HomeMy WebLinkAboutRichmond County Board of Education
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DOCUMENT TYPE: ~ vee/fYlf,rr\-
YEAR: J 0; q tJ
BOX NUMBER: 5'
FILE NUMBER: /3145'
NUMBER OF PAGES:
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CONTRACT BETWEEN AUGUSTA, GEORGIA
AND
RICHMOND COUNTY BOARD OF EDUCATION
FOR
THE 1998 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
THIS AGREEMENT, made and entered into on this ~ day of January, 1998,
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 RICHMOND COUNTY
BOARD OF EDUCATION, (hereinafter referred to as the "Subrecipient").
WHEREAS, the Grantee has received a Community Development Block Grant from
the United States Department of Housing and Urban Development (HUD) under
Title I of the Housing and Community Development Act of 1974, as amended (42
USC 5301 et seq.) (the Act); and
WHEREAS, pursuant to such Grant, the Grantee is undertaking certain programs and
service;; necessary for the planning, implementation and execution of such a
Community Development Block Grant Program; and
WHEREAS, the Grantee desires to engage the Subrecipient to render certain services,
programs, or assistance in connection with such undertakings of the Community
Development Block Grant Program, situated in the Project Area described in
Appendix A.
NOW, THEREFORE, the parties hereto do mutually agree as follows:
1. SCOPE OF SERVICE
The Subrecipient shall perform all the necessary services provided under this Contract
in accordance with and respecting the following project:
"Project Smart and Kids Cafe"
This pI1Dgram will be administered with the assistance of the Richmond County Board
of Education, the Augusta Housing Authority and the Golden Harvest Food Bank.
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The program focuses on reducing drug use among low and moderate income youths
through a reading and math program while learning to make good use of leisure time.
The recipients of this program are low and moderate income youths and parents at
Underwood Homes Public Housing Complex.
The Subrecipient shall do, perform, and carry out, in a satisfactory manner, as
deterrnined by the Grantee, the goals, objectives, and tasks set forth in Appendix B,
and incorporated herein by reference.
2. TERMS; TERMINATION
a. The services of the Subrecipient are to commence on January 1 ~ 1998,
and shall be undertaken and completed in such sequence as to assure
their expeditious completion in the light of the purposes of this Contract
unless so otheIWise specified in the Contract Section 19 (General Terms
and Conditions). This Agreement shall remain in effect until December
31, 1998, or until this Agreement is otherwise terminated.
lb. 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
Sub recipient, 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 under any of the following
conditions:
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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 otheIWise restricted.
e. The Grantee also reserves the right to terminate this Contract or to
reduce the contract compensation amount if the Subrecipient:
(1) Fails to fIle required reports or to meet project progress or
completion deadlines;
(2) Materially fails to comply with any provision of this Agreement
(which may result in suspension or termination in accordance with
24 CFR 85.43 or OMB Circular A-lID). (Attachment #1 (b & d)];
(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.
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3. ]f(EY PERSONNEL
a. Sub recipient shall assign to this Contract the following key personnel:
1. Charles G. Larke, Superintendent
n. C. LeJeune Hickson
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
(IS) 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
perforrnance 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. 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
service; 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-subJnit acceptable work within said ten-day period. Failure to submit acceptable
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work within said ten-day period shall constitute a breach of this contract for which the
Subrecipient may be held in default.
6. SEVERABIUTY
If any term or condition of this Agreement is found by a court of competent
jurisdi1ction 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 Sl.lbrecipient shall be paid a total consideration of $ 21 ~200 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 Sub recipient and proper supporting documentation has been
submitted in conformity with the approved and executed budget document which is
attached to this Contract as Appendix C, incorporated herein by reference. In every
case, payment will be made subject to receipt of a reimbursement request for payment
from the Subrecipient specifying and certifying that such expenses have been incurred
and expended in conformance with this Contract and that the Subrecipient is entitled
to receive the amount requested under the terms of this Contract.
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),
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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. In addition, the Sub recipient 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 PreseIVation Act of 1966 as amended
(16 USC 470), Section 504 of the Rehabilitation Act of 1973 (29 USC 794) (and the
implenlenting 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 as defined in the program regulations. The Sub recipient agrees
to maintain documentation that demonstrates that the activities carried out with funds
meets the aforementioned national objective.
Subredpient 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, OMB Circular A-87, "Principles for
Detennining Costs Applicable to Grants and Contracts with State, Local, and
Federally Recognized Indian Tribal Governments;" 01\ffi Circular A-128, "Audits of
State ~md Local Governments" (implemented at 24 CFR 44); and the sections of 24
CFR 85, "Uniform Administrative Requirements for Grants and Cooperative
Agreelnents to State and Local Governments," specifiedat 24 CFR 570.502(a).
If the Subrecipient is not a government agency, OMB Circular A-122, "Cost Principles
for Non-Profit Organizations," or O:MB Circular A-21, "Cost Principles for
Educaltional Institutions," as applicable; OMB Circular A-133, "Audits of Institutions
of Higher Education and Other Non-Profit Institutions," and Attachments A, B, C,
F, H, N, and 0 to 01\ffi Circular A-1IO, 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.
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9. PROGRAM INCOME
Program Income (defmed at 24 eFR 570.500 and 570.504) derived from the project
is anticipated to be approximately $0.
10. REVERSION OF ASSETS
Any real property under the Subrecipient's control acquired or improved in whole or
in part with 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
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time as determined to be appropriate by the Grantee.
11. INDIRECT COSTS
Indirect costs will only be paid if Sub recipient has an indirect cost allocation plan
approved by the Department of Housing and Urban Development prior to the
execu1ion of this Contract.
12. TRAVEL
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. INDEMNIFlCATION
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
obligClltions hereunder. No payment, however, fmal or otherwise, shall operate to
release the Subrecipient from any obligations under this Contract.
14. INSURANCE & BONDING
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Subrecipient shall carry sufficient insurance coverage to protect contract assets from
loss due to theft, fraud and/or undue physical damage, and as a minimum shall
purchase a blanket fidelity bond covering all employees in an amount equal to cash
advances from the Grantee. All policies providing insurance coverage required to be
maintained by Subrecipient hereunder shall list Grantee, The Augusta-Richmond
County Commission and its Mayor, and their officers, agents, members, employees
and successors as named insureds, as their interests may appear, and shall be issued by
an insurance carrier or carriers licensed to do business in the State of Georgia and
reasonably acceptable to Grantee. All such policies shall provide that no act or
omission of Grantee or its agents, servants, or employees shall in any way invalidate
any insurance coverage for the other named insureds. No insurance policy providing
any inmrance coverage required to be provided by Sub recipient 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
Sub recipient is subject to the Georgia Open Meetings Law if it receives more than
33V3oj,) of its funds from taxpayer sources. Accordingly, the Subrecipient will take the
followtng 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.
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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 Suhrecipient, either in whole or in part.
18. ENTIRE CONTRACT; ALTERATION
This Agreement is the entire agreement between the parties hereto. No alteration or
variation in the terms of this Agreement shall be valid unless made in writing and
signed by the parties hereto.
19. GENERAL TERMS AND CONDITIONS
A. REPORTS
The Sub recipient agrees to submit to Grantee program progress and financial
reports and any other reports that may be specified in Appendix D.
B. CUENT DATA
Subrecipient agrees to maintain racial, ethnic, gender, head of household,
household income, and household size data showing the extent to which these
categories of persons have participated in, or benefited from the project, and to
submit this information to the Grantee within 30 days after December 31, 1998.
C. RECORDS TO BE MAINTAINED
Sub recipient 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;
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11. Records demonstrating that each activity undertaken meets one of
the National Objectives of the CDBG Program;
m. Records required to determine the eligibility of activities;
IV. Financial records as required by 24 CFR Part 570.502, and OMB
Circular A-133; and
v. Other records necessary to document compliance with Subpart K
of24 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 $300,000
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 quarterly fmancial reports to the Grantee.
If Subrecipient do not prepare fmancial 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 the project.
E. RETENTION
The Subrecipient hereby severally warrants that all project records, books,
papers, and documents will be retained for a period of not less than four (4)
years after the termination of all activities funded under this contract, or after
the resolution of all Federal audit findings, whichever occurs later and grants the
Grantee the option of retention of the project records, books, papers, and
documents. The retention period shall start from the date of submission of the
Grantee's annual performance report, as prescribed in 24 CFR 91.520, in which
the specific activity is reported on for the fmal time rather than from the date
of submission of the fmal expenditure report for the award.
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F. PERMITS
The Subrecipient agrees to obtain all necessary permits for intended
improvements or activities.
G. ~MATIVEACTION
The Subrecipient, if its program involves housing, agrees to affirmatively further
fair housing.
H. CONFUCT 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
Sub recipient 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.
1. 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 Sub recipient
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
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Jrequirements 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
JProgram 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 Sub recipient be entitled to any of the rights, privileges, or
benefits of Grantee employees. The Sub recipient 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.
L. 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 defmed by such policy and as may
be procured with funds provided herein.
20. OTHER PROVISIONS
A. Equal Employment Opportunity
The following provisions (1) and (2) are applicable to all contracts and
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,
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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, 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
Sub recipient's commitments under this section, and shall post
copies of the notice in conspicuous places available to employees
and applicants for employment.
(4) The Sub recipient 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,
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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 Contract or with any of the said
rules, regulations, or orders, this Contract may be canceled,
terminated, or suspended in whole or in part and the Subrecipient
may be declared ineligible for further Government contracts or
federally assisted construction contracts in accordance with
procedures authorized in Executive Order 11246 of September 24,
1965, as amended, and such other sanctions may be imposed and
remedies invoked as provided in Executive Order 11246 of
September 24, 1965, as amended, 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
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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:
a. Deny any facilities, services, fmancial aid, or other benefits
provided under the program or activity.
b. Provide any facilities, services, fmancial aid, or other benefits,
which are different, or are provided in a different form from that
provided to others under the program or activity.
c. 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.
d. Restrict in any way access to, or the enjoyment of any advantage
or privilege enjoyed by others in connection with facilities, services,
fmancial aid or other benefits under the program or activity.
e. Treat an individual differently from others in determining whethernthe individual satisfies any admission, enrollment, eligibility,
membership, or other requirement or condition which the
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individual must meet in order to be provided any facilities,
services, or other benefit provided under the program or activity.
f. 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 0/0) owned and controlled by minority
group members or women. For the purpose of this definition, "minority group
memhers" are Mrican-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 SUlbrecipient will conform with the rules and regulations set forth under Section
3 of the Housing and Urban Development Act of 1968, (12 USC 170Iu), 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.
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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 30licitation 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
provid.ed 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 inlprovements erected or to be erected thereon. The Sub recipient will comply
with Title VII of the Civil Rights Act of 1968 (pL 90-284) as amended and will
administer all programs and activities related to housing and community development
in a manner to affirmatively further Fair Housing.
F. Labor Standards
Except with respect to the rehabilitation of residential property designed for residential
use for less than eight households, the Subrecipient and all subcontractors engaged in
contracts in excess of $2,000 for the construction, completion, rehabilitation, or repair
of any building or work fmanced 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 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 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 wllth 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.
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G. Flood Disaster Protection
This Agreement is subject to the requirements of the Flood Disaster Protection Act of
1973 oPL93-234). 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 rrumdatory purchase of flood insurance with the requirements of Section 102(a) of
said Act.
H. Clean Air Act and Federal Water Pollution Control Act (Applicable to
Contracts and Subcontracts, which exceed $100,000).
The S1llbrecipient 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 Clleall Air Act of 1990, the Federal Water Pollution Control Act (33 USC 1251 et
seq.), as amended, and the regulations of the Environmental Protection Agency with
respect thereto, at 40 CFR Part 15, as amended from time to time.
I. Provisions of the Hatch Act
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, Unlted States Code.
J. Lead-Based Paint
Any grants or loans made by the Subrecipient for the rehabilitation of residential
structures with assistance provided under this Agreement shall be made subject to the
provis:lons for the elimination of lead-based paint hazards under 24 CFR Part 35. The
Subrecipient, at its sole cost, will comply with the requirements of 24 CFR 570.608 for
notification, inspection, testing, and abatement procedures concerning lead-based
paint. Such regulations require that all owners, prospective owners, and tenants of
properties constructed prior to 1978 be properly notified that such properties may
contain lead-based paint. . Such notification shall point out the hazards of lead-based
paint and explain the symptoms, treatment, and precautions that should be taken'
when dealing with lead-based paint poisoning.
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K. Special Assessments
Sub recipient 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
amowlts 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: (I) 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 (I).
L. . Acquisition, Rehabilitation, and Demolition of Real Property and
Displacement of Persons and Businesses
Subrecipient will comply with the "Grantee's Community Development Block Grant
Program Plan for Minimizing the Displacement of Persons as a result of Community
Development Block Grant Funded Activities" and the Grantee's Community
Development Block Grant Program Residential Anti-displacement and Relocation
Assistance Plan." The Subrecipient will conduct any acquisition, rehabilitation, or
demolition, of real property, and any negotiations for acquisition, rehabilitation, or
demolition of real property in compliance with the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970, as amended, Section 104(d) of the Act,
and the implementing regulations at 49 CFR 24 and 24 CFR 570.606. Unless
specifically permitted in Appendix B or Appendix C, Subrecipient will not cause
either temporary or permanent involuntary displacement of persons or businesses. If
Subrecipient causes the involuntary temporary or permanent displacement of any
person or business as a result of Community Development Block Grant Activities, it
shall comply with the Grantee's "Plan to Assist Persons Actually Displaced by
Comrrmnity Development Block Grant Activities," and Sub recipient shall provide all
notice::;, 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. Sub recipient hereby agrees to defend, to pay,
and to indemnify the Grantee from and against any and all claims and liabilities for
19
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relocation benefits or the provision of replacement dwelling units required by federal
statutes and regulations in connection with activities undertaken pursuant to this
Agreelment.
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 Mlember 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
modifi.cation 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
docUlllents 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 f:lllure.
N. Provisions Required by Law Deemed Inserted
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Each and every provision of law and clause required by law to be inserted in this
Contr:act shall be deemed to be inserted herein and the contract shall be read and
enforoed 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. mSTORIC PRESERVATION
If applicable, the Subrecipient agrees to comply with the Historic Preservation
reqilIDements set for in the National Historic Preservation Act of 1966, as amended (16
U.S.C. 470) and the procedures set forth in CFR, Part 800, Advisory Council of
Historic preservation Procedures for Protection of Historic properties, insofar as they
apply to the performance of this contract.
In general, this requires concurrence from the State Historic Preservation Officer for
all rehabilitation and demolition of historic properties that are fIfty years old or older
or that are included on a Federal, State, or local historic property list.
21. MISCELLANEOUS
A. This Agreement shall be governed by and construed according to the
laws of the State of Georgia.
B. Time shall be of the essence to this Contract, except where it is herein
specifically provided to the contrary. Subrecipient shall provide the scope
of services in accordance with the schedules set forth in Appendix B.
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IJ
IN WITNESS WHEREOF, the parties have set their hands and seals as of the date
first Wlitten above.
ATTEST:
/1,; /!!PlY
SEAL
~?fii~
Clerk of Commission
TllII documIIII ~ "
~~'~
omey .
ATTEST:
RICHMOND COUN1Y BOARD OF EDUCA nON
(Subrecipient)
SEAL
BY:~~
Charles . Larke
As its Superintendent
/k~..
As its . 7 n
-Lk~~d'-
(plain Witness)
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APPENDIX A
Project Area
The activity will be undertaken at the Underwood Homes Public Housing Complex
located at 61 0 Fairhope Street, Augusta, Georgia.
APPENDIX B
Goals~ O~ectivesr illld Tasks
The goal of Project SMART and Kids' Cafe is to provide an after school program in
reading and math skills for 100 students ages 5 to 13 and their parents from
Underwood Homes Public Housing Complex. The objective is to increase reading
and math scores on the Iowa Tests of Basic Skills by a gain of eight to ten months; to
increase extracurricular reading and math skills; to train parents to assist students with
reading and math skills; and to train parents in alternative (drug free) lifestyles for their
children.
The hours for operation of the Project SMART Program will be from 4:00 to 6:00
p.m. four days a week (Monday through Thursday) for thirty weeks. Hot meals will
be provided daily by the Housing Authority using food supplied by the Golden Harvest
Food Bank. CDBG funds will be used to fund four (4) of the eleven certified teachers,
one (l~ project administrator and supplies for reading and math.
The Subrecipient shall maintain students' attendance and evaluation records.
A schedule for completion of this activity during 1998 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:
I. Provide services as stated in this Contract.
2. Read all regulations attached herein to this Contract.
3. :Maintain socio-economic data on clients and insure that 51 % of persons served
are low and moderate income persons.
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II
4. Request reimbursement of expenditures for items allowed per budget.
5. Carry out activity in a timely manner.
Responsibilities of Grantee:
1. Provide Technical Assistance to assist Subrecipient in complying with applicable
laws and regulations.
2. Monitor Subrecipient to determine if the activity is being carried out as
described in this Contract. (Monitoring shall consist of site visits and review of
records).
APPENDIX C
Budget
Salary (project Administrator @ $20.00 per hr.)
Salary (4 teachers @ $15.00 per hr.)
Supplies (Reading and Math)
Total
$ 4,800
14,400
2,000
$21,200
APPENDIX D
Reporting Requirements
The Subrecipient shall submit to the Grantee the following reports for the term of this
agreernent.
1. Quarterly Program Progress
2. Annual Program Progress
3. Audit Report
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APPENDIX E
Reports' Schedule
I. Quarterly Program Progress Due:
For Reporting Period:
lst Aprill5, 1998
2nd July 15, 1998
3rd October 15, 1998
4th January 15, 1999
January I, 1998 - March 30, 1998
April I, 1998 - June 30, 1998
July 1, 1998 - September 30, 1998
October 1, 1998 - December 31, 1998
'2 Annual Report Due:
January 30, 1999
For January 1, 1998 through December 31, 1998
'3 Audit Report due within 30 days after completion of audit.
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ATTACHMENT #1
Regulations, Circulars & Local Procurement Policy
a. Community Development Block Grant Entitlement Program 24 CF 570
b. 24 CFR 85
"Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments," specified at 24 CFR
570.502(a).
c. OMB Circular A-122
"Cost Principles for Non-Profit Organizations," or
d. OMB Circular A-21
"Cost Principles for Educational Institutions"
e. OMB Circular A-IIO; Attachments A, B, C, F, H, N, and O.
"Grants and Agreements with Institutions of Higher Education,
Hospitals, & Other Non-Profit Organizations"
f. OMB Circular A-133, "Audits of Institutions of Higher Education and
Other Non-Profit Institutions"
g. Augusta-Richmond County Procurement Policy
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ATTACHMENT #2
Forms
a. Reimbursement Request
b. Reports: Quarterly Program Progress
c. Reports: Annual Program Progress
d. Time Sheet
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CONTRACT BETWEEN AUGUSTA, GEORGIA
AND
METRO-AUGUSTA CLEAN & BEAUTIFUL, INC.
FOR
THE 1998 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
THISAGREEMENT, made and entered into on this ~ day of January, 1998,
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 METRO-AUGUSTA
CLEAN & BEAUTIFUL, INC., (hereinafter referred to as the "Subrecipient").
WHEREAS, the Grantee has received a Community Development Block Grant from
the United States Department of Housing and Urban Development (HUD) under
Title I of the Housing and Community Development Act of 1974, as amended (42
USC :1301 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
Comrnunity Development Block Grant Program; and
WHEREAS, the Grantee desires to engage the Subrecipient to render certain services,
programs, or assistance in connection with such undertakings of the Community
Development Block Grant Program, situated in the Project Area described in
Appendix A
NOW, THEREFORE, the parties hereto do mutually agree as follows:
1. :SCOPE OF SERVICE
The Subrecipient shall perform all the necessary services provided under this
Contract in accordance with and respecting the following project:
"Neighborhood Clean-Up Program"
Four nlajor neighborhood clean-ups will be undertaken in targeted low and moderate
income neighborhoods. Assistance is being provided to pay contractors to collect and
transport trash and debris resulting from neighborhoods clean-ups to the landfill.
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The Subrecipient shall do, perform, and carry out, in a satisfactory manner, as
deterrnined by the Grantee, the goals, objectives, and tasks set forth in Appendix B,
and incorporated herein by reference.
2. TERMS; TERMINATION
a. The services of the Subrecipient are to commence on January I, 1998,
and shall be undertaken and completed in such sequence as to assure
their expeditious completion in the light of the purposes of this Contract
unless so otherwise specified in the Contract Section 19 (General Terms
and Conditions).
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 under any of the following
conditions:
I) Notification by HUD to the Grantee that said project is ineligible
because of project location, services provided, or any other reason
cited by HUD;
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2) Notification by HUD to the Grantee that said project is deficient
and that continued support of the project is not providing an
adequate level of services to low income and minority people; or
3) Written notification from HUD to the Grantee that the program
funds made available to the Grantee are being curtailed,
withdrawn, or otherwise restricted.
e. The Grantee also reserves the right to terminate this Contract or to
reduce the contract compensation amount if the Subrecipient:
(I) Fails to flle 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 OMB Circular A-IIO). [Attachment #l (b & e)];
(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. KEY PERSONNEL
a. Sub recipient shall assign to this Contract the following key personnel:
1. Lillian-Katharine Blanos, President
11. Sharon Lacey, Secretary
b. During the period of performance, Subrecipient shall make no substitutes
of key personnel unless the substitution is necessitated by illness, death,
3
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or termination of employment. Subrecipient shall notify the Grantee
Director ofHND 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 Sub recipient 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
perfonnance standards required herein. Substandard performance as determined by
the Grantee will constitute non-compliance with this contract. If actions to correct
such :;ubstandard performance are not taken by the Subrecipient within 30 days
following on-site monitoring by the Grantee, contract termination procedures will be
initiated.
5. INSPECTION AND ACCEPTANCE
All tasks and reports shall be conducted and completed in accordance with recognized
and customarily accepted industry practices, and shall be considered complete when
services are approved as acceptable by the Grantee in writing. In the event of rejection
of any tasks, reports, etc., Subrecipient shall be notified in writing and shall have ten
(10) working days from date of issuance of notification to correct the deficiencies and
re-submit acceptable work within said ten-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.
fie SEVERABIUTY
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 $19 ~300 for full performance
of the :,ervices specified under this Agreement. Any cost above this amount shall be
the sole responsibility of the Subrecipient. Subrecipient shall submit monthly requests
for payments to the Housing and Neighborhood Development (HND) Department.
Compensation shall be allowed on a reimbursement basis, only after expenditures have
been incurred by the Subrecipient and proper supporting documentation has been
submitted in conformity with the approved and executed budget document which is
attached to this Contract as Appendix C, incorporated herein by reference. In every
case, payment will be made subject to receipt of a reimbursement request for payment
from the Subrecipient specifying and certifying that such expenses have been incurred
and eJo:pended in conformance with this Contract and that the Subrecipient is entitled
to receive the amount requested under the terms of this Contract.
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 S1llbrecipient shall not claim reimbursement from the Grantee for that portion of
its obEgations 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. In addition, the Subrecipient agrees to comply with other applicable
laws, including the National Environmental Policy Act of 1969 (and the implementing
regula.tions 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
imple:menting 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
5
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 ~llcome persons as defined in the program regulations. The Subrecipient agrees
to maintain documentation that demonstrates that the activities carried out with funds
meets the aforementioned national objective.
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, OMB Circular A-87, "Principles for
Deterrnining Costs Applicable to Grants and Contracts with State, Local, and
Federally Recognized Indian Tribal Governments;" OMB Circular A-128, "Audits of
State and Local Governments" (implemented at 24 CFR 44); and the sections of 24
CFR H5, "Uniform Administrative Requirements for Grants and Cooperative
Agreernents to State and Local Governments," specified at 24 CFR 570.502(a).
If the Subrecipient is not a government agency, OMB Circular A-122, "Cost Principles
for Non-Profit Organizations," or OMB Circular A-21, "Cost Principles for
Educa1ional Institutions," as applicable; OMB Circular A-133, "Audits of Institutions
of Higher Education and Other Non-Profit Institutions," and Attachments A, B, C,
F, H, N, and 0 to OMB Circular A-IIO, as specified at 24 CFR 570.502(b).
Subrecipient is prohibited from using funds provided herein for political activities,
sectarian or religious activities, or lobbying activities.
9. :PROGRAM INCOME
Program Income (defined at 24 CFR 570.500 and 570.504) derived from the project
is anticipated to be approximately $0.
10. REVERSION OF ASSETS
Any real property under the Subrecipient's control acquired or improved in whole or
in part with 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
6
~5 70.208 until five years after expiration of this Contract, or for such longer period of
time a:; determined to be appropriate 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
Subre1cipient shall obtain prior written approval from the Grantee for any travel
outside the metropolitan area with funds provided under this Contract. All Federal
Trave1 Regulations are applicable (41 CFR Part 301).
13. INDEMNIFlCATION
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 aLrising 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, fmal or otherwise, shall operate to
release the Subrecipient from any obligations under this Contract.
14. INSURANCE & BONDING
Subrecipient shall carry sufficient insurance coverage to protect contract assets from
loss due to theft, fraud and/or undue physical damage, and as a minimum shall
purchase a blanket fidelity bond covering all employees in an amount equal to cash
advances from the Grantee. All policies providing insurance coverage required to be
maintained by Subrecipient hereunder shall list Grantee, The Augusta-Richmond
County Commission and its Mayor, and their officers, agents, members, employees
and successors as named insureds, as their interests may appear, and shall be issued by
an insurance carrier or carriers licensed to do business in the State of Georgia and
reasonably acceptable to Grantee. All such policies shall provide that no act or
omission of Grantee or its agents, servants, or employees shall in any way invalidate
any insurance coverage for the other named insureds. No insurance policy providing
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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 COMPUANCE
Subrecipient is subject to the Georgia Open Meetings Law if it receives more than
331130/0 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
Direcmrs' 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.
19. GENERAL TERMS AND CONDITIONS
A REPORTS
The Subrecipient agrees to submit to Grantee program progress and fmancial
reports and any other reports that may be specified in Appendix D.
B. CUENT DATA
Sub recipient agrees to maintain racial, ethnic, gender, head of household,
household income, and household size data showing the extent to which these
categories of persons have participated in, or benefitted from the project, and
to submit this information to the Grantee within 30 days after December 31,
1998.
C. RECORDS TO BE MAINTAINED
Sub recipient 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;
11. Records demonstrating that each activity undertaken meets one of
the National Objectives of the CDBG Program;
ill. Records required to determine the eligibility of activities;
IV. Financial records as required by 24 CFR Part 570.502, and OMB
Circular A-133; and
v. Other records necessary to document compliance with Subpart K
of24 CFR 570.
Subrecipient agrees to keep all necessary books and records, including property,
9
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 Sub recipient receives $300,000
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 Sub recipient agrees to provide quarterly fmancial reports to the Grantee.
If Subrecipient do not prepare fmancial 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 Sub recipient agrees that the Grantee or any authorized representative has
access to and the right to examine all records, books, papers, or documents
related to the project.
E. RETENTION
The Subrecipient hereby severally warrants that all project records, books,
papers, and documents will be retained for a period of not less than four (4)
years after the termination of all activities funded under this contract, or after
the resolution of all Federal audit findings, whichever occurs later and grants the
Grantee the option of retention of the project records, books, papers, and
documents. The retention period shall start from the date of submission of the
Grantee's annual performance report, as prescribed in 24 CFR 91.520, in which
the specific activity is reported on for the final time rather than from the date
of submission of the [mal expenditure report for the award.
F. PERMlTS
The Subrecipient agrees to obtain all necessary permits for intended
improvements or activities.
G. ~MATIVEACTION
The Sub recipient, if its program involves housing, agrees to affirmatively further
fair housing.
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H. CONFliCT OF INTEREST
The Subrecipient hereby severally warrants that it will establish and adopt
:mfeguards 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.
1. AUTHORIZATION TO EXECUTE AGREEMENT
The undersigned person signing as an officer on behalf of the Subrecipient, a
Jparty to this Agreement, hereby severally warrants and represents that said
person has authority to enter into this Agreement on behalf of said Subrecipient
:md 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 I 0 1-336), and all state and local laws requiring physical and
program accessibility to people with disabilities, and agrees to defend, hold
hannless, and indemnify the Grantee from and against any and all liability for
any noncompliance on the part of the Subrecipient.
11
: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
:Kope of their employment.
L. PROCUREMENT
The Subrecipient shall comply with Augusta-Richmond County's current policy
concerning the purchase of equipment and shall maintain an inventory record
of all non-expendable personal property as defined by such policy and as may
be procured with funds provided herein.
20. OTHER PROVISIONS
A. Equal Employment Opportunity
The following provisions (I) 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:
(I) 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
12
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 Sub recipient
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 Sub recipient will, in all solicitations or advertisements for
employees placed by or on behalf of the Subrecipient, state that all
qualified applicants will receive consideration for employment
without regard to race, creed, religion, sex, age, handicap,
disability, sexual orientation, ancestry, national origin, marital
status, or any other basis prohibited by applicable law.
(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 113 7 5, 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.
(6) In the event of the Subrecipient's noncompliance with the
13
nondiscrimination clauses of this Contract or with any of the said
rules, regulations, or orders, this Contract may be canceled,
terminated, or suspended in whole or in part and the Subrecipient
may be declared ineligible for further Government contracts or
federally assisted construction contracts in accordance with
procedures authorized in Executive Order I I 246 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 (I) and the provisions of
paragraphs (I) 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 Sub recipient
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
14
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:
a. Deny any facilities, services, fmancial aid, or other benefits
provided under the program or activity.
b. Provide any facilities, services, fmancial aid, or other benefits
which are different, or are provided in a different form from that
provided to others under the program or activity.
c. 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.
d. 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.
e. 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.
f. 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.
15
..
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
enterplise," means a business at least fifty-one (5 I 0/0) owned and controlled by minority
group members or women. For the purpose of this defmition, "minority group
members" are Mrican-American, Spanish-speaking, Spanish surnamed or written
representations by Subrecipients regarding their status as minority and female business
enterp:rises in lieu of an independent investigation.
D. SECTION 3 CLAUSE
The Subrecipient will conform with the rules and regulations set forth under Section
3 of the Housing and Urban Development Act of 1968, (12 USC 170 I 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.
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 ~iolicitation 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,
16
..
handicap, disability, sexual orientation, ancestry, national origin, marital status, or
familiil status, in the sale, lease, or rental, or in the use or occupancy of such land or
any irnprovements 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.
JF. Labor Standards
Except with respect to the rehabilitation of residential property designed for residential
use for less than eight households, the Subrecipient and all subcontractors engaged in
contracts in excess of $2,000 for the construction, completion, rehabilitation, or repair
of any building or work fmanced 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 tenns of the Davis-Bacon Act, as amended, the Sub recipient 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 wilh 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 Sub recipient 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.
II. Clean Air Act and Federal Water Pollution Control Act (Applicable to
Contracts and Subcontracts which exceed $100,000).
17
.'
The Subrecipient shall comply with and require each subcontractor to comply with all
applicable standards of the Clean Air Act of 1970 (42 USC 1857 et seq.), as amended,
the Clean Air Act of 1990, the Federal Water Pollution Control Act (33 USC 1251 et
seq.), as amended, and the regulations of the Environmental Protection Agency with
respect thereto, at 40 CFR Part 15, as amended from time to time.
I. Provisions of the Hatch Act
Neither the Subrecipient program nor the funds provided therefor, nor the personnel
employed in the administration of the program shall be in any way or to any extent
engaged in the conduct of political activities in contravention of Chapter 15 of Title
5, United States Code.
J. Lead-Based Paint
Any grants or loans made by the Sub recipient for the rehabilitation of residential
structures with assistance provided under this Agreement shall be made subject to the
provisions for the elimination of lead-based paint hazards under 24 CFR Part 35. The
Subrecipient, at its sole cost, will comply with the requirements of 24 CFR 570.608 for
notification, inspection, testing, and abatement procedures concerning lead-based
paint. Such regulations require that all owners, prospective owners, and tenants of
properties constructed prior to 1978 be properly notified that such properties may
contain lead-based paint. Such notification shall point out the hazards of lead-based
paint and explain the symptoms, treatment, and precautions that should be taken
when dealing with lead-based paint poisoning.
K. Special Assessments
Subrecipient will not attempt to recover any capital costs of public improvements
assisted in whole or in part with funds provided under Section 106 of the Act or with
amounts resulting from a guarantee under Section 108 of the Act by assessing any
amount against properties owned and occupied by persons of low and moderate
inconle, 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
18
.
"
to the Secretary of HUD that it lacks sufficient funds received under Section 106 of the
Act to comply with the requirements of subparagraph (I).
L. Acquisition, Rehabilitation, and Demolition of Real Property and
Displacement of Persons and Businesses
Subrecipient will comply with the "Grantee's Community Development Block Grant
Program Plan for Mnimizing 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
demohtion 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
specifi.cally permitted in Appendix B or Appendix C, Sub recipient will not cause
either temporary or permanent involuntary displacement of persons or businesses. If
Sub recipient 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
Comn:mnity 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 104(d) of the Act, and the implementing regulations
at 49 CFR 24 and 24 CFR 570.606. Subrecipient hereby agrees to defend, to pay,
and to indemnify the Grantee from and against any and all claims and liabilities for
relocation benefits or the provision of replacement dwelling units required by federal
statutes and regulations in connection with activities undertaken pursuant to this
Agreement.
M. Lobbying Restrictions
Subrecipient certifies that, to the best of its knowledge and belief:
No Federal appropriated funds have been paid or will be paid, by or on behalf of it,
to any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee
of a ~Iember of Congress in connection with the awarding of any Federal contract, the
19
"
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
modifi.cation 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 Melnber 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 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
disclo:)e 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 me the required certification shall be
subject to a civil penalty of not less than $10,000 and not more than $100,000 for each
such failure.
N. Provisions Required by Law Deemed Inserted
Each and every provision of law and clause required by law to be inserted in this
Contract shall be deemed to be inserted herein and the contract shall be read and
enforced as though it were included herein, and if through mistake or otherwise any
such provision is not inserted, or is not correctly inserted, then upon the application
of either party the contract shall forthwith be physically amended to make such
insertion or correction.
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
V.S.C. 470) and the procedures set forth in CFR, Part 800, Advisory Council of
20
!'
,.
Histoilc preservation Procedures for Protection of Historic properties, insofar as they
apply to the performance of this contract.
In general, this requires concurrence from the State Historic Preservation Officer for
all rehabilitation and demolition of historic properties that are fIfty years old or older
or that are included on a Federal, State, or local historic property list.
21. MISCELLANEOUS
A This Agreement shall be governed by and construed according to the
laws of the State of Georgia.
B. Time shall be of the essence to this Contract, except where it is herein
specifically provided to the contrary. Subrecipient shall provide the scope
of services in accordance with the schedules set forth in Appendix B.
IN W][TNESS WHEREOF, the parties have set their hands and seals as of the date
fIrst written above.
SEAL
AUGUSTA~ GEORGIA
(Grantee)
A1TEST:
~
~~~
Clerk of Commission
TlIII documtnI ..1Md u
~~1,~
21
,.
ATTEST:
SEAL
V~~A.~a.
William M. Mitchell, Jr. ' f/
As :it Treasurer
4t" ~
(JPlain itness)
METRO AUGUSTA
CLEAN & BEAUTIFUL, INC.
(Subrecipient)
~
APPENDIX A
Project Area
The office facility is located at 525 Telfair Street, Augusta, Georgia. The clean-ups are
to be undertaken in targeted low and moderate income neighborhoods which includes
Bethlehem, East Augusta, Laney-Walker, Turpin Hills, Sand Hills, South Turpin Hills
and Barton Village neighborhoods.
APPENDIX B
Goals, Objectives, and Tasks
The purpose of the Augusta/Richmond Clean & Beautiful Commission is to develop
an awareness among the citizens of Augusta-Richmond County (ARC) for the proper
dispOS<lJ of solid waste and to encourage citizens to abide by all regulations concerning
such dlsposal; to develop programs within the local government and the community
to aid in the sustained reduction of litter; and to enlist public support and to encourage
public involvement in the implementation of beautification programs.
Four neighborhood clean-up campaigns will be undertaken in targeted low and
moderate income neighborhoods during 1998. Trash dumpsters will be positioned in
said neighborhoods so area residents can dispose of trash, debris, appliances and
furnishings. The Subrecipient will contract with Contractors to haul said debris to the
Countv landfill.
The Subrecipient shall obtain at least three (3) quotations from qualified Contractors.
The contract shall be awarded to the most responsible bidder with a copy of said
contract(s) submitted to Grantee. If contract exceeds $2,000, all Federal requirements
aforeITLentioned in this agreement are applicable.
This activity shall be completed by December, 31, 1998. A schedule for completion
of this :activity shall be submitted to Grantee within 15 days after the execution of this
agreenlent. The schedule shall be in sufficient detail for Grantee to monitor the
perfonnance of this agreement.
23
"
Responsibilities of Subrecipient:
I. Provide services as stated in this Contract.
2. Read all regulations attached herein to this Contract.
3. Insure that clean-up campaigns are .undertaken in targeted low and moderate
income neighborhoods.
4. Request reimbursement of expenditures for items allowed per budget.
5. Carry out activity in a timely manner.
Responsibilities of Grantee:
I. Provide Technical Assistant to assist subrecipient in complying with applicable
laws and regulations.
2. Monitor subrecipient to determine if the activity is being carried out as
described in this Contract. (Monitoring shall consist of site visits and review of
records).
APPENDIX C
Budget
Trash, Debris, etc. Removal
$19,300
APPENDIX D
Reporting Requirements
The Subrecipient shall submit to the Grantee the following reports for the term of this
agreer.nent.
I. Quarterly Program Progress and Financial Reports or Detailed List of
Cash Receipts and Cash Disbursements.
3. Annual Program Progress and Financial Reports or Detailed List of Cash
Receipts and Cash Disbursements.
4. If applicable, Audit Report. If Subrecipient is not required to have an
audit, an annual Financial Report shall be submitted to Grantee.
24
I"
APPENDIX F
Reports' Schedule
I. Quarterly Program Progress and Financial Reports Due:
lst April 15, 1998
2nd July 15, 1998
3rd October 15, 1998
4th January 15, 1999
2. Annual Report Due:
January 30, 1999
For Reporting Period:
January I, 1998 - March 30, 1998
April I, 1998 -June 30, 1998
July I, 1998 - September 30, 1998
October I, 1998 - December 31, 1998
For January I, 1998 through December 31, 1998
3. Audit Report due within 30 days after completion of audit.
,.
ATTACHMENT # 1
Regulations, Circulars & Local Procurement Policy
a. Community Development Block Grant Entitlement Program 24 CF 570
b. 24 cm 85
"Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments," specified at 24 CFR
570.502(a).
c. OMB Circular A-122
"Cost Principles for Non-Profit Organizations," or
d. OMB Circular A-21
"Cost Principles for Educational Institutions"
e. OMB Circular A-I 10; Attachments A, B, C, F, H, N, and O.
"Grants and Agreements with Institutions of Higher Education, Hospitals, &
Other Non-Profit Organizations"
f. OMB Circular A-133, "Audits of Institutions of Higher Education and Other
Non-Profit Institutions"
g. Augusta-Richmond County Procurement Policy
,..
ATTACHMENT #2
Forms
a. Reimbursement Request
b. Reports: Quarterly Program Progress
c. Reports: Annual Program Progress
...
CONTRACT BETWEEN AUGUSTA, GEORGIA
AND
WESLEY HOMES, INC.
FOR
l1iE 1998 COMl\1UNITY DEVELOPMENT BLOCK GRANT PROGRAM
THIS AGREEMENT, made and entered into on this ~ day of January, 1998,
by and benveen 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 WESLEY HOMES, INC.,
(hereinafter referred to as the "Subrecipient").
Wf[EREAS, 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
use 5301 et seq.) (the Act); and
Wf[EREAS, pursuant to such Grant, the Grantee is undertaking certain programs and
services necessary for the planning, implementation and execution of such a
Cornmunity Development Block Grant Program; and
Wf[EREAS, 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 Sub recipient shall perform all the necessary services provided under this
Contract in accordance with and respecting the following project:
"St.John Towers' Range Replacement"
The Subrecipient shall do, perform, and carry out, in a satisfactory manner, as
determined by the Grantee, the goals, objectives, and tasks set forth in Appendix B,
and incorporated herein by reference.
~
2. TERMS; TERMINATION
a. The services of the Sub recipient are to commence on January I, 1998,
and shall be undertaken and completed in such sequence as to assure
their expeditious completion in the light of the purposes of this Contract
unless so otherwise specified in the Contract Section 19 (General Terms
and Conditions). This Agreement shall remain in effect until December
31, 1998, or until this Agreement is otherwise terminated.
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 Sub recipient under any of the following
conditions:
I) 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
2
l.
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:
(l) 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 O:MB Circular A-IIO. [Attachment l# (b & e)];
(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. KEY PERSONNEL
a. Sub recipient shall assign to this Contract the following key personnel:
1. Patty Strickland, Administrator
ll. Marshall Williams, Coordinator
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 ofHND 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
3
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 Sub recipient 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. INSPECTION AND ACCEPTANCE
All tiSks 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
Sub:recipient may be held in default.
6. SEVERABILITY
If any term or condition of this Agreement is found by a court of competent
juri~diction 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 $ 24~ 1 00 for full performance
of the services specified under this Agreement. Any cost above this amount shall be
4
the sole responsibility of the Subrecipient. Sub recipient 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 Sub recipient and proper supporting documentation has been
subrnitted in conformity with the approved and executed budget document which is
attadhed to this Contract as Appendix C, incorporated herein by reference. In every
case, payment will be made subject to receipt of a reimbursement request for payment
from the Subrecipient specifying and certifying that such expenses have been incurred
and expended in conformance with this Contract and that the Subrecipient is entitled
to receive the amount requested under the terms of this Contract.
Paynlents will be made on a montWy basis only with a 30-day turnaround period by
Grantee. Requests for payments must be received by Grantee not later than the I yh
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 fue 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. 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
(161JSC 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.
5
Further, any funded activity must be designed or so located as to principally benefit
lower income persons as defined in the program regulations. The Subrecipient agrees
to maintain documentation that demonstrates that the activities carried out with funds
meets the aforementioned national objective.
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, OMB Circular A-87, "Principles for
Determining Costs Applicable to Grants and Contracts with State, Local, and
Federally Recognized Indian Tribal Governments;" OMB 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, OMB Circular A-122, "Cost Principles
for Non-Profit Organizations," or OMB Circular A-21, "Cost Principles for
Educational Institutions," as applicable; OMB Circular A-133, "Audits of Institutions
of Higher Education and Other Non-Profit Institutions," and Attachments A, B, C,
F, H, N, and 0 to OMB Circular A-IIO, as specified at 24 CFR 570.502(b).
Sub recipient is prohibited from using funds provided herein for political activities,
secta.rian or religious activities, or lobbying activities.
9. PROGRAM INCOME
Program Income (defmed at 24 CFR 570.500 and 570.504) derived from the project
is anticipated to be approximately $0.
