HomeMy WebLinkAbout2002 Community Development Block
Augusta Richmond GA
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DOCUMENT TYPE:
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2002 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
B-2002-MC-13-0003
Esti[Tlate
Entitlement~rant $2,903;000.00
Program Income 80,000.00
Total Funds Available $2,983,000.00
PROPOSED
IOIS# Project # PROJECT BUDGET $
Acquisition
02010 Hope House 50,000.00
Public Facilities & Improvements
02030 Boys & Girls Club 50,000.00
02031 Family Y 100,000.00
02032 Girls Club 1,727.59
02033 Parks Imp - McDuffie Woods & Meadowbrook 200,000.00
Public Services f
02050 30901 Development Corporation - wr Johnson ,-- 15,000.00
02051 Able DisAbled 20,000.00
,02052 Art Factory 6,000.00
, 02053 Augusta Mini Theatre ,/ 5,000.00
02054 Augusta Yduth Center ../ 36,000.00
02055 Augusta Urban Ministries 10,000.00
02056 CSRA EOA ' 20,500.00
02057 Coordinated Health Services 8,000.00
02058 Golden Harvest Food Bank!'Brown Bag" 20,000,00
02059 Hope House 10,000.00
02060 Housing Authority 20,000.00
02061 JWC Helping Hands 13,500.00
02062 Lucy Laney Museum 10,000.00
02063 MACH Tennis & Chess 10,000.00
02064 Neighborhood Improvement Project 10,000.00
02066 Senior Center - Senior Transportation 10,000.00
02067 Shelter & Advocacy for Abused Children . 5,000.00
02068 Shiloh Center ../ 21,000.00
Clearance & Demolition .-
02040 ARC Land Bank Authority 50,000.00
Rehabilitation
02140 Housing Rehabilitation Program 500,000.00
02140 Owner-Occupied 375,000 ' '
02142 Emergency Grants 50,000
02146 World Changers 75,000
02147 Transition Center 75,000.00
Economic Development
02181 ED Loan Program 124,000.00
Code Enforcement
02150 ARC Inspection Department . 185,672.41
Special Activities by CaDO
02184 30901 Development Corporation (loan), 400,000.00
02185 ANIC 200,000.00
Repayment of Section 108 Loan Principal
02190 aide Town Properties 200,000.00
Program Administration & Planning
02200 ARC Planning Commission 35,000.00
02210 General Administration 541,600.00
02211 Fair Housing Study Update 20,000.00
TOTAL $2,983,000.00
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PROPOSED
Project # PROJECT BUDGET $
Public Services
Augusta Task F()r~e for the Homeless 40,000.00
Catholic Social Services 35,000.00
SAFE Homes 25,000.00
TOTAL $100,000.00
R-UDAG FUNDS
2002 EMERGENCY SHELTER GRANT PROGRAM
S-2002-MC-13-0004
Entitlement Grant
. Estimate
$99,000.00
PROPOSED
IDlS # Project # PROJECT BUDGET $
0201 Antioch Ministries 5,823.53
0202 Augusta Task Force for the Homeless 5,823.53
0203 Augusta Urban Ministries 5,823.53
0204 Catholic Social Services 5,823.53
0205 Coordinated Health Services 5,823.53
0206 CSRA EOA 5,823.53
0207 Golden Harvest Food Bank 5,823.53
0208 Good Hope Social Services Ministries 5,823.53
0209 Hale Foundation 5,823.53
0210 Hope House 5,823.53
0211 Interfaith Hospitality 5,823.53
0212 JWC Helping Hands 5,823.53
0213 Light of the World Neighborhood & ED 5,823.53
0214 S1. Stephen Ministries 5,823.53
0215 SAFE Homes 5,823.53
0216 Salvation Army 5,823.53
0217 Transition Center 5,823.52
TOTAL $99,000.00
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2002 HOME INVESTMENT PARTNERSHIP PROGRAM
M-2002-MC-13-0206
Estimate
Entitlement Grant $1,457,000.00
Program Income (estimate) 150,000.00
Total Funds Available $1,607,000.00
EXISTING FUNDS
Existing Program Income $ 213,028.00
HOME Administration (2000-87,900 & 2001-145,700) 233,600.00
Total Funds Available $446,628.00
TOTAL
$2,053,628.00
\DIS # I Project # I I PROPOSED
PROJECT BUDGET $
HOME Projects
I 02206 I PROJECTS I 1,211,300.00
HOME Administration
I 02207 I ADMINISTRATION I 145,700.00
CHDO
I 02208 I CHDO - LWDC Summerfield East Enhancements I 250,000.00
TOTAL I $1,607,000.00
HND - Down Payment Assistance
HND - Demo/Rebuild
HND - Rental Rehab
AFH - Habitat for Humanity
30901 DC
Antioch Ministries
Housing Development
Promised Land CDC
East Augusta CDC
LWDC - CHDO
Sand Hills
Administration
Total
$ 50,000
$ 225,000
$ 100,000
$ 100,000
$ 200,000
$ 200,000
$ 300,000
$ 150,000
$ 75,000
$ 250,000
$ 200,000
$ 203,628
$, 2,053,628
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CONTRACT BETWEEN AUGUSTA, GEORGIA
AND
AUGUSTA YOUTH CENTER, INC.
FOR
THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
-ORIGINAL
THIS AGREEMENT, made and entered into on'this 16th day of October, 2001, 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 YOUTH CENTER,. 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, imp1e.mentation 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 Slock Grant
Program, situated in the Pro,iect Area described in Appendix A.
NOW, THEREFORE, the parties hereto do mutually agree as follows:
1. SCOPE OF SERVICE
.
The Subrecipient shall perform all the necessary services provided under this Contract in
accordance with and respecting.the ~ugusta Youth Center Project which is a multi-purpose youth
center that offers programs designed to enhance skills needed for successful living and provide
opportunities for recreational and personal enrichment for low income youths in Augusta -
Richmond County.
The Subrecipient shall do, perform, and carry out, in a satisfactory manner, as determined
by the Gfantee, 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 October 16,2001 ,and shall
be undertaken and completed jn 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 October 16, 2002, or until this Agreement is otherwise
terminated.
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b. The parties agree that the Grantee may terminate this Contract or any work or
delivery required hereunder, from time to time, either in whole or in part, whenever
the Commission, on recommendation from the Director of the Housing and
Neighborhood Development Department (HND), shall determine that such
termination is in the Grantee's best interest. Termination, in whole or in part, shall
be effected by delivery of a Notice of Termination signed by the Mayor, mailed or
delivered to Subrecipient, and specifically setting forth the effective date of
termination.
c. Either party may terminate this Contract, without further obligation, for the default
of the other party or its agents or employees with respect to any agreement or
provision contained herein upon 15 days written notice to the other party. All reports
or accountings provided for herein shall be rendered whether or not falling due
within the contract period.
d. Further, the Grantee reserves the right to terminate this contract upon written
notification to the Subrecipient under any of the following conditions:
(1) Notification by HUD to the Grantee that said project is ineligible because of
project location, services provided, or any other reason cited by HUD;
(2) Notification by HUD to the Grantee that said project is deficient and that
continued suppor16fthe project is not providing an, adequate level of
services to low income and minority people; or
(3) Written notification fromHUD to the Grantee that the program funds made
available to the Grantee are being curtailed, withdrawn, or otherwise
restricted. .
e.' The Grantee also reserves the right to terminate this Contract or to reduce the
contract compensation amount if the Subrecipient:
(1) Fails to file required reports or to meet project progress or completion
deadlines;
(2) Materially fails to comply with any provision of this Agreement (which may
result in suspension or termination in accordance with 24 CFR 85.43 or
OMS Circular A~110.
(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;
(0) Violates Labor Standards requirements; or
(6) Fails to comply with written notice from the Grantee of substandard
performance under th.e terms of this Agreement.
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3. KEY PERSONNEL
a. Subrecipient shall assign to this Contract the following key personnel:
(1) Patricia Jones, Director
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 Grante.e Director of HND within five (5)
calendar days after the 9ccurrence of any of these events and provide the following
information, providing a detailed explanation of the circumstances necessitating the
proposed substitutions, complete resumes for the proposed substitutes, and any
additional information requested by the Grantee's Director of HND. Proposed
substitutes should have comparable qualifications to those of the persons being
replaced. The Grantee's Director of HND will notify the Subrecipient within fifteen
(15) calendar days after receipt of all required information of the decision, on
substitutions. This clause will be modified to reflect any approved changes of key
personnel.
4. PERFORMANCE MONITORING
The Grantee will monitor the performance of the Subrecipient against goals and performance
standards required herein. Substandard performance as determined by the Grantee will constitute
non-compliance with this contract. If actions to correct such substandard, performance are not
taken by the Subrecipient within 30 days following on-site monitoring by ,the Grantee, contract
termination procedures will be initiated.
5. INSPECTION AND ACCEPTANCE
All tasks and reports shall be conducted. and completed in accordance' with recognized and
customarily accepted industry practices, and shall be considered complete when services are
approved as acceptable by the Grantee in writing. In the event of rejection of any tasks, reports,
. etc., Subrecipient shall be notified in writing and shall have ten (10) working days from date of
issuance of notification to correct the' deficiencies and re-submit acceptable work within said ten-day
period. Failure to submit acceptablelivorkwithin said ten-day period shall constitute a breach of
this contract for which the Subrecipient may.be held in default.
6., SEVERABILITY
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If any term or condition of this Agreement is found by acourt of competent jurisdiction to be void
or invalid, such invalidity shall not affecftheremaining 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$10,000 for full performance of the services
specified under this Agree~ent. Any cost above this amount shall be the sole responsibility of the
Subrecipient. Subrecipient shall suomit monthly requests for payments to the Housing and
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Neighborhood Development (HND) Department. Compensation shall be allowed on a
reimbursement basis, only after expenditures have been incurred by the Subrecipient and proper
supporting documentation has been submitted in conformity with the approved and executed
budget document which is attached to this Contract as Appendix C, incorporated herein by
reference. In every case, payment will be made subject to receipt of a reimbursement request for
payment from the Subrecipient specifying and certifying that such expenses have been incurred
and expended in conformance with this Contract and that the Subrecipient is entitled to receive the
amount requested under the terms of this Contract. 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.
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Requests for payments must be received by Grantee not later than the15 day of each calendar
month for work performed during the preceding calendar month. The Subrecipient shall not claim
reimbursement from the Grantee for that portion of its obligations which has been paid by another
source of revenue.
The Subrecipient shall notify the 'Grantee in writing of all authorized personnel who shall" be
empowered to file requests for payment pursuant to this Agreement.
8. USE OF FUNDS
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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 Commu-nity~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.
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In addition, the Subrecipient agrees to comply with other applicable laws, including the National
Environmental Policy Act of 1969 (ana the implementing regulations at 24 CFR 58), the National
Historic Pres~rvation Act of 1966 as amended (16 USC 470), Section 504 of the Rehabilitation Act
0(1973 (29 'usc 794) (and the implementing regulations at 24 CFR 8), the Americans with
Disabilities Act 011990, the Age Discrimination Act of 1975 (42 USC 6101) (and the implementing
regulations at 24 CFR 146), the prohibition against using debarred contractors at 24 CFR 570.609,
and Executive Orders 11063, 11246,11375, 12086, and 12259.
Further, any funded activity must be designed or so located as to principally benefit lower income
persons, aid in the prevention or elimination of slums or blight, or meet urgent 'community
development needs, as 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, inciuding:
If the Subrecipient is a government agency, OMB Circular A-87, "Principles for Determining Costs
Applicable to Grants and Contracts with State, Local and Federally-Recognized Indian Tribal
Governments;" OMB Circular A-128, "Audits of State and Local Governments" (implemented at 24
CFR 44); and the sections of 24 CFR 85, "Uniform Administrative Requirements for Grants and
Cooperative Agreements to State and Local Governments," specified at 24 CFR 570.502(a). If the
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Subrecipient is not a government agency, OMB Circular A-122, "Cost Principles-for Non-Profit
Organizations," or OMB Circular A-21 , "Cost Principles for Educational Institutions," as applicable;
and OMBA-110, as specified at 24 CFR570.502(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 revert to
the Grantee for use in the Community Development Block Grant Program. Program income is
anticipated to be approximately $0.
10. REVERSION OF ASSETS
Upon termination of this contract, the 'Subrecipient shall transfer to the Grant~e any CDBG allocated:.
funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG
funds.
11. INDIRECT COSTS
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. . Indirect c9sts will onlybe paid,if Subrecipient hasa indirect costallocation.plan approved by the.;
Department of Housing and Urban Development prior to the execution of this Contract. >
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.12. TRAVEL
If applicable, Subrecipient shall obtain prior written approval from the Grantee for any travel outside
the metropolitan area with funds provided under this Contract. All Federal Travel Regulations are
.applicable.(41 CFR Part 301). "
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INpEMNIFICA TION
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Subrecipient agrees to indemnify and hold harmless Grantee from any and all claims in any way
related to or arising out of Subrecipient's performance of its obligations hereunder and/or
Subrecipient's failure to perform its obligations hereunder or related to or arising out of any damage
or. injury to property or persons, occurring or allegedly occurring in connection with Subrecipient's .
performance or non-performance of its obligations hereunder. No payment, however, final or
otherwise, shall operate to release the Subrecipient from any obligations under this Contract.
14. INSURANCE & BONDiNG
Subrecipient shall carry sufficient insurance coverage to protect contract assets from loss due to
theft, fraud and/or undue physical damage, and as a minimum shall purchase a blanket fidelity bond
covering all employees in an' amount equal to cash advances from the Grantee. All policies
providing insurance coverage required to' be maintained by Subrecipient hereunder shall list
Grantee, The Augusta-Richmond County Commission and its Mayor, and their officers, agents,
members, employees and successors as named insureds, as theirinterests may appear, and shall
be issued by an insurance carrier'or carriers licensed to do business in the $tate of Georgia and
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reasonably acceptable to Grantee. Ali such- policies shall provide that no act or omission of Grantee
or its agents, servants, or employees shall in any way invalidate any insurance coverage for the
other named insureds. No insurance' policy providing any insurance coverage required to be
provided by Subrecipient hereunder shall be cancelable without at least 15 days advance written
notice to Grantee. All insurance policies required hereunder, or copies thereof, shall be provided
to Grantee by Subrecipient.
15. GRANTOR RECOGNITION
Subrecipient shall insure recognition of the role of the grantor agency in providing services through
this contract. All activities, facilities and items utilized pursuant to this contract shall be prominently
labeled as to funding source. In addition, the Subrecipient will include a reference to the support
provided herein all publications made possible with funds made available. under this contract.
16. OPEN MEETINGS LAW COMPLIANCE
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.Subrecipientis 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 arid 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 c
agenda, minutes, attendance, and voting record for each meeting and make the same available for
;inspections by the press, the pUblic and the Grantee. The press, public and the Grantee. shall not
.be denied admittance to the Subrecipient's board meetings. '. , ' r:
;Subrecipient shall provide to the Grantee a tentative annual schedule of. the Board of ~irectors'
meetings. Publications and minutes of each meeting shall be submitted to Grantee within 30 days
"after each'meeting. ;.
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17. ASSIGNMENT
Without the prior written consent of the Grantee, this Agreement is 'not assignable :by the
Subrecipient, either in whole or in part.
~18. ENTIRE CONTRACT; ALTERATION.
:This Agreement is the entire agreement between the parties hereto. No alteration or variation in
'the terms of this Agreement shall be valid ~nless made in writing anq signed by the parties hereto.
'Only one amendment to said agreement 'shall be allowed during the program year.
19. GENERAL TERMS AND CONDITIONS
a. REPORTS
The Subrecipient agrees to submit to Grantee monthly clients' statistical reports, quarterly
progress ~eports, financial reports and any other reports that may be specified in Appendix
'D.
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b. CLIENT DATA
Subrecipient agrees to maintain raCial~ ethnic, gender, head of household, household
income, and household size data showing the extent to which these categories of persons
have participated in, or benefited from the project, and to submit this information to the
Grantee by November 30, 2002. .
c. RECORDS TO SE 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 cpntract.
Such records shall include but are not limited to the items listed below:
Records providing a full description of each activity undertaken;
Records demonstrating that each activity undertaken meets one of the
Natipnal Objectives of the CDSG Program;
Records requited to determine the eligibilityof activities;
Financial records as required by 24 CFR Part 570.502, and OMS Circular
A-133; and
Other records necessary to document compliance with Subpart K of 24 CFR
570.
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.' ", '.' ',Subrecipient agrees to keep all necessary books and records, including property, personnel
, and financial records, in connection with the operations and services performed under this
Agreement, and shall document all transactions so that all expenditures may be properly
audited. If the Subrecipient receives $300,000 or more in combined federal assistance, it
':. agrees to obtain an audit conducted in accordance with OMS Circular A-133. However, if
an audit is not required, the Subrecipient agrees to provide quarterly financial reports to the
Grantee. If Subrecipient do not prepare financial statements on a monthly or quarterly
. basis, a detailed list of cash receipts and disbursements should be submitted to Grantee
quarterly.
d. ACCESS TO RECORDS
The Subrecipient agrees that the Grantee or any authorized representative has access to
and the right to examine all records, books, papers, or documents related to the project.
e. RETENTION
The Subrecipient hereby severally warrants that all project records, books, papers, and
documents will be retained for a period of not less than four (4) years after the termination
of all activities funded under this 'contract, or after the resolution of all Federal audit findings,
whichever occurs later and grants the Grantee the option,of retention of the project records,
books, papers, and documents. The retention period shall start from the date of submission
of the Grantee's annual performance report, as prescribed in 24 CFR 91.520, in which the
specific activity is reported on for the final time rather than from the date of submission of
the final expenditure report' for th~ award.
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f. PERMITS
The Subrecipient agrees to obtain all necessary permits for intended improvements or
activities. .
g. AFFIRMATIVE ACTION
The Subrecipient, if its program involves housing, agrees to affirmatively further fair housing.
h. 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
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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 'J
against entering into this Agreement.
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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 air state and local
laws requiring physical and program accessibility to people with disabilities, and agrees to
defend, hold harmless, and indemnify the Grantee from and against any and all liability for
any noncompliance on the part of the Subrecipient.
k. INDEPENDENT CONTRACTOR
Nothing contained in this Agreement is intended to, or shall be construed in any manner to,
create or establish an employer-employee relationship between the parties, nor shall any
employee of the Subrecipient by virtue of this Contract be an employee of the Grantee for
'any purpose whatsoever, nor shall any employee of the Subrecipient be entitled to any of
the rights, privileges, or benefits of Grantee employees. The Subrecipient shall be deemed
at all times an independent contractor and shall be wholly responsible for time, means and
manner for performance of the services required of it by the .terms of this Contract. The
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Subrecipient assumes exclusively the responsibility for the acts of its employees as they
relate to the services provided during the course and scope of their employment.
I. PROCUREMENT
When procuring property, goods and services under $100,000, the Subrecipient shall follow
Augusta-Richmond County's procurement. procedures which reflects applicable state and
local laws and regulations. For purchases of $100,000 or more federal laws, regulations
and standards take apply.
m. EQUIPMENT AND PERSONAL PROPERTY
(1) Use. Equipment and personal property shall be uSEld 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 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
(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 tot he Grantee for the Community Development
program.or shall'be retained after submitting compensation to the
Granteeforthe Community Development program, and
(c) Compensation for items of equipment or personal property retained
or sold shall be an amount calculated by multiplying the current
market value or proceeds from sale by the percentage of CDBG
funds provided on the original costs of equipment or personal
property.
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(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, nieetthefollowing requirements:
(a) Written noti,fication must be given to the Hoysing and Neighborhood
Development (HND) Department with seven (7) calendar days after
delivery to the, Subrecipient of equipment or personal property in
order for HND to effect identification and recording for inventory
purposes. Property records must be maintained that include a
description .orthe 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
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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 $25,0000; or
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(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 acquisitio~1 '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) form 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 discretipn of the Grantee or its designee
and this provisiol) sha]1 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
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use of real property, are not met by the Subrecipient at any time. The
calculati~n.of any funds and/or monies which may be due hereunder shall
be determined solely by the Grantee.
(4) Grant of Lien. Prior to disbursement of any amount of funds to the
Subreciepient for the acquisition, improvement, or 'disposition of any real
property to be used for any use of 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.
20. OTHER PROVISIONS
a. Equal Employment Opportunity
~ . ....
The following provisions (1) and (2) are applicable to all contracts and subcontracts;
provisions (3) through (7) are applicable to all non-exempt construction contracts
and subcontracts which exceed $10,000:
(1) The Subrecipient shall not discriminate against any employee or applicant
i for employment because of race,color, creed, religion, sex, age, handicap, ..
disability, sexual orientation, ancestry, national origin, marital status, familial 'i
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 Qnbehalf of the Subrecipient, state that all qualified applicants
will receive consideration for employment' without regard to race, creed,
religion, sex, age, handicap, disability, sexual orientation, ancestry, national
origin, marital status, or any other basis prohibited by applicable law.
(3) The Subrecipient will send to each. labor union or representative of workers
with which it has a collective bargaining agreement or other contract or
understanding, a notice to be provided advising the said labor union or
workers' representatives of the Subrecipient's commitments under this
section, and shall post copies of the notice in conspicuous places available
to employees and applicants for employment.
11
(4) The Subrecipient will comply with all provisions of Executive Order 11246,
Equal EmploymenfOpportunity, of September 24, 1965, as amended by
Executive Orders 11375, and 12086, copies of which are on file and
available at the Grantee, and of the rules, regulations, and relevant orders
of the Secretary of Labor.
(5) The Subrecipieht will furnish all information and reports required by
Executive Or~ers 11246 of September 24, 1965, as amended, and by rules,
regulations, and orders of the Secretary of Labor, or pursuant thereto, and
will permit access to its books, records, and accounts by HUD and the
Secretary of Labor for purposes of investigation to ascertain compliance with
such rules, regulations, and orders. .
(6) In the event of the Subrecipient's noncompliance with the nondiscrimination
clauses of this Contract or with any of the said rules, regulations, or orders,
this Contract may be canceled, terminated, or suspended in whole or in part
arid the Subrecipient may be declared ineligible for further Government
contracts or federally assisted construction contracts in accordance with
procedures authorized in Executive Order 11246 of September 24, 1965, as
amended, and such other sanctions may be imposed and remedies invoked
as provided in Executive Order 11246 of September 24, 1965, as amended,
, or as otherwise. provided by law.
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(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
. Executiye Order 11246 of-September 24, 1965, as amended, so that such ,I'
. 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 ~s 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 vel'ldor 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 9f Section 109 of the Housing and Community Development-Act
of 1974, 'and in conformance with Grantee policy and all requirements imposed by
or pursuant to the Regulations of HUD (24 CFR Part 570.601 and 570:602) issued
pursuant to Section 109, no person in the United States shall on the ground of race,
color, creed, religion, sex, ,age, handicap, disability, sexual, orientation, ancestry,
national origin, "marital status, familial status, or any other basis prohibited by
applicable law be excluded from participation in, be denied benefits of, or be
subjected to discrimination under any program or activity funded in whole or in part
with Community Development Block Grant Program funds.
12
Specific (not exclusive) .Discriminatory Actions Prohibited:
The Subrecipient may not directly or through contractual or other arrangements, on
. the grounds of race, color, creed, religion, sexual orientation, ancestry, national
origin, marital status, .familial status, age, handicap, disability, sex or other basis
prohibited by applicable law:
(1) Deny any facilities, services, financial aid, or other benefits provided under
the program or activity.
(2) Provide any facilities, services, financial aid, or other benefits which are
different, or are provided in a different form from that provided to others
under the progrClm 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
.benefits,;under the program ,or activity.
(5)
Treat an individual differently from others in determining whether the
individual satisfies any admission, enrollment, eligibility, membership, or
other requirement: or condition which the individual must meet in order to be
provid.ed any facilities, services, or other benefit provided under the program
or activity. .
. .,i-
..; (6)
Deny any person with the legal right to work an opportunity to participate in
a program or. activity as an employee.
F
c. Business and Employment Opportunities for Lower Income Residents, Women-
, Owned Business Enterprises, and Minority-Owned Business Enterprises.
TheSubrecipient will use its best efforts to afford minority and women-owned business enterprises
the maximum practicable opportunity to participate in the performance of this contract. As used in
this contract, the term "minority and female business enterprise, n 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 investig'ation.
"
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 worldn connection with the project be awarded to business concerns
13
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 contractor~ 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 (PL88-352), in the sale, lease or other transfer of land acquired,
leased or improved with assistance provided under this Agreement, the deed or lease for such
transfer shall contain a covenant prohibiting discrimination upon the basis of race, color, creed,
religion, sex: handicap, disability, sexual orientation, ancestry, national origin, marital status, or
. . familial status, in the sale, lease, or rental, or in the use or occupancy of such land 'or' any
improvements erected or to be erected thereon. The Subrecipient will comply, with Title VII, of the
Civil,Rights Act 011968 (PL 90-'284) as amended and will administer all programs and activities
, related to housing and community development in a manner to affirmatively further Fair Housing. ",
f. Labor Standards,. '
Except with respect to the rehabilitation of residential property designed for residential use for less
than-eight households, the Subrecipientand 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
standar~s provisions which govern the payment of wages and the ratio of apprentices and trainees
to journeyworkers. Under the terms of the Davis-Bacon Act, as amended.. Jhe 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), ~nd 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.
Pr~videq 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 requfrements of the Flood Disaster Protection Act of 1973 (PL93-
234). Use of any assistance provided under this Agreement for acquisitiop or construction in an
area identified as having special flood hazards shall be subject to the mandatory purchase of flood
insurance with the requirements of Section 102(a) of said Act.
14
h. Clean Air Act and Federal Water Pollution Control Act (Af:Plicable to Contracts and
Subcontracts which exceed $100,000).
The Subrecipient shall comply with a~drequireeach subcontractor to comply with all applicable
standards of the Clean Air Act of1970 (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 Cod.e:
j. ,Lead-Based Paint
Any.(grants or loans made by the Subrecipient for the rehabilitation of residel}tial 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, atitssole cost,
will comply'\vith the requirements of 24 CFR 570.608 for notification, inspection,. testing,and
;,. . . abatement, procedures concerning lead-based paint. Such regulations require that all owners,
i 'J' pros'pective owners, and tenants of properties constructed prior to 1978 be properlYi.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 takem when
dealing with lead-based paint poisoning. '
k. ,.:';' Special Assessments
'j ,(
,"' Subrecipient will not attempt to recover any capital costs of public improvements assisted in whole
I '. or in, part. with funds provided under Section 106 of the Act or with amounts resulting from a
guarantee under Section 1 08 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 sour~s other .than under
Title"1 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).
I. 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,
15
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 SUDrecipient causes the involuntary temporary or permanent
displacement of any person or business as a result of Community Development Block Grant
Activities, it shall comply with the Grantee's "Plan to Assist Persons Actually Displaced by
Community Development Block Grant Activities," and Subrecipient shall provide all notices,
advisory assistance, relocation benefits, and replaCement dwelling units as required by the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, Section
104(d) of the Act, and the implementing regulations at 49 CFR 24 and 24 CFR 570.606.
Subrecipient-hereby agrees to defend, to pay, and to indemnify the Grantee from and against any
and all claims and liabilities for relocation benefits or the provision of replacement dwelling units .
required by federal statutes and regulations in connection with activities undertaken pursuant to this
Agreement.
m. Lobbying Restrictions
Subr~cipienf 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 I Member of
,.. Congress, an officer or employee' of Congress, or an employee of a Member of Congress in .'
connection with'the awarding of any Federal contract, the making of any Federal Grant,. the making
of any Federal' loan, the entering. into of any cooperative agreement, .and the: extension,
continuation; renewal, amendment,or modification of any Federal contract, grant,. ,.Ioan, or
cooperative agreement; .
If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influenCe an offiCer or employee of-any agency, a Member of Congress,
an/offiCer or employee of Congress, or employee of a Member of Congress, in connection. with this
Federal Contract, grant, loan, or'cooperative agreement, it will complete and submit Standard Form-
LLL, ,"Disclosure Form to Report Lobbying" in accordance with its instructions; and
It will r~quire that the language of this paragraph M be included in the award documents for all
subaward~ at all tiers (including subcontractors, subgrants, and contracts under grants, loans, and
cooperative agreements) and that all subredpients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed'when this
transaction was made or entered into. Submission of this Certification is a prerequisite for making
or entering into this transaction imposed by Section 1352, Title 31, United. States .Code. Any person
who fails to file the required Certification shall be subject to a civil penalty of not less than $10,000
and not more than $100,000 for each such failure.
n. . Provisions Required by Law Deemed Inserted
Each and every provision of law and clause required by law to be inserted in this Contract shall be
deemed to be inserted herein and the contract shall be read and enforced as though it were
16
included herein, and if through mistake or otherwise any such provision is not inserted, or is not
correctly inserted, then upon the application of either party the contract shall forthwith be physically
amended to make such insertion or correction. -
o. HISTORIC PRESERVATION
If applicable, the Subrecipient agrees to comply with the Historic Preservation. requirements set for
in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures
set forth in CFR, Part 800, Advisory Council of Historic preservation Procedures for Protection of
Historic properties, insofar as they apply to the performance of this contract.
