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HomeMy WebLinkAboutSand Hill Park Project Augusta Richmond GA DOCUMENT NAME: Silnd W 1/8 ~tJt)( cV0je'C J DOCUMENT TYPE: ~ ~ tlCf YEAR: aO{Jo BOX NUMBER: l 0 FILE NUMBER: /L{Z51 NUMBER OF PAGES: L q AUGUSTA-RICHMOND COUNTY COMMISSION BOB YOUNG Mayor JAMES B. WALL CITY ATTORNEY P. O. Box 2125 454 GREENE STREET AUGUSTA, GEORGIA 30903 Bus. (706) 821-2488 Fax No. (706) 722-5984 E-Mail: Jwall@co.richmond.ga.us June 22, 2000 LEE BEARD ULME~ BRIDGES JERRY BRIGHAM '. HENRYH. BRIGHAM ANDY CHEEK RICHARD L. COLCLOUGH WILLIAM B. KUHLKE, JR. STEPHEN E. SHEPARD MARION WILLIAMS .WM. "WILLIE" H.MAY~:, III Mayor Pro Tern CHARLES R. OLIVER, P E, CPA AdmlnJstrator Ms. Lena Bonner Clerk, Commission 8th Floor, City-County Bldg. . - Augusta, GA 30911 RE: Sand Hills Park Project . Dear Lena: I enclose herewith an original of the fully executed Contract between Augusta- 'RichmondCounty Housing and'Neighborhood Development Department and the Augusta- Richmond County Recreation & Parks Department with regard to the above Project. Please include thi~; in the City's permanent records. By carbon copy ofthis letter, I am forwarding a copy to Keven Mack. With best personal regards, I am Yours very truly, ~ James B. Walr \ \ JBW/sjp Enclosure Cc: Keven Mack.. ! ""~ t"(~.r .-~~;" .,; .. "' CONTRACT BETWEEN AUGUSTA-RICHMOND COUNTY HOUSING AND NEIGHBORHOOD DEVELOPMENT DEPARTMENT AND AUGUSTA-RICHMOND COUNTY RECREATION & PARKS DEPARTMENT FOR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM THIS AGREEMENT, made and entered into on this 7th day of March, 2000, 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 AUGUSTA-RICHMOND COUNTY PARKS AND RECREATION DEPAF~TMENT, (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 Housin!~ and Community Development Act of 1974, as amended (42 USC 5301 et seq.) (he 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, situatec;l in the Project Area described in. Appendix A. NOW, THEREFORE, the parties hereto do mutually agree as follows: i 1. SCOPE OF SERVICE. The Subrecipient shall perform all the necessary services provided under this Contract in accordance with and respecting the following project: "Sand Hills Park" 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 March 7, 2000, 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 March 6, 2001, or until this Agreement is ,otherwi.se terminated. However, the obligations of -1- .1. l' '; \- - , , : 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 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 toSubrecipient, 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 noffalling 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 projectlocation, services provided, or anyother-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 orto 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 ihsuspension or termination in accordance with 24 CFR 85.43 or OMB Circular A-110. (3) Expends funds under this Agreement for ineligible aC,tivities" services, or items; -2- \ " (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: i. Tom F. Beck Jr., Director of Recreation and Parks ' 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. Subrecipientshall 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 ofthe 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 ~on-compliance with this contract. If actions to correct such substandard performance are not taken by theSubrecipientwithin 30 days following on-site , monitolring 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 completewhen 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 shali 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 theSubrecipient may be held in default. -3- . 'i \' , '( 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 Slubrecipient shall be paid a total consideration of $95,000.00 for full performance of the servicl3s 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 Subredpient 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 theSubrecipient specifying and certifying that such E!XpenSes 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 Contrclct. Clients' eligibility data shall be included with said reimbursement request. Paymemts 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 performedduring the preceding calendar month. '.TheSubrecipient shall not claim reimbursement from the Grantee for that portion of itoobligationswhich 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 Useo:f funds received pursuant to this Agreement shall be in accordance with the requirEJments of the Housing and ~ommunity 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 cOlJ1ply with other applicable laws, including the National Environmental Policy Act of 196~ (and the implementing regulations at 24. CFR 58), the Na1:ional Historic Prese,rvation 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), theiAmericans with Disabilities Act 'of 1990, the Age DiscriminationAd of 1975 (42 USC 6101) I[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. -4- Furthl~r, any funded activity must be designed or so located as to principally benefit lower income persons, aid in the prevention or elimination of slums or blight, or meet urgent community development needs, as defined in the program regulations. The 8ubrecipient agrees to maintain documentation that demonstrates that the activity carried out with CDBG funds meets the national objective of benefitting low and moderate income persons as a pUblic,service limited clientele activity. Subre~cipient agrees to comply with the uniform admil1istrative requirements specified at 24 CFR 1570.502 and 24 CFR 570.610, including: ,If the Subrecipient is a government agency, OM B 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" (implBmented at 24 CFR 44); and the sec!ions of 24 CFR 85, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments," speci'f1ed at 24 CFR 570.502(a). If theSubrecipient is not a government agency, OMB Circular A-122, "Cost Principles for .. Non-Profit Organizations," or OM B Circular A-21 , "Cost Principles for Educational 'Institutions," as applicable; OMBCircular 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). 