HomeMy WebLinkAboutPRIME COMMERCIAL PROPERTIES 2004
CONTRACT BETWEEN AUGUSTA, GEORGIA
A~D Cz~ M M ruZe I A""L
PRIME-PROPERTIES, INC.
FOR
YEAR 2004 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM
THIS AGREEMENT, made and entered into on this 1ST day of August 2004, by and between AUGUSTA,
GEORGIA, by the Augusta-Richmond County Commission, through the Augusta Housing & Economic
Development Department, as the Implementor of the Community Development Block Grant Program
(hereinafter referred to as "Grantee"), and PRIME fROPE.RT.IES, INC., (hereinafter referred to as the
"Subrecipient"). ~.l,t jilt ((<<: I~L.
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 and provided under this
Agreement in accordance with and respecting the following project. The purpose of the
project is to supply contract services to identify and assist businesses within the
municipality. The targeted population is new and existing businesses throughout the
municipality. The Subrecipient shall do, perform, and carry out, in a satisfactory manner, as
determined by the Grantee, the services and tasks listed below:
a. Meet and communicate with and inform all existing business and economic development
organizations about the role of the Economic Development Ombudsman. Establish ways of
how the Ombudsman can collaboratively work together and enhance each business and
organization's role.
b. Meet one-on-one with business owners and managers to provide technical assistance to
develop and expand operations in Augusta by focusing on creating a positive environment
for business retention, attraction and expansion activities for new and existing businesses.
c. Create an "Economic Development Action Team", designed toward developing a "One-Stop
Shop" for the purposes of developing strategies, laws and regulations, which attract new
businesses to operate within the municipality; establish a means for existing businesses to
remain and possibly expand operations within the municipality; establish and coordinate
expedited City review and permit processes for business expansion, retention and start-up;
and devise ways which prevent the shut down of businesses and the reduction and/or
elimination of jobs.
d. Develop a consensus of the definition of economic development and what that means for
the City leaders, City department heads, economic development officials, the Economic
Development Action Team, volunteers, community organizations and anyone else involved
with the project.
e. Schedule meetings with the department heads and managers of selected city agencies.
Learn what they do and their responsibilities. Understand how their departments connect
and interact with various businesses. Collect from the various department's brochures,
website materials, research, maps, etc. Link web sites and create several central locations
where information is available and accessible. Maintain updated information so all entities
know where to refer clients and customers of the City and involve diverse groups {CSRA
Business League, Inc., The Metro Augusta Chamber of Commerce, the University of
Georgia Small Business Development Center, Georgia Tech Economic Development
Institute and Mayor's Business Action Team} and individuals of this economic development
process. Gather and maintain business-related information from all of these entities
mentioned above at one location (One-Stop Shop) to that the Economic Development
Ombudsman can be referral sources to new and existing businesses.
f. Collect, share and distribute brochures and other representative materials prepared by
business development organizations and provide to City Department heads.
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g.
Work with businesses, city officials and area residents to create strategies and techniques
designed to expand and increase the number of minority-owned businesses and
enterprises; remove fragmented information resources on existing business and economic
development initiatives and efforts; help reduce and/or eliminate the perception of negative
public image and disruptive political climate and the perception of local government as being
non-friendly and unresponsive to the needs of the business community.
h.
Attend scheduled business-networking meetings as often as possible. Circulate information
regarding the availability of governmental grant, loan and business incentive programs to
members of the business community.
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Work with business leaders and business organizations that operate and/or plan to operate
in.Downtown District commercial business areas, Le. (Downtown Development Authority,
Main Street Augusta, Clean and Beautiful, Augusta Richmond County Trees and
Landscaping, Highway Department) to design, administer and manage a series of clean up
campaigns that everyone can embrace and become involved with.
j.
Work with existing, business leaders and business organizations for the purposes of
creating constructive "Economic Development Forums" designed to improve existing
economic development techniques and strategies; strengthen and unify existing
organizations; establish vehicles where economic development techniques can be
developed and exchanged; and create a mechanism where informational technical
assistance services and further networking activities can take place.
k.