10. REVERSION OF ASSETS
Any real property under the Subrecipient's control acquired or improved in whole or
in part with CDBG funds (including funds provided to the Sub recipient in the form of
a loan) in excess of $25,000 will be used to meet one of the national objectives in
~5 70.208 until five years after expiration of this Contract, or for such longer period of
time as determined to be appropriate by the Grantee.
6
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
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. INDEMNIFlCATION
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 Sub recipient from any obligations under this Contract.
14. INSURANCE & BONDING
Sub recipient shall carry sufficient insurance coverage to protect contract assets from
loss due to theft, fraud and/or undue physical damage, and as a minimum shall
purchase a blanket fidelity bond covering all employees in an amount equal to cash
advances from the Grantee. All policies providing insurance coverage required to be
maintained by Subrecipient hereunder shall list Grantee, The Augusta-Richmond
County Commission and its Mayor, and their officers, agents, members, employees
and successors as named insureds, as their interests may appear, and shall be issued by
an insurance carrier or carriers licensed to do business in the State of Georgia and
reasonably acceptable to Grantee. All such policies shall provide that no act or
omission of Grantee or its agents, servants, or employees shall in any way invalidate
any insurance coverage for the other named insureds. No insurance policy providing
any insurance coverage required to be provided by Sub recipient hereunder shall be
cancelable without at least 15 days advance written notice to Grantee. All insurance
7
policies required hereunder, or copIes thereof, shall be provided to Grantee by
Subrecipient.
15. GRANTOR RECOGNITION
Sub recipient 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
Sub recipient is subject to the Georgia Open Meetings Law if it receives more than
33%0/0 of its funds from taxpayer sources. Accordingly, the Sub recipient will take the
follmving 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
pres::;, 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.
18. ENTIRE CONTRACT; ALTERATION
Tllli: 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.
8
19. GENERAL TERMS AND CONDITIONS
A. REPORTS
The Subrecipient agrees to submit to Grantee program progress and fmancial
reports and any other reports that may be specified in Appendix D.
lB. CLIENT DATA
Subrecipient agrees to maintain racial, ethnic, gender, head of household,
household income, and household size data showing the extent to whi~h these
categories of persons have participated in, or benefitted from the project, and
to submit this information to the Grantee within 30 days after December 31,
1998.
C. RECORDS TO BE IvfAINTAINED
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;
n. Records demonstrating that each activity undertaken meets one of
the National Objectives of the CDBG Program;
lll. Records required to determine the eligibility of activities;
IV. Financial records as required by 24 CFR Part 570.502, and OMB
Circular A-133; and
v. 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 Sub recipient receives $300,000
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 quarterly fmancial reports to the Grantee.
9
If Subrecipient do not prepare fmancial 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 the project.
E. RETENTION
The Sub recipient 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 fmal time rather than from the date
of submission of the fmal expenditure report for the award.
F. PER:MITS
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
10
family, business, or other ties. Further, no member, officer, or employee of
Sub recipient 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 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.
J. SECTION 504
The Sub recipient 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 10 1-336), 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
11
nlanner for performance of the services required of it by the terms of this
Contract. The Sub recipient 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.
L. 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 defmed by such policy and as may
be procured with funds provided herein.
20. OTHER PROVISIONS
A. Equal Employment Opportunity
The following provisions (I) 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 $l 0,000:
(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 Sub recipient will, in all solicitations or advertisements for
12
employees placed by or on behalf of the Subrecipient, state that all
qualified applicants will receive consideration for employment
without regard to race, creed, religion, sex, age, handicap,
disability, sexual orientation, ancestry, national origin, marital
status, or any other basis prohibited by applicable law.
(3) The Sub recipient 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
Sub recipient'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 Sub recipient 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.
(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 Sub recipient
may be declared ineligible for further Government contracts or
federally assisted construction contracts in accordance with
procedures authorized in Executive Order 11246 of September 24,
1965, as amended, and such other sanctions may be imposed and
remedies invoked as provided in Executive Order 11246 of
September 24, 1965, as amended, or as otherwise provided by law.
13
(7) The Subrecipient will include the portion of the sentence
immediately preceding paragraph (I) and the provisions of
paragraphs (I) 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 Sub recipient 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, cre.ed,
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:
14
a. Deny any facilities, services, fmancial aid, or other benefits
provided under the program or activity.
b. 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.
c. 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.
d. Restrict in any way access to, or the enjoyment of any advantage
or privilege enjoyed by others in connection with facilities, services,
fmancial aid or other benefits under the program or activity.
e. 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.
f. 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 (510/0) owned and controlled by minority
group members or women. For the purpose of this definition, "minority group
menlbers" are Mrican-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.
15
D. SECTION 3 CLAUSE
The Subrecipient will conform with the rules and regulations set forth under Section
3 of the Housing and Urban Development Act of 1968, (12 USC 170 I 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
soliciUl.tions 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
contra.ct or subcontract.
If a Subrecipient solicits or requests an invitation for bids, every effort feasible will be
made to contact minority-owned and women-owned business enterprises for a response
to the solicitation or invitation for bidders.
E. Nondiscrimination in Federally-Assisted Programs
The Sub recipient 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 Sub recipient will comply
with Title vn of the Civil Rights Act of 1968 (PL 90-284) as amended and will
admjnister all programs and activities related to housing and community development
in a manner to affirmatively further Fair Housing.
16
]<'. Labor Standards
Except with respect to the rehabilitation of residential property designed for residential
use for less than eight households, the Subrecipient and all subcontractors engaged in
contracts in excess of $2,000 for the construction, completion, rehabilitation, or repair
of any building or work financed in whole or in part with assistance provided under
this Agreement are subject to the federal labor standards provisions which govern the
payment of wages and the ratio of apprentices and trainees to journeyworkers. Under
the terms of the Davis-Bacon Act, as amended, the Subrecipient is required to pay all
laborers and mechanics employed on construction work wages at rates not less than
those prevailing on similar construction in the locality as determined by the Secretary
of Labor, and shall pay overtime compensation in accordance with and subject to the
provis:lons of the Contract Work Hours and Safety Standards Act (40 USC 327-332),
and the Subrecipient shall comply with all regulations issued pursuant to these Acts
and with other applicable Federal laws and regulations pertaining to labor standards,
including the Copeland "Anti-Kickback" Act. Provided that if wage rates higher than
those required under the regulations are imposed by State or Local laws, nothing
hereunder is intended to relieve the Subrecipient of its obligation, if any, to require
payment of the higher rates.
G. Flood Disaster Protection
This Agreement is subject to the requirements of the Flood Disaster Protection Act of
1973 (pL93-234). Use of any assistance provided under this Agreement for acquisition
or construction in an area identified as having special flood hazards shall be subject to
the mandatory purchase of flood insurance with the requirements of Section 102(a) of
said Act.
H. Clean Air Act and Federal Water Pollution Control Act (Applicable to
Contracts and Subcontracts which exceed $100,000).
The Subrecipient shall comply with and require each subcontractor to comply with all
appEcable standards of the Clean Air Act of 1970 (42 USC 1857 et seq.), as amended,
the Clean Air Act of 1990, the Federal Water Pollution Control Act (33 USC 1251 et
seq.), as amended, and the regulations of the Environmental Protection Agency with
respect thereto, at 40 CFR Part 15, as amended from time to time.
I. Provisions of the Hatch Act
17
Neither the Subrecipient program nor the funds provided therefor, nor the personnel
employed in the administration of the program shall be in any way or to any extent
engaged in the conduct of political activities in contravention of Chapter 15 of Title
5, United States Code.
J Lead-Based Paint
Any grants or loans made by the Sub recipient for the rehabilitation of residential
structures with assistance provided under this Agreement shall be made subject to the
provisions for the elimination oflead-based paint hazards under 24 CFR Part 35. The
Subrecipient, at its sole cost, will comply with the requirements of 24 CFR 570.608 for
notification, inspection, testing, and abatement procedures concerning lead-based
paint. Such regulations require that all owners, prospective owners, and tenants of
properties constructed prior to 1978 be properly notified that such properties may
contain lead-based paint. Such notification shall point out the hazards of lead-based
paint and explain the symptoms, treatment, and precautions that should be taken
when dealing with lead-based paint poisoning.
K. Special Assessments
Subrecipient will not attempt to recover any capital costs of public improvements
assisted in whole or in part with funds provided under Section 106 of the Act or with
amounts resulting from a guarantee under Section 108 of the Act by assessing any
amount against properties owned and occupied by persons of low and moderate
incorne, including any fee charged or assessment made as a condition of obtaining
access to such public improvements, unless: (I) 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 (I).
L. Acquisition, Rehabilitation, and Demolition of Real Property and
Displacement of Persons and Businesses
SubJrecipient will comply with the "Grantee's Community Development Block Grant
Program Plan for Minimizing the Displacement of Persons as a result of Community
18
Development Block Grant Funded Activities" and the Grantee's Community
Development Block Grant Program Residential Anti-displacement and Relocation
Assistance Plan." The Subrecipient will conduct any acquisition, rehabilitation, or
demolition, of real property, and any negotiations for acquisition, rehabilitation, or
demolition of real property in compliance with the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970, as amended, Section 104(d) of the Act,
and the implementing regulations at 49 CFR 24 and 24 CFR 570.606. Unless
specifically permitted in Appendix B or Appendix C, Subrecipient will not cause
either l:emporary 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
Comnlunity Development Block Grant Activities," and Sub recipient 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 104(d) of the Act, and the implementing regulations
at 49 CFR 24 and 24 CFR 570.606. Sub recipient hereby agrees to defend, to pay,
and to indemnify the Grantee from and against any and all claims and liabilities for
relocation benefits or the provision of replacement dwelling units required by federal
statutes and regulations in connection with activities undertaken pursuant to this
Agreement.
M. Lobbying Restrictions
Subr<ecipient certifies that, to the best of its knowledge and belief:
No F'ederal 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 :\1ember 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 :N.lember of Congress, in connection with this Federal Contract, grant, loan, or
19
cooperative agreement, it ",rill 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 11 be included in the award
docum.ents for all subawards at all tiers (including subcontractors, subgrants, and
contracts under grants, loans, and cooperative agreements) and that all subrecipients
shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by Section 1352, Title
31, United States Code. Any person who fails to fIle the required certifIcation shall be
subject to a civil penalty of not less than $10,000 and not more than $100,000 for each
such failure.
N. Provisions Required by Law Deemed Inserted
Each and every provision of law and clause required by law to be inserted in this
Contract shall be deemed to be inserted herein and the contract shall be read and
enforced as though it were included herein, and if through mistake or otherwise any
such provision is not inserted, or is not correctly inserted, then upon the application
of either party the contract shall forthwith be physically amended to make such
insertion or correction.
O. HISTORIC PRESERVATION
If applicable, the Sub recipient 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.
20
\.
21. MISCELLANEOUS
A. This Agreement shall be governed by and construed according to the
laws of the State of Georgia.
B. Time shall be of the essence to this Contract, except where it is herein
specifically provided to the contrary. Subrecipient shall provide the scope
of services in accordance with the schedules set forth in Appendix B.
IN WITNESS WHEREOF, the parties have set their hands and seals as of the date
first 'written above.
SEAL
w
ATT!E:ST:
-+!J1~~
Clerk of Commission
~_d.
~~f
omey Date
SEAL
By:
WESLEY HOMES~ INC.
(Subrecipient)
~~~
William L. Minnix,Jr.
As its President
ATfEST:
r'''----
-
"./
Tim y N. Hen~
As its Corporate Secr I)'
?p~- -/~/-c
-
(plaiI:tWitness)
21
APPENDIX A
Project Area
The project facility is located at 724 Greene Street, Augusta, Georgia.
APPENDIX B
Goals~ Objectives~ and Tasks
Wesley Homes, Inc., a non-profit organization, owns and manages St. John Towers; a
housing complex designated for elderly person's aged 62 and over. The housing complex
is a ISo-story high-rise apartment consisting of 267 apartment units serving 274 elderly
residents that are presumed to be low and moderate income persons according to the
Depanment of Housing and Urban Development. The 266 ranges in the apartment
complex have been in service for 24 years and are in dire need of replacement. Specifically,
CDBG fund will be used to replace 100 ranges. The purchase and installation of the ranges
shall be completed by December 31, 1998.
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. Read all regulations attached herein to this Contract.
2. Follow proper procurement procedures for purchase of ranges.
3. Incorporate all Federal requirements in contract documents.
4. Submit to Grantee a copy of plans and specifications for review and approval before
project is let for bid.
5. Notify Grantee of Bid date and Preconstruction meeting.
6. Request reimbursement of expenditures for items allowed per budget.
7. Shall provide to Grantee the use of the facility for the period covered by this
agreement.
8. Carry out activity in a timely manner.
22
Responsibilities of Grantee:
I. Provide Technical Assistance to assist Subrecipient in complying with applicable
laws and regulations.
2. Assist agency with procurement procedures.
3. Provide all materials pertaining to Federal requirements for inclusion in contract
documents.
3. Attend Bid opening and Preconstruction meeting.
4. Monitor Sub recipient to determine if the activity is being carried out as
described in this Contract. (Monitoring shall consist of site visits and review of
records).
5. Monitor project for compliance with the Davis-Bacon Act and other program
requirements.
APPENDIX C
Budget
Purchase of 100 ranges
$24,100
APPENDIX D
Reporting Requirements
The Subrecipient shall submit to the Grantee the following reports for the term of this
agreement.
I. Quarterly Program Progress
2. Annual Program Progress
3 Audit Report
23
~ "
APPENDIX E
Report's Schedule
I. (2.,uarterly Program & Progress Reports Due:
For Reporting Period:
1"1 April15, 1998 January 1, 1998 - March 30, 1998
2nd July 15, 1998 April 1, 1998 -June 30, 1998
grd October 15, 1998 July 1, 1998 - September 30, 1998
4th January 15, 1999 October 1,1998 - December 31,1998
2. Annual Report(s) and Use of Property Due:
1"1 January 30, 1999
2nd January 30, 2000
3rd January 30, 2001
4th January 30, 2002
5th January 30, 2003
January 1, 1998 through December 31, 1998
January 1, 1999 through December 31, 1999
January 1,2000 through December 31,2000
January 1,2001 through December 31,2001
January 1, 2002 through December 31, 2002
3. Audit Report due within 30 days after completion of audit.
24
ATTACH:MENT # I
Regulations/ Circulars~ & Local Procurement Policy
a. Community Development Block Grant Entitlement Program 24 CF 570
b. 24 CFR 85
"Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments," specified at 24 CFR 570.502(a).
c. 0 MB Circular A-122
"Cost Principles for Non-Profit Organizations," or
d. 0 MB Circular l- 21
"Cost Principles for Educational Institutions"
e. OMB Circular A-IIO; Attachments A, B, C, F, H, N, and O.
"Grants and Agreements with Institutions of Higher Education, Hospitals, &
Other Non-Profit Organizations"
f. 0 MB Circulars A-133, "Audits of Institutions of Higher Education and Other
Non Profit Institutions"
g. Augusta-Richmond County Procurement Policy
" 6
ATTACHMENT # 2
Forms
a. CDBG Income Verification
b. Inventory
c. Reimbursement Request
d. Reports: Quarterly Program Progress
e. Reports: Annual Program Progress
-..,
CONTRACT BETWEEN AUGUSTA, GEORGIA
AND
DELTA HOUSE, INC.
FOR
THE 1998 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
THIS AGREEMENT, made and entered into on this -1s.t day of -January, 1998,
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 DELTA HOUSE, INC.,
(hereinafter referred to as the "Subrecipient").
'WHEREAS, the Grantee has received a Community DevelopmentBlock 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 5~;O I 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
service~;, 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 parries hereto do mutually agree as follows:
1. SCOPE OF SERVICE
The Sub recipient shall perform all the necessary services provided under this Contract
in accordance with and respecting the following project:
"Lucy C. Laney Historic and Art Research Program"
The purpose of this activity is to provide a computer supported Historical Research
and Art Program for low and moderate income youths in the Laney-Walker
neighborhood.
The Sub recipient shall do, perform, and carry out, in a satisfactory manner, as
determined by the Grantee, the goals, objectives, and tasks set forth in Appendix B,
and incorporated herein by reference.
2. TlE:RMS; TERMINATION
a. The services of the Subrecipient are to commence on January I, 1998,
and shall be undertaken and completed in such sequence as to assure
their expeditious completion in the light of the purposes of this Contract
unless so otherwise specified in the Contract Section 19 (General Terms
and Conditions). This Agreement shall remain in effect until December
31, 1998, or until this Agreement is otherwise terminated.
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
Sub recipient, 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. Ail 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:
I) 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
2) Notification by HUD to the Grantee that said project is deficient
and that continued support of the project is not providing an
adequate level of services to low income and minority people; or
3) Written notification from HUD to the Grantee that the program
funds made available to the Grantee are being curtailed,
withdrawn, or otherwise restricted.
e. The Grantee also reserves the right to terminate this Contract or to
reduce the contract compensation amount if the Subrecipient:
(l) 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 OMB Circular A-IIO. [Attachment #l (b)];
(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. JffiY PERSONNEL
CL. Subrecipient shall assign to this Contract the following key personnel:
1. Christine Miller-Betts, President
11. Agnis Myers, Treasurer
111. Felicia L. Peters, Computer Specialist
3
b. During the period of performance, Sub recipient 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 Subrecipientwithin 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. INSPECTION AND ACCEPTANCE
All tasks and reports shall be conducted and completed in accordance with recognized
and cm,tomarily accepted industry practices, and shall be considered complete when
service~; 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 (l0) 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.
4
6. SI~VERABILITY
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$ 20,200 for full performance
of the services specified under this Agreement. Any cost above this amount shall be
the sole responsibility of the Sub recipient. Subrecipientshall submit monthly requests
for payments to the Housing and Neighborhood Development (HND) Department.
Compensation shall be allowed on a reimbursement basis, only after expenditures
have been incurred by the Subrecipient and proper supporting documentation has
been submitted in conformity with the approved and executed budget document
which is attached to this Contract as Appendix C, incorporated herein by reference.
In every case, payment will be made subject to receipt of a reimbursement request for
payment from the Sub recipient 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.
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 Sub recipient 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. lUSE 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
5
regulations is incorporated by reference. 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
61 0 I) (a.nd 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 as defined in the program regulations. The Subrecipient agrees
to maintain documentation that demonstrates that the activities carried out with funds
meets the aforementioned national objective.
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, OMB Circular A-87, "Principles for
Determining Costs Applicable to Grants and Contracts with State, Local, and
FederaUy Recognized Indian Tribal Governments;" OMB 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, OMB Circular A-122, "Cost
Principles for Non-Profit Organizations, II or OMB Circular A-21, "Cost Principles for
Educadonal Institutions," as applicable; OMB Circular A-133, "Audits of Institutions
of Higher Education and Other Non-Profit Institutions," and Attachments A, B, C,
F, H, N, and 0 to OMB Circular A-IlO, as specified at 24 CFR 570.502(b).
Subrecipient is prohibited from using funds provided herein for political activities,
sectarian or religious activities, or lobbying activities.
9. PROGRAM INCOME
Program Income (defined at 24 CFR 570.500 and 570.504) derived from the project
is anticipated to be approximately $0.
6
10. REVERSION OF ASSETS
Any real property under the Subrecipient's control acquired or improved in whole or
in part v\'ith CDBG funds (including funds provided to the Sub recipient 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 a.s determined to be appropriate by the Grantee.
11. INDIRECT COSTS
Indirect costs will only be paid if Sub recipient has an indirect cost allocation plan
approved by the Department of Housing and Urban Development prior to the
execution of this Contract.
12. TRAVEL
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 30 I).
13. lNDEMNIFICATION
Subrecipient agrees to indemnifY and hold harmless Grantee from any and all claims
in any way related to or arising out of Sub recipient's performance of its obligations
hereunder and/or Sub recipient's failure to perform its obligations hereunder or
related to or arising out of any damage or injury to property or persons, occurring or
allegedly occurring in connection with Subrecipient's performance or non-
performance of its obligations hereunder. No payment, however, final or otherwise,
shall operate to release the Subrecipient from any obligations under this Contract.
14. INSURANCE & BONDING
Sub recipient shall carry sufficient insurance coverage to protect contract assets from
loss du.e to theft, fraud and/or undue physical damage, and as a minimum shall
purcha.se 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
7
and successors as named insureds, as their interests may appear, and shall be issued
by an insurance carrier or carriers licensed to do business in the State of Georgia and
reasonably acceptable to Grantee. All such policies shall provide that no act or
omission of Grantee or its agents, servants, or employees shall in any way invalidate
any insurance coverage for the other named insureds. No insurance policy providing
any insurance coverage required to be provided by Subrecipient hereunder shall be
cancelable without at least 15 days advance written notice to Grantee. All insurance
policies required hereunder, or copies thereof, shall be provided to Grantee by
Subrecipient.
15. GRANTOR RECOGNITION
Subrecipient shall insure recognition of the role of the grantor agency in providing
services through this contract. All activities, facilities and items utilized pursuant to
this contract shall be prominently labeled as to funding source. In addition, the
Subrecipient will include a reference to the support provided herein all publications
made possible with funds made available under this contract.
16. OPEN MEETINGS LAW COMPUANCE
Subrecipient is subject to the Georgia Open Meetings Law if it receives more than
331130/0 of its funds from taxpayer sources. Accordingly, the Subrecipientwill 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.
Subrec:ipient 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.
8
17. ASSIGNMENT
Without the prior written consent of the Grantee, this Agreement is not assignable by
the Subrecipient, either in whole or in part.
18. ENTIRE CONTRACT; ALTERATION
This Agreement is the entire agreement between the parties hereto. No alteration or
variation in the terms of this Agreement shall be valid unless made in writing and
signed by the parties hereto.
19. G:ENERAL TERMS AND CONDITIONS
A. REPORTS
The Sub recipient agrees to submit to Grantee program progress and financial
reports and any other reports that may be specified in Appendix D.
B. CLIENT DATA
Sub recipient agrees to maintain racial, ethnic, gender, head of household,
household income, and household size data showing the extent to which these
ca.tegories of persons have participated in, or benefited from the project, and
to submit this information to the Grantee within 30 days after December 31,
1998.
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;
11. Records demonstrating that each activity undertaken meets one
of the National Objectives of the CDBG Program;
lll. Records required to determine the eligibility of activities;
IV. Financial records as required by 24 CFR Part 570.502, and OMB
9
Circular A-133; and
v. Other records necessary to document compliance with Subpart K
of24 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
tra.nsactions so that all expenditures may be properly audited. If the
Su brecipient receives $300,000 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
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 the project.
E. RETENTION
The Subrecipient hereby severally warrants that all project records, books,
papers, and documents will be retained for a period of not less than four (4)
years after the termination of all activities funded under this contract, or after
the resolution of all Federal audit findings, whichever occurs later and grants
the Grantee the option of retention of the project records, books, papers, and
documents. The retention period shall start from the date of submission of the
Grantee's annual performance report, as prescribed in 24 CFR 91.520, in
which the specific activity is reported on for the final time rather than from the
date of submission of the final expenditure report for the award.
F. PERMITS
The Subrecipient agrees to obtain all necessary permits for intended
:improvements or activities.
10
.,
G. AFFIRMATIVEACTION
The Subrecipient, if its program involves housing, agrees to affirmatively
further fair housing.
H" CONFLICT OF INTEREST
The Sub recipient 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. .
1. 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
12
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 Sub recipient 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.
1.. 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
a.s may be procured with funds provided herein.
20. OTHER PROVISIONS
A. Equal Employment Opportunity
The following provisions (I) 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 $l 0,000:
(I) The Subrecipientshall 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
13
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 Sub recipient, state that
all qualified applicants will receive consideration for employment
without regard to race, creed, religion, sex, age, handicap,
disability, sexual orientation, ancestry, national origin, marital
status, or any other basis prohibited by applicable law.
(3) The Subrecipientwill 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 Subrecipientwill 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,
14
and orders.
(6) In the event of the Sub recipient's noncompliance with the
nondiscrimination clauses of this Contract or with any of the said
rules, regulations, or orders, this Contract may be canceled,
terminated, or suspended in whole or in part and the Subrecipient
may be declared ineligible for further Government contracts or
federally assisted construction contracts in accordance with
procedures authorized in Executive Order 11246 of September
24, 1965, as amended, and such other sanctions may be imposed
and remedies invoked as provided in Executive Order 11246 of
September 24, 1965, as amended, or as otherwise provided by
law.
(7) The Subrecipient will include the portion of the sentence
immediately preceding paragraph (I) and the provisions of
paragraphs (I) 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 RegulationsofHUD (24
CFR Part 570.60 I 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,
15
national ongm, 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 Sub recipient 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:
a. Deny any facilities, services, financial aid, or other benefits
provided under the program or activity.
b. 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.
c. 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.
d. 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.
e. 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.
f. Deny any person with the legal right to work an opportunity to
participate in a program or activity as an employee.
16
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
perfomlance of this contract. As used in this contract, the term "minority and female
business enterprise," means a business at least fifty-one (51 0/0) 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 Su.brecipientwill conform with the rules and regulations set forth under Section
3 of the Housing and Urban DevelopmentAct of 1968, (12 USC I 70 I 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.
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, 4:2USC 2000d et seq.) and the Fair Housing Act (42 USC 3601-20). In
18
accordance with Grantee Policy and Title VI of the Civil Rights Act of 1964 (PL 88-
352), in the sale, lease or other transfer of land acquired, leased or improved with
assistance provided under this Agreement, the deed or lease for such transfer shall
contain a covenant prohibiting discrimination upon the basis of race, color, creed,
religion: sex, handicap, disability, sexual orientation, ancestry, national origin, marital
status, or familial status, in the sale, lease, or rental, or in the use or occupancy of such
land or any improvements erected or to be erected thereon. The Subrecipient will
comply with Title VII of the Civil Rights Act of 1968 (PL 90-284) as amended and
will administer all programs and activities related to housing and community
development in a manner to affirmatively further Fair Housing.
F. Labor Standards
Except with respect to the rehabilitation of residential property designed for
residential use for less than eight households, the Subrecipient and all subcontractors
engaged in contracts in excess of $2,000 for the construction, completion,
rehabilitation, or repair of any building or work financed in whole or in part with
assistance provided under this Agreement are subject to the federal labor standards
provisions which govern the payment of wages and the ratio of apprentices and
trainees to 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
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 Subrecipientofits 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.
19
H. Clean Air Act and Federal Water Pollution Control Act (Applicable to
Contracts and Subcontracts, which exceed $l 00,000).
The Sub recipient shall comply with and require each subcontractor to comply with
all appbcable 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.
1. Provisions of the Hatch Act
Neither the Subrecipientprogram nor the funds provided therefore, nor the personnel
employed in the administration of the program shall be in any way or to any extent
engaged in the conduct of political activities in contravention of Chapter 15 of Title
5, United States Code.
J Lead-Based Paint
Any grants or loans made by the Subrecipient for the rehabilitation of residential
structures with assistance provided under this Agreement shall be made subject to the
provisions for the elimination of lead-based paint hazards under 24 CFR Part 35.
The Subrecipient, at its sole cost, will comply with the requirements of 24 CFR
570.60B 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
oflead-based paint and explain the symptoms, treatment, and precautions that should
be taken when dealing ,,,,ith lead-based paint poisoning.
K. Special Assessments
Subrec:ipient 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
20
access to such public improvements, unless: (l) 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 ag3.inst
properti.es 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 (I).
1.. Acquisition, Rehabilitation, and Demolition of Real Property and
Displacement of Persons and Businesses
Subrecipient will comply with the "Grantee's Community Development Block Grant
Program Plan for Minimizing the Displacement of Persons as a result of Community
Development Block Grant Funded Activities" and the Grantee's Community
Development Block Grant Program Residential Anti-displacement and Relocation
Assistance Plan." The Subrecipient will conduct any acquisition, rehabilitation, or
demolition, of real property, and any negotiations for acquisition, rehabilitation, or
demolicion of real property in compliance with the Uniform Relocation Assistance
and Real Property Acquisition Policies Act of 1970, as amended, Section 104(d) of the
Act, and the implementing regulations at 49 CFR 24 and 24 CFR 570.606. Unless
specifically permitted in Appendix B or Appendix C, Subrecipient will not cause
either temporary or permanent involuntary displacement of persons or businesses.
If Sub recipient 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 Subrecipientshall 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 J. 970, as amended, Section 104(d) of the Act, and the implementing regulations
at 49 CFR 24 and 24 CFR 570.606. Subrecipient hereby agrees to defend, to pay,
and to indemnifY the Grantee from and against any and all claims and liabilities for
relocation benefits or the provision of replacement dwelling units required by federal
statute5 and regulations in connection with activities undertaken pursuant to this
Agreemen t.
21
~L Lobbying Restrictions
Sub recipient 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 fllnds 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 Mem ber of Congress, in connection with this Federal Contract, grant, loan, or
cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure
Form to Report Lobbying" in accordance with its instructions; and
It will require that the language of this paragraph M be included in the award
documents for all subawards at all tiers (including subcontractors, subgrants, and
contracts under grants, loans, and cooperative agreements) and that all subrecipients
shall certifY and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by Section 1352,
Title 31, United States Code. Any person who fails to file the required certification
shall be subject to a civil penalty of not less than $10,000 and not more than $100,000
for each such failure.
N. Provisions Required by Law Deemed Inserted
Each and every provision of law and clause required by law to be inserted in this
Contract shall be deemed to be inserted herein and the contract shall be read and
enforced as though it were included herein, and if through mistake or otherwise any
such provision is not inserted, or is not correctly inserted, then upon the application
of either party the contract shall forthwith be physically amended to make such
insertion or correction.
22
O. HISTORIC PRESERVATION
If applicable, the Sub recipient 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. l\fiSCEILANEOUS
A. This Agreement shall be governed by and construed according to the
laws of the State of Georgia.
B. Time shall be of the essence to this Contract, except where it is herein
specifically provided to the contrary. Subrecipient shall provide the
scope of services in accordance with the schedules set forth in Appendix
B.
IN WITNESS WHEREOF, the parties have set their hands and seals as of the date
first written above.
SEAL
AUGUSTA, GEORGIA
(Grantee)
ATTEST:
$~~
Q,vl)
: : ..~ ~~~ ""~'.'.....'" -- .. . .
. .... "".. ...
. .. .
fB~-'>"."""'"
. '
. . .
. . ..
. . . ..... . . .
~ : .:. . .
. .
. . . . . .. .
Clerk of Commission
~;,
23
ATTEST:
SEAL
1!~lfr~Jh~
Lela W. Stone
As its Vice President of Board
k7/~
I (Plain Wit s)
By:
24
DELTA HOUSE, INC.
(Subrecipient)
~~) ~⁢-
Christine Miller-Betts
As its President of Board
APPENDIX A
Project Area
The prqject is located at 1116 Phillips Street, Augusta, Georgia.
APPENDIX B
Goals, Objectives, and Tasks
The objective of this project is to provide low and moderate income youths between the ages of 10-
18 in the Laney Walker neighborhood computer training to do historic research and art
history research. Forty (40) low and moderate income students will be provided computer
training five days a week from 3 p.m. to 6:30 p.m. during 1998.
Upon completion of the computer course, students will be able to do basic art and history
research, compile research notes, write an 350-500 word essay, write a 750-1,000 word
research document, tape an oral history, do a professional art project (painting, drawing,
watercolor, and poster), use computer software to develop appropriate activities, use
software to review GED, ACT and SAT and develop good reading and research skills.
Instructions will consist oflectures, hands on, a history and art periodicals, books, video and
audiotapes to assist students in their endeavors. Computers will be used for documenting
written assignments. Students desiring to do oral histories will use a camcorder and related
equipment. Evaluation will be an ongoing process.
Responsibilities of Subrecipient:
1. :Provide services as stated in this Contract.
2. Read all regulations attached herein to this Contract.
3. :Maintain socio-economic data on clients and insure that 51 % of persons served are
:low and moderate income persons.
4. :Maintain student attendance and evaluation records, staff time sheets and an
:lnventory log for equipment purchased.
5. Procure equipment in compliance with this Contract.
6. Request reimbursement of expenditures for items allowed per budget.
7. Carry out activity in a timely manner.
25
.
Responsibilities of Grantee:
1. Provide Technical Assistance to assist subrecipientin complying with applicable laws
and regulations.
2. W[onitor sub recipient to determine if the activity is being carried out as described in
this Contract. (Monitoring shall consist of site visits and review of records).
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.
APPENDIX C
Budget
4 Computers, Software and Installation
Tuition for 40 students @ $50.00 per students
Salary
Hooks: Historical and Art
Total
$10,000
2,000
6,300
1,900
$20,200
APPENDIX D
Reporting Requirements
The Sub recipient shall submit to the Grantee the following reports for the term of this
agreement.
1. Q"uarterly Program Progress and Financial Reports or Detailed List of Cash
Receipts and Cash Disbursements. '
2. Annual Program Progress and Financial Reports or Detailed List of Cash Receipts
and Cash Disbursements or Audit Report, if applicable.
3. Use of Equipment for five (5) years after expiration of this agreement.
26
APPENDIX E
Reports' Schedule
I. Q~uarterly Program Progress & Financial Reports Due:
For Reporting Period:
1st Apri115,1998 January 1,1998 - March 30,1998
2nd July 15,1998 April1, 1998 -June 30,1998
3rd October 15, 1998 July I, 1998 - September 30, 1998
4th Janual)' 15,1999 October 1,1998 - December 31,1998
2. Annual Report, Financial Report and Use of Equipment Due:
For Reporting Period:
pt JanuaI)' 30, 1999 January 1, 1998 through December 31, 1998
2nd January 30,2000 January 1,1999 through December 31,1999
3rt! Janual)' 30,2001 January 1,2000 through December 31,2000
4th January 30,2002 January 1,2001 through December 31,2001
yh January 30,2003 January 1,2002 through December 31,2002
3. Audit Report due within 30 days after completion of audit.
27
. ..
ATTACHMENT #l
Regulationsl Circulars &. Local Procurement Policy
a. Community DevelopmentBlock Grant Entitlement Program 24 CF 570
b. 24 CFR 85
"Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments," specified at 24 CFR
570.502(a).
c. OMB Circular A-122
"Cost Principles for Non-Profit Organizations," or
d. OMB Circular A-21
"Cost Principles for Educational Institutions"
e. OMB Circular A-IIO; Attachments A, B, C, F, H, N, and O.
"Grants and Agreements with Institutions of Higher Education,
Hospitals, & Other Non-Profit Organizations"
1: OMB Circular A-133, "Audits of Institutions of Higher Education and
Other Non-Profit Institutions"
g. Augusta-Richmond County Procurement Policy
..
ATTACHMENT #2
Forms
a. CDBG Income Verification
b. Inventory
c. Reimbursement Request
d. Reports: Quarterly Program Progress
e. Reports: Annual Program Progress
f. Time Sheet
.
r
~' ~-
., ..
CONTRACT BETWEEN AUGUSTA, GEORGIA
AND
URBAN ACTION, INC. d/b/a AUGUSTA URBAN rvITNISTRIES
FOR
THE 1998 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
THIS AGREEMENT, made and entered into on this ~ day of January, 1998,
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 URBAN ACTION, INC.
d/b/a AUGUSTA URBAN rvITNISTRIES (hereinafter referred to as the
"Subrecipient").
WHEREAS, the Grantee has received a Community Development Block Grant from
the United States Department of Housing and Urban Development (HUD) under
Title I of the Housing and Community Development Act of 1974, as amended (42
USC 5301 et seq.) (the Act); and
WHEREAS, pursuant to such Grant, the Grantee is undertaking certain programs aild
services necessary for the planning, implementation and execution of such a
Community Development Block Grant Program; and
WHERJEAS, the Grantee desires to engage the Subrecipient to render certain services,
progranls, or assistance in connection with such undertakings of the Community
Development Block Grant Program, situated in the Project Area described in
Appendix A.
NOW, THEREFORE, the parties hereto do mutually agree as follows:
1. SCOPE OF SERVICE
The Subrecipient shall perform all the necessary services provided under this Contract
in accordance with and respecting the following project:
"Furniture Bank Program"
Furniture items will be provided free of charge to homeless individuals through a
referral process from other homeless service providers.
1
:1
" '.
The Subrecipient shall do, perform, and carry out, in a satisfactory manner, as
determined by the Grantee, the goals, objectives, and tasks set forth in Appendix B,
and incorporated herein by reference.
2. TERMS; TERMJrNATION
a. The services of the Sub recipient are to commence on January I, 1998,
and shall be undertaken and completed in such sequence as to assure
their expeditious completion in the light of the purposes of this Contract
unless so otherwilse specified in the Contract Section 19 (General Terms
and Conditions). This Agreement shall remain in effect until December
31, 1998, or until this Agreement is otherwise terminated.
b. 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.
c. Further, the Grantee reserves the right to terminate this contract upon
written notification to the Subrecipient under any of the following
conditions:
I) 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.
d. The Grantee also reserves the right to terminate this Contract or to
reduce the contract compensation amount if the Subrecipient:
2
"
(I) 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 OME Circular A-IIO). [Attachment #l (b & e)];
(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. Fmy PERSONNEL
a. Sub recipient shall assign to this Contract the following key personnel:
1. Frank Windom, President
ll. Rebecca Wallace, Executive Director
ill. Sharon Holmes, Director of Furniture Bank
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 ofHND 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 Sub recipient within fifteen (15) calendar days after receipt of all
3
required information of the decision on substitutions. This clause will be
modified to reflect any approved changes of key personnel.
4. PJ~RFORMANCE MONITORING
The Grantee will monitor the performance of the Sub recipient against goals and
perform:ll1ce 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. 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., Sub recipient 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
Sub recipient 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. COMPENSATION
The Sub recipient shall be paid a total consideration of$ 12,500 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
4
attached to this Contract as Appendix C, incorporated herein by reference. In every
case, payment will be made subject to receipt of a reimbursement request for payment
from the Subrecipient specifying and certifying that such expenses have been incurred
and expended in conformance with this Contract and that the Sub recipient is entitled
to receive the amount requested under the terms of this Contract.
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 Sub recipient 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. In addition, the Sub recipient 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 use 470), Section 504 of the Rehabilitation Act of 1973 (29 USC 794) (and the
implem.enting 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 benefitnlower income persons as defined in the program regulations. The Subrecipient agrees
to maintain documentation that demonstrates that the activities carried out with funds
meets the aforementioned national objective.
5
Subrecipient agrees to comply with the uniform administrative requirements specified
at 24 CJ'R 570.502 and 24 CFR 570.610, including:
If the Subrecipient is a government agency, OMB Circular A-87, "Principles for
Determi.ning Costs Applicable to Grants and Contracts with State, Local, and
Federally Recognized Indian Tribal Governments;" OMB 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, OMB Circular A-122, "Cost Principles
for Non-Profit Organizations," or OMB Circular A-21, "Cost Principles for
Educational Institutions," as applicable; OMB Circular A-133, "Audits of Institutions
of Higher Education and Other Non-Profit Institutions," and Attachments A, B, C,
F, H, N, and 0 to OMB Circular A-llO, as specified at 24 CFR 570.502(b).
Subreclpient is prohibited from using funds provided herein for political activities,
sectarian or religious activities, or lobbying activities.
9. PROGRAM INCOME
Prograr.n Income (defmed at 24 CFR 570.500 and 570.504) derived from the project
is anticipated to be approximately $0.
10. REVERSION OF ASSETS
Any re<:J property under the Subrecipient's control acquired or improved in whole or
in part with CDBG funds (including funds provided to the Sub recipient in the form of
a loan) in excess of $25,000 will be used to meet one of the national objectives in
~5 70.208 until five years after expiration of this Contract, or for such longer period of
time as determined to be appropriate by the Grantee.
11. :lNDIRECT COSTS
Indirect costs will only be paid if Sub recipient has a indirect cost allocation plan
approved by the Department of Housing and Urban Development prior to the
execution of this Contract.
6
12. TRAVEL
Sub recipient shall obtain prior written approval from the Grantee for any travel
outside l:he metropolitan area with funds provided under this Contract. All Federal
Travel Regulations are applicable (41 CFR Part 301).
13. INDEMNIFICA'lrION
Subrecipient agrees to indemnify and hold harmless Grantee from any and all claims
in any way related to or arising out of Sub recipient's performance of its obligations
hereunder and/or Subrecipient's failure to perform its obligations hereunder or related
to or aruiing 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, fmal or otherwise, shall operate to
release the Sub recipient from any obligations under this Contract.
14. INSURANCE & BONDING
Sub recipient 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 Sub recipient hereunder shall list Grantee, The Augusta-Richmond
County Commission and its Mayor, and their officers, agents, members, employees
and successors as named insureds, as their interests may appear, and shall be issued by
an insu:rance carrier or carriers licensed to do business in the State of Georgia and
reasonably acceptable to Grantee. All such policies shall provide that no act or
omission of Grantee or its agents, servants, or employees shall in any way invalidate
any insurance coverage for the other named insureds. No insurance policy providing
any insurance coverage required to be provided by Sub recipient 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
SubreciJPient.
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
7
contract shall be prominendy 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
Sub recipient is subject to the Georgia Open Meetings Law if it receives more than
331/30/0 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 pllace 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 Sub recipient'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
Withom the prior written consent of the Grantee, this Agreement is not assignable by
the Subrecipient, either in whole or in part.
18. I~NTIRE 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.
19. GENERAL TERMS AND CONDITIONS
A. REPORTS
The Subrecipient agrees to submit to Grantee program progress and fmancial
reports and any other reports that may be specified in Appendix D.
8
B. CUENT DATA
Sub recipient agrees to maintain racial, ethnic, gender, head of household,
household income, and household size data showing the extent to which these
categories of persons have participated in, or benefited from the project, and to
submit this information to the Grantee within 30 days after December 31, 1998.
1.
c.
RECORDS TO BE NVUNTMNED
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
flmded 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;
11. Records demonstrating that each activity undertaken meets one of
the National Objectives of the CDBG Program;
ill. Records required to determine the eligibility of activities;
IV. Financial records as required by 24 CFR Part 570.502, and OMB
Circular A-133; and
v. 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 $300,000
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 Sub recipient agrees to provide quarterly fmancial reports to the Grantee.
If Subrecipient do not prepare fmancial statements on a monthly or quarterly
basis, a detailed list of cash receipts and disbursements should be submitted to
Grantee quarterly.
9
D. ACCESS TO RECORDS
The Sub recipient 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 Sub recipient 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 fmal time rather than from the date
of submission of the fmal expenditure report for the award.
F. PERMITS
The Sub recipient agrees to obtain all necessary permits for intended
unprovements or activities.
G. AFFIRMATIVE ACTION
The Subrecipient, if its program involves housing, agrees to affirmatively further
flir housing.
H. CONFLICT OF INTEREST
The Sub recipient hereby severally warrants that it will establish and adopt
safeguards to prohibit members, officers, and employees from using positions for
elL 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
10
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 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.
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
p:rogram 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
e:mployee of the Sub recipient be entided 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
nlanner for performance of the services required of it by the terms of this
Contract. The Sub recipient 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.