1.,- '.:r; Submcipient 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. If applicable, the projected use of the program income shall be determined by the Grantee before execution of this Contract. TheSubrecipient shall report all "monthly" program income as defined at 24 CFR 570.504 on a quarterly basis. . The Subrecipient may ,use such income during the contract period for the designated use and shall reduce requests for additional funds by the amount of any such 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 Subrecipient will retain the said income or said income may revert to thl3 Grantee's Community Development Block Grant Program. If theSubrecipient 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 promptly to the Grantee. -5- ... I ; " i 10. REVERSION OF ASSETS , Any n~al property under the Subrecipient's control acquired or improved in whole or i~ part with CDBG funds (including funds provided to the Subrecipient in the form of a loan) in exces:s 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 'Ionger period of time as determined to be appropriate by the Grantee. 11. INDIRECT COSTS , . Indirect costs will only be paid if Subrecipient has a indirect cost allocation plan approved by th'3 Department of Housing and Urban Development prior to the execution of this Contract. 12. TRAVEL If applicable, Subrecipient shall obtain prior written approval from the Grantee for any travel outsiclethe metropolitan area with funds provided under this Contract. All Federal Travel Regulations are applicable (41 CFR Part 301). , 13. INDEMNIFICATION Submcipient 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 connHction with Subrecipient's performance or non-performance of its obligations hereunder. No payment, however, final or otherwise, shall operate to release theSubrecipient from:any obligations under this Contract. 14.' INSURANCE & BONDING . Submcipient 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 blan~et fidelity bond covering all employees in an amount equal to cash advances from the Gran;tee., All policies providing insurance coverage required to be maintained by Submcipient hereunder shall list Grantee, The Augusta-Richmond County Commission and its Mayor, and their officers, agents, members, employees and successors as named insurieds, as their interests may appear, and shall be issued by an insurance carrier or carriE;rs licensed to do busines~ in the State of Georgia and reasonably acceptable to Grantee. ' All such policies ~hall provide that no act or omission of Grantee or its agents, servclnts, or employees shall in any way invalidate any insurance coverage for the other nam~~d insureds. No insurance policy providing any insurance coverage required to be provided by Subrecipient hereunder shall be cancelable without at least 15 days advance writte!n notice to Grantee. All insurance policies required hereunder, orcopies thereof, shall be provided to Grantee by'Subrecipient. -6- , 15. GRANTOR RECOGNITION Subre~cipient shall insure recognition of the role of the grantor agency in providing services throus)h this contract. All activities, facilities and items utilized pursuant to this contract shall be prominently labeled as to funding source. In addition, theSubrecipient 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 Subreicipient is subject to the Georgia Open Meetings Law if it receives more than 33% of its funds from taxpayer sources. Accordingly, the Subrecipient will take the following comp!liance 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 ke~p 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 Subre!cipient's board meetings. Subre!cipient shall provide to the Grantee a tentative annual schedule of the Board of Directors' meetings. Publicatic;ms and' minutes of each meeting shall be submitted to " Grantee within 30 days after each meeting. 1-7. ASSIGNMENT Without the prior written consent of the Grantee" this Agreement is notassignable, by the Subre!cipient, 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. Only one amendment to said agreementshall be allowed during the program year. 19. GENERAL TERMS AND CONDITIONS a. REPORTS The Subrecipient agrees to submit to Grantee any reports necessary to monitor this agreement. b. CLIENT DATA If applicable, Subrecipient agrees to maintain racial, ethnic, gender, head of household, hOUSE!hold income, and household size data showing the extent to which these categories -7- of persons have participated in, or benefited from the project; and to submit this information to the Grantee by March 20, 2001. 