Prepare and submit monthly reports to members of the Commission's Administrative
Services Committee detailing accomplished objectives and milestones. The items to be
reported include:
.
The # of businesses assisted through the City's development review and permitting process
.
The # of businesses receiving general technical assistance:
.
The # of business licenses processed (started)
.
The # of businesses assisted with locating properties/ commercial sites
.
The # of businesses leaving the municipality
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.
The # of successful outreach marketing campaigns for targeted businesses and industries
(list)
· The # of minority-owned and/or female-owned businesses started, expanded and
terminated (list)
2. TERMS; TERMINATION
a. The services of the Subrecipient are to commence on August 1, 2004,and be undertaken and
completed in such sequence as to assure their expeditious completion in the light of the purposes of
this Agreement unless so otherwise specified in Agreement Section 20 (General Terms and
Conditions). This Agreement shall remain in effect until July 31, 2005, or until this Agreement is
otherwise terminated.
b. The parties agree that the Grantee may terminate this Agreement 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, with the consent of the commission
and signed by the Mayor, mailed or delivered to Subrecipient, and specifically setting forth the
effective date of termination.
c. Either party may terminate this Agreement, 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 Agreement period.
d. Further, the Grantee reserves the right to terminate this Agreement 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 Agreement or to reduce the Agreement
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-110.
(3) Expends funds under this Agreement for ineligible activities, services, or items;
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(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 Agreement the following key personnel:
(1) Janie Peel
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. Subrecipient agrees that Grantee may carry out monitoring and
evaluation activities that include the Subrecipient offices, project sites and client interviews to ensure
adherence by the Subrecipient to the scope of work, program goals, and the budget. Substandard
performance as determined by the Grantee will constitute non-compliance with this Agreement. If
actions to correct such substandard performance are not taken by the Subrecipient within 30 days
following notification by the Grantee, Agreement 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-day period.
Failure to submit acceptable work within said ten-day period shall constitute a breach of this
Agreement 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 twenty-five thousand ($25,000.00) dollars
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 Agreement 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 Agreement and that the Subrecipient is entitled to receive the amount
requested under the terms of this Agreement. 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 unused funds remaining at the expiration of
this agreement shall revert to Grantee.
In addition, the Subrecipient agrees to comply with other applicable laws, including the National
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, as amended by Executive Order 13279 (Equal Protection of the Laws for
Faith-Based and Community Organizations), 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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Subrecipient agrees to comply with the uniform administrative requirements specified at 24 CFR
570.502 and 24 CFR 570.610, including:
OMB Circular A-122, "Cost Principles for Non-Profit Organizations," and OMB A-110 "Uniform
Administrative Requirements for Grants & Agreements with Institutions of Higher Education,
Hospitals and other Non-Profit Organizations, 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. 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 Agreement.
10. 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 Agreement.
11. INSURANCE & BONDING - N/A
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 handling funds received or disbursed and/or signing or co-signing checks to
disburse funds under this agreement. The fidelity bond shall be in an amount no less than one
hundred percent (100%) of the contract amount. The Subrecipient shall furnish the Grantee proof of
an adequate fidelity bond within thirty (30) days of the effective date of this agreement and prior to
any disbursement of funds hereunder.
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. 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.
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12. GRANTOR RECOGNITION
Subrecipient shall insure recognition of the role of the grantor agency in providing services through
this Agreement. All activities, facilities and items utilized pursuant to this Agreement shall be
prominently labeled as to funding so'urce. In addition, the Subrecipient will include a reference to the
support provided herein all publications made possible with funds made available under this
Agreement.
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.
13. ASSIGNMENT
Without the prior written consent of the Grantee, this Agreement is not assignable by the
Subrecipient, either in whole or in part.
19. ENTIRE AGREEMENT; 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.
20. GENERAL TERMS AND CONDITIONS
a. REPORTS
The Subrecipient agrees to submit to Grantee monthly progress reports and any other reports that
may be specified. .
b. CLIENT DATA
Subrecipient agrees to maintain racial, ethnic, gender, and business demographics showing the
extent to which these categories of persons have participated in, or benefited from the project.