In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation
and demolition of historic properties that are fifty years old or older or-that are included on a
Federal, State, or local historic property list.
21. MISCELLANEOUS
a. ' This Agreement shall be governed by and construed according to the. laws of the
State of Georgia.
b.
Time shall be of the essence to this Contract, except where it is herein specifically
'provided to the contrary~ Subrecipient shall provide the scope of services in
accordancewith the schedule set forth in Appendix B.
, ,
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IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first written
above.
ATTEST:
By:
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-ATTEST:
AUGUSTA, GEORGIA
(Grantee)
AUGUSTA YOUTH'CENTER, INC.
(Subrecipient)
,S EAL
18
#. ~
APPENDIX A
Project Area
The project location is located at 602-604 Third Street, Augusta, Georgia 30901.
APPENDIX B
Goals, Objectives, and Tasks
The Augusta Youth Center is a multi-purpose youth center that offers programs designed to
enhance skills needed for successful living and provide opportunities for recreational and personal
enrichment for low income youths in Augusta-Richmond County. The Center's mission is to carry
out programs with goals such .as combating the use of illegal drugs, improving parenting skills,
improving computer skills and home economics, improving job skills and employability, and
addressing other such socio-economic issues which may confront low income youths. Programs
implemented by the center include after-school tutorial program, Life Skills and Motivational
seminars, recreational. and educationafactivities and holiday events. A total of 100 low and
moderate income persons shall be assisted during this contract period. .
The Sub recipient shall maintain a written description of each program it approves .for the Center and
this description shall include the purpose of each program, the activities involved, a list of program
participants, including socio-economic data and the responsible staff member(s) or volu'nteers.
Also, a detail attendance register shall be maintained for the Center at all times.
Community Development Block Grant funds will be used for operational cost of the center, such as
salaries, supplies, travel, utilities, office equipment, planning activities.
The Subrecipient shall maintain records documenting residents as lower-income, according to the
standards of the U.S. Department of Housing and Urban Development. Files for each client shall
contain, but is not restricted to, income data, income verification, application for services; record
of services provided, fees charged for services, time and attendance records and students progress
evaluation. .
Salaries
APPENDIX C
Budget
TOTAL
19
$ 10,000.00
10,000.00
l"
APPENDIX D
Reporting Requirements
The Subrecipient shall submit to the .Grantee the following reports for the term of this agreement.
1. Monthly Statistical Reports - Due each month by the 15th for the previous month.
2. Quarterly Progress Reports
Due January 15, 2002, April 15, 2002, July 15, 2002, and October 15, 2002
3. Annual Report (November 15, 2002)
. 4. Audit Report (Due 30 days after completion of audit).
ATTACHMENT #1
Regulations, Circulars & Local Procurement Policy
1. ,Community Development Block Grant Entitlement Program 24 CFR 570
,2. OMB Circular A-122
"Cost Principles for Non-Profit Organizations"
3. OMB Circular 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
20
~ ... ...
,'~ -'
CDSG Income Verification
Reimbursement Request
Monthly Statistical Report
Quarterly Program Progress Report
Annual Program Report
ATTACHMENT #2
Forms
21
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ORIGINAL
CONTRACT BETWEEN AUGUSTA, GEORGIA
AND
r'-",\ 30901 DEVELOPMENT CORPORATION, INC.
FOR
YEAR 2002 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
THIS AGREEMENT, made and entered into on this ~ day of January, 2002, 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 30901 DEVELOPMENT CORPORATION, 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 Actof 1974, as amended (42 USC 5301 et seq.) (the Act); and
WHEREAS, pursuant to such Grant, the Grantee is undertaking certain programs and services
necessary for the planning, implementation and execution of such a Community Development Block
Grant'Program; and
WHEREAS, the Grantee desires to engage the Subrecipient to render certain services, programs,
or assistance in connection with such undertakings of the Community Development Block Grant
Program, situated in the Project Area described in Appendix A.
NOW, THEREFORE, the parties hereto do mutually agree as follows:
1. SCOPE OF SERVICE
The Subrecipient shall perform all the necessary services provided under this Contract in
accordance with and respecting the following project:
T.A.C. (Teens About Change)
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 January 1,2002, and shall
be undertaken and completed in such sequence as to assure their expeditious
completion in the light of the purposes of this Contract unless so otherwise specified
in the Contract Section 19 (General Terms and Conditions). This Agreement shall
remain in effect until December 31, 2002 , or until this Agreement is otherwise
terminated.
b. The parties agree that the Grantee may terminate this Contract or any work or
delivery required hereunder; from time to time" either in whole or in part, whenever
the Commission, on recommendation from the Director of the Housing and
1
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Neighborhood Development Department (HND), shall determine that such
termination is in the Grantee's best interest. Termination, in whole or in part, shall
be effected by delivery of a Notice of Termination signed by the Mayor, mailed or
delivered to Subrecipient, and specifically setting forth the effective date of
termination.
c. Either party may terminate this Contract, without further obligation, for the default
of the other party or its agents or employees with respect to any agreement or
provision contained herein upon 15 days written notice to the other party. All reports
or accountings provided for herein shall be rendered whether or not falling due
within the contract period.
d. Further, the Grantee reserves the right to terminate this contract upon written
notification to the Subrecipient under any of the following conditions:
(1) Notification by HUD to the Grantee that said project is ineligible because of
project .Iocation, services provided, or any other reason cited by I;-IUD;
(2) Notification by HUD to the Grantee that said project is deficient and that
continued support of the project is not providing an adequate level of
services to low income and minority people; or
(3) . Written notification from HUD to the Grantee that the program funds made
available to the Grantee are being curtailed, withdrawn, or otherwise
restricted. .
e. The Grantee also reserves the right to terminate this Contract or to reduce the
contract compensation amount if the Subrecipient:
(1) Fails to file required reports or to meet project progress or completion
deadlines;
(2) Materially fails to comply with any provision of this Agreement (which may
result in suspension or termination in accordance with 24 CFR 85.43 or
OMS 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.
2
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3. KEY PERSONNEL
a. Subrecipient shall assign to this Contract the following key personnel:
(1) Francine E. Cayruth, Chief Operating Officer
(2) Shunte A. Dugar, Director of Community Programs
b. During the period of performance, Subrecipient shall make no substitutes of key
personnel unless the substitution is necessitated by illness, death, or termination of
employment. Subrecipient shall notify the Grantee Director of HND within five (5)
calendar days after the occurrence of any of these events and provide the following
information, providing a detailed explanation of the circumstances necessitating the
proposed substitutions, complete resumes for the proposed substitutes, and any
additional information requested by the Grantee's Director of HND. Proposed
substitutes should have comparable qualifications to those of the persons being
replaced. The Grantee's Director of HNDwill notify the Subrecipient within fifteen
(15) calendar days after receipt of all required information of the decision on
substitutions. This clause will be modified to reflect any approved changes of key
personnel.
4. PERFORMANCE MONITORING
The Grantee will monitor the performance of the Subrecipient against goals and performance
standards required herein. Substandard performance as determined by the Grantee will constitute
non-compliance with this contract. If actions to correct such substandard performance are not
taken by the Subrecipient within 30 days following on-site monitoring by the Grantee, contract
termination procedures will be initiated.
5. INSPECTION AND ACCEPTANCE
All tasks and reports shall be conducted and completed in accordance with recognized and
customarily accepted industry practices, and shall be considered complete when services are
approved as acceptable by the Grantee in writing. In the event of rejection of any tasks, reports,
etc., Subrecipient shall be notified in writing and shall have ten (10) working days from date of
issuance of notification to correct the deficiencies and re-submit acceptable work within said ten-day
period. Failure to submit acceptable work within said ten-day periodshall constitute a breach of
this contract for which the Subrecipient may be held in default.
6. SEVERABILITY
If any term or condition of this Agreement is found by a court of competent jurisdiction to be void
or invalid, such invalidity shall not affect the remaining terms and conditions of this Agreement,
which shall continue in full force and effect.
3
7 . COMPENSATION
The Subrecipient shall be paid a total consideration of $ 15,000.00 for full performance of the
services specified under this Agreement. Any cost above this amount shall be the sole
responsibility of the Subrecipient. Subrecipient shall submit monthly requests for payments to the
Housing and Neighborhood Development (HND) Department. Compensation shall be allowed on
a reimbursement basis, only after expenditures have been incurred by theSubrecipient and proper
supporting documentation has been submitted in conformity with the approved and executed
budget document which is attached to this Contract as Appendix C, incorporated herein by
reference. In every case, payment will be made subject to receipt of a reimbursement request for
payment from the Subrecipient specifying and certifying that such expenses have been incurred
and expended in conformance with this Contract and that theSubrecipient is entitled to receive the
amount requested under the terms of this Contract. 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.
th
-Requests for payments must be received by Grantee not later than the15 day of each calendar
month for work performed during the preceding calendar month. TheSubrecipient shall not claim
reimbursement from the Grantee for that portion of its obligations, which has been paid by another
source of revenue.
The Subrecipient shall notify the Grantee in writing of all authorized personnel who shall be
empowered to file requests for payment pursuant to this Agreement.
8. USE OF FUNDS
Use 'of funds received pursuant to this Agreement shall be in accordance with the requirements of
the Housing and Community Development Act of 1974 (as amended), 24 CFR Part 570 and other
regulations governing the Community Development Block Grant Program, and any amendments
or policy revisions thereto which shall become effective during the term of this Agreement. A copy
of said regulations is incorporated by reference. Any unused funds remaining at the expiration
of this agreement shall revert to Grantee. .
In addition, the Subrecipient agrees to comply with other applicable laws, including the National
Environmental Policy Act of 1969 (and the implementing regulations at 24 CFR 58), the National
Historic Preservation Act of 1966 as amended (16 USC 470), Section 504 of the Rehabilitation Act
of 1973 (29 USC 794) (and the implementing regulations at 24 CFR 8), the Americans with
Disabilities Act of 1990, the Age Discrimination Act of 1975 (42 USC 6101) (and the implementing
regulations at 24 CFR 146), the prohibition against using debarred contractors at 24 CFR 570.609,
and Executive Orders 11063, 11246, 11375, 12086, and 12259.
Further, any funded activity must be designed or so located as to principally benefit lower income
persons, aid in the prevention or elimination of slums or blight, or meet urgent community
development needs, as defined in the program regulations.
Subrecipient agrees to comply with the uniform administrative requirements specified at 24 CFR
570.502 and 24 CFR 570.610, including:
4
If the Subrecipient is a government agency, OMS Circular A-87, "Principles for Determining Costs
Applicable to Grants and Contracts with State, Local and Federally-Recognized Indian Tribal
Governments;" OMS Circular A-128, "Audits of State and Local Govemments" (implemented at 24
CFR 44); and the sections of 24 CFR 85, "Uniform Administrative Requirements for Grants and
Cooperative Agreements to State and Local Governments," specified at 24 CFR 570.502(a). If the
Subrecipient is not a government agency, OMS .Circular A-122, "Cost Principles for Non-Profit
Organizations," or OMS Circular A-21 , "Cost Principles for Educational Institutions," as applicable;
and OMS A-110, 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 revert to
the Grantee for use in the Community Development Slock Grant Program. Program income is
anticipated to be approximately $0.
10. REVERSION OF ASSETS
Upon termination of this contract, the Subrecipient shall transfer to the Grantee any CDSG allocated
funds on'hand at the time of expiration and any accounts receivable attributable to the use of CDSG
funds.
In addition, any equipment or real property under the Subrecipient's control acquired or improved
in whole or in part with CDSG funds (including funds provided to the Subrecipient in the form of a
loan) in excess of $25,000 will be used to meet one of the national objectives in S570.208 until
five years after expiration of this Contract, or for such longer period of time as determined to be
appropriate by the Grantee.
11. INDIRECT COSTS
Indirect costs will only be paid if Subrecipient has a indirect cost allocation plan approved by the
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 outside
the metropolitan area with funds provided under this Contract. All Federal Travel Regulations are
applicable (41 CFR Part 301).
13. . INDEMNIFICATION
Subrecipient agrees to indemnify and hold ,harmless Grantee from any and all claims in any way
related to or arising out of Subrecipient's performance of its obligations hereunder and/or
Subrecipient's failure to perform its obligations hereunder or related to or arising out of any damage
or injury to property or persons, occurring or allegedly occurring in connection with Subrecipient's
performance or non-performance of its obligations hereunder. No payment, however, final or
otherwise, shall operate to release the Subrecipient from any obligations under this Contract.
5
"',
"'
14. INSURANCE & BONDING
Subrecipient shall carry sufficient insurance coverage to protect contract assets from loss due to
theft, fraud and/or undue physical damage, and as a minimum shall purchase a blanket fidelity bond
covering all employees in an amount equal to cash advances from the Grantee. All policies
providing insurance coverage required- to be maintained by Subrecipient hereunder shall list
Grantee, The Augusta-Richmond County Commission and its Mayor, and their officers, agents,
members, employees and successors as named insureds, as their interests may appear, and shall
be issued by an insurance carrier or carriers licensed to do business in the State of Georgia and
reasonably acceptable to Grantee. All such policies shall provide that no act or omission of Grantee
or its agents, servants, or employees shall in any way invalidate any insurance coverage for the
other named insureds. No insurance policy providing any insurance coverage required to be
provided by Subrecipient hereunder shall be cancelable without at least 15 days advance written
notice to Grantee. All insurance policies required hereunder, or copies thereof, shall be provided
to Grantee by Subrecipient.
15. GRANTOR RECOGNITION
Subrecipient shall insure recognition of the role of the grantor agency in providing services through
this contract. All activities, facilities and items utilized pursuant to this contract shall be prominently
labeled as to funding source. In addition, the Subrecipient will include a reference to the support
provided herein all publications made possible with funds made available under this contract.
16. OPEN MEETINGS LAW COMPLIANCE
Subrecipient is subject to the Georgia Open Meetings Law if it receives more than 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 meeting and make the same available for
inspections by the press, the public and the Grantee. The press, public and the Grantee shall not
be denied admittance to the Subrecipient's board meetings.
Subrecipient shall provide to the Grantee a tentative annual schedule of the Board of Directors'
meetings. Publications and minutes of each meeting shall be submitted to Grantee within 30 days
after each meeting.
17. ASSIGNMENT
Without the prior written consent of the Grantee, this Agreement is not assignable by the
Subrecipient, either in whole or in part.
18. ENTIRE CONTRACT; ALTERATION
This Agreement is the entire agreement between the parties hereto. No alteration or variation in
6-
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.
19. GENERAL TERMS AND CONDITIONS
a. REPORTS
The Subrecipient agrees to submit to Grantee monthly clients' statistical reports, quarterly
progress reports, financial reports and any other reports that may be specified in Appendix
D.
b. CLIENT DATA
Subrecipient agrees to maintain racial, ethnic, gender, head of household, household
income, and household size data showing the extent to which these categories of persons
have participated in, or benefited from the project, and to submit this information to the
Grantee by January 30, 2003.
c. RECORDS TO SE MAINTAINED
Subrecipient shall maintain all records required by the federal regulations specified in 24
CFR Part 570.506, and that are pertinent to the activities to be funded under this contract.
Such records shall include but are not limited to the items listed below:
(1) Records providing a full description of each activity undertaken;
(2) Records demonstrating that each activity undertaken meets one of the
National Objectives of the CDSG Program;
(3) Records required to determine the eligibility of activities;
(4) Financial records as required by 24 CFR Part 570.502, and OMS 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 $300,000 or more in combined federal assistance, it
agrees to obtain an audit conducted in accordance with OMS Circular A-133. However, if
an audit is not required, the Subrecipient agrees to provide quarterly financial reports to the
Grantee. If Subrecipient do not prepare financial statements on a monthly or quarterly
basis, a detailed list of cash receipts and disbursements should be submitted to Grantee
quarterly.
d. ACCESS TO RECORDS
The Subrecipient agrees that the Grantee or any authorized representative has access to
and the right to examine all records, books, papers, or documents related to the project.
7
e. RETENTION
The Subrecipient hereby severally warrants that all project records, books, papers, and
documents will be retained for a period of not less than four (4) years after the termination
of all activities funded under this contract, or after the resolution of all Federal audit findings,
whichever occurs later and grants the Grantee the option of retention of the project records,
books, papers, and documents. The retention period shall start from the date of submission
of the Grantee's annual performance report,' as prescribed in 24 CFR 91.520, in which the
specific activity is reported on for the final time rather than from the date of submission of
the final expenditure report for the award.
f. PERMITS
The Subrecipient agrees to obtain all necessary permits for intended improvements or
activities.
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 S~ction
504 of the Rehabilitation Act of 1973(29 USC 794) (and the implementing regulations at 24
CFR 8), the Americans with Disabilities Act of 1990 (PL 101-336), and all state and local
laws requiring physical and program accessibility to people with disabilities, and agrees to
defend, hold harmless, and indemnify the Grantee from and against any and all liability for
8
any noncompliance on the part of the Subrecipient.
k. INDEPENDENT CONTRACTOR
Nothing contained in this Agreement is intended to, or shall be construed in any manner to,
create or establish an employer-employee relationship between the parties, nor shall any
employee of the Subrecipient by virtue of this Contract be an employee of the Grantee for
any purpose whatsoever, nor shall any employee of the Subrecipient be entitled to any of
the rights, privileges, or benefits of Grantee employees. The Subrecipient shall be deemed
at all times an independent contractor and shall be wholly responsible for time, means and
manner for performance of the services required of it by the terms of this Contract. The
Subrecipient assumes exclusively the responsibility for the acts of its employees as they
relate to the services provided during the course and scope of their employment.
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. The Subrecipient shall consult Grantee on any procurement to assure conformance
with applicable laws, regulations and standards.
20. OTHER PROVISIONS
a. Equal Employment Opportunity
The following provisions (1) and (2) are applicable to all contracts and subcontracts;
provisions (3) through (7) are applicable to all non-exempt construction contracts
and subcontracts which exceed $10,000:
(1). The Subrecipient shall not discriminate against any employee or applicant
for employment because of race, color, creed, religion, sex, age, handicap,
disability, sexual orientation, ancestry, national origin, marital status, familial
status, or any other basis prohibited by applicable law. The Subrecipient
shall take affirmative action to ensure that applicants are employed and that
employees are treated during employment without regard to their race, color,
creed, religion, sex,age, handicap, disability, sexual orientation, 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 q~alified applicants
will receive consideration for employment without regard to race, creed,
religion, sex, age, handicap, disability, sexual orientation, ancestry, national
9
origin, marital status, or any other basis prohibited by applicable law.
(3) The Subrecipient will send to each labor union or representative of workers
with which it has a collective bargaining agreement or other contract or
understanding, a notice to be provided advising the said labor union or
workers' representatives of the Subrecipient's commitments under this
section, and shall post copies of the notice in conspicuous places available
to employees and applicants for employment.
(4) The Subrecipient will comply with all provisions of Executive Order 11246,
Equal Employment Opportunity, of September 24, 1965, as amended by
Executive Orders 11375, and 12086, copies of which are on file and
available at the Grantee, and of the rules, regulations, and relevant orders
of the Secretary of Labor.
(5) The Subrecipient will furnish all information and reports required by
Executive Orders 11246 of September 24, 1965, as amended, and by rules,
regulations, and orders of the Secretary of Labor, or pursuant thereto, and
will permit access to its books, records, and accounts by HUD and the
Secretary of Labor for purposes of investigation to ascertain compliance with
such rules, regulations, and orders.
(6) In the event of the Subrecipient's noncompliance with the nondiscrimination
clauses of this Contract or with any of the said rules, regulations, or orders,
this Contract may be canceled, terminated, or suspended in whole or in part
and the Subrecipient may be declared ineligible for further Government
contracts or federally assisted construction contracts in accordance with
procedures authorized in Executive Order 11246 of September 24, 1965, as
amended, and such other sanctions may be imposed and remedies invoked
as provided in Executive Order 11246 of September 24, 1965, as amended,
or as otherwise provided by law.
(7) The Subrecipient will include the portion of the sentence immediately
preceding paragraph (1) and the provisions of paragraphs (1) through (7) in
every subcontract or purchase order unless exempted by rules, regulations,
or orders of the Secretary of Labor, issued pursuant to Section 204 of
Executive Order.11246 of September 24, 1965, as amended, so thatsuch
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.
10
b.
Equal Opportunity in Participation
.
Under the terms of Section 109 of the Housing and Community Development Act
of 1974, and in conformance with Grantee policy and all requirements imposed by
or pursuant to the Regulations of HUD (24 CFR Part 570.601 and 570.602) issued
pursuant to Section 109, no person in the United States shall on the ground of race,
color, creed, religion, sex, age, handicap, disability, sexual orientation, ancestry,
national origin, marital status, familial status, or any other basis prohibited by
applicable law be excluded from participation in, be denied benefits of, or be
subjected to discrimination under any program or activity funded in whole or in part
with Community Development Block Grant Program funds.
Specific (not exclusive) Discriminatory Actions Prohibited:
The Subrecipient may not directly or through contractual or other arrangements, on
the grounds of race, color, creed, religion, sexual orientation, ancestry, national
origin, marital status, familial status, age, 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
benefits under the program or activity.
(5) Treat an individual differently from others in determining whether the
individual satisfies any admission, enrollment, eligibility, membership, or
other requirement or condition which the individual must meet in order to be
provided any facilities; services, or other benefit provided under the program
or activity.
(6) Deny any person with the legal right to work an opportunity to participate in
a program or activity as an employee.
c. Business and Employment Opportunities for Lower Income Residents, Women-
Owned Business Enterprises, and Minority-Owned Business Enterprises.
The Subrecipient will use its best efforts to afford minority and women-owned business enterprises
the maximum practicable opportunity to participate in the performance of this contract. As used in
11
this contract, the term "minority and female business enterprise," means a business at least fifty-one
(51%) owned and controlled by minority group members or women. For the purpose of this
definition, "minority group members" are African-American, Spanish-speaking, Spanish surnamed
or written representations by 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, sex, handicap, disability, sexual orientation, ancestry, national origin, marital status, or
familial status, in the sale, lease, or rental, or in the use or occupancy of such land or any
improvements erected or to be erected thereon. The Subrecipient will comply with Title VII of the
Civil Rights Act of 1968 (PL 90-284) as amended and will administer all programs and activities
related to housing and community development in a manner to affirmatively further Fair Housing.
f. Labor Standards
Except with respect to the rehabilitation of residential property designed for residential use for less
than eight households, the Subrecipient and all subcontractors engaged in contracts in excess of
$2,000 for the construction, completion, rehabilitation, or repair of any building or work financed in
whole or in part with assistance provided under this Agreement are subject to the federal labor
standards provisions which govern the payment of wages and the ratio of apprentices and trainees
to 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
12
Contract Work Hours and Safety Standards Act (40 USC 327-332), and the Subrecipient shall
comply. with all regulations issued pursuant to these Acts and with other applicable Federal laws
and regulations pertaining to labor standards, including the Copeland "Anti-Kickback" Act.
Provided that if wage rates higher than those required under the regulations are imposed by State
or Local laws, nothing hereunder is intended to relieve the Subrecipient of its obligation, if any, to
require payment of the higher rates.
g. Flood Disaster Protection
This Agreement is subject to the requirements of the Flood Disaster Protection Act of 1973 (PL93-
234). . Use of any assistance provided under this Agreement for acquisition or construction in an
area identified as having special flood hazards shall be subject to the mandatory purchase of flood
insurance with the requirements of Section 102(a) of said Act.
h. Clean Air Act and Federal Water Pollution Control Act (Applicable to Contracts and
Subcontracts which exceed $1 00,000).
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.
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
13
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).
I. 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 conductany acquisition,
rehabilitation, or demolition, of real property, and any negotiations for acquisition, rehabilitation, or
demolition of real property in compliance with the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970, as amended, Section 104(d) of the Act, and the implementing
regulations at 49 CFR 24 and 24 CFR 570.606. Unless specifically permitted in Appendix B or
Appendix C, Subrecipient will not cause either temporary or permanent involuntary displacement
of persons or businesses. If Subrecipient causes the involuntary temporary or permanent
. displacement of any person or business as a result of Community Development Block Grant
Activities, it shall comply with the Grantee's "Plan to Assist Persons Actually Displaced by
Community Development Block Grant Activities," and Subrecipient shall provide all notices,
advisory assistance, relocation benefits, and replacement dwelling units as required by the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, Section
104(d) of the Act, and the implementing regulations at 49 CFR 24 and 24 CFR 570.606.
Subrecipient hereby agrees to defend, to pay, and to indemnify the Grantee from and against any
and all claims and liabilities for relocation benefits or the provision of replacement dwelling units
required by federal statutes and regulations in connection with activities undertaken pursuant to this
Agreement.
m. Lobbying Restrictions
Subrecipient certifies that, to the best of its knowledge and belief:
No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person
for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of any Federal Grant, the making
of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement;
If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting ,to influence an officer or employee of any agency, a Member of Congress,
. an officer or employee of Congress, or employee of a Member of Congress, in connection with this
Federal Contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-
LLL, "Disclosure Form to Report Lobbying" in accordance with its instructions; and
14
It will require that the language of this paragraph M be included in the award documents for all
subawards at all tiers (including subcontractors,subgrants, and contracts under grants, loans, and
cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by Section 1352, Title 31, United States Code. Any person
who fails to file the required certification shall be subject to a civil penalty of not less than $10,000
and not more than $100,000 for each such failure.
n. Provisions Required by Law Deemed Inserted
Each and every provision of law and clause required by law to be inserted in this Contract shall be
deemed to be inserted herein and the contract shall be read and enforced as though it were
included herein, and if through mistake or otherwise any such provision is not inserted, or is not
correctly inserted, then upon the application of either party the contract shall forthwith be physically
amended to make such insertion or correction.
o. HISTORIC PRESERVATION
If applicable, the Subrecipient agrees to comply with the Historic Preservation requirements set for
in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures
set forth in CFR, Part 800, Advisory Council of Historic preservation Procedures for Protection of
Historic properties, insofar as they apply to the performance of this contract.
. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation
and demolition of historic properties that are fifty years old or older or that are included on a
Federal, State, or local historic property list.
21. MISCELLANEOUS
a. This Agreement shall be governed by and construed according to the laws of the
. State of Georgia..
b. Time shall be of the essence to this Contract, except where it is herein specifically
provided to the contrary. Subrecipient shall provide the scope of services in
accordance with the schedule set forth in Appendix B.
15
IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first written
above.
ATTEST:
,~_ _ a"""J.J3onrier
,'- "---- Clerk of C.ommission
~
, ~
....-....-....-...,,-.-
,
,-
"
~-;:."':'\ -
ATTEST:,
. . \' ~
AUGUSTA GEORGIA
(Grantee)
30901 DEVELOPMENT CORPORATION. INC.
(Subrecipient)
By: L }f~
'" Dr. Sam Davis
As its Chairman
17
APPENDIX A
Project Area
The project location is at the W.T. Johnson Center, 1610 Hunter Street, Augusta, Georgia 30901.
APPENDIX B
Goals, Objectives, and Tasks
30901 Development Corporation, Inc., was incorporated in 1999 to "Empower the Community
through: Education, Economics and Entrepreneurship" by providing community development,
support services and programs for low income persons in highly distressed areas of Augusta. The
goal of the project is to fund various cultural and educational programs for youth of primarily low-to-
moderate income families.
Teens About Change (T.A.C.) is a project that is designed to bring about positive changes primarily
in youth ages 11-18 through exposure to various cultural and educational extracurricular activities
and programs. This exposure will broaden horizons by enhancing and enriching the lives of the
area youth primarily form low-to-moderated income families.
Community Development Block Grant funds will be utilized to purchase supplies, assist travel and
the cost of field trips. The program will assist approximately seventy-five low to moderate income.
at risk youths in the 30901 area.
APPENDIX C
Budget
TOTAL
$ S,OOO
S,OOO
S,OOO
$ 15,000
Supplies
Travel
Field Trips
APPENDIX D
. Reporting Requirements
The Subrecipient shall submit to the Grantee the following reports for the term of this agreement.
1. Monthly Statistical Reports - Due each month by the 1Sth for the previous month.
2. Quarterly Progress Reports
Due April 1S, 2002, July 1S, 2002, October 1S, 2002 and January 1S, 2003.
