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HomeMy WebLinkAboutMACH ACADEMY INC CDBG $125,000 RENOVATIONS TO FLEMING TENNIS CENTER .~~ CONTRACT BETWEEN AUGUSTA, GEORGIA 0 RIG I N AL AND MACH ACADEMY, INC. FOR. YEAR 2007 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM THIS AGREEMENT, made and entered into on this 1ST day of January 2007, 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 MACH ACADEMY, 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 Agreement in accordance with and respecting the following project: "Operation Safety Net" Life Skills Development and "Technology and Tennis for Life" The purpose of the project is to provide assistance and promote to all youths. particularly minorities. disadvantaged youths and high risk youths the importance of education, science, technology, mentoring and structured after school recreational activities. 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, 2007, and be undertaken and completed in such sequence as to assure their expeditious completion in the light of the purposes of this Agreement unless so otherwise specified in Agreement Section 20 (General Terms and Conditions). This Agreement shall remain in effect until December 31, 2007, or until this Agreement is otherwise terminated. B. The parties agree that the Grantee may terminate this Agreement or any work or delivery required hereunder, from time to time, either in whole or in part, whenever the Commission, on recommendation from the Director ofthe Augusta Housing and Community Development (AHCD) Department, shall determine that such termination is in the Grantee's best interest. '{.tf', 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 Agreement, without further obligation, for the default of the other party or its agents or employees with respect to any agreement or provision contained herein upon 15 days written notice to the other party. All reports or accountings provided for herein shall be rendered whether or not falling due within the Agreement period. D. Further, the Grantee reserves the right to terminate this Agreement upon written notification to the Subrecipient under any of the following conditions: (1) Notification by HUD to the Grantee that said project is ineligible because of project location, services provided, or any other reason cited by HUD; (2) Notification by HUD to the Grantee that said project is deficient and that continued support of the project is not providing an adequate level of services to low income and minority people; or (3) Written notification from HUD to the Grantee that the program funds made available to the Grantee are being curtailed, withdrawn, or otherwise restricted. E. The Grantee also reserves the right to terminate this Agreement or to reduce the Agreement compensation amount if the Subrecipient: (1) Fails to file required reports or to meet project progress or completion deadlines; (2) Materially fails to comply with any provision of this Agreement which may result in suspension or termination in accordance with 24 CFR 85.43 or OMB Circular A-11 O. (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 Agreement the following key personnel: (1) Betty Jones, Executive Director (2) Michael D. Harden, President of Board 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 AHCD Department 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 2 ~ substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Grantee's Director of AHCD Department. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Grantee's Director of AHCD Department will notify the Subrecipient within fifteen (15) calendar days after receipt of all required information of the decision on substitutions. This clause will be modified to reflect any approved changes of key personnel. 4. PERFORMANCE MONITORING The Grantee will monitor the performance of the Subrecipient against goals and performance standards required herein. Subrecipient agrees that Grantee may carry out monitoring and evaluation activities that include the Subrecipient offices, project sites and client interviews to ensure adherence by the Subrecipient to the scope of work, program goals, and the budget. Substandard performance as determined by the Grantee will constitute non-compliance with this Agreement. If actions to correct such substandard performance are not taken by the Subrecipient within 30 days following notification by the Grantee, Agreement termination procedures will be initiated. 5. INSPECTION AND ACCEPTANCE All tasks and reports shall be conducted and completed in accordance with recognized and customarily accepted industry practices, and shall be considered complete when services are approved as acceptable by the Grantee in writing. In the event of rejection of any tasks, reports, etc., Subrecipient shall be notified in writing and shall have ten (10) working days from date of issuance of notification to correct the deficiencies and re-submit acceptable work within said ten-day period. Failure to submit acceptable work within said ten- day period shall constitute a breach of this Agreement for which the Subrecipient may be held in default. 6. SEVERABILITY If any term or condition of this Agreement is found by a court of competent jurisdiction to be void or invalid, such invalidity shall not affect the remaining terms and conditions of this Agreement, which shall continue in full force and effect. 