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 Agreement. 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;
(4) Financial records as required by 24 CFR Part 570.502, and OMB Circular A-133; and
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(5) Other records necessary to document compliance with Subpart K of 24 CFR 570.
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 $500,000 or more in combined federal assistance, it agrees to obtain an audit
conducted in accordance with OMB Circular A-133. However, if an audit is not required, the
Subrecipient agrees to provide an annual financial report to the Grantee.
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 Agreement, 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.
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
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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 Agreement. 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
When procuring property, goods and services under $100,000, the Subrecipient shall follow
Augusta-Richmond County's procurement procedures which reflects applicable state and local laws
and regulations. For purchases of $1 00,000 or more. federal laws, regulations and standards apply.
m. EQUIPMENT AND PERSONAL PROPERTY
(1) Equipment and personal property shall be used by theSubrecipient in the program or project for
which it was acquired as long as need, whether or not the project or program continues to be
supported by Federal funds.
(2) Disposition. When no longer needed for the original program or project, disposition of any equipment
or personal property of any kind shall be determined and approved by the Grantee consistent with
provisions of 24 CFR 570.202 and Circular A-11 0, except that
(a) In all cases in which personal property is sold, the proceeds shall be program income, and
(b) Personal property not needed by the Subrecipient for CDBG activities shall be transferred to the
Grantee for the Community Development Program or shall be retained after submitting compensation
to the Grantee for the Community Development Program, and
(c) Compensation for items of equipment or personal property retained or sold shall be an amount
calculated by multiplying the current market value or proceeds from sale by the percentage of CDBG
funds provided on the original costs of equipment or personal property.
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n. 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:
(1) The Subrecipient shall not discriminate against any employee or applicant for employment because
of race, color, creed, religion,' except as allowed by Executive Order 13279, 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, except as allowed by Executive Order 13279, sex, age, handicap,
disability, sexual orientation, ancestry, 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, 13279 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, by Executive Order 13279 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.
(6) In the event of the Subrecipient's noncompliance with the nondiscrimination clauses of this
Agreement or with any of the said rules, regulations, or orders, this Agreement 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 by Executive
Order 13279 and such other sanctions may be imposed and remedies invoked as provided in
Executive Order 11246 of September 24, 1965, as amended by Executive order 13279 or as
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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, by Executive order 13279 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.
o. 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.
(3) Subject to segregated or separate treatment in any facility, or ill 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, except as allowed by Executive Order 13279, an
opportunity to participate in a program or activity as an employee.
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p. 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 Agreement. As used in
this Agreement, the term "minority and female business enterprise," means a business at least fifty-
one (51 %) percent owned and controlled by minority group members orwomen. 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.
q. 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 oron 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 Agreement, 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 accordancewith its instructions; and it will require that
the language of this paragraph be included in the award documents for all sub awards 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.
s. 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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22. 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 Agreement, 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.
ATTEST:
SEAL
ATTEST:
SEAL
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AUGUSTA, GEORGIA
(Grantee)
(Subrecipient)
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APPENDIX A
Proiect Area
The project is located within the geographic boundaries described as downtown, mid-town and the inner city
and West Augusta areas.
APPENDIX B
Timetable For Implementation of Contracted Services
Contract Service Item
Estimated Time Period For Implementation &
Completion
Background Research and Analysis
Four Months
Development of Work Plan
Two Months
Advocacy/Assistance Outreach &
Services
On-going throughout Contract period
APPENDIX C
ReDortinQ Requirements b)(iH~
The Subrecipient shall submit to the Grantee the fOllowin~eports for the term of this agreement.
The Grantor is required to submit monthly reports members of the "Administrative Services
Committee" on the topics listed below on the topics listed below:
~I~
· The # of businesses assisted through the City's development review and permitting process
· The # of businesses receiving general technical assistance was provided to
· The # of business licenses processed (started)
· The # of businesses assisted with locating properties/ commercial sites
· The # of businesses leaving the municipality (list)
· The # of successful outreach marketing campaigns for targeted businesses and industries
(list)
The # of minority-owned and/or female-owned businesses started, expanded and
terminated (list)
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