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HomeMy WebLinkAboutRichmond County Board of Education Augusta Richmond GA . rd Uf/lrLl 130Ctvd of DOCUMENTNAME:i2- 1c..!rW-YlO . CD ) 15 J veof--I Oh DOCUMENT TYPE: ~ vee/fYlf,rr\- YEAR: J 0; q tJ BOX NUMBER: 5' FILE NUMBER: /3145' NUMBER OF PAGES: 40+ .~f .jJr ;j /.3 %JI'..r 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. ~ -" .. 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: 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 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. 3 .:;.. z 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 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 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), 5 ;:.. 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. 6 . .:;;. 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 ~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 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 7 ~ 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. 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 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; 9 :;:. 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. 10 ::~ 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 11 ... 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, 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 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, 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 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 15 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. 16 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. 17 ~ 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. 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 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 . 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 20 "' , 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. 21 . " 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) 22 . .. " 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. 23 ... .., 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 24 If' ... t 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. 25 ~-~ . , r 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 ~, . . I< ATTACHMENT #2 Forms a. Reimbursement Request b. Reports: Quarterly Program Progress c. Reports: Annual Program Progress d. Time Sheet .-.. '" " 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. .. . .. f 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; 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: (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 . 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. 4 ,. 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 7 .,' 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. 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 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. 10 '< .' 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) ~~) ~&it;- 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. 5 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. 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 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: 9 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. 10 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, 12 (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, 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 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. 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 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. 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 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. 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 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 , , .. 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 .. 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 -.. 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 . . 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 ~. r- ." 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 ... 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 ... 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 , '"' 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 ~ I, \ , : 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 ... 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 . ...... 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 ... 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. II 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: 13 (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. 14 (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. 15 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. 17 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. 18 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. 19 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. 21 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. 22 . 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. 6 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. 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 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; 9 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. 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 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, 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 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. 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 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 [(This Page Was Accidentally Left Blank)] 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 .~ . . . t ~. J ~ . , . 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 ~ , \ \ 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 1 \ 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, 3 . I " I 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. 4 " I ., 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 5 . 1 ., I 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 6 ,. I .. ~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 7 . . 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. 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 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. 9 ., . 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. 10 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. 13 (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. 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 <;: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. 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