11
L. PROCUREMENT
The Sub recipient 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 defmed by such policy and as may
be procured with funds provided herein.
20. OTHER PROVISIONS
A. Equal Employment Opportunity
The following provisions (I) 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,
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, ancestry, national origin, marital
status, or any other basis prohibited by applicable law.
12
(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 flle 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.
(6) In the event of the Sub recipient's noncompliance with the
nondiscrimination clauses of this Contract or with any of the said
rules, regulations, or orders, this Contract may be canceled,
terminated, or suspended in whole or in part and the Subrecipient
may be declared ineligible for further Government contracts or
federally assisted construction contracts in accordance with
procedures authorized in Executive Order 11246 of September 24,
1965, as amended, and such other sanctions may be imposed and
remedies invoked as provided in Executive Order 11246 of
September 24, 1965, as amended, 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
13
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 Sub recipient 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 Conununity
Development Act of 1974, and in conformance with Grantee policy and
all requirements imposed by or pursuant to the Regulations ofHUD (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:
a. Deny any facilities, services, fmancial aid, or other benefits
provided under the program or activity.
b. Provide any facilities, services, fmancial aid, or other benefits,
which are different, or are provided in a different form from that
provided to others under the program or activity.
14
c. 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.
d. Restrict in any way access to, or the enjoyment of any advantage
or privilege enjoyed by others in connection with facilities, services,
fmancial aid or other benefits under the program or activity.
e. Treat an individual differendy 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.
f. 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 Suhrecipient will use its best efforts to afford minority and women-owned business
enterprues 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 (510/0) owned and controlled by minority
group nlembers or women. For the purpose of this definition, "minority group
members" are Mrican-American, Spanish-speaking, Spanish surnamed or written
representations by Subrecipients regarding their status as minority and female business
enterpri~;es in lieu of an independent investigation.
D. SECTION 3 CLAUSE
The Subrecipient will conform with the rules and regulations set forth under Section
3 of the Housing and Urban Development Act of 1968, (12 USC 1701u), as amended,
and the HUD regulations issued pursuant thereto at 24 CFR Part 135. This Act
requires that, to the greatest extent feasible, opportunities for training and employment
be given to lower income residents of the project area, and contracts for work in
15
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
employrnent of lower income persons. When a Subrecipient utilizes the bidding
procedure to let a bid, the invitation or solicitation for bids shall advise prospective
contractors of the requirements of Section 3 of the Housing and Urban Development
Act of 1968, as amended, and the clause shall be inserted as a component part of any
contract. or subcontract.
If a Subrecipient solicits or requests an invitation for bids, every effort feasible will be
made to contact minority-owned and women-owned business enterprises for a response
to the solicitation or invitation for bidders.
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 Tide 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 Tide 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.
Y. Labor Standards
Except with respect to the rehabilitation of residential property designed for residential
use for l.ess 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 journey workers. Under
the terrns of the Davis-Bacon Act, as amended, the Sub recipient is required to pay all
16
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 F ederallaws 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 ilnposed 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 (pJL93-234). Use of any assistance provided under this Agreement for acquisition
or construction in an area identified as having special flood hazards shall be subject to
the mandatory purchase of flood insurance with the requirements of Section 102(a) of
said Act.
H. Clean Air Act and Federal Water Pollution Control Act (Applicable to
Contracts and Subcontracts, which exceed $100,000).
The Sub recipient 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.
1. Provisions of the Hatch Act
Neither the Subrecipient program nor the funds provided therefore, 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 Tide
5, United States Code.
J. Lead-Based Paint
Any grants or loans made by the Subrecipient for the rehabilitation of residential
17
structures with assistance provided under this Agreement shall be made subject to the
provisions for the elimination oflead-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
properti.es 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.
IC Special Assessments
Sub recipient 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 Tide 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).
1.. Acquisition, Rehabilitation, and Demolition of Real Property and
Displacement of Persons and Businesses
Subrecipient will comply with the "Grantee's Community Development Block Grant
Prograrn 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
demoli1ion of real property in compliance with the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970, as amended, Section I 04( d) of the Act,
and the implementing regulations at 49 CFR 24 and 24 CFR 570.606. Unless
specifically permitted in Appendix B or Appendix C, Subrecipient will not cause
18
either teInporary 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 co:mply 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 104(d) of the Act, and the implementing regulations
at 49 Cl"R 24 and 24 CFR 570.606. Sub recipient hereby agrees to defend, to pay,
and to uldemnify the Grantee from and against any and all claims and liabilities for
relocation benefits or the provision of replacement dwelling units required by federal
statutes and regulations in connection with activities undertaken pursuant to this
Agreemient.
NL Lobbying Restrictions
Sub recipient 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 Melnber 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 per.son 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
I t 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
contraC1:S under grants, loans, and cooperative agreements) and that all sub recipients
shall ce:rtify and disclose accordingly.
19
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by Section 1352, Title
31, United States Code. Any person who fails to fIle the required certification shall be
subject to a civil penalty of not less than $10,000 and not more than $100,000 for each
such failure.
N. Provisions Required by Law Deemed Inserted
Each and every provision of law and clause required by law to be inserted in this
Contract shall be deemed to be inserted herein and the contract shall be read and
enforced as though it were included herein, and if through mistake or otherwise any
such provision is not inserted, or is not correcdy 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. ~,fJSCELLANEOUS
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. Sub recipient shall provide the scope of
services in accordance with the schedules set forth in Appendix B.
20
~ .
IN WITNESS WHEREOF, the parties have set their hands and seals as of the date
first written above.
ATTEST:
SEAL
/dIrJ!tfjJf5V
~~
Lena]. Bonner
Clerk of Commission
SEAL..
URBAN ACTION, INC.
d/b/a AUGUSTA URBAN MINISTRIES
(Sub recipient)
By: fdl~~J:::L
As its President
ATTEST:
cr!1 t).lt~/
As ills Corporate Secretary
:sJ.'~h<- ~. ~;.. 06 L
(plain Witness) J
21
.' ~
APPENDIX A
Project Area
The pr~ject facility is located at 303 Hale Street, Augusta, Georgia.
APPENDIX B
Goals~ Objectives~ and Tasks
Augusta Urban Ministries is a homeless service provider whose mission is to provide
charitable services to meet the needs of poor and disadvantaged persons in Augusta-
Richmond County. The agency will operate a Furniture Bank Program whose
primary objective is to assist low and moderate income homeless persons by providing
furniture items free of charge. The agency will utilize one truck driver who will be
responsible for furniture pick-ups and deliveries. Clients will be provided an average
of three (3) large furniture items on a once a year basis. It is estimated that 340
individuals will be served during 1998.
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 Sub recipient:
1. Provide services as stated in this Contract.
2. Read all regulations attached herein to this Contract.
3. :rvlaintain socia-economic data on clients and insure that 51 % of persons served
are low and moderate income persons.
4. Request reimbursement of expenditures for items allowed per budget.
5. Carry out activity in a timely manner.
Responsibilities of Grantee:
6. Provide Technical Assistance to assist subrecipient in complying with applicable
laws and regulations.
7. ~v1onitor sub recipient to determine if the activity is being carried out as
described in this contract. (Monitoring shall consist of site visits and review of
records).
22
"
APPENDIX C
Budget
Salary (Driver)
Utilities (Electric, Water & Phone)
Insurance (Truck)
Gas
Maintenance (Truck)
T oral
$ 6,500
2,000
2,000
1 ,000
1,000
$12,500
APPENDIX D
Reporting Requirements
The Subrecipient shall submit to the Grantee the following reports for the term of this
agreement.
1. Quarterly Program Progress, Financial Reports or a Detailed List of Cash
Receipts and Cash Disbursements.
2. Annual Program Progress, Financial Reports or Detailed List of Cash Receipts
and Cash Disbursements or Audit Report, if applicable.
3. Mileage, Gas and Truck Maintenance Logs.
APPENDIX E
Reports' Schedule
1. Quarterly Program Progress & Financial Reports Due:
For Reporting Period:
1st Apri115, 1998 January 1, 1998 - March 30, 1998
2nd July 15, 1998 April 1, 1998 - June 30, 1998 .
3rd October 15, 1998 July 1, 1998 - September 30, 1998
4th January 15, 1999 October 1, 1998 - December 31, 1998
2. Annual Program Progress & Financial Reports Due:
January 30, 1999
For January 1, 1998 through December 31,1998
3. Audit Report due within 30 days after completion of audit.
23
...
,.
ATTACHMENT #2
Forms
a. CDBG Income Verification
b. Reimbursement Request
c. Reports: Quarterly Program Progress
d. Reports: Annual Program Progress
e. Time Sheet
f. Travel Log
'0:.; {
CONTRACT BETWEEN AUGUSTA, GEORGIA
AND
AUGUSTA HOUSING AUTHORIIT
FOR
THE 1998 COMMUNlIT DEVELOPMENT BLOCK GRANT PROGRAM
THIS AGREENmNT, made and entered into on this --1&. day of January, 1998,
by and between AUGUSTA, GEORGIA, by and through the Augusta-Richmond
County Comrnissiop, as the Implementor of the Community Development Block
Grant Program (hereinafter referred to as "Grantee"), and AUGUSTA HOUSING
AUTHORITY~ (hereinafter referred to as the "Subrecipient").
WHEREAS, the Grantee has received a Community Development Block Grant from
the United States Department of Housing and Urban Development (HUD) under
Title I of the Housing and Community Development Act of 1974, as amended (42
USC 5301 et seq.) (the Act); and
WHEREAS, pursuant to such Grant, the Grantee is undertaking certain programs and
services necessary for the planning, implementation and execution of such a
Community Development Block Grant Program; and
WHEREAS, the Grantee desires to engage the Subrecipient to render certain services,
programs, or assistance in connection with such undertakings of the Community
Development Block Grant Program, situated in the Project Area described in
Appendix A.
NOW, THEREFORE, the parties hereto do mutually agree as follows:
1. SCOPE OF SERVICE
The Subrecipient shall perform all the necessary services provided under this Contract
in accordance with and respecting the following project:
"Augusta Housing Authority Summer Youth Partnership"
The mission of this program is to provide positive supervised activities for low and
moderate income children and youths living in public housing or receiving rental
assistance. The partners in this application are the Augusta Youth Center, Augusta
,~
,
Housing Authority's Self-Sufficiency Program, Lillie VV orld of Learning Child Care
and Augusta Housing Authority Drug Elimination Program.
The SubrecipieIlt shall do, perform, and carr)' out, in a satisfactory manner, as
determined by the Grantee, the goals, objectives, and tasks set forth in Appendix B,
and incorporated herein by reference.
2. TERM; TERMINATION
a. The services of the Subrecipient are to commence on January 1 ~ 1998,
and shall be undertaken and completed in such sequence as to assure
thcir 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 ~ 1998, or until this Agreement is otherwise terminated.
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
ofa Notice of Termination signed by the Mayor, mailed or delivered to
Sub recipient, 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 Sub recipient under any of the following
conditions:
2
"
I
Notification by HUD to the Grantee that said project is ineligible because
of project location, services provided, or any other reason cited by HUD;
1) I 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
2) 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 termmate this Contract or to
reduce the contract compensation amount if the Subrecipient:
(1) Fails to file required reports or to meet project progress or
completion deadlines;
(2) Materially fails to comply with any provision of this Agreement
(which may result in suspension or terminationm accordance with
24 CFR 85.43 or OMB Circular A-I 10). [Attachment #l(b & e)];
(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
"
3. KEY PERSONNEL
a. Subrecipient shall assign to this Contract the following key personnel:
1. Glynnis J. Gordon Williams, FSS Coordinator
n. Jackie Reeves, Little World of Learning Coordinator
lll. Charlene Dent, Augusta Youth Center Coordinator
IV. Douglas Downs, Program Coordinator
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. Sub recipient shall notify the Grantee
Director ofHND 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
adaitional 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 ofHND will notify
th~ Sub recipient 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 Sub recipient 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. 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
4-
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 <hf this Agreement, which shall continue in full force and effect.
7. COMPENSATION
,
The Subrecipierit shall be paid a total consideration of $ 32,800 for full performance
of the services specified under this Agreement. Any cost above this amount shall be
the sole responsibility of the Subrecipient. Sub recipient shall submit monthly requests
for payments to the Housing and Neighborhood Development (HND) Department.
Compensation shall be allowed on a reimbursement basis, only after expenditures have
been incurred by the Subrecipient and proper supporting documentation has been
submitted in conformity with the approved and executed budget document which is
attached to this .Contract as Appendix C, incorporated herein by reference. In every
case, payment will be made subject to receipt of a reimbursement request for payment
from the Subrecipient specif)ring and certifying that such expenses have been incurred
and expended in conformance with this Contract and that the Sub recipient is entided
to receive the amount requested under the tenns of this Contract.
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.
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8. USE OF FUNDS
Use of funds reoeived 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. In addition, the Sub recipient 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 fUI).ded activity must be designed or so located as to principally benefit
lower income persons as defined in the program regulations. The Subrecipient agrees
to maintain documentation that demonstrates that the activities carried out with funds
meets the aforementioned national objective.
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, OMB Circular A-87, "Principles for
Determining Costs Applicable to Grants and Contracts with State, Local, and
Federally Recognized Indian Tribal Governments;" Ol\1B 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, OMB Circular A-122, "Cost Principles
for Non-Profit Organizations," or O'MB Circular A-21, "Cost Principles for
Educational Institutions," as applicable; O:ME Circular A-133, "Audits of Institutions
of Higher Education and Other Non-Profit Institutions," and Attachments A, B, C,
F, H, N, and 0 to OMB Circular A-110, as specified at 24 CFR 570.502(b).
6
Sub recipient is prohibited from using funds provided herein for political activities,
sectarian or religious activities, or lobbying activities.
9. PROGRAM INCOME
Program Income (defmed at 24 CFR 570.500 and 570.504) derived from the project
is anticipated to be approximately $0.
10. REVERSION OF ASSETS
Any real property under the Subrecipient's control acquired or improved in whole or
in part with CDBG funds (illcluding 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. INDIRECT COSTS
Indirect costs will only be paid if Subrecipient has an indirect cost allocation plan
approved by ~e Department of Housing and Urban Development prior to the
execution of this Contract.
12. TRAVEL
Sub recipient 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 illdemnify 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 insureds, as their interests may appear, and shall be issued by
an insurance carrier or carriers licensed to do business in the State of Georgia and
reasonably acceptable to Grantee. All such policies shall provide that no act or
omission of Grantee or its agents, servants, or employees shall in any way invalidate
any insurance coverage for the other named insureds. No insurance policy providing
any insurance coverage required to be provided by Sub recipient 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
Sub recipient.
15. GRAN~OR 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 prominendy 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
331/30/0 of its funds from taxpayer sources. Accordingly, the Sub recipient 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 Sub recipient's board meetings.
8
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.
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.
19. 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. CLIENT DATA
Subrecipient agrees to maintain racial, ethnic, gender, head of household,
household income, and household size data showing the extent to which these
categories of persons have participated in, or benefitted from the project, and
to submit this information to the Grantee within 30 days after December 31,
1998.
C. RECORDS TO BE NVUNTAINED
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:
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1. Records providing a full description of each activity undertaken;
11. Records demonstrating that each activity undertaken meets one of
the National Objectives of the CDBG Program;
ill., Records required to determine the eligibility of activities;
IV. Financial records as required by 24 CFR Part 570.502, and O:MB
Circular A-133; and
v. 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
expenditltres 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 OMB Circular A-133. However, if an audit is not required,
the Sub recipient agrees to provide quarterly fmancial reports to the Grantee.
If Subrecipient do not prepare fmancial 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 exanline all records, books, papers, or documents
related to the project.
E. RETENTION
The Subrecipient hereby severally warrants that all project records, books,
papers, and documents will be retained for a period of not less than four (4)
years after the termination of all activities funded under this contract, or after
the resolution of all Federal audit findings, whichever occurs later and grants the
Grantee the option of retention of the project records, books, papers, and
documents. The retention period shall start from the date of submission of the
Grantee's annual performance report, as prescribed in 24 CFR 91.520, in which
the specific activity is reported on for the final time rather than from the date
of submission of the fmal expenditure report for the award.
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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. CQNFLICT 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 purpos~ 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
Sub recipient 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. AtJTHORIZATION 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 Sub recipient
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. SECTI 0 N 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
11
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 entided to any of the rights, privileges, or
benefits of Grantee employees. The Sub recipient 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.
L. PROCUREMENT
The Sub recipient 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 defmed by such policy and as may
be procured with funds provided herein.
20. OTHER PROVISIONS
A. Equal Employment Opportunity
The following provisions (l) 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,
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(2)
(3)
(4)
(5)
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.
The Subrecipient will, in all solicitations or advertisements for
employees placed by or on behalf of the Subrecipient, state that all
qualified applicants will receive consideration for employment
without regard to race, creed, religion, sex, age, handicap,
disability, sexual orientation, ancestry, national origin, marital
status, or any other basis prohibited by applicable law.
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
Sub recipient's commitments under this section, and shall post
copies of the notice in conspicuous places available to employees
and applicants for employment.
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.
The Sub recipient will furnish all information and reports required
by Executive Orders 11246 of September 24, 1965, as amended,
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and by rules, regulations, and orders of the Secretary of Labor, or
pursuant thereto, and ",rill 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 Sub recipient's noncompliance with the
nondiscrimination clauses of this Contract or with. any of the said
rules, regulations, or orders, this Contract may be canceled,
terminated, or suspended in whole or in part and the Subrecipient
may be declared ineligible for further Government contracts or
federally assisted construction contracts in accordance with
procedures authorized in Executive Order 11246 of September 24,
1965, as amended, and such other sanctions may be imposed and
remedies invoked as provided in Executive Order 11246 of
September 24, 1965, as amended, 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 bindlllg upon each subcontractor or vendor. The Sub recipient
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 Sub recipient 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
14
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 Sub recipient may not direcdy or through contractual or other
arrangements, on the grounds of race, color, creed, religion, sexual
oriehtation, ancestry, national origin, marital status, familial status, age,
handicap, disability, sex or other basis prohibited by applicable law:
a. Deny any facilities, services, fmancial aid, or other benefits
provided under the program or activity.
b. Provide any facilities, services, fmancial aid, or other benefits
which are different, or are provided in a different form from that
provided to others under the program or activity.
c. 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.
d. I Restrict in any way access to, or the enjoyment of any advantage
or privilege enjoyed by others in connection with facilities, services,
fmancial aid or other benefits under the program or activity.
e. 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.
15
f. Deny any person with the legal right to work an opportunity to
participate in a program or activity as an employee.
C. BUlliness and Employment Opportunities for Lower Income Residents,
Women-Owned Business Enterprises, and Minority-Owned Business
Enterprises.
The Subrecipiem 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," meahs a business at least fifty-one (510/0) 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.
C. SECTION 3 CLAUSE
The Subrecipient will conform with the rules and regulations set forth under Section
3 of the Housing and Urban Development Act of 1968, (12 USC 1701u), as amended,
and the HUD regulations issued pursuant thereto at 24 CFR Part 135. This Act
requires that, to the greatest extent feasible, opportunities for training and employment
be given to lower income residents of the project area, and contracts for work in
connection with the project be awarded to business concerns which are located in, or
owned in substantial part by persons residing in the area of the project. In all
solicitations fof' bids the contractor must, before signing the contract, provide a
preliminary statement of the work force needs and plans for possible training and
employment of lower income persons. When a Subrecipient utilizes the bidding
procedure to let a bid, the invitation or solicitation for bids shall advise prospective
contractors of the requirements of Section 3 of the Housing and Urban Development
Act of 1968, as amended, and the clause shall be inserted as a component part of any
contract or subcontract.
If a Subrecipient solicits or requests an invitation for bids, every effort feasible will be
made to contact minority-owned and women-owned business enterprises for a response
to the solicitation or invitation for bidders.
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E. Nondiscrimination in Federally-Assisted Programs
The Subrecipient will comply with Title VI of the Civil Rights Act of 1964 (pL 88-352,
42USC 2000d et seq.) and the Fair Housing Act (42 USC 3601-20). In accordance
with Grantee Policy and Tide 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 Tide VII of the Civil Rights Act of 1968 (PL 90-284) as amended and will
administer all progran}S and activities related to housing and community development
in a manner to affirmatively further Fair Housing.
F. Lcctbor Standards
Except with respect to the rehabilitation of residential property designed for residential
use for less than eight households, the Subrecipient and all subcontractors engaged in
contracts in exoess of $2,000 for the construction, completion, rehabilitation, or repair
of any building or work fmanced 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 Sub recipient 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.
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G. Flood Disaster Protection
This Agreement is subject to the requirements of the Flood Disaster Protection Act of
1973 (pL93-234). Use of any assistance provided under this Agreement for acquisition
or construction in an area identified as having special flood hazards shall be subject to
the mandatory purchase of flood insurance with the requirements of Section 102(a) of
said Act.
H. Clean Air Act and Federal Water Pollution Control Act (Applicable to
Contracts and Subcontracts which exceed $100,000).
The Subrecipient shall comply with and require each subcontractor to comply with all
applicable standards of the Clean Air Act of 1970 (42 USC 1857 et seq.), as amended,
the Clean Air A~t of 1990, the Federal Water Pollution Control Act (33 USC 1251 et
seq.), as amended, and the regulations of the Environmental Protection Agency with
respect thereto,. at 40 CFR Part 15, as amended from time to time.
I. Provisions of the Hatch Act
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 Tide
5, United States Code.
J. Lead-Based Paint
Any grants or loans made by the Subrecipient for the rehabilitation of residential
structures with assistance provided under this Agreement shall be made subject to the
provisions for the elimination oflead-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.
18
K. Special Assessments
Sub recipient 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: (I) 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 Ti:de 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).
L. Acquisition, Rehabilitation, and Demolition of Real Property and
Displacement of Persons and Businesses
Subrecipient will comply with the "Grantee's Community Development Block Grant
Program Plan for Minimizing the Displacement of Persons as a result of Community
Development Block Grant Funded Activities" and the Grantee's Community
Development Block Grant Program Residential Anti-displacement and Relocation
Assistance Plan." The Subrecipient will conduct any acquisition, rehabilitation, or
demolition, of real property, and any negotiations for acquisition, rehabilitation, or
demolition of real property in compliance with the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970, as amended, Section 104(d) of the Act,
and the implementing regulations at 49 CFR 24 and 24 CFR 570.606. Unless
specifically permitted in Appendix B or Appendix C, Subrecipient will not cause
either temporary or permanent involuntary displacement of persons or businesses. If
Subrecipient causes the involuntary temporary or permanent displacement of any
person or business as a result of Community Development Block Grant Activities, it
shall comply with the Grantee's "Plan to Assist Persons Actually Displaced by
Community Development Block Grant Activities," and Subrecipient shall provide all
notices, advisory assistance, relocation benefits, and replacement dwelling units as
required by the Uniform Relocation Assistance and Real Property Acquisition Policies
Act of 1970, as amended, Section 104( d) of the Act, and the implementing regulations
at 49 CFR 24 and 24 CFR 570.606. Subrecipient hereby agrees to defend, to pay,
and to indemnify the Grantee from and against any and all claims and liabilities for
19
relocation benefits or the provision of replacement dwellmg units required by federal
statutes and regulations in connection with activities undertaken pursuant to this
Agreement.
M. Lobbying Restrictions
Sub recipient 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 MeIl1ber 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 mcluded 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 mto. 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.
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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 correcdy 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. Subrecipient shall provide the scope
of services in accordance with the schedules set forth in Appendix B.
21
. .
IN WITNESS WHEREOF, the parties have set their hands and seals as of the date
first written above.
ATTEST:
By:
AUGUSTA, GEORGIA
(Grantee)
UtJpU~L
er
Clerk of Commission
lliI clocuIIlttIt IIIP'"td as ^. . \
~ncy and lonn. I..:UA
-~ f.;u..ff
ATTEST:
AUGUSTA HOUSING AUTHORITY
(Subrecipient)
SEAL
~J2~
Charles L. Mason
As its Comptroller
~ -;;C. ~
(plain Witness)
22
APPENDIX A
Project Area
The activities \vill be undertaken at the following locations:
1. The Augusta Youth Center - 1649 Hunter Street, Augusta, Georgia
2. Liittle World of Learning Center - 110 E Court, Augusta, Georgia
3. Family Self-Sufficiency Program - 1425 Walton ,,,ray, Augusta, Georgia
4, Drug Elimination Program - Richmond County Recreation & Parks Dept.
APPENDIX B
Goals, Objectives, and Tasks
The objective of this activity is to provide positive supervised recreational and educational
activities to low income children and youths living in public housing or receiving rental
assistance. Also, mentoring and tutoring services will be provided to families. The partners
sponsoring the programs are Augusta Youth Center, Augusta Housing Authority Family
Self-Sufficiency Program, Little World of Learning Child Care and Augusta Housing
Authority Drug Elimination Program.
The Augusta Youth Center will sponsor a 10-week period, 6 hours per day summer camp
program to provide educational and recreational field trips to sites such as Krystal River
,,yater Park, L~cy Laney Museum, The Augusta Museum, nature walks at the Riverwalk,
Pendleton King Park, Funsville, The National Science Center/Fort Discovery and The
Morris Museum of Art. Total youths to be served 100, ages 6-18. CDBG funds will be used
for salary of Charlene Dent, Sherri Kenworthy and Catherine Byrdsell to operate expanded
summer hours and activities to benefit 100v-income youth at the youth center.
The Little Wodd of Learning Child Care will sponsor aiD-week period summer camp
program, ten hours a day with breakfast and lunch provided. Funds will be used to provide
scholarships for 30 children at $32 per child to attend summer camp activities. Activities
include field trips for educational and recreational purposes to The Morris Museum of Art,
The National Science Center/Fort Discovery, Bowling series, Krystal River Water Park,
Funsville, Put-Putt golf & Games, Lucy Laney Museum, Hilltop Stables and the Regency
Exchange Summer Movie Series.
Augusta Housing Authority Drug Elimination Program "Fun Zone" - Fun Zone serves
children ages 6..12 with recreational programs stressing a healthy life-style. The Richmond
County Recreation and Parks Department operates the program for at least 700 children
per summer. The CDBG funds will allow for a contract for an additional 50 public housing
24
youths to access the program. Youths ages 6-12 years will be served. CDBG funds will be
used to fund scholarships for 50 public housing youths.
Family Self-Sufficiency Program - This program will provide summer family activities and
support services for RIGHT TRACK participants. Activities to include mentoring and
tutoring programs using Paine College students, bi-weekly family support meetings, monthly
parent education workshop, speakers to assist youths in learning about career options and
educational goals. . 40 youths ages 11 - 18 will be served. CDBG funds will be used to fund
one part-time clerical position for 20 hours a week for a 50-week period. CDBG funds will
be used for salary'.
The above activities shall be completed by December 31, 1998. 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. Please specify the total number of units of services to be
provided and uni~ to be provider per month. HUD has requested that we qualify the level
of services to be provided so that measurable goals and objectives can be established.
Responsibilities of Subrecipient:
1. Provide services as stated in this Contract.
2. Read all regulations attached herein to this Contract.
3. Maintain socio-economic data on clients and insure that 51 % of persons served are
low and moderate income persons.
4. Request reimbursement of expenditures for items allowed per budget.
5. Carry out activity in a timely manner.
Responsibilities of Grantee:
I. Provide Technical Assistance to assist Subrecipient in complying with applicable laws
and regulations.
2. Monitor Sub recipient to determine if the activity is being carried out as described in
this Contract. (Monitoring shall consist of site visits and review of records.)
24
APPENDIX C
Budget
THE AUGUSTA YOUTH CENTER
+ SALARY
(Charlene Dent & assistants)
$ 4,000,00
UTILE WORLD OF LEARNING CENTER
+ Scholarships
$ 9,500.00
FAMILY SELF-SUFFICIENCY PROGRAM
+ SALARY
(part-time administrative support)
+ Recreational Activities
(for Right Track Participants)
$ 5,200.00
1,600.00
DRUG EUMIN"ATION PROGRAM
+ Scholarships
$12,500,00
TOTAL BUDGET
$32,800
APPENDIX D
Reporting Requirements
The Subrecipientshall submit to the Grantee the following reports for the term of this
agreement.
1. Quarterly Program Progress
2. Annual Program Progress
3. Audit Report
26
" ., ,....
APPENDIX E
Reports' Schedule
1. Quarterly Program & Progress Reports Due:
1st April 15, 1998
2nd July 15, 1998
3rd O<;:tober 15, 1998
4th January 15, 1999
2. Annual Report Due
January 30, 1999
For Reporting Period:
January 1,1998 - March 30, 1998
April I, 1998 -June 30, 1998
July 1, 1998 - September 30, 1998
October 1, 1998 - December 31, 1998
For January 1,1998 through December 31,1998
3. Audit Report due within 30 days after completion of audit.
.. .., ...
ATTACHMENT #1
Regtflations, Circulars & Local Procurement Policy
a. Cohununity Development Block Grant Entidement Program 24 CF 570
b. 24 :CFR 85
"Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments," specified at 24 CFR
57Q.502(a).
c. OMB Circular A-122
"Cost Principles for Non-Profit Organizations
d. OMB Circular A-llO; Attachments A, B, C, F, H, Nand O.
"Grants and Agreements with Institutions of Higher Education, Hospitals
& Qther Non-Profit Organizations"
d. OMB Circular A-133
"Audits of Institutions of Higher Education and Other Non-Profit
Institutions"
e. Augusta-Richmond County Procurement Policy
.. .,
ATTACHMENT #2
Forms
a. CDBG Income Verification
b. Reimbursement Request
c. Reports: Quarterly Program Progress
d. Rt:;ports: Annual Program Progress
e. Titne Sheet
f. Tiavel Log
.-
I ~
CONTRACT BETWEEN AUGUSTA, GEORGIA
AND
CSRA ECONO!\1JC OPPORTUNITY AUTHORITY, INC.
FOR
THE 1998 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
THISAGREEMENT, made and entered into on this ~ day of January, 1998,
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 CSRA ECONOMlC
OPPORTUNITY AUTHORITY, INC. (hereinafter referred to as the
"Subrecipient").
WHEREAS, the Grantee has received a Community Development Block Grant from
the United States Department of Housing and Urban Development (HUD) under
Title I of the Housing and Community Develop:rtnent 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 Sub recipient to render certain services,
programs, or assistance in connection with such undertakings of the Community
Development Block Grant Program, situated in the Project Area described in
Appendix A.
NOW, THEREFORE, the parties hereto do mutually agree as follows:
1. SCOPE OF SERVICE
The Subrecipient shall perform all the necessary services provided under this Contract
in accordance with and respecting the following project:
"Operation Self-Help Program"
The Subrecipient will contract with the Beulah Grove Community Resource Center,
Inc. to operate a comprehensive human services program to assist low and moderate
income persons With counseling, emergency fmancial assistance, clothing, food and to
facilitate access ,to medical, mental health, education, economic and social service
providers.
The Subrecipient shall do, perform, and carry out, in a satisfactory manner, as
determined by the Grantee, the goals, objectives, and tasks set forth in Appendix B,
and incorporated herein by reference.
2. TERMS1; TERMINATION
a. The services of the Subrecipient are to commence on January 1 ~ 1998,
and shall be undertaken and completed in such sequence as to assure
their expeditious completion in the light of the purposes of this Contract
unless so otherwise specified in the Contract Section 19 (General Terms
and Conditions). This Agreement shall remain in effect until December
31, 1998, or until this Agreement is othenvise terminated.
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
ofa Notice of Termination signed by the Mayor, mailed or delivered to
Subrecipient, and specifically setting forth the effective date of
termination.
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.
Further, the Grantee reserves the right to terminate this contract upon
written notification to the Subrecipient under any of the following
conditions:
2
. ~ 1
1) Notification by HUn to the Grantee that said project is ineligible
because of project location, services provided, or any other reason
cited by HUD;
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
Written notification from HUn 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 Sub recipient:
(l) 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 suspe:nsion or termination in accordance with
24 CFR 85.43 or orvrn Circular A-I 10). [Attachment #1 (b & e)];
(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
3. KEY PERSONNEL
a. Subrecipient shall assign to this Contract the following key personnel:
1. Gloria B. LeVlriS, Executive Director
ii. Rachael Gilbert, Project Director
ill. Joyce L. Holloway, Project Coordinator
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 ofHND 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 Sub recipient 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. 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
4-
,I
. ,
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. COMPENSATION
The Subrecipient shall be paid a total consideration of $ 9:600.00 for full
performance of the services specified under this Agreement. Any cost above this
amount shall be the sole responsibility of the Subrecipient. Subrecipient shall submit
monthly requests for payments to the Housing and Neighborhood Development
(HND) Department. Compensation shall be allowed on a reimbursement basis, only
after expenditures have been incurred by the Subrecipient and proper supporting
documentation has been submitted in conformity with the approved and executed
budget document which is attached to this Contract as Appendix C, incorporated
herein by reference. In every case, payment will be made subject to receipt of a
reimbursement request for payment from the Subrecipient specifying and certifying
that such expenses have been incurred and expended in conformance with this
Contract and that the Sub recipient is entided to receive the amount requested under
the terms of this Contract.
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 Subrecipiertt 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.
5
"
8. USE OF FUNDS
Use of funds received pursuant to this Agreement shall be in accordance ",rith 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. In addition, the Subrecipient agrees to comply with other applicable
laws, includIDg 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 use 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 14~), the prohibition against using debarred contractors at 24 CFR
570.609, and E~ecutive Orders 11063, 11246, 11375, 12086, and 12259.
Further, any fnnded activity must be designed or so located as to principally benefit
lower income persons, as defined in the program regulations. The Subrecipient agrees
to maintain dC>CWTIentation that demonstrates that the activities carried out with funds
meets the aforementioned national objective.
Subrecipient agFees to comply with the uniform administrative requirements specified
at 24 CFR 570.502 and 24 CFR 570.610, including:
If the Sub recipient is a government agency, OMB Circular A-87, "Principles for
Determining Costs Applicable to Grants and Contracts with State, Local, and
Federally Recognized Indian Tribal Governments;" OMB Circular A-128, "Audits of
State and Local Govemrnents" (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, OMB Circular A-122, "Cost Principles
for Non-Profit Organizations," or OMB Circular A-21, "Cost Principles for
Educational Institutions," as applicable; OMB Circular A-133, "Audits of Institutions
of Higher Education and Other Non-Profit Institutions," and Attachments A, B, C,
F, H, N, and 0 to O:M13 Circular A-110, as specified at 24 CFR 570.502(b).
6
Subrecipient is prohibited from using funds provided herein for political activities,
sectarian or religious activities, or lobbying activities.
9. PROGRNMINCOME
Program Income (defmed at 24 CFR 570.500 and 570.504) derived from the project
is anticipated to be approximately $0.
10. REVERSION OF ASSETS
Any real property under the Subrecipient's control acquired or improved in whole or
in part with 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
~5 70.208 until five years after expiration of this Contract, or for such longer period of
time as determined to be appropriate by the Grantee.
11. INDIRECT COSTS
Indirect costs will only be paid if Subrecipient has an indirect cost allocation plan
approved by the Department of Housing and Urban Development prior to the
execution of thi,s Contract.
12. TRAVEL
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 Sub recipient's performance or non-performance of its
obligations hereunder. No payment, however, fmal or otherwise, shall operate to
release the Subrecipient from any obligations under this Contract.
7
.
. ,
14. INSURANCE & BONDING
Subrecipient shall carry sufficient insurance coverage to protect contract assets from
loss due to theft, fraud and/or undue physical damage, and as a minimum shall
purchase a blanket fidelity bond covering all employees in an amount equal to cash
advances from the Grantee. All policies providing insurance coverage required to be
maintained by Subrecipient hereunder shall list Grantee, The Augusta-Richmond
County Commission and its Mayor, and their officers, agents, members, employees
and successors as named insureds, as their interests may appear, and shall be issued by
an insurance carrier or carriers licensed to do business in the State of Georgia and
reasonably acceptable to Grantee. All such policies shall provide that no act or
omission of Grantee or its agents, servants, or employees shall in any way invalidate
any insurance coverage for the other named insureds. No insurance policy providing
any insurance coverage required to be provided by Subrecipient hereunder shall be
cancelable without at least 15 days advance written notice to Grantee. All insurance
policies required hereunder, or copies thereof, shall be provided to Grantee by
Subrecipient.
15. GRANTOR RECOGNITION
Subrecipient shall insure recognition of the role of the grantor agency in providing
services through this contract. All activities, facilities and items utilized pursuant to this
contract shall be prominently labeled as to funding source. In addition, the
Sub recipient 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
Sub recipient is subject to the Georgia Open Meetings Law if it receives more than
331/30/0 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.
8
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.
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.
19. GENERAL TERMS AND CONDITIONS
A. REPORTS
The Subrecipient agrees to submit to Grantee program progress and fmancial
reports ~d any other reports that may be specified in Appendix D.
B. CLIENT DATA
Sub recipient agrees to maintain racial, ethnic, gender, head of household,
household income, and household size data showing the extent to which these
categorieS of persons have participated in, or benefited from the project, and to
submit this information to the Grantee within 30 days after December 31, 1998.
C. RECORDS TO BE MAINTAINED
Sub recipient 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:
9
, .
i. I Records providing a full description of each activity undertaken;
11. Records demonstrating that each activity undertaken meets one of
the National Objectives of the CDBG Program;
ill. Records required to determine the eligibility of activities;
IV. Financial records as required by 24 CFR Part 570.502, and OMB
Circular A-133; and
v. Other records necessary to document compliance with Subpart K
of24 CFR 570.
Sub recipient agrees to keep all necessary books and records, including
property, personnel and fmancial 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 OMB Circular A-133. However, if an audit is not required, the
Subrecipient agrees to provide quarterly financial reports 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. RETEI\TTJON
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 fmdings, 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.
10
F. PERMITS
I
The Subrecipient agrees to obtain all necessary permits for intended
improvements or activities.
G. AFTIRMATIVEACTION
The Subrecipient, if its program involves housing, agrees to affirmatively
further fair housing.
H. CONFLICT OF INTEREST
The Sub recipient 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
then;lSelves 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 prohibitions contained in any article
of incorporation or bylaw against entering into this Agreement.
II
"
J. SECTI ON 504
The Sub recipient 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
Sub recipient be entided to any of the rights, privileges, or benefits of
GrCilltee 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.
L. PROCUREMENT
The Sub recipient 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 defmed by
such policy and as may be procured with funds provided herein.
12
20. OTIiER PROVISIONS
A. Equal Employment Opportunity
The following provisions (I) 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, sex, age, handicap, disability, sexual
orientation, ancestry, national origin, marital status, familial
status, or any other basis prohibited by applicable law. The
Sub recipient 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, 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
13
bargaining agreement or other contract or understanding,
a notice to be provided advising the said labor union or
workers' representatives of the Sub recipient'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 prOVlSlons 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.
(6) In the event of the Sub recipient'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 Sub recipient may be declared ineligible for further
Government contracts or federally assisted construction
contracts in accordance with procedures authorized in
Executive Order 11246 of September 24, 1965, as
amended, and such other sanctions may be imposed and
remedies invoked as provided in Executive Order 11246 of
September 24, 1965, as amended, 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 (I) through (7) in every subcontract or purchase
14
;.
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 Sub recipient 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 ofHUD (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 fnnded
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:
15
.' .
a. Deny any facilities, services, fmancial aid, or other benefits
provided under the program or activity.
b. Provide any facilities, services, fmancial aid, or other
benefits, which are different, or are provided in a different
form from that provided to others under the program or
activity.
c. 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.
d. Restrict in any way access to, or the e~oyment of any
advantage or privilege enjoyed by others in connection with
facilities, services, financial aid or other benefits under the
program or activity.
e. Treat an individual differendy 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.
f. 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 Miniority-Owned Business
Enterprises.
The Subrecipie:nt 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 0/0) owned and controlled by minority
group members or women. For the purpose of this definition, "minority group
16
I.. .',
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 llie greatest extent feasible, opportunities for training and employment
be given to lower income residents of the project area, and contracts for work in
connection with the project be awarded to business concerns which are located in, or
owned in substantial part by persons residing in the area of the project. In all
solicitations for bids the contractor must, before signing the contract, provide a
preliminary statement of the work force needs and plans for possible training and
employment of lower income persons. When a Subrecipient utilizes the bidding
procedure to let a bid, the invitation or solicitation for bids shall advise prospective
contractors of the requirements of Section 3 of the Housing and Urban Development
Act of 1968, as amended, and the clause shall be inserted as a component part of any
contract or subcontract.
If a Subrecipient solicits or requests an invitation for bids, every effort feasible will be
made to contact minority-owned and women-owned business enterprises for a response
to the solicitation or invitation for bidders.
E. Nondiscrimination in Federally-Assisted Programs
The Subrecipient will comply",rith Tide 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
17
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with Tide VII of the Civil Rights Act of 1968 (PL 90-284) as amended and will
administer all programs and activities related to housing and community development
in a manner to affirmatively further Fair Housing.
F. Labor Standards
Except with respect to the rehabilitation of residential property designed for residential
use for less than eight households, the Subrecipient and all subcontractors engaged in
contracts in excess of $2,000 for the construction, completion, rehabilitation, or repair
of any building or work fmanced in whole or in part with assistance provided under
this Agreement ate subject to the federal labor standards provisions 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 in the locality as determined by the Secretary
of Labor, and shall pay overtime compensation in accordance with and subject to the
provisions of the Contract Work Hours and Safety Standards Act (40 USC 327-332),
and the Subrecipient shall comply with all regulations issued pursuant to these Acts
and with other applicable Federal laws and regulations pertaining to labor standards,
including the Copeland "Anti-Kickback" Act. Provided that if wage rates higher than
those required under the regulations are imposed by State or Local laws, nothing
hereunder is intended to relieve the Subrecipient of its obligation, if any, to require
payment of the higher rates.
G. Flood Disaster Protection
This Agreement is subject to the requirements of the Flood Disaster Protection Act of
1973 (pL93-234). Use of any assistance provided under this Agreement for acquisition
or construction in an area identified as having special flood hazards shall be subject to
the mandatory purchase of flood insurance with the requirements of Section 102(a) of
said Act.
H. Clean Air Act and Federal Water Pollution Control Act (Applicable to
Contracts and Subcontracts, which exceed $100,000).
The Subrecipient shall comply with and require each subcontractor to comply ",rith 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
18
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seq.), as amended, and the regulations of the Environmental Protection Agency with
respect thereto, at 40 CFR Part 15, as amended from time to time.
I. Provisions of the Hatch Act
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 Tide
5, United States Code.
J. Lead-Based Paint
Any grants or loans made by the Subrecipient for the rehabilitation of residential
structures with assistance provided under this Agreement shall be made subject to the
provisions for the elimination of lead-based paint hazards under 24 CFR Part 35. The
Subrecipie:nt, 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 explaiTI the symptoms, treatment, and precautions that should be taken
when dealing with lead-based paint poisoning.
K. Special Assessments
Subrecipient will not attempt to recover any capital costs of public improvements
assisted in whole or in part with funds provided under Section 106 of the Act or with
amounts resulting from a guarantee under Section 108 of the Act by assessing any
amount against properties owned and occupied by persons of low and moderate
income, including any fee charged or assessment made as a condition of obtaining
access to such public improvements, unless: (l) 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 Tide 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).