7. COMPENSATION The Subrecipient shall be paid a total consideration of $125.000 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 Augusta Housing and Community Development (AHCD) Department. Compensation shall be allowed on a reimbursement basis, only after expenditures have been incurred by the Subrecipient and proper supporting documentation has been submitted in conformity with the approved and executed budget document which is attached to this Agreement as Appendix C, incorporated herein by reference. In every case, payment will be made subject to receipt of a reimbursement request for payment from the Subrecipient specifying and certifying that such expenses have been incurred and expended in conformance with this Agreement and that the Subrecipient is entitled to receive the amount requested under the terms of this Agreement. Clients' eligibility data shall be included with said reimbursement request. Payments will be made on a monthly basis only with a 30-day turnaround period by Grantee. Requests for payments must be received by Grantee not later than the 15th day of each calendar month for work performed during the preceding calendar month. The Subrecipient shall not claim reimbursement from the Grantee for that portion of its obligations which has been paid by another source of revenue. The Subrecipient shall notify the Grantee in writing of all authorized personnel who shall be empowered to file requests for payment pursuant to this Agreement. 3 8. USE OF FUNDS Use of funds received pursuant to this Agreement shall be in accordance with the requirements of the Housing and Community Development Act of 1974 (as amended), 24 CFR Part 570 and other regulations governing the Community Development Block Grant Program, and any amendments or policy revisions thereto which shall become effective during the term of this Agreement. A copy of said regulations is incorporated by reference. Any unused funds remaining at the expiration of this agreement shall revert to Grantee. In addition, the Subrecipient agrees to comply with other applicable laws, including the National Environmental Policy Act of 1969 (and the implementing regulations at 24 CFR 58), the National Historic Preservation Act of 1966 as amended (16 USC 470), Section 504 of the Rehabilitation Act of 1973 (29 USC 794) (and the implementing regulations at 24 CFR 8), the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975 (42 USC 6101) (and the implementing regulations at 24 CFR 146). the prohibition against using debarred Contractors at 24 CFR 570.609, and Executive Orders 11063, 11246, as amended by Executive Order 13279 (Equal Protection of the Laws for Faith-Based and Community Organizations), 11375, 12086, and 12259. Further, any funded activity must be designed or so located as to principally benefit lower income pers'ons, aid in the prevention or elimination of slums or blight, or meet urgent community development needs, as defined in the program regulations. Subrecipient agrees to comply with the uniform administrative requirements specified at 24 CFR 570.502 and 24 CFR 570.610, including: OMB Circular A-122, "Cost Principles for Non-Profit Organizations," and OMB A-11 0 "Uniform Administrative Requirements for Grants & Agreements with Institutions of Higher Education, Hospitals and other Non-Profit Organizations, as specified at 24 CFR 570.502(b). Subrecipient is prohibited from using funds provided herein for political activities, sectarian or religious activities, or lobbying activities. 9. PROGRAM INCOME Program Income (defined at 24 CFR 570.500 and 570.504) derived from the project shall be retained by the Subrecipient and used for eligible CDBG activities subject to all applicable requirements goveming the use of CDBGfunds. All program income shall be disbursed for the eligible activities before additional CDBG funds are requested. Subrecipient shall report to Grantee annually, all program income generated as a result ofthis activity. 10. REVERSION OF ASSETS Upon termination of this Agreement, the Subrecipient shall immediately transfer to the Grantee any CDSG allocated funds on hand at the time of expiration and any accounts receivable attributable to the use of the CDBG funds. 11. RETURN OF FUNDS The Subrecipient agrees that the funds plus any monies contemplated by 24 CFR 570.503 shall be returned to the Grantee, if, in the sole discretion of the Grantee, the program benefit requirements of 24 CFR 570, as amended, are not met by the Subrecipient at any time. The calculation of any funds and/or monies which may be due hereunder shall be made in the sole discretion of the Grantee. 4 12. INDIRECT COSTS Indirect costs will only be paid if Subrecipient has an indirect cost allocation plan approved by the Department of Housing and Urban Development prior to the execution of this Agreement. 13. TRAVEL Subrecipient shall obtain prior written approval from the Grantee for any travel outside the metropolitan area with funds provided under this Agreement. All Federal Travel regulations are applicable (41 CFR Part 301). 14. INDEMNIFICATION Subrecipient agrees to indemnify and hold harmless Grantee from any and all claims in any way related to or arising out of Subrecipient's performance of its obligations hereunder and/or Subrecipient's failure to perform its obligations hereunder or related to or arising out of any damage or injury to property or persons, occurring or allegedly occurring in connection with Subrecipient's performance or non-performance of its obligations hereunder. No payment, however, final or otherwise, shall operate to release the Subrecipient from any obligations under this Agreement. 15. 