3. Annual Report
4. Audit Report (Due 30 days after completion of audit).
17
"
.\
ATTACHMENT #1
Regulations, Circulars & Local Procurement Policy
1. Community Development Slock Grant Entitlement Program 24 CFR 570
2. OMS Circular A-122
"Cost Principles for Non-Profit Organizations"
3. OMS Circular A-11 0
"Grants and Agreements with Institutions of Higher Education, Hospitals, & Other
Non-Profit Organizations"
4. OMS Circular A-133, "Audits of Institutions of Higher E"ducation and Other Non-Profit
Institutions"
. 5. Augusta-Richmond County Procurement Policy
18
"
.,'
ATTACHMENT #2
Forms
Reimbursement Request
Monthly Statistical Report
Quarterly Report
Annual Report
Time Sheet
Travel Log
19
- ,.~
"
2002 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
B-2002-MC-13-0003
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Estimate
Entitlement Grant $2,903,000.00
Program Income 80,000.00
Total Funds Available $2,983,000.00
PROPOSED
1015# Project # PROJECT BUDGET $
Acquisition
02010 Hope House 50,000.00
Public Facilities & Improvements
02030 Boys & Girls Club 50,000.00
02031 Family Y 100,000.00
02032 . Girls Club 1,727.59
02033 Parks Imp - McDuffie Woods & Meadowbrook - 200,000.00
Public Services
v 02050 30901 Development Corporation - 'NT Johnson 15,000.00
02051 Able DisAbled 20,000.00
02052 Art Factory 6,000.00
02053 Augusta Mini Theatre 5,000.00
02054 Augusta Youth Center 36,000.00
02055 Augusta Urban Ministries 10,000.00
02056 CSRA EOA 20,500.00
02057 Coordinated Health Services 8,000.00
02058 Golden Harvest Food Bank "Brown Bag" 20,000.00
02059 Hope House 10,000.00
02060 Housing Authority 20,000.00
02061 JWC Helping Hands 13,500.00
02062 Lucy Laney Museum 10,000.00
02063 MACH Tennis & Chess 10,000.00
02064 Neighborhood Improvement Project 10,000.00
y ... 02066 Senior Center - Senior Transportation 10,000.00
02067 Shelter & Advocacy for Abused Children 5,000.00
02068 Shiloh Center 21,000.00
Clearance & Demolition
02040 ARC Land Bank Authority 50,000.00
Rehabilitation
02140 Housing Rehabilitation Program 500,000.00
02140 Owner-Occupied 375.000
02142 Emergency Grants 50,000
02146 World Changers 75,000
02147 Transition Center 75,000.00
Economic Development
02181 ED Loan Program. 124,000.00
Code Enforcement
I 02150 ARC Inspection Department I 185,672.41
Special Activities by caoo
02184 30901 Development Corporation (loan) I 400,000.00
02185 I ANIC 200,000.00
Repayment of Section 108 Loan Principal
I 02190 Olde Town Properties 200,000.00
Program Administration & Planning
02200 ARC Planning Commission 35,000.00
02210 General Administration 541,600.00
02211 Fair Housing Study Update 20,000.00
TOTAL $2,983,000.00
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DRIGINAL
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CONTRACT BETWEEN AUGUSTA, GEORGIA
AND
SHILOH COMPREHENSIVE COMMUNITY CENTER, INC.
FOR
YEAR 2002 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
,,'
THIS AGREEMENT, made and entered into onthis ~ day of January, 2002, by and between
AUGUSTA, GEORGIA, by and through the Augusta-Richmond County Commission, as the
Implementor of the Community Development Block Grant Program (hereinafter referred to as
"Grantee"), and SHILOH COMPREHENSIVE COMMUNITY CENTER, INC, (hereinafter referred
to as the "Subrecipient").
WHEREAS, the Grantee has received a Community Development Block Grant from the United
States Department of Housing and Urban Development (HUD) under Title I of the Housing and
Community Development Act of 1974, as amended (42 USC 5301 et seq.) (the Act); and
WHEREAS, pursuant to such Grant, the Grantee is undertaking certain programs and services
necessary for the planning, implementation and execution of such a Community Development Block
Grant Program; and
WHEREAS, the Grantee desires to engage the Subrecipient to render certain services, programs,
or assistance in connection with such undertakings of the Community Development Block Grant
Program, situated in the Project Area described in Appendix A.
NOW, THEREFORE, the parties hereto do mutually agree as follows:
1. SCOPE OF SERVICE
The Subrecipient shall perform all the necessary services,provided under this Contract in
accordance with and respecting the following project:
"Shiloh Transportation Project"
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 January 1, 2002 and shall
be undertaken and completed in such. sequence as to assure their expeditious
completion in the light of the purposes of this Contract unless so otherwise specified
in the Contract Section 19 (General Terms and Conditions). This Agreement shall
remain in effect until December 31, 2002 ,or until this Agreement is otherwise
terminated.
b. The parties agree that the Grantee may terminate this Contract or any work or
delivery required hereunder, from time to time, either in whole orin part, whenever
the Commission, on recommendation from the DireCtor of the Housing and
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Neighborhood Development Department (HND), shall determine that such
termination is in the Grantee's best interest. Termination, in whole or in part, shall
be effected by delivery of a Notice of Termination signed by the Mayor, mailed or
delivered to Subrecipient, and specifically setting forth the effective date of
termination.
c.
Either party may terminate this Contract, without further obligation, for the default
of the other party or its agents or employees with respect to any agreement or
provision contained herein upon 15 days written notice to the other party. All reports
or accountings provided for herein shall be rendered whether or not falling due
within the contract period.
d.
Further, the Grantee reserves the right to terminate this contract upon written
notification to the Subrecipient under any of the following conditions:
(1) Notification by HUD to the Grantee that said project is ineligible because of
project location, services provided, or any other reason cited by HUD;
(2) Notification by HUD to the Grantee that said project is deficient and that
continued support of the project is not providing an adequate level of
services to low income and minority people; or
(3) Written notification from HUD to the Grantee that the program funds made
available to the Grantee are being curtailed, withdrawn, or otherwise
restricted.
e. The Grantee also reserves the right to terminate this Contract or to reduce the
contract compensation amount if the Subrecipient:
(1) Fails to file required reports or to meet project progress or completion
deadlines;
(2) Materially fails to comply with any provision of this Agreement (which may
result in suspension or termination in accordance with 24 CFR 85.43 or
OMS Circular A-110.
(3) Expends funds under this Agreement for ineligible activities, services, or
items;
(4) Implements the project prior to notification from the Grantee that the federal
environmental review process has been completed;
(5) Violates Labor Standards requirements; or
(6) Fails to comply with written notice from the Grantee of substandard
performance under the terms of this Agreement.
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3. KEY PERSONNEL
a. Subrecipient shall assign to this Contract the following key personnel:
(1) Ruth B. Crawford, Executive Director
(2) Cynthia Haley, Program Director
b. During the period of performance, Subrecipient shall make no substitutes of key
personnel unless the substitution is necessitated by illness, death, or termination of
employment. Subrecipient shall notify the Grantee Director of HND within five (5)
calendar days after the occurrence of any of these events and provide the following
information, providing a detailed explanation of the circumstances necessitating the
proposed substitutions, complete resumes for the proposed substitutes, and any
additional information requested by the Grantee's Director of HND. Proposed
substitutes should have comparable qualifications to those of the persons being
replaced. The Grantee's Director of HND will notify the Subrecipient within-fifteen
(15) calendar days after receipt of all required information of the decision on
substitutions. This clause will be modified to reflect any approved changes of key
personnel.
4. PERFORMANCE MONITORING
The Grantee will monitor the performance of the Subrecipient against goals and performance
standards required herein. Substandard performance as determined by the Grantee will constitute
non':compliance with this contract. - If actions to correct such substandard performance are not
taken by the Subrecipient within 30 days following on-site monitoring by the Grantee, contract"
termination procedures will be initiated.
5. INSPECTION AND ACCEPTANCE
All tasks and reports shall be conducted and completed in accordance with recognized and
customarily accepted industry practices, and shall be considered complete when services are
approved as acceptable by the Grantee in writing. In the event of rejection of any tasks, reports,
etc., Subrecipient shall be notified in writing and shall have ten (10) working days from date of
issuance of notification to correct the deficiencies and re-submit acceptable work within said ten-day
period. Failure to submit acceptable wo~kwithin said ten-day periodshall constitute a breach of
this contract for which the Subrecipient may be held in default.
6. SEVERABILITY
If any term or condition of this Agreement is found by a court of competent jurisdiction to be void
or invalid, such invalidity shall not affect the remaining terms and conditions of this Agreement,
which shall continue in full force and effect.
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7. COMPENSATION
The Subrecipient shall be paid a total consideration of$ 21,000 for full perfontlance of the services
specified under this Agreement. Any cost above this amount shall be the sole responsibility of the
Subrecipient. Subrecipient shall submit monthly requests for payments to the Housing and
Neighborhood Development (HND) Department. Compensation shall be allowed on a
reimbursement basis, only after expenditures have been incurred by the Subrecipient and proper
supporting documentation has been submitted in conformity with the approved and executed
budget document which is attached to this Contract as Appendix C, incorporated herein, by
reference. In every case, payment will be made subject to receipt of a reimbursement request for
payment from the Subrecipient specifying and certifying that such expenses have been incurred
and expended in conformance with this Contract and that the Subrecipient is entitled to receive the
amount requested under the terms of this Contract. 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.
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Requests for payments must be received by ,Grantee not later than the15 .day of each calendar
month for work performed during thepreceding calendar month. The Subrecipient shall not claim
reimbursement from the Grantee for that portion of its.obligations which has been paid by:'another
source of revenue.
The Subrecipient shall notify the Grantee in writing of all authorized personnel .who shall. be
empowered to file requests for payment pursuant to this Agreement.
8:' USE OF FUNDS
Use offundsreceived 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
, EiwironmEmtal 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~.Ari1ericans 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, 1124e, 11375, 12086, and 12259.
Further, any funded activity must be designed or so located as to principally benefit lower income
persons, aid in the prevention or elimination of slums or blight, or meet urgent community
development needs, as defined i.n the program regulations.
Subrecipient agrees to comply with the uniform administrative requirements specified at 24 CFR
570.502 and 24 CFR 570.610, including:
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If the Subrecipient is a government agency, OMB Circular A-87, "Principles for Determining Costs
Applicable to Grants and Contracts With State, Local and Federally-Recognized Indian Tribal
Govemments;" OMB Circular A-128, "Audits of State and Local Governments" (implemented at 24
CFR 44); and the sections of 24 CFR 85, "Uniform Administrative Requirements for Grants and
Cooperative Agreements to State and.Local Govemments," specified at 24 CFR 570.502(a). If the
Subrecipient is not a government agency, OMB Circular A-122, "Cost Principles for Non-Profit
Organizations," or OMB Circular A-21 , "Cost Principles for Educational Institutions," as applicable;
and OMB A-110, 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 revert to
. the Grantee for use in the Community Development Block Grant Program. . Program income is
anticipated to be approximately $0.
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10. REVERSION OF ASSETS
Upon termination of this contract, the Subrecipient shall transfer to the Grantee any CDBG allocated
. funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG
-funds. - , .- .
In addition, any equipment or real property under the Subrecipient's control acquired or improved
in whole or in part with CDBG funds (including funds provided to the Subrecipient in the form of a
, loan) iniexcessof $25,000 will be used to meet one of the national objectives in ,9570.208 until
_ ,five years after expiration of this, Contract; or for such longer period of time 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 the.
..' 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 outside
. the metropolitan area with funds provided under this Contract. All Federal Travel Regulations are
applicable (41 CFR Part 301).
13. INDEMNIFICATION
Subrecipient agrees to indemnify and hold harmless Grantee from any and all claims in any way
related to or arising out of Subrecipient's performance of its obligations hereunder and/or
Subrecipient's failure to perform its obligations hereunder or related to or arising out of any damage
or injury to property or persons, occurring or allegedly occurring in connection with Subrecipient's
performance or non-performance of its obligations hereunder. No payment, however, final or
otherwise, shall operate to release the Subrecipient from any obligations under this Contract.
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14. INSURANCE & BONDING.
Subrecipient shall carry sufficient insurance coverage to protect contract assets from loss due to
theft, fraud and/or undue physical damage, arid as a minimum shall purchase a blanket fidelity bond
covering all employees in an amount equal to cash advances from the Grantee. All policies
providing insurance coverage required to be maintained by Subrecipient hereunder shall list
Grantee, The Augusta-Richmond County Commission and its Mayor, and their officers, agents,
members, employees and successors as named insureds, as their interests may appear, and shall
be issued by an insurance carrier or carriers licensed to do business in the State of Georgia and
reasonably acceptable to Grantee. All such policies shall provide that no act or. omission of Grantee
or its agents, servants, or employees shall in any way invalidate any insurance coverage for the
other named insureds. No insurance policy providing any insurance coverage required to be
provided by Subrecipient hereunder shall be cancelable without at least 15 days advance written
notice to Grantee. All insurance policies required hereunder, or copies thereof, shall be provided
to, Grantee by Subrecipient.
15. GRANTOR RECOGNITION
Subrecipient shall insure recognition of the role of the grantor agency in providing services through
this contract. All activities, facilities and items utilized pursuant to this contract shall be prominently
labeled .as to funding source. In. addition, the Subrecipient will include a reference::to the support
provided herein all publications made possible with funds made available under thiscontracL
16. 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 meeting and make the same available for
. inspections by the press, the public and the Grantee. The press, public and the Grantee shall not
be denied admittance to the Subrecipient's board meetings.
Subrecipient shall provide to the Grantee a tentative annual schedule of the Board of Directors'
meetings. Publications and minutes of each meeting shall be submitted to Grantee within 30 days
after each meeting.
17. ASSIGNMENT
Without the prior written consent of the Grantee, this Agreement is not assignable by the
Subrecipient, either in whole or in part.
18. ENTIRE CONTRACT; ALTERATION
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.
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19. GENERAL TERMS AND CONDITIONS
a. REPORTS
The Subrecipient agrees to submit to Grantee monthly clients' statistical reports, quarterly
progress reports, financial reports and any other reports that may be specified in Appendix
D.
b. CLIENT DATA
Subrecipient agrees to maintain racial, ethnic, gender, head of household, household
income, and household size data showing the extent to which these categories of persons
have participated in, or benefited from the project, and to submit this information to the
Grantee by January 30, 2003.
c. RECORDS TO SE MAINTAINED
Subrecipient shall maintain all records required by the federal regulations specified in ,24
CFR Part 570.506, and that are pertinent to the activities to be funded under this contract.
" Such records shall include but are not limited to the items listed below:
(1 )
(2)
(3)
(4)
(5)
Records providing a full description of each activity undertaken;
Records demonstrating that each activity undertaken meets one of the
National Objectives of the CDSG Program;
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Records required to determine the eligibility of activities;
Financial records as required by 24 CFR Part. 570.502, and OMS Circular
A-133; and
Other records necessary to document compliance with Subpart K of 24 CFR .
570.
Subrecipient agrees to keep all necessary books and records, including property, personnel
and financial records, in connection with the operations and services performed under this
Agreement, and shall document all transactions so that all expenditures may be properly
audited. If the Subrecipient receives $300,000 or more in combined federal assistance, it
agrees to obtain an audit conducted in accordance with OMS Circular A-133. However, if
an audit is not required, the Subrecipient agrees to provide quarterly financial reports to the
Grantee. If Subrecipient do not prepare financial statements on a monthly or quarterly
basis, a detailed list of cash receipts and disbursements should be submitted to Grantee
quarterly.
d. ACCESS TO RECORDS
The Subrecipient agrees that the Grantee or any authorized representative has access to
and the right to examine all records, books, papers, or documents related to the project.
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e. RETENTION
The Subrecipient hereby severally warrants that all project records, books, papers, and
documents will be retained for a period of not less than four (4) years after the termination
of all activities funded under this contract, or after the resolution of all Federal audit findings,
whichever occurs later and grants the Grantee the option of retention of the project records,
books, papers, and documents. The retention period shall start from the date of submission
of the Grantee's annual performance report, as prescribed in 24 CFR 91.520, in which the
specific activity is reported on for the final time rather than from the date of submission of
the final expenditure report for the award.
f. PERMITS
The Subrecipient agrees to obtain all necessary permits for intended improvements or
activities.
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 indemnify the Grantee from and against any and all liability for
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any noncompliance on the part of the Subrecipient.
k. INDEPENDENT CONTRACTOR
Nothing contained in this Agreement is intended to, or shall be construed in any manner to,
create or establish an employer-employee relationship between the parties, nor shall any
employee of the Subrecipient by virtue of this Contract be an employee of the Grantee for
any purpose whatsoever, nor shall any employee of the Subrecipient be entitled to any of
the rights, privileges, or benefits of Grantee employees. The Subrecipient shall be deemed
at all times an independent contractor and shall be wholly responsible for time, means and
manner for performance of the services required of it by the terms of this Contract. The
Subrecipient assumes exclusively the responsibility for the acts of its employees as they
relate to the services provided during the course and scope of their employment.
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 ma'y be procured with funds provided
herein. The Subrecipient shall consult Grantee on any procurement to assure conformance
with applicable laws, regulations' and standards.
20. OTHER PROVISIONS .'
a.' Equal Employment Opportunity
The following provisions (1) and (2) are applicable to all contracts and subcontracts;
provisions (3) through (7) are. applicable to all non-exempt construction contracts
and subcontracts which exceed $10jOOO:.
,;
(1) The Subrecipient shall not discriminate against any employee or applicant
for employment. because of race, color, creed, religion, sex, age, handicap,
disability, sexual orientation, ancestry, national origin, marital status, familial
status, or any other basis prohibited by applicable law. The Subrecipient
shall take affirmative action to ensure that applicants are employed and that
employees are treated during employment without regard to their race, color,
creed, religion, sex, age, handicap, disability, sexual orientation, ancestry,
or national origin. Such action shall include, but not be, limited to the
following: employment, upgrading, demotion or transfer, recruitment or
recruitment a~vertising, layoff or termination, rates of payor other forms of
compensation, and selection for training including apprenticeship. The
Subrecipient agrees to post in conspicuous places, available to employees
and applicants for employment, notices to be provided setting forth the
provisions of this nondiscrimination clause.
(2) The Subrecipient will, in all solicitations or advertisements for employees
placed by or on behalf of the Subrecipient, state that all qualified applicants
will receive consideration for employment without regard to race, creed,
religion, sex, age, handicap, disability, sexual orientation, ancestry, national
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origin, marital status, or any other basis prohibited by applicable law.
(3) The Subrecipient will send to each labor union or representative of workers
with which it has a collective bargaining agreement or other contract or
understanding, a notice to be provided advising the said labor union or
workers' representatives of the Subrecipient's commitments under this
section, and shall post copies of the notice in conspicuous places available
to employees and applicants for employment.
(4) The Subrecipient will comply with all provisions of Executive Order 11246,
Equal Employment Opportunity, of Sept~mber 24, 1965, as amended by
Executive Orders 11375, and 12086, copies of which are on file and
available at the Grantee, and of the rules, regulations, and relevant orders
of the Secretary of Labor. '
(5) The Subrecipient will furnish all information and reports required by
Executive Orders 11246 of September 24, 1965, as amended, and by rules,
regulations, and orders of the Secretary of Labor, or pursuant thereto, and
will permit access to its books, records, and accounts by HUD and the
Secretary of Labor for purposes of investigation to ascertain compliance with
such rules, regulations, and orders.
(6) In the event of the Subrecipia1t's noncompliance with the nondiscrimination
clauses of this Contract or with any of the said rules, regulations, or orders,
this Contract may be canceled, terminated, or suspended in whole or in part
and the Subrecipient may be declared ineligible for further Government
contracts or federally assisted construction contracts in accordance with
procedures'authorized in Executive Order 11246 of September 24, 1965, as
amended, and such other sanctions may be imposed and remedies invoked
as provided in Executive Order 11246 of September 24, 1965, as amended,
or as otherwise provided by law.
(7) The Subrecipient will include the portion of the sentence immediately
preceding paragraph (1) and the provisions of paragraphs (1) through (7) in
every subcontract or purchase order unless exempted by rules, regulations,
or orders of the Secretary of Labor, issued pursuant to Section 204 of
Executive Order 11246 of September 24, 1965, as amended, so thatsuch
provisions will be binding upon each subcontractor or vendor. The
Subrecipient will take such action with respect to any subcontract or
purchase orderas,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.
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b. Equal Opportunity in Participation
Under the terms of Section 109 of the Housing and Community Development Act
of 1974, and in conformance with Grantee policy and all requirements imposed by
or pursuant to the Regulations of HUD (24 CFR Part 570.601 and 570.602) issued
pursuant to Section 109, no person in the United States shall on the ground of race,
color, creed, religion, sex, age, handicap, disability, sexual orientation, ancestry,
national origin, marital status, familial status, or any other basis prohibited by
applicable law be excluded from participation in, be denied benefits of, or be .
subjected to discrimination under any program or activity funded in whole or in part
with Community Development Block Grant Program funds.
Specific (not exclusive) Discriminatory Actions Prohibited:
The Subrecipient may not directly or through contractual or other arrangements, on
the grounds of race, color, creed, religion, sexual orientation, ancestry, national
origin, marital status, familial status, age, 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
benefits under the program or activity.
(5) Treat an individual differently from others in determining whether the
individual satisfies any admission, enrollment, eligibility, membership, or
other requirem~nt Of 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 an opportunity to participate in
a program or activity as an employee.
c. Business and Employment Opportunities for Lower Income Residents, Women-
Owned Business Enterprises, and Minority-Owned Business Enterprises.
The Subrecipient will use its best efforts to afford minority and women-owned business enterprises
the maximum practicable opportunity to participate in the performance of this contract. As used in
this contract, the term "minority and female business enterprise," means a business at least fifty-one
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(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 sumamed
or written representations by Subrecipients regarding their status as minority and female business
enterprises in lieu of an independent investigation.
d. SECTION 3 CLAUSE
The Subrecipient will conform with the rules and regulations set forth under Section 3 of the
Housing and Urban Development Act of 1968, (12 USC 1701u), as amended, and the HUD
regulations issued pursuant thereto at 24 CFR Part 135. This Act requires that, to the greatest
extent feasible, opportunities for training and employment be given to lower income residents of the
project area, and contracts for work in connection with the project be awarded to business concems
which are located in, or owned in substantial part by persons residing in the area of the project. In
all solicitations for bids the contractor must, before signing the contract, provide a preliminary
statement of the work force needs and plans for possible training and employment of lower income
persons. When a Subrecipient utilizes the bidding procedure to let a bid, the invitation or solicitation
for bids shall advise prospective contractors of the requirements of Section 3 of the Housing and
Urban Development Act of 1968, as amended, and the clause shall be inserted as a component
part of any contract or subcontract.
If a Subrecipient solicits or requests an invitation for bids, every effort feasible 'will be, made to
contact minority-owned and women-owned business enterprises for a response to the solicitation
or invitation for bidders. .,
e. Nondiscrimination in Federally-Assisted Programs
The Subrecipient will comply with Title VI of the Civil Rights Act of 1964 (PL 88-352, 42USC 2000d
et seq.) and the Fair Housing Act (42 USC 3601-20).- In accordance with Grantee Policy; and Title
VI of the Civil Rights Act of 1964 (PL 88-352), in the sale, lease or other transfer of land acquired;
leased or improved with assistance provided under this Agreement, the deed or lease for such
transfer shall contain a covenant prohibiting discrimination upon the basis of race, color, creed,
religion, sex, handicap, disability, sexual orientation, ancestry, national origin, marital status, or .
familial status, in the sale, lease, or rental, or in the use or occupancy of such land or any
improvements erected or to be erected thereon. The Subrecipient will comply with Title VII of the
Civil Rights Act of 1968 (PL 90-284) as amended and will administer all programs and activities
related to housing and community development in a manner to affirmatively further Fair Housing.
f. Labor Standards
Except with respect to the rehabilitation of residential property designed for residential use for less
than eight households, the Subrecipient and all subcontractors engaged in contracts in excess of
$2,000 for the construction, completion, rehabilitation, or repair of any building or work financed in
whole or in part with assistance provided under this Agreement are subject to the federal labor
standards provisions which govern the payment of wages and the ratio of apprentices and trainees
to joumeyWorkers. Under the terms of the Davis-Bacon Act, as amended, the Subrecipient is
required to pay all laborers and mechanics employed on construction work wages at rates not less
than those prevailing on similar construction in the locality as determined by the Secretary of Labor,
and shall pay overtime compensation in accordance with and subject to the provisions of the
Contract Work Hours and Safety Standards Act (40 USC 327-332), and the Subrecipient shall
12
comply with all regulations issued pursuant to these Acts and with other applicable Federal laws
and regulations pertaining to labor standards, including the Copeland "Anti-Kickback" Act.
Provided that if wage rates higher than those required under the regulations are imposed by State
or Local laws, nothing hereunder is intended to relieve the Subrecipient of its obligation, if any, to
require payment of the higher rates.
g. Flood Disaster Protection
This Agreement is subject to the requirements of the Flood Disaster Protection Act of 1973 (PL93-
234). Use of any assistance provided under this Agreement for acquisition or construction in an
area identified as having special flood hazards shall be subject to the mandatory purchase of flood
insurance with the requirements of Section 102(a) of said Act.
h. Clean Air Act and Federal Water Pollution Control Act (Applicable to Contracts and
Subcontracts which exceed $100,000). '
The Subrecipient shall comply with and require each subcontractor to comply with all applicable
standards of the Clean Air Act of 1970 (42 USC.1857 et seq.), as amended, the Clean Air Act of
1990, the Federal Water Pollution Control Act (33 USC 1251 et seq.), as amended, and 'the
regulations of the Environmental Protection Agency with respect thereto, at 40 CFR Part 15, as
amended'from time to time.
. i. Provisions of the Hatch Act
Neitherthe 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.
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
13
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).
I. Acquisition, Rehabilitation, and Demolition of Real Property and Displacement of
Persons and Businesses
Subrecipient will comply with the "Grantee's Community Development Block Grant Program Plan
for Minimizing the Displacement of Persons as a result of Community Development Block Grant
Funded Activities" and the Grantee's Community Development Block Grant Program Residential
Anti-displacement and Relocation Assistance Plan." The Subrecipient will conduct any acquisition,
rehabilitation, or demolition, of real property, and any negotiations for acquisition, rehabilitation, or
demolition of real property in compliance with the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970, as amended,Section 104(d) of the Act, and the implementing
regulations at 49 CFR 24 and 24 CFR 570.606. Unless specifically permitted in Appendix B or
Appendix C"Subrecipient will not cause either temporary or permanent involuntary displacement
.: of persons' or businesses. If Subrecipient causes the involuntary temporary or -permanent
displacement of any person or business as a result of Community Development Block Grant
Activities, it shall comply with the Grantee's "Plan to Assist Persons Actually Displaced by
Community Development Block Grant Activities," and Subrecipient shall provide all notices,
advisory assistance, relocation benefits, and replacement dwelling units as required by the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, Section
104(d) of the Act, and the implementing, regulations at 49 CFR 24 and 24 CFR 570.606.
Subrecipienthereby agrees to defend, to pay, and to indemnify the Grantee,from and:against any
and'allclaims and liabilities for relocation benefits or the provisionof replacement dwelling units
required by federal statutes and regulations in connection with activities undertaken pursuant to this
Agreement. '
m. Lobbying Restrictions
, Subrecipient certifies that, to the'best of its knowledge and belief:
No Federal appropriated funds have been paid or will be paid, by or on behalf of it; to any person
for influencing or attempting to influence an officer or employee of any agency, a Member of
, Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of any Federal Grant; the making
of any Federal loan, the entering info '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
14
It will require that the language of this paragraph M be included in the award documents for all
subawards at all tiers (including subcontractors, subgrants, and contracts under grants, loans, and
cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by Section 1352, Title 31, United States Code. Any person
who fails to file the required certification shall be subject to a civil penalty of not less than $10,000
and not more than $100,000 for each such failure.
n. Provisions Required by Law Deemed Inserted
Each and every provision of law and clause required by law to be inserted in this Contract shall be
deemed to be inserted herein and the contract shall be read and enforced, as though it were
included herein, and if through mistake or otherwise any such provision is not inserted, or is not
correctly inserted, then upon the application of either party the contract shall forthwith be physically
amended to make such insertion or correction.
o. HISTORIC PRESERVATION
If applicable, the Subrecipient agrees to comply with the Historic Preservation requirements set for
. in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures
set forth inCFR, Part, 800, Advisory Council of Historic preservation Procedures for: Protectiori of
Histcjric"properties, insofar as they apply to the performance of this contract '-
"' "
In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation
'and demolition of historic properties that are fifty years old or older or that.are included on a
Federal, State, or local historic property list.
21. MISCELLANEOUS
a: This Agreement shall be governed by and construed according to the laws of-the
State of Georgia.
b. Time shall be of the essence to this Contract, except where it is herein specifically
provided to the contrary. Subrecipient shall provide the scope of services. in
accordance with the schedule set forth in Appendix B.
15
IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first written
above.
ATTEST:
~~ na J;Sonner
.,~- Clerk.of.C~mniission
\ -...... ....-
'.~ ~~'-~,.~{.i'.\ ~.-
............ . \- I ~ .. .. ..
, ATTEST:
SEAL
AUGUSTA, GEORGIA
Grantee)
~BY: .
SHILOH COMPREHENSIVE COMMUNITY CENTER, INC.
(Subrecipient)
By:lZi: fil. tA~
Ruth S. era rd.
As its Executive Director
As its Corporate Secretary .