19
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L. Acqliisition, Rehabilitation, and Demolition of Real Property and
Displacement of Persons and Businesses
Subrecipient will comply with the "Grantee's Community Development Block Grant
Program Plan for Minimizing the Displacement of Persons as a result of Community
Development Block Grant Funded Activities" and the Grantee's Community
Development Block Grant Program Residential Anti-displacement and Relocation
Assistance Plan." The Subrecipient will conduct any acquisition, rehabilitation, or
demolition, of real property, and any negotiations for acquisition, rehabilitation, or
demolition of real 'property in compliance with the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970, as amended, Section 104(d) of the Act,
and the implementing regulations at 49 CFR 24 and 24 CFR 570.606. Unless
specifically permitted in Appendix B or Appendix C, Subrecipient will not cause
either temporary or permanent involuntary displacement of persons or businesses. If
Subrecipient cauSes the involuntary temporary or permanent displacement of any
person or business as a result of Community Development Block Grant Activities, it
shall comply with the Grantee's "Plan to Assist Persons Actually Displaced by
Community Development Block Grant Activities," and Sub recipient 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. Sub recipient hereby agrees to defend, to pay,
and to indemnify the Grantee from and against any and all claims and liabilities for
relocation benefits or the provision of replacement dwelling units required by federal
statutes and regulations in connection with activities undertaken pursuant to this
Agreement.
M. Lobbying Restrictions
Subrecipient certifies that, to the best of its knowledge and belief:
No Federal appropriated funds have been paid or will be paid, by or on behalf of it,
to any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee
of a Member of Congress in connection with the awarding of any Federal contract, the
making of any Federal Grant, the making of any Federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative agreement;
20
;.
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, Tide
31, United States Code. Any person who fails to file the required certification shall be
subject to a civil penalty of not less than $10,000 and not more than $100,000 for each
such failure.
N. Provisions Required by Law Deemed Inserted
Each and every ,provision of law and clause required by law to be inserted in this
Contract shall be deemed to be inserted herein and the contract shall be read and
enforced as though it were included herein, and if through mistake or otherwise any
such provision is not inserted, or is not correcdy 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.
21
. ......
In general, this requires concurrence from the State Historic Preservation Officer for
all rehabilitation and demolition of historic properties that are fIfty years old or older
or that are included on a Federal, State, or local historic property list.
21. MISCELLANEOUS
A. This Agreement shall be governed by and construed according to the
laws of the State of Georgia.
B. Time shall be of the essence to this Contract, except where it is herein
specifically provided to the contrary. Subrecipient shall provide the scope
of s~rvices in accordance with the schedules set forth in Appendix
IN WITNESS WHEREOF, the parties have set their hands and seals as of the date
first written above.
ATTEST:
SEAL
.t4ft;~~
~
Clerk of Commission
Thls doevmenl IPPIOYK U
~1t~~rt~iqK
mey Rt&
SEAL
CSRAECONOMIC OPPORTUNITY
AUTHORITY, INC.
(Subrecipient)
By: ,,~f~,--
Marion E. Barnes
As its Chairman of the Board
ATTEST:
4J. .i~
~a B. Lewis
As its Executive Director
(~ulil6ALr--
(plain itness)
--
22
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APPENDIX A
Project Area
The project location is 1446 Linden Street, Augusta, Georgia 3090 I.
APPENDIX B
Goals~ Objectives~ .Gn.d Tasks
The CSRA Economic Opportunity Authority, Inc. will contract with Beulah Grove
Community Resource Center, Inc. to operate a comprehensive human services
program through its Operation Self-Help; Connecting People to Resources Program.
The Center facilitates access to Alcoholic Anonymous (AA) meetings; Alateen meetings
for children of alcohol and other drug addicted persons; provides emergency fmancial
assistance for eligible low to moderate income chemically dependent families,
widows/widowers, disabled and sensory challenged working persons, and persons
living with mv /;AIDS. The center also provides access to the food and clothing bank,
enrichment activities that prevent premature institutionalization of persons 65 years
and older and facilitates access to medical, mental health, educational, economical
and social service providers.
The funds provicled through this contract will allow Operation Self-Help's Family
Support Services Division to achieve ilieir primary goal which is to provide
emergency financial assistance (when funds are available) to low to moderate income
individuals. The four (4) basic categories for assistance that will be provided for are
housing (rent/mortgage), utilities (electric/gas/water reconnect), medical assistance
(prescription/lif~line phone) and food.
The objective of the program is to provide emergency fmancial assistance to
individuals and/ Or families. The services for this contract will start on January 1, 1998
and end on December 31, 1998. A schedule for completion of this activity shall be
submitted to Grantee within 15 days after the execution of this agreement. The
schedule shall b~ in sufficient detail for Grantee to monitor the performance of this
agreement.
23
.
, .
Responsibilities of Subrecipient:
1. Provide services as stated in this Contract.
2. Read all re$U1ations attached herein to this Contract.
3. Maintain socia-economic data on clients and insure that 51 % of persons served
are low and moderate income persons.
4. Request reimbursement of expenditures for items allowed per budget.
5. Carry out activity in a timely manner.
Responsibilities of Grantee:
1. Provide Tedmical Assistance to assist subrecipient in complying with applicable
laws and regulations.
2. Monitor sub recipient to determine if the activity is being carried out as
described in this Contract. (Monitoring shall consist of site visits and review of
records).
APPENDIX C
Budget
Emergency Financial Assistance for Direct Services:
(Housing, Food, Utilities and Health Care)
Salary (project Director)
Audit
TOTAL
$4,000.00
5,140.00
460.00
$9,600.00
24
.
, "
:" c
APPENDIX D
Reporting Requirements
The Sub recipient shall submit to the Grantee the follovving reports for the term of this
agreement.
1. Quarterly Program Progress
2. Annual Program Progress
3. Audit Report
APPENDIX E
Reports' Schedule
I. Qua,.rterly Program Progress and Financial Reports Due:
1st April 15, 1998
2nd July 15, 1998
3rd October 15, 1998
4th January 15,1999
2. Annual Program Report Due:
For Reporting Period:
January 1, 1998 - March 30, 1998
April 1, 1998 - June 30, 1998
July 1, 1998 - September 30, 1998
October 1, 1998 - December 31, 1998
Janl,lary 30, 1999
For January 1,1998 through December 31,1998
3. Auqit Report due within 30 days after completion of audit.
25
ATTACHMENT #1
Regulations~ Circulars & Local Procurement Policy
a. COJ:l1II1unity Development Block Grant Entitlement Program 24 CF 570
b. 24 CFR 85
"Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments," specified at 24 CFR
570.502(a).
c. 0 ME Circular A-122
"Cost Principles for Non-Profit Organizations," or
d. 0 MB Circular A-21
"Cost Principles for Educational Institutions"
e. O:MB Circular A-IIO; Attachments A, B, C, F, H, N, and O.
"Grants and Agreements with Institutions of Higher Education,
Hospitals, & Other Non-Profit Organizations"
f. O:MB Circular A-133, "Audits of Institutions of Higher Education and
Other Non-Profit Institutions"
g. Augusta-Richmond County Procurement Policy
26
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ATTACHMENT #2
Forms
a. CnBG Income Verification
b. Reimbursement Request
c. Repbrts: Quarterly Program Progress
d. Reports: Annual Program Progress
27
-oj.
'\. ..
COPY
CONTRACT BETWEEN AUGUSTA, GEORGIA
AND
SHILOH COMPREHENSIVE COMMUNITY CENTER, INC.
FOR
THE 1998 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
TIllSAGREEMiENT, made and entered into on this ~ day of January, 1998,
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 SHILOH
COMPREHENSIVE COMMUNITY CENTER, INC., (hereinafter referred to as
the "Subrecipient").
vVHEREAS, 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 progran}S and
services necessary for the planning, implementation and execution of such a
Community Development Block Grant Program; and
WHEREAS, the Grantee desires to engage the Subrecipient to render certain services,
programs, or aSsistance in connection with such undertakings of the Community
Development Block Grant Program, situated in the Project Area described in
Appendix A.
NOW, THEREFORE, the parties hereto do mutually agree as follows:
1. SCOPE OF SERVICE
The Subrecipient shall perform all the necessary services provided under this Contract
in accordance with and respecting the following project:
"Shiloh Comprehensive Community Center Renovations"
The Shiloh Comprehensive Community Center also known as The Shiloh Orphanage
Complex consists of three buildings: Strong Academy, the Girls Dormitory and the
.l .(.
Boys Dormitory. Grantee will provide CDBG funds in the form of a loan for the
design of a master plan and for renovations to the three structures. The master plan
shall be developed by a registered Architect. Specific renovations will be determined
upon completion of the master plan. Upon completion of said master plan, the
Subrecipient shall provide to Grantee a copy of the master plan. At that time, a
determination will be made by Grantee specifying the specific renovations CDBG
funds will pay for.
As a result of CDBG assistance, the Subrecipient shall do, perform, and carry out, in
a satisfactory maimer, as determined by the Grantee, the goals, objectives, and tasks
set forth in Appendix B, and incorporated herein by reference.
2. TERM; liERMINATION
a. The services of the Sub recipient are to commence on January 1, 1998,
and. shall be undertaken and completed in such sequence as to assure
their expeditious completion in the light of the purposes of this Contract
unless so otherwise specified in the Contract Section 19 (General Terms
and Conditions). This Agreement shall remain in effect until the
renovations of said structures are complete and the services provided as
desoribed in Appendix B or until this Agreement is otherwise terminated.
However, the obligations of Subrecipient under Section 9 (program
Income) shall continue for any additional time period during which
Sub recipient may receive or remain in control of program income.
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
2
'..
to the other party. All reports or accountings provided for herein shall
be r~ndered whether or not falling due within the contract period.
d. Further, the Grantee reserves the right to terminate this contract
imniediately upon written notification to the Subrecipient under any of
the following conditions:
,
I) Notification by HUD to the Grantee that said project is ineligible
because of project location, services provided, or any other reason
cited by HUD;
2) Notification by HUD to the Grantee that said project is deficient
and that continued support of the project is not providing an
adequate level of services to low income and minority people; or
3) Written notification from HUD to the Grantee that the program
funds made available to the Grantee are being curtailed,
withdrawn, or otherwise restricted.
e. The Grantee also reserves the right to terminate this Contract or to
reduce the contract compensation amount if the Subrecipient after notice
and a reasonable opportunity to cure:
(l) 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 ill suspension or termination in accordance with
24 CFR 85.43 or OMB Circular A-I 10). [Attachment #1 (b & e)];
(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
3
...
(6) 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:
1. Ruth B. Crawford, Executive Director
11. Tracy E. Williams,Jr., Chairman
ill. Jackie Harris, Consultant
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 ofHND 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
th~ 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.
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
the construction and 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 sl}all have ten (10) working days from date of issuance of notification to
4
..
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. COMPENSATION
The Subrecipient shall be paid a total consideration of $ 71 r300 towards construction
costs and for full performance of the services specified under this Agreement. Any cost
above this amouIit shall be the sole responsibility of the Subrecipient. The assistance
shall be in the form of a loan to be repayable to Grantee upon Sub recipient's receipt
of One Cent Special Options Sales Tax funds from the consolidated government. It
is anticipated that the Sub recipient will receive said funds in the year ~ The
CDBG loan shall be made pursuant to ilie execution of a two (2) year promissory note
and a two (2) year Deed to Secure Debt which are subject to the terms of this contract.
--
Drawdowns for payment of eligible expenses shall be made in accordance with
performance. The Sub recipient shall submit pay requests approved by the
Subrecipient and Architect. The Grantee shall make payment to the contractor on a
monthly basis only with a 30-day turnaround period by Grantee. Requests for
payments mustbe received by Grantee not later than the 15th day of each calendar
month for work performed during the preceding calendar month. The Sub recipient
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
5
...
Grant Program, apd 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. 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 petsons as defined in the program regulations. The Subrecipient agrees
to maintain documentation that demonstrates that the activities carried out with funds
meets the aforementioned national objective.
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, OMB Circular A-87, "Principles for
Determining Costs Applicable to Grants and Contracts with State, Local, and
Federally Recognized Indian Tribal Governments;" OMB 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, O:MB Circular A-122, "Cost Principles
for Non-Profit Organizations," or OMB Circular A-21, "Cost Principles for
Educational Institutions," as applicable; 0 MB Circular A-133, "Audits of Institutions
of Higher Education and Other Non-Profit Institutions," and Attachments A, B, C,
F, H, N, and 0 to OMB Circular A-llO, 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.
6
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9. PROGRAM INCOME
Program Income (defined at 24 CFR 570.500 and 570.504) derived from the project
is anticipated to be approximately $0. If applicable, the projected use of the program
income shall be determined by the Grantee before execution of this Contract. The
Sub recipient shall report all "monthly" program income as defined at 24 CFR 570.504
on a quarterly basis. The Sub recipient may use such income during the contract
period for the designated use and shall reduce requests for additional funds by the
amount of any s~ch 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 Sub recipient
will retain the s~d income or said income may revert to the Grantee's Community
Development Bl0ck 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 prompdy to the Grantee.
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 Sub recipient in the form of
a loan) in excess of $25,000 will be used to meet one of the national objectives in
~5 70.208 until five years after expiration of this Contract, or for such longer period of
time as deterrnihed to be appropriate 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
Sub recipient 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).
7
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13. INDEMNIFlCATION
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 Sub recipient's performance or non-performance of its
obligations hereunder. No payment, however, fmal or otherwise, shall operate to
release the Subrecipient from any obligations under this Contract. For purposes of this
section, "Grantee" shall mean and include Augusta, Georgia, Augusta-Richmond
County Commission, and their officers, elected officials, agents, employees,
representatives, successors and assigns.
14. INSURANCE & BONDING
,
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I'
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 Sub recipient hereunder shall list Grantee, The Augusta-Richmond
County Commission and its Mayor, and their officers, agents, members, employees
and successors as named insureds, as their interests may appear, and shall be issued by
an insurance carrier or carriers licensed to do business in the State of Georgia and
reasonably acceptable to Grantee. All such policies shall provide that no act or
omission of Grantee or its agents, servants, or employees shall in any way invalidate
any insurance cbverage for the other named insureds. No insurance policy providing
any insurance coverage required to be provided by Subrecipient hereunder shall be
cancelable without at least 15 days advance written notice to Grantee. All insurance
policies required hereunder, or copies thereof, shall be provided to Grantee by
Subrecipient.
f
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I,
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: I
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 prominendy labeled as to funding source. In addition, the
Sub recipient will include a reference to the support provided herein all publications
made possible with funds made available under this contract.
8
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16. OPEN MEETINGS LAW COMPLIANCE
~
Subrecipient is subject to the Georgia Open Meetings Law if it receives more than
331130/0 of its funds from taxpayer sources. Accordingly, the Sub recipient 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 land 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 ",rritten consent of the Grantee, this Agreement is not assignable by
the Sub recipient, either in whole or in part.
18. ENTIRE CONTRACT; AMENDMENT
This Agreement is the entire agreement between the parties hereto. No amendment,
alteration or variation in the terms of this Agreement shall be valid unless made in
writing and signed by the parties hereto.
19. GENERAL TERMS AND CONDITIONS
A. REPORTS
The Subrecipient agrees to submit to Grantee program progress and fmancial
reports and any other reports that may be specified in Appendix D.
B. CUENTDATA
Sub recipient agrees to maintain racial, ethnic, gender, head of household,
household income, and household size data showing the extent to which these
9
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categories of persons have participated in, or benefitted from the project, and
to submit this information to the Grantee within 30 days after December 31,
1998.
C. RECORDS TO BE MAINTAINED
Sub recipient 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 liste9 below:
1. Records providing a full description of each activity undertaken;
11. Records demonstrating that each activity undertaken meets one of
the National Objectives of the CDBG Program;
ill. Records required to determine the eligibility of activities;
IV. Financial records as required by 24 CFR Part 570.502, and OMB
Circular A-133; and
v. Other records necessary to document compliance with Subpart K
of24 CFR 570.
Specific record keeping requirements are as follows:
The Grantee shall maintain all records necessary to monitor the progress of the
construction. The Subrecipient's Architect will conduct weekly field inspections.
The field reports shall be submitted to Grantee for evaluation of contractor's
progress. The Sub recipient and its Architect shall provide the Grantee with
contractor's pay requests for Grantee's approval and payment until all CDBG
funds have been expended. Any changes in the construction contract govemed
by this contract shall be done by written change order issued by the
Subrecipient's Architect and executed by the Subrecipient, Architect and
Grantee.
The Subrecipient shall enter a construction contract for the implementation of
the construction work and shall follow the required procurement procedures as
set forth in 24 CFR 85.36 with the stipulation that the advertising and bid
process be in accordance with the Grantee's procurement policy if the cost of
construction is estimated to be under $100,000. If construction costs exceed
$100,00Q, 24 CFR 85.36 shall apply. Once CDBG funds have been expended,
10
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the Subrecipient shall continue to submit to Grantee the Architect's field reports
until construction is complete for the entire project.
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 Sub recipient receives $300,000
or more in combined federal assistance, it agrees to obtain an audit conducted
in accordance with O:MB Circular A-133. However, if an audit is not required,
the Subrecipient agrees to provide quarterly fmancial reports to the Grantee.
If Subrecipient do not prepare fmancial 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 shall
be provided on request, access to and the right to examine all records, books,
papers, or documents related to the project.
E. RETENTION OF RECORDS
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.
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4,
G. AFFtrRMATIVE ACTION
The Subrecipient, if its program involves housmg, 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 bemg 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
Subrecipi(mt 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 Sub recipient
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
12
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 entided to any of the rights, privileges, or
benefits of Grantee employees. The Sub recipient 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 Sub recipient 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.
L. PR:OCUREMENT
Procurement shall be done through the sealed bid method. The Sub recipient
shall submit the plans and specifications for the improvements to the Grantee
for approval with all necessary contract documents. The Subrecipient shall also
submit the executed Promissory Note and 'Deed to Secure Debt to Grantee at
this time. . Once the Grantee receives this information, the Grantee will schedule
the bid date and publish the advertisements for bids in the three local
newspapf;':rs. The bid opening will be held at the Grantee's Purchasing
Department. The Subrecipient's Architect and Grantee shall review all bids
and select the lowest most responsive bid. Thereafter, the Augusta-Richmond
County Commission shall award the contract to the contractor and a
preconstruction meeting will be scheduled before construction commences.
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 Sub recipient 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 Sub recipient 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 Sub recipient
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, 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
Sub recipient's commitments under this section, and shall post
copies of the notice in conspicuous places available to employees
and applicants for employment.
(4) The Sub recipient 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.
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(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.
(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
federally assisted construction contracts in accordance with
procedures authorized in Executive Order 11246 of September 24,
1965, as amended, and such other sanctions may be imposed and
remedies invoked as provided in Executive Order 11246 of
September 24, 1965, as amended, or as otherwise provided by law.
(7) The Sub recipient will include the portion of the sentence
immediately preceding paragraph (I) and the provi~ions 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 BUD, the Subrecipient may request the United States
to enter into such litigation to protect the interests of the United
States.
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B. Equ~l 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 direcdy 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:
a. Deny any facilities, services, fmancial aid, or other benefits
provided under the program or activity.
b. , Provide any facilities, services, fmancial aid, or other benefits
which are different, or are provided in a different form from that
provided to others under the program or activity.
c. 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.
d. 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.
e. Treat an individual differendy from others in determining whether
the individual satisfies any admission, enrollment, eligibility,
16
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.
f. 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 0/0) owned and controlled by minority
group members or women. For the purpose of this definition, "minority group
members" are African-American, Spanish-speaking, Spanish surnamed or written
representations by Subrecipients regarding their status as minority and female business
enterprises in lieu of an independent investigation.
D. SECTION 3 CLAUSE
The Subrecipient will conform with the rules and regulations set forth under Section
3 of the Housing and Urban Development Act of 1968, (12 USC 170lu), 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.
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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 Tide 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 Tide 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 improveme~ts erected or to be erected thereon. The Subrecipient will comply
with Tide VII of the Civil Rights Act of 1968 (PL 90-284) as amended and will
administer all prQgraffiS and activities related to housing and community development
in a manner to affirmatively further Fair Housing.
F. Labor Standards
Except with respect to the rehabilitation of residential property designed for residential
use for less than eight households, the Subrecipient and all subcontractors engaged in
contracts in excess of $2,000 for the construction, completion, rehabilitation, or repair
of any building or work fmanced 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 joumeyworkers. Under
the terms of the Davis-Bacon Act, as amended, the Sub recipient 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 Sub recipient of its obligation, if any, to require
payment of the higher rates.
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G. Flood Disaster Protection
I
This Agreement is subject to the requirements of the Flood Disaster Protection Act of
1973 (pL93-234). Use of any assistance provided under this Agreement for acquisition
or construction in an area identified as having special flood hazards shall be subject to
the mandatory pUrchase of flood insurance with the requirements of Section 102(a) of
said Act.
H. Clean Air Act and Federal Water Pollution Control Act (Applicable to
Contracts and Subcontracts which exceed $100,000).
The Subrecipient'shall comply with and require each subcontractor to comply with all
applicable standards of the Clean Air Act of 1970 (42 USC 1857 et seq.), as amended,
the Clean Air Act of 1990, the Federal Water Pollution Control Act (33 USC 1251 et
seq.), as amended, and the regulations of the Environmental Protection Agency with
respect thereto, at 40 CFR Part 15, as amended from time to time.
I. Provisions of the Hatch Act
Neither the Subntcipient 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 Tide
5, United States Code.
J. Lead-Based Paint
Any grants or loans made by the Sub recipient for the rehabilitation of residential
structures with assistance provided under this Agreement shall be made subject to the
provisions for the elimination oflead-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.
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K. Special Assessments
Subrecipient will not attempt to recover any capital costs of public improvements
assisted m 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 Tide 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).
L. Acquisition, Rehabilitation, and Demolition of Real Property and
Displacement of Persons and Businesses
Subrecipient will tomply with the "Grantee's Community Development Block Grant
Program Plan for Minimizing the Displacement of Persons as a result of Community
Development Block Grant Funded Activities" and the Grantee's Community
Development Block Grant Program Residential Anti-displacement and Relocation
Assistance Plan." The Subrecipient will conduct any acquisition, rehabilitation, or
demolition, of real property, and any negotiations for acquisition, rehabilitation, or
demolition of real property in compliance with the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970, as amended, Section 104(d) of the Act,
and the implementing regulations at 49 CFR 24 and 24 CFR 570.606. Unless
specifically permitted in Appendix B or Appendix C, Subrecipient will not cause
either temporary or permanent involuntary displacement of persons or businesses. If
Subrecipient causes the mvoluntary 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 Sub recipient 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 104(d) of the Act, and the implementing regulations
at 49 CFR 24 and 24 CFR 570.606. Subrecipient hereby agrees to defend, to pay,
and to indemnify the Grantee from and against any and all claims and liabilities for
20
relocation benefits or the provision of replacement dwelling units required by federal
statutes and regulations in connection with activities undertaken pursuant to this
Agreement.
M. Lobbying Restrictions
Subrecipient certifies that, to the best of its knowledge and belief:
No Federal appropriated funds have been paid or will be paid, by or on behalf of it,
to any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee
of a Member of Congress in connection with the awarding of any Federal contract, the
making of any Federal Grant, the making of any Federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative agreement;
If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or employee of
a Member of Congress, in connection with this Federal Contract, grant, loan, or
cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure
Form to Report Lobbying" in accordance with its instructions; and
It will require that the language of this paragraph M be included in the award
documents for all subawards at all tiers (including subcontractors, subgrants, and
contracts under grants, loans, and cooperative agreements) and that all subrecipients
shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by Section 1352, Tide
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.
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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 correcdy inserted, then upon the application
of either party the contract shall forthwith be physically amended to make such
insertion or correction.
O. HISTORIC PRESERVATION
The Subrecipient agrees to comply with the Historic Preservation requirements set for
in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the
procedures set forth in CFR, Part 800, Advisory Council of Historic preservation
Procedures for Protection of Historic properties, insofar as they apply to the
performance of this contract.
In general, this requires concurrence from the State Historic Preservation Officer for
all rehabilitation :and demolition of historic properties that are fIfty years old or older
or that are included on a Federal, State, or local historic property list.
21. MISCELLANEOUS
A. This Agreement shall be governed by and construed according to the
laws of the State of Georgia.
B. Time shall be of the essence to this Contract, except where it is herein
specifically provided to the contrary. Subrecipient shall provide the scope
of services in accordance with the schedules set forth in Appendix B.
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.
IN WITNESS WHEREOF, the parties have set their hands and seals as of the date
first written above.
ATTEST:
SEAL
~~~
Clerk of Commission
ATTEST:
SEAL
~Z~W~
cli;;}i:j
(PI . . Witness)
By:
~
l1IlI dQCUIIIInl ~ as
~~~.
SHILOH COMPREHENSIVE
COMMUNITY CENTER~ INC.
(Subrecipient)
By: tti /do ~~
Ruth B. CraWford
As its Executive Director
23
~\f
I. .
APPENDIX A
Proj ect Area
The project is loca~ed at 1633-1637 Fifteenth Street, Augusta, Georgia.
APPENDIX B
Goals, Objectives, and Tasks
The Shiloh Comprehensive Community Center is a neighborhood facility for
predominately senior citizens. The Center consists of three buildings: Strong
Academy, the Girls Dormitory and the Boys Dormitory. The center is located near
four low income public housing complexes: Cherry Tree Crossing, Gilbert Manor,
Sunset Villa and Jennings Homes. The center provides social, recreational,
educational, nutritional and health needs for senior citizens and youths six (6) days a
week, Monday through Saturday. Activities for seniors include the Wellness Program,
Brown Bag Program, Food Assistant Program, Exercise and Nutrition Program,
Golden Lunch Brunch, sewing, group singing and seminars concerning Physical and
Occupational Therapy presented by the Medical College of Georgia. Also, the center
provides shelter for seniors during extreme hot and cold weather conditions. For
youths, the center provides a Saturday tutorial program.
The goal of the Subrecipient is to provide services to 1,535 senior citizens and 160
youths during 1998.
Sub recipient shall submit to Grantee within 15 days after the execution of this
agreement a complete listing of each service to be provided, a schedule of all programs
undertaken at the center, the operational hours of the center and a schedule for
completion of the renovations to the facilities. The schedule shall be in sufficient detail
for Grantee to monitor the performance of this agreement.
24
'> .
Responsibilities of Subrecipient:
1. Read all regulations attached herein to this Contract.
2. Follow proper procurement procedures as oudined in the Contract.
3. Incorporate all Federal requirements in contract documents.
4. Submit to Grantee one (1) copy of master plan.
5. Submit to Grantee one (1) copy of construction plans and specifications for
review and approval before project is let for bid.
6. Provide s~rvices as described in Appendix B.
7. For five (5) years after completion of the center's renovations, submit to Grantee
certification to the effect that the facility continues to be used as a senior citizens
center.
8. Maintain socio-economic data and a listing of services provided to each client.
Responsibilities of Grantee:
I. Provide Technical Assistance to assist Subrecipient in complying with applicable
laws and regulations.
2. Assist Sub recipient with procurement procedures.
3. Provide all materials pertaining to Federal requirements for inclusion in contract
documents.
4. Monitor Subrecipient to determine if the aCtlVIty is being carried out as
described in this Contract. (Monitoring shall consist of site visits and review of
records).
25
~ .
ATTACHMENT #1
Regulations, Circulars & Local Procurement Policy
a. Community Development Block Grant Entitlement Program 24 CF 570
I
b. 24 CFR 85
"Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments," specified at 24 CFR
570.502(a).
c. OMB Circular A-122
"Cost Principles for Non-Profit Organizations," or
d. 0 M::B Circular A-21
"Cost Principles for Educational Institutions"
e. 011B Circular A-l10; Attachments A, B, C, F, H, N, and O.
"Gr~ts and Agreements with Institutions of Higher Education,
Hospitals, & Other Non-Profit Organizations"
f. O:M:B Circular A-133, "Audits of Institutions of Higher Education and
Oth~r Non-Profit Institutions"
g. Augusta-Richmond County Procurement Policy
., ..
ATTACHMENT #2
Forms
a. CD:aG Income Verification
b. Reimbursement Request
c. Report: Quarterly Program Progress
d. Reports: Annual Program Progress
/
".
i: ~
CONTRACT BETWEEN AUGUSTA, GEORGIA
AND
AUGUSTA TASK FORCE FOR THE HOMELESS, INC.
FOR
THE 1998 COMMUNl1Y DEVELOPMENT BLOCK GRANT PROGRAM
THISAGREEMENT, made and entered into on this ~ day of January, 1998,
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 the AUGUSTA TASK
FORCE FOR THE HOMELESS, INC., (hereinafter referred to as the
"Subrecipient").
WHEREAS, the Grantee has received a Community Development Block Grant from
the United States Department of Housing and Urban Development (HUD) under
Title I of the Housing and Community Development Act of 1974, as amended (42
USC 5301 et seq.) (the Act); and
WHEREAS, pursuant to such Grant, the Grantee is undertaking certain programs and
services necessary for the planning, implementation and execution of such a
Community Devdlopment Block Grant Program; and
WHEREAS, the Grantee desires to engage the Subrecipient to render certain services,
programs, or assistance in connection with such undertakings of the Community
Development Block Grant Program, situated in the Project Area described in
Appendix A
NOW, THEREFORE, the parties hereto do mutually agree as follows:
1. SCOPE OF SERVICE
The Subrecipient shall perform all the necessary services provided under this
Contract in accordance with and respecting the following project:
"Comprehensive Homeless Service Program"
A Homeless Coordinator will be employed to provide outreach planning, data
collection and community education on the issues of homelessness and homeless
prevention.
MAR 1 7 1998
,
The Subrecipient shall do, perform, and carry out, in a satisfactory manner, as
determined by the Grantee, the goals, objectives, and tasks set forth in Appendix B,
and incorporated herein by reference.
2. TERMS; TERMINATION
a. The services of the Subrecipient are to commence on January 1 ~ 1998~
and shall be undertaken and completed in such sequence as to assure
their expeditious completion in the light of the purposes of this Contract
unless so otherwise specified in the Contract Section 19 (General Terms
and Conditions). This Agreement shall remain in effect until December
31, 1998, or until this Agreement is otherwise terminated.
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
ofaNotice 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 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
. .
2) Notification by HUD to the Grantee that said project is deficient
and that continued support of the project is not providing an
adequate level of services to low income and minority people; or
3) Written notification from HUD to the Grantee that the program
funds made available to the Grantee are being curtailed,
withdrawn, or otherwise restricted.
e. The Grantee also reserves the right to terminate this Contract or to
reduce the contract compensation amount if the Subrecipient:
(1) Fails to file required reports or to meet project progress or
completion deadlines;
(2) Materially fails to comply with any provision of this Agreement
(which may result in suspension or tennination in accordance with
24 CPR 85.43 or OMB Circular A-II0. [Attachment #1(b & e)];
(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. KEY PERSONNEL
a. Subrecipient shall assign to this Contract the follO\",ing key personnel:
1. Gary Billingsley, President
n. Richard Colclough, Vice President
ill. Lynda Suarez, Secretary
3
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. Sub recipient shall notify the Grantee
Director ofHND 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.
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.
4
6. SEVERABIUTY
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 $ 36~600 for full performance
of the services specified under this Agreement. Any cost above this amount shall be
the sole responsibility of the Subrecipient. Sub recipient shall submit monthly requests
for payments to .the Housing and Neighborhood Development (HND) Department.
Compensation shall be allowed on a reimbursement basis, only after expenditures have
been incurred by the Subrecipient and proper supporting documentation has been
submitted in conformity with the approved and executed budget document which is
attached to this Contract as Appendix C, incorporated herein by reference. In every
case, payment will be made subject to receipt of a reimbursement request for payment
from the Subrecipient specifying and certifying that such expenses have been incurred
and expended in conformance with this Contract and that the Sub recipient is entitled
to receive the amount requested under the terms of this Contract.
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 CPR Part 570 and other regulations governing the Community Development Block
Grant Program, and any amendments or policy revisions thereto which shall become
5
effective during the term of this Agreement. A copy of said regulations is incorporated
by reference. 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 CPR 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 CPR 8), the Americans with Disabilities Act of 1990,
the Age Discrimination Act of 1975 (42 USC 6101) (and the implementing regulations
at 24 CPR 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 as defmed in the program regulations. The Sub recipient agrees
to maintain documentation that demonstrates that the activities carried out with funds
meets one the aforementioned national objective.
Subrecipient agrees to comply with the uniform administrative requirements specified
at 24 CPR 570.502 and 24 CPR 570.610, including:
If the Sub recipient is a government agency, OMB Circular A-87, "Principles for
Determining Costs Applicable to Grants and Contracts with State, Local, and
Federally Recognized Indian Tribal Governments;" OMB 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 CPR 570.502(a).
If the Subrecipient is not a government agency, OMB Circular A-122, "Cost Principles
for Non-Profit Organizations," or Ol'vfB Circular A-21, "Cost Principles for
Educational Institutions," as applicable; OMB Circular A-133, "Audits of Institutions
of Higher Education and Other Non-Profit Institutions," and Attachments A, B, C,
F, H, N, and 0 to OMB Circular A-II0, as specified at 24 CPR 570.502(b).
Sub recipient is prohibited from using funds provided herein for political activities,
sectarian or religious activities, or lobbying activities.
9. PROGRAM INCOME
Program Income (defmed at 24 CPR 570.500 and 570.504) derived from the project
is anticipated to be approximately $0.
6
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 Sub recipient in the form of
a loan) in excess of $25,000 will be used to meet one of the national objectives in
g570.208 until five years after expiration of this Contract, or for such longer period of
time as determined to be appropriate by the Grantee.
11. INDIRECT COSTS
Indirect costs will only be paid if Sub recipient has a indirect cost allocation plan
approved by the Department of Housing and Urban Development prior to the
execution of this Contract.
12. TRAVEL
Subrecipient shall obtain prior written approval from the Grantee for any travel
outside the metrqpolitan 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 COnI1ection with Subrecipient's performance or non-performance of its
obligations hereunder. No payment, however, fmal or otherwise, shall operate to
release the Sub recipient from any obligations under this Contract.
14. INSURANCE & BONDING
Subrecipient shall carry sufficient insurance coverage to protect contract assets from
loss due to theft, fraud and/or undue physical damage, and as a minimum shall
purchase a blanket fidelity bond covering all employees in an amount equal to cash
advances from the Grantee. All policies providing insurance coverage required to be
maintained by Subrecipient hereunder shall list Grantee, The Augusta-Richmond
County Commission and its Mayor, and their officers, agents, members, employees
7
..
and successors as named insureds, as their interests may appear, and shall be issued by
an insurance carrier or carriers licensed to do business in the State of Georgia and
reasonably acceptable to Grantee. All such policies shall provide that no act or
omission of Grantee or its agents, servants, or employees shall in any way invalidate
any insurance coverage for the other named insureds. No insurance policy providing
any insurance coverage required to be provided by Subrecipient hereunder shall be
cancelable without at least 15 days advance written notice to Grantee. All insurance
policies required hereunder, or copies thereof, shall be provided to Grantee by
Subrecipient.
15. GRANTOR RECOGNITION
Sub recipient 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 COMPUANCE
Sub recipient is subject to the Georgia Open Meetings Law if it receives more than
331130/0 of its funds from taxpayer sources. Accordingly, the Sub recipient 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 priQr written consent of the Grantee, this Agreement is not assignable by
the Subrecipient, either in whole or in part.
8
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.
19. GENERAL TERMS AND CONDITIONS
A. REPORTS
The Subrecipient agrees to submit to Grantee program progress and [mancial
reports and any other reports that may be specified in Appendix D.
B. CLIENT DATA
Sub recipient agrees to maintain racial, ethnic, gender, head of household,
household income, and household size data showing the extent to which these
categories of persons have participated in, or benefitted from the project, and
to submit this information to the Grantee within 30 days after December 31,
1998.
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;
n. Records demonstrating that each activity undertaken meets one of
the National Objectives of the CDBG Program;
lll. Records required to determine the eligibility of activities;
IV. Financial records as required by 24 CPR Part 570.502, and OMB
Circular A-133; and
v. Other records necessary to document compliance with Subpart K
of24 CFR 570.
Subrecipient agrees to keep all necessary books and records, including property,
personnel and financial records, in connection with the operations and services
9
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 OMB Circular A-133. However, if an audit is not required,
the Subrecipient agrees to provide quarterly fmancial reports to Grantee. If
Subrecipieht do not prepare fmancial 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 the project.
E. RETENTION
The Subrecipient hereby severally warrants that all project records, books,
papers, and documents will be retained for a period of not less than four (4)
years after the termination of all activities funded under this contract, or after
the resolution of all Federal audit findings, whichever occurs later and grants the
Grantee the option of retention of the project records, books, papers, and
documents. The retention period shall start from the date of submission of the
Grantee's annual performance report, as prescribed in 24 CPR 91.520, in which
the specific activity is reported on for the fmal time rather than from the date
of submission of the fmal 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. CONFUCT OF INTEREST
10
The Subrecipient hereby severally warrants that it will establish and adopt
safeguards tQ 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
Sub recipient 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
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 use 794)
(and the implementing regulations at 24 CPR 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
II
. ,
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 Sub recipient 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 Sub recipient 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.
L. 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 defmed by such policy and as may
be procured with funds provided herein.
20. OTHER PROVISIONS
A. Equal Employment Opportunity
The following provisions (1) and (2) are applicable to all contracts and
subcontracts; provisions (3) through (7) are applicable to all non-exempt
construction contracts and subcontracts which exceed $10,000:
(1) The Sub recipient 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 Sub recipient 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 Sub recipient
agrees to post in conspicuous places, available to employees and
12
. .
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, 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
Sub recipient'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 Sub recipient 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.
(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
federally assisted construction contracts in accordance with
13
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 Sub recipient 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 ofHUD (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
14
arrangements, on the grounds of race, color, creed, religion, sexual
orieqtation, ancestry, national origin, marital status, familial status, age,
handicap, disability, sex or other basis prohibited by applicable law:
a. Deny any facilities, services, fmancial aid, or other benefits
provided under the program or activity.
b. 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.
c. 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.
d. Restrict in any way access to, or the enjoyment of any advantage
or privilege enjoyed by others in connection with facilities, services,
fmancial aid or other benefits under the program or activity.
e. 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.
f. 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 minurity 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 (510/0) owned and controlled by minority
group members or women. For the purpose of this definition, "minority group
15
members" are African-American, Spanish-speaking, Spanish surnamed or written
representations by Subrecipients regarding their status as minority and female business
enterprises in lieu of an independent investigation.
D. SECTION 3 CLAUSE
The Subrecipient will conform with the rules and regulations set forth under Section
3 of the Housing and Urban Development Act of 1968, (12 USC 1701 u), as amended,
and the HUD regulations issued pursuant thereto at 24 CPR Part 135. This Act
requires that, to the greatest extent feasible, opportunities for training and employment
be given to lower income residents of the project area, and contracts for work in
connection with the project be awarded to business concerns which are located in, or
owned in substantial part by persons residing in the area of the project. In all
solicitations for bids the contractor must, before signing the contract, provide a
preliminary statement of the work force needs and plans for possible training and
employment of lower income persons. When a Subrecipient utilizes the bidding
procedure to let a bid, the invitation or solicitation for bids shall advise prospective
contractors of the, requirements of Section 3 of the Housing and Urban Development
Act of 1968, as amended, and the clause shall be inserted as a component part of any
contract or subcontract.
If a Subrecipient solicits or requests an invitation for bids, every effort feasible will be
made to contact minority-owned and women-owned business enterprises for a response
to the solicitation or invitation for bidders.
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
16
administer all programs and activities related to housing and community development
in a manner to affirmatively further Fair Housing.
F. Labor Standards
Except with respect to the rehabilitation of residential property designed for residential
use for less than eight households, the Subrecipient and all subcontractors engaged in
contracts in excess of $2,000 for the construction, completion, rehabilitation, or repair
of any building or work fmanced 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 inl1ended 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 l02(a) of
said Act.
H. Clean Air Act and Federal Water Pollution Control Act (Applicable to
Contracts and Subcontracts which exceed $100,000).
The Subrecipient shall comply with and require each subcontractor to comply with all
applicable standards of the Clean Air Act of 1970 (42 USC 1857 et seq.), as amended,
the Clean Air Act of 1990, the Federal Water Pollution Control Act (33 USC 1251 et
17
. .
seq.), as amended, and the regulations of the Environmental Protection Agency with
respect thereto, at 40 CFR Part 15, as amended from time to time.
I. Provisions of the Hatch Act
Neither the Subredipient program nor the funds provided therefor, nor the personnel
employed in the administration of the program shall be in any way or to any extent
engaged in the conduct of political activities in contravention of Chapter 15 of Title
5, United States Code.
J. Lead-Based Paint
Any grants or loans made by the Sub recipient for the rehabilitation of residential
structures with assistance provided under this Agreement shall be made subject to the
provisions for the elimination oflead-based paint hazards under 24 CFR Part 35. The
Subrecipient, at i~ sole cost, will comply with the requirements of 24 CFR 570.608 for
notification, inspection, testing, and abatement procedures concerning lead-based
paint. Such regulations require that all owners, prospective owners, and tenants of
properties constructed prior to 1978 be properly notified that such properties may
contain lead-based paint. Such notification shall point out the hazards of lead-based
paint and explain the symptoms, treatment, and precautions that should be taken
when dealing with lead-based paint poisoning.
K. Special Assessments
Subrecipient will not attempt to recover any capital costs of public improvements
assisted in whole or in part with funds provided under Section 106 of the Act or with
amounts resulting from a guarantee under Section 108 of the Act by assessing any
amount against properties owned and occupied by persons of low and moderate
income, including any fee charged or assessment made as a condition of obtaining
access to such public improvements, unless: (1) funds received under Section 106 of
the Act are used to pay the proportion of such fees or assessment that relates to the
capital costs of such public improvements that are financed from revenue sources other
than under Title I of the Act, or (2) for purposes of assessing any amount against
properties owned and occupied by persons of moderate income, the grantee certifies
to the Secretary of HUD that it lacks sufficient funds received under Section 106 of the
Act to comply with the requirements of subparagraph (1).
18
L. Acquisition, Rehabilitation, and Demolition of Real Property and
Displacement of Persons and Businesses
Sub recipient 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 CPR 24 and 24 CFR 570.606. Unless
specifically permitted in Appendix B or Appendix C, Sub recipient will not cause
either temporary or permanent involuntary displacement of persons or businesses. If
Subrecipient causes the involuntary temporary or permanent displacement of any
person or business as a result of Community Development Block Grant Activities, it
shall comply with the Grantee's "Plan to Assist Persons Actually Displaced by
Community Development Block Grant Activities," and Sub recipient 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. Sub recipient hereby agrees to defend, to pay,
and to indemnify the Grantee from and against any and all claims and liabilities for
relocation benefits or the provision of replacement dwelling units required by federal
statutes and regulations in connection with activities undertaken pursuant to this
Agreement.