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 handling funds received or disbursed and/or signing or co-signing checks to disburse funds under this agreement. The fidelity bond shall be in an amount not less than one hundred percent (100%) of the contract amount. The Subrecipient shall furnish the Grantee proof of an adequate fidelity bond within thirty (30) days of the effective date of this agreement and prior to any disbursement of funds hereunder. All policies providing insurance coverage required to be maintained by Subrecipient hereunder shall list Grantee, The Augusta-Richmond County Commission and its Mayor, and their officers, agents, members, employees and successors as named insured, as their interests may appear, and shall be issued by an insurance carrier or carriers licensed to do business in the State of Georgia and reasonably acceptable to Grantee. All such policies shall provide that no act or omission of Grantee or its agents, servants, or employees shall in any way invalidate any insurance coverage for the other named insured. No insurance policy providing any insurance coverage required to be provided by Subrecipient hereunder shall be cancelable without at least 15 days advance written notice to Grantee. All insurance policies required hereunder, or copies thereof, shall be provided to Grantee by Subrecipient. 16. - GRANTOR RECOGNITION Subrecipient shall insure recognition of the role of the grantor agency in providing services through this Agreement. All activities, facilities and items utilized pursuant to this Agreement shall be prominently labeled as to funding source. In addition, the Subrecipient will include a reference to the support provided herein all publications made possible with funds made available under this Agreement. 17. OPEN MEETINGS LAW COMPLIANCE Subrecipient is subject to the Georgia Open Meetings Law if it receives more than 33 1/3% 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 5 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. 18. ASSIGNMENT Without the prior written consent of the Grantee, this Agreement is not assignable by the Subrecipient, either in whole or in part. 19. ENTIRE AGREEMENT; ALTERATION This Agreement is the entire agreement between the parties hereto. No alteration or variation in the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto. Only one amendment to said agreement shall be allowed during the program year. 20. GENERAL TERMS AND CONDITIONS A. REPORTS The Subrecipient agrees to submit to Grantee quarterly progress 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. C. RECORDS TO BE MAINTAINED Subrecipient shall maintain all records required by the federal regulations specified in 24 CFR Part 570.506, and that are pertinent to the activities to be funded under this Agreement. Such records shall include but are not limited to the items listed below: (1) Records providing a full description of each activity undertaken; (2) Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG Program; (3) Records required to determine the eligibility of activities; (4) Financial records as required by 24 CFR Part 570.502, and OMB Circular A-133; and (5) Other records necessary to document compliance with Subpart K of 24 CFR 570. Subrecipient agrees to keep all necessary books and records, including property, personnel and financial records, in connection with the operations and services performed under this Agreement, and shall document all transactions so that all expenditures may be properly audited. If the Subrecipient receives $500,000 or more in combined federal assistance, it agrees to obtain an audit 6 conducted in accordance with OMB Circular A-133. However, if an audit is not required, the Subrecipient agrees to provide an annual financial report to the Grantee. D. ACCESS TO RECORDS The Subrecipient agrees thatthe Grantee or any authorized representative has access to and the right to examine all records, books. papers. or documents related to the project. E. RETENTION The Subrecipient hereby severally warrants that all project records, books, papers, and documents will be retained for a period of not less than four (4) years after the termination of all activities funded under this Agreement, or after the resolution of all Federal audit findings, whichever occurs later and grants the Grantee the option of retention of the project records, books, papers, and documents. The retention period shall start from the date of submission of the Grantee's annual performance report, as prescribed in 24 CFR 91.520, in which the specific activity is reported on for the final time rather than from the date of submission of the final expenditure report for the award. F. PERMITS The Subrecipient agrees to obtain all necessary permits for intended improvements or activities. G. AFFIRMATIVE ACTION The Subrecipient, if its program involves housing, agrees to affirmatively further fair housing. H. CONFLICT OF INTEREST The Subrecipient hereby severally warrants that it will establish and adopt safeguards to prohibit members, officers, and employees from using positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. Further, no member, officer, or employee of Subrecipient who exercises any functions or responsibility with respect to the program during his or her tenure or for one year thereafter, shall have any financial interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, either for themselves or those with whom they have family or business ties, for work to be performed in connection with the program assisted under this Agreement. I. AUTHORIZATION TO EXECUTE AGREEMENT The undersigned person signing as an officer on behalf of the Subrecipient, a party, to this Agreement, hereby severally warrants and represents that said person has authority to enter into this Agreement on behalf of said Subrecipient and to bind the same to this Agreement, and further that said Subrecipient has authority to enter into this Agreement and that there are no restrictions or 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 7 indemnify the Grantee from and against any and all liability for any noncompliance on the part of the Subrecipient. K. INDEPENDENT CONTRACTOR Nothing contained in this Agreement