~L
. ~ r
~ (Plain. . ness)
L,
16
. APPENDIX A
Project Area
The project is located at 1633-1637 Fifteenth Street, Augusta, Georgia.
APPENDIX B
Goals, Objectives, and Tasks
The Shiloh Comprehensive Community Center is a neighborhood facility for predominately senior
citizens. The Center consists of three buildings: Strong Academy, the Girls Dormitory and the Boys
Dormitory. The center is located near four low income public housing complexes: Cherry Tree
Crossing, Gilbert Manor, Sunset Villa and Jennings Homes.
Community Development Block Grant (CDBG) funds will be used to purchase a multi-passenger
wheelchair accessible van to transport senior citizens to and from the Center. Subrecipient shall
follow procurement procedures that are in conformance with the City's Purchasing Policies and
Procedures. For purchases over $10,000, subrecipient shall develop specifications and seek
sealed bids formal advertising. The invitation for bids shall be publicly advertised in the Augusta
Chronicle and at least one minority newspap~r. Bids shall be solicited from an adequate number
of known suppliers/vendors, providing them sufficient time prior to the date set for opening ofthe
bids. All bids shall be publicly opened at the time and place prescribed in the invitation for bids.
Award of bid shall be made to the most responsive bidder. '
Trip logs shall be maintained. Log shall include date, mileage, purpose of trip, origin and
destination of each trip. Trip log report shall be submitted to Grantee quarterly.
APPENDIX C
Budget
Purchase Van
$21,000.00
$21,000.00
TOTAL
APPENDIX D
Reporting Requirements
The Subrecipient shall submit to the Grantee the following reports for the term of this agreement.
1. Monthly Statistical Reports - Due each month by the 15th for the previous month.
2. Quarterly Progress Reports
Due April 15,2002, July 15, 2002, October 15, 2002 and January 15, 2003.
3. Annual Report
4. Audit Report (Due 30 days after completion of audit).
17
ATTACHMENT #1
Regulations, Circulars & Local Procurement Policy
1. Community Development Slo'ck Grant Entitlement Program 24 CFR 570
2. OMS Circular A-122
"Cost Principles for Non-Profit Organizations"
3. OMS Circular A-110
"Grants and Agreements with Institutions of Higher Education, Hospitals, & Other
Non-Profit Organizations"
4. OMS Circular A-133, "Audits of Institutions of Higher Education and Other Non-Profit
Institutions"
5. Augusta-Richmond County Procurement Policy
18
:.
ATTACHMENT #2
Forms
Reimbursement Request
Monthly Statistical Report
Quarterly Report
Annual Report
Travel Log
Mileage/Gas Log
\ ,
19
-'F
- ,~
2002 COMMUNITY DEVELOPMENT BLOCK GRANT PR'OGRAM
B-2002-MC-13-0003
Estimate
Entitlement Grant $2,903,000.00
Program Income 80,000.00
Total Funds Available $2,983,000.00
PROPOSED
1015# Project # PROJECT BUDGET $
Acquisition
02010 Hope House 50,000.00
Public Facilities & Improvements
02030 Boys & Girls Club . 50,000.00
02031 Family Y 100,000.00
02032 Girls Club 1,727.59
02033 Parks Imp - McDuffie Woods & Meadowbrook 200,000.00
Public Services
02050 30901 Development Corporation - \NT Johnson 15,000.00
02051 Able DisAbled 20,000.00
02052 Art Factory 6,000.00
02053 Augusta Mini Theatre 5,000.00
02054 Augusta Youth Center 36,000.00
02055 Augusta Urban Ministries 10,000.00
02056 CSRA EOA 20,500.00
02057 Coordinated Health Services 8,000.00
02058 Golden Harvest Food Bank "Brown Bag" 20,000.00
02059 Hope House 10,000.00
02060 Housing Authority 20,000.00
02061 JWC Helping Hands 13,500.00
02062 Lucy Laney Museum 10,000.00
02063 MACH Tennis & Chess 10,000.00
02064 Neighborhood Improvement Project 10,000.00
02066 Senior Center - Senior Transportation 10,000.00
02067 Shelter & Advocacy for Abused Children 5,000.00
02068 Shiloh Center 21,000.00
Clearance & Demolition
02040 ARC Land Bank Authority 50,000.00
Rehabilitation . ' '
02140 . Housing Rehabilitation Program 500,000.00
02140 Owner-occupied 375.000
02142 Emergency Grants ' 50,000
02146 World Changers 75.000
02147 Transition Center 75,000.00
Economic Development
02181 ED Loan Program 124,000.00
Code Enforcement
02150 ARC Inspection Department 185,672.41
Special Activities by CaDa
02184 30901 Development Corporation (loan) 400,000.00
02185 ANIC 200,000.00
Repayment of Section 108 Loan Principal
02190 Olde Town Properties 200,000.00
Program Administration & Planning
02200 ARC Planning Commission 35,000.00
02210 General Administration 541,600.00
02211 Fair Housing Study Update 20,000.00
TOTAL $2,983,000.00
~
,-=} .
R-UDAG FUNDS
PROPOSED
Project # PROJECT BUDGET $
Public Services
Augusta Task Force for the Homeless 40;000.00
Catholic Social Services 35,000.00
SAFE Homes 25,000.00
TOTAL $100,000.00
2002 EMERGENCY SHELTER GRANT PROGRAM
S-2002-MC-13-0004
Entitlement Grant
Estimate
$99,000.00
PROPOSED
1015 # Project # PROJECT BUDGET $
0201 Antioch Ministries 5,823.53
-0202 Augusta Task Force for the Homeless 5,823.53
0203 Augusta Urban Ministries 5,823.53
0204 Catholic Social Services 5,823.53
0205 Coordinated Health Services 5,823.53
0206 CSRA EOA 5,823.53
0207 Golden Harvest Food Bank 5,823.53
0208 Good Hope Social Services Ministries 5,823.53
0209 Hale Foundation 5,823.53
0210 Hope Hause 5,823.53
0211 Interfaith Hospitality . 5,823.53
0212 JWC Helping Hands 5,823.53
0213 Light of the World Neighborhood & ED 5,823.53
0214 St. Stephen Ministries 5,823.53
0215 SAFE Homes 5,823.53
0216 Salvation Army 5,823.53
0217 Transition Center 5,823.52
TOTAL $99,000.00
..
'.......
'.
2002 HOME INVESTMENT PARTNERSHIP PROGRAM
M-2002-MC-13-0206
Estimate
Entitlement Grant $1,457,000.00
Program Income (estimate) 150,000.00
Total Funds Available $1,607,000.00
EXISTING FUNDS
Existing Program Income $ 213,028.00
HOME Administration (2000-87,900 &2001-145,700) 233,600.00
Total Funds Available $446,628.00
TOTAL
$2,053,628.00
IDIS # I Project # I I PROPOSED
PROJECT BUDGET $
HOME Projects
\ 02206 \ PROJECTS I 1,211,300.00
HOME Administration
I 02207 I ADMINISTRATION I 145,700.00
CHDO
I 02208 I CHDO - LWDC Summerfield East Enhancements I 250,000.00
TOTAL I $1,607,000.00
HND - Down Payment Assistance
HND - Demo/Rebuild
HND - Rental Rehab
AFH - Habitat for Humanity
30901 DC
Antioch Ministries
Housing Development
Promised Land COC
East Augusta CDC
LWDC - CHDO
Sand Hifls
Adminis'tration,
Total'
$ 50,000
$ 225,000
$ 100,000
$ 100,000
$ 200,000
$ 200,000
$ 300,000
$ 150,000'
$ 75,000
$ 250,000
$ 200,000
$ 203,628
$ 2,053,628
t. - ,,:.
......
'ORIGINAL
,.
CONTRACT BETWEEN AUGUSTA, GEORGIA
AND
THE ART FACTORY, INC.
FOR
YEAR 2002 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
THIS AGREEMENT, made and entered into on this ~ day of January, 2002, by and between
AUGUSTA, GEORGIA, by and through the Augusta-Richmond County Commission, as the
Implementor of the Community Development Block Grant Program (hereinafter referred to as
"Grantee"), and The Art Factory, Inc., (hereinafter referred to as the "Subrecipient").
WHEREAS, the Grantee has received a Community Development Block Grant from the United
States Department of Housing and Urban Development (HUD) under Title I of the Housing and
Community Development Act of 1974, as amended (42 USC 5301 et seq.) (the Act); and
WHEREAS, pursuant to such Grant, the Grantee is undertaking certain programs and services
necessary for the planning, implementation and execution of such a Community Development Block
Grant Program; and
WHEREAS, the Grantee desires to engage the Subrecipient to render certain services, programs,
or assistance in connection with such undertakings of the Community Development Block Grant
Program, situated in the Project Area described in Appendix A.
NOW, THEREFORE, the parties hereto do mutually agree as follows:
1. SCOPE OF SERVICE
The Subrecipient shall perform all the necessary services provided under this Contract in
accordance with and respecting the following project:
"Art Factory Arts Education Program"
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 January 01, 2002 , and shall
be undertaken and completed in such sequence as to assure their expeditious
completion in the light of the purposes of this Contract unless so otherwise specified
in the Contract Section 19 (General Terms and Conditions). This Agreement shall
remain in effect until December 31. 2002 , or until this Agreement is otherwise
terminated.
b. The parties agree that the Grantee may terminate this Contract or any work or
delivery required hereunder, from time to time, either in whole or in part, whenever
the Commission, on recommendation from the Director of the Housing and
~. ~~
-;-
;,
Neighborhood Development Department (HND), shall determine that such
termination is in the Grantee's best interest. Termination, in whole or in part, shall
be effected by delivery of a Notice of Termination signed by the Mayor, mailed or
delivered to Subrecipient, and specifically setting forth the effective date of
termination.
c. Either party may terminate this Contract, without further obligation, for the default
of the other party or its agents or employees with respect to any agreement or
provision contained herein upon 15 days written notice to the other party. All reports
or accountings provided for herein shall be rendered whether or not falling due
within the contract period.
d. Further, the Grantee reserves the right to terminate this contract upon written
notification to the Subrecipient under any of the following conditions:
(1) Notification by HUD to the Grantee that said project is ineligible because of
project location, services provided, or any other reason cited by HUD;
(2) Notification by HUD to the Grantee that said project is deficient and that
continued support of the project is not providing an adequate level of
services to'low income and minority people; or
(3) Written notification from HUD to the Grantee that the program funds made
available to the Grantee are being curtailed, withdrawn, or otherwise
restricted.
e. The Grantee also reserves the right to terminate this Contract or to reduce the
contract compensation amount if the Subrecipient:
(1) Fails to file required reports or to meet project progress or completion
deadlines;
(2) Materially fails to comply with any provision of this Agreement (which may
result in suspension or termination in accordance with 24 CFR 85.43 or
OMS 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.Jhe terms of this Agreement.
2
,',
;;-
3. KEY PERSONNEL
a. Subrecipient shall assign to this Contract the following key personnel:
(1) David J. Tucker, Executive Director
b. During the period of performance, Subrecipient shall make no substitutes of key
personnel unless the substitution is necessitated by illness, death, or termination of
employment. Subrecipient shall notify the Grantee Director of HND within five (5)
calendar days after the occurrence of any of these events and provide the following
information, providing a detailed explanation of the circumstances necessitating the
proposed substitutions, complete resumes for the proposed substitutes, and any
additional information requested by the Grantee's Director of HND. Proposed
substitutes should have comparable qualifications to those of the persons being
replaced. The Grantee's Director of HND will notify the Subrecipient within fifteen
(15) calendar days after receipt of all required information of the decision on
substitutions. This clause will be modified to reflect any approved changes of key
personnel.
4. PERFORMANCE MONITORING
The Grantee will monitor the performance of the Subrecipient against goals and performance
standards required herein. Substandard performance as determined by the Grantee will constitute'
non-compliance with this contract. If actions to correct such substandard performance are not
taken by the Subrecipient within 30 days following on-site monitoring by the Grantee, contract
termination procedures will be initiated.
5. INSPECTION AND ACCEPTANCE
All tasks and reports shall be conducted and completed in accordance with recognized and
customarily accepted industry practices, and shall be considered complete when services are
approved as acceptable by the Grantee in writing. In the event of rejection of any tasks, reports,
etc., Subrecipient shall be notified in writing and shall have ten (10) working days from date of
issuance of notification to correct the deficiencies and re-submit acceptable work within said ten-day
period. Failure to submit acceptable work within said ten-day period shall constitute a breach of
this contract for which the Subrecipient may be held in default.
6. SEVERABILITY
If any term or condition of this Agreement is found by a court of competent jurisdiction to be void
or invalid, such invalidity shall not affect the remaining terms and conditions of this Agreement,
which shall continue in full force and effect.
7. COMPENSATION
The Subrecipient shall be paid a total consideration of $ 6,000 for full performance of the services
specified under this Agreement. Any cost above this amount shall be the sole responsibility of the
3
;-
"
oJ'
Subrecipient. Subrecipient shall submit monthly requests for payments to the Housing and
Neighborhood Development (HND) Department. Compensation shall be allowed on a
reimbursement basis, only after expenditures have been incurred by the Subrecipient and proper
supporting documentation has been submitted in conformity with the approved and executed
budget document which is attached to this Contract as Appendix C, incorporated herein by
reference. In every case, payment will be made subject to receipt of a reimbursement request for
payment from the Subrecipient specifying and certifying that such expenses have been incurred
and expended in conformance with this Contract and that the Subrecipient is entitled to receive the
amount requested under the terms of this Contract. 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.
th
Requests for payments must be received by Grantee not later than the 15 day of each calendar
month for work performed during the preceding calendar month. The Subrecipient shall not claim
reimbursement from the Grantee for that portion of its obligations which has been paid by another
source of revenue.
The Subrecipient shall notify the Grantee in writing of all authorized personnel who 'shall be
empowered to file requests for payment pursuant to this Agreement.
8. USE OF FUNDS
. Use of funds received pursuant to this Agreement shall be in accordance with the requirements of
the Housing and Community Development Act of 1974 (as amended), 24 CFR Part 570 and other
regulations governing the Community Development Block Grant Program, and any amendments
, or policy revisions thereto which shall become effective during the term 'of this Agreement. A copy
of said regulations is incorporated by reference. Any unused funds remaining at the expiration
of this agreement shall revert to Grantee.
In addition, the Subrecipient agrees to comply with other applicable laws, including the National
Eiwironmental 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,
arid Executive Orders 11063, 11246, 11375, 12086, and 12259.
Further, anyfunded 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.
Subrecipient agrees to comply with the uniform administrative requirements specified at 24 CFR
570.502 and 24 CFR 570.610, including: '
If the Subrecipient is a government agency, OMS Circular A-87, "Principles for Determining Costs
Applicable to Grants and Contracts with State, Local and Federally-Recognized Indian Tribal
Governments;" OMS Circular A-128, "Audits of State and Local Governments" (implemented at 24
CFR 44); and the sections of 24 CFR 85, "Uniform Administrative Requirements for Grants and
4
'.
Cooperative Agreements to State and Local Governments," specified at 24 CFR 570.502(a). If the
Subrecipient is not a government agency, OMS Circular A-122, "Cost Principles for Non-Profit
Organizations," or OMS Circular A-21 , "Cost Principles for Educational Institutions," as applicable;
and OMS A-11 0, 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 revert to
the Grantee for use in the Community Development Slock Grant Program. Program income is
anticipated to be approximately $0.
10. REVERSION OF ASSETS
Upon termination of this contract, the Subrecipient shall transfer to the Grantee any CDSG allocated
funds on hand at the time of expiration and any accounts receivable,attributable to the use of CDSG
funds.
11. INDIRECT COSTS
Indirect costs will only be paid if Subrecipient has a indirect cost allocation plan approved by the
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 outside
the metropolitan area with funds provided under this Contract. All Federal Travel Regulations are
applicable (41 CFR Part 301).
13. INDEMNIFICATION
Subrecipient agrees to indemnify and hold harmless Grantee from any and all claims in any way
related to or arising out of Subrecipient's performance of its obligations hereunder and/or
Subrecipient's failure to perform its obligations hereunder or related to or arising out of any damage
or injury to property or persons, occurring or allegedly occurring in connection with Subrecipient's
performance or non-performance of its obligations hereunder. No payment, however, final or
otherwise, shall operate to release the Subrecipient from any obligations under this Contract.
14. INSURANCE & BONDING
Subrecipient shall carry sufficient insurance coverage to protect contract assets from loss due to
theft, fraud ancIJor undue physical damage, and as a minimum shall purchase a blanket fidelity bond
covering all employees in an amount equal to cash advances from the Grantee. All policies
providing insurance coverage required to be maintained by Subrecipient hereunder shall list
5
Grantee, The Augusta-Richmond County Commission and its Mayor, and their officers, agents,
members, employees and successors as named insureds, as their interests may appear, and shall
be issued by an insurance carrier or carriers licensed to do business in the State of Georgia and
reasonably acceptable to Grantee. All such policies shall provide that no act or omission of Grantee
or its agents, servants, or employees shall in any way invalidate any insurance coverage for the
other named insureds. No insurance policy providing any insurance coverage required to be
provided by Subrecipient hereunder shall be cancelable without at least 15 days advance written
notice to Grantee. All insurance pOlicies required hereunder, or copies thereof, shall be provided
to Grantee by Subrecipient.
15. GRANTOR RECOGNITION
Subrecipient shall insure recognition of the role of the grantor agency in providing services through
this contract. All activities, facilities and items utilized pursuant to this contract shall be prominently
labeled as to funding source. In addition, the Subrecipient will include a reference to the support
provided herein all publications made possible with funds made available under this contract.
16. OPEN MEETINGS LAW COMPLIANCE
Subrecipient is subject to the Georgia Open Meetings Law if it receives more than 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 meeting and make the same available for
inspections by the press, the public and the Grantee. The press, public and the Grantee shall not
be denied admittance to the Subrecipient's board meetings.
Subrecipient shall provide to the Grantee a tentative annual schedule of the Board of Directors'
. meetings. Publications and minutes of each meeting shall be submitted to Grantee within 30 days
after each meeting.
17. ASSIGNMENT
Without the prior written consent of the Grantee, this Agreement is not assignable by the
Subrecipient, either in whole or in part.
18. ENTIRE CONTRACT; ALTERATION
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.
19. GENERAL TERMS AND CONDITIONS
a. REPORTS
The Subrecipient agrees to submit to Grantee monthly clients' statistical reports, quarterly
progress reports, financial reports and any other reports that may be specified in Appendix.
6
~
b. CLIENT DATA
Subrecipient agrees to maintain racial, ethnic, gender, head of household, household
income, and household size data showing the extent to which these categories of persons
have participated in, or benefited from the project, and to submit this information to the
Grantee by January 30, 2003.
c. RECORDS TO SE MAINTAINED
Subrecipient shall maintain all records required by the federal regulations specified in 24
CFR Part 570.506, and that are pertinent to the activities to be funded under this contract.
Such records shall include but are not limited to the items listed below: .
(1) Records providing a full description of each activity undertaken;
(2) Records demonstrating that each activity undertaken meets one of the
National Objectives of the CDSG Program;
(3) Records required to determine the eligibility of activities;
(4) Financial records as required by 24 CFR Part 570.502, and OMS 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 $300,000 or more in combined federal assistance, it
agrees to obtain an audit conducted in accordance with OMS Circular A-133. However, if
an audit is not required, the Subrecipient agrees to provide quarterly financial reports to the
Grantee. If Subrecipient do not prepare financial statements on a monthly or quarterly
basis, a detailed list of cash receipts and disbursements should be submitted to Grantee
quarterly.
d. ACCESS TO RECORDS
The Subrecipient agrees that the Grantee or any authorized representative has access to
and the right to examine all records, books, papers, or documents related to the project.
e. RETENTION
The Subrecipient hereby severally warrants that all project records, books, papers, and
documents will be retained for a period of not less than four (4) years after the termination
of all activities funded under this contract, or after the resolution of all Federal audit findings,
whichever occurs later and grants the Grantee the option of retention of the project records,
books, papers, and documents. The retention period shall start from the date of submission
of the Grantee's annual performance report, as prescribed in 24 CFR 91.520, in which the
specific activity is reported on for the final time rather than from the date of submission of
the final expenditure report for the award.
7
.,
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 Subrecipientwho exercises any functions or responsibility
with respect to the program during his or her tenure or for one year thereafter, shall have
any financial interest, direct or indirect, in any contract or subcontract, or the proceeds
thereof, either for themselves or those with whom they have family or business ties, for work
to be performed in connection with the program assisted under this Agreement.
i. AUTHORIZATION TO EXECUTE AGREEMENT
The undersigned person signing as an officer on behalf of the Subrecipient, a party to this
Agreement, hereby severally warrants and represents that said person has authority to
enter into this Agreement on behalf of said Subrecipient and to bind the same to this
Agreement, and further that said Subrecipient has authority to enter into this Agreement and
that there are no restrictions or prohibitions contained in any article of incorporation or bylaw
against entering into this Agreement.
j. SECTION 504
The Subrecipient hereby certifies that, in the implementation of projects funded by this
Agreement and in all of its other operations, it will comply with all requirements of Section
504 of the Rehabilitation Act of 1973 (29 use 794) (and the implementing regulations at 24
CFR 8), the Americans with Disabilities Act of 1990 (PL 101-336), and all state and local
laws requiring physical and program accessibility to people with disabilities, and agrees to
defend, hold harmless, and indemnify the Grantee from and against any and all liability for
any noncompliance on the part of the Subrecipient.
k. INDEPENDENT CONTRACTOR
Nothing contained in this Agreement is intended to, or shall be construed in any mannerto,
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
8
the rights, privileges, or benefits of Grantee employees. The Subrecipient shall be deemed
at all times an independent contractor and shall be wholly responsible for time, means and
manner for performance of the services required of it by the terms of this Contract. The
Subrecipient assumes exclusively the responsibility for the acts of its employees as they
relate to the services provided during the course and scope of their employment.
I. PROCUREMENT
When procuring property, goods and services under $100,000, the Subrecipientshall follow
Augusta-Richmond County's p'rocurement procedures, which reflects applicable state and
local laws and regulations. For the purchases of $100,000 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 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
(a) In aiL cases in which personal property is sold, the proceeds shall be
program income, and
(b) Personal property not needed by the Subrecipient for CDSG 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 or shall be retained after submitting
compensation 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 CDSG funds provided on the
original cost 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 Housing and Neighborhood
Development (HND) Department within seven (7) calendar days after
delivery to the Subrecipient of equipment or personal property in order for
HND to effect identification and recording for inventory purposes. Property
records must be maintained that include a description of the property, a
9
"
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 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 establisher 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) Such real property must be used to meet one of the national objectives in 24
CFR 570.208 for a period of five years immediately following the expiration
of the term of this Agreement; or
(b) If such real property is not Llsed in accordance with subsection (n)(1)(a), next
above, during t~e five-year period immediately following the expiration of the
term of this Agreement, the Grantee shall be reimbursed in the amount of
the current fair market value of such real property less any portion of the
value attributable to such real property less any portion of the value
attributable to expenditures of non-CDBG funds for acquisition, or
improvement of such real 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) form its original approved expiration of the
term of this Agreement, 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 during such five-year period shall be made at the sole discretion of the
Grantee or its designee.
(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
10
property are not met by the Subrecipient at any time during the five-year period
immediately following the expiration of the term of this Agreement. The
calculation of any funds and/or monies which may be due hereunder shall be
determined solely by the Grantee.
(4) Grant of Lien. Prior to disbursement of any amount of funds to the Subrecipient
for 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.
20. OTHER PROVISIONS
a. Equal Employment Opportunity
Provisions (1) and (2) are applicable to all contracts and subcontracts; provisions
(3) through (7) are applicable to all non-exempt construction contracts and
subcontracts which exceed $10,000:
(1) The Subrecipient shall not discriminate against any employee or applicant
for employment because of race, color, creed, religion, sex, age, handicap,
disability, sexual orientation, ancestry f national origin, marital status, familial
status, or any other basis prohibited by applicable law. The Subrecipient
shall take affirmative action to ensure that applicants are employed and that
employees are treated during employment without regard to their race, color;
creed, religion, sex, age, handicap, disability, sexual orientation, ancestry,
or national origin. Such action shall include, but not be limited to the
following: employment, upgrading, demotion or transfer, recruitment or
recruitment advertising, layoff or termination, rates of payor other forms of
compensation, and selection for training including apprenticeship. The
Subrecipient agrees to post in conspicuous places, available to employees
and applicants for employment, notices to be provided setting forth the
provisions of this nondiscrimination clause.
(2) The Subrecipient will, in all solicitations or advertisements for employees
placed by or on behalf of the Subrecipient, state that all qualified applicants
will receive consideration for employment without regard to race, creed,
religion, sex, age, handicap, disability, sexual orientation, ancestry, national
origin, marital status, or any other basis prohibited by applicable law.
(3) The Subrecipient will send to each labor union or representative of workers
with which it has a collective bargaining agreement or other contract or
understanding, a notice to be provided advising the said labor union or
workers' representatives of the Subrecipient's commitments under this
section, and shall post copies of the notice in conspicuous places available
to employees and applicants for employment.
11
(4) The Subrecipient will comply with all provisions of Executive Order 11246,
Equal Employment Opportunity, of September 24, 1965, as amended by
Executive Orders 11375, and 12086, copies of which are on file and
available at the Grantee, and of the rules, regulations, and relevant orders
of the Secretary of Labor.
(5) The Subrecipient will furnish all information and reports required by
Executive Orders 11246 of September 24, 1965, as amended, and by rules,
regulations, and orders of the Secretary of Labor, or pursuant thereto, and
will permit access to its books, records, and accounts by HUD and the
Secretary of Labor for purposes of investigation to ascertain compliance with
such rules, regulations, and orders.
(6) In the event of the Subrecipient's noncompliance with the nondiscrimination
clauses of this Contract or with any of the said rules, regulations, or orders,
this Contract may be canceled, terminated, or suspended in whole or in part
and the Subrecipient may be declared ineligible for further Government
contracts or federally assisted construction contracts in accordance with
procedures authorized in Executive Order 11246 of September24, 1965, as
amended, and such other sanctions may be imposed and remedies invoked
as provided in Executive Order 11246 of September 24, 1965, as amended,
or as otherwise provided by law.
(7) The Subrecipient will include the portion of the sentence immediately
preceding paragraph (1) and the provisions of paragraphs (1) through (7) in
every subcontract or purchase order unless exempted by rules, regulations,
or orders of the Secretary of Labor, issued pursuant to Section 204 of
Executive Order 11246 of September 24, 1965, as amended, so that such
provisions will be binding upon each subcontractor or vendor. The
Subrecipient will take such. action with respect to any subcontract or
purchase order as HUO 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 Oevelopment Act
of 1974, and in conformance with Grantee policy and all requirements imposed by
or pursuant to the Regulations of HUD (24 CFR Part 570.601 and 570.602) issued
pursuant to Section 109, no person in the United States shall on the ground of race,
color, creed, religion, sex, age, handicap, disability, sexual orientation, ancestry,
national origin, marital status, familial status, or any other basis prohibited by
applicable law be excluded from participation in, be denied benefits of, or be
subjected to discrimination under any program or activity funded in whole or in part
with Community Development Block Grant Program funds.
12
Specific (not exclusive) Discriminatory Actions Prohibited:
The Subrecipient may not directly or through contractual or other arrangements, on
the grounds of race, color, creed, religion, sexual orientation, ancestry, national
origin, marital status, familial status, age, handicap, disability, sex or other basis
prohibited by applicable law:
(1) Deny any facilities, services, financial aid, or other benefits provided under
the program or activity.
(2) Provide any facilities, services, financial aid, or other benefits, which are
different, or are provided in a different form from that provided to others
under the program or activity.
(3) Subject to segregated or separate treatment in any facility, or 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
benefits under the program or activity.
(5) Treat an individual differently from others in determining whether the
individual satisfies any admission, enrollment, eligibility, membership, or
other requirement or condition which the individual must meet in order to be
provided any facilities, services, or other benefit provided under the program
or activity.
(6) Deny any person with the legal right to work an opportunity to participate in
a program or activity as an employee.
c. Business and Employment Opportunities for Lower Income Residents, Women-
Owned Business Enterprises, and Minority-Owned Business Enterprises.
The Subrecipientwill use its best efforts to afford minority and women-owned business enterprises
the maximum practicable opportunity to participate in the performance of this contract. As used in
this contract, the term "minority and female business enterprise," means a business at least fifty-one
(51 %) owned and controlled by minority group members or women. For the purpose of this
definition, "minority group members" are African-American, Spanish-speaking, Spanish surnamed
or written representations by Subrecipients regarding their status as minority and female business
enterprises in lieu of an independent investigation.
d. SECTION 3 CLAUSE
The Subrecipient will conform with the rules and regulations set forth under Section 3 of the
Housing and Urban Development Act of 1968, (12 USC 1701u), as amended, and the HUD
regulations issued pursuant thereto at 24 CFR Part 135. This Act requires that, to the greatest
extent feasible, opportunities for training and employment be given to lower income residents of the
13
. .,
project area, and contracts for work in connection with the project be awarded to business concerns
which are located in, or owned in substantial part by persons residing in the area of the project. In
all solicitations for bids the contractor must, before signing the contract, provide a preliminary
statement of the work force needs and plans for possible training and employment of lower income
persons. When a Subrecipient utilizes the bidding procedure to let a bid, the invitation or solicitation
for bids shall advise prospective contractors of the requirements of Section 3 of the Housing and
Urban Development Act of 1968, as amended, and the clause shall be inserted as a component
part of any contract or subcontract.
