __:. '-1\ - \J, ." .-- ~:. - ro'S .E:l{i" : ...,- ~ :... m .:; ~ , AUGU 0.t~ (Gr te ~BY: rwt" Bob Yo g i" As its Mayor . . .. . . . . . . . . .. . . .. .. . , . ............... '. o . .. . .. . . . . . .. . . . . .. . . ~................. ... .... . '. 0,000. ......... . ................ . .. .. . . . . .. . .. .. . . . . .. . .. . . .. . . .. . . . . . . . . . .. ATTEST: HYDE PARK! ARAGON PARK NEIGHBORHOOD A SEAL By: CIA TION Page 8 of 10 APPENDIX A Proiect Area The project is located at City of Augusta-Richmond County, Hyde-Aragon-Virginia Subdivision. APPENDIX B Goals. Objectives. and Tasks The goal of the Hyde/Aragon Park Neighborhood Association Markers & Community Awareness Program is to provide a safe and protected environment for the community residents within the Hyde-Aragon- Virginia Subdivision. The objective of the neighborhood marker project is to . . provide the subdivision with markers indicating the entrance into the Hyde-Aragon- Virginia Subdivision. The Community Awareness Program will consist of safety/instructional videos that will provide the residents within the subdivision the knowledge of dangers within the community and how to resolve these conflicts. A schedule for 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 a log of the time and place that instructional videos are to be viewed by residents. 2. Subrecipient shall maintain records to document match to include time sheets for volunteer hours value of donated materials and equipment and cash receipts. APPENDIX C Budget 1. 2. 3, Three (3) neighborhood markers Fifteen (15) community awareness/safety videos Community Garden $8,100.00 Page 9 of 10 .. APPENDIX E Reporting Requirements 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/or work activities outlined in project description. 2. Submit monthly' reports on match activities according to guidelines as outline in project description. Match includes cash, volunteer labor, in-kind donations, and/or materials/supplies. - Page 10 of 10