is intended to, or shall be construed in any manner to, create or establish an employer-employee relationship between the parties, nor shall any employee of the Subrecipient by virtue of this Contract be an employee of the Grantee for any purpose whatsoever, nor shall any employee of the Subrecipient be entitled to any of the rights, privileges, or benefits of Grantee employees. The Subrecipient shall be deemed at all times an independent contractor and shall be wholly responsible for time, means and manner for performance of the services required of it by the terms of this Agreement. The Subrecipient assumes exclusively the responsibility for the acts of its employees as they relate to the services provided during the course and scope of their employment. L. PROCUREMENT When procuring property, goods and services under $100,000, the Subrecipient shall follow Augusta-Richmond County's procurement procedures which reflects applicable state and local laws and regulations. For purchases of $1 00,000 or more federal laws, regulations and standards apply. M. EQUIPMENT AND PERSONAL PROPERTY (1) Use. Equipment and personal property shall be used by the Subrecipient in the program or project for which it was acquired as long as need, whether or not the project or program continues to be supported by Federal funds. (2) Disposition. When no longer needed for the original program or project, disposition of any equipment or personal property of any kind shall be determined and approved by the Grantee consistent with provisions of 24 CFR 570.202 and Circular A-110, except that (a) In all cases in which personal property is sold, the proceeds shall be program income, and (b) Personal property not needed by the Subrecipient for CDBG activities shall be transferred to the Grantee for the Community Development Program or shall be retained after submitting compensation to the Grantee for the Community Development Program. and (c) Compensation for items of equipment or personal property retained or sold shall be an amount calculated by multiplying the current market value or proceeds from sale by the percentage of CDBG funds provided on the original costs of equipment or personal property. (3) Management and Requirements. Procedures for managing equipment (including replacement equipment) and personal property, whether acquired in whole or in part with grant funds, until disposition takes place shall, as a minimum, meet the following requirements: (a) Written notification must be given to the AHCD Department within seven (7) calendar days after delivery to the Subrecipient of equipment or personal property in order for AHCD Department to effect identification and recording 8 for inventory purposes. Property records must be maintained that include a description of the property, a serial number or other identification number, the source of property, who holds title, the acquisition date and cost of the property, percentage of CDBG funds in the cost of the property, the location, use and condition of the property, and any ultimate disposition data including the date of disposal and sale price of the property. (b) A physical inventory of the property must be taken and the results reconciled with the property records at least once a year. (c) A control system must be developed to ensure adequate safeguards to prevent loss, damage or theft of the property. Any loss, damage or theft shall be investigated by the Subrecipient and reported to the Grantee. (d) Adequate maintenance procedures must be developed to keep the property in good condition. (e) If the Subrecipient is authorized or required to sell the property, proper sales procedures must be established to ensure the highest possible return. N. OWNERSHIP AND USE OF REAL PROPERTY (1) Use and Disposition. In accordance with 24 CFR 570.503(a)(8), any real property under the Subrecipient's control that was acquired or improved in whole or in part with CDBG funds shall meet the following requirements: (a) Used to meet one of the national objectives in 24 CFR 570.208 in perpetuity. The Grantee or its designee may, at its discretion, amend the term, but it shall never be less than five years for any real property acquired or improved in whole or in part using CDBG funds in excess of $25,000; or (b) Disposed of in a manner that results in the Grantee being reimbursed in the amount of the current fair market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition, or improvement of the property. (2) Change in Use. In the case of acquisition, or improvement of real property, prior to any change in use of the real property or planned use of any such property (including beneficiaries of such use) from its original approved purposed, the Subrecipient shall notify the Grantee in writing for the Grantee's written prior approval to the change of use. The calculation of any funds and/or monies which may be due hereunder as a result of any change in use shall be made at the sole discretion of the Grantee or its designee and this provision shall apply to the property in perpetuity unless the term is amended in writing by the Grantee. (3) Program Benefit. The Subrecipient agrees that the funds, plus any monies contemplated by 24 CFR 570.503(a)(8) shall be returned to the Grantee, if, in the determination of the Grantee, the program benefit requirements for use of real property, are not met by the Subrecipient at any time. The calculation of any funds and/or monies which may be due hereunder shall be determined solely by the Grantee. (4) Property Lien. Prior to disbursement of any amount of funds to the Subrecipient for 9 the acquisition, improvement, or disposition of any real property to be used for any use or purpose by the Subrecipient, the Grantee and the Subrecipient shall execute a promissory note and deed to secure debt which shall contain such terms and conditions as the Grantee in its sole discretion shall require. 