If a Subrecipient solicits or requests an invitation for bids, every effort feasible will be made to
contact minority-owned and women-owned business enterprises for a response to the solicitation
or invitation for bidders.
e. Nondiscrimination in Federally-Assisted Programs
The Subrecipient will comply with Title VI of the Civil Rights Act of 1964 (PL 88-352, 42USC 2000d
et seq.) and the Fair Housing Act (42 USC 3601-20). In accordance with Grantee Policy and Title
VI of the Civil Rights Act of 1964 (PL 88-352), in the sale, lease or other transfer of land acquired,
leased or improved with assistance provided under this Agreement, the deed or lease for such
transfer shall contain a covenant prohibiting discrimination upon the basis of race, color, creed,
religion, sex, handicap, disability, sexual orientation, ancestry, national origin, marital status, or
familial status, in the sale, lease, or rental, or in the use or occupancy of.such land or any
improvements erected or to be erected thereon. The Subrecipient will comply with Title VII of the
Civil Rights Act of 1968 (PL 90-284) .as amended and will administer all programs and activities
related to housing and community development in a manner to affirmatively further Fair Housing.
f. Labor Standards
Except with respect to the rehabilitation of residential property designed for residential use for less
than eight households, the Subrecipient and all subcontractors engaged in contracts in excess of
$2,000 for the construction, completion, rehabilitation, or repair of any building or work financed in
whole or in part with assistance provided under this Agreement are subject to the federal labor
standards provisions which govern the payment of wages and the ratio of apprentices and trainees
to 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
14
area identified as having special flood hazards shall be subject to the mandatory purchase of flood
insurance with the requirements of Section 102(a) of said Act.
h. Clean Air Act and Federal Water Pollution Control Act (Applicable to Contracts and
Subcontracts which exceed $100,000).
The Subrecipient shall comply with and require each subcontractor to comply with all applicable
standards of the Clean Air Act of 1970 (42 USC 1857 et seq.), as amended, the Clean Air Act of
1990, the Federal Water Pollution Control Act (33 USC 1251 et seq.), as amended, and the
regulations of the Environmental Protection Agency with respect thereto, at 40 CFR Part 15, as
amended from time to time.
I. Provisions of the Hatch Act
Neither the Subrecipient program nor the funds provided therefor, nor the personnel employed in
the administration of the program shall be in any way or to any .extent engaged in the conduct of
political activities in contravention of Chapter 15 of Title 5, United States Code.
j. Lead-Based Paint
Any grants or loans made by the Subrecipient for the rehabilitation of residential structures with
assistance provided under this Agreement shall be made subject to the provisions for the
elimination of lead-based paint hazards under 24 CFR Part 35. The Subrecipient, at its sole cost,
will comply with the requirements of 24 CFR 570.608 for notification, inspection, testing, and
abatement procedures concerning lead-based paint. Such regulations require. that all owners,
prospective owners, and tenants of properties constructed prior to 1978 be properly notified that
such properties may contain lead-based paint. Such notification shall point out the hazards of lead-
based paint and explain the symptoms, treatment, and precautions that should be taken when
dealing with lead-based paint poisoning.
k. Special Assessments
Subrecipient will not attempt to recover any capital costs of public improvements assisted in whole
or in part with funds provided under Section 106 of the Act or with amounts resulting from a
guarantee under Section 108 of the Act by. assessing any amount against properties owned and
occupied by persons of low and moderate income, including any fee charged or assessment made
as a condition of obtaining access to such public improvements, unless: (1) funds received under
Section 1 06 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).
I. 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
15
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 Subrecipientwill 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 Grante.e's "Plan to Assist Persons Actually Displaced by
Community Development Block Grant Activities," and Subrecipient shall provide all notices,
advisory assistance, relocation benefits, and replacement dwelling units as required by the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, Section
104(d) of the Act, and the implementing regulations at 49 CFR 24 and 24 CFR 570.606.
Subrecipient hereby agrees to defend, to pay, and to indemnify the Grantee from and against any
and all claims and liabilities for relocation benefits or the provision of replacement dwelling units
required by federal statutes and regulations in connection with activities undertaken-pursuant to this
Agreement.
m.. Lobbying Restrictions
Subrecipient certifies that, to the best of its knowledge and belief:
No. Federal. appropriated funds have been paid or will be paid, by or on behalf of it, to any person
for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of any Federal Grant, the making
of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement;
If any funds other than Federal appropriated funds have been paid or will be paid to any personfor---.
influencing or attempting to influence an officer or employee of any agency, a Member of Congress,
an officer or employee of Congress, or employee of a Member of Congress, in connection with this
Federal Contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-
LLL, "Disclosure Form to Report Lobbying" in accordance with its instructions; and
It will require that the language of this paragraph M be included in the award documents for all
subawards at all tiers (including subcontractors, subgrants, and contracts under grants, loans, and
cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by Section 1352, Title 31, United States Code. Any person
who fails to file the required certification shall be subject to a civil penalty of not less than $10,000
and not more than $100,000 for each such failure.
16
n. Provisions Required by Law Deemed Inserted
Each and every provision of law and clause required by law to be inserted in this Contract shall be
. deemed to be inserted herein and the contract shall be read and enforced as though it were
included herein, and if through mistake or otherwise any such provision is not inserted, or is not
correctly inserted, then upon the application of either party the contract shall forthwith be physically
amended to make such insertion or correction.
o. HISTORIC PRESERVATION
If applicable, the Subrecipient agrees to comply with the Historic Preservation requirements set for
in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures
set forth in CFR, Part 800, Advisory Council of Historic preservation Procedures for Protection of
Historic properties, insofar as they apply to the performance of this contract.
In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation
and demolition of historic properties that are fifty years old or older or that are included on a
Federal, State, or local historic property list.
21. MISCELLANEOUS
a. This Agreement shall be governed by and construed according to the laws of the
State of Georgia.
b. Time shall be of the essence to this Contract, except where it is herein specifically
provided to the contrary. Subrecipient shall provide the scope of services in
accordance with the schedule set forth in Appendix B.
17
IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first written
above.
ATTEST:
na -J': Bonner
. '" ClerkToft~0!T1mfssion
ATTEST:
SEAL
As its Corporate Secretary
O{~ ~)
(Plain Witness)
~
By:
18
AUGUSTA, GEORGIA
(Grantee)
~f1fjln~
The Art Factorv.lnc.
~Jb~L
David J. Tucker
As its Executive Director
APPENDIX A
Proiect Area
ijliD/41~
The project will be conducted at~ Crawford Avenue, Augusta, GA 30903.
APPENDIX B
Goals. Obiectives. and Tasks
The Art Factory will offer instructional programs in visual arts, drama and dance to at least 650
students during the period covered by this grant. These students may be served through in-house
classes, spring and summer camps, or other outreach programs in schools or housing communities.
Community Development Block Grant (CDBG) funds will be used for rent, utilities, supplies (office,
art and food), travel and advertising.
APPENDIX C
Budoet
Rent & Utilities
Supplies (office, art and food)
Travel
Advertising
$1,980.00
$2,420.00
$ 220.00
$1,380.00
TOTAL
$6,000.00
APPENDIX D
Reportino Requirements
The Subrecipient shall submit to the Grantee the following reports for the term of this agreement.
1. Monthly Statistical Reports - Due each month by the 15th for the previous month.
2. Quarterly Progress Reports
Due April 15, 2002,July 15, 2002, October 15, 2002 and January 15, 2003.
3. Annual Report
4. Audit Report (Due 30 days after completion of audit).
19
, .
ATTACHMENT #1
Reaulations. Circulars & Local Procurement Policy
1. Community Development Block Grant Entitlement Program 24 CFR 570
2. OMS Circular A-122
"Cost Principles for Non-Profit Organizations"
3. OMS Circular 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
20
, .
ATTACHMENT #2
Forms
Reimbursement Request
Monthly Statistical Report
Quarterly Report
Annual Report
Time Sheet
Travel Log
21
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'-..-;r~ >
.'-
.~
DR'IGIN
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CONTRACT BETWEEN AUGUSTA, GEORGIA
AND -
GOLDEN HARVESJ FOGIJ. BANK, INC.
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YEAR 2002 COMMUN!TY DEVELOPMENT 8LOCK GRANT PROGP~~!'!!
THIS .A.GREEMENT, made and entered into onthis ~ day of January, 2002, by and between
AUGUSTA, GEORGIA, by and through the Augusta-Richmond County Commission, as the
Implementor of the Community Development Block Grant Program (hereinafter referred to as
"Grantee"), and GOLDEN HARVEST FOOD BANK, INC., (hereinafter referred to as the
"Subrecipient").
WHEREAS, the Grantee has received a Community Development Block Grant from the United
States Department of Housing and Urban Development (HUD) under Title I of the Housing and
Community Development Act of 1974, as amended (42 use 5301 et seq.) (the .A.ct); and
WHEREAS, pursuant to such Grant, the Grantee is undertaking certain programs and services
necessary for the planning, implementation and execution of such a Community Development Block
Grant Program; and .
WHEREAS, the Grantee desires to engage the Subrecipient to render certain services, programs,
or assistance in connection with such undertakings of the Community Development Block Grant.
Program, situated in the Project Area described in Appendix A.
NOW, THEREFORE, the parties hereto do mutually agree as follows:
1. SCOPE OF SERVICE
The Subrecipient shall perform all the necessary services provided under this Contract in
accordance with and respecting the Golden Harvest Food Bank "Brown Bag Program". This
program will provide free groceries to the most neediest elderly persons in Augusta-Richmond
County.
The Subrecipient shall do, perform, and carry out, in a satisfactory manner, as determined
. by the Grantee, the goals, objectives, and tasks set forth in Appendix B, and incorporated herein
by reference.
2. TERM; TERMINATION
a. The services of the Subrecipient are to commence on January 1, 2002, and shall
be undertaken and completed in such sequence as to assure their expeditious
completion in the light of the purposes of this Contract unless so otherwise specified
in the Contract Section 19 (General Terms and Conditions). This Agreement shall
remain in effect until December 31, 2002 , or until this Agreement is otherwise
terminated.
b.
The parties agree that the Grantee may terminate this Contract or any work or
delivery required hereunder, from time to time, either in whole or in part, whenever
the Commission, onu.recommendation from the. Director:. of- the Housing. and
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Neighborhood Development Department (HND), shall determine that such
termination is in the Grantee's best interest. Termination, in whole or in part, shall
be effected by delivery of a Notice of Termination signed by the Mayor, mailed or
delivered to Subrecipient, and specifically setting forth the effective date of
termination.
c. Either party may terminate this Contract, without further obligation; for the default
of the other party or its agents or employees with respect to any agreement or
provision contained herein upon 15 days written notice to the other party. All reports
or ~ccountings provided for herein shall be rendered .whether or not falling due
within the contract period.
d. Further, the Grantee reserves the right to terminate this contract upon written
notification to the Subrecipient under any of the following conditions:
(1) Notification by HUD to the Grantee that said project is ineligible because of
project location, services provided, or any other reason cited by HUD;
(2) Notification by HUD to the Grantee that said project is deficient and that
continued support of the project is not providing an adequate level of
services to low income and minority people; or
(3) Written notification from HUD to the Grantee that the program funds made
available to the Grantee are being curtailed, withdrawn, or otherwise
restricted.
e. The Grantee also reserves the right to terminate this Contract or to reduce the
contract compensation amount if the Subrecipient:
(1) Fails to file required reports or to meet project progress or completion
deadlines;
(2) Materially fails to comply with any provision of this Agreement (which may
result in suspension or termination in accordance with 24 CFR 85.43 or
OMB Circular A-110.
(3) Expends funds under this Agreement for ineligible activities, services, or
. items;
(4) Implements the project prior to notification from the Grantee that the federal
environmental review process has been completed;
(5) Violates Labor Standards requirements; or
(6) Fails to comply with written notice from the Grantee of substandard
performance under the terms of this Agreement.
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3. KEY PERSONNEL
a. Subrecipient shall assign to this Contract the following key personnel:
(1) Michael J. Firmin, Executive Director
(2) Frederick W. Harshman, Business Manager
(3) Tammy Lynn Jackson, Outreach Service Manager
b. During the period of performance, Subrecipient shall make no substitutes of key
personnel unless the substitution is necessitated by illness, death, or termination of
employment. Subrecipient shall notify the Grantee Director of HND within five (5)
calendar days after the occurrence of any of these events and provide the following
information, providing a detailed explanation of the circumstances necessitating the
proposed substitutions, complete resumes for the proposed substitutes, and any
additional information requested by the Gr~ntee's Director of HND. Proposed
substitutes should have comparable qualifications to those of the persons being
replaced. The Grantee's Director of HND will notify the Subrecipient within fifteen
(15) calendar days after receipt of all required information of the decision on
substitutions. This clause will be modified to reflect any approved changes of key
personnel.
4. PERFORMANCE MONITORING.
The Grantee will monitor the performance of the Subrecipient against goals and performance
standards required herein. Substandard performance as determined by the Grantee will constitute
non-compliance with this contract. If actions to correct such substandard performance are not
taken by the Subrecipient within 30 days following on-site monitoring by the Grantee, contract
termination procedures will be initiated.
5. INSPECTION AND ACCEPTANCE
All tasks and reports shall be conducted and completed in accordance with recognized and
customarily accepted industry practices, and shall be considered complete when services are
approved as acceptable by the Grantee in writing. In the event of rejection of any tasks, reports,
etc., Subrecipient shall be notified in writing and shall have ten (10) working days from date of
issuance of notification to correct the deficiencies and re-submit acceptable work within said ten-day
period. Failure to submit acceptable work within said ten-day periodshall constitute a breach of
this contract for which the Subrecipient may be held in default.
6. SEVERABILITY
If any term or condition of this Agreement is found by a court of competent jurisdiction to be void
or invalid, such invalidity shall not affect the remaining terms and conditions of this Agreement,
which shall continue in full force and effect.
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7. COMPENSATION
The Subrecipient shall be paid a total consideration of$ 20,000 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 Housing and
Neighborhood Development (HND) Department. Compensation shall be allowed on a
reimbursement basis, only after expenditures have been incurred by the Subrecipient and proper
supporting documentation has been submitted in conformity with the approved and executed
budget document which is attached to this Contract as Appendix C, incorporated herein by
reference. In every case, payment will be made subject to receipt of a reimbursement request for
payment from the Subrecipient specifying and certifying that such expenses have been incurred
and expended in conformance with this Contract and that the Subrecipient is entitled to receive the
amount requested under the terms of this Contract. 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.
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Requests for payments must be received by Grantee not later than the15 day of each calendar
month for work performed during the preceding calendar month. The Subrecipient shall not claim
reimbursement from the Grantee for that portion of its obligations which has been paid by another
source of revenue.
The Subrecipient shall notify the Grantee in writing of all authorized personnel who shall be
empowered to file requests for payment pursuant to this Agreement.
8. USE OF FUNDS
Use of funds received pursuant to this Agreement shall be in accordance with the requirements of
the Housing and Community Development Act of 1974 (as amended), 24 CFR Part 570 and other
regulations governing the Community Development Block Grant Program, and any amendments
or policy revisions thereto which shall become effective during the term of this Agreement. A copy
of said regulations is incorporated by reference. Any unused funds remaining at the expiration
of this agreement shall revert to Grantee.
In addition, the Subrecipient agrees to comply with other applicable laws, including the National
Environmental Policy Act of 1969 (and the implementing regulations at 24 CFR 58), the National
Historic Preservation Act of 1966 as amended (16 USC 470), Section 504 of the Rehabilitation Act
of 1973 (29 USC 794) (and the implementing regulations at 24 CFR 8), the Americans with
Disabilities Act of 1990, the Age DiscriminationAct of 1975 (42 USC 6101) (and the implementing
regulations at 24 CFR 146), the prohibition against using debarred contractors at 24 CFR 570.609,
and Executive Orders 11063, 11246, 11375, 12086, and 12259.
Further, any funded activity must be designed or so located as to principally benefit lower income
persons, aid in the prevention or elimination of slums or blight, or meet urgent community
development needs, as 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:
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If the Subrecipient is a government agency, OMB Circular A-87, "Principles for Determining Costs
Applicable to Grants and Contracts with State, Local and Federally-Recognized Indian Tribal
Governments;" OMB Circular A-128, "Audits of State and Local Governments" (implemented at 24
CFR 44); and the sections of 24 CFR 85, "Uniform Administrative Requirements for Grants and
Cooperative Agreements to State and Loca'l Governments," specified at 24 CFR 570.502(a). If the
. Subrecipient is not a government agency, OMB Circular A-122, "Cost Principles for Non-Profit
Organizations," or OMB Circular A-21 , "Cost Principles for Educational Institutions," as applicable;
and OMB A-110, 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 revert to
the Grantee for use in the Community Development Block Grant Program. Program income is
anticipated to be approximately $0.
10. REVERSION OF ASSETS
Upon termination of this contract, the Subrecipient shall transfer to the Grantee any CDBG allocated
funds on hand at the time of expiration and any accounts receivable attributable to the use of CDSG
funds.
In addition, any equipment or real property under the Subrecipient's control acquired or improved
in whole or in part with CDBG funds (including funds provided to the Subrecipient in the form of a
loan) in excess of $25,000 will be used to meet one of the national objectives in S570,208 until
five years after expiration of this Contract, or for such longer period of time as determined to be
appropriate by the Grantee.
11. INDIRECT COSTS
Indirect costs will only be paid if Subrecipient has a indirect cost allocation plan approved by the
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 outside
the metropolitan area with funds provided under this Contract. All Federal Travel Regulations are
applicable (41 CFR Part 301).
13. INDEMNIFICATION
Subrecipient agrees to indemnify and hold harmless Grantee from any and all claims in any way
related to or arising out of Subrecipient's performance of its obligations hereunder and/or
Subrecipient's failure to perform its obligations hereunder or related to or arising out of any damage
or injury to property or persons, occurring or allegedly occurring in connection with Subrecipient's
performance or non-performance of its obligations hereunder. No payment, however, final or
-~ otherwise,.shall.operate to- release the-Subrecipient from-any-obligations-under this Gontract-
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14. INSURANCE & BONDING
Subrecipient shall carry sufficient insurance coverage to protect contract assets from loss due to
theft, fraud and/or undue physical damage, and as a minimum sha!! purchase a blanket fidelity bond
covering all employees in an amount equal to cash advances from the Grantee. All policies
providing insurance coverage required to be maintained by Subrecipient hereunder shall list
Grantee, The Augusta-Richmond County Commission and its Mayor, and their officers, agents,
members, employees and successors as named insureds, as their interests may appear, and shall
be issued by an insurance carrier or carriers licensed to do business in the State of Georgia and
reasonably acceptable to Grantee. All such policies shall provide that no act or omission of Grantee
or its agents, servants, or employees shall in any way invalidate any insurance coverage for the
other named insureds. No insurance policy providing any insurance coverage required to be
provided by Subrecipient hereunder shall be cancelable without at least 15 days advance written
notice to Grantee. All insurance policies required hereunder, or copies thereof, shall be provided
to Grantee by Subrecipient.
15. GRANTOR RECOGNITION
Subrecipient shall insure recognition of the role of the grantor agency in providing services through
this contract. All activities, facilities and items utilized pursuant to this contract shall be prominently
labeled as to funding source. In addition, the Subrecipient will include a reference to the support
provided herein all publications made possible with funds made available under this contract.
16. OPEN MEETINGS LAW COMPLIANCE
Subrecipient is subject to the Georgia Open Meetings Law if it receives more than 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 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 arid minutes of each meeting shall be submitted to Grantee within 30 days
after each meeting.
17. ASSIGNMENT
Without the prior written consent. of the Grantee, this Agreement is not assignable by the
Subrecipient, either in whole or in part.
18. ENTIRE CONTRACT; ALTERATION
This Agreement is the entire agreement between the parties hereto. No alteration or variation in
the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto.
-. Only one. amendment to-said-agreement-sha/l. be allowed. during-the program-year-,- -- --. -- -...
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19. GENERAL TERMS AND CONDITIONS
a. REPORTS
The Subrecipient agrees to submit to Grantee monthly clients' statistical reports, quarterly
progress reports, financial reports and any other reports that may be specified in Appendix
D.
b. CLIENT DATA
Subrecipient agrees to maintain racial, ethnic, gender, head of household, household
income, and household size data showing the extent to which these categories of persons
have participated in, or benefited from the project, and to submit this information to the
Grantee by January 30, 2Q03.
c. RECORDS TO BE MAINTAINED
Subrecipient shall maintain all records required by the federal regulations specified in 24
CFR Part 570.506, and that are pertinent to the activities to be funded under this contract.
Such records shall include but are not limited to the items listed below:
(1) Records providing a full description of each activity undertaken;
(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 $300,000 or more in combined federal assistance, it
agrees to obtain an audit conducted in accordance with OMB Circular A-133. However, if
an audit is not required, theSubrecipient agrees to provide quarterly financial reports to the
Grantee. If Subrecipient do not prepare financial statements on a monthly or quarterly
basis, a detailed list of cash receipts and disbursements should be submitted to Grantee
quarterly.
d. ACCESS TO RECORDS
The Subrecipient agrees that the Grantee or any authorized representative has access to
and the right to examine all records, books, papers, or documents related to the project.
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e. RETENTION
The Subrecipient hereby severally warrants that all project records, books, papers, and
documents will be retained for a period of not less than four (4) years after the termination
of all activities funded under this contract, or after the resolution of all Federal audit findings,
whichever occurs later and grants the Grantee the option of retention of the project records,
books, papers, and documents. The retention period shall start from the date of submission
of the Grantee's annual performance report, as prescribed in 24 CFR 91.520, in which the
specific activity is reported on for the final time rather than from the date of submission of
the final expenditure report forthe award.
f. PERM ITS
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 SLJbrecipient, 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
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any noncompliance on the part of the Subrecipient.
k. INDEPENDENT CONTRACTOR
Nothing contained in this Agreement is intended to, or shall be construed in any manner to,
create or establish an employer-employee relationship between the parties, nor shall any
employee of the Subrecipient by virtue of this Contract be an employee of the Grantee for
any purpose whatsoever, nor shall any employee of the Subrecipient be entitled to any of
the rights, privileges, or benefits of Grantee employees. The Subrecipient shall be deemed
at all times an independent contractor and shall be wholly responsible for time, means and
manner for performance of the services required of it by the terms of this Contract. The
Subrecipient assumes exclusively the responsibility for the acts of its employees as they
relate to the services provided during the course and scope of their employment.
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. The Subrecipient shall consult Grantee on any procurement to assure conformance
with applicable laws, regulations and standards.
20. OTHER PROVISIONS
a. Equal Employment Opportunity
The following provisions (1) and (2) are applicable to all contracts and subcontracts;
provisions (3) through (7) are applicable to all non-exempt construction contracts
and subcontracts which exceed $10,000:
(1) The Subrecipient shall .not discriminate against any employee or applicant
for employment because of race, color, creed, religion, sex, age, handicap,
disability, sexual orientation, ancestry, national origin, marital status, familial
status, or any other basis prohibited by applicable law. The Subrecipient
shall take affirmative action to ensure that applicants are employed and that
employees are treated during employment without regard to their race, color,
creed, religion, sex, age, handicap, disability, sexual orientation, 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
Subrecipientagrees to post in conspicuous places, available to employees
and applicants for employment, notices to be provided setting forth the
provisions of this nondiscrimination clause.
(2)
The Subrecipient will, in all solicitations or advertisements for employees
placed by or on behalf of the Subrecipient, state that all qualified applicants
will receive consideration for employment without regard to race, creed,
-religion;- sex; age; handicap; disability;- sexual- orientation;-ancestry;- national-.
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(3)
(4)
(5)
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origin, marital status, or any other basis prohibited by applicable law.
The Subrecipient will send to each labor union or representative of workers
with which it h'as a collective bargaining agreement or other contract or
understanding, a notice to be piOvided advising the said labor union or
workers' representatives of the Subrecipient's commitments under this
section, and shall post copies of the notice in conspicuous places available
to employees and applicants for employment.
The Subrecipient will comply with all provisions of Executive Order 11246,
Equal Employment Opportunity, of September 24, 1965, as amended by
Executive Orders 11375, and 12086, copies of which are on file and
available at the Grantee, and of the rules, regulations, and relevant orders
of the Secretary of Labor.
The Subrecipient will furnish all information and reports required by
Executive Orders 11246 of September 24, 1965, as amended, and by rules,
regulations, and orders of the Secretary of Labor, or pursuant thereto, and
will permit access to its books, records, and accounts by HUD and the
Secretary of Labor for purposes of investigation to ascertain compliance with
such rules, regulations, and orders.
(6)
In the event of the Subrecipient's noncompliance with the nondiscrimination
clauses of this Contract or with any of the said rules, regulations, or orders,
this Contract may be canceled, terminated, or suspended in whole or in part
and the Subrecipient may be declared ineligible for further Government
contracts or federally assisted construction contracts in accordance with
procedures authorized in Executive Order 11246 of September 24, 1965, as
amended, and such other sanctions may be imposed and remedies invoked
as provided in Executive Order 11246 of September 24, 1965, as amended,
or as otherwise provided by law.
(7)
The Subrecipient will include the portion of the sentence immediately
preceding paragraph (1) and the provisions of paragraphs (1) through (7) in
every subcontract or purchase order unless exempted by rules, regulations,
or orders of the Secretary of Labor, issued pursuant to Section 204 of
Executive Order 11246 of September 24, 1965, as amended, so thatsuch
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 sanctio.ns 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.
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b. Equal Opportunity in Participation
Under the terms of Section 109 of the Housing and Community Development Act
of 1974, and in conformance with Grantee policy and all requirements imposed by
or pursuant to the Regulations of HUD (24 CFR Part 570.601 and 570.602) issued
pursuant to Section 109, no person in the United States shall on the ground of race,
color, creed, religion, sex, age, handicap, disability, sexual orientation, ancestry,
national origin, marital status, familial status, or any other basis prohibited by
applicable law be excluded from participation in, be denied benefits of, or be
subjected to discrimination under any program or activity funded in whole or in part
with Community Development Block Grant Program funds.
Specific (not exclusive) Discriminatory Actions Prohibited:
The Subrecipient may not directly or through contractual or other arrangements, on
the grounds of race, color, creed, religion, sexual orientation, ancestry, national
origin, marital status, familial status, age, 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
benefits under the program or activity.
(5) Treat an individual differently from others in determining whether the
individual satisfies any admission, enrollment, eligibility, membership, or
other requirement or condition which the individual must meet in order to be
provided any facilities, services, or other benefit provided under the program
or activity.
(6) Deny any person with the legal right to work an opportunity to participate in
a program or activity as an employee.
C. Business and Employment Opportunities for Lower Income Residents, Women-
Owned Business Enterprises, and Minority-Owned Business Enterprises.
The Subrecipient will use its best efforts to afford minority and women-owned business enterprises
the maximum practicable opportunity to participate in the performance of this contract. As used in
--.- this-contract; the term_" minority- and female business-enterprise," means.abusiness at least.fifty-one- __
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(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, sex, handicap, disability, sexual orientation, ancestry, national origin, marital status, or
familial status, in the sale, lease, or rental, or in the use or occupancy of such land or any
improvements erected or to be erected.thereon. The Subrecipient will comply with Title VII of the
Civil Rights Act of 1968 (PL 90-284) as amended and will administer all programs and activities
related to housing and community development in a manner to affirmatively further Fair Housing.
f. Labor Standards
Except with respect to the rehabilitation of residential property designed for residential use for less
than eight households, the Subrecipient and all subcontractors engaged in contracts in excess of
$2,000 for the construction, completion; rehabilitation, or repair of any building or work financed in
whole or in part with assistance provided under this Agreement are subject to the federal labor
standards provisions which govern the payment of wages and the ratio of apprentices and trainees
to 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. I:JSC--327--3-32],. and-the- Subrecipient: shall-- -- - ---- --
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comply with all regulations issued pursuant to these Acts and with other applicable Federal laws
and regulations pertaining to labor standards, including the Copeland "Anti-Kickback" Act.
Provided that if wage rates higher than those required under the regulations are imposed by State
or Local laws, nothing hereunder is intended to relieve the Subrecipient of its obligation, if any, to
require payment of the higher rates.
g. Flood Disaster ProteCtion
This Agreement is subject to the requirements of the Flood Disaster Protection Act of 1973 (PL93-
234). Use of any assistance provided under this Agreement for acquisition or construction in an
area identified as having special flood hazards shall be subject to the mandatory purchase of flood
insurance with the requirements of Section 102(a) of said Act.
h. Clean Air Act and Federal Water Pollution Control Act (Applicable to Contracts and
Subcontracts which exceed $100,000).