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: i. Records providing a full description of each activity undertaken; ii. ,Recorqs demonstrating that each activity undertaken meets one of the National Objectives of the CDBG Program; iii. Records required to determine the eligibility of activities; iv. Financial records as required by 24 CFR Part 570.502, and OMB CircularA- 133; and . v. Other records necessary to document compliance with Subpart K of 24 CFR 570. ' Subrecipientagrees 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 dO,cument all transactions so that all expenditures may be properly audited. If the Subrecipient receives $300,000 or more in combined Jederal assistance, it agree:) to obtain an audit conducted, in accordance with OMB Circular A-'1.33. However,'if an audit is not required, the Subrecipient agrees to provide quarterly financial reports to the GrantE~e. IfSubrecipient do not prepare financial statements ona monthly 'or quarterly basis, a detailed list of cash receipts and disbursements should be submittedto 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,i 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. -8- . , . 'I' I f. PERMITS The Subrecipient agrees to obtain all necessary permits for intended improvements or activities. g. AFFIRMATIVE ACTION The Subrecipient, if its program involves housing, agrees to affirmatively further fair housing. h. CONFLICT OF INTEREST The Subrecipient hereby severally warrants that it will establish and adopt safeguards to' prohibit members, officers, and employees from using positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. Further, no member, officer, or employee of Subrecipient who exercises any functions or responsibility with respect to the program during his or her tenure or for one year thereafter, shall have any financial interest, direct or indirect, inany 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 'i 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,thiis 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 ojfthe Rehabilitation Act of 1973 (29 USC 794) (and the implementing regulations at 24 CFR B), 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, a'nd agrees to defend, hold harmless, and indemnify the Grantee from and against any and all liability for any nl)ncompliance on the part of the Subrecipient. , k. INDEPENDENT CONTRACTOR Nothirlg 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 theSubrecipient be entitled to any of -9- the ri~lhts, privileges, or benefits of Grantee employees. TheSubrecipient shall be deemed at all itimes an independent contractor and shall be wholly responsible for time, means and manner for performance of t~e 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. I. 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, (ii) are applicable to all contracts and subcontracts; provisions (Hi) through (vii) 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, 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, 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 terminatiol1, 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. (ii) 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. -10- (Hi) 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'scom'mitmemts under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (iv) The Subrecipient will comply with all provisions of Executive Order 11246, Equal Employment Opportunity, of September24, 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. (v) The Subrecipient will fumish all information and reports required by Executive Orders 11246 of September 24, 1965, as amended,' and by rules, regulations, al1d 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. (vi) 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 maybe canceled, terminated, or suspended in whole or in part and the Subrecipient. may be declared ineligible for further Govemment 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 112460f September 24, 1965, as amended, or as otherwise provided by law. (vii) The Subrecipient will include the portion of the sentence immediately preceding paragraph (i) and the provisions of paragraphs 0 through (vii) 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 subcontractoruor ,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 vendo'r 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. -11- . : ' b. Equal Opportunity in Participation Under the terms of Section 109 of the Housing and Community Development Act of 1974, and iriconformance with Grantee policy and all requirements imposed by or pursuant to the Regulati,ons 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, 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 whofe" 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, ancestry, national origin,marital status, familial status, age, handicap, disability, sex , or other basis prohibited by applicable law: i.: Deny any facilities, services, financial aid, or other benefits provided underthe program or activity. ii. Provide any facilities, services, ,financial aid, or other benefits which are different, or are provided in a different form from that provided to others.un~er the program or activity. iii. Subject to segregated or separate treatment inany facility, or in any other matter or process related to receipt of any service or benefit under the program or activity. iv. 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. v. , 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 underJhe program or activity. vi. Deny any person with the legal right to work an opportunity to participate in a program or activity as an employee. -12- . " . j 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 contra9t, the term "minority and female business enterprise," means a business at least fifty-~:me (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 bySubrecipients ; regarding their status as minority and female business enterprises in lieu' of an independent investigation. d. SECTION 3 CLAUSE The S ubrecipient 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 a'mended, 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" residE~nts 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 'plansfor. 