21. 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, except as allowed by Executive "Order 13279, sex, age, handicap, disability, sexual orientation, ancestry, national origin. marital status, familial status, or any other basis prohibited by applicable law. The Subrecipient shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, age. handicap, disability, sexual orientation, ancestry, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of payor other forms of compensation, and selection for training including apprenticeship. The Subrecipient agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The Subrecipient will, in all solicitations or advertisements for employees placed by or on behalf of the Subrecipient, state that all qualified applicants will receive consideration for employment without regard to race, creed, religion, except as allowed by Executive Order 13279, sex, age, handicap, disability, sexual orientation, ancestry, national origin, marital status, or any other basis prohibited by applicable law. . (3) The Subrecipient will send to each labor union or representative of workers with. which it has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Subrecipient's commitments under this section, and shall post copie~ of the notice in conspicuous places available to employees and applicants for employment. (4) The Subrecipient will comply with all provisions of Executive Order 11246, Equal Employment Opportunity, of September 24, 1965, as amended by Executive Orders 11375, 13279 and 12086, copies of which are on file and available at the Grantee, " and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The Subrecipient will furnish all information and reports required by Executive Orders 11246 of September 24,1965, as amended, by Executive Order 13279 and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to its books, records, and accounts by HUD and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the Subrecipient's noncompliance with the nondiscrimination clauses 10 of this Agreement or with any of the said rules, regulations, or orders, this Agreement may be canceled, terminated, or suspended in whole or in part and the Subrecipient may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, as amended by Executive Order 13279 and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, as amended by Executive Order 13279 or as otherwise provided by law. (7) The Subrecipient will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations. or orders of the Secretary of Labor, issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, as amended, by Executive Order 13279 so that such provisions will be binding upon each subcontractor or vendor. The Subrecipient will take such action with respect to any subcontract or purchase order as HUD may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event a Subrecipient becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by HUD, the Subrecipient may request the United States to enter into such litigation to protect the interests of the United States. 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, except as allowed by Executive Order 13279, sex, age, handicap, disability, sexual orientation, ancestry, national origin, marital status, familial status, or any other basis prohibited by applicable law 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, except as allowed by Executive Order 13279, sexual orientation. ancestry, national origin, marital status, familial status, age, handicap, disability, sex or other basis prohibited by applicable law: (1) Deny any facilities, services, financial aid, or other benefits provided under the program or activity. (2) Provide any facilities, services, financial aid, or other benefits which are different, or are provided in a different form from that provided to others under the program or activity. (3) Subject to segregated or separate treatment in any facility, or in any other matter or process related to receipt of any service or benefit under the program or activity. (4) Restrict in any way access to, or the enjoyment of any advantage or privilege enjoyed by others in connection with facilities, services. financial aid or other 11 benefits under the program or activity. 12 (5) Treat an individual differently from others in determining whether the individual satisfies any admission, enrollment, eligibility, membership, or other requirement or condition which the individual must meet in order to be provided any facilities, services, or other benefit provided under the program or activity. (6) Deny any person with the legal right to work, except as allowed by Executive Order 13279, an opportunity to participate in a program or activity as an employee. C. Business and Employment Opportunities for Lower Income Residents, Women-Owned Business Enterprises, and Minority-Owned Business Enterprises. (1))- f.g- The Subrecipient will use its best efforts to afford minority and women-owned business enterprises the maximum practicable opportunity to participate in the performance of this Agreement. As used in this Agreement, the term "minority and female business enterprise," means a business at least fifty-one (51 %) 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 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 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, except as allowed by Executive Order 13279, 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. ~l) 24CFR 570.610 applies 13 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 govem 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 offload 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 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. 