The Subrecipient shall comply with and require each subcontractor to comply with all applicable
standards of the Clean Air Act of 1970 (42 USC 1857 et seq.), as amended, the Clean Air Act of
1990, the Federal Water Pollution Control Act (33 USC 1251 et seq.), as amended, and the
regulations of the Environmental Protection Agency with respect thereto, at 40 CFR Part 15, as
amended from time to time.
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.
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
-capitaldcostsof-such-public improvements-that arefinanced-fromrevenue.sotlrces. other.than- under- -
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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).
I. Acquisition, Rehabilitation, and Demolition of Real Property and Displacement of
Persons and Businesses
Subrecipient will comply with the "Grantee's Community Development Block Grant Program Plan
for Minimizing the Displacement of Persons as a result of Community Development Block Grant
Funded Activities" and the Grantee's Community Development Block Grant Program Residential
Anti-displacement and Relocation Assistance Plan." The Subrecipient will conduct any acquisition,
rehabilitation, or demolition, of real property, and any negotiations for acquisition, rehabilitation, or
demolition of real property in compliance with the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970, as amended, Section 104(d) of the Act, and the. implementing
regulations at 49 CFR 24 and 24 CFR 570.606. Unless specifically permitted in Appendix B or
Appendix C, Subrecipient will not cause either temporary or permanent involuntary displacement
of persons or businesses. If Subrecipient causes the involuntary temporary or permanent
displacement of any person or business as a result of Community Development Block Grant
Activities, it shall comply with the Grantee's "Plan to Assist Persons Actually Displaced by
Community Development Block Grant Activities," and Subrecipient shall provide all notices,
advisory assistance, relocation benefits, and replacement dwelling units as required by the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, Section
104(d) of the Act, and the implementing regulations at 49 CFR 24 and 24 CFR 570.606.
Subrecipient hereby agrees to defend, to pay, and to indemnify the Grantee from and against any
and all claims and liabilities for relocation benefits or the provision of replacement dwelling units
required by federal statutes and regulations in connection with activities undertaken pursuant to this
Agreement.
m. Lobbying Restrictions
Subrecipient certifies that, to the best of its knowledge and belief:
No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person
for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of any Federal Grant, the making
of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement;
If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress,
an officer or employee of Congress, or employee of a Member of Congress, in connection with this
Federal Contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-
LLL, "Disclosure Form to Report Lobbying" in accordance with its instructions; and
It will require that the language of this paragraph M be included in the award documents for all
subawards .at-all. tiers (including-subcontractors; subgrants,and . contracts under grants,. loans, and-- - -.
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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. ,I1,ny person
who fails to file the required certification shall be subject to a civil penalty of not less than $10,000
and not more than $100,000 for each such failure.
n. Provisions Required by Law Deemed Inserted
Each and every provision of law and clause required by law to be inserted in this Contract shall be
deemed to be inserted herein and the contract shall be read and enforced as though it were
included herein, and if through mistake or otherwise any such provision is not inserted, or is not
correctly inserted, then upon the application of either party the contract shall forthwith be physically
amended to make such insertion or correction.
o. HISTORIC PRESERVATION
If applicable, the Subrecipient agrees to comply with the Historic Preservation requirements set for
in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures
set forth in CFR, Part 800, Advisory Council of Historic preservation Procedures for Protection of
Historic properties, insofar as they apply to the performance of this contract.
In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation
and demolition of historic properties that are fifty years old or older or that are included on a
Federal, State, or local historic property list.
21. MISCELLANEOUS
a. This Agreement shall be governed by and construed according to the laws of the
State of Georgia.
b. Time shall be of the essence to this Contract, except where it is herein specifically
provided to the contrary. Subrecipient shall provide the scope of services in
accordance with the schedule set forth in Appendix B.
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IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first written
above.
ATTEST:
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ATTEST:
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ve Johnson
As its rporate Secretary
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(Plain Witness)
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UGUSTA, GEORG!.a,
Grantee)
By:
GOLDEN HARVEST FOOD BANK, INC.
(Subrecipient)
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Mic~el J. Fj,.~i~ -
As its Executive Director?
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APPENDIX A
Project Area
The project location is 3310 Commerce Drive, Augusta, Georgia 30906.
Brown Bags will be distributed from the following sites:
-Senior Citizen Center - 535 15th Street
-Ervin Towers - 1365 Laney-Walker
-Blythe UMC - 2048 Broad Street
-Hal Powers Apts - 2244 Broad Street
- JWC Helping Hands 213p MLK Blvd
- McBean Center- 5106 Mike Padgett Hwy
-Shiloh Center - 1635 15th Street
-Peabody Apts -1425 Walton Way
-Belle Terrace Ctr:"- 2463 Golden Camp Rd
-EOA - 333 Telfair Street
- ARC Co. GYZ - 516 Forsythe Street
-Hephzibah Center - 4977 Windsor Spring Rd
-M.M. Scott - 825 Spruce Street
-New Hope Center - 1336 Conklin Avenue
APPENDIX B
Goals, Objectives, and Tasks
The purpose of the Golden Harvest Food Bank is to fight hunger by providing food to needy low
income individuals and families. The agency solicits, collects and warehouses grocery products
and then distributes these grocery products to the hungry in Georgia.
The Brown Bag Program will operate out of designated sites in Augusta-Richmond County. A
seventeen-pound bag of grocery products will be distributed free of charge each month to the most
needy seniors. The bags of good help to "bridge the gap" for those times each month when senior's
financial resources fall short of meeting their basic human need.
Each senior will be required to complete an application for services. Upon acceptance, the
individual will be issued a bag of groceries for a duration of twelve months.
The goal of the agency is to provide 1118seniors each month with the "brown bag groceries" during
2002. Community Development Block Grant (CDBG) funds will be used to pay for the cost of food
items.
The subrecipient shall maintain accurate records reflecting food costs, list of food distribution sites,
list of seniors receiving food, application for services, income data and verification for each senior.
All services shall be provided for the period beginning January 1, 2002 and completed by December
31, 2002. A schedule for completion of this activity shall be submitted to grantee within 15 days
after the execution of this agreement. The schedule shall be in sufficient detail for Grantee to
monitor the performance of this agreement.
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APPENDIX C
Budget
Food for Brown Bag Program
$20,000.00
TOTAL
$20,000.00
APPENDIX D
Reporting Requirements
The Subrecipient shall submit to the Grantee the following reports for the term of this agreement.
1. Monthly Statistical Reports - Due each month by the 15th for the previous month.
2. Quarterly Progress Reports
Due April 15, 2002, July 15, 2002, October 15, 2002 and January 15, 2003.
3. Annual Report
4. Audit Report (Due 30 days after completion of audit).
ATTACHMENT #1
Regulations, Circulars & Local Procurement Policy
1. Community Development Block Grant Entitlement Program 24 CFR 570
2. OMB Circular A-122
"Cost Principles for Non-Profit Organizations"
3. OMB Circular A-110
"Grants and Agreements with Institutions of Higher Education, Hospitals, & Other
Non-Profit Organizations"
4. OMS Circular A-133, "Audits of Institutions of Higher Education and Other Non-Profit
Institutions"
5. Augusta-Richmond County Procurement Policy
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ATTACHMENT #2
Forms
Reimbursement Request
Monthly Statistical Report
Quarterly Report
Annual Report
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ORIGINAL
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THIS AGREEMENT, made and entered into on this -L day of January, 2002 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 CATHOLIC SOCIAL SERVICES, INC., (hereinafter referred to as the
"Subrecipient").
CON"JiRACT BETWEEN AUGUSTA, GEO'RGIA
AND
CA THOLlC SOCIAL SERVICES, INC.
FOR
YEAR 2002 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
WHEREAS, the Grantee is the recipient of Urban Development Action Grant (UDAG) funds under
the CDBG program from the United States Department of Housing and Urban Development (HUD)
under Title I of the Housing and Community DevelopmentAct of 1974, as amended (42 USC 5301
et seq.) (the Act); and
WHEREAS, pursuant to the Act, UDAG funds have been administered and distributed by Grantee
and repaid to Grantee such that the repaid monies constitute Recaptured UDAG funds, and,
WHEREAS, chapter two (2) of the U.S. Department of Housing and Neighborhood Development
Handbook 6511.02 REV-1, entitled" Urban Development Action Grant Closeout Procedures. directs
that such recaptured UDAG funds be dispersed according to Part 570 SUbpart C of the CDBG
regulations and Part 570 Subpart D of the UDAG regulations, and
WHEREAS, those recaptured UDAG funds designated by this Agreement in Appendix C. are to be
used, as descrtbed in Appendix B, for activities as described under Part 1 05 and Part 119 of the
Act and are thus included as eligible activities supporting economic recovery under the Act,
NOW, THEREFORE, the parties hereto do mutually agree as follows:
1. SCOPE OF SERVICE
The SUbrecipient shall perform all the necessary services provided under this Contract in
accordance with and respecting the follOWing project:
"Bridge The Gap"
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 January 1. 2002, 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
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remain in effect until December 31. 2002 ,or until this Agreement is otherwise
terminated.
b. The parties agree that the Grantee may terminate this Contract or any work or
delivery required hereunder, from time to time, either in whole or in part, whenever
the Commission, on recommendation from the Director of the Housing and
Neighborhood Development Department (HND), shall determine that such
termination is in the Grantee's best interest. Termination, in whole or in part, shall
be effected by delivery of a Notice of Termination signed by the Mayor, mailed or
delivered to Subrecipient, and specifically setting forth the effective date of
termination.
c. Either party may terminate this Contract, without further obligation, for the default
of the other party or its agents or employees with respect to any agreement or
provision contained herein upon 15 days written notice to the other party. All reports
or accountings provided for herein shall be rendered whether or not falling due
within the contract period. .
d. Further, the Grantee reserves the right to terminate this contract upon written
notification to the Subrecipient under any of the following conditions:
(1) Notification by HUD to the Grantee that said project is ineligible because of
project location, services provided, or any other reason cited by HUD;
(2) Notification by HUD to the Grantee that said project is deficient and that
continued support of the project is not providing an adequate level of
services to low income and minority people; or
(3) Written notification from HUD to the Grantee that the program funds made
available to the Grantee are being curtailed, withdrawn, or otherwise
restricted.
e. The Grantee also reserves the right to terminate this Contract or to reduce the
contract compensation amount if the Subrecipient:
(1) Fails to fife required reports or to meet project progress or completion
deadlines;
(2) Materially fails to comply with any provision of this Agreement (which may
result in suspension or termination in accordance with 24 CFR 85.43 or
OMS Circular A-110.
(3) Expends funds under this Agreement for ineligible activities, services, or
items;
(4) Implements the project prior to notification from the Grantee that the federal
environmental review process has been completed;
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(5) Violates Labor Standards requirements; or
(6) Fails to comply with written notice from the Grantee of substandard
performance under the terms of this Agreement.
3. KEY PERSONNEL
a. Subrecipient shall assign to this Contract the following key personnel:
(1) Richard Tuchsherer, Executive Director
b. During the period of performance, Subrecipient shall make no substitutes of key
personnel unless the substitution is necessitated by illness, death, or termination of
employment. Subrecipient shall notify the Grantee Director of HND within five (5)
calendar days after the occurrence of any of these events and provide the following
information, providing a detailed explanation of the circumstances necessitating the
proposed substitutions, complete resumes for the proposed substitutes, and any
additional information requested by the Grantee's Director of HND. Proposed
substitutes should have comparable qualifications to those of the persons being
replaced. The Grantee's Director of HND will notify the Subrecipient within fifteen
(15) calendar days after receipt of all required information of the decision on
substitutions. This clause will be modified to reflect any approved changes of key
personnel.
4. PERFORMANCE MONITORING
The Grantee will monitor the performance. of the Subrecipient against goals and performance
standards required herein. Substandard performance as determined by the Grantee will constitute
non-compliance with this contract. If actions to correct such substandard performance are not
taken by the Subrecipient within 30 days following on-site monitoring by the Grantee, contract
termination procedures will be initiated.
5. INSPECTION AND ACCEPTANCE
All tasks and reports shall be conducted. and completed in accordance with recognized and
customarily accepted industry practices, and shall be considered complete when services are
approved as acceptable by the Grantee in writing. In the event of rejection of any tasks, reports,
etc., Subrecipient shall be notified in writing and shall have ten (10) working days from date of
issuance of notification to correct the deficiencies and re-submit acceptable work within said ten-day
period. Failure to submit acceptable work within said ten-day period shall constitute a breach of
this contract for which the Subrecipient may be held in default.
6. SEVERABILITY
If any term or condition of this Agreement is found by a court of competent jurisdiction to be void
or invalid, such invalidity shall not affect the remaining terms and conditions of this Agreement,
which shall continue in full force and effect.
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7. COMPENSATION
The Subrecipient shall be paid a total consideration of $ 35.000 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 Housing and
Neighborhood Development (HND) Department. Compensation shall be all.owed on a
reimbursement basis, only after expenditures have been incurred by the Subrecipient and proper
supporting documentation has been submitted in conformity with the approved and executed
budget document which is attached to this Contract as Appendix C, incorporated herein by
reference. In every case, payment will be made subject to receipt of a reimbursement request for
payment from the Subrecipient specifying and certifying that such expenses have been incurred
and expended in conformance with this Contract and that the Subrecipient is entitled to receive the
amount requested under the terms of this Contract. 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.
. fu
Requests for payments must be received by Grantee not later than the 15 day of each calendar
month for work performed during the preceding calendar month. The Subrecipient shall not claim
reimbursement from the Grantee for that portion of its obligations which has been paid by another
source of revenue.
The Subrecipient shall notify the Grantee in writing of all authorized personnel who shall be
empowered to file requests for payment pursuant to this Agreement.
8. USE OF FUNDS
Use of funds received pursuant to thiS Agreement shall be in accordance with the requirements of
the Housing and Community Development Act of 1974 (as amended), 24 CFR Part 570 and other
regulations governing the Community Development Block Grant Program, and any amendments
or policy revisions thereto which shall become effective during the term of this Agreement. A copy
of said regulations is incorporated by reference. Any unused funds remaining at the expiration
of this agreement shall revert to Grantee.
In addition, the Subrecipient agrees to comply with other applicable laws, including the National
Environmental Policy Act of 1969 (and the implementing regulations at 24 CFR 58), the National
Historic Preservation Act of 1966 as amended (16 USC 470), Section 504 of the Rehabilitation Act
of 1973 (29 USC 794) (and the implementing regulations at 24 CFR 8), the Americans with
Disabilities Act of 1990, the Age Discrimination Act of 1975 (42 USC 6101) (and the implementing
regulations at 24 CFR 146), the prohibition against using debarred contractors at 24 CFR 570.609,
and Executive Orders 11063, 11246, 11375, 12086, and 12259.
Further, any funded activity must be designed or so located as to principally benefit lower income
persons, aid in the prevention or elimination of slums or blight, or meet urgent community
development needs, as defined in the program regulations.
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Subrecipient agrees to comply with the uniform administrative requirements specified at 24 CFR
. 570.502 and 24 CFR 570.610, including:
If the Subrecipient is a government agency, OMB Circular A-87, "Principles for Determining Costs
Applicable to Grants and Contracts with State, Local and Federally-Recognized Indian Tribal
Governments;" OMS Circular A-128, "Audits of State and Local Governments'~ (implemented at 24
CFR 44); and the sections of 24 CFR 85, "Uniform Administrative Requirements for Grants and
Cooperative Agreements to State and Local Governments," specified at 24 CFR 570.502(a). If the
Subrecipient is not a government.agency, OMS Circular A-122, "Cost Principles for Non-Profit
Organizations," or OMS Circular A-21 , "Cost Principles for Educational Institutions," as applicable;
and OMB A-110, 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 revert to
the Grantee for use in the Community Development Slock Grant Program., Program income is
anticipated to be approximately $0.
10. REVERSION OF ASSETS
Upon termination of this contract, the Subrecipient shall transfer to the Grantee any CDSG allocated
funds on hand at the time of expiration and any accounts receivable attributable to the use of CDSG
funds.
In addition, any equipment or real property under the Subrecipient's control acquired or improved
in whole or in part with CDSG funds (including funds provided to the Subrecipient in the form of a
loan) in excess of $25,000 will be used to meet one of the national objectives in 9570.208 until
five years after expiration of this Contract, or for such longer period of time as determined to be
appropriate by the Grantee.
11. INDIRECT COSTS
Indirect costs will only be paid if Subrecipient has a indirect cost allocation plan approved by the
Department of Housing and Urban Development prior to the execution of this Contract.
12. TRAVEL
If applicable, Subrecipierit shall obtain prior written approval from the Grantee for any travel outside
the metropolitan area with funds provided. under this Contract. All Federal Travel Regulations are
applicable (41 CFR Part 301).
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13. INDEMNIFICATION
Subrecipient agrees to indemnify and hold harmless Grantee from any and all claims in any way
related to or arising out of Subrecipient's performance of its obligations hereunder and/or
Subrecipient's failure to perform its obligations hereunder or related to or arising out of any damage
or injury to property or persons, occurring or allegedly occurring in connection with Subrecipient's
performance or non-performance of its obligations hereunder. No payment, however, final or
otherwise, shall operate to release the Subrecipient from any obligations under this Contract.
14. INSURANCE & BONDING
Subrecipient shall carry sufficient insurance coverage to protect contract assets from loss due to
theft, fraud and/or undue physical damage, and as a minimum shall purchase a blanket fidelity bond
covering all employees in an amount equal to cash advances from the Grantee. All policies
providing insurance coverage required to be maintained by Subrecipient hereunder shall list
Grantee, The Augusta-Richmond County Commission and its Mayor, and their officers, agents,
members, employees and successors as named insureds, as their interests may appear, and shall
be issued by an insurance carrier or carriers licensed to do business in the State of Georgia and
reasonably acceptable to Grantee. All such policies shall provide that no act or omission of Grantee
or its agents, servants, or employees shall in any way invalidate any insurance coverage for the
other named insureds. No insurance policy providing any insurance coverage required to be
provided by Subrecipient hereunder shall be cancelable without at least 15 days advance written
notice to Grantee. All insurance policies required hereunder, or copies thereof, shall be provided
to Grantee by Subrecipient.
15. GRANTOR RECOGNITION
Subrecipient shall insure recognition of the role of the grantor agency in providing services through
this contract. All activities, facilities and items utilized pursuant to this contract shall be prominently
labeled as to funding source. In addition, the .Subrecipient will include a reference to the support
provided herein all publications made possible with funds made available under this contract.
16. OPEN MEETINGS LAW COMPLIANCE
Subrecipient is subject to the Georgia Open Meetings Law if it receives more than 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 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.
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Grantee. If Subrecipient do not prepare financial statements on a monthly or quarterly
basis, a detailed list of cash receipts and disbursements should be submitted to Grantee
quarterly.
d. ACCESS TO RECORDS
The Subrecipient agrees that the Grantee or any authorized representative has access to
and the right to examine all records, books, papers, or documents related to the project.
e. RETENTION
The Subrecipient hereby ~everally warrants that all project records, books, papers, and
documents will be retained for a period of not less than four (4) years after the termination
of all activities funded under this contract, or after the resolution of all Federal audit findings,
whichever occurs later and grants the Grantee the option of retention of the project records,
books, papers, and documents. The retention period shall start from the date of:.submission
of the Grantee's annual performance report, as prescribed in 24 CFR 91.520, in which the
specific activity is reported on for the final time rather than from the date of submission of
the. final expenditure report for the award.
f. PERMITS
The Subrecipient agrees to obtain all necessary permits for intended improvements or
activities..
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 Subrecipientwho 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
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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 RehabilitationAct of 1973 (29 USC 794) (and the implementing regulations at 24
CFR 8), the Americans with Disabilities Act of 1990 (PL 101-336), and all state and local
laws requiring physical and program accessibility to people with disabilities, and agrees to
defend, hold harmless, and indemnify the Grantee from and against any and aI/liability for
any noncompliance on the part of the Subrecipient.
k. INDEPENDENT CONTRACTOR
Nothing contained in this Agreement is intended to, or shall be construed in any manner to,
create or establish an employer-employee relationship between the parties, nor shall any
employee of the Subrecipient by virtue of this Contract be an employee of the Grantee for
any purpose whatsoever, nor shall any employee of the Subrecipient be entitled to any of
the rights, privileges, or benefits of Grantee employees. The Subrecipient shall be deemed
at all times an independent contractor and shall be wholly responsible for time, means and
manner for performance. of the services required of it by the terms of this Contract. The
Subrecipient assumes exclusively the responsibility for the acts of its employees as they
relate to the services provided during the course and scope of their employment.
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 aI/ non-expendable
personal property as defined by such policy and as may be procured with funds provided
herein. The Subrecipient shall consult Grantee on any procurement to assure conformance
with applicable laws, regulations and standards.
20. OTHER PROVISIONS
a. Equal Employment Opportunity
The following provisions (1) and (2) are applicable to all contracts and subcontracts;
provisions (3) through (7) are applicable to all non-exempt construction contracts
and subcontracts which exceed $10,000:
(1) The Subrecipient shall not discriminate against any employee or applicant
for employment because of race, color, creed, religion, sex, age, handicap,
disability, sexual orientation, ancestry, national origin, marital status, familial
status, or any other basis prohibited by applicable law. The Subrecipient
shall take affirmative action to ensure that applicants are employed and that
employees are treated during employment without regard to their race, color,
9
.,
creed, religion, sex, age, handicap, disability, sexual orientation, ancestry,
or national origin. Such action shall include, but not be limited to the
following: employment, upgrading, demotion or transfer, recruitment or
recruitment advertising, layoff or termination, rates of payor other forms of
compensation, and selection for training including apprenticeship. The
Subrecipient agrees to post in conspicuous places, available to employees
and applicants for employment, notices to be provided setting forth the
provisions of this nondiscrimination clause.
(2) The Subrecipient will, in all solicitations or advertisements for employees
placed by or on behalf of the Subrecipient, state that all qualified applicants
will receive consideration for employment without regard to race, creed,
religion, sex, age, handicap, disability, sexual orientation, ancestry, national
origin, marital status, or any other basis prohibited by applicable law.
(3) The Subrecipient will send to each labor union or representative of workers
with which it has a collective bargaining agreement or other contract or
understanding, a notice to be provided advising the said labor union or
workers' representatives of the Subrecipient's commitments under this
section, and shall post copies of the notice in conspicuous places available
to employees and applicants for employment.
(4) The Subrecipient will comply with all provisions of Executive Order 11246,
Equal Employment Opportunity, of September 24, 1965, as amended by
Executive Orders 11375, and 12086, copies of which are on file and
available at the Grantee, and of the rules, regulations, and relevant orders
of the Secretary of Labor.
(5)
The Subrecipient will furnish all information and reports required by
Executive Orders 11246 of September 24, 1965, as amended, and by rules,
regulations, and orders of the Secretary of Labor, or pursuant thereto, and
will permit access to its books, records, and accounts by HUD and the
Secretary of Labor for purposes of investigation to ascertain compliance with
such rules, regulations, and orders.
(6) In the event of the Subrecipient's noncompliance with the nondiscrimination
clauses of this Contract or with any of the said rules, regulations, or orders,
this Contract may be canceled, terminated, or suspended in whole or in part
and the Subrecipient may be declared ineligible for further Government
contracts or federally assisted construction contracts in accordance with
procedures authorized in Executive Order 11246 of September 24, 1965, as
amended, and such other sanctions may be imposed and remedies invoked
as provided in Executive Order 11246 of September 24, 1965, as amended,
or as otherwise provided by law.
(7) The Subrecipient will include the portion of the sentence immediately
preceding paragraph (1) and the provisions of paragraphs (1) through (7) in
every subcontract or purchase order unless exempted by rules, regulations,
10
or orders of the Secretary of Labor, issued pursuant to Section 204 of
Executive Order 11246 of September 24, 1965, as amended, so that such
provisions will be binding upon each subcontractor or . vendor. The
Subrecipient will take such action with respect to any subcontract or
purchase order as HUD may direct as a means of enforcing such provisions,
including sanctions for noncompliance; provided, however, that in the event
a Subrecipient becomes involved in, or is threatened with, litigation with a
subcontractor or vendor as a result of such direction by HUD, the
Subrecipient may request the United States to enter into such litigation to
protect the interests of the United States.
b. Equal Opportunity in Participation
Under the terms of Section 109 of the Housing and Community Development Act
of 1974, and in conformance with Grantee policy and all requirements imposed by
or pursuant to the Regulations of HUD (24 CFR Part 570.601 and 570.602) issued
pursuant to Section 109, no person in the United States shall on the ground of race,
color, creed, religion, sex, age, handicap,disability, sexual orientation, ancestry,
national origin, marital status, familial status, or any other basis prohibited by
applicable law be excluded from participation in, be denied benefits of, or be
subjected to discrimination under any program or activity funded in whole or in part
with Community Development Block Grant Program funds.
Specific (not exclusive) Discriminatory Actions Prohibited:
The Subrecipient may not directly or through contractual or other arrangements, on
the grounds of race, color, creed, religion, sexual orientation, ancestry, national
origin, marital status, familial status, age, handicap, disability, sex or other basis
prohibited by applicable law:
(1) Deny any facilities, services, financial aid, or other benefits provided under
the program or activity.
(2) Provide any facilities, services, financial aid, or other benefits which are
different, or are provided in a different form from that provided to others
under the program or activity.
(3) Subject to segregated or separate treatment in any facility, or 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
benefits under.the program or activity.
(5) Treat an individual differently from others in determining whether the
individual satisfies any admission, enrollment, eligibility, membership, or
other requirement or condition which the individual must meet in order to be
11
-;
provided any facilities, services, or other benefit provided under the program
or activity.
(6) Deny any person with the legal right to work an opportunity to participate in
a program or activity as an employee.
c. Business and Employment Opportunities for Lower Income Residents, Women-
Owned Business Enterprises, and Minority-Owned Business Enterprises.
The Subrecipientwill use its best efforts to afford minority and women-owned business enterprises
the maximum practicable opportunity to participate in the performance of this contract. As used in
this contract, the term "minority and female business enterprise," means a business at least fifty-one
(51 %) owned and controlled by minority group members or women. For the purpose of this
definition, "minority group members" are African-American, Spanish-speaking, Spanish surnamed
or written representations by Subrecipients regarding their status as minority and female business
enterprises in lieu of an independent investigation.
d. SECTION 3 CLAUSE
The Subrecipient will conform with the rules and regulations set forth under Section 3 of the
Housing and Urban Development Act of 1968, (12 USC 1701u), as amended, and the HUD
regulations issued pursuant thereto at 24 CFR Part 135. This Act requires that, to the greatest
extent feasible, opportunities for training and employment be given to lower income residents of the
project area, and contracts for work in connection with the project be awarded to business concerns
which are located in, or owned insubstantial part by persons residing in the area of the project. In
all solicitations for bids the contractor must, before signing the contract, provide a preliminary
statement of the work force needs and plans for possible training and employment of lower income
persons. When a Subrecipient utilizes the bidding procedure to let a bid, the invitation or solicitation
for bids shall advise prospective contractors of the requirements of Section 3 of the Housing and
Urban Development Act of 1968, as amended, and the clause shall be inserted as a component
part of any contract or subcontract.
If a Subrecipient solicits or requests an invitation for bids, every effort feasible will be made to
contact minority-owned and women-owned business enterprises for a response to the solicitation
or invitation for bidders.
e. Nondiscrimination in Federally-Assisted Programs
The Subrecipient will comply with Title VI of the Civil Rights Act of 1964 (PL 88-352, 42USC 2000d
et seq.) and the Fair Housing Act (42 USC 3601-20). In accordance with Grantee Policy and Title
VI of the Civil Rights Act of 1964 (PL 88-352), in the sale, lease or other transfer of land acquired,
leased or improved with assistance provided under this Agreement, the deed or lease for such
transfer shall contain a covenant prohibiting discrimination upon the basis of race, color, creed,
religion, sex, handicap, disability, sexual orientation, ancestry, national origin, marital status, or
familial status, in the sale, lease, or rental; or in the use or occupancy of such land or any
12
improvements erected or to be erected thereon. The Subrecipient will comply with Title VII of the
Civil Rights Actof 1968 (PL 90-284) as amended and will administer all programs and activities
related to housing and community development in a manner to affirmatively further Fair Housing.
f. Labor Standards
Except with respect to the rehabilitation of residential property designed for residential use for less
than eight households, the Subrecipient and all subcontractors engaged in contracts in excess of
$2,000 for the construction, completion, rehabilitation, or repair of any building or work financed in
whole or in part with assistance provided under this Agreement are subject to the federal labor
standards provisions which govern the payment of wages and the ratio of apprentices and trainees
to journeyworkers. Under the terms of the Davis-Bacon Act, as amended, the Subrecipient is
required to pay all laborers and mechanics employed on construction work wages at rates not less
than those prevailing on similar construction in the locality as determined by the Secretary of Labor,
and shall pay overtime compensation in accordance with and subject to the provisions of the
Contract Work Hours and Safety Standards Act (40 USC 327-332), and the Subrecipient shall
comply with all regulations issued pursuant to these Acts and with other applicable Federal laws
and regulations pertaining to labor standards, including the Copeland "Anti-Kickback" Act.