M. Loobying 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;
19
If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or employee of
a Member of Congress, in connection with this Federal Contract, grant, loan, or
cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure
Form to Report Lobbying" in accordance with its instructions; and
It will require that the language of this paragraph M be included in the award
documents for all subawards at all tiers (including subcontractors, subgrants, and
contracts under grants, loans, and cooperative agreements) and that all subrecipients
shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by Section 1352, Title
31, United States Code. Any person who fails to fIle the required certification shall be
subject to a civil penalty of not less than $10,000 and not more than $100,000 for each
such failure.
N. Provisions Required by Law Deemed Inserted
Each and every provision of law and clause required by law to be inserted in this
Contract shall be deemed to be inserted herein and the contract shall be read and
enforced as though it were included herein, and if through mistake or otherwise any
such provision is not inserted, or is not correctly inserted, then upon the application
of either party the contract shall forthwith be physically amended to make such
insertion or correction.
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 CPR, 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.
20
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. Sub recipient shall provide the scope
of services in accordance with the schedules set forth in Appendix B.
IN WITNESS WHEREOF, the parties have set their hands and seals as of the date
first written above.
SEAL
'lNllIoclIntllllllPllI'Ied as
~lJ!-%~f?
omty Date
ATTEST:
~'ii~
Clerk of Commission
SEAL
AUGUSTA TASK FORCE
FOR THE HOMELESS~ INC.
(Sub recipient)
By: ci~~
As its President
ATTEST:
q~:rezJu~
As its Corporate Secretary
(plain Witness)
21
APPENDIX A
Project Area
The project location is 1384 Greene Street, Augusta, Georgia. The area to be served is
Augusta-Richmond County.
APPENDIX B
Goals7 Objectives7 and Tasks
The Augusta Task Force for the Homeless provides advocacy for the homeless and acts as
a coordinating body for the homeless service providers in Augusta-Richmond County. In
the area of supportive services, the objective is to expand the ability of existing agencies and
organizations to serve the homeless, near homeless and those with special needs.
The Task Force is presently comprised of thirty-one (31) agency members and numerous
community support organizations. All members are dedicated to ending homelessness by
offering counseling, training and programs to assist persons in becoming self-sufficient
members of society. Also, The Task Force has developed a Continuum of Care to evaluate
what services are available to homeless men, women and children. The goal is to assess what
gaps in services are not being met to serve those in need and to start programs to fill this
need.
CDBG funds will be used for the hiring of a full time Homeless Coordinator, equipment and
administrative support. The Homeless Coordinator will be responsible for collecting data
from homeless service agencies and other sources on the number of homeless persons served
and not served in the Augusta CSRA, type of services provided; write grant proposals,
identify unserved populations and provide assessment, evaluation and referrals, educate the
public by disseminating information on the problems and solutions of homelessness to the
general public, access volunteer needs in homeless service agencies and make appropriate
referrals.
The Subrecipient shall advertise the Coordinator's position in the Augusta Chronicle and
at least one minority newspaper. The Subrecipient shall provide to Grantee for review all
applications for the Coordinator's position. Under no conditions shall the Subrecipient fill
the vacancy without prior written consent of Grantee.
Funding provided shall be used for the period beginning January 1, 1998 and ending
December 31, 1998. 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.
22
Responsibilities of Subrecipient:
1. Provide services as stated in this Contract.
2. Read all regulations attached herein to this Contract.
3. Maintain socio-economic data on clients and insure that 51 % of persons served are
low and moderate income persons.
4. Request reimbursement of expenditures for items allowed per budget.
5. Carry out activity in a timely manner.
Responsibilities of Grantee:
1. Provide Technical Assistance to assist Subrecipient in complying with applicable laws
and regulations.
2. Monitor Subrecipient to determine it the activity is being carried out as described in
this Contract. (Monitoring shall consist of site visits and review of records).
APPENDIX C
Budget
Salary: Homeless Coordinator
(Including Taxes & Insurance)
Salary: Administrative Support
Equipment: Computer & Accessories
Total Budget
$28,080
5,850
2,670
$36,600
APPENDlX D
Reporting Requirements
The Subrecipient shall submit to the Grantee the following reports for the term of this
agreement:
1. Quarterly Program Progress and Financial Reports or a Detailed List of
Cash Receipts and Cash Disbursements.
2. Annual Program Progress Report and Financial Report or Detailed List
of Cash Receipts and Cash Disbursements or Audit Report, if applicable.
3. Use of Equipment for five (5) years after the expiration of this agreement.
23
APPENDIX E
Reports' Schedule
1. Quarterly Program Progress and Financial Reports Due:
1st April 15, 1998
2nd July 15, 1998
3rd October 15, 1998
4th January 15, 1999
For Reporting Period:
January 1, 1998 - March 30, 1998
April 1, 1998 -June 30, 1998
July 1, 1998 - September 30, 1998
October 1, 1998 - December 31, 1998
2. Annual Program & Financial Reports and Use of Equipment:
For Reporting Period:
1st January 30, 1999
2nd January 30, 2000
3rd January 30, 2001
4th January 30, 2002
5th January 30, 2003
January 1, 1998 through December 31, 1998
January 1, 1999 through December 31, 1999
January 1, 2000 through December 31, 2000
January 1, 2001 through December 31, 2001
January 1, 2002 through December 31, 2002
3. Audit Report shall be due within 30 days upon completion of audit.
24
.
ATIACHMENT #1
Regulations~ Circulars & Local Procurement Policy
a. Community Development Block Grant Entitlement Program 24 CF 570
b. 24 CFR 85 "Uniform Administrative Requirements for Grants and
Cooperative Agreements to State and Local Government," specified at
24 CFR 570.502 (a)
c. OMB Circular A-122
"Cost Principles for Non-Profit Organizations," or
d. OMB Circular A-21
"Cost Principles for Educational Institutions"
e. OMB Circular A-II0; Attachments A, B, C, F, H, N, and O.
"Grants and Agreements with Institutions of Higher Education,
Hospitals, & Other Non-Profit Organizations"
f. OMB Circular A-133, "Audits of Institutions of Higher Education and
Other Non-Profit Institutions"
g. Augusta-Richmond County Procurement Policy
ATTACHMENT #2
Forms
a. CDBG Income Verification
b. Inventory Log
c. Reimbursement Request
d. Reports: Quarterly Program Progress
e. Reports: Annual Program Progress
f. Time Sheet
,iT
COpy
CONTRACT BETWEEN AUGUSTA, GEORGIA ~
AND
GOODWILL INDUSTRIES OF MIDDLE GEORGIA, INC.
FOR
THE 1998 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
THIS AGREEMENT, made and entered into on this~ day of January, 1998,
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 GOODWILL
INDUSTRIES OF MIDDLE GEORGIA, INC., (hereinafter referred to as the
"Subrecipient").
WHEREAS, the Grantee has received a Community Development Block Grant from
the United States Department of Housing and Urban Development (BUD) 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 I
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 Sub recipient shall perform all the necessary services provided under this Contract
in accordance with and respecting the following project:
"The Job Connection Program"
The Subrecipient will employ one Vocational Services Resource Broker to provide job
placement services to low and moderate income persons residing in Augusta-
Richmond County who are unemployed and experiencing barriers to employment. ~...
The Subrecipient shall do, perform, and carry out, in a satisfactory manner, as
determined by the Grantee, the goals, objectives, and tasks set forth in Appendix B,
and incorporated herein by reference.
2. TERMS; TERMINATION
a. The services of the Subrecipient are to commence on January 1, 1998,
and shall be undertaken and completed in such sequence as to assure
their expeditious completion in the light of the purposes of this Contract
unless so otherwise specified in the Contract Section 19 (General Terms
and Conditions). This Agreement shall remain in effect until December
31, 1998, or until this Agreement is otherwise terminated.
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 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
2) Notification by HUD to the Grantee that said project is deficient
and that continued support of the project is not providing an
adequate level of services to low income and minority people; or
3) Written notification from HUD to the Grantee that the program
funds made available to the Grantee are being curtailed,
withdrawn, or otherwise restricted.
e. The Grantee also reserves the right to terminate this Contract or to
reduce the contract compensation amount if the Subrecipient:
(1) Fails to file required reports or to meet project progress or
completion deadlines;
(2) Materially fails to comply with any provision of this Agreement
(which may result in suspension or tennination in accordance with
24 CPR 85.43 or OMB Circular A-I10). [Attachment #1 (b & e)];
(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. KEY PERSONNEL
a. Subrecipient shall assign to this Contract the following key personnel:
1. Wendi P. Copeland, Director of V ocational Services
11. Mary Wells, Program Manager
lll. Michele Canchola, Coordinator
3
I,
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 ofHND 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 Sub recipient 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. 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., Sub recipient 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.
4
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 $ 9r600.00 for full
performance of the services specified under this Agreement. Any cost above this
amount shall be the sole responsibility of the Subrecipient. Sub recipient shall submit
monthly requests for payments to the Housing and Neighborhood Development
(HND) Department. Compensation shall be allowed on a reimbursement basis, only
after expenditures have been incurred by the Subrecipient and proper supporting
documentation has been submitted in conformity with the approved and executed
budget document which is attached to this Contract as Appendix C, incorporated
herein by reference. In every case, payment will be made subject to receipt of a
reimbursement request for payment from the Subrecipient specifying and certifying
that such expenses have been incurred and expended in conformance with this
Contract and that the Subrecipient is entitled to receive the amount requested under
the terms of this Contract.
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
5
.'.
effective during the term of this Agreement. A copy of said regulations is incorporated
by reference. 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 as defined in the program regulations. The Subrecipient agrees
to maintain documentation that demonstrates that the activities carried out with funds
meets the aforementioned national objective.
Subrecipient agrees to comply with the uniform administrative requirements specified
at 24 CFR 570.502 and 24 CFR 570.610, including:
If the Sub recipient is a government agency, OMB Circular A-87, "Principles for
Determining Costs Applicable to Grants and Contracts with State, Local, and
Federally Recognized Indian Tribal Governments;" OMB Circular A-128, "Audits of
State and Local Governments" (implemented at 24 CFR 44); and the sections of 24
CPR 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, OMB Circular A-122, "Cost Principles
for Non-Profit Organizations," or OMB Circular A-21, "Cost Principles for
Educational Institutions," as applicable; OMB Circular A-133, "Audits of Institutions
of Higher Education and Other Non-Profit Institutions," and Attachments A, B, C,
F, H, N, and 0 to OMB Circular A-II0, as specified at 24 CPR 570.502(b).
Sub recipient is prohibited from using funds provided herein for political activities,
sectarian or religious activities, or lobbying activities.
9. PROGRAM INCOME
Program Income (defmed at 24 CPR 570.500 and 570.504) derived from the project
is anticipated to be $0.
6
"
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 Sub recipient in the form of
a loan) in excess of $25,000 will be used to meet one of the national objectives in
g570.208 until five years after expiration of this Contract, or for such longer period of
time as determined to be appropriate by the Grantee.
11. INDIRECT COSTS
Indirect costs will only be paid if Subrecipient has an indirect cost allocation plan
approved by the Department of Housing and Urban Development prior to the
execution of this Contract.
12. TRAVEL
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 CPR 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, fmal or otherwise, shall operate to
release the Sub recipient from any obligations under this Contract.
14. INSURANCE & BONDING
Subrecipient shall carry sufficient insurance coverage to protect contract assets from
loss due to theft, fraud and/or undue physical damage, and as a minimum shall
purchase a blanket fidelity bond covering all employees in an amount equal to cash
advances from the Grantee. All policies providing insurance coverage required to be
maintained by Subrecipient hereunder shall list Grantee, The Augusta-Richmond
County Commission and its Mayor, and their officers, agents, members, employees
7
"
and successors as named insureds, as their interests may appear, and shall be issued by
an insurance carrier or carriers licensed to do business in the State of Georgia and
reasonably acceptable to Grantee. All such policies shall provide that no act or
omission of Grantee or its agents, servants, or employees shall in any way invalidate
any insurance coverage for the other named insureds. No insurance policy providing
any insurance coverage required to be provided by Subrecipient hereunder shall be
cancelable without at least 15 days advance written notice to Grantee. All insurance
policies required hereunder, or copies thereof, shall be provided to Grantee by
Subrecipient.
15. GRANTOR RECOGNITION
Sub recipient 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 COMPUANCE
Sub recipient is subject to the Georgia Open Meetings Law if it receives more than
33V3o/0 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.
8
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.
19. GENERAL TERMS AND CONDITIONS
A. REPORTS
The Sub recipient agrees to submit to Grantee program progress and fmancial
reports and any other reports that may be specified in Appendix D.
B. CLIENT DATA
Subrecipient agrees to maintain racial, ethnic, gender, head of household,
household income, and household size data showing the extent to which these
categories of persons have participated in, or benefited from the project, and to
submit this information to the Grantee within 30 days after December 31, 1998.
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;
ii. Records demonstrating that each activity undertaken meets one of
the National Objectives of the CDBG Program;
ill. Records required to determine the eligibility of activities;
IV. Financial records as required by 24 CFR Part 570.502, and O:MB
Circular A-133; and
v. 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
9
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 OMB Circular A-133. However, if an audit is not required,
the Subrecipient agrees to provide quarterly fmancial reports to the Grantee.
D. ACCESS TO RECORDS
The Sub recipient 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 Sub recipient 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 fmal expenditure report for the award.
F. PERMITS
The Subrecipient agrees to obtain all necessary pennits for intended
improvements or activities.
G. AFFlRMATIVE ACTION
The Sub recipient, if its program involves housing, agrees to affirmatively further
fair housing.
H. CONFUCT OF INTEREST
The Sub recipient hereby severally warrants that it will establish and adopt
safeguards to prohibit members, officers, and employees from using positions for
10
,
,
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 Sub recipient, 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.
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
hannless, 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 Sub recipient be entitled to any of the rights, privileges, or
II
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.
L. 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 defmed by such policy and as may
be procured with funds provided "herein.
20. OTHER PROVISIONS
A Equal Employment Opportunity
The following provisions (1) and (2) are applicable to all contracts and
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,
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,
ancestIy, 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.
12
(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, 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, 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 ffiJD 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 Contract or with any of the said
rules, regulations, or orders, this Contract may be canceled,
tenninated, or suspended in whole or in part and the Subrecipient
may be declared ineligible for further Government contracts or
federally assisted construction contracts in accordance with
procedures authorized in Executive Order 11246 of September 24,
1965, as amended, and such other sanctions may be imposed and
13
'.
.
,
remedies invoked as provided in Executive Order 11246 of
September 24, 1965, as amended, or as otherwise provided by law.
(7) The Sub recipient 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 Sub recipient 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,
14
\ . -.
handicap, disability, sex or other basis prohibited by applicable law:
a. Deny any facilities, services, fmancial aid, or other benefits provided
under the program or activity.
b. 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.
c. 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.
d. Restrict in any way access to, or the enjoyment of any advantage or
privilege enjoyed by others in connection with facilities, services, fmancial
aid or other benefits under the program or activity.
e. 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.
f. 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, W omen-
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 (510/0) owned and controlled by minority
group members or women. For the purpose of this defmition, "minority group
members" are Mrican-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.
15
"
D. SECTION 3 CLAUSE
The Subrecipient will conform with the rules and regulations set forth under Section
3 of the Housing and Urban Development Act of 1968, (12 USC 170 I u), as amended,
and the HUD regulations issued pursuant thereto at 24 CPR Part 135. This Act
requires that, to the greatest extent feasible, opportunities for training and employment
be given to lower income residents of the project area, and contracts for work in
connection with the project be awarded to business concerns which are located in, or
owned in substantial part by persons residing in the area of the project. In all
solicitations for bids the contractor must, before signing the contract, provide a
preliminary statement of the work force needs and plans for possible training and
employment of lower income persons. When a Subrecipient utilizes the bidding
procedure to let a bid, the invitation or solicitation for bids shall advise prospective
contractors of the requirements of Section 3 of the Housing and Urban Development
Act of 1968, as amended, and the clause shall be inserted as a component part of any
contract or subcontract.
If a Subrecipient solicits or requests an invitation for bids, every effort feasible will be
made to contact minority-owned and women-owned business enterprises for a response
to the solicitation or invitation for bidders.
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 vn 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.
16
F. Labor Standards
Except with respect to the rehabilitation of residential property designed for residential
use for less than eight households, the Sub recipient 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 journey workers. Under
the terms of the Davis-Bacon Act, as amended, the Sub recipient 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 Sub recipient shall comply with all regulations issued pursuant to these Acts
and with other applicable Federal laws and regulations pertaining to labor standards,
including the Copeland "Anti-Kickback" Act. Provided that if wage rates higher than
those required under the regulations are imposed by State or Local laws, nothing
hereunder is intended to relieve the Subrecipient of its obligation, if any, to require
payment of the higher rates.
G. Flood Disaster Protection
This Agreement is subject to the requirements of the Flood Disaster Protection Act of
1973 (pL93-234). Use of any assistance provided under this Agreement for acquisition
or construction in an area identified as having special flood hazards shall be subject to
the mandatory purchase of flood insurance with the requirements of Section 102(a) of
said Act.
H. Clean Air Act and Federal Water Pollution Control Act (Applicable to
Contracts and Subcontracts, which exceed $100,000).
The Subrecipient shall comply with and require each subcontractor to comply with all
applicable standards of the Clean Air Act of 1970 (42 USC 1857 et seq.), as amended,
the Clean Air Act of 1990, the Federal Water Pollution Control Act (33 USC 1251 et
seq.), as amended, and the regulations of the Environmental Protection Agency with
respect thereto, at 40 CFR Part 15, as amended from time to time.
17
I. Provisions of the Hatch Act
Neither the Sub recipient program nor the funds provided therefor, nor the personnel
employed in the administration of the program shall be in any way or to any extent
engaged in the conduct of political activities in contravention of Chapter 15 of Title
5, United States Code.
J. Lead-Based Paint
Any grants or loans made by the Subrecipient for the rehabilitation of residential
structures with assistance provided under this Agreement shall be made subject to the
provisions for the elimination oflead-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, treannent, and precautions that should be taken
when dealing with lead-based paint poisoning.
K. Special Assessments
Sub recipient 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).
18
L. Acquisition, Rehabilitation, and Demolition of Real Property and
Displacement of Persons and Businesses
Subrecipient will comply with the "Grantee's Community Development Block Grant
Program Plan for Minimizing the Displacement of Persons as a result of Community
Development Block Grant Funded Activities" and the Grantee's Community
Development Block Grant Program Residential Anti-displacement and Relocation
Assistance Plan." The Sub recipient will conduct any acquisition, rehabilitation, or
demolition, of real property, and any negotiations for acquisition, rehabilitation, or
demolition of real property in compliance with the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970, as amended, Section 104(d) of the Act,
and the implementing regulations at 49 CFR 24 and 24 CFR 570.606. Unless
specifically permitted in Appendix B or Appendix C, Subrecipient will not cause
either temporary or permanent involuntary displacement of persons or businesses. If
Subrecipient causes the involuntary temporary or permanent displacement of any
person or business as a result of Community Development Block Grant Activities, it
shall comply with the Grantee's "Plan to Assist Persons Actually Displaced by
Community Development Block Grant Activities," and Subrecipient shall provide all
notices, advisory assistance, relocation benefits, and replacement dwelling units as
required by the Uniform Relocation Assistance and Real Property Acquisition Policies
Act of 1970, as amended, Section 104(d) of the Act, and the implementing regulations
at 49 CFR 24 and 24 CFR 570.606. Subrecipient hereby agrees to defend, to pay,
and to indemnify the Grantee from and against any and all claims and liabilities for
relocation benefits or the provision of replacement dwelling units required by federal
statutes and regulations in connection with activities undertaken pursuant to this
Agreement.
M. Lobbying Restrictions
Sub recipient 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;
19
If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or employee of
a Member of Congress, in connection with this Federal Contract, grant, loan, or
cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure
Form to Report Lobbying" in accordance with its instructions; and
It will require that the language of this paragraph M be included in the award
documents for all subawards at all tiers (including subcontractors, subgrants, and
contracts under grants, loans, and cooperative agreements) and that all subrecipients
shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by Section 1352, Title
31, United States Code. Any person who fails to file the required certification shall be
subject to a civil penalty of not less than $10,000 and not more than $100,000 for each
such failure.
N. Provisions Required by Law Deemed Inserted
Each and every provision of law and clause required by law to be inserted in this
Contract shall be deemed to be inserted herein and the contract shall be read and
enforced as though it were included herein, and if through mistake or otherwise any
such provision is not inserted, or is not correctly inserted, then upon the application
of either party the contract shall forthwith be physically amended to make such
insertion or correction.
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 CPR, 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.
20
.
21. MISCEllANEOUS
A This Agreement shall be governed by and construed according to the laws
of the State of Georgia.
B. Time shall be of the essence to this Contract, except where it is herein
specifically provided to the contrary. Subrecipient shall provide the scope
of services in accordance with the schedules 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
naJ. Bonner
Clerk of Commission
TIliI iocuNrd IPIlrMd u
)lFt~"f
ATTEST:
SEAL
GOODWILL INDUSTRIES OF MIDDLE
GEORGIA~ INC.
(Subrecipient)
By: \l~ K. ~00r-
James K. sti~
As its President
~ ~ k". \0~" lp,
(plain Witness) )
21
~
APPENDIX A
Project Area
The project location is 3120 Peach Orchard Road, Augusta, Georgia 30906.
APPENDIX B
Goals, Objectives, and Tasks
Goodwill Industries of Middle Georgia, Inc. provides job placement services via itsJob
Connection Program to persons residing in Augusta-Richmond County who are
unemployed and experiencing barriers to employment. Community Development
Block Grant (CDBG) funds will be used to partially fund the position of Vocational
Services Resource Broker who will provide direct services to unemployed low to
moderate income persons. Direct services to include job readiness development, job
search skills and job placement skills. Other services available include global
assessment, resource brokering, career development planning, dress for success
seminars, employer expectations, seminars, resume development, direct job placement,
and follow-up with supports. The broker will be supervised by theJob Connection
Coordinator.
Funding will allow Goodwill Industries to hire a broker and expand itsJob Connection
services. This additional broker will provide services to at least 300 unemployed low
to moderate income Augusta-Richmond County Citizens of which at least 100 of them
will be provided job placement during the project period. This averages to 25 job
placements per quarter. The job placement services will start on January 1, 1998 and
end December 31, 1998. 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. Provide services as stated in this Contract.
2. Read all regulations attached herein to this Contract.
3. Maintain socio-economic data on clients and insure that 51 % of persons served
are low and moderate income persons.
4. Request reimbursement of expenditures of items allowed per budget.
5. Carry out activity in a timely manner.
22
i'
Responsibilities of Grantee:
1. Provide Technical Assistance to assist subrecipient in complying with applicable laws
and regulations.
2. Monitor subrecipient to determine if the activity is being carried out as described in
this Contract. (Monitoring shall consist of site visits and review of records).
APPENDIX C
Budget
Salary
Fringe Benefits
Total
$8,160.00
1,440.00
$9,600.00
APPENDIX D
Reporting Requirements
The Subrecipient shall submit to the Grantee the following reports for the term of this
agreement:
1. Quarterly Program Progress and Fmancial Reports or a Detailed List of Cash
Receipts and Cash Disbursements.
2. Annual Program Progress Report and Financial Reports or a Detailed List of
Cash Receipts and Cash Disbursements or Audit Report, if applicable.
APPENDIX E
Reports' Schedule
1. Quarterly Program Progress & Financial Reports Due:
1st April 15, 1998
2nd July 15, 1998
3rd October 15, 1998
4th January 15, 1999
For Reporting Period
January 1, 1998 - March 30, 1998
April I, 1998 - June 30, 1998
July 1, 1998 - September 30, 1998
October 1, 1998 - December 31, 1998
2. Annual Program Progress Due:
January 30, 1999 For January 1, 1998 through December 31, 1998
3. Audit Report due within 30 days after audit completion.
23
t.. \i
1. 1 .
CONTRACT BETWEEN AUGUSTA, GEORGIA
AND
GOLDEN HARVEST FOOD BANK, INC.
FOR
THE 1998 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
THIS AGREEMENT, made and entered into on this ---1.a day of January, 1998,
by and between AUGUSTA, GEORGIA, by and through the Augusta-Richmond
County Commission, as the Implementor of the Community Development Block
Grant Program (hereinafter referred to as "Grantee"), and GOLDEN HARVEST
FOOD BANK, INC., (hereinafter referred to as the "Subrecipient").
WHEREAS, the Grantee has received a Community Development Block Grant from
the United States Department of Housing and Urban Development (HUD) under
Title I of the Housing and Community Development Act of 1974, as amended (42
USC 5301 et seq.) (the Act); and
WHEREAS, pursuant to such Grant, the Grantee is undertaking certain programs and
services necessary for the planning, implementation and execution of such a
Community Development Block Grant Program; and
WHEREAS, the Grantee desires to engage the Subrecipient to render certain services,
programs, or assistance in connection with such undertakings of the Community
Development Block Grant Program, situated in the Project Area described in
Appendix A.
NOW, THEREFORE, the parties hereto do mutually agree as follows:
1. SCOPE OF SERVICE
The Subrecipient shall perform all the necessary services provided under this
Contract in accordance with and respecting the following project:
"Brown Bag Program"
The purpose of the Brown Bag Program is to provide food to the neediest of the
needy seniors citizens in Augusta-Richmond County.
The Subrecipient shall do, perform, and carry out, in a satisfactory manner, as
determined by the Grantee, the goals, objectives, and tasks set forth in Appendix B,
and incorporated herein by reference.
2. TERMS; TERMINATION
a. The services of the Sub recipient are to commence on January I ~ 1998,
and shall be undertaken and completed in such sequence as to assure
their expeditious completion in the light of the purposes of this Contract
unless so otheIWise specified in the Contract Section 19 (General Terms
and Conditions). This Agreement shall remain in effect until December
31, 1998, or until this Agreement is otherwise terminated. However, the
obligations of Subrecipient under Section 9 (program Income) shall
continue for any additional time period during which Subrecipient may
receive or remain in control of program income. An Assignment of
Proceeds and Grant of Lien may not be tenninated without prior written
consent of Grantee. Subrecipient shall comply with the requirements of
24 CFR 570.503(b)(8) and/or any Assignment of Proceeds and Grant of
Lien, at the Grantee's sole discretion.
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 noticegto 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
2
written notification to the Sub recipient under any of the following
conditions:
1) Notification by HUD to the Grantee that said project is ineligible
because of project location, services provided, or any other reason
cited by HUD;
2) Notification by HUD to the Grantee that said project is deficient
and that continued support of the project is not providing an
adequate level of services to low income and minority people; or
3) Written notification from HUD to the Grantee that the program
funds made available to the Grantee are being curtailed,
withdrawn, or otherwise restricted.
e. The Grantee also reserves the right to terminate this Contract or to
reduce the contract compensation amount if the Subrecipient:
(1) Fails to flle 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 tennination in accordance with
24 CFR 85.43 or OMB Circular A-II0. [Attachment #1(b)];
(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
\ . i'
3. KEY PERSONNEL
a. Subrecipient shall assign to this Contract the following key personnel:
1. Michael]. Firmin, Executive Director
ll. Barry Forde, Business Manager
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 ofHND 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.
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
4
work within said ten-day period shall constitute a breach of this contract for which the
Subrecipient may be held in default.
6. SEVERABIUTY
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 $ 14,500 for full performance
of the services specified under this Agreement. Any cost above this amount shall be
the sole responsibility of the Subrecipient. Subrecipient shall submit monthly requests
for payments to the Housing and Neighborhood Development (HND) Department.
Compensation shall be allowed on a reimbursement basis, only after expenditures have
been incurred by the Subrecipient and proper supporting documentation has been
submitted in conformity with the approved and executed budget document which is
attached to this Contract as Appendix C, incorporated herein by reference. In every
case, payment will be made subject to receipt of a reimbursement request for payment
from the Subrecipient specifying and certifying that such expenses have been incurred
and expended in conformance with this Contract and that the Sub recipient is entitled
to receive the amount requested under the terms of this Contract.
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 1 yh
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),
5
.1
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. In addition, the Sub recipient 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 as defined in the program regulations. The Subrecipient agrees
to maintain documentation that demonstrates that the activities carried out with funds
meets the aforementioned national objective.
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, OMB Circular A-87, "Principles for
Determining Costs Applicable to Grants and Contracts with State, Local, and
Federally Recognized Indian Tribal Governments;" OMB 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, OMB Circular A-122, "Cost Principles
for Non-Profit Organizations," or O&ffi Circular A-21, "Cost Principles for
Educational Institutions," as applicable; OMB Circular A-133, "Audits of Institutions
of Higher Education and Other Non-Profit Institutions," and Attachments A, B, C,
F, H, N, and 0 to OMB Circular A-I10, as specified at 24 CPR 570.502(b).
Subrecipient is prohibited from using funds provided herein for political activities,
sectarian or religious activities, or lobbying activities.
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9. PROGRAM INCOME
Program Income (defmed at 24 CFR 570.500 and 570.504) derived from the project
is anticipated to be approximately $0.
10. REVERSION OF ASSETS
Any real property under the Subrecipient's control acquired or improved in whole or
in part with 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
g570.208 until five years after expiration of this Contract, or for such longer period of
time as determined to be appropriate by the Grantee.
11. INDIRECT COSTS
Indirect costs will only be paid if Sub recipient has a indirect cost allocation plan
approved by the Department of Housing and Urban Development prior to the
execution of this Contract.
12. TRAVEL
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, fmal or otherwise, shall operate to
release the Subrecipient from any obligations under this Contract.
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13. INSURANCE & BONDING
Subrecipient shall carry sufficient insurance coverage to protect contract assets from
loss due to theft, fraud and/or undue physical damage, and as a minimum shall
purchase a blanket fidelity bond covering all employees in an amount equal to cash
advances from the Grantee. All policies providing insurance coverage required to be
maintained by Subrecipient hereunder shall list Grantee, The Augusta-Richmond
County Commission and its Mayor, and their officers, agents, members, employees
and successors as named insureds, as their interests may appear, and shall be issued by
an insurance carrier or carriers licensed to do business in the State of Georgia and
reasonably acceptable to Grantee. All such policies shall provide that no act or
omission of Grantee or its agents, servants, or employees shall in any way invalidate
any insurance coverage for the other named insureds. No insurance policy providing
any insurance coverage required to be provided by Sub recipient 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
Sub recipient will include a reference to the support provided herein all publications
made possible with funds made available under this contract.
16. OPEN MEETINGS LAW COMPUANCE
Subrecipient is subject to the Georgia Open Meetings Law if it receives more than
331/30/0 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.
8
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.
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.
19. GENERAL TERMS AND CONDITIONS
A. REPORTS
The Subrecipient agrees to submit to Grantee program progress and [mancial
reports and any other reports that may be specified in Appendix ?
B. CLIENT DATA
Subrecipient agrees to maintain racial, ethnic, gender, head of household,
household income, and household size data showing the extent to which these
categories of persons have participated in, or benefitted from the project, and
to submit this information to the Grantee within 30 days after December 31,
1998.
C. RECORDS TO BE MAINTAINED
Sub recipient 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;
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11. Records demonstrating that each activity undertaken meets one of
the National Objectives of the CDBG Program;
m. Records required to determine the eligibility of activities;
IV. Financial records as required by 24 CPR Part 570.502, and OMB
Circular A-133; and
v. 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 $300,000
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 quarterly financial reports to the Grantee.
If Subrecipient do not prepare fmancial 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 the project.
E. RETENTION
The Subrecipient hereby severally warrants that all project records, books,
papers, and documents will be retained for a period of not less than four (4)
years after the termination of all activities funded under this contract, or after
the resolution of all Federal audit findings, whichever occurs later and grants the
Grantee the option of retention of the project records, books, papers, and
documents. The retention period shall start from the date of submission of the
Grantee's annual performance report, as prescribed in 24 CPR 91.520, in which
the specific activity is reported on for the fmal time rather than from the date
of submission of the fmal expenditure report for the award.
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F. PERMITS
The Subrecipient agrees to obtain all necessary permits for intended
improvements or activities.
G. AFflRMATIVEACTION
The Subrecipient, if its program involves housing, agrees to affirmatively further
fair housing.
H. CONFLICT OF INTEREST
The Sub recipient 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 Sub recipient
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
11
requirements of Section 504 of the Rehabilitation Act of 1973 (29 USC 794)
(and the implementing regulations at 24 CPR 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.
L. 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 defmed by such policy and as may
be procured with funds provided herein.
20. OTHER PROVISIONS
A. Equal Employment Opportunity
The following provisions (1) and (2) are applicable to all contracts and
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,
12
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 Sub recipient
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, 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
Sub recipient'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,
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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 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 Sub recipient
may be declared ineligible for further Government contracts or
federally assisted construction contracts in accordance with
procedures authorized in Executive Order 11246 of September 24,
1965, as amended, and such other sanctions may be imposed and
remedies invoked as provided in Executive Order 11246 of
September 24, 1965, as amended, 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 ofHUD (24
14
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:
a. Deny any facilities, services, fmancial aid, or other benefits
provided under the program or activity.
b. Provide any facilities, services, fmancial aid, or other benefits
which are different, or are provided in a different form from that
provided to others under the program or activity.
c. 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.
d. Restrict in any way access to, or the enjoyment of any advantage
or privilege enjoyed by others in connection with facilities, services,
fmancial aid or other benefits under the program or activity.
e. 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.
15
f. 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 (510/0) owned and controlled by minority
group members or women. For the purpose of this defInition, "minority group
members" are African-American, Spanish-speaking, Spanish surnamed or written
representations by Subrecipients regarding their status as minority and female business
enterprises in lieu of an independent investigation.
D. SECTION 3 CLAUSE
The Subrecipient will conform with the rules and regulations set forth under Section
3 of the Housing and Urban Development Act of 1968, (12 USC 1701u), as amended,
and the HUD regulations issued pursuant thereto at 24 CFR Part 135. This Act
requires that, to the greatest extent feasible, opportunities for training and employment
be given to lower income residents of the project area, and contracts for work in
connection with the project be awarded to business concerns which are located in, or
owned in substantial part by persons residing in the area of the project. In all
solicitations for bids the contractor must, before signing the contract, provide a
preliminary statement of the work force needs and plans for possible training and
employment of lower income persons. When a Subrecipient utilizes the bidding
procedure to let a bid, the invitation or solicitation for bids shall advise prospective
contractors of the requirements of Section 3 of the Housing and Urban Development
Act of 1968, as amended, and the clause shall be inserted as a component part of any
contract or subcontract.
If a Subrecipient solicits or requests an invitation for bids, every effort feasible will be
made to contact minority-owned and women-owned business enterprises for a response
to the solicitation or invitation for bidders.
16
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 affmnatively further Fair Housing.
F. Labor Standards
Except with respect to the rehabilitation of residential property designed for residential
use for less than eight households, the Sub recipient and all subcontractors engaged in
contracts in excess of $2,000 for the construction, completion, rehabilitation, or repair
of any building or work fmanced 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 use 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.
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G. Flood Disaster Protection
This Agreement is subject to the requirements of the Flood Disaster Protection Act of
1973 (pL93-234). Use of any assistance provided under this Agreement for acquisition
or construction in an area identified as having special flood hazards shall be subject to
the mandatory purchase of flood insurance with the requirements of Section 102(a) of
said Act.
H. Clean Air Act and Federal Water Pollution Control Act (Applicable to
Contracts and Subcontracts which exceed $100,000).
The Subrecipient shall comply with and require each subcontractor to comply with all
applicable standards of the Clean Air Act of 1970 (42 USC 1857 et seq.), as amended,
the Clean Air Act of 1990, the Federal Water Pollution Control Act (33 USC 1251 et
seq.), as amended, and the regulations of the Environmental Protection Agency with
respect thereto, at 40 CFR Part 15, as amended from time to time.
I. Provisions of the Hatch Act
Neither the Subrecipient program nor the funds provided therefor, nor the personnel
employed in the administration of the program shall be in any way or to any extent
engaged in the conduct of political activities in contravention of Chapter 15 of Title
5, United States Code.
J. Lead-Based Paint
Any grants or loans made by the Sub recipient for the rehabilitation of residential
snuctures with assistance provided under this Agreement shall be made subject to the
provisions for the elimination oflead-based paint hazards under 24 CFR Part 35. The
Subrecipient, at its sole cost, will comply with the requirements of 24 CPR 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.
18
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 BUD that it lacks sufficient funds received under Section 106 of the
Act to comply with the requirements of subparagraph (1).
L. Acquisition, Rehabilitation, and Demolition of Real Property and
Displacement of Persons and Businesses
Subrecipient will comply with the "Grantee's Community Development Block Grant
Program Plan for Minimizing the Displacement of Persons as a result of Community
Development Block Grant Funded Activities" and the Grantee's Community
Development Block Grant Program Residential Anti-displacement and Relocation
Assistance Plan." The Subrecipient will conduct any acquisition, rehabilitation, or
demolition, of real property, and any negotiations for acquisition, rehabilitation, or
demolition of real property in compliance with the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970, as amended, Section 104(d) of the Act,
and the implementing regulations at 49 CPR 24 and 24 CPR 570.606. Unless
specifically permitted in Appendix B or Appendix C, Subrecipient will not cause
either temporary or permanent involuntary displacement of persons or businesses. If
Subrecipient causes the involuntary temporary or permanent displacement of any
person or business as a result of Community Development Block Grant Activities, it
shall comply with the Grantee's "Plan to Assist Persons Actually Displaced by
Community Development Block Grant Activities, " and Subrecipient shall provide all
notices, advisory assistance, relocation benefits, and replacement dwelling units as
required by the Uniform Relocation Assistance and Real Property Acquisition Policies
Act of 1970, as amended, Section 104(d) of the Act, and the implementing regulations
at 49 CPR 24 and 24 CPR 570.606. Sub recipient hereby agrees to defend, to pay,
and to indemnify the Grantee from and against any and all claims and liabilities for
19
relocation benefits or the provision of replacement dwelling units required by federal
statutes and regulations in connection with activities undertaken pursuant to this
Agreement.
M. Lobbying Restrictions
Subrecipient certifies that, to the best of its knowledge and belief:
No Federal appropriated funds have been paid or will be paid, by or on behalf of it,
to any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee
of a Member of Congress in connection with the awarding of any Federal contract, the
making of any Federal Grant, the making of any Federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative agreement;
If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an office: 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.
20
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. Subrecipient shall provide the scope
of services in accordance with the schedules set forth in Appendix B.
21
IN WITNESS WHEREOF, the parties have set their hands and seals as of the date
first written above.
ATTEST:
SEAL
~Jll~
Clerk of Commission
ATTEST:
SEAL
~o.L
MichaelJ. Firmin
As its Executive Director
~
(plain Witness)
a nyers
As its Mayor ~
TlllI documII'Il approw.d as
~f_'1oto!-~~
[Jate
GOLDEN HARVEST FOOD BANK~ INC.
(Subrecipient)
By: P~/
o
William T. Hussey
As its President of the Board
22
APPENDIX A
Project Area
Golden Harvest Food Bank is located at 3310 Commerce Drive, Augusta, Georgia
30906. Service area shall be Augusta-Richmond County.
APPENDIX B
Goals, Objectives, and Tasks
Golden Harvest Food Bank, Inc. is a nonprofit agency that specialize in providing
food to needy low and moderate income individuals/families and other nonprofit
agencies. The service area includes Augusta-Richmond County and other counties
within Georgia and South Carolina. The mission of the agency is to fight hunger.
The agency solicits, collects, warehouse and distribute donated food products. Fifty-
three of the services are provided for residents of Augusta-Richmond County. The
Masters Table Soup Kitchen created by the agency serves hundreds of homeless
persons on a daily basis. The "Brown Bag Program" addresses the needs of the most
neediest seniors. Each month, needy seniors are provided a 1 7 pound bag of groceries
free of charge. The goal of the Subrecipient is to provide 528 seniors in Augusta-
Richmond County free groceries on a monthly basis during 1998.
CDBG funds will be provided to pay for maintenance and delivery charge fees.
Accurate records shall be maintained for all expenditures for maintenance and delivery
services. The Subrecipient shall insure that services are provided to low and moderate
income persons and the persons shall be residents of Augusta-Richmond County.
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. Please specify the total
number of grocery bags distributed monthly and the total number of seniors served.
Responsibilities of Subrecipient:
1. Provide services as stated in this Contract.
2. Read all regulations attached herein to this Contract.
3. Maintain socio-economic data on clients and insure that 51 % of persons served
are low and moderate income persons.
4. Request reimbursement of expenditures for items allow per budget.
5. Carry out the activity in a timely manner.
Responsibilities of Grantee:
1. Provide Technical Assistance to assist Subrecipient in complying with applicable
laws and regulations.
2. Monitor Subrecipient to determine if the activity is being carried out as
described in this contract. (Monitoring shall consist of site visits and review of
records.)
APPENDIX C
Budget
Maintenance & Delivery Expenses
$14,500.00
APPENDIX E
Reporting Requirements
The Subrecipient shall submit to the Grantee the following reports for the term of this
agreement.
1. Quarterly Program Progress and Financial Reports or Detailed List of
Cash Receipts and Cash Disbursements.
2. Annual Program Progress and Financial Reports or Detailed List of Cash
Receipts and Cash Disbursements.
3. If applicable, Audit Report. If Subrecipient is not required to have an
audit, an annual Financial Report shall be submitted to Grantee.
APPENDIX E
Reports' Schedule
1. Quarterly Program Progress Reports Due:
For Reporting Period:
1st April 15, 1998 January 1, 1998 - March 30, 1998
2nd July 15,1998 April 1, 1998 -June 30,1998
3rd October 15, 1998 July 1, 1998 - September 30,1998
4th January 15, 1999 October 1, 1998 - December 31, 1998
2.
Annual Report
January 30, 1999
For January 1,1998 through December 31,1998
ATTACHMENT #1
Regulations, Circulars & Local Procurement Policy
a. Community Development Block Grant Entidement Program 24 CF 570
b. 24 CPR 85
"Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments," specified at 24 CFR
570.502(a).
c. OMB Circular A-122
"Cost Principles for Non-Profit Organizations"
d. OMB Circular A-II0; Attachments A, B, C, F, H, N, and O.
"Grants and Agreements with Institutions of Higher Education,
Hospitals, & Other Non-Profit Organizations"
e. OMB Circular A-133, "Audits of Institutions of Higher Education and
Other Non-Profit Institutions"
f. Augusta-Richmond County Procurement Policy
:.
ATTACHMENT #2
Forms
a. CDBG Income Verification
b. Reimbursement Request
c. Reports: Quarterly Program Progress
d. Reports: Annual Program Progress
e. Travel Log
.',,-
~
, -
1
CONTRACT BETWEEN AUGUSTA, GEORGIA .
AND
Communities in Schools of Augusta-Richmond County, Inc.
FOR
THE 1998 COMMUNI1Y DEVELOPMENT BLOCK GRANT PROGRAM
THIS AGREEMENT, made and entered into on this 8th day of May , 1998,
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 COMMUNITIES IN'
SCHOOLS OF AUGUSTA-RICHMOND COUNTY, INC., (hereinafter referred
to as the "Subrecipient").