14 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). 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 1 04( 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 Member of Congress in connection with the awarding of any Federal Agreement, the making of any Federal Grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or employee of a Member of Congress, in connection with this Federal Contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying" in accordance with its instructions; and 15 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 agreement shall be deemed to be inserted herein and the agreement 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 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 Agreement. 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. 22. MISCELLANEOUS A. This Agreement shall be governed by and construed according to the laws of the State of Georgia. B. Time shall be of the essence to this Agreement, except where it is herein specifically provided to the contrary. Subrecipient shall provide the scope of services in accordance with the schedule set forth in Appendix B. 16 IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first written above. ATTEST: ATTEST: SEAL i' · C>~ Henry Taylor As its Corporate Secretary "" A~ ~. ~' (Plain Itness) jl.v' By 17 AUGUSTA, GEORGIA (Grantee) By: APPENDIX A Proiect Area . Fleming Tennis Center, 1850 Chester Avenue, Augusta, Georgia. APPENDIX B Goals, Obiectives, and Tasks Aoencv Backoround MACH Academy, Inc. is a 501 (c)(3) corporation which was incorporated April 1992. The organization mission is to provide assistance and promote to all youths, particularly minorities, disadvantaged youths and high risk youths the importance of education, science, technology, mentoring and structured after school recreational activities. Proiect Description MACH Academy will use Community Development Block Grant (CDBG) funds for renovations to the Fleming Tennis Center. Construction will include: a new education classroom, office, storage room, conference room, tennis court lighting and expansion of the fitness room. The City will handle all aspects of construction to include procurement and inspection of the project until completion. The completed project will allow MACH Academy to accommodate the increased demand by low income youths in the surrounding community for its after school tutoring, computer classes, life skills and tennis lessons, MACH will operate the "Operation Safety Net" Life Skills Development and "Technology and Tennis for Life" programs. Both programs consist of the following: · Computer Literacy -Youth receive instructions on basic computer operation, proper keyboarding techniques, operating and using basic computer components. · MentoringfTutoring Math and Reading - Instructors provide guidance to youth concerning making proper choices when confronted with drugs, smoking, conflict resolution, etc. - Forums are provided that allow youths to meet and interact with successful community leaders, business professionals and religious leaders that reinforce positive living skills and. behavior that contribute to the proper transition from youth to adulthood. - Youth are assisted with basic reading, writing and math skills. · Life Skills Development - Community resource persons from the Richmond County Health Department, Sheriff Department, local hospitals and other community agencies meet with youth to discuss: alternatives to pre-martial sex, peer pressure, smoking/drug prevention, stress management and anger management. 18 · Tennis/Fitness Program A comprehensive tennis program in all areas of junior development is provided. The operational hours of the facility is Monday through Friday 8:30 a.m. to 8 p.m. and Saturday. The educational programs will be offered 3 p.m. to 8 p.m. Monday thru Friday. T arQeted Population MACH programs target low income youth in the surrounding community (Census Tract 105.10), Juvenile Court, Serenity, Alternative Schools, Cherry Tree public housing, and Sand Bar Manor public housing. Goals · Complete architectural designs by May 2007 · Solicit construction bids early June 2007 · Hold pre-bid conference by late June 2007 · Conduct Bid Opening July 2007 · Award construction contract by August 2007 · Hold Preconstruction Conference by September 2007 · Begin construction by October 2007 · Complete construction by December 2007 Upon completion of construction, MACH anticipates providing services to approximately 205 youth, of which, 120 will be low and moderate income. APPENDIX C Budqet Construction and AlE $125,000 APPENDIX D Reoortinq Reauirements The Subrecipient shall submit to the Grantee the following reports for the term of this agreement. 1. Monthly Progress Reports: Due the 15th day of the month for prior month activities. 2. Annual Reports: · Due January 15, 2008 for period covering January 1, 2007 through December 31,2007. · Program Income 3. Audit Report (Due 30 days after completion of audit). 4. Use of Facility Certification - Annually for five (5) years after completion of project. 19 ATTACHMENT #1 Reaulations. Circulars & Local Procurement Policv 1. Community Development Block Grant Entitlement Program 24 CFR 570 2. OMB Circular A-122 "Cost Principles for Non-Profit Organizations" 3. OMB CirclJlar A-110 "Grants and Agreements with Institutions of Higher Education, Hospitals, & Other Non-Profit Organizations" 4. OMB Circular A-133, "Audits of Institutions of Higher Education and Other Non-Profit Institutions" . 5. Augusta-Richmond County Procurement Policy ATTACHMENT #2 Forms 1. Use of Facility Certification 2. Monthly Progress Report 3. Annual Report 19