Provided that if wage rates higher than those required under the regulations are imposed by State
or Local laws, nothing hereunder is intended to relieve the Subrecipient of its obligation, if any, to
require payment of the higher rates.
g. Flood Disaster Protection
This Agreement is subject to the requirements of the Flood Disaster Protection Act of 1973 (PL93-
234); Use of any assistance provided under this Agreement for acquisition or construction in an.
area identified as having special flood hazards shall be subject to the mandatory purchase of flood
insurance with the requirements of Section 102(a) of said Act.
h. Clean Air Act and Federal Water Pollution Control.Act (Applicable to Contracts and
Subcontracts which exceed $100,000).
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
13
elimination of lead-based paint hazards under 24 CFR Part 35. The Subrecipient, at its sole cost,
will comply with the requirements of 24 CFR 570.608 for notification, inspection, testing, and
abatement procedures concerning lead-based paint. Such regulations require that all owners,
prospective owners, and tenants of properties constructed prior to 1978 be properly notified that
such properties may contain lead-based paint. Such notification shall point out the hazards of lead-
based paint and explain the symptoms, treatment, and precautions that should be taken when
dealing with lead-based paint poisoning.
k. Special Assessments
Subrecipient will not attempt to recover any capital costs of public improvements assisted in whole
or in part with funds provided under Section 106 of the Act or with. amounts resulting from a
guarantee under Section 108 of the Act by assessing any amount against properties owned and
occupied by persons of low and moderate 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).
I. 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-displacementand Relocation Assistance Plan." The Subrecipientwill 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 Unifonn
Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, Section
104(d) of the Act, and the implementing regulations at 49 CFR 24 and 24 CFR 570.606.
Subrecipient hereby agrees to defend, to pay, and to indemnify the Grantee from and against any
and all claims and liabilities for relocation benefits or the provision of replacement dwelling units
required by federal statutes and regulations in connection with activities undertaken pursuant to this
Agreement.
14
m. Lobbying Restrictions
Subrecipient certifies that, to the best of its knowledge and belief:
No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person
for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of any Federal Grant, the making
of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement;
If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress,
an officer or employee of Congress, or employee of a Member of Congress, in connection with this
Federal Contract, grant, loan, or cooperative agreement, it will complete and submit Standard form-
LLL, "Disclosure Form to Report Lobbying" in accordance with its instructions; and .
It will require that the language of this paragraph M be included in the award documents for all
subawards at all tiers (including subcontractors, subgrants, and contracts under grants, loans, and
cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by Section 1352, Title 31, United States Code. Any p!3rson
who fails to file the required certification shall be subject to a civil penalty of not less than $10,000
and not more than $100,000 for each such failure.
:n. Provisions Required by Law Deemed Inserted
Each and every provision of law and clause required by law to be inserted in this Contract shall be
deemed to be inserted herein and the contract shall be read and enforced as though it were
included herein, and if through mistake or otherwise any such provision is not inserted, or is not
correctly inserted, then upon the application of either party the contract shall forthwith be physically
amended .to make such insertion or correction.
o. HISTORIC PRESERVATION
If applicable, the Subrecipient agrees to comply with the Historic Preservation requirements set for
in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures
set forth in CFR, Part 800, Advisory Council of Historic preservation Procedures forProtection of
Historic properties, insofar as they apply to the performance of this contract.
In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation
and demolition of historic properties that are fifty years old or older or that are included on a
Federal, State, or local historic property list.
15
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21. MISCELLANEOUS
a. This Agreement shall be governed by and construed according to the laws of the
State of Georgia.
b. Time shall be of the essence to this Contract, except where it is herein specifically
provided to the contrary. Subrecipient shall provide the scope of services in
accordance with the schedule set forth in Appendix B.
IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first written
above.
ATTEST: v", .
,. ~...\f:,T)''r.I7/f'(;
J"l,\"""" ~,,~:a.o.4~'~ I ~
~-.,. ~.. . ",';r;
;;<' .~. ~.. :z.
:$, ~ ~ - ?" "" '.;.-"
~ ~- . ~ ~'\ -. ......"'- .. ,-I:
9 ': r. sj~}\,b,'. ~.,.
,........ ~ ..- j ~ ~}.- "'-,
~... ' ,-!t .:-: ~~ :::;:
.~. ~ ./' . r _ : ""'~I>
-
~y
~
SEAL
~, 'CATHOLIC SOCIAL S.E~VICES, INC.
; (Subreclplent)
A ~
B~: ,\ Ii4t
Bill Berry _______
As its President
ATTEST:
0i~~
Sharon Vincent
As its Corporate Secretary
RL. ~ -
(Plain Witness)
----
16
APPENDIX A
Proiect Area
The project located at 811 12th Street, Augusta, Georgia 30901.
APPENDIX B
Goals. Obiectives. and Tasks
The purpose of the project is to provide assistance to low/moderate income families to prevent and
end homelessness through payment of first month's rent, rent to avoid eviction: deposits, mortgage
payments, emergency shelter (motel) when shelters are full and also to provide support services.
The goal of this project is to eliminate the current crisis a family finds itself in, such as no heat, no
food, etc., and to help the family survive the crisis until it can recover. The family is to be made a
partner in this process by placing at least part of the financial responsibility on the family.
The objective of the project is to assist approximately 500-600 families in crisis based on the level
of funding. These objectives will be met within the 2002 grant year.
APPENDIX C
Budget.
Homeless Prevention and Supportive Services (food, clothing, utilities, etc.)
$35,000
APPENDIX D
Reporting Requirements
The Subrecipient shall submit to the Grantee the following reports for the term of this agreement.
1. Monthly Statistical Reports - Due each month by the 15th for the previous month.
2. Quarterly Progress Reports
Due April 15, 2002, July 15,2002, October 15, 2002 and January 15, 2003.
3. Annual Report - January 30, 2003
4. Audit Report (Due 30.days after completion of audit).
17
ATTACHMENT #1
Reaulations. Circulars & Local Procurement Policy
1. Community Development Block Grant Entitlement Program 24 CFR 570
2. OMB Circular A-122
"Cost Principles for Non-Profit Organizations"
3. OMB Circular A-11 0
"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
Reimbursement Request
Monthly Statistical Report
Quarterly Report
Annual Report
18
-t
..
"
'-1.
ORIGINAL
..
.,
\.
, ,<;ONT~CT BETWEEN AUGUSTA-RICHMOND COUNTY HOUSINt
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 1 st day of January 2002, 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 "Grap.tee"), and AUGUSTA-RICHMO~ COUNTY PARKS
AND RECREATION DEPARTMENT, (hereinafter referred to as the "Subrecipient").
WHEREAS, the Grantee has received a Community Development Block Grant from the
United States Department of Housing and Urban Development (HUD) under Title I of
the Housing and Community Development Act of 1974, as amended (42 USC 5301 et
seq.) (the Act); and
WHEREAS, pursuant to such Grant, the Grantee is undertaking certain programs and
services necessary for the planning, implementation and execution of such a Community
Development Block Grant Program; and
WHEREAS, the Grantee desires to engage the Subrecipient to render certain services,
programs, or assistance in connection with such undertakings of the Community
Development Block Grant Program, situated in the Project Area described in Appendix
A.
NOW, THEREFORE, the parties hereto do mutually agree as follows:
1. SCOPE OF SERVICE
The Subrecipient shall perform all the necessary services provided under this
Contract in accordance with the respecting the following project:
"Parks Improvement - .McDuffie Woods and Meadowbrook Park"
. The Subrecipient shall do, perform, and carry out, in a satisfactory manner, as
determined by the Grantee, the g~als, objectives, and tasks set forth in Appendix B, and
incorporated herein by reference.
2. TERM; TERMINATION
a. The services of the Subrecipient are to commence on January 01, 2002, 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
otherwise specified in the Contract Section 19 (General Terms and
c.
~onditions). This Agreement shall remain in effect until December 31, 2002,
or until this Agreement is otherwise terminated. However, the obligations of
Subrecipient under Section 9 (program Income) shall continue for any
additional time period which Subrecipient may receive or remain in control of
program mcome.
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" best interest. . Termination, in whole
or in part, shall be effected by delivery of a Notice of Termination signed by
the Mayor, mailed or delivered to Subrecipient, and specifically setting forth
the effective date of termination.
c. Either party may terminate this Contract, without further obligation, for the
default of the other party or its agents or employees with respect to any
agreement or provision contained herein upon 15 days written notice to the
other PartY. All reports or accountings provided for herein shall be rendered
whether or not falling due within the contract period.
d. Further, the Grantee reserves the right to terminate this contract upon written
notification to the Subrecipient under any of the following conditions:
(1) Notification by HUD to the Grantee that said project is ineligible
because of project location, services provided, or any other reason
cited by HUD;
(2) 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 form HUD to the Grantee that the program
funds made available to the Grantee are being curtailed,
withdrawn, or otherwise restricted.
e. The Grantee also reserves the right to terminate this Contract or to reduce the
contract compensation amount if the Subrecipient:
(1) Fails to file required reports or to meet project progress or
completion deadlines; .
(2) Materially fails to comply with any provision of this Agreement
(which may result in suspension or termination in accordance with
24 CFR 85.43 or OMB Circular A-IlO).
2
(3) Expends funds under this Agreement for ineligible activities,
services, or items,
(4) Implements the project prior to notification from the Grantee that
the federal environmental review process has been completed;
(5) Violates Labor Standards requirements; or
(6) Fails to comply with written notice from the Grantee of
. substandard performance under the terms of this Agreement.
3. KEY PERSONNEL
a. Subrecipient shall assign to this Contract the following key personnel:
1. 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. Subrecipient shall notify the Grantee Director
of HND within five (5) calendar days after the occurrence of any of these
events and provide the following information, providing a detailed
explanation of the circumstances necessitating the proposed substitutions,
complete resumes for the proposed substitutes, and any additional
information requested by the Grantee's Director of HND. Proposed.
substitutes should have comparable qualifications to those of the person.
being replaced. The Grantee's Director of HND will notify the
Subrecipient within fifteen calendar days after receipt of all required
information of the decision on substitutions. This clause will be modified
to reflect any approved changes of key personnel.
4. PERFORMANCE MONITORING
The Grantee will monitor .the performance of the Subrecipient against goals and
performance standards required herein. Substandard performance as determined by the
Grantee will constitute non-compliance with this contract. If actions to correct such
substandard performance are not taken by the Subrecipient within 30 days following on-
site monitoring by the Grantee, contract termination procedures will be initiated.
5. INSPECTION AND ACCEPTANCE
All tasks and reports shall be conduct~d 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., Subrecipients 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
3
within said .ten-day period shall constitute a breach of this contract for which the
Subrecipient may be held in default.
6. SEVERABILITY
If any term or condition of this Agreement is found by a court of competent jurisdiction
to be void or invalid, such invalidity shall not affect the remaining terms and conditions
of this Agreement, which shall continue in full force and effect.
7. COMPENSATION
The Subrecipient shall be paid a total consideration of $200,000.00 for full performance .
of the services specified under this agreement. Any cost above this amount shall be the
sole responsibility of the Subrecipient. Subrecipient shall submit monthly requests for
payments to the Housing and Neighborhood Development (HND) Department.
Compensation shall be allowed on a reimbursement basis, oruy after expenditures have
been incurred by the Subrecipient and proper supporting documentation has been
submitted in conformity with the approved and executed budget document which is
attached to this Contract as Appendix C, incorporated herein by reference. In every case,
payment will be made subject to receipt of a reimbursement request for payment from the
Subrecipient specifying and certifying that such expenses have been incurred and,
expended in conformance with this Contract and that the Subrecipient is. entitled to.
receive the amount requested under the terms of this Contract. Client's eligibility data
shall be included with said reimbursement request.
Payments will be made on a monthly basis 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 worked performed during the
proceeding calendar month. The Subrecipient shall not claim reimbursement from the
Grantee for that portion of its obligations, which has been paid by another source of
revenue.
The subrecipient shall notify the Grantee in writing of all authorized personnel who shall
be empowered to file requests for payment pursuant to this Agreement.
8. USE OF FUNDS
Use of funds received pursuant to this Agreement shall be in accordance with the
requirements of the Housing and CoII1Ii1unity Development Act of 1974 (as amended), 24
CFR Part 570 and other regulations governing the Community Development Block Grant
Program, and any amendments or policy revisions thereto which shall become effective
during the term of this Agreement. A copy of said regulations is incorporated by
reference.
In addition, the Subrecipient agrees to comply with other applicable laws, including the
National Environmental Policy Act of 1969 (and the implementing regulation at 24 CFR
4
58), the National Historic Preservation Act of 1966 as amended (16 USC 470), Section
504 of the Rehabilitation Act of 1973 (29 USC 794) (and the implementing regulations at
24 CFR 8), the Americans with Disabilities Act of 1990, the age Discrimination Act of
1975 (42 USC 6101) (and the implementing regulations at 24 CFR 146), the prohibition
against using debarred contractors at 24 CFR 570.609, and Executive Orders 11063,
11246, 11375, 12086, and 12259.
Further, any funded activity must be designed or so located as to principally benefit lower
income persons, aid in the prevention or elimination of slums or blight, or meet urgent
community development needs, as defined in the program regulations.
The Subrecipient agrees to maintain documentation that demonstrates that the activity
carried out with CDBG funds meets the national objective of benefiting low and .
moderate-income persons as a public service limited clientele activity.
Subrecipient agrees to comply with the uniform administrative requirements specified at
24 CFR 570.502 and 24 CFR 570.610, including:
If the Subrecipient is a government agency, OMB Circular A-87, "Principles for.
,Determining Costs Applicable to Grants and Contracts with State, Local, and Federally.
Recognized Indian Tribal Governments;" OMB Circular A-128 . "Audits of State and
Local Governments" (implemented at 24 CFR 44); and the sections of 24 CFR 85,
, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State
and Local Governments," specified at 24 CFR 570.502(b).
. Subrecipient is prohibited from using funds provided herein for political activities,
sectarian or religious activities, or lobbying activities.
9. PROGRAM INCOME
Program Income (defined at 24 CFR 570.500 and 570.504) derived from the project is
anticipated to be approximately $0. If applicable, the projected use of the program
income shall be determined by the Grantee before execution of this Contract. The
Subrecipient 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 the Grantee's Community Development Block Grant Program. If
the Subrecipient is allowed to retain program income, the Director shall designate its use
and the reporting requirements. Any interest earned on cash advances from the U.S.
Treasury is not program income and shall be remitted promptly to the Grantee.
5
10. REVERSION OF ASSETS
Any real property under the Subrecipient's control acquired or improved in whole or in
part with CDBG funds (including funds provided to the Subrecipient in the form of a
loan) in excess of$25,000 will be used to meet one of the national objectives in 9570.208
until five years after expiration of this Contract, or for such longer period of time as
determined to be appropriate by the Grantee.
11. INDIRECT COSTS
Indirect costs will only be paid if Subrecipient has a indirect cost allocation plan
approved by the 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 outside the metropolitan area with funds provided under this Contract. All Federal
Travel Regulations are applicable (41 CFR Part 301).
13. IDEMNIFICATION
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 an/or Subrecipient's failure to perform its obligations hereunder or related to or
arising. out of any damage or injury to property or persons, occurring or allegedly
occurring in connection with Subrecipient's performance or non-performance of its
obligations hereunder. No payment, however, final or otherwise, shall operate to release
the Subrecipient from any obligations under this Contract.
14. INSURANCE & BONDING
Subrecipient shall carry sufficient insurance coverage to protect contract assets from loss
due to theft, fraud and/or undue physical damage, and as a minimum shall purchase a
blanket fidelity bond covering all employees in an amount equal to cash advances from
the Grantee. All policies providing insurance coverage required to be maintained by
Subrecipient hereunder shall list Grantee, The Augusta-Richmond County Commission
and its Mayor, and their officers, agents, members, employees and successors as named
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.
6
..
15. GRANTOR RECOGNITION
Subrecipient shall insure recognition of the role of the grantor agency in providing
services through this contract. All activities, facilities and items utilized pursuant to this
contract shall be prominently labeled as to funding source. In addition, the Subrecipient
will include a reference to the support provided herein all publications made possible
. with funds made available under this contract.
16. OPEN MEETINGS LAW COMPLIANCE
Subrecipient is subject to the Georgia Open Meetings Law if it receives more than 33%
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 call meetings
except emergency meetings; it will post notices of its meetings in a public place at the
meeting sites and it will keep a written agenda, minutes, attendance and voting record for.
each meeting and make the same available for inspections by the press, the public and the
. Grantee. The press, public and the. Grantee shall not be denied admittance to the
Subrecipient's board meetings.
Subrecipient shall provide to the Grantee a tentative annual schedule of the Board of
. Directors' meetings. Publications and minutes of each meeting shall be submitted to
Grantee within 30 days after each meeting.
. 17. ,ASSIGNMENT
, Without the prior written consent of the Grantee, this Agreement is not assignable by the
Subrecipient, either in whole or in part.
18. ENTIRE CONTRACT; ALTERATION
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.
19. GENERAL TERMS AND CONDITIONS
a. REPORTS
The Subrecipient agrees to submit to Grantee any reports necessary to monitor this
agreement.
7
b. CLIENT DATA
If applicable, Subrecipient agrees to maintain racial, ethnic, gender, head of household,
household income , and household size data and showing the extent to which these
categories of persons have participate in, or benefited from the project, and to submit this
information to the Grantee by January 30, 2003.
c. RECORDS TO BE MAINTAINED
Subrecipient shall maintain all records required by the federal regulations specified in 24
CFR Part 570.506, and that are pertinent to the activities to be funded under this contract.
Such records shall include but are not limited to the items listed below:
1. Records providing a full description of each activity undertaken;
11. Records demonstrating that each activity undertaken meets one of the
National Objectives of the CDBG Program;
111. Records required to determine the eligibility of activities;
IV. Financial records as required 24 CFR Part 570.502, and OMB Circular A-
133; and
v. Other records necessary to document compliance with Subpart K of 24
CFR 570.
. Subrecipient agrees to keep all necessary books and records, including property,
personnel and financial records, in connection with the operations and services performed
under this Agreement, and shall document all transactions so that all expenditures may be
properly audited. If the Subrecipient receives $300,000 or more in combined federal
assistance, it agrees to obtain an audit conducted in accordance with OMB Circular A-
133. However, if an audit is not required, the Subrecipient agrees to provide quarterly
financial reports to the Grantee. If Subrecipient do not prepare fmancial statements on a
monthly or quarterly basis, a detailed. list of cash receipts and disbursements should be
submitted to Grantee quarterly.
d. ACCESS TO RECORDS
The Subrecipient agrees that the Grantee or any authorized representative has access to
and the right to examine all records, books, papers, or documents related to the project.
e. RETENTION
The Subrecipient hereby severally warrants that all project records, books, papers, and
documents will be retained for a period of not less than four (4) years after the
termination of all activities funded under this contract, or after the resolution of all
8
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 repot, as
prescribed in 24 CFR 91.520, in which the specific activity is reported on for the final
time rather than from the date of submission of the [mal expenditure report for the award.
f. 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.
1. AUTHORIZATION TO EXECUTE AGREEMENT
The undersigned person signing as an officer on behalf of the Subrecipient, a party to this
Agreement, hereby severally warrants and represents that said person has authority to
enter into this Agreement on behalf of said Subrecipient and to bind the same to this
Agreement, and further that said Subrecipient has authority to enter into this Agreement
and that there are no restrictions or prohibitions contained in any article of incorporation
or bylaw against entering into this agreement.
J. SECTION 504 .
The Subrecipient hereby certifies that, in the implementation of projects funded by this
Agreement and in all of its other operations, it will comply with all requirements of
Section 504 of the Rehabilitation Act of 1973 (29 USC 794) (and the implementing
regulations at 24 CFR 8), the Americans with Disabilities Act of 1990 (pL 101-336), and
all state and local laws requiring physical and program accessibility to people with
9
"
disabilities, and agrees to defend, hold harmless, and indemnify the Grantee from and
against any and all liability for any noncompliance on the part of the Subrecipient.
k. INDEPENDENT CONTRACTOR
Nothing contained in this Agreement is intended to, or shall be construed in any manner
to, create or establish an employer-employee relationship between the parties, nor shall
any employee of the Subrecipient by virtue of this Contract be an employee of the
Grantee for any purpose whatsoever, nor shall any employee of the Subrecipient be
entitled to any of the rights, privileges, or benefits of Grantee employees. The
Subrecipient shall be deemed at all times an independent contractor and shall b e wholly
responsible for time, means and manner for performance of the services required or it by
the terms of this Contract. The Subrecipient assumes exclusively the responsibility for
the acts of its employees as they relate to the services provided during. the course and
scope of their employment.
1. PROCUREMENT
The Subrecipient shall comply with Augusta-Richmond County's current., policy
concerning the purchase of equipment and shall maintain an inventory record of all non-
expendable personal property as defmed by such policy and as may be procured with
funds provided herein.'
20. OTHER PROVISIONS
a. Equal EJ?ployment Opportunity
The following provisions (I) and (ii) are applicable to all contracts and subcontract;
provisions (iii) through (vii) are applicable to all non-exempt construction contracts and.
subcontracts which exceed $10;000:
(i) The Subrecipient ~ha11 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 termination, rates of payor. other forms of
compensation, and sdection for training including apprenticeship. The
Subrecipientagrees to post in conspicuous places, available to employees
and applicants for employment, notices to be provided setting forth the
provisions of this nondiscrimination clause.
10
(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.
(iii) The Subrecipient will send to each labor union or representative of
workers with which it has a collective bargaining agreement or other
contract or understanding, a notice to be provided advising the said labor
union or workers' representatives of the Subrecipient's commitments
under this section, and shall post copies of the notice in conspicuous
places available to employees and applicants for employment.
(iv) The Subrecipient will comply with all provisions of Executive Order
11246, Equal Employment Opportunity, of September 24, 1965, as
amended by Executive Orders 11375, and 12086, copies of which are on
file and available at the Grantee, and of the rules, regulations, and relevant
orders of the Secretary of Labor.
(v) The Subrecipient will furnish all information and reports required by
Executive Orders 11246 of September 24, 1965, as amended, and by rules,
regulations, and orders of the Secretary of Labor, or pursuant thereto, and
will permit access to its books, records, and accounts by HUD and the .
Secretary of Labor for purposes of investigation to ascertain compliance
with such rules, regulations, and orders.
(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 may be cancelled, terminated, or
suspended in whole or in part and the Subrecipient may be declared
ineligible for further Government contracts or federally assisted
construction contracts in accordance with procedures authorized in
Executive Order 11246 of September 24, 1965, as amended, and such
other sanctions may be imposed and remedies invoked as provided in
Executive Order 11246 of September 24, 1965, as amended, or as
otherwise provided by law.
(vii) The Subrecipient will include the portion of the sentence immediately
preceding paragraph (i) and the provisions of paragraph (i) 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
provision will be binding upon each subcontractor or vendor. The
Subrecipient will take such action with respect to any subcontract or
purchase order as HOD may direct as a means of enforcing such
11
provisions, includl.ng. 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 interest of the United States.
b. Equal Opportunity in Participation
Under the terms of Section. 109 of the Housing and Community
Development Act of 1974, and in conformance with Grantee policy and all
requirements imposed by or pursuant to the Regulations of HUD (24 CFR
Part 570.601 and 570.602) issued pursuant to Section 109, no person in
the United States shall on the ground of race, color, creed, religion, sex,
age, handicap, disability, 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, 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.
11. 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.
111. 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.
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 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 under the program or activity.
12
.
VI. Deny any person with the legal right to work an opportunity to
participate in a program or activity as an employee.
c. Business and Employment Opportunities for Lower Income Residents,
Women-Owned Business Enterprise, and Minority-Owned Business
Enterprises.
The Subrecipient will use its best efforts to afford minority and women-owned business
enterprises the maximum practicable opportunity to participate in the performance of this
contract. As used in this contract, the term "minority and female business enterprise,"
means a business at least fifty-one (51%) 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 enterprise 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 an~ 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 convenant
prohibiting discrimination upon the basis of race, color, creed, religion, sex, handicap,
disability, ancestry, national origin, marital status, or familial status, in the sale, lease or
13
rental, or in the use or occupancy of such land or any iiilprovements erected or to be
erected thereon. The Subrecipient will comply with Title VII of the Civil Rights Act of
1968 (PL 90-284) as amended and will administer all programs and activities related to
housing and community development in a manner to affirmatively further Fair Housing.
f. Labor Standards
Except with respect to the rehabilitation of residential property designed for residential
use for less than eight households, the Subrecipient and all subcontractors engaged in
contracts in excess of $2,000 for the construction, completion, rehabilitation, or repair of
any building or work financed in whole or in part with assistance provided under this
Agreement are subject to the federal labor standards provisions which govern the
payment of wages and the ratio of apprentices and trainees to journey workers. Under the.
terms of the Davis-Bacon Act, as amended, the Subrecipient is required, to pay all
laborers and mechanics employed on construction work wages at rates not less than those.
prevailing on similar construction in the locality as determined by the Secretary of Labor,
and shall pay overtime compensation in accordance with and subject to the provisions of
. the Contract Work Hours and Safety Standards Act (40 USC 327-332), and the
Subrecipient shall comply with all regulations issued pursuant to these Acts and with.
. other applicable Federal laws and regulations pertaining to labor standards, including the
Copeland "Anti-Kickback" Act. Provided that if wage rates higher than those, required
under the regulations are imposed by State or Local laws, nothing hereunder is intended.
to relieve the 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 (PL 93-234). Use of any assistance provided under this Agreement for acquisition
. or construction in an area identified as having special flood hazards shall be subject to the
mandatory purchase of flood insurance with the requirements of Section 102(a) of said
Act.
h. Clear Air Act and Federal Water Pollution Control Act (Applicable to
Contracts and Subcontracts which exceeds $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.
1. Provision 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
14
engaged in 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
. provision for the elimination of lead-based paint hazards under 24 CFRPart 35. The
Subrecipient, at its sole cost, will comply with the requirements of 24 CFR 570.508 for
notification, inspection, testing, and abatement procedures concerning lead-based paint.
Such regulations require that all owners, prospective owners, and tenants of properties
constructed prior to 1978 be properly notified that such properties may contain lead-
based paint. Such notification shall point out the hazards of lead-based paint and explain
the symptoms, treatment, and precautions that should be taken when dealing with lead-
based paint poisoning.
k. Special Assessments
. Subrecipient will not attempt to recover any capital costs of public improvements assisted.
, in whole or in part with funds provided under. Section 106 of the Act or with amounts
resulting from a guarantee under Section 108 of the act by assessing any amount. against
properties owned and occupied. by persons of low and moderate income, including any.
, fee charged or assessment made as a condition of obtaining access to such public
improvements, unless: (1) funds received under Section 106 of the Act are used to pay.
the proportion of such fees or assessment that relates to the capital costs of such public.
improvements that are financed from revenue sources other than under Title I .of the Act,
, or (2) for purposes of asse4ssing any amount against properties owned and occupied by
'. persons of moderate income, the grantee certifies to the Secretary of HUD that it lacks
sufficient funds received under Section 106 of the Act to comply with the requirements of
subparagraph (1).
1. Acquisition, Rehabilitation, and Demolition of Real Property and
Displacement of Persons and Business
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 1 04( d) of the Act,
and the implementing regulations at 49. CFR 24 and 24 CFR 570.606. Unless specifically
permitted in Appendix B or Appendix C, Subrecipient will not cause either temporary or
permanent involuntary or permanent displacement of persons or businesses. If .
15
;-
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 At 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 F ederalloan, the entering into of any
cooperative agreement, and the extension, continuation renewal, amendment, or.
modification of any Federal contract, grant, loan, or cooperative agreement;
If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or employee of a Member of
Congress, in connection with this Federal Contract, grant, loan, or cooperative:agreement,
it will complete and submit Standard Form-LLL, "Disclosure Form to Report. Lobbying"
in accordance with its instructions; and
It will require that the language of this paragraph M be included in the award documents
for all subawards at all tiers (including subcontractors, sub grants, 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 place when
this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by Section 1352, Title
31, United States Code. Any person who fails to file the required certification shall be
subject to a civil penalty of not less than $10,000 and not more than $100,000 for each
such failure.
n. Provisions Required by Law Deemed Inserted
Each and every provision of law and clause required by law to be inserted in this Contract
shall be deemed to be inserted herein and the contract shall be read and enforced as
16
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 PRESERV AnON
If applicable, the Subrecipient agrees to comply with the Historic Preservation
requirements set for in the National Historic Preservation Act of 1966, as amended (16
V.S.C. 470) and the procedures set forth in CFR, Part 800, Advisory Council of Historic
Preservation Procedures for Protection of Historic properties, insofar as they apply to the
performance of this contract.