WHEREAS, the Grantee has received a Community Development Block Grant from
the United States Department of Housing and Urban Development (BUD) 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 Sub recipient shall perform all the necessary services provided under this Contract
in accordance with and respecting the following project:
"Communities in Schools (CIS) Teen Health Corps & Rape Crisis Prevention"
CIS is a non-profit agency that works in collaboration with the Richmond County
public school system in dealing with "at risk" low and moderate income youths to assist
~
assist them in completing their high school education. The Subrecipient will sponsor
the Teen Health Corp Program and the Rape Crisis Prevention Program at Murphy
Middle School and the Richmond County Alternative School.
The Subrecipient shall do, perform, and carry out, in a satisfactory manner, as
determined by the Grantee, the goals, objectives, and tasks set forth in Appendix B,
and incorporated herein by reference.
2. TERM; TERMINATION
a. The services of the Subrecipient are to commence on May 8/ 1998, and
shall be undertaken and completed in such sequence as to assure their
expeditious completion in the light of the purposes of this Contract
unless so otherwise specified in the Contract Section 19 (General Terms
and Conditions). This Agreement shall remain in effect until May 8,
1999, or until this Agreement is otherwise terminated.
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.
I
I
I
il
i
,J
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 under any of the following
conditions:
2
1) Notification by HUD to the Grantee that said project is ineligible
because of project location, services provided, or any other reason
cited by HUD;
2) Notification by HUD to the Grantee that said project is deficient
and that continued support of the project is not providing an
adequate level of services to low income and minority people; or
3) Written notification from HUD to the Grantee that the program
funds made available to the Grantee are being curtailed,
withdrawn, or otherwise restricted.
e. The Grantee also reserves the right to terminate this Contract or to
reduce the contract compensation amount if the Subrecipient:
(1)
Fails to flle 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 OMB Circular A-I 10). [Attachment # 1(b & e)];
f
r
(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 ilOtice from the Grantee of
substandard performance under the terms of this Agreement.
3
,I
3. KEY PERSONNEL
a. Subrecipient shall assign to this Contract the following key personnel:
1. Josalyn S. Gregory, Executive Director
11. Kevin Mitchel, Project Director
m. Ann Henry, Executive Director - Rape Crisis Specialist
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 ofHND 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.
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 thirty
(30) working days from date of issuance of notification to correct the deficiencies and
re-submit acceptable work within said thirty-day period.. Failure to submit acceptable
4
work within said ten-day period shall constitute a breach of this contract for which the
Sub recipient may be held in default.
6. SEVERABIUTY
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. C.OMPENSATION
The Subrecipient shall be paid a total consideration of $ 33~700 for full performance
of the services specified under this Agreement. Any cost above this amount shall be
the sole responsibility of the Subrecipient. Sub recipient shall submit monthly requests
for payments to the Housing and Neighborhood Development (HND) Department.
Compensation shall be allowed on a reimbursement and/ or invoice basis, only after
expenditures have been incurred by the Subrecipient and proper supporting
documentation has been submitted in conformity with the approved and executed
budget document which is attached to this Contract as Appendix C, incorporated
herein by reference. 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.
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 I yh
day of each calendar month for work performed during the preceding calendar month.
The Subrecipient shall no~ 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.
5
. '
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 CPR 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. 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 CPR 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 defmed in the program regulations. The
Subrecipient agrees to maintain documentation that demonstrates that the activities
carried out with funds meets one of the aforementioned national objectives.
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, OMB Circular A-87, "Principles for
Determining Costs Applicable to Grants and Contracts with State, Local, and
Federally Recognized Indian Tribal Governments;" OMB 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, OMB Circular A-122, "Cost Principles
for Non-Profit Organizations," or OMB Circular A-21, "Cost Principles for
Educational Institutions," as applicable; OMB Circular A-133, "Audits of Institutions
of Higher Education and Other Non-Profit Institutions," and Attachments A, B, C,
F, H, N, and 0 to OMB Circular A-II0, as specified at 24 CFR 570.502(b).
6
.'
Subrecipient is prohibited from using funds provided herein for political activities,
sectarian or religious activities, or lobbying activities.
9. PROGRAM INCOME
Program Income (defmed at 24 CPR 570.500 and 570.504) derived from the project
is anticipated to be approximately $0.
10. REVERSION OF ASSETS
Any real property under the Subrecipient's control acquired or improved in whole or
in part with 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. INDIRECT COSTS
Indirect costs will only be paid if Sub recipient has a indirect cost allocation plan
approved by the Department of Housing and Urban Development prior to the
execution of this Contract.
12. TRAVEL
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 CPR Part 301).
13. INDEMNIFlCATION
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.
7
13. INSURANCE & BONDING
Subrecipient shall carry sufficient insurance coverage to protect contract assets from
loss due to theft, fraud and/or undue physical damage, and as a minimum shall
purchase a blanket fidelity bond covering all employees in an amount equal to cash
advances from the Grantee. All policies providing insurance coverage required to be
maintained by Subrecipient hereunder shall list Grantee, The Augusta-Richmond
County Commission and its Mayor, and their officers, agents, members, employees
and successors as named insureds, as their interests may appear, and shall be issued by
an insurance carrier or carriers licensed to do business in the State of Georgia and
reasonably acceptable to Grantee. All such policies shall provide that no act or
omission of Grantee or its agents, servants, or employees shall in any way invalidate
any insurance coverage for the other named insureds. No insurance policy providing
any insurance coverage required to be provided by Subrecipient hereunder shall be
cancelable without at least 15 days advance written notice to Grantee. All insurance
policies required hereunder, or copies thereof, shall be provided to Grantee by
Subrecipient.
15. GRANTOR RECOGNITION
Subrecipient shall insure recognition of the role of the grantor agency in providing
services through this contract. All activities, facilities and items utilized pursuant to this
contract shall be prominently labeled as to funding source. In addition, the
Sub recipient 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
33V3o/0 of its funds from taxpayer sources. Accordingly, the Sub recipient 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.
8
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.
18. ENTIRE CONTRACT; AMENDMENT
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.
19. GENERAL TERMS AND CONDITIONS
A. REPORTS
The Subrecipient agrees to submit to Grantee program progress and fmancial
reports and any other reports that may be specified in Appendix D.
B. CLIENT DATA
Subrecipient agrees to maintain racial, ethnic, gender, head of household,
household income, and household size data showing the extent to which these
categories of persons have participated in, or benefitted from the project, and
to submit this information to the Grantee within 30 days after December 31,
1998.
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:
9
1. Records providing a full description of each activity undertaken;
ll. Records demonstrating that each activity undertaken meets one of
the National Objectives of the CDBG Program;
lli. Records required to determine the eligibility of activities;
IV. Financial records as required by 24 CPR Part 570.502, and OMB
Circular A-133; and
v. Other records necessary to document compliance with Subpart K
of24 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 $300,000
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 Sub recipient agrees to provide quarterly fmancial reports to the Grantee.
If Sub recipient do not prepare fmancial 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 the project.
E. RETENTION
The Subrecipient hereby severally warrants that all project records, books,
papers, and documents will be retained for a period of not less than four (4)
years after the termination of all activities funded under this contract, or after
the resolution of all Federal audit findings, whichever occurs later and grants the
Grantee the option of retention of the project records, books, papers, and
documents. The retention period shall start from the date of submission of the
Grantee's annual performance report, as prescribed in 24 CFR 91.520, in which
the specific activity is reported on for the fmal time rather than from the date
of submission of the fmal expenditure report for the award.
10
F. PERMITS
The Subrecipient agrees to obtain all necessary permits for intended
improvements or activities.
G. AFBRMATIVEACTION
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
Sub recipient 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
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 bperations, it will comply with all
II
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.
L. PROCUREMENT
The Subrecipient shall comply with Augusta-Richmond County's current policy
concerning the purchase of equipment and shall maintain an inventory record
of all non-expendable personal property as defined by such policy and as may
be procured with funds provided herein.
20. OTHER PROVISIONS
A. Equal Employment Opportunity
The following provisions (1) and (2) are applicable to all contracts and
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,
12
.'
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 Sub recipient
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, 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, 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,
13
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 Contract or with any of the said
rules, regulations, or orders, this Contract may be canceled,
tenninated, or suspended in whole or in part and the Sub recipient
may be declared ineligible for further Government contracts or
federally assisted construction contracts in accordance with
procedures authorized in Executive Order 11246 of September 24,
1965, as amended, and such other sanctions may be imposed and
remedies invoked as provided in Executive Order 11246 of
September 24, 1965, as amended, 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 BUD may direct as a means of enforcing such provisions,
including sanctions for noncompliance; provided, however, that in
the event a Sub recipient becomes involved in, or is threatened
with, litigation with a subcontractor or vendor as a result of such
direction by HUD, the Sub recipient 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
14
CPR 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 C?mmunity 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:
a. Deny any facilities, services, fmancial aid, or other benefits
provided under the program or activity.
b. Provide any facilities, services, fmancial aid, or other benefits
which are different, or are provided in a different form from that
provided to others under the program or activity.
c. 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.
d. Restrict in any way access to, or the enjoyment of any advantage
or privilege enjoyed by others in connection with facilities, services,
fmancial aid or other benefits under the program or activity.
e. 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.
15
.'
f. 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 0/0) owned and controlled by minority
group members or women. For the purpose of this defInition, "minority group
members" are Mrican-American, Spanish-speaking, Spanish surnamed or written
representations by Sub recipients 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 1701u), as amended,
and the HUD regulations issued pursuant thereto at 24 CPR Part 135. This Act
requires that, to the greatest extent feasible, opportunities for training and employment
be given to lower income residents of the project area, and contracts for work in
connection with the project be awarded to business concerns which are located in, or
owned in substantial part by persons residing in the area of the project. In all
solicitations for bids the contractor must, before signing the contract, provide a
preliminary statement of the work force needs and plans for possible training and
employment of lower income persons. When a Subrecipient utilizes the bidding
procedure to let a bid, the invitation or solicitation for bids shall advise prospective
contractors of the requirements of Section 3 of the Housing and Urban Development
Act of 1968, as amended, and the clause shall be inserted as a component part of any
contract or subcontract.
If a Subrecipient solicits or requests an invitation for bids, every effort feasible will be
made to contact minority-owned and women-owned business enterprises for a response
to the solicitation or invitation for bidders.
16
E. Nondiscrimination in Federally-Assisted Programs
The Subrecipient will comply with Title VI of the Civil Rights Act of 1964 (PL 88-352,
42USC 2000d et seq.) and the Fair Housing Act (42 USC 3601-20). In accordance
with Grantee Policy and Title VI of the Civil Rights Act of 1964 (pL 88-352), in the
sale, lease or other transfer of land acquired, leased or improved with assistance
provided under this Agreement, the deed or lease for such transfer shall contain a
covenant prohibiting discrimination upon the basis of race, color, creed, religion, sex,
handicap, disability, sexual orientation, ancestry, national origin, marital status, or
familial status, in the sale, lease, or rental, or in the use or occupancy of such land or
any improvements erected or to be erected thereon. The Subrecipient will comply
with Title VII of the Civil Rights Act of 1968 (pL 90-284) as amended and will
administer all programs and activities related to housing and community development
in a manner to affirmatively further Fair Housing.
F. Labor Standards
Except with respect to the rehabilitation of residential property designed for residential
use for less than eight households, the Subrecipient and all subcontractors engaged in
contracts in excess of $2,000 for the construction, completion, rehabilitation, or repair
of any building or work fmanced 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 Sub recipient of its obligation, if any, to require
payment of the higher rates.
17
G. Flood Disaster Protection
This Agreement is subject to the requirements of the Flood Disaster Protection Act of
1973 (pL93-234). Use of any assistance provided under this Agreement for acquisition
or construction in an area identified as having special flood hazards shall be subject to
the mandatory purchase of flood insurance with the requirements of Section 102(a) of
said Act.
H. Clean Air Act and Federal Water Pollution Control Act (Applicable to
Contracts and Subcontracts which exceed $100,000).
The Subrecipient shall comply with and require each subcontractor to comply with all
applicable standards of the Clean Air Act of 1970 (42 USC 1857 et seq.), as amended,
the Clean Air Act of 1990, the Federal Water Pollution Control Act (33 USC 1251 et
seq.), as amended, and the regulations of the Environmental Protection Agency with
respect thereto, at 40 CFR Part 15, as amended from time to time.
I. Provisions of the Hatch Act
Neither the Subrecipient program nor the funds provided therefor, nor the personnel
employed in the administration of the program shall be in any way or to any extent
engaged in the conduct of political activities in contravention of Chapter 15 of Title
5, United States Code.
J. Lead-Based Paint
Any grants or loans made by the Subrecipient for the rehabilitation of residential
structures with assistance provided under this Agreement shall be made subject to the
provisions for the elimination oflead-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
pa.int. 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.
18
K. Special Assessments
Sub recipient 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).
L. Acquisition, Rehabilitation, and Demolition of Real Property and
Displacement of Persons and Businesses
Sub recipient 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 1 04( d) of the Act,
and the implementing regulations at 49 CFR 24 and 24 CFR 570.606. Unless
specifically permitted in Appendix B or Appendix C, Subrecipient will not cause
either temporary or permanent involuntary displacement of persons or businesses. If
Sub recipient 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 104(d) of the Act, and the implementing regulations
at 49 CFR 24 and 24 CFR 570.606. Subrecipient hereby agrees to defend, to pay,
and to indemnify the Grantee from and against any and all claims and liabilities for
19
relocation benefits or the provision of replacement dwelling units required by federal
statutes and regulations in connection with activities undertaken pursuant to this
Agreement.
M. Lobbying Restrictions
Subrecipient certifies that, to the best of its knowledge and belief:
No Federal appropriated funds have been paid or will be paid, by or on behalf of it,
to any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee
of a Member of Congress in connection with the awarding of any Federal contract, the
making of any Federal Grant, the making of any Federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative agreement;
If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or employee of
a Member of Congress, in connection with this Federal Contract, grant, loan, or
cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure
Form to Report Lobbying" in accordance with its instructions; and
It will require that the language of this paragraph M be included in the award
documents for all subawards at all tiers (including subcontractors, subgrants, and
contracts under grants, loans, and cooperative agreements) and that all sub recipients
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.
20
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
V.S.C. 470) and the procedures set forth in CPR, Part 800, Advisory Council of
Historic preservation Procedures for Protection of Historic properties, insofar as they
apply to the performance of this contract.
In general, this requires concurrence from the State Historic Preservation Officer for
all rehabilitation and demolition of historic properties that are fIfty years old or older
or that are included on a Federal, State, or local historic property list.
21. MISCElLANEOUS
A. This Agreement shall be governed by and construed according to the
laws of the State of Georgia.
B. Time shall be of the essence to this Contract, except where it is herein
specifically provided to the contrary. Subrecipient shall provide the scope
of services in accordance with the schedules set forth in Appendix B.
21
IN WITNESS WHEREOF, the parties have set their hands and seals as of the date
first written above.
ArrEST:
SEAL
t/u1~~A/
aJ. Bonner
Clerk of Commission
ATTEST:
By:
?
COMMUNITIES IN SCHOOLS
OF AUGUSTA-RICHMOND COUNTY. INC.
ubrecipient)
SEAL
~~~;:;z:
F~ohnson
As its Board's Secretary/Treasurer
22
APPENDIX A
Project Area.
The programs will be undertaken at Murphey Middle School located at 2160 Milledgeville
Road, Augusta, Georgia and Richmond County Alternative Schools located in Augusta-
Richmond County.
APPENDIX B
Goals, Objectives, and Tasks
Communities in Schools objective is to work in collaboration with the Richmond County
Public School System to promote healthy behavior among teens through the Teen Health
Corp Program and the Rape Crisis Prevention Program. The targeted student are "at risk"
students at Murphey Middle School and the Richmond County Alternative Schools.
THE TEEN HEALTH CORPS PROGRAM
In collaboration with the Medical College of Georgia Children and Youth Unit, CIS will
design, plan, manage and operate a Teen Health Program to empower young low and
moderate income students ages 14-18. The purpose of the program is to integrate the use
of an academic health curriculum into the following adolescent health areas: HIV / AIDS,
teen pregnancy, sexual transmitted diseases, violence, alcohol/tobacco, drugs, nutrition and
physical activity. Students will engage in skill building activities and receive regular health
instruction. A pre-training and post-training assessment survey will be used to measure
teens' ideas and attitudes about health and educational issues. CIS will sponsor seminars
pertaining to health matters for teens.
CDBG funds will be used for the hiring of a full time program coordinator, equipment
rental, computer and travel expenses. The program coordinator will be responsible for
developing the implementation plan for Teen Health Corp (THC) to include orienting
community members, parents/guardians to the goals ofTHC, developing and maintaining
a community advisory council to support the THC, recruiting, training, orienting and
supervising adult volunteers, coordinating the THC retreat, brokering community resources
to meet the education and training needs of THC students, staff and volunteers, serving as
the local liaison between students, staff, volunteers and community members regarding the
plans and activities of THC, maintaining accurate records of student enrollment, attendance,
activities and progress, track hours spent by students, volunteers, advisory council members
and others on all THC-related activities, assisting students, staff and volunteers in creating
awareness within the community regarding THC goals and activities, and maintain, prepare
and provide required annual reports and periodic information updates on THC.
23
The Subrecipient shall advertise the Program Coordinator's posItIOn in the Augusta
Chronicle and at least one minority newspaper. The Subrecipient shall provide to Grantee
for review all applications for the Program Coordinator's position. Under no conditions shall
the Subrecipient fIll the vacancy without prior written consent of Grantee.
RAPE CRISIS PREVENTION PROGRAM
CIS goal is to ensure students are aware of what rape and sexual assault actually is, know
what date rape is, are aware of the rape crisis syndrome, discuss AIDS and victims of sexual
assault, learn about medical evaluations of sexually abused children, discuss the psychological
trauma of rape and introduce students to the Comprehensive Health Enhancement Support
System (CHESS), an interactive computer-based system to support people facing health
related crises or concerns.
Through collaboration with Rape Crisis and Sexual Assault Services, CIS will increase the
Rape Crisis sessions at the Richmond County Alternative School and Murphey Middle
School. Plans include staff training through the Rape Crisis Prevention Program, conducting
weekly seminars, students will attend conferences and training sessions, intervention when
necessary and community service learning.
CDBG funds will be utilized to pay salary for the coordinator, fees, student registrations and
fees to conferences, student travel expenses, computer software, supplies and materials. For
the Rape Crisis Program, the Coordinator duties shall consist of assisting Rape Crisis and
Sexual Assault Services personnel with Rape Crisis sessions at the Richmond County
Alternative school on matters concerning rape, AIDS, and CHESS (Comprehensive Health
Enhancement Support System), conduct seminars, train staff on subject matter.
For the two (2) programs, Subrecipient shall maintain records of all seminars sponsored,
subject matter, location, travel expenses, registrations fees, students attending
seminars/conferences/classes, dates, socio-economic data on all students participating in the
programs and time sheets for coordinator. Subrecipient must obtain prior written approval
from Grantee for all travel and purchases.
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. Please specify the total number of units of
services to be provided and units to be provided per month. For example, the number of
seminars to be held, subject matter, number of classes to be held, number of students
expected to attend, etc. HOD has requested that we qualify the level of services to be
provided so that measurable goals and objectives can be established.
Responsibilities of Sub recipient:
24
$33,700.00
)rovide services as stated in this Contract.
ead all regulations attached herein to this Contract.
rintain socio-economic data on clients and insure that 51 % of persons served
low and moderate income persons.
uest reimbursement of expenditures for items allower per budget.
Y out activity in a timely manner.
ies of Grantee:
~ Technical Assistance to assist Subrecipient in complying with applicable
d regulations.
. Subrecipient to determine if the activity is being carried out as
I in this Contract. (Monitoring shall consist of site visits and review of
25
APPENDIX C
Budget
THE TEEN HEALTH CORPS PROGRAM:
. Salary (Coordinator)
. Postage
. Equipment Rental (Lease of Copier)
. Computer
. Travel! Conferences (Students)
$15,300.00
500.00
4,000.00
2,200.00
2,200.00
$24,200.00
Subtotal
RAPE CRISIS PREVENTION PROGRAM:
. Supplies/Materials
(Books, pamphlets & handouts only)
. Computer software
. Postage
. Conferences/Meetings
(Student registration/conference fees)
2,000.00
500.00
500.00
3,000.00
3,500.00
Subtotal
$9,500.00
TOTAL BUDGETS
26
$33,700.00
(. .,. III
APPENDIX D
Reporting Requirements
The Subrecipient shall submit to the Grantee the following reports for the term of this
agreement.
1. Quarterly Program Progress, Financial Reports or l)etailed List of Cash
Receipts and Cash Disbursements.
2. Annual Program Progress, Financial Reports or Detailed List of Cash
Receipts and Cash Disbursements.
3. If applicable, Audit Report. If Subrecipient is not required to have an
audit, an annual Financial Report shall be submitted to Grantee.
APPENDIX E
Reports' Schedule
1. Quarterly Program & Progress Reports Due:
For Reporting Period
1st April 15, 1998 January 1, 1998 - March 30, 1998
2nd July 15, 1998 April 1, 1998 -June 30, 1998
3rd October 15, 1998 July 1, 1998 - September 30, 1998
4th January 15, 1999 October 1, 1998 - December 31, 1998
2. Annual Reports:
January 30, 1999
For Reporting Period
January 1, 1998 through December 31, 1998
3. Audit Report due within 30 days after completion of audit.
27
.. . ,;.
,
ATTACHMENT #1
Regulations, Circulars & Local Procurement Policy
a. Community Development Block Grant Entitlement Program 24 CF 570
b. 24 CFR 85
"Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments," specified at 24 CFR
570.502(a).
c. OMB Circular A-122
"Cost Principles for Non-Profit Organizations," or
d. OMB Circular A-21
"Cost Principles for Educational Institutions"
e. OMB Circular A-I10; Attachments A, B, C, F, H, N, and O.
"Grants and Agreements with Institutions of Higher Education,
Hospitals, & Other Non-Profit Organizations"
f. OMB Circular A-133, "Audits of Institutions of Higher Education and
Other Non-Profit Institutions"
g. Augusta-Richmond County Procurement Policy
~. l'!'t
ATTACHMENT #2
Forms
a. CDBG Income Verification
b. Inventory
c. Reimbursement Request
d. Reports: Quarterly Program Progress
e. Reports: Annual Program Progress
f. Time Sheet
g. Travel Log
~
.1
''',,/ "11 .,
CONTRACT BETWEEN AUGUSTA, GEORGIA
AND
CATHOLIC SOCIAL SERVICE
FOR
THE 1998 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
THIS AGREEMENT, made and entered into on this ~ day of January, 1998,
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 CA THOUC SOCIAL
SERVICE, (hereinafter referred to as the "Subrecipient").
WHEREAS, the Grantee has received a Community Development Block Grant from
the United States Department of Housing and Urban Development (HUD) under
Title I of the Housing and Community Development Act of 1974, as amended (42
USC 5301 et seq.) (the Act); and
WHEREAS, pursuant to such Grant, the Grantee is undertaking certain programs and
services necessary for the planning, implementation and execution of such a
Community Development Block Grant Program; and
WHEREAS, the Grantee desires to engage the Subrecipient to render certain services,
programs, or assistance in connection with such undertakings of the Community
Development Block Grant Program, situated in the Project Area described in
Appendix A.
NOW, THEREFORE, the parties hereto do mutually agree as follows:
1. SCOP~ OF SERVICE
The Sub recipient shall perform all the necessary services provided under this Contract
in accordance with and respecting the following project:
"Catholic Social Service - Families First"
Assistance is being provided to help prevent and end homelessness through payment
of first month's rent, rent to avoid eviction, deposits, mortgage payments and motel
rooms to individuals and families in eminent danger of becoming homeless. Also,
, L
supportive services will be provided to assist families in making transition from
homelessness to independent living.
The Subrecipient shall do, perform, and carry out, in a satisfactory manner, as
determined by the Grantee, the goals, objectives, and tasks set forth in Appendix B,
and incorporated herein by reference.
2. TERMS; TERMINATION
a. The services of the Subrecipient are to commence on January 1, 1998,
and shall be undertaken and completed in such sequence as to assure
their expeditious completion in the light of the purposes of this Contract
unless so otherwise specified in the Contract Section 19 (General Terms
and Conditions). This Agreement shall remain in effect until December
31, 1998, or until this Agreement is otherwise terminated.
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
ofa Notice of Termination signed by the Mayor, mailed or delivered to
Sub recipient, 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 Sub recipient under any of the following
conditions:
2
1) Notification by HOD to the Grantee that said project is ineligible
because of project location, services provided, or any other reason
cited by HOD;
2) Notification by HUD to the Grantee that said project is deficient
and that continued support of the project is not providing an
adequate level of services to low income and minority people; or
3) Written notification from HUD to the Grantee that the program
funds made available to the Grantee are being curtailed,
withdrawn, or otherwise restricted.
e. The Grantee also reserves the right to terminate this Contract or to
reduce the contract compensation amount if the Subrecipient:
(1) Fails to file required reports or to meet project progress or
completion deadlines;
(2) Materially fails to comply with any provision of this Agreement
(which may result in suspension or termination in accordance with
24 CFR 85.43 or OMB Circular A-I10. [Attachment #1 (b & e)];
(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
3. KEY PERSONNEL
a. Subrecipient shall assign to this Contract the following key personnel:
1. Richard E. Tuchscherer, Director
ii. Linda K. Michael, Secretary/Office manager
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 Sub recipient within 30 days
following on-site monitoring by the Grantee, contract termination procedures will be
initiated.
5. INSPECTION AND ACCEPTANCE
All tasks and reports shall be conducted and completed in accordance with recognized
and customarily accepted industry practices, and shall be considered complete when
services are approved as acceptable by the Grantee in writing. In the event of rejection
of any tasks, reports, etc., Sub recipient shall be notified in writing and shall have ten
(10) working days [rom date of issuance of notification to correct the deficiencies and
re-submit acceptable work within said ten-day period. Failure to submit acceptable
4
work within said ten-day period shall constitute a breach of this contract for which the
Subrecipient may be held in default.
6. SEVERABIUTY
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 $ 1 7 ~800 for full performance
of the services specified under this Agreement. Any cost above this amount shall be
the sole responsibility of the Subrecipient. Subrecipient shall submit monthly requests
for payments to the Housing and Neighborhood Development (HND) Department.
Compensation shall be allowed on a reimbursement basis, only after expenditures have
been incurred by the Subrecipient and proper supporting documentation has been
submitted in conformity with the approved and executed budget document which is
attached to this Contract as Appendix C, incorporated herein by reference. In every
case, payment will be made subject to receipt of a reimbursement request for payment
from the Sub recipient specifying and certifying that such expenses have been incurred
and expended in conformance with this Contract and that the Sub recipient is entitled
to receive the amount requested under the terms of this Contract.
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 1 yh
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 Sub recipient shall notify the Grantee in writing of all authorized personnel who
shall be empowered to fIle requests for payment pursuant to this Agreement.
5
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. In addition, the Sub recipient 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 as defined in the program regulations. The Subrecipient agrees
to maintain documentation that demonstrates that the activities carried out with funds
meets the aforementioned national objective.
Subrecipient agrees to comply with the uniform administrative requirements specified
at 24 CFR 570.502 and 24 CFR 570.610, including:
If the Sub recipient is a government agency, OMB Circular A-87, "Principles for
Determining Costs Applicable to Grants and Contracts with State, Local, and
Federally Recognized Indian Tribal Governments;" OMB 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 Sub recipient is not a government agency, OMB Circular A-122, "Cost Principles
for Non-Profit Organizations," or OMB Circular A-21, "Cost Principles for
Educational Institutions," as applicable; OMB Circular A-133, "Audits of Institutions
of Higher Education and Other Non-Profit Institutions," and Attachments A, B, C,
F, H, N, and 0 to OMB Circular A-II0, as specified at 24 CFR 570.502(b).
6
, I
Subrecipient is prohibited from using funds provided herein for political activities,
sectarian or religious activities, or lobbying activities.
9. PROGRAM INCOME
Program Income (defined at 24 CFR 570.500 and 570.504) derived from the project
is anticipated to be approximately $0.
10. REVERSION OF ASSETS
Any real property under the Subrecipient's control acquired or improved in whole or
in part with 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. INDIRECT COSTS
Indirect costs will only be paid if Sub recipient has an indirect cost allocation plan
approved by the Department of Housing and Urban Development prior to the
execution of this Contract.
12. TRAVEL
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
Sub recipient agrees to indemnify and hold harmless Grantee from any and all claims
in any way related to or arising out of Sub recipient'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.
7
'. I
14. INSURANCE & BONDING
Sub recipient 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 Sub recipient hereunder shall list Grantee, The Augusta-Richmond
County Commission and its Mayor, and their officers, agents, members, employees
and successors as named insureds, as their interests may appear, and shall be issued by
an insurance carrier or carriers licensed to do business in the State of Georgia and
reasonably acceptable to Grantee. All such policies shall provide that no act or
omission of Grantee or its agents, servants, or employees shall in any way invalidate
any insurance coverage for the other named insureds. No insurance policy providing
any insurance coverage required to be provided by Subrecipient hereunder shall be
cancelable without at least 15 days advance written notice to Grantee. All insurance
policies required hereunder, or copies thereof, shall be provided to Grantee by
Subrecipient.
15. GRANTOR RECOGNITION
Subrecipient shall insure recognition of the role of the grantor agency in providing
services through this contract. All activities, facilities and items utilized pursuant to this
contract shall be prominently labeled as to funding source. In addition, the
Subrecipient will include a reference to the support provided herein all publications
made possible with funds made available under this contract.
16. OPEN MEETINGS LAW COMPLIANCE
Subrecipient is subject to the Georgia Open Meetings Law if it receives more than
331130/0 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 Sub recipient's board meetings.
8
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.
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.
19. 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. CUENT DATA
Sub recipient agrees to maintain racial, ethnic, gender, head of household,
household income, and household size data showing the extent to which these
categories of persons have participated in, or benefited from the project, and to
submit this information to the Grantee within 30 days after December 31, 1998.
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;
ii. Records demonstrating that each activity undertaken meets one of
9
. ,
the National Objectives of the CDBG Program;
Ill. Records required to determine the eligibility of activities;
IV. Financial records as required by 24 CFR Part 570.502, and OMB
Circular A-133; and
v. Other records necessary to document compliance with Subpart K
of24 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 $300,000
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 quarterly fmancial reports to the Grantee.
If Subrecipient do not prepare fmancial 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 the project.
E. RETENTION
The Sub recipient 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 whichcthe specific activity is reported on for the [mal time rather than from the date
of submission of the fmal expenditure report for the award.
10
F. PERMITS
The Subrecipient agrees to obtain all necessary permits for intended
improvements or activities.
G. AFflRMATIVEACTION
The Subrecipient, if its program involves housing, agrees to affirmatively further
fair housing.
H. CONFUCT OF INTEREST
The Sub recipient 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 Sub recipient
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.
J. SECTI 0 N 504
The Sub recipient hereby certifies that, in the implementation of projects funded
by this Agreement and in all of its other operations, it will comply with all
11
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 Sub recipient 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 Sub recipient 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.
L. PROCUREMENT
The Sub recipient 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 defmed by such policy and as may
be procured with funds provided herein.
20. OTHER PROVISIONS
A. Equal Employment Opportunity
The following provisions (1) and (2) are applicable to all contracts and
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,
12
sex, age, handicap, disability, sexual orientation, ancestry, national
origin, marital status, familial status, or any other basis prohibited
by applicable law. The Sub recipient 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 Sub recipient
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, ancestry, national origin, marital
status, or any other basis prohibited by applicable law.
(3) The Sub recipient 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 Sub recipient will furnish all information and reports required
by Executive Orders 11246 of September 24, 1965, as amended,
13
, ,
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 Contract or with any of the said
rules, regulations, or orders, this Contract may be canceled,
terminated, or suspended in whole or in part and the Subrecipient
may be declared ineligible for further Government contracts or
federally assisted construction contracts in accordance with
procedures authorized in Executive Order 11246 of September 24,
1965, as amended, and such other sanctions may be imposed and
remedies invoked as provided in Executive Order 11246 of
September 24, 1965, as amended, 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
14
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 direcdy 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:
a. Deny any facilities, services, fmancial aid, or other benefits
provided under the program or activity.
b. Provide any facilities, services, fmancial aid, or other benefits,
which are different, or are provided in a different form from that
provided to others under the program or activity.
c. 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.
d. 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.
e. 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.
f. Deny any person with the legal right to work an opportunity to
participate in a program or activity as an employee.
15
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16
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 maximwn 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 (510/0) 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 Sub recipients regarding their status as minority and female business
enterprises in lieu of an independent investigation.
D. SECTION 3 CIAUSE
The Subrecipient will conform with the rules and regulations set forth under Section
3 of the Housing and Urban Development Act of 1968, (12 USC 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.
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
17
with Grantee Policy and Title VI of the Civil Rights Act of 1964 (PL 88-352), in the
sale, lease or other transfer of land acquired, leased or improved with assistance
provided under this Agreement, the deed or lease for such transfer shall contain a
covenant prohibiting discrimination upon the basis of race, color, creed, religion, sex,
handicap, disability, sexual orientation, ancestry, national origin, marital status, or
familial status, in the sale, lease, or rental, or in the use or occupancy of such land or
any improvements erected or to be erected thereon. The Subrecipient will comply
with Title VII of the Civil Rights Act of 1968 (pL 90-284) as amended and will
administer all programs and activities related to housing and community development
in a manner to affirmatively further Fair Housing.
F. Labor Standards
Except with respect to the rehabilitation of residential property designed for residential
use for less than eight households, the Sub recipient and all subcontractors engaged in
contracts in excess of $2,000 for the construction, completion, rehabilitation, or repair
of any building or work fmanced 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 journey workers. Under
the terms of the Davis-Bacon Act, as amended, the Sub recipient 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 F ederallaws 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.
18
H. Clean Air Act and Federal Water Pollution Control Act (Applicable to
Contracts and Subcontracts, which exceed $100,000).
The Sub recipient 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.
1. 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.
J. Lead-Based Paint
Any grants or loans made by the Subrecipient for the rehabilitation of residential
structures with assistance provided under this Agreement shall be made subject to the
provisions for the elimination oflead-based paint hazards under 24 CFR Part 35. The
Subrecipient, at its sole cost, will comply with the requirements of 24 CFR 570.608 for
notification, inspection, testing, and abatement procedures concerning lead-based
paint. Such regulations require that all owners, prospective owners, and tenants of
properties constructed prior to 1978 be properly notified that such properties may
contain lead-based paint. Such notification shall point out the hazards of lead-based
paint and explain the symptoms, treatment, and precautions that should be taken
when dealing with lead-based paint poisoning.
K. Special Assessments
Sub recipient 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
19
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).
L. Acquisition, Rehabilitation, and Demolition of Real Property and
Displacement of Persons and Businesses
Sub recipient will comply with the "Grantee's Community Development Block Grant
Program Plan for Minimizing the Displacement of Persons as a result of Community
Development Block Grant Funded Activities" and the Grantee's Community
Development Block Grant Program Residential Anti-displacement and Relocation
Assistance Plan." The Subrecipient will conduct any acquisition, rehabilitation, or
demolition, of real property, and any negotiations for acquisition, rehabilitation, or
demolition of real property in compliance with the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970, as amended, Section 104(d) of the Act,
and the implementing regulations at 49 CFR 24 and 24 CFR 570.606. Unless
specifically permitted in Appendix B or Appendix C, Subrecipient will not cause
either temporary or permanent involuntary displacement of persons or businesses. If
Subrecipient causes the involuntary temporary or permanent displacement of any
person or business as a result of Community Development Block Grant Activities, it
shall comply with the Grantee's "Plan to Assist Persons Actually Displaced by
Community Development Block Grant Activities," and Subrecipient shall provide all
notices, advisory assistance, relocation benefits, and replacement dwelling units as
required by the Uniform Relocation Assistance and Real Property Acquisition Policies
Act of 1970, as amended, Section 104(d) of the Act, and the implementing regulations
at 49 CFR 24 and 24 CFR 570.606. Subrecipient hereby agrees to defend, to pay,
and to indemnify the Grantee from and against any and all claims and liabilities for
relocation benefits or the provision of replacement dwelling units required by federal
statutes and regulations in connection with activities undertaken pursuant to this
Agreement.
M. Lobbying Restrictions
Sub recipient 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,
20
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 flie the required certification shall be
subject to a civil penalty of not less than $10,000 and not more than $100,000 for each
such failure.
N. Provisions Required by Law Deemed Inserted
Each and every provision of law and clause required by law to be inserted in this
Contract shall be deemed to be inserted herein and the contract shall be read and
enforced as though it were included herein, and if through mistake or otherwise any
such provision is not inserted, or is not correctly inserted, then upon the application
of either party the contract shall forthwith be physically amended to make such
insertion or correction.
O. HISTORIC PRESERVATION
If applicable, the Subrecipient agrees to comply ,vith the Historic Preservation
requirements set for in the National Historic Preservation Act of 1966, as amended (16
21
U.S.C. 470) and the procedures set forth in CFR, Part 800, Advisory Council of
Historic preservation Procedures for Protection of Historic properties, insofar as they
apply to the performance of this contract.
In general, this requires concurrence from the State Historic Preservation Officer for
all rehabilitation and demolition of historic properties that are fIfty years old or older
or that are included on a Federal, State, or local historic property list.
21. MISCELLANEOUS
A. This Agreement shall be governed by and construed according to the
laws of the State of Georgia.
B. Time shall be of the essence to this Contract, except where it is herein
specifically provided to the contrary. Subrecipient shall provide the scope
of services in accordance with the schedules 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
AUGUSTA. GEORGIA
(Grantee)
#fi~
L aJ. Bonner
Clerk of Commission
.~
UW
This ~tIIl approYed IS
to ItgaIIllIticlency Ind Iorm.
~D $-:1.1(-11
0.11
22
ATTEST:
SEAL
~~c.J~~~~~
Richard E. Tuchscherer
As its Executive Director
~~L. P
Net8ry PubIlC.OO~~s&'eorgta
-'. _. _ Commission Expires July 5. :(998
,.- .
-
CATHOUC SOCIAL SERVICE
By:;DlL/
tl J. Patrick Clairbome
As its President of Board
23
.
APPENDIX A
Project Area
The project is located 1419 Arsenal Avenue, Augusta, Georgia 30904.
APPENDIX B
Goals~ Objectives~ and Tasks
Catholic Social Services is a private, nonprofit organization committed to providing
assistance to persons who are homeless or at risk of becoming homeless. Individuals and
families will be provided assistance for first month's rent, overdue rent, rent to avoid eviction,
deposits, mortgage payment, and motel rooms (temporal)' shelter) to individuals and families
in eminent danger of being homeless. Also, supportive services necessary to help families
and individuals to make the transition from homelessness or near homelessness to
independent living will be provided which includes provision of food, clothing, utilities,
transportation, medicine, primary health care, and counseling in budgeting, job
procurement, and food management. 5,078 households were assisted during 1997, therefore
it is anticipated that 6,000 households will be assisted during 1998.
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:
I. Provide services as stated in this Contract.
2. Read all regulations attached herein to this Contract.
3. Maintain socia-economic data on clients and insure that 51 % of persons served are low and
moderate income persons.
4. Request reimbursement of expenditures for items allowed per budget.
5. Carry out activity in a timely manner.
Responsibilities of Grantee:
6. Provide Technical Assistance to assist subrecipient in complying with applicable laws and
regulations.
7. Monitor subrecipient to determine if the activity is being carried out as described in this
Contract. (Monitoring shall consist of site visits and review of records).
24
.
APPENDIX C
Budget
Homeless Prevention
Essential Services
Total
$ 7,800
10,000
$17,800
APPENDIX D
Reporting Requirements
The Subrecipient shall submit to the Grantee the following reports for the term of this
agreement.
I. Quarterly Program Progress and Financial Reports or Detailed List of Cash Receipts
and Cash Disbursements.
2. Annual Program Progress and Financial Reports or Detailed List of Cash Receipts
and Cash Disbursements or Audit Report, if applicable.
APPENDIX F
Reports' Schedule
1. Quarterly Program Progress & Financial Reports Due:
1st April 15, 1998
2nd July 15, 1998
3rd October 15, 1998
4th January 15, 1999
For Reporting Period:
January 1, 1998 - March 30, 1998
April 1, 1998 -June 30,1998
July 1, 1998 - September 30, 1998
October 1, 1998 - December 3 I, 1998
2. Annual Program Progress & Financial Reports Due:
January 30, 1999
For January 1, 1998 through December 31,1998
3. Audit Report due within 30 days after completion of audit.
25
'"
ATTACHMENT #1
Regulations, Circulars & Local Procurement Policy
a. Community Development Block Grant Entitlement Program 24 CF 570
b. 24 CFR 85
"Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments," specified at 24 CFR
570.502(a).
c. OMB Circular A-122
"Cost Principles for Non-Profit Organizations," or
d. OMB Circular A-21
"Cost Principles for Educational Institutions"
e. OMB Circular A-110; Attachments A, B, C, F, H, N, and O.
"Grants and Agreements with Institutions of Higher Education,
Hospitals, & Other Non-Profit Organizations"
f. OMB Circular A-133, "Audits of Institutions of Higher Education and
Other Non-Profit Institutions"
g. Augusta-Richmond County Procurement Policy
4 I'
ATTACHMENT #2
Forms
a. CDBG Income Verification
b. Reimbursement Request
c. Reports: Quarterly Program Progress
d. Reports: Annual Program Progress
e. Time Sheet
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CONTRACT BETWEEN AUGUSTA, GEORGIA
AND
BOYS & GIRLS CLUBS OF AUGUSTA, INC.
FOR
THE 1998 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
THIS AGREEMENT, made and entered into on this --1.s..L day of January, 1998,
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 BOYS & GIRLS CLUBS
OF AUGUSTA, INC., (hereinafter referred to as the "Subrecipient").
WHEREAS, the Grantee has received a Community Development Block Grant from
the United States Department of Housing and Urban Development (HUD) under
Title I of the Housing and Community Development Act of 1974, as amended (42
USC 5301 et seq.) (the Act); and
WHEREAS, pursuant to such Grant, the Grantee is undertaking certain programs and
services necessary for the planning, implementation and execution of such a
Community Development Block Grant Program; and
WHEREAS, the Grantee desires to engage the Sub recipient 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:
l. SCOPE OF SERVICE
The Subrecipient shall perform all the necessary service.s provided under this
Contract in accordance with and respecting the following project:
"Boys & Girls Clubs of Augusta Computer Resource Centers"
This program will provide training and orientation to low and moderate income
youths in the use of computers.
"\ MAR 2 0 1998
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The Subrecipient shall do, perform, and carry out, in a satisfactory manner, as
determined by the Grantee, the goals, objectives, and tasks set forth in Appendix B,
and incorporated herein by reference.