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 Subrecipientwill comply with Title VI oftheCivil Rights Act of1964 (PL88-352, 42USC: 2000cl et seq.) and the Fair'Housing Act (42 USC 3601-20). ,In accordance with Grantee Policy, and Title VI of the Civil Rig~ts Act of 1964 (PL 88-352), in the sale, lease or other' transf:er 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, ' ances:try, 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 ~o housing and community development in a manner to affirmatively further Fair Housing. . ' -13- ;: .- ... f. Labor Standards Except with respect to the rehabilitation of residential property designed for residential use for les.s 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 bu!lding 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 raitio 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 theSubrecipient shall comply with all regulations issued pursuant to these Acts ,and with other applicable Federal laws and regulations perta'ii1ing 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 intenqed to relieve the Subrecipient of its obligation, if any, to requine payment of the higher rates. g. Flood Disaster Protection ~ This Agreement is subjectto the requirements of the Flood Disaster Protection Act of 1973 ' (PL93-234). Use of any assistal1ce 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 1 02(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, at40 CFR Part 15, as amended from timE! to time. i. Provisions ,of the Hatch Act N'eithEir 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 -14- \. \ . .. the elimination of lead-based'paint hazards under 24 CFR Part 35. TheSubrecipient, at its sole cost, will comply with the requirements of 24 CFR 570.608 for notification, inspection, testinq, and abatement procedures concerning lead-based paint. Such regulations require that all owners, prospective owners, and tenants of properties constructed prior to 1978be 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 SubrE!cipient 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 sufficiient funds received under Section 106 of the Act to comply with the requirements of' subparagraph (1). " ' '!:.' I. Acquisition, Rehabilitation, and Demolition of Real Property and. Displacement of Persons and Businesses' Submcipient will comply with the "Grantee's Community Development Block, Grant Program Rlan '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-displacementand Relocation Assistance Plan." The Subrecipient will conduct any acquisition, rehabilitation,' or demolition, of real property, and any negotiations for acquisition, rehabilitation, or d~molition 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 G!s 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 ReloGation Assistance and, Real Property Acquisition Policies Act of 1970, as amended, Sectfon 104(d) of the Act, and the implementing regulations at 49 CFR 24 and 24 CFR 570.€i06. Subrecipient hereby ag~ees 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 thjs Agreement. -15- i:" \T c, , m. Lobbying Restrictions Submcipient 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 perso,n 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 agreeiment, 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 empl,oyee of any agency, a Member of Congress, an officer or employee of Congress, or employee ofa 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 awa~d 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 tr.ansaction was made or entered into. Submission of this certification:isa 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 m"ore than $100,000 for each such failure. n. Provisions Reql!ired by Law Deemed Inserted Each and every provision of law and clause required by law to be inserted inthis Contract shall be deemed to be inserted herein' and the contract shall be read and enforced as though it were included her~in, and if through mistake or otherwise any such provision is not insert,ed, 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. ,I 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. -16- ':.~' ... 'r ~_.; r . ~. 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 schedule set forth in Appendix B: IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first written above. ATTEST: , , . ;',. ,. ~ .~~~~ftil'J:"' . f' ; -~ ~p ,"'_~_" ~I ~1 ''Z ~ , l~"..~-_S E~R\~ . ~". "~,~ .~ ""'I"'" ,.'" _ "'~ ~IO:, ',.~ ~.... ;~ 1.~.'''''':'''''.. ' ./- ~-{ ~.~'1'~~'~{~ - ..:.. ,Y" , :...~" , -', '~~ L _a J. ,Bonner ~..,.~_ Clerk-of Commission ~-,,,... --- ;- " "'.,..' ~,,:~trT~ ~~,. :--.... .... " . ---- -. - ....-- ~ Cf By ,.'.~ . 'I." ATTEST: AUQusta-Richmond County Recreation and Parks Department Subrecipient Tom F. Beck Jr. As its Director SEAL By: As its Administrator (Plain Witness) -17- . ..i."~. :;,. -.~~.. , . APPENDIX A Proiect Area The project is located on eleven (11) real estate lots situated in Richmond County, Georgia, on the! south side of Wheeler Road immediately before the Fleming Ave. intersection. Properties: 2512,2514,2520,2526,2528,2530,2536,2540 Wheeler Road, 717, 719, 731 Fleming Avenue. APPENDIX B Goals. Obiectives. and Tasks The Augusta-Richmond County Recreation and Parks Department shall acquire realty in the location indicated above, clear such realty of then existing improvements and construct a park t(~"include playground equipment, picnic equipment, fencing, parking and landscaping. Property Acquisition Playg'round Equipment Picnic Equipment IFencing Parking I_andscaping Engineering Fees Contingency TOTAL APPENDIX C Budget $40,000 $17,000 $ 2,500 $ 7,500 $ 7,500. $ 5,000 $ 7,900, $ 7,600 $95,000 -18-