In general, this requires concurrence from the State Historic Preservation Officer for all
rehabilitation and demolition of historic properties that are fifty years old or older or that
are included on a Federal, State, or local historic property list.
21. MISCELLANEOUS
a. This Agreement shall be governed by and construed according to the laws'
of the State of Georgia.
b. Time shall be of the essence to. this Contract, except where it is herein
specifically provided to the contrary. Subrecipient shall provide the scope
of services in accordance with the schedule set forth in Appendix B.
17
t
'.
IN .WITNESS WHEREOF, the parties have set their hands and seals as of the date first
written above.
SEAL
AUGUSTA, GEORGIA
/7 AGrantee)
By: \ ~
ATTEST:
" ~
. -.- ......
....---.....-..............
Augusta-Richmond County Recreation and Parks Department
Subrecipient
SEAL
By:
11-. ,~
~'7.,"=;~.\ ~~/~
/lrad' ~
-~
ol&iKowdJ Q rIi Io"l------~-u ___
(plain Witness)
18
~
..
APPENDIX A
Project Area
The Meadowbrook community located between Windsor Spring Road and Deans Bridge
Road is a growing area with limited leisure service opportunities. The proposed park
improvements would enhance the existing park site and the opportunities the residents
have in this area for recreation. This neighborhood park is located adjacent to
Meadowbrook Elementary School. The addition and expansion of the elements proposed
for this project would meet youth and adult needs.
McDuffie Woods is intended to serve the Barton Chapel area of Augusta. The existing
recreation center has program needs that can not currently be met because of the lack of
sufficient space. The building addition will enhance the overall operation ,of the
community center, thus offering the residents and park users of this facility more
programs and services desired by the public.
APPENDIX B
Budget
The park improvements to Meadbrook Park and McDuffie Woods will include the
following:
Scope of Work:
Construct Baseball Field - Meadowbrook Park
Playground Improvements - Meadowbrook Park
Parking Improvements - Meadbrook Park
Walking Tracking Improvements - Meadowbrook Park
Construct Building Addition - Mc Duffie Woods Park
NE Fees
Contingency. _..-- - -- -.. -------- ----.-. ..- . n___ -- - .
Total: $200,000
19
..I'~
'T'
..
ORIGINAL
.~
..
CONTRACT BETWEEN AUGUSTA, GEORGIA
AND
. .
AUGUSTA-RICHMOND COUNTY PLANNING COMMISSION, INC.
FOR
THE 2002 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
THIS AGREEMENT, made and entered into on this ~ day of January, 2002, 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 PLANNING COMMISSION, INC., (hereinafter
referred to as the "Subrecipient").
WHEREAS, the Grantee has received a Community Development Block Grant from the United
States Department of Housing and Urban Development (HUD) under Title I of the Housing and
Community Development Act of 1974, as amended (42 USC 5301 et seq.) (the Act); and
WHEREAS, pursuant to such Grant, the Grantee is undertaking certain programs and services
necessary for the planning, implementation and execution of such a Community Development Block
Grant Program; and .
WHEREAS, the Grantee desires to engage the Subrecipient to render certain services, programs,
or assistance in connection with such undertakings of the Community Development Block Grant
Program, situated in the Project Area described in Appendix A. .
NOW, THEREFORE, the parties hereto do mutually agree as.follows:
1. SCOPE OF SERVICE
The Subrecipient shall perform all the necessary services provided under this Contract in
accordance with and respecting the following project:
"Program Planning and Environmental Review"
The Subrecipient will carry out planning and environmental review activities for the Community
Development Block Grant Program.
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 January 1, 2002, 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
.i' ~
specified in the Contract Section 19 (Generai Terms and Conditions). This
Agreement shall remain in effect until December 31, 2002, or until this Agreement
is otherwise terminated.
b. The parties agree that the Grantee may terminate this Contract or any work or
delivery required hereunder, from time to time, either in whole or in part, whenever
the Commission, on recommendation from the Director of the Housing and
Neighborhood Development Department (HND), shall determine that such
termination is in the Grantee's best interest. Termination, in whole or in part, shall
be effected by delivery of a Notice of Termination signed by the Mayor, mailed or
delivered to Subrecipient, and specifically setting forth the effective date of
termination.
c. Either party may terminate this Contract, without further obligation, for the default of
the other party or its agents or employees with respect to any agreement or provision
contained herein upon 15 days written notice to the other party. All reports or
accountings provided for herein shall be rendered whether or not falling due within
the contract period.
d. Further, the Grantee reserves the right to terminate this contract upon written
notification to the Subrecipient under any of the following conditions:
1) Notification by HUD to the Grantee that said project is ineligible because of
project location, services provided, or any other reason cited by HUD;
2) Notification by HUD to the Grantee that said project is deficient and that
continued support of the project is not providing. an adequate level of
services to low income and minority people; or
3) Written notification from HUD to the Grantee that the program funds made
available to the Grantee are being curtailed, withdrawn, or otherwise
restricted.
e. The Grantee also reserves the right to terminate this Contract or to reduce the
contract compensation amount if the Subrecipient: .
(1) Fails to file required reports or to meet project progress or completion
deadlines;
(2) Materially fails to comply with any provision of this Agreement (which may
result in suspension or termination in accordance with 24 CFR 85.43 or OMB
Circular A-110).
(3) Expends funds under this Agreement for ineligible activities, services, or
items;
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(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. George A. Patty, Executive Director
ii. Paul DeCamp, Planning Director
iii. Kelvin Powell, Planner I
B. During the period of performance, Subrecipient shall make no substitutes of key
personnel unless the substitution is necessitated by illness, death, or termination of
employment. Subrecipient shall notify the Grantee Director of HND within five (5)
calendar days after the occurrence of any of these events and provide the following
information, providing a detailed explanation of the circumstances necessitating the
proposed substitutions, complete resumes for the proposed substitutes, and any
additional information requested by the Grantee's Director of HND. Proposed
substitutes should have comparable qualifications to those of the persons being
replaced. The Grantee's Director of HND will notify the Subrecipient within fifteen (15)
calendar days after receipt of all required information of the decision on substitutions.
This clause will be modified to reflect any approved changes of key personnel.
4. PERFORMANCE MONITORING
The Grantee will monitor the performance of the Subrecipient against goals and performance
standards required herein. Substandard performance as determined by the Grantee will constitute
non-compliance with this contract. If actions to correct such substandard performance are not taken
by the Subrecipient within 30 days following on-site monitoring by the Grantee, contract termination
procedures will be initiated.
5. INSPECTION AND ACCEPTANCE
All tasks and reports shall be conducted and completed in accordance with recognized and
customarily accepted industry practices, and shall be considered complete when services are
approved as acceptable by the Grantee in writing. In the event of rejection of any tasks, reports,
etc., Subrecipient shall be notified in writing and shall have ten (10) working days from date of
issuance of notification to correct the deficiencies and re-submit acceptable work within said ten-day
period. Failure to submit acceptable work within said ten-day period shall constitute a breach of
this contract for which the Subrecipient may be held in default.
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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 $ 35,000 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 Housing and
Neighborhood Development (HND) Department. Compensation shall be allowed on a
reimbursement basis, only after expenditures have been incurred by the Subrecipient and proper
supporting documentation has been submitted in conformity with the approved and executed budget
document which is attached to this Contract as Appendix C, incorporated herein by reference. In
every case, payment will be made.subject to receipt of a reimbursement requestfor payment from
the Subrecipient specifying and certifying that such expenses have been incurred and expended
in conformance with this Contract and that the Subrecipient is entitled to receive the amount
requested under the terms of this Contract.
Payments will be made on a monthly basis only with a 30-day turnaround period by Grantee.
Requests.tor payments must be received by Grantee not later than the 15th day of. each calendar
month:for work performed during the preceding calendar month.
The Subrecipient shall not claim reimbursement from the Grantee for that portion of its obligations
which has been paid by another source of revenue.
The Subrecipient shall notify the Grantee in writing of all authorized personnel who shall be
empowered to file requests for payment pursuant to this Agreement.
8. USE OF FUNDS
Use of funds received pursuant to this Agreement shall be in accordance with the requirements of
the Housing and Community DevelopmentAct of 1974 (as amended), 24 CFR Part 570 and other
regulations governing the Community Development Block Grant Program, and any amendments
or policy revisions thereto which shall become effective during the term of this Agreement. A copy
of said regulations is incorporated by reference. In addition, the Subrecipient agrees to comply with
other applicable laws, including the National Environmental Policy Act of 1969 (and the
implementing regulations at 24 CFR 58), the National Historic Preservation Act of 1966 as amended
(16 USC 470), Section 504 of the Rehabilitation Act of 1973 (29 USC 794) (and the implementing
regulations at 24 CFR 8), the Americans with Disabilities Act of 1990, the Ag~ Discrimination Act
of 1975 (42 USC 6101) (and the implementing regulations at 24 CFR 146), the prohibition against
using debarred contractors at 24 CFR 570.609, and Executive Orders 11063, 11246, 11375, 12086,
and 12259.
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Funds shall be used for administrative costs associated with preparation of planning and
environmental review activities, preparation of neighborhood studies andYear 2000 Consolidated
Plan.
Subrecipient agrees to comply with the uniform administrative requirements specified at 24 CFR
570.502 and 24 CFR 570.610, including:
If the Subrecipient is a government agency, OMB Circular A-87, "Principles for Determining Costs
Applicable to Grants and Contracts with State, Local, and Federally Recognized Indian Tribal
Governments;" OMS Circular A-128, "Audits of State and Local Governments" (implemented at 24
CFR 44); and the sections of 24 CFR 85, "Uniform Administrative Requirements for Grants and
Cooperative Agreements to State and Local Governments," specified at 24 CFR 570.502(a).
If the Subrecipient is not a government agency, OMB Circular A-122, "Cost Principles for Non-Profit
org. anizations," or OMB Circular A-21, "Cost Principles for Educational Institutions," as applicable; ~
OMB Circular A-133, "Audits of Institutions of Higher Education and Other Non-Profit Institutions," ~
and ~ OMB Circular A-110, as specified at 24 CFR 570.502(b). .
Subrecipient is prohibited from using funds provided herein for political activities, sectarian or
religious activities, or lobbying activities.
9. PROGRAM INCOME
Program Income (defined at 24 CFR 570.500 and 570.504) derived from the project is anticipated
. to be approximately $0.
10. REVERSION OF ASSETS
Any real property under the Subrecipient's control acquired or improved in .whole or in part with
CDSG funds (including funds provided to the Subrecipient in the form of a loan) in excess of
$25,000 will be used to meet one of the national objectives in S570.208until five years after
expiration of this Contract, or for such longer period of time as determined to be appropriate by the
Grantee.
11. INDIRECT COSTS
Indirect costs will only be paid if Subrecipient has an indirect cost allocation plan approved by the
Department of Housing and Urban D.evelopment prior to the execution of this Contract.
12; TRAVEL
Subrecipient shall obtain prior written approval from the Grantee for any travel outside the
metropolitan area with funds provided under this Contract. All Federal Travel Regulations are
applicable (41 CFR Part 301).
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13. INDEMNIFICATION
Subrecipient agrees to indemnify and hold harmless Grantee from any and all claims in any way
related to or arising out of Subrecipient's performance of its obligations hereunder and/or
Subrecipient's failure to perform its obligations hereunder or related to or arising out of any damage
or injury to property or persons, occurring or allegedly occurring in connection with Subrecipient's
performance or non-performance of its obligations hereunder. No payment, however, final or
otherwise, shall operate to release the Subrecipient from any obligations under this Contract.
14. INSURANCE & BONDING
Subrecipient shall carry sufficient insurance coverage to protect contract assets from loss due to
theft, fraud and/or undue physical damage, and as a minimum shall purchase a blanket fidelity bond
covering all employees in an amount equal to cash advances from the Grantee. All policies
providing insurance coverage required to be maintained by Subrecipient hereunder shall list
Grantee, The Augusta-Richmond County Commission and its Mayor, and their officers, agents,
members, employees and successors as named insureds, as their interests may appear, and shall
be issued by an insurance carrier or carriers licensed to do business in the State of Georgia and
reasonably acceptable to Grantee. All such policies shall provide that no act or omission of Grantee
or its agents, servants, or employees shall in any way invalidate any insurance coverage for the
other named insureds. No insurance policy providing any insurance coverage required to be
provided by Subrecipient hereunder shall be cancelable without at least 15 days advance written
notice to Grantee. All insurance policies required hereunder, or copies thereof; shall be provided
to Grantee by Subrecipient.
15. GRANTOR RECOGNITION
Subrecipient shall insure recognition of the role of ~he grantor agency in providing services through
this contract. All activities, facilities and items utilized pursuant to this contract shall be prominently
labeled as to funding source. In addition, the Sub~ecipient will include a reference to the support
provided herein all publications made possible with funds made available under this contract.
16. OPEN MEETINGS LAW COMPLIANCE
Subrecipient is subject to the Georgia Open Meetings Law ifit 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 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.
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17. ASSIGNMENT
Without the prior written consent of the Grantee, this Agreement is not assignable by the
Subrecipient, either in whole or in part.
18. ENTIRE CONTRACT; ALTERATION
This Agreement is the entire agreement between the parties hereto. No alteration or variation in
the terms of this Agreement shall be valid unless made in writing and signed by the parties. hereto.
19. GENERAL TERMS AND CONDITIONS
A. REPORTS
The Subrecipient agrees to submit to Grantee program progress and financial reports and
any other reports that may be specified in Appendix D.
B. RECORDS TO BE MAINTAINED
Subrecipient shall maintain all records required by the federal regulations specified in 24
CFR Part 570.506, and that are pertinent to the activities to be funded under this contract.
Such records shall include but are not limited to the items listed below:
1. Records providing a full description of each activity undertaken;
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 $300,000 or more in combined federal assistance, it
agrees to obtain an audit conducted in accordance with OMB Circular A-133. However, if
an audit is not required, the Subrecipient agrees to provide quarterly financial reports to the
Grantee. If Subrecipient do not prepare financial statements on a monthly or quarterly
. basis, a detailed list of cash receipts and disbursements should be submitted to Grantee
quarterly.
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r.
C. 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.
D. RETENTION
The Subrecipient hereby severally warrants that all project records, books, papers, and
documents will be retained for a period of not less than four (4) years after the termination
of all activities funded under this contract, or after the resolution of all Federal audit findings,
whichever occurs later and grants the Grantee the option of retention of the project records,
books, papers, and documents. The retention period shall start from the date of submission
of the Grantee's annual performance report, as prescribed in 24 CFR 91.520, in which the
specific activity is reported on for the final time rather than from the date of submission of
the final expenditure report for the award.
E. PERMITS
The Subrecipient agrees to obtain all necessary permits for intended improvements or
activities.
F 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.
G. 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.
H. 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
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CFR 8), the Americans with Disabilities Act of 1990 (PI.: 101-336), and all state and local
laws requiring physical and program accessibility to people with disabilities, and agrees to
defend, hold harmless, and indemnify the Grantee from and against any and all liability for
any noncompliance on the part of the Subrecipient.
I. INDEPENDENT CONTRACTOR
Nothing contained in this Agreement is intended to, or shall be construed in any manner to,
create or establish an emplqyer-employee relationship between the parties, nor shall any
employee of the Subrecipient by virtue of this Contract be an employee of the Grantee for
any purpose whatsoever, nor shall any employee of the Subrecipient be entitled to any of
the rights, privileges, or benefits of Grantee employees. The Subrecipient shall be deemed
at all times an independent contractor and shall be wholly responsible for time, means and
manner for performance of the services required of it by the terms of this Contract. The
Subrecipient assumes exclusively the responsibility for the acts of its employees as they
relate to the services provided during the course and scope of their employment.
. J. PROCUREMENT
The Subrecipient shall comply with Augusta-Richmond County's current policy concerning
the purchase of equipment and shall maintain an inventory record of all non-expendable
personal property as defined by such policy and as may be procured with funds provided
herein.
20. OTHER PROVISIONS
A. Equal Employment Opportunity
The following provisions (1) and (2) are applicable to all contracts and subcontracts;
provisions (3) through (7) are applicable to all non-exempt construction contracts
and subcontracts which exceed $10,000:
(1) The Subrecipient shall not discriminate against any employee or applicant
for employment because of race, color, creed, religion, 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.
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(2) The Subrecipient will, in all solicitations or advertisements for employees
placed by or on behalf of the Subrecipient, state that all qualified applicants
will receive consideration for employment without regard to race, creed,
religion, sex, age, handicap, disability, sexual orientation, ancestry, national
origin, marital status, or any other basis prohibited by applicable law.
(3) The Subrecipient will send to each labor union or representative of workers
with which it has a collective bargaining agreement or other contract or
understanding, a notice to be provided advising the said labor union or
workers' representatives of the Subrecipient's commitments under this
section, and shall post copies of the notice in conspicuous places available
to employees and applicants for employment.
(4) The Subrecipient will comply with all provisions of Executive Order 11246,
Equal Employment Opportunity, of September 24, 1965, as amended by
Executive Orders 11375, and 12086, copies of which are on file and
available at the Grantee, and of the rules, regulations, and relevant orders
of the Secretary of Labor.
(5) The Subrecipient will furnish all information and reports required by
Executive Orders 11246 of September 24, 1965, as amended, and by rules,
regulations, and orders of the Secretary of Labor, or pursuant thereto, and
will permit access to its books, records, and accounts by HUD and the
Secretary of Labor for purposes of investigation to ascertain compliance with
such rules, regulations, and orders.
(6) In the event of the Subrecipient's noncompliance with the nondiscrimination
clauses of this Contract or with any of the said rules, regulations, or orders,
this Contract may be canceled, terminated, or suspended in whole or in part
and the Subrecipient may be declared ineligible for further Government
contracts or federally assisted construction contracts in accordance with
procedures authorized in Executive Order 11246 of September 24, 1965, as .
amended, and such other sanctions may be imposed and remedies invoked
as provided in Executive Order 11246 of September 24, 1965, as amended,
or as otherwise provided by law.
(7) The Subrecipient will include the portion of the sentence immediately
preceding paragraph (1) and the provisions of paragraphs (1) through (7) in
every subcontract or purchase order unless exempted by rules, regulations,
or orders of the Secretary of Labor, issued pursuant to Section 204 of
Executive Order 11246 of September 24, 1965, as amended, so thatsuch
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
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Subrecipient may request the United States to enter into such litigation to
protect the interests of the United States.
B. Equal Opportunity in Participation
Under the terms of Section 109 of the Housing and Community Development Act of
1974, and in conformance with Grantee policy and all requirements imposed by or
pursuant to the Regulations of HUD (24 CFR Part 570.601 and 570.602) issued
pursuant to Section 109, no person in the United States shall on the ground of race,
color, creed, religion, sex, age, handicap, disability, sexual orientation, ancestry,
national origin, marital status, familial status, or any other basis prohibited by
applicable law be excluded from participation in, be denied benefits of, or be
subjected to discrimination under any program or activity funded in whole or in part
with Community Development Block Grant Program funds.
Specific (not exclusive) Discriminatory Actions Prohibited:
The Subrecipient may not directly or through contractual or other arrangements, on
the grounds of race, color, creed, religion, sexual orientation, ancestry, national
origin, marital status, familial status, age, 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
benefits under the program or activity.
5. Treat an individual differently from others in determining whether the
individual satisfies any admission, enrollment, eligibility, membership, or
other requirement or condition which the individual must meet in order to be
provided any facilities, services, or other benefit provided under the program
or activity.
6. Deny any person with the legal right to work an opportunity to participate in
a program or activity as an employee.
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C. Business and Employment Opportunities for Lower Income Residents, Women-Owned
Business Enterprises, and Minority-Owned Business Enterprises.
The Subrecipient will use its best efforts to afford minority and women-owned business enterprises
the maximum practicable opportunity to participate in the performance of this contract. As used in
this contract, the term "minority and female business enterprise," means a business at least fifty-one
(51%) owned and controlled by minority group members or women. For the purpose of this
definition, "minority group members" are African-American, Spanish-speaking, Spanish surnamed
or written representations by Subrecipients regarding their status as minority and female business
enterprises in lieu of an independent investigation.
D. SECTION 3 CLAUSE
The Subrecipient will conform with the rules and regulations set forth under Section 3 of the Housing
and Urban Development Act of 1968, (12 USC 1701u), as amended, and the HUD regulations
issued pursuant thereto at 24 CFR Part 135. This Act requires that, to the greatest extent feasible,
opportunities for training and employment be given to lower income residents of the project area,
and contracts for work in connection with the project be awarded to business concerns which are
located in,. or owned in substantial part by persons residing in the area of the project. In all
solicitations for bids the contractor must, before signing the contract, provide a preliminary
statement of the work force needs and plans for possible training and employment of lower income
persons. When a Subrecipient utilizes the bidding procedure to let a bid, the invitation. or solicitation
for bids .shall advise prospective contractors of the requirements of Section 3 of the Housing and
Urban Development Act of 1968, as amended, and the clause shall be inserted as a component part
of any contract or subcontract.
If a Subrecipient solicits or requests an invitation for bids, every effort feasible will be made to
contact minority-owned and women-owned business enterprises for a response to the solicitation
or invitation for bidders.
E. Nondiscrimination in Federally-Assisted Programs
The Subrecipient will comply with Title VI of the Civil Rights Act of 1964 (PL 88-352, 42USC 2000d
et seq.) and the Fair Housing Act (42 USC 3601-20). In accordance with Grantee Policy and Title
VI of the Civil Rights Act of 1964 (PL 88-352), in the sale, lease or other transfer of land acquired,
leased or improved with assistance provided under this Agreement, the deed or lease for such
transfer shall contain a covenant prohibiting discrimination upon the basis of race, color, creed,
religion, sex, handicap, disability, sexual orientation, ancestry, national origin, marital status, or
familial status, in the sale, lease, or rental, or in the use or occupancy of such land or any
improvements erected or to be erected thereon. The Subrecipient will comply with Title VII of the
Civil Rights Act of 1968 (PL 90-284) as amended and will administer all programs and activities
related to housing and community development in a manner to affirmatively further Fair Housing.
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F. Labor Standards
Except with respect to the rehabilitation of residential property designed for residential use for less
than eight households, the Subrecipient and all subcontractors engaged in contracts in excess of
$2,000 for the construction, completion, rehabilitation, or repair of any building or work financed in
whole or in part with assistance provided under this Agreement are subject to the federal labor
standards provisions which govern the payment of wages and the ratio of apprentices and trainees
to journeyworkers. Under the terms of the Davis-Bacon Act, as amended, the Subrecipient is
required to pay all laborers and mechanics employed on construction work wages at rates not less
than those prevailing on similar construction in the locality as determined by the Secretary of Labor,
and shall pay overtime compensation in accordance with and subject to the provisions of the
Contract Work Hours and Safety Standards Act (40 USC 327-332), and the Subrecipient shall
comply with all regulations issued pursuant to these Acts and with other applicable Federal laws and
regulations pertaining to labor standards, including the Copeland "Anti-Kickback" Act. Provided
that if wage rates higher than those required under the regulations are imposed by State or Local
laws, nothing hereunder is intended to relieve the Subrecipient of its obligation, if any, to require
payment of the higher rates.
G. Flood Disaster Protection
This Agreement is subject to the requirements of the Flood Disaster Protection Act of 1973 (PL93-
234). Use of any assistance provided under this Agreement for acquisition or construction in an
area. identified as having special flood hazards shall be subject to the mandatory purchase of flood
insurance with the requirements of Section 102(a) of said Act.
H. Clean Air Act and Federal Water Pollution Control Act (Applicable to Contracts and
Subcontracts which exceed $100,000).
TheSubrecipient 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,
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prospective owners, and tenants of properties constructed prior to 1978 be properly notified that
such properties may contain lead-based paint. Such notification shall point out the hazards of lead-
based paint and explain the symptoms, treatment, and precautions that should be taken when
dealing with lead-based paint poisoning.
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K. Special Assessments
Subrecipient will not attempt to recover any capital costs of public improvements assisted 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
104(d) of the Act, and the implementing regulations at 49 CFR 24 and 24 CFR 570.606.
Subrecipient hereby agrees to defend, to pay, and to indemnify the Grantee from and against any
, and all claims and liabilities for relocation benefits or the provision of replacement dwelling units
required by federal statutes and regulations in connection with activities undertaken pursuant to this
Agreement.
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M. Lobbying Restrictions
Subrecipient certifies that, to the best of its knowledge and beiief:
No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person
for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of any Federal Grant, the making
of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement;
If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress,
an officer or employee of Congress, or employee of a Member of Congress, in connection with this
Federal Contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-
LLL, "Disclosure Form to Report Lobbying" in accordance with its instructions; and
It will require that the language of this paragraph 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 representc;1tion of fact upon which reliance was placed when this
transaction .was made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by Section 1352, Title 31 ,United States Code. Any person
who fails to file the required certification shall be subject to a civil penalty of not less than $10,000
and not more than $100,000 for each such failure.
N. Provisions Required by Law Deemed Inserted
Each and every provision of law and clause required by law to be inserted in this Contract shall be
deemed to be inserted herein and the contract shall be read and enforced as though it were
included herein, and if through mistake or otherwise any such provision is not inserted, or is not
correctly inserted, then upon the application of either party the contract shall forthwith be physically
amended to make such insertion or correction.
O. HISTORIC PRESERVATION
If applicable, the Subrecipient agrees to comply with the Historic Preservation requirements set for
in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures
set forth inCFR, Part 800, Advisory Council of Historic preservation Procedures for Protection of
Historic properties, insofar as they apply to the performance of this contract.
In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation
and demolition of historic properties that are fifty years old or older or that are included on a Federal,
State, or local historic property list.
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21. MISCELLANEOUS
A. This Agreement shall be governed by and construed according to the laws of the State
of Georgia.
B. Time shall be of the essence to this Contract, except where it is herein specifically
provided to the contrary. Subrecipient shall provide the scope of services in accordance
with the schedules set forth in Appendix B.
IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first written
above.
ATTEST:
AUGUSTA, GEORGIA
(Grantee)
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. Clerk of Commission
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ATTEST:
AUGUSTA-RICHMOND COUNTY
PLANNING COMMISSION, INC.
(Subrecipient)
SEAL
By:
Paul T. DeCamp
As its Planning Directo
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alnlt ess .
NOTARY PUBLIC
RICHMOND' COUNTY, GEORGIA
COMMISSION EXPIRES ON 05/13/2005
16
APPENDIX A
Project Area
The office facility is located at 525 Telfair Street, Augusta, Georgia.
APPENDIX B
Goals, Objectives, and Tasks
The Subrecipient will carry out the following planning and environmental activities:
ACTIVITY #1 - PLANNING
A. Overall Program Planning to include activities related to planning and policy-planning for the
community development program as a whole to include:
. 1. Periodic updates to the housing and neighborhood development data base.
2. Updating information on the housing stock to track demolition and new construction
activity.
3. Attend public hearings, meetings and workshops related the Community
Development Block Grant Program.
4. Assist with preparation of Year 2003 Consolidated Strategic Plan.
5. Assist with review of Year 2003 proposals.
6. Maintain information that would be of use in determining the need for and
beneficiaries of community development projects including population estimates,
household income levels, employment, floodplain maps, transportation conditions
and improvements, and historic properties districts.
7. Development of additional comprehensive plans for the community development
program as needed.
8. Assist with preparation of competitive proposals.
B. PROJECT PLANNING
1. Develop strategies and action programs to implement plans, including the
development of codes, ordinances and regulations.
2. Develop strategies and action programs to deal with identified economic
development and community development needs, such as the need for affordable
infill housing.
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C. SPECIAL STUDIES
1. Complete functional plans, as needed, in such areas as housing, land use, economic
development, recreation, public facilities, and historic preservation.
2. Complete small area and neighborhood plans:
ACTIVITY #2 - ENVIRONMENTAL REVIEW
A. Environmental Assessment
1. Evaluation of proposed and ongoing community development projects to determine
the level of environmental clearance needed.
2. Prepare environmental assessment for each project.
3. Collect and analyze support documentation for each environmental assessment.
4. Conduct any necessary site visits or field work associated with environmental
assessment.
5. Maintain contact with appropriate federal officials regarding environmental
assessment.
6. Complete required agency-public notice procedures related to the environmental
clearance process.
B. Evaluate the impact of proposed and ongoing community development projects on historic
resources.
1. Evaluate the impact of proposed and on going community development projects on
historic resources.
2. Prepare the required documentation related to the determination of effect.
3. Conduct any necessary site visits or field work associated with historic preservation
review.
4. Collect any needed background information on historic resources impacted by
community development projects.
5. Coordinate preservation review with other environmental assessment activities.
6. Maintain contact with appropriate state and federal officials regarding historic
preservation review.
7. Draft any necessary Memorandum of Agreement.
8. Conduct any required follow-up work to assure compliance with historic preservation
requirements.
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APPENDIX C
Budget
Salary & Indirect Costs
$35,000
APPENDIX D
Reporting Requirements
The Subrecipient shall submit to the Grantee the following reports for