2. TERMS; TERMINATION
a. The services of the Sub recipient are to commence on January 1, 1998,
and shall be undertaken and completed in such sequence as to assure
their expeditious completion in the light of the purposes of this Contract
unless so otherwise specified in the Contract Section 19 (General Terms
and Conditions). This Agreement shall remain in effect until December
31, 1998, or until this Agreement is otherwise terminated.
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
Sub recipient, 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 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
2
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and that continued support of the project is not providing an
adequate level of services to low income and minority people; or
3) Written notification from HUD to the Grantee that the program
funds made available to the Grantee are being curtailed,
withdrawn, or otherwise restricted.
e. The Grantee also reserves the right to terminate this Contract or to
reduce the contract compensation amount if the Sub recipient:
(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 OMB Circular A-110). [Attachment #1(b & e)];
(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. KEY PERSONNEL
a. Subrecipient shall assign to this Contract the following key personnel:
1. Jerry Noland, Executive Director
ii. Armen S. Boyajian, Resource Development Director
ill. MarshaJordan Hathcock, Technology Consultant
b. During the period of performance, Subrecipient shall make no substitutes
of key personnel unless the substitution is necessitated by illness, death,
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or termination of employment. Sub recipient shall notifY the Grantee
Director ofHND 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 Sub recipient 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. 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.
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7. COMPENSATION
The Subrecipient shall be paid a total consideration of $ 14~500 for full performance
of the services specified under this Agreement. Any cost above this amount shall be
the sole responsibility of the Sub recipient. Subrecipient shall submit monthly requests
for payments to the Housing and Neighborhood Development (HND) Department.
Compensation shall be allowed on a reimbursement basis, only after expenditures have
been incurred by the Subrecipient and proper supporting documentation has been
submitted in conformity with the approved and executed budget document which is
attached to this Contract as Appendix C, incorporated herein by reference. In every
case, payment will be made subject to receipt of a reirnbursement 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 Sub recipient is entitled
to receive the amount requested under the terms of this Contract.
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. 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
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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 as defmed in the program regulations. The Subrecipient agrees
to maintain documentation that demonstrates that the activities carried out with funds
meets the aforementioned national objective.
Sub recipient 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, OMB Circular A-87, "Principles for
Determining Costs Applicable to Grants and Contracts with State, Local, and
Federally Recognized Indian Tribal Governments;" OMB 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, OMB Circular A-122, "Cost Principles
for Non-Profit Organizations," or OMB Circular A-21, "Cost Principles for
Educational Institutions," as applicable; OMB Circular A-133, "Audits of Institutions
of Higher Education and Other Non-Profit Institutions," and Attachments A, B, C,
F, H, N, and 0 to OMB Circular A-110, as specified at 24 CFR 570.502(b).
Sub recipient is prohibited from using funds provided herein for political activities,
sectarian or religious activities, or lobbying activities.
9. PROGRAM INCOME
Program Income (defined at 24 CFR 570.500 and 570.504) derived from the project
is anticipated to be approximately $0.
10. REVERSION OF ASSETS
Any real property under the Subrecipient's control acquired or improved in whole or
in part with CDBG funds (including funds provided to the Sub recipient in the form of
a loan) in excess of $25,000 will be used to meet one of the national objectives in
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~5 70.208 until five years after expiration of this Contract, or for such longer period of
time as determined to be appropriate by the Grantee.
11. INDIRECT COSTS
Indirect costs will only be paid if Subrecipient has an indirect cost allocation plan
approved by the Department of Housing and Urban Development prior to the
execution of this Contract.
12. TRAVEL
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, fmal or otherwise, shall operate to
release the Sub recipient from any obligations under this Contract.
14. INSURANCE & BONDING
Subrecipient shall carry sufficient insurance coverage to protect contract assets from
loss due to theft, fraud and/or undue physical damage, and as a minimum shall
purchase a blanket fidelity bond covering all employees in an amount equal to cash
advances from the Grantee. All policies providing insurance coverage required to be
maintained by Subrecipient hereunder shall list Grantee, The Augusta-Richmond
County Commission and its Mayor, and their officers, agents, members, employees
and successors as named insureds, as their interests may appear, and shall be issued by
an insurance carrier or carriers licensed to do business in the State of Georgia and
reasonably acceptable to Grantee. All such policies shall provide that no act or
omission of Grantee or its agents, servants, or employees shall in any way invalidate
any insurance coverage for the other named insureds. No insurance policy providing
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any insurance coverage required to be provided by Sub recipient 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
Sub recipient.
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
Sub recipient is subject to the Georgia Open Meetings Law if it receives more than
33V30/0 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.
19. GENERAL TERMS AND CONDITIONS
A. REPORTS
The Subrecipient agrees to submit to Grantee program progress and fmancial
reports and any other reports that may be specified in Appendix D.
B. CUENT DATA
Sub recipient agrees to maintain racial, ethnic, gender, head of household,
household income, and household size data showing the extent to which these
categories of persons have participated in, or benefitted from the project, and
to submit this information to the Grantee within 30 days after December 31,
1998.
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;
ll. Records demonstrating that each activity undertaken meets one of
the National Objectives of the CDBG Program;
lll. Records required to determine the eligibility of activities;
IV. Financial records as required by 24 CFR Part 570.502, and OMB
Circular A-133; and
v. 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 OMB Circular A-133. However, if an audit is not required,
the Sub recipient agrees to provide quarterly fmancial reports to the Grantee.
If Subrecipient do not prepare fmancial 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 the project.
E. RETENTION
The Sub recipient 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 fmal time rather than from the date
of submission of the fmal 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.
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H. CONFUCT 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
Sub recipient 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
prohibitions contained in any article of incorporation or bylaw against entering
into this Agreement.
J. SECTI 0 N 504
The Sub recipient 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.
I)
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.
L. 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 defmed by such policy and as may
be procured with funds provided herein.
20. OTHER PROVISIONS
A Equal Employment Opportunity
The following provisions (1) and (2) are applicable to all contracts and
subcontracts; provisions (3) through (7) are applicable to all non-exempt
construction contracts and subcontracts which exceed $10,000:
(1) The Sub recipient 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 Sub recipient 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
12
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, 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, 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 Sub recipient 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 Sub recipient's noncompliance with the
nondiscrimination clauses of this Contract or with any of the said
rules, regulations, or orders, this Contract may be canceled,
terminated, or suspended in whole or in part and the Subrecipient
may be declared ineligible for further Government contracts or
federally assisted construction contracts in accordance with
procedures authorized in Executive Order 11246 of September 24,
1965, as amended, and such other sanctions may be imposed and
remedies invoked as provided in Executive Order 11246 of
September 24, 1965, as amended, 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 Sub recipient 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
14
activity funded in whole or in part with Community Development Block
Grant Program funds.
Specific (not exclusive) Discriminatory Actions Prohibited:
The Sub recipient 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:
a. Deny any facilities, services, financial aid, or other benefits
provided under the program or activity.
b. 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.
c. 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.
d. Restrict in any way access to, or the enjoyment of any advantage
or privilege enjoyed by others in connection with facilities, services,
fmancial aid or other benefits under the program or activity.
e. 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.
f. 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.
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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 <;:ontract. 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 Sub recipients regarding their status as minority and female business
enterprises in lieu of an independent investigation.
D. SECTION 3 CLAUSE
The Subrecipient will conform with the rules and regulations set forth under Section
3 of the Housing and Urban Development Act of 1968, (12 USC 1701u), as amended,
and the HUD regulations issued pursuant thereto at 24 CFR Part 135. This Act
requires that, to the greatest extent feasible, opportunities for training and employment
be given to lower income residents of the project area, and contracts for work in
connection with the project be awarded to business concerns which are located in, or
owned in substantial part by persons residing in the area of the project. In all
solicitations for bids the contractor must, before signing the contract, provide a
preliminary statement of the work force needs and plans for possible training and
employment of lower income persons. When a Sub recipient utilizes the bidding
procedure to let a bid, the invitation or solicitation for bids shall advise prospective
contractors of the requirements of Section 3 of the Housing and Urban Development
Act of 1968, as amended, and the clause shall be inserted as a component part of any
contract or subcontract.
If a Subrecipient solicits or requests an invitation for bids, every effort feasible will be
made to contact minority-owned and women-owned business enterprises for a response
to the solicitation or invitation for bidders.
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,
16
handicap, disability, sexual orientation, ancestry, national origin, marital status, or
familial status, in the sale, lease, or rental, or in the use or occupancy of such land or
any improvements erected or to be erected thereon. The Subrecipient will comply
with Title VII of the Civil Rights Act of 1968 (PL 90-284) as amended and will
administer all programs and activities related to housing and community development
in a manner to affirmatively further Fair Housing.
F. Labor Standards
Except with respect to the rehabilitation of residential property designed for residential
use for less than eight households, the Subrecipient and all subcontractors engaged in
contracts in excess of $2,000 for the construction, completion, rehabilitation, or repair
of any building or work fmanced 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).
17
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.
1. 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.
J. Lead-Based Paint
Any grants or loans made by the Sub recipient for the rehabilitation of residential
structures with assistance provided under this Agreement shall be made subject to the
provisions for the elimination oflead-based paint hazards under 24 CFR Part 35. The
Sub recipient, at its sole cost, will comply with the requirements of 24 CFR 570.608 for
notification, inspection, testing, and abatement procedures concerning lead-based
paint. Such regulations require that all owners, prospective owners, and tenants of
properties constructed prior to 1978 be properly notified that such properties may
contain lead-based paint. Such notification shall point out the hazards of lead-based
paint and explain the symptoms, treatment, and precautions that should be taken
when dealing with lead-based paint poisoning.
K. Special Assessments
Subrecipient will not attempt to recover any capital costs of public improvements
assisted in whole or in part with funds provided under Section 106 of the Act or with
amounts resulting from a guarantee under Section 108 of the Act by assessing any
amount against properties owned and occupied by persons of low and moderate
income, including any fee charged or assessment made as a condition of obtaining
access to such public improvements, unless: (1) funds received under Section 106 of
the Act are used to pay the proportion of such fees or assessment that relates to the
capital costs of such public improvements that are financed from revenue sources other
than under Title I of the Act, or (2) for purposes of assessing any amount against
properties owned and occupied by persons of moderate income, the grantee certifies
18
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).
L. Acquisition, Rehabilitation, and Demolition of Real Property and
Displacement of Persons and Businesses
Subrecipient will comply with the "Grantee's Community Development Block Grant
Program Plan for Minimizing the Displacement of Persons as a result of Community
Development Block Grant Funded Activities" and the Grantee's Community
Development Block Grant Program Residential Anti-displacement and Relocation
Assistance Plan." The Subrecipient will conduct any acquisition, rehabilitation, or
demolition, of real property, and any negotiations for acquisition, rehabilitation, or
demolition of real property in compliance with the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970, as amended, Section 104(d) of the Act,
and the implementing regulations at 49 CFR 24 and 24 CFR 570.606. Unless
specifically permitted in Appendix B or Appendix C, Subrecipient will not cause
either temporary or permanent involuntary displacement of persons or businesses. If
Subrecipient causes the involuntary temporary or permanent displacement of any
person or business as a result of Community Development Block Grant Activities, it
shall comply with the Grantee's "Plan to Assist Persons Actually Displaced by
Community Development Block Grant Activities," and Subrecipient shall provide all
notices, advisory assistance, relocation benefits, and replacement dwelling units as
required by the Uniform Relocation Assistance and Real Property Acquisition Policies
Act of 1970, as amended, Section 104(d) of the Act, and the implementing regulations
at 49 CFR 24 and 24 CFR 570.606. Subrecipient hereby agrees to defend, to pay,
and to indemnifY the Grantee from and against any and all claims and liabilities for
relocation benefits or the provision of replacement dwelling units required by federal
statutes and regulations in connection with activities undertaken pursuant to this
Agreement.
M. Lobbying Restrictions
Sub recipient 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
19
making of any Federal Grant, the making of any Federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative agreement;
If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or employee of
a Member of Congress, in connection with this Federal Contract, grant, loan, or
cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure
Form to Report Lobbying" in accordance with its instructions; and
It will require that the language of this paragraph M be included in the award
documents for all subawards at all tiers (including subcontractors, subgrants, and
contracts under grants, loans, and cooperative agreements) and that all subrecipients
shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by Section 1352, Title
31, United States Code. Any person who fails to file the required certification shall be
subject to a civil penalty of not less than $10,000 and not more than $100,000 for each
such failure.
N. Provisions Required by Law Deemed Inserted
Each and every provision of law and clause required by law to be inserted in this
Contract shall be deemed to be inserted herein and the contract shall be read and
enforced as though it were included herein, and if through mistake or otherwise any
such provision is not inserted, or is not correctly inserted, then upon the application
of either party the contract shall forthwith be physically amended to make such
insertion or correction.
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
20
. .
Historic preservation Procedures for Protection of Historic properties, insofar as they
apply to the performance of this contract.
In general, this requires concurrence from the State Historic Preservation Officer for
all rehabilitation and demolition of historic properties that are fIfty years old or older
or that are included on a Federal, State, or local historic property list.
21. MISCELLANEOUS
A. This Agreement shall be governed by and construed according to the
laws of the State of Georgia.
B. Time shall be of the essence to this Contract, except where it is herein
specifically provided to the contrary. Subrecipient shall provide the scope
of services in accordance with the schedules set forth in Appendix B.
IN WITNESS WHEREOF, the parties have set their hands and seals as of the date
fIrst written above.
ATTEST:
AUGUSTA~ GEORGIA
(Grantee)
SEAL
~
By:
~
1M1i~
Clerk of Commission
~~.:
l1f!-)'tJ -cjf>
. Oa19
21
ATTEST:
BOYS & GIRLS CLUBS OF AUGUSTA~ INC.
(Subrecipient)
SEAL
By:
~.~~\\\--
As its Board's Secretary
1&~ i:!:.; ~~ plQU!)id
22
. ,
.
APPENDIX A
Proj ect Area
The activity will be undertaken at two (2) facilities - 1903 Division Street, Augusta, Georgia
located in the Harrisburg neighborhood and 2050 Bolt Drive, Augusta, Georgia located in
South Augusta at the Dogwood Terrace Public Housing Complex.
APPENDIX B
Goals, Objectives, and Tasks
The Boys & Girls Clubs has been in existence for forty-six (46) years, serving youths in
Augusta's most economically disadvantaged neighborhoods. The objective of this activity
is to provide computer training and orientation to low and moderate income youths. The
agency will establish two (2) Computer Resource Centers, one in Harrisburg at 1903
Division Street and the other in South Augusta at the Dogwood Terrace Public Housing
Complex. Computer training will be provided to 100 low income youths ages 8-16.
Computer training will include such applications as creative writing, spreadsheets, data bases,
CD-ROM and Internet-based research, and e-mail. Classes will be held during 1998 from
3:00 p.m. to 6:00 p.m. Monday through Friday. Also, classes will be held on Saturday for
three hours.
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. Provide services as stated in this Contract.
2. Read all regulations attached herein to this Contract.
3. Maintain socio-economic data on clients and insure that 51 % of persons served are
low and moderate income persons.
4. Maintain student attendance and evaluation records, staff time sheets and an
inventory log for equipment purchased.
5. Procure equipment in accordance with Federal regulations.
6. Request reimbursement of expenditures for items allowed per budget.
7. Carry out activity in a timely manner.
23
. . . .
Responsibilities of Grantee:
1. Provide Technical Assistance to assist Subrecipient in complying with applicable laws
and regulations.
2. Monitor Subrecipient to determine if the activity is being carfied dout as described
in this Contract. (Monitoring shall consist of site visits and review of records).
A schedule fOf 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.
APPEl\TDIX C
Budget
Computers & Accessories
$14,500
APPENDIX D
Reporting Requirements
The Subrecipient shall submit to the Grantee the following reports for the term of this
agreement.
1. Quarterly Program Progress and Financial Reports or Detailed List of
Cash Receipts and Cash Disbursements.
2. Annual Program Progress and Financial Reports or Detailed List of Cash
Receipts and Cash Disbursements.
3. If applicable, Audit Report. If Sub recipient is not required to have an
audit, an annual Financial Report shall be submitted to Grantee.
4. Use of Equipment
24
. . !" ..
APPENDIX F
Reports' Schedule
1. Quarterly Program Progress & Financial Reports Due:
1st April 15, 1998
2nd July 15, 1998
3rd October 15,1998
4th January 15, 1999
For Reporting Period:
January 1, 1998 - March 30,1998
April 1, 1998 -June 30,1998
July 1, 1998 - September 30, 1998
October 1, 1998 - December 31, 1998
2. Annual Program Report and Use of Equipment:
1 st January 30, 1999
2nd January 30, 2000
3rd January 30, 2001
4th January 30, 2002
5th January 30, 2003
For Reporting Period:
January 1, 1998 through December 31, 1998
January 1,1999 through December 31,1999
January 1, 2000 through December 31,2000
January 1, 2001 through December 31, 2001
January 1,2002 through December 31,2002
3. Audit Report due within 30 days after completion of audit.
25
.' ..
" .
ATTACHMENT #1
Regulations~ Circulars & Local Procurement Policy
a. Community Development Block Grant Entitlement Program 24 CF 570
b. 24 CFR 85
"Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments," specified at 24 CFR
570.502(a).
c. OMB Circular A-122
"Cost Principles for Non-Profit Organizations," or
d. OMB Circular A-21
"Cost Principles for Educational Institutions"
e. OMB Circular A-110; Attachments A, B, C, F, H, N, and O.
"Grants and Agreements with Institutions of Higher Education,
Hospitals, & Other Non-Profit Organizations"
f. OMB Circular A-133, "Audits of Institutions of Higher Education and
Other Non-Profit Institutions"
g. Augusta-Richmond County Procurement Policy
"" '. 'iI. ..
ATTACHMENT #2
Forms
a. CDBG Income Verification
b. Inventory
c. Reimbursement Request
d. Reports: Quarterly Program Progress
e. Reports: Annual Program Progress
f. Time Sheets
COP~(
CONTRACT BETWEEN AUGUSTA, GEORGIA
AND
HOPE HOUSE, INC.
FOR
THE 1998 COMMUNITY DEVELOPMENT BLOCK GRANT PRO 3RAM
THIS AGREEMENT, made and entered into on this ~ day of JanuaI~, 1998,
by and between AUGUSTA, GEORGIA, by and through the Augusta-Richmond
County Commission, as the Implementor of the Community Developm(nt Block
Grant Program (hereinafter referred to as "Grantee"), and HOPE HOUSE, INC.,
(hereinafter referred to as the "Subrecipient").
WHEREAS, the Grantee has received a Community Development Block GIant from
the United States Department of Housing and Urban Development (HUD) under
Title I of the Housing and Community Development Act of 1974, as ame nded (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 0: such a
Community Development Block Grant Program; and
WHEREAS, the Grantee desires to engage the Subrecipient to render certair. services,
programs, or assistance in connection with such undertakings of the Co mmunity
Development Block Grant Program, situated in the Project Area desl:ribed in
Appendix. A.
NOW, THEREFORE, the parties hereto do mutually agree as follows:
l. SCOPE OF SERVICE
The Sub recipient shall perform all the necessary services provided under this Contract
in accordance with and respecting the following project:
"Hope House for Women Recovery and Relapse Prevention"
The Subrecipient shall do, perform, and carry out, in a satisfactory m;mner, as
determined by the Grantee, the goals, objectives, and tasks set forth in Appendix B,
and incorporated herein by reference.
!
2. TERMS; TERMINATION
a. The services of the Sub recipient are to commence on Janual) 1 ~ 1998,
and shall be undertaken and completed in such sequence as to assure
their expeditious completion in the light of the purposes of this Contract
unless so otherwise specified in the Contract Section 19 (Genet al Terms
and Conditions). This Agreement shall remain in effect until December
31, 1998, or until this Agreement is otherwise terminated.
b. The parties agree that the Grantee may terminate this Contra ct 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 b;' delivery
ofa Notice of Termination signed by the Mayor, mailed or de.ivered to
Sub recipient, 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 peJiod.
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 i~ deficient
and that continued support of the project is not pro,,jding an
adequate level of services to low income and minority people; or
2
3) Written notification [rom HUD to the Grantee that the program
funds made available to the Grantee are being :urtailed,
withdrawn, or otherwise restricted.
e. The Grantee also reserves the right to terminate this ContI act or to
reduce the contract compensation amount if the Subrecipient:
(1) Fails to file required reports or to meet project pr.)gress or
completion deadlines;
(2) Materially fails to comply with any provision of this Agreement
(which may result in suspension or termination in accord;mce with
24 CFR 85.43 or OMB Circular A-I 10). [Attachment #] (b & e)];
(3) Expends funds under this Agreement for ineligible activities,
services, or items;
(4) Implements the project prior to notification [rom the Gn.ntee 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. KEY PERSONNEL
a. Sub recipient shall assign to this Contract the following key pe:'Sonnel:
1. Dorothy H. Thompson, President of Corporation
ll. Lisa Shuford, President of Board
111. Christine Abney, Hope House Manager
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 tht Grantee
Director ofHND within five (5) calendar days after the occurrer:ce of any
of these events and provide the following information, prf >viding a
3
/"
detailed explanation of the circumstances necessitating the )foposed
substitutions, complete resumes for the proposed substitutes, and any
additional information requested by the Grantee's Director 1)[ HND.
Proposed substitutes should have comparable qualifications tc those of
the persons being replaced. The Grantee's Director of HND "rill notify
the Subrecipient within fifteen (15) calendar days after receipt of all
required information of the decision on substitutions. This clau ~e will be
modified to reflect any approved changes of key personnel.
4. PERFORMANCE MONITORING
The Grantee will monitor the performance of the Sub recipient against foals and
performance standards required herein. Substandard performance as detennined by
the Grantee will constitute non-compliance with this contract. If actions to correct
such substandard performance are not taken by the Sub recipient within 30 days
following on-site monitoring by the Grantee, contract termination procedures will be
initiated.
5. INSPECTION AND ACCEPTANCE
All tasks and reports shall be conducted and completed in accordance with recognized
and customarily accepted industry practices, and shall be considered complete when
services are approved as acceptable by the Grantee in writing. In the event of rejection
of any tasks, reports, etc., Subrecipient shall be notified in writing and shall have ten
(10) working days from date of issuance of notification to correct the deficiencies and
re-submit acceptable work within said ten-day period. Failure to submit al:ceptable
work within said ten-day period shall constitute a breach of this contract for Hhich the
Sub recipient may be held in default.
6. SEVERABIUTY
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 remain: ng terms
and conditions of this Agreement, which shall continue in full force and effi ~ct.
4
7. COMPENSATION
The Subrecipient shall be paid a total consideration of $ 281900.00_for full
performance of the services specified under this Agreement. Any cost a Jove this
amount shall be the sole responsibility of the Subrecipient. Subrecipient sh(.ll submit
monthly requests for payments to the Housing and Neighborhood Devdopment
(HND) Department. Compensation shall be allowed on a reimbursement basis, only
after expenditures have been incurred by the Subrecipient and proper sllpporting
documentation has been submitted in conformity with the approved and executed
budget document which is attached to this Contract as Appendix C, incorporated
herein by reference. In every case, payment will be made subject to receipt of a
reimbursement request for payment from the Subrecipient specifying and ::ertifying
that such expenses have been incurred and expended in conformance with this
Contract and that the Subrecipient is entitled to receive the amount requesl ed under
the terms of this Contract.
Payments will be made on a monthly basis only with a 30-day turnaround :)eriod by
Grantee. Requests for payments must be received by Grantee not later tha:l the 15th
day of each calendar month for work performed during the preceding calendcT month.
The Sub recipient 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 sha: I become
effective during the term of this Agreement. A copy of said regulations is inc( lrpora ted
by reference. In addition, the Sub recipient agrees to comply with other c:.pplicable
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 Ac: of 1990,
5
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 as defmed in the program regulations. The Subrecipie nt agrees
to maintain documentation that demonstrates that the activities carried out \\ ith funds
meets the aforementioned national objective.
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, OMB Circular A-87, "Principles for
Determining Costs Applicable to Grants and Contracts with State, L( lcal, and
Federally Recognized Indian Tribal Governments;" OMB 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 COJperative
Agreements to State and Local Governments," specified at 24 CFR 570.502(a).
If the Subrecipient is not a government agency, OMB Circular A-122, "Cost J?rinciples
for Non-Profit Organizations," or OMB Circular A-21, "Cost Principles for
Educational Institutions," as applicable; 0 MB Circular A-133, "Audits of In stitutions
of Higher Education and Other Non-Profit Institutions," and AttachmenTI A, B, C,
F, H, N, and 0 to OMB Circular A-I10, as specified at 24 CFR 570.502(1:>).
Sub recipient 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 $0.
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 obj ~ctives in
6
~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.
II. INDIRECT COSTS
Indirect costs will only be paid if Sub recipient has an indirect cost alloca cion plan
approved by the Department of Housing and Urban Development prix to the
execution of this Contract.
12. TRAVEL
Sub recipient 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 o)ligations
hereunder and/ or Subrecipient's failure to perform its obligations hereunder I)r 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-perform;: nce of its
obligations hereunder. No payment, however, final or otherwise, shall c perate to
release the Subrecipient from any obligations under this Contract.
14. INSURANCE & BONDING
Subrecipient shall carry sufficient insurance coverage to protect contract a~ sets from
loss due tG- theft, fraud and/or undue physical damage, and as a minimum shall
purchase a blanket fidelity bond covering all employees in an amount equ 11 to cash
advances from the Grantee. AIl policies providing insurance coverage requ ,red to be
maintained by Subrecipient hereunder shall list Grantee, The Augusta-Richmond
County Commission and its Mayor, and their officers, agents, members, employees
and successors as named insureds, as their interests may appear, and shall be issued by
an insurance carrier or carriers licensed to do business in the State of Ge,)rgia and
reasonably acceptable to Grantee. All such policies shall provide that no act or
omission of Grantee or its agents, servants, or employees shall in any way invalidate
any insurance coverage for the other named insureds. No insurance policy Jroviding
7
any insurance coverage required to be provided by Subrecipient hereundt r shall be
cancelable without at least 15 days advance written notice to Grantee. All lnsurance
policies required hereunder, or copies thereof, shall be provided to G)'antee by
Subrecipient.
15. GRANTOR RECOGNITION
Subrecipient shall insure recognition of the role of the grantor agency in }roviding
services through this contract. All activities, facilities and items utilized PUrsU<Lnt to this
contract shall be prominently labeled as to funding source. In add .tion, 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
331/30/0 of its funds from taxpayer sources. Accordingly, the Subrecipient wi] I 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 allY 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, atlendance,
and voting record for each meeting and make the same available for inspectic ns by the
press, the public and the Grantee. The press, public and the Grantee sh.ill not be
denied admittance to the Sub recipient'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 suI: mitted 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 Sub recipient, either in whole or in part.
8
, .
18. ENTIRE CONTRACT; ALTERATION
This Agreement is the entire agreement between the parties hereto. No alteration or
variation in the terms of tlus Agreement shall be valid unless made in writing and
signed by the parties hereto.
19. GENERAL TERMS AND CONDITIONS
A. REPORTS
The Sub recipient agrees to submit to Grantee program progress and fmancial
reports and any other reports that may be specified in Appendix D.
B. CUENTDATA
Subrecipient agrees to maintain racial, ethnic, gender, head of household,
household income, and household size data showing the extent to wn ich these
categories of persons have participated in, or benefited from the project, and to
submit this information to the Grantee within 30 days after December :~ 1, 1998.
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 actiyjties to be
funded under this contract. Such records shall include but are not limi1 ed to the
items listed below:
1. Records providing a full description of each activity unc.ertaken;
- 11. Records demonstrating that each activity undertaken meets one of
the National Objectives of the CDBG Program;
111. Records required to determine the eligibility of activitie~ ;
IV. Financial records as required by 24 CFR Part 570.502, a"1d OMB
Circular A-133; and
v. Other records necessary to document compliance with S"jbpart K
of 24 CFR 570.
Subrecipient agrees to keep all necessary books and records, including :)roperty,
personnel and fmancial records, in connection with the operations anI 1 services
9
performed under this Agreement, and shall document all transactions w 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 c)nducted
in accordance with OMB 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 fmancial statements on a monthly or quarterly
basis, a detailed list of cash receipts and disbursements should e submitted to
Grantee quarterly.
D. ACCESS TO RECORDS
The Subrecipient agrees that the Grantee or any authorized represen:ative 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 recorc s, 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 contrac:, or after
the resolution of all Federal audit findings, whichever occurs later and ~:rants the
Grantee the option of retention of the project records, books, papers, and
documents. The retention period shall start from the date of submissi on 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 frorr 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. AFFIRMATIVEACTION
The Sub recipient, if its program involves housing, agrees to affirmative y further
fair housing.
10
: ,
H. CONFUCT OF INTEREST
The Subrecipient hereby severally warrants that it will establish a:1d adopt
safeguards to prohibit members, officers, and employees from using po~ itions for
a purpose that is or gives the appearance of being motivated by a .:Iesire for
private gain for themselves or others, particularly those with whom 1hey have
family, business, or other ties. Further, no member, officer, or employee of
Subrecipient who exercises any functions or responsibility with resp'~ct 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 subcontra,:t, 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 prograr n assisted
under this Agreement.
1. 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 restr. ctions or
prohibitions contained in any article of incorporation or bylaw againsl 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 compl~r 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 ph) sical 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.
11
, . .
K. INDEPENDENT CONTRACTOR
Nothing contained in this Agreement is intended to, or shall be constrUt~d in any
manner to, create or establish an employer-employee relationship between the
parties, nor shall any employee of the Sub recipient by virtue of this COrltract be
an employee of the Grantee for any purpose whatsoever, nor ~hall any
employee of the Sub recipient be entitled to any of the rights, priv leges, 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 temlS of this
Contract. The Sub recipient assumes exclusively the responsibility fo:' the acts
of its employees as they relate to the services provided during the course and
scope of their employment.
L. PROCUREMENT
The Subrecipient shall comply with Augusta-Richmond County's curre rlt policy
concerning the purchase of equipment and shall maintain an inventOlY record
of all non-expendable personal property as dermed by such policy an:l as may
be procured with funds provided herein.
20. OTHER PROVISIONS
A. Equal Employment Opportunity
The following provisions (I) and (2) are applicable to all contracts and
subcontracts; provisions (3) through (7) are applicable to all nor .-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,
sex, age, handicap, disability, sexual orientation, ancestry, national
origin, marital status, familial status, or any other basis prohibited
by applicable law. The Sub recipient shall take affirmati"e action
to ensure that applicants are employed and that empkyees are
treated during employment without regard to their ra( e, color,
creed, religion, sex, age, handicap, disability, sexual oril~ntation,
ancestry, or national origin. Such action shall include, but not be
12
J
; .
limited to the following: employment, upgrading, demotion or
transfer, recruitment or recruitment advertising, layoff or
termination, rates of payor other forms of compens<ltion, and
selection for training including apprenticeship. The Su )recipient
agrees to post in conspicuous places, available to empbyees and
applicants for employment, notices to be provided settinL 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, stc:.te that all
qualified applicants will receive consideration for ern ployment
without regard to race, creed, religion, sex, age, :1andicap,
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 agrl:ement or
other contract or understanding, a notice to be provided advising
the said labor union or workers' representative;; of the
Subrecipient's commitments under this section, and shall post
copies of the notice in conspicuous places available to {'mployees
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 12036, copies
of which are on fIle and available at the Grantee, and of the rules,
regulations, and relevant orders of the Secretary of Lat or.
(5) The Sub recipient will furnish all information and report:; required
by Executive Orders 11246 of September 24, 1965, as .lmended,
and by rules, regulations, and orders of the Secretary of Labor, or
pursuant thereto, and will permit access to its books, ree ords, and
accounts by HUD and the Secretary of Labor for purposes of
investigation to ascertain compliance with such rules, regulations,
and orders.
13
(6) In the event of the Subrecipient's noncompliance with the
nondiscrimination clauses of this Contract or with any t)f the said
rules, regulations, or orders, this Contract may be canceled,
terminated, or suspended in whole or in part and the Su orecipient
may be declared ineligible for further Government contracts or
federally assisted construction contracts in accord,.nce with
procedures authorized in Executive Order 11246 ofSeptl~mber 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 providt~d by law.
(7) The Subrecipient will include the portion of the sentence
immediately preceding paragraph (1) and the pro'risions 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 Su~)recipient
will take such action with respect to any subcontract or purchase
order as HUD may direct as a means of enforcing such 1= rovisions,
including sanctions for noncompliance; provided, howevl~r, 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 reqllirements
imposed by or pursuant to the Regulations ofHUD (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 lnyother
basis prohibited by applicable law be excluded from participation in, ')e denied
benefits of, or be subjected to discrimination under any program c,r activity
14
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, :iisability,
sex or other basis prohibited by applicable law:
a. Deny any facilities, services, financial aid, or othel' benefits
provided under the program or activity.
b. Provide any facilities, services, financial aid, or other benefits,
which are different, or are provided in a different form :rom that
provided to others under the program or activity.
c. Subject to segregated or separate treatment in any faci.ity, or in
any other matter or process related to receipt of any ~ ervice or
benefit under the program or activity.
d. 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 act .vity.
e. Treat an individual differently from others in determining whether
the individual satisfies any admission, enrollment, digibility,
membership, or other requirement or condition wnich the
individual must meet in order to be provided any facilities,
services, or other benefit provided under the program 0)' activity.
F. Deny any person with the legal right to work an oppOltunity 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.
15
The Subrecipient will use its best efforts to afford minority and women-ownec business
enterprises the maximum practicable opportunity to participate in the perfornance of
this contract. As used in this contract, the term "minority and female business
enterprise," means a business at least fIfty-one (510/0) owned and controlled by minority
group members or women. For the purpose of this definition, "minority group
members" are Mrican-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 un de r Section
3 of the Housing and Urban Development Act of 1968, (12 USC 1701u), as amended,
and the HUD regulations issued pursuant thereto at 24 CFR Part 135. This Act
requires that, to the greatest extent feasible, opportunities for training and em} lloyment
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 local ed in, or
owned in substantial part by persons residing in the area of the projecl. 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 Devdopment
Act of 1968, as amended, and the clause shall be inserted as a component pa rt of any
contract or subcontract.
If a Subrecipient solicits or requests an invitation for bids, every effort feasib e 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 (pI 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 88-3Y~), 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,
]6
handicap, disability, sexual orientation, ancestry, national origin, marital :itatus, 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 devdopment
in a manner to affirmatively further Fair Housing.
F. Labor Standards
Except with respect to the rehabilitation of residential property designed for n :sidential
use for less than eight households, the Subrecipient and all subcontractors en gaged in
contracts in excess of $2,000 for the construction, completion, rehabilitation,)r repair
of any building or work financed in whole or in part with assistance providl:d under
this Agreement are subject to the federal labor standards provisions which gc vem 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 tJ pay all
laborers and mechanics employed on construction work wages at rates not ~ess than
those prevailing on similar construction in the locality as determined by the ~ecretary
of Labor, and shall pay overtime compensation in accordance with and subje ct 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 tl: ese Acts
and with other applicable Federal laws and regulations pertaining to labor stmdards,
including the Copeland "Anti-Kickback" Act. Provided that if wage rates hig ler 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, tc require
payment of the higher rates.
G. Flood Disaster Protection
This Agreement is subject to the requirements of the Flood Disaster Protectio n 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 : 02(a) of
said Act.
17
H. Clean Air Act and Federal Water Pollution Control Act (App~cable to
Contracts and Subcontracts, which exceed $100,000).
The Sub recipient shall comply with and require each subcontractor to compb 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 use 1251 et
seq.), as amended, and the regulations of the Environmental Protection Agt: ncy with
respect thereto, at 40 CFR Part 15, as amended from time "to time.
I. Provisions of the Hatch Act
Neither the Subrecipient program nor the funds provided therefor, nor the rersonnel
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 1:) of Title
5, United States Code.
J. Lead-Based Paint
Any grants or loans made by the Subrecipient for t~e rehabilitation of n sidential
structures with assistance provided under this Agreement shall be made subjt: ct to the
provisions for the elimination of lead-based paint hazards under 24 CFR Part 35. The
Subrecipient, at its sole cost, will comply with the requirements of 24 CFR 57(1.608 for
notification, inspection, testing, and abatement procedures concerning lead-based
paint. Such regulations require that all owners, prospective owners, and tc: nants of
properties constructed prior to 1978 be properly notified that such properties may
contain lead-based paint. Such notification shall point out the hazards of lead-based
paint and explain the symptoms, treatment, and precautions that should be taken
when dealing with lead-based paint poisoning.
K. Special Assessments
Subrecipient will not attempt to recover any capital costs of public improvements
assisted in whole or in pan with funds provided under Section 106 of the ACl. or with
amounts resulting from a guarantee under Section 108 of the Act by asses;;ing 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 0 :>taining
access to such public improvements, unless: (1) funds received under Sectio 1 106 of
the Act are used to pay the proportion of such fees or assessment that relatl:s to the
18
. .
capital costs of such public improvements that are financed from revenue sour ces other
than under Title I of the Act, or (2) for purposes of assessing any amOUIlt against
properties owned and occupied by persons of moderate income, the grantel~ certifies
to the Secretary of HUD that it lacks sufficient funds received under Section 1 06 of the
Act to comply with the requirements of subparagraph (1).
L. Acquisition, Rehabilitation, and Demolition of Real Prop ~rty and
Displacement of Persons and Businesses
Subrecipient will comply with the "Grantee's Community Development Blo:::k Grant
Program Plan for Minimizing the Displacement of Persons as a result of COlnmunity
Development Block Grant Funded Activities" and the Grantee's COlnmunity
Development Block Grant Program Residential Anti-displacement and Rl~location
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 Assist;mce 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 rot cause
either temporary or permanent involuntary displacement of persons or busir.esses. If
Subrecipient causes the involuntary temporary or permanent displacemert of any
person or business as a result of Community Development Block Grant AClivities, 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 Acquisitior Policies
Act of 1970, as amended, Section 104(d) of the Act, and the implementing regulations
at 49 CFR 24 and 24 CFR 570.606. Subrecipient hereby agrees to defend, to pay,
and to indtmlnify the Grantee from and against any and all claims and liab:1ities for
relocation benefits or the provision of replacement dwelling units required hi federal
statutes and regulations in connection with activities undertaken pursuant to this
Agreement.
19
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 employe:e 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 cont ract, the
making of any Federal Grant, the :making of any Federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendJnent, or
modification of any Federal contract, grant, loan, or cooperative agreement;
If any funds other than Federal appropriated funds have been paid or will bc~ 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 emI,loyee 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 thl~ award
documents for all subawards at all tiers (including subcontractors, subgra:lts, and
contracts under grants, loans, and cooperative agreements) and that all subncipients
shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance wa) placed
when this transaction was made or entered into. Submission of this certifica cion is a
prerequisite for making or entering into this transaction imposed by Section 13~12, 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 lor each
such failure-;-
N. Provisions Required by Law Deemed Inserted
Each and every provision of law and clause required by law to be insertec in this
Contract shall be deemed to be inserted herein and the contract shall be rc:ad and
enforced as though it were included herein, and if through mistake or othervrise 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 ma:(e such
insertion or correction.
20
o. HISTORIC PRESERVATION
If applicable, the Subrecipient agrees to comply with the Historic Prt~servation
requirements set for in the National Historic Preservation Act of 1966, as amended (16
D.S.C. 470) and the procedures set forth in CFR, Part 800, Advisory Council of
Historic preservation Procedures for Protection of Historic properties, insofar as they
apply to the performance of this contract.
In general, this requires concurrence from the State Historic Preservation Officer for
all rehabilitation and demolition of historic properties that are fifty years old or older
or that are included on a Federal, State, or local historic property list.
21. MISCELLANEOUS
A. This Agreement shall be governed by and construed according to the
laws of the State of Georgia.
B. Time shall be of the essence to this Contract, except where it is herein
specifically provided to the contrary. Subrecipient shall provide the scope
of services in accordance with the schedules set forth in Apper..dix B.
IN vVITNESS WHEREOF, the parties have set their hands and seals as 0:' the date
first written above.
ATTEST:
SEAL
~&t~
Clerk of Commission
ThIs doc1lmtIIt ~td 81
~~j!~~
&y Date
21
ATTEST:
'S E .AJ~ -, '
. - - . ~ .' .
- , '-
Shuford
orate Secretary
J\~ t.~v/t-i
(plain Witness)
By:
22
HOPE HOUSE, ~~
~ r ipient)
isa Shuford
As its President
APPENDIX A
PrQject Ar!&l
The project location is 2542 Milledgeville Road, Augusta, Georgia 30904.
APPENDIX B
Goals~ Objectives, and Tasks
Hope House, Inc. is a private, non-profit organization dedicated to reha bilitating
women recovering from alcohol and/or drug addiction. Hope House is a th~rapeutic
halfway home open to any female over the age of 18 who has been detoxicated, who
has no significant health problems, excluding chemical dependence and alcoholism,
and who has an honest desire to remain clean and sober.
The purpose of Hope House is to provide safe, supervised transitional recovery
residence for eight women at a time, suffering from substance abuse disorder. The
focus will be a comprehensive long term treatment plan that includes heavy I~mphasis
on individualized counseling and addiction therapy and a new component 'Relapse
Prevention" which will become the education training segment. Service is being
provided to approximately 1000/0 homeless clients, many directly from inca 'ceration
either on parole or probation.
The Relapse Prevention Program is an intensive, homework-oriented, behavior
modification group course that is co-led by Nationally Certified Addiction Counselors,
level II (NCAC II) with Masters level education, state certified in the State of Georgia
and nationally certified by the National Association of Alcohol and Drug P.ddiction
Counselors (NAADAC). Due to high levels of denial in the chemical dependent
population, group work is the chosen vehicle for the course.
The program emphasizes identification of relapse risk-factors, attitudes, thoughts,
feelings, and behavior patterns that defeat the recovery process. Structure, ec.ucation,
and positive focus is the foundation that builds continued recovery, one day at a time.
Each participant will have a progress chart with a treatment plan that includes short
and long term objectives and interventions. A high level of awareness and aCt:eptance
is given to treatment needs as determined by race, sexual orientation, ethn: city and
spiritual! religious ideation.
23
Hope House will serve approximately thirty (30) women during Januar)" 1, 1998
through December 31, 1998. CDBG funds will be used to provide staffmg: supplies,
equipment and operations for recovering women and their issues. 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. Provide services as stated in this Contract.
2. Rea~ all regulations attached herein to this Contract.
3. Maintain socio-economic data on clients and insure that 51 % of persons served
are low and moderate income persons.
4. Maintain Clients' Progress Evaluations, counseling session's attended and other
relevant data that may be required for monitoring of this activity for
compliance.
5. Request reimbursement of expenditures for line items allowed per budget.
6. Carry out activity in a timely manner.
Responsibilities of Grantee:
1 Provide Technical Assistance to assist Subrecipient in complying with a)>plicable
laws and regulations.
2. Monitor Sub recipient to determine if the activity is being carried out as
described in this Contract. (Monitoring shall consist of site visits and review of
records).
APPENDIX C
Budget
Relapse Prevention & Counseling
$ 8,0(10
Operating Costs:
(Food, Utilities, Transportation, Maintenance, Supplies, Insurance)
6,5C 0
Essential Services:
(Salary for House Manager & Fringe Benefits)
14,4C 0
Total
$28,900
24
APPENDIX D
Reporting Requirements
The Subrecipient shall submit to the Grantee the following reports for the te rm of this
agreement.
1. Quarterly Program Progress and Financial Reports or a Detailed Li~t of Cash
Receipts and Cash Disbursements.
2. Annual Program Progress and Financial Reports or a Detailed List cf Cash
Receipts and Cash Disbursements or Audit Report, if applicable.
APPENDIX E
Reports' Schedule
1. Quarterly Program Progress & Financial Reports Due:
For Reporting Period:
1st April 15, 1998
2nd July 15, 1998
3rd October 15,1998
4th January 15, 1999
January 1, 1998 - March 30, 1998
April 1, 1998 - June 30, 1998
July 1, 1998 - September 30, 1998
October 1, 1998 - December 31, 19')8
2. Annual Program Progress Report Due:
January 30, 1999
For January I, 1998 through December 31,1998
3. Audit Report due within 30 days after completion of audit.
25
ATTACHMENT #1
Regulations: Circulars & Local Procurement Policy
a. Community Development Block Grant Entitlement Program 24 CF
570
b. 24 CFR 85
"Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments," specified at 24 CFR
570.502(a).
c. OMB Circular A-122
"Cost Principles for Non-Profit Organizations," or
d. 0 MB Circular A-21
"Cost Principles for Educational Institutions"
e. OMB Circular A-110; Attachments A, B, C, F, H, N, and O.
"Grants and Agreements with Institutions of Higher Educatio.1,
Hospitals, & Other Non-Profit Organizations"
f. OMB Circular A-133, "Audits of Institutions of Higher Educ(;.tion and
Other Non-Profit Institutions"
g. Augusta-Richmond County Procurement Policy
~
ATTACHMENT #2
Forms
a. CDBG Income Verification
b. Reimbursement Request
c. Reports: Quarterly Progress
d. Reports: Annual Progress
e. Time Sheet
L
CONTRACT BETWEEN AUGUSTA, GEORGIA
Ai'ID
TUE SALVATION ARNlY lbt~. A GEORGIA CORPORATION
FOR
THE 1998 CONfMUNITY DEVELOPMENT BLOCK GR.Al'IT PROGRAi\1
THIS AGREEMENT, made and entered into on this -1K day of January, 1998,
by and between AUGUSTA, GEORGIA, by and through the Augusta-Richmond
County Commission, as the Implementor of the Community Development Block
GJ;fI,ijhr(Q~~Jhereinafter referred to as "Grantee''), and S~ V ATION ARi\1Y,
lD({t~~ (h'cre=er referred to as the "Sub recipient'').
'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
use 5301 et seq.) (the Act); and
'WHEREAS, pursuant to such Grant, the Grantee is undertaking certain programs and
services necessary for the plarming, implementation and execution of such a
Community Development Block Grant Program; and
'WHEREAS, the Grantee desires to engage the Subrecipient to render cenain services,
programs, or assistance in connection with such undertakings of the Community
Development Block Grant Program, situated in the Project Area described in
Appendix A
NOW, THEREFORE, the parties hereto do mutually agree as follows:
1. SCOPE OF SERVICE
The Subrecipient shall perform all the necessary services provided"under this Contract
in accordance with and respecting the following project:
"Food Kitchen Expansion"
The Subrecipient shall do, perform, and cany out, in a satisfactory manner, as
determined by the Grantee, the goals, objectives, and tasks set forth in Appendix B,
and incorporated herein by reference.
2. TERMS; TERMINATION
a. The services of the Subrecipient are to commence on January 1. 1998,
and shall be undertaken and completed in such sequence as to assure
their expeditious completion in the light of the purposes of this Contract
unless so otherwise specified in the Contract Section 19 (General Terms
and Conditions). This Agreement shall remain in effect until December
31, 1998, or until this Agreement is otherwise terminated. However, the
obligations of Subrecipient under Section 9 (program Income) shall
continue for any additional time period during which Subrecipient may
receive or remain in control of program income.
b. The parties agree that the Grantee may ternrinate 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 Tennination signed by the ~Iayor, 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 under any of the following
conditions:
e. Notification by HUD to the Grantee that said project is ineligible because
of project location, services provided., or any other reason cited by HUD;
1) 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
2
2) Written notification from HUD to the Grantee that the program
funds made available to the Grantee are being curtailed,
withdrawn, or otherwise restricted.
f. The Grantee also reserves the right to terminate this Contract or to
reduce the contract compensation amount if the Subrecipient
(1) Fails to file required reports or to meet project progress or
completion deadlines;
(2) Materially fails to comply with any provision of this Agreement
(which may result in suspension or tennination in accordance with
24 CFR 85.43 or ONfB Circular A-II0). [Attachment # (b)];
(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. KEY PERSONNEL
a. Subrecipient shall assign to this Contract the following key personnel:
1. Willis Howell, Commanding Officer
ll. Barbara Howell, Commanding Officer
w. Edward A Giusto, Director of Development
During the period of performance, Subrecipient shall make no substitutes of key
personnd 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
3
necessitating the proposed substitutions, complete resumes for the proposed
substitutes, and any additional information requested by the Grantee's Director
ofHND. 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 detennined 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 tennination 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., Sub recipient 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
Sub recipient 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. COMPENSATION
The Subrecipient shall be paid a total consideration of $ 15.500 for full performance
of the services specified under this Agreement. Any cost above this amount shall be
4
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 e.'"q)enditures have
been incurred by the Subrecipient and proper supporting documentation has been
submitted in conformity with the approved and executed budget document which is
attached to this Contract as Appendix C, incorporated herein by reference. In every
case, payment will be made subject to receipt of a reimbursement request for payment
from the Subrecipient specifying and certifying that such e."q)enses have been incurred
and e."q)eIlded in conformance with this Contract and that the Subrecipient is entitled
to receive the amount requested under the terms of this Contract.
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 Sub recipient 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. 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 use 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 use 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.
5
Further, any funded activity must be designed or so located as to principally benefit
lower income persons as defined in the program regulations. The Subrecipient agrees
to maintain documentation that demonstrates that the activities carried out with funds
meets the aforementioned national objective.
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, ONIB Circular A-87, "Principles for
Determining Costs Applicable to Grants and Contracts with State, Local, and
Federally Recognized" Indian Tribal Governments;" ONIB 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, OMB Circular A-122, "Cost Principles
for Non-Profit Organizations," or 01'fB Circular A-21, "Cost Principles for
Educational Institutions," as applicable; 0 NIB Circular A-133, "Audits of Institutions
of Higher Education and Other Non-Profit Institutions," and Attachments A, B, C,
F, H, N, and 0 to Oi\tfB Circular A-l10, as specified at 24 CFR 570.502(b).
Subrecipient is prohibited from using funds provided herein for political activities,
sectarian or religious activities, or lobbying activities.
9. PROGRAM INCOME
Program Income (defined at 24 CFR 570.500 and 570.504) derived from the project
is anticipated to be approximately $0.
10. REVERSION OF ASSETS
Any real property under the Subrecipient's control acquired or improved in whole or
in part with CDBG funds (including funds provided to the Subrecipient in the form of
a loan) in e."{cess of $25,000 will be used to meet one of the national objectives in
g370.208 until five years after e."'q)iration of this Contract, or for such longer period of
time as determined to be appropriate by the Grantee.
6
11. INDIRECT COSTS
Indirect costs will only be paid if Subrecipient has an indirect cost allocation plan
approved by the Deparonent of Housing and Urban Development prior to the
execution of this Contract.
12. TRAVEL
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 Sub recipient's performance of its ob~aations
hereunder and! or Sub recipient'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 Sub recipient from any obligations under this Contract.
14. INSURANCE & BONDING .'
Sub recipient shall cany 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 ~1ayor, and their officers, agents, members, employees
and successors as named insureds, as their interests may appear, and shall be issued by
an insurance carrier or carriers licensed to do business in the State of Georgia and
reasonably acceptable to Grantee. All such policies shall provide that no act or
omission of Grantee or its agents, servants, or employees shall in any way invalidate
any insurance coverage for the other named insureds. No insurance policy providing
any insurance coverage required to be provided by Sub recipient 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.
i
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
Sub recipient 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 Nleetings Law if it receives more than
331130/0 of its funds from taxpayer sources. Accordingly, the Subrecipient will take the
following compliance measures: it will notify the Augusta Chronicle, and the Augusta
F oeus or the Nletro 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.
18. ENTIRE CONTRACT; ALTERATION
TIlls Agreement is the entire agreement between the parties hereto. No alteration or
variation in the tenns of this Agreement shall be valid unless made in writing and
signed by the parties hereto.
8
19. 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. CLlE.L~l DATA
Subrecipient agrees to maintain racial, ethnic, gender, head of household,
household income, and household size data showing the extent to which these
categories of persons have participated in, or benefited from the project, and to
submit this information to the Grantee within 30 days after December 31, 1998.
C. RECORDS TO BE MAll'ITAIN'"ED
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;
ll. Records demonstrating that each activity undertaken meets one of
the National Objectives of the CDBG Program;
Ill. Records required to determine the eligibility of activities;
IV. Financial records as required by 24 CFR Part 570.502, and OMB
Circular A-133; and
v. Other records necessary to document compliance with Subpart K
of24 CFR 570.
Subrecipient agrees to keep all necessary books and records, including property,
personnel and financial records, in connection with the operations and services
penormed 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 ONffi Circular A-133. However, if an audit is not required,
the Subrecipient agrees ,to provide quarterly financial reports to the Grantee.
9
D. ACCESS TO RECORDS
The Sub recipient a;:,arees 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 tennination 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 stan 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. PER.J.\tfITS
The Sub recipient agrees to obtain all necessary permits for intended
improvements or activities.
G. AFFIRNIATIVE ACTION
The Subrecipient, if its program involves housing, agrees to affirmatively further
fair housing.
H. CONTLICT OF IN1EREST
The Sub recipient 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
Sub recipient who e..~ercises 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
10
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.
1. AUTHORIZATION TO E.."XEGlTTE AGREENIENT
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 Sub recipient 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 use 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. INTIEPENDENT CONTRACTOR
Nothing contained in this Agreement is intended to, or shall be consuued 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.
11
L. PROCUREMENT
The Subrecipient shall comply with Augusta-Riclunond County's current policy
concerning the purchase of equipment and shall maintain an inventory record
of all non-expendable personal propeny as defined by such policy and as may
be procured with funds provided herein.
20. OTHER PROVISIONS
A Equal Employment Opportunity
The following provisions (1) and (2) are applicable to all contracts and
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,
sex, age, handicap, disability, se.."rual orientation, ancestry, national
origin, marital status, familial status, or any other basis prohibited
by applicable law. The Sub recipient shall takeaffinnative action
to ensure that applicants are employed and that employees are
treated during employment without regard to their race, color,
creed, religion, se.."{, age, handicap, disability, sexual orientation,
ancesoy, 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 fonDS 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 Sub recipient 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, se.."Olal orientation, ancestry, national origin, marital
status, or any other basis prohibited by applicable law.
12
(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
Sub recipient'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.
(6) In the event of the Subrecipient's noncompliance with the
nondiscrimination clauses of this Contract or with anv of the said
J
rules, regulations, or orders, this Contract may be canceled,
terminated, or suspended in whole or in part and the Sub recipient
may be declared ineligible for further Government contracts or
federallv assisted construction contracts in accordance with
J
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 othenvise 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 e.,,<:empted by rules, regulations, or orders of the Secretary of
Labor, issued pursuant to Section 204 of Executive Order 11246
13
of September 24, 1965, as amended, so that such p~ovisions will
be binding upon each subcontractor or vendor. The Sub recipient
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 Sub recipient 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 ofHUD (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, se.,,<:, age, handicap, disability, se."illal orientation, ancestry,
national origin, marital status, familial status, or any other basis
prohibited by applicable law be e."<:cluded 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:
a. Deny any facilities, services, financial aid, or other benefits
provided under the program or activity.
b. 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.
14-
c. 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.
d. Restrict in any way access to, or the enjoyment of any advantage
or privilege enjoyed by other.) in connection with facilities, services,
financial aid or other benefits under the program or activity.
e. Treat an individual differendy 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.
f. peny 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 (510/0) 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 starns as minority and female business
enterprises in lieu of an independent investigation.
D. SECTION 3 CLAUSE
The Subrecipient will conform with the rules and regulations set forth under Section
3 of the Housing and Urban Development Act of 1968, (12 USC 1701 u), as amended,
and the HlTD regulations issued pursuant thereto at 24 CFR Part 135. This Act
requires that, to the greatest e.~ent 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
15
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 Sub recipient 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 amende~ and the clause shall be inserted as a component part of any
contract or subcontract.
If a Subrecipient solicits or requests an invitation for bids, every effort feasible will be
made to contact minority-owned and women-owned business enterprises for a response
to the solicitation or invitation for bidders.
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 vn of the Civil Rights Act of 1968 (pL 90-284) as amended and will
administer all programs and activities related to housing and community development
in a manner to affirmatively further Fair Housing.
F. Labor Standards
Except with respect to the rehabilitation of residential property designed for residential
use for less than eight households, the Subrecipient and all subcontractors engaged in
contractS in excess of $2,000 for the construction, completion, rehabilitation, or repair
of any building or work financed in whole or in part with assistance provided under
this Agreement are subject to the federal labor standards provisions which govern the
payment of wages and the ratio of apprentices and trainees to journey workers. Under
the tenns 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
16
those prevailing on similar construction in the locality as detennined 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 Sub recipient 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 F ederal Water Pollution Control Act (Applicable to
Contracts and Subcontracts, which exceed $100,000).
The Subrecipient shall comply with and require each subcontractor to comply with all
applicable standards of the Clean Air Act of 1970 (42 use 1857 et seq.), as amended,
the Clean Air Act of 1990, the Federal 'Vater 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 rime to time.
1. Provisions of the Hatch Act
Neither the Sub recipient program nor the funds provided therefor, nor the personnel
employed in the administration of the program shall be in any way or to any extent
engaged in the conduct of political activities in contravention of Chapter 15 of Title
5, United States Code.
J. Lead-Based Paint
Any grants or loans made by the Subrecipient for the rehabilitation of residential
structures with assistance provided under this Agreement shall be made subject to the
17
provisions for the elimination oflead-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 consnucted prior to 1978 be properly notified that such properties may
contain lead-based paint. Such notification shall point out the hazards oflead-based
paint and explain the symptoms, treatment, and precautions that should be taken
when dealing with lead-based paint poisoning.
K. Special Assessments
Subrecipient will not attempt to recover any capital costs of public improvements
assisted in whole or in part with funds provided under Section 106 of the Act or with
amounts resulting from a guarantee under Section 108 of the Act by assessing any
amount against properties owned and occupied by persons of low and moderate
income, including any fee charged or assessment made as a condition of obtaining
access to such public improvements, unless: (1) funds received under Section 106 of
the Act are used to pay the proportion of such fees or assessment that relates to the
capital costs of such public improvements that are financed from revenue sources other
than under Title I of the Act, or (2) for purposes of assessing any amount against
properties owned and occupied by persons of moderate income, the grantee certifies
to the Secretary ofH(JD that it lacks sufficient funds received under Section 106 of the
Act to comply with the requirements of subparagraph (1).
L. Acquisition, Rehabilitation, and Demolition of Real Property and
Displacement of Persons and Businesses
Subrecipient will comply with the "Grantee's Community Development Block Grant
Program Plan for iYfinimizing 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 Appendi"{ B or Appendix C, Subrecipient will not cause
either temporary or permanent involuntary displacement of persons or businesses. If
18
.
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 lO4(d) of the Act, and the implementing regulations
at 49 CFR 24 and 24 CFR 570.606. Subrecipient hereby agrees to defend, to pay,
and to indemnify the Grantee from and against any and all claims and liabilities for
relocation benefits or the provision of replacement dwelling units required by federal
statutes and regulations in connection with activities undertaken pursuant to this
Agreement.
M. Lobbying Restrictions
Subrecipient certifies that, to the best of its knowledge and belief:
No Federal appropriated funds have been paid or will be paid, by or on behalf of it,
to any person for influencing or attempting to influence an officer or employee of any
agency, a Nfember of Congress, an officer or employee of Congress, or an employee
of a Nfember of Congress in connection with the awarding of any Federal contra~ the
making of any Federal Grant, the making of any F ederalloan, the entering into of any
cooperative agreement, and the e.~ension, 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 Nlember 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 Nf be included in the award
documents for all sub awards at all tiers (mcluding subcontractors, subgrants, and
contracts under grants, loans, and cooperative agreements) and that all subrecipients
shall certify and disclose accordingly.
TIlls certification is a material representation of fact upon which reliance was placed
19
.0
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by Section 1352, Title
31, United States Code. Any person who fails to file the required certification shall be
subject to a civil penalty of not less than $10,000 and not more than $100,000 for each
such failure.
N. Provisions Required by Law Deemed Inserted
Each and every provision of law and clause required by law to be inserted in this
Contract shall be deemed to be inserted herein and the contract shall be read and
enforced as though it were included herein, and if through mistake or otherwise any
such provision is not inserted, or is not correctly inserted, then upon the application
of either party the contract shall forthwith be physically amended to make such
insertion or correction.
O. mSTORICPRESERVATION
If applicable, the Sub recipient agrees to comply with the Historic Preservation
requirements set for in the National Historic Preservation Act of 1966, as amended (16
V.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, e.xcept where it is herein
specifically provided to the contrary. Subrecipient shall provide the scope
of services in accordance with the schedules set forth in Appendix B.
20
IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first
written above.
ATTEST:
AUGUSTAr GEORGI.~
(Gr tee)
SEAL
B.
~1t!~
Clerk of Commission
ThIa iloeumtnl apjIrov.d as
)lil~~~~i~
omey 1 ale
A GEORGIA CORPORATION
ATTEST:
THE SALVATIONARMYr~
Subrecipient
SEAL
~ d'-~~
/ ~tness)
21
APPENTILX A
Project ~
The project is located at 1384 Greene Street, Augusta, Georgia 30901.
APPENTIIX B
Goal&a OQjectives. and Tasks
The Salvation Army is the primary provider of shelter to the homeless in the Augusta area.
In 1996, The Salvation Army served over 93,000 meals to homeless individuals averaging
255 meals per day (breakfast, lunch, dinner and Soup Line).
Because many areas of the state have experienced a reduction in their welfare roles
beginningJanuary 1997, there has been a noticeable increase in the nwnber of "transients"
at the agency applying for assistance and/or food. The Salvation Army has seen the
demand for food increase dramatically since then. As of July 15, 1997, the average nwnber
of meals served (295 per day) at the agency is up 4{) meals per day from the same period in
1996. Approximately 16,000 local indigent individuals will be denied food stamps this year.
The present dining facility can only accommodate 4{) persons. The equipment is inadequate
and too old for an operation of this magnitude. In addition, the dining room must be
increased in size and more space provided for cooling and food storage in the kitchen to
accommodate the additional people. The agency will serve over 100,000 persons during the
program year.
The CDBG funds will be used to purchase a commercial freezer and oven for the kitchen
expansion. The equipment shall be purchased and installed by December 31, 1998.
Responsibilities of Sub recipient:
1 Provide services as stated in this Contract.
2. Read all regulations attached herein to this Contract.
3. Maintain soci~onomic data on clients and insure that 51 % of persons served
are low and moderate income persons.
4. Follow proper procurement procedures.
5. Incorporate all Federal requirements in contract documents.
6. Submit to Grantee a copy of plans and specifications for review and approval
before project is let for bid.
7. Notify Grantee of Bid date and Pre-construction meeting.
22
Responsibilities of Grantee:
1. Provide Technical Assistant to assist Sub recipient in complying with applicable
laws and regulations.
2. Assist agency with procurement procedures.
3. Provide all materials pertaining to Federal requirements for inclusion in contract
documents.
4. Attend Bid opening and Pre-construction meeting.
5. Monitor Subrecipient to determine if the activity is being carried out as
described in this Contract. (Nlonitoring shall consist of site visits and review of
records).
6. Monitor project for Compliance with Davis-Bacon Act and other Federal Labor
Provisions.
APPEL"\fDIX C
Budget
1 Commercial Freezer
1 Commercial Convection Oven
Total
$13,000
2,500
$15,500
APPE1~TIIX D
Reporting Requirements
The Subrecipient shall submit to the Grantee the following reports for the term of this
agreement.
1. Quarterly Program Progress and Financial Reports or a Detailed List of Cash
Receipts and Cash Disbursements.
2. Annual Program Progress and Financial Reports or Detailed List of Cash
Receipts and Cash Disbursements or Audit Report, if applicable.
3. Use of Equipment for five (5) years after the e.'"q>iration of this agreement.
23
APPENDIX E
ReportS' Schedule
1. Quarterly Program Progress & Ymancial Reports Due:
1st April 15, 1998
2nd July 15, 1998
3rd October 15, 1998
4th January 15, 1999
For Reporting Period:
January 1, 1998 - J\lIarch 30, 1998
April 1, 1998 -June 30, 1998
July 1, 1998 - September 30, 1998
October 1, 1998 - December 31, 1998
2. Annual Program Progress, Financial Reports and Use of Equipment
1 st January 30, 1999
2nd January 30, 2000
3rd January 30, 2001
4th January 30, 2002
5th January 30, 2003
January 1, 1998 through December 31, 1998
January 1, 1999 through December 31, 1999
January 1, 2000 through December 31, 2000
January I, 2001 through December 31, 2001
January 1,2002 through December 31,2002
3. Audit Report due within 30 days after completion of audit.
24
. .
ATTACHMENT #1
Regulations, Circulars & Local Procurement Policy
a. Community Development Block Grant Entidement Program 24 CF 570
b. 24 CFR 85
"Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments," specified at 24 CFR
570.502(a).
c. QJ\tfB Circular A-122
"Cost Principles for Non-Profit Organizations," or
d. OM:B Circular A-21
"Cost Principles for Educational Institutions"
e. OiYfB Circular A-I10; Attachments A, B, C, F, H, N, and O.
"Grants and Agreements with Institutions of Higher Education,
Hospitals, & Other Non-Profit Organizations"
f. OMJ3 Circular A-133, "Audits of Institutions of Higher Education and
Other Non-Profit Institutions"
g. Augusta-Richmond County Procurement Policy
25
~ .-
ATTACHMENT #2
Forms
a. CD BG Income Verification
b. Inventory
c. Reimbursement Request
d. Reports: Quarterly Program Progress
e. Reports: Annual Program Progress
26
L . J
CONTRACT BETVVEEN AUGUSTA, GEORGIA
AND
The Senior Citizens Council of Greater Augusta and the CSRA, Georgia, Inc.
FOR
THE 1998 COlvlMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
THIS AGREEMEl\TT, made and entered into on this ---In.. day of January, 1998,
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 1HE SENIOR CITIZENS
COUNCIL OF GREATER AUGUSTA AND THE CSRA, GEORGIA, INC.,
(hereinafter referred to as the "Subrecipient").
WHEREAS, the Grantee has received a Community Development Block Grant from
the United States Department of Housing and Urban Development (HUD) under
Title I of the Housing and Community Development Act of 1974, as amended (42
USC 530 I et seq.) (the Act); and
VVHEREAS, 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 Sub recipient 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, 1HEREFORE, 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:
"Senior Citizens Transportation Services"
The Senior Citizens' Council administers the Nutrition Services Program for the
elderly that provides congregate and home-delivered meals to elderly persons through
\. .
a network of sponsoring agencies at Senior Centers throughout the CSRA. Assistance
will be used to provide transportation services for seniors citizens to Blythe,
Hephzibah, McBean and the Savannah Place Senior Centers.
The Sub recipient shall do, perform, and carry out, in a satisfactory manner, as
determined by the Grantee, the goals, objectives, and tasks set forth in Appendix B,
and incorporated herein by reference.
2. TERMS; TERMINATION
a. The services of the Sub recipient are to commence on January 1 ~ 1998,
and shall be undertaken and completed in such sequence as to assure
their expeditious completion in the light of the purposes of this Contract
unless so otherwise specified in the Contract Section 19 (General Terms
and Conditions). This Agreement shall remain in effect until December
31, 1998, or until this Agreement is otherwise terminated.
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
Sub recipient, and specifically setting forth the effective date of
termination.
c. Either party may terminate this Contract, ,,,,ithout further obligation, for
the default of the other party or its agents or employees with respect to
any agreement or provision contained herein upon 15 days written notice
to the other party. All reports or accountings provided for herein shall
be rendered whether or not falling due within the contract period.
d. Further, the Grantee reserves the right to terminate this contract upon
written notification to the Subrecipient under any of the following
conditions:
2
I) Notification by HUD to the Grantee that said project is ineligible
because of project location, services provided, or any other reason
cited by HUD;
2) Notification by HUD to the Grantee that said project is deficient
and that continued support of the project is not providing an
adequate level of services to low income and minority people; or
3) Written notification from HUD to the Grantee that the program
funds made available to the Grantee are being curtailed,
withdrawn, or otherwise restricted.
e. The Grantee also reserves the right to terminate this Contract or to
reduce the contract compensation amount if the Subrecipient:
(1) Fails to file required reports or to meet project progress or
completion deadlines;
(2) Materially fails to comply with any provision of this Agreement
(which may result in suspension or termination in accordance with
24 CFR 85.43 or Oi\1B Circular A-110). [Attachment #1 (b & e)];
(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
I .
3. KEY PERSONNEL
a. Sub recipient shall assign to this Contract the following key personnel:
1. Ronald W. Schoeffler, Executive Director
11. Roberta Reinert, Program Director
Ill. Kathleen Wilson
IV. Rosalind Culbreath-Jenkins
b. During the period of performance, Sub recipient shall make no substitutes
of key personnel unless the substitution is necessitated by illness, death,
or termination of employment. Sub recipient shall notify the Grantee
Director ofHND 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.
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
4
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. COMPENSATION
The Subrecipient shall be paid a total consideration of $ 40:500 for full performance
of the services specified under this Agreement. Any cost above this amount shall be
the sole responsibility of the Subrecipient. Subrecipient shall submit monthly requests
for payments to the Housing and Neighborhood Development (HND) Department.
Compensation shall be allowed on a reimbursement basis, only after expenditures have
been incurred by the Subrecipient and proper supporting documentation has been
submitted in conformity with the approved and executed budget document which is
attached to this Contract as Appendix C, incorporated herein by reference. In every
case, payment will be made subject to receipt of a reimbursement request for payment
from the Subrecipient specifying and certifying that such expenses have been incurred
and expended in conformance with this Contract and that the Subrecipient is entitled
to receive the amount requested under the terms of this Contract.
Payments will be made on a monthly basis only with a 3~-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.
5
8. USE OF FUNDS
Use of funds received pursuant to this Agreement shall be in accordance "vith 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. 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 as defined in the program regulations. The Subrecipient agrees
to maintain documentation that demonstrates that the activities carried out with funds
meets the aforementioned national objective.
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, OMB Circular A-87, "Principles for
Determining Costs Applicable to Grants and Contracts with State, Local, and
Federally Recognized Indian Tribal Governments;" O:MB 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, OMB Circular A-122, "Cost Principles
for Non-Profit Organizations," or 0 MB Circular A-21, "Cost Principles for
Educational Institutions," as applicable; OMB CircUlar A-133, "Audits of Institutions
of Higher Education and Other Non-Profit Institutions," and Attachments A, B, C,
F, H, N, and 0 to OMB Circular A-110, as specified at 24 CFR 570.502(b).
6
I .
Subrecipient is prohibited from using funds provided herein for political activities,
sectarian or religious activities, or lobbying activities.
9. PROGRAM INCOME
Program Income (defmed at 24 CFR 570.500 and 570.504) derived from the project
is anticipated to be approximately $0.
10. REVERSION OF ASSETS
Any real property under the Subrecipient's control acquired or improved in whole or
in part with 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. 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
Subrecipient shall obtain prior written approval from the Grantee for any travel
outside the metropolitan area ,vith funds provided under this Contract. All Federal
Travel Regulations are applicable (41 CFR Part 301).
13. INDEMNIFICATION
Sub recipient 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, fmal or otherwise, shall operate to
release the Subrecipient from any obligations under this Contract.
7
I .
14. INSURANCE & BONDING
Subrecipient shall carry sufficient insurance coverage to protect contract assets from
loss due to theft, fraud andlor undue physical damage, and as a minimum shall
purchase a blanket fidelity bond covering all employees in an amount equal to cash
advances from the Grantee. All policies providing insurance coverage required to be
maintained by Subrecipient hereunder shall list Grantee, The Augusta-Richmond
County Commission and its Mayor, and their officers, agents, members, employees
and successors as named insureds, as their interests may appear, and shall be issued by
an insurance carrier or carriers licensed to do business in the State of Georgia and
reasonably acceptable to Grantee. All such policies shall provide that no act or
omission of Grantee or its agents, servants, or employees shall in any way invalidate
any insurance coverage for the other named insureds. No insurance policy providing
any insurance coverage required to be provided by Subrecipient hereunder shall be
cancelable without at least 15 days advance written notice to Grantee. All insurance
policies required hereunder, or copies thereof, shall be provided to Grantee by
Subrecipient.
15. GRANTOR RECOGNITION
Subrecipient shall insure recognition of the role of the grantor agency in providing
services through this contract. All activities, facilities and items utilized pursuant to this
contract shall be prominently labeled as to funding source. In addition, the
Subrecipient will include a reference to the support provided herein all publications
made possible with funds made available under this contract.
16. OPEN MEETINGS LAW COMPLIANCE
Subrecipient is subject to the Georgia Open Meetings Law if it receives more than
331130/0 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.
8
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 Sub recipient, either in whole or in part.
18. ENTIRE CONTRACT; ALTERATION
This Agreement is the entire agreement between the parties hereto. No alteration or
variation in the terms of this Agreement shall be valid unless made in writing and
signed by the parties hereto.
19. GENERAL TERMS AND CONDITIONS
A. REPORTS
The Sub recipient agrees to submit to Grantee program progress and financial
reports and any other reports that may be specified in Appendix D.
B. CliENT DATA
Subrecipient agrees to maintain racial, ethnic, gender, head of household,
household income, and household size data showing the extent to which these
categories of persons have participated in, or benefitted from the project, and
to submit this information to the Grantee within 30 days after December 31,
1998.
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;
9
n. Records demonstrating that each activity undertaken meets one of
the National Objectives of the CDBG Program;
lli. Records required to determine the eligibility of activities;
IV. Financial records as required by 24 CFR Part 570.502, and OMB
Circular A-133; and
v. 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 Sub recipient receives $300,000
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 Sub recipient agrees to provide quarterly fmancial reports to the Grantee.
If Sub recipient do not prepare [mancial 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 the project.
E. RETENTION
The Subrecipient hereby severally warrants that all project records, books,
papers, and documents will be retained for a period of not less than four (4)
years after the termination of all activities funded under this contract, or after
the resolution of all Federal audit findings, whichever occurs later and grants the
Grantee the option of retention of the project records, books, papers, and
documents. The retention period shall start from the date of submission of the
Grantee's annual performance report, as presCribed in 24 CFR 91.520, in which
the specific activity is reported on for the fmal time rather than from the date
of submission of the [mal expenditure report for the award.
10
F. PERMITS
The Subrecipient agrees to obtain all necessary permits for intended
improvements or activities.
G. AFflRMATIVEACTION
The Subrecipient, if its program involves housing, agrees to affirmatively further
fair housing.
H. CONFLICT OF INTEREST
The Sub recipient 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 \-vith whom they have
family, business, or other ties. Further, no member, officer, or employee of
Sub recipient 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.
1. AUTHORIZATION TO EXECUTE AGREEMEl\TT
The undersigned person signing as an officer on behalf of the Sub recipient, 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
11
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. Il\TDEPEl\TDENT 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.
L. PROCUREMENT
The Sub recipient 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 defmed by such policy and as may
be procured with funds provided herein.
20. OTHER PROVISIONS
A. Equal Employment Opportunity
The following provisions (1) and (2) are applicable to all contracts and
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,
""
12
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 ,,,,ill receive consideration for employment
without regard to race, creed, religion, sex, age, handicap,
disability, sexual orientation, ancestry, national origin, marital
status, or any other basis prohibited by applicable law.
(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
Sub recipient'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 Sub recipient will furnish all information and reports required
by Executive Orders 11246 of September 24, 1965, as amended,
13
and by rules, regulations, and orders of the Secretary of Labor, or
pursuant thereto, and "rill 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 Sub recipient's noncompliance with the
nondiscrimination clauses of this Contract or with any of the said
rules, regulations, or orders, this Contract may be canceled,
terminated, or suspended in whole or in part and the Subrecipient
may be declared ineligible for further Government contracts or
federally assisted construction contracts in accordance with
procedures authorized in Executive Order 11246 of September 24,
1965, as amended, and such other sanctions may be imposed and
remedies invoked as provided in Executive Order 11246 of
September 24, 1965, as amended, or as otherwise provided by law.
(7) The Sub recipient 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 Sub recipient 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
J4
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:
a. Deny any facilities, services, financial aid, or other benefits
provided under the program or activity.
b. Provide any facilities, services, fmancial aid, or other benefits
which are different, or are provided in a different form from that
provided to others under the program or activity.
c. 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.
d. Restrict in any way access to, or the enjoyment of any advantage
or privilege enjoyed by others in connection with facilities, services,
fmancial aid or other benefits under the program or activity.
e. 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.
15
f. 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,
Vv omen-O\'\'l1ed Business Enterprises, and Minority-Owned Business
Enterprises.
The Sub recipient 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 0/0) 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 lules and regulations set forth under Section
3 of the Housing and Urban Development Act of 1968, (12 USC 170lu), 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 Sub recipient utilizes the bidding
procedure to let a bid, the invitation or solicitation for bids shall advise prospective
contractors of the requirements of Section 3 of the Housing and Urban Development
Act of 1968, as amended, and the clause shall be inserted as a component part of any
contract or subcontract.
If a Subrecipient solicits or requests an invitation for bids, every effort feasible will be
made to contact minority-owned and women-owned business enterprises for a response
to the solicitation or invitation for bidders.
16
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 Sub recipient v"ill comply
with Title VII of the Civil Rights Act of 1968 (pL 90-284) as amended and will
administer all programs and activities related to housing and community development
in a manner to affirmatively further Fair Housing.
F. Labor Standards
Except with respect to the rehabilitation of residential property designed for residential
use for less than eight households, the Subrecipient and all subcontractors engaged in
contracts in excess of $2,000 for the construction, completion, rehabilitation, or repair
of any building or work fmanced 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 joumeyworkers. 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
17
1973 (pL93-234). Use of any assistance provided under this Agreement for acquisition
or construction in an area identified as having special flood hazards shall be subject to
the mandatory purchase of flood insurance with the requirements of Section 102(a) of
said Act.
H. Clean Air Act and Federal Water Pollution Control Act (Applicable to
Contracts and Subcontracts which exceed $100,000).
The Subrecipient shall comply V\1.th and require each subcontractor to comply with all
applicable standards of the Clean Air Act of 1970 (42 USC 1857 et seq.), as amended,
the Clean Air Act of 1990, the Federal Water Pollution Control Act (33 USC 1251 et
seq.), as amended, and the regulations of the Environmental Protection Agency with
respect thereto, at 40 CFR Part 15, as amended from time to time.
I. Provisions of the Hatch Act
Neither the Sub recipient program nor the funds provided therefor, nor the personnel
employed in the administration of the program shall be in any way or to any extent
engaged in the conduct of political activities in contravention of Chapter 15 of Title
5, United States Code.
J. Lead-Based Paint
Any grants or loans made by the Subrecipient for the rehabilitation of residential
structures with assistance provided under this Agreement shall be made subject to the
provisions for the elimination of lead-based paint hazards under 24 CFR Part 35. The
Subrecipient, at its sole cost, will comply with the requirements of 24 CFR 570.608 for
notification, inspection, testing, and abatement procedures concerning lead-based
paint. Such regulations require that all owners, prospective owners, and tenants of
properties constructed prior to 1978 be properly notified that such properties may
contain lead-based paint. Such notification shall point out the hazards of lead-based
paint and explain the symptoms, treatment, and precautions that should be taken
when dealing with lead-based paint poisoning.
K. Special Assessments
Subrecipient will not attempt to recover any capital costs of public improvements
assisted in whole or in part with funds provided under Section 106 of the Act or with
18
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).
L. Acquisition, Rehabilitation, and Demolition of Real Property and
Displacement of Persons and Businesses
Sub recipient will comply \vith the "Grantee's Community Development Block Grant
Program Plan for Nfinimizing 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 I04(d) of the Act,
and the implementing regulations at 49 CFR 24 and 24 CFR 570.606. Unless
specifically permitted in Appendix B or Appendix C, Subrecipient will not cause
either temporary or permanent involuntary displacement of persons or businesses. If
Subrecipient causes the involuntary temporary or permanent displacement of any
person or business as a result of Community Development Block Grant Activities, it
shall comply with the Grantee's "Plan to Assist Persons Actually Displaced by
Community Development Block Grant Activities," and Subrecipient shall provide all
notices, advisory assistance, relocation benefits, and replacement dwelling units as
required by the Uniform Relocation Assistance and Real Property Acquisition Policies
Act of 1970, as amended, Section I04(d) of the Act, and the implementing regulations
at 49 CFR 24 and 24 CFR 570.606. Subrecipient hereby agrees to defend, to pay,
and to indemnify the Grantee from and against any and all claims and liabilities for
relocation benefits or the provision of replacement dwelling units required by federal
statutes and regulations in connection with activities undertaken pursuant to this
Agreement.
19
M. Lobbying Restrictions
Sub recipient 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-UL, "Disclosure
Form to Report Lobbying" in accordance with its instructions; and
It will require that the language of this paragraph M be included in the award'
documents for all subawards at all tiers (including subcontractors, subgrants, and
contracts under grants, loans, and cooperative agreements) and that all subrecipients
shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by Section 1352, Title
31, United States Code. Any person who fails to fIle the required certification shall be
subject to a civil penalty of not less than $10,000 and not more than $100,000 for each
such failure.
N. Provisions Required by Law Deemed Inserted
Each and every provision of law and clause required by law to be inserted in this
Contract shall be deemed to be inserted herein and the contract shall be read and
enforced as though it were included herein, and if through mistake or otherwise any
such provision is not inserted, or is not correctly inserted, then upon the application
20
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
V.S.C. 470) and the procedures set forth in CFR, Part 800, Advisory Council of
Historic preservation Procedures for Protection of Historic properties, insofar as they
apply to the performance of this contract.
In general, this requires concurrence from the State Historic Preservation Officer for
all rehabilitation and demolition of historic properties that are fIfty years old or older
or that are included on a Federal, State, or local historic property list.
21. MISCELLANEOUS
A. This Agreement shall be governed by and construed according to the
laws of the State of Georgia.
B. Time shall be of the essence to this Contract, except where it is herein
specifically provided to the contrary. Subrecipient shall provide the scope
of services in accordance with the schedules set forth in Appendix B.
IN WITNESS "V'HEREOF, the parties have set their hands and seals as of the date
fIrst written above.
A TrEST:
SEAL
~:
4k~
~
TIrit docuIntnt Ij.,.. . . - ...
to ItgallUlflclency and form.
L.SC> Jl;.I/~~1
A/loIney
Clerk of Commission
21
SEAL
THE SENIOR CITIZENS COUNCIL OF GREATER
AUGUSTA AND THE CSRA. GEORGIA~ INC.
(SU~
~~.
Ronald W. Schoeller
As its Executive Director
ArrEST:
By:
\~~~ ~~1~9-lA_
Hester S. Bliven
As its Corporate Secretary
~~~~.
(plain Witness)
22
APPENDIX A
Project Area
The Senior Citizen's Center is located at 535 Fifteenth Street, Augusta, Georgia.
Transportation services will be provided to the following senior centers:
Savannah Place Senior Center, 1014 Eleventh Avenue, Augusta, Georgia
Hephzibah Senior Center, 368 Windsor Springs Road, Hephzibah, Georgia
McBean Senior Center, Highway 56, McBean, Georgia
Blythe Senior Center, Church Street, Blythe, Georgia
APPENDIX B
Goals, Objectives, and Tasks
The goal of the Subrecipient is to maintain and strengthen independent living through
nutrition and transportation services that prevent premature or unnecessary
institutionalization of the elderly, to steadily increase the quality of educational, social,
cultural, nutritional, recreational, preventative and limited medical programs and services
that promote physical, financial and mental health.
The objective of the Senior Citizens Transportation Services Program is to provide low and
moderate income elderly persons with transportation to and from Senior Centers for noon
day congregate day meals and recreational activities. Also, the van shall be used for Home-
Delivered Meals for seniors who are physically unable to travel. The Subrecipient shall
operate a total of two vans for this activity. One van will be in operation six hours per day
to transport seniors to the Savannah Place Senior Center to eat noonday meals not to exceed
250 serving days. The second van will be in operation 8 hours per day to transport seniors
to the Blythe, McBean and Hephzibah Senior Centers for meals not to exceed 250 serving
days. .
The Subrecipient shall maintain Monthly Mileage/Gas Logs, Monthly Maintenance/Repair
Logs, Monthly Client Logs and Time Sheets for each driver.
This activity shall be completed by December 31, 1998. 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.
23
. .
Responsibilities of Subrecipient:
1. Provide services as stated in this Contract.
2. Read all regulations attached herein to this Contract.
3. Maintain socia-economic data on clients and insure that 51 % of persons served are low and
moderate income persons.
4. Request reimbursement of expenditures for items allowed per budget.
5. Carry out activity in a timely manner.
Responsibilities of Grantee:
1. Provide Technical Assistance to assist Subrecipient in complying with applicable laws and
regulations.
2. Monitor Subrecipient to determine if the activity is being carried out as described in this
Contract. (Monitoring shall consist of site visits and review of records).
APPENDIX C
Budget
Salary
Fringe Benefits
Equipment Maintenance
Gas
Insurance
Indirect Cost
Total
$22,500
3,000
5,000
7,000
1,000
2,000
$40,500
APPENDIX D
Reporting Requirements
The Subrecipient shall submit to the Grantee the following reports for the term of this
agreement.
1. Quarterly Program Progress
2. On a Quarterly basis - Monthly Mileage/Gas Logs, Monthly
Maintenance/Repair Logs, Monthly Client Logs and Time Sheets for each
driver.
3. Annual Program Progress
4. Audit Report
24
~
APPENDIX F
Reports' Schedule
1. Quarterly Program Progress & Financial Reports Due:
1st April 15, 1998
2nd July 15, 1998
3rd October 15, 1998
4th January 15, 1999
For Reporting Period:
January 1, 1998 - March 30, 1998
April 1 , 1998 -June 30, 1998
July 1, 1998 - September 30, 1998
October 1, 1998 - December 31, 1998
2. Annual Program Report
January 30, 1999
For January 1, 1998 through December 31, 1998
3. Audit Report due within 30 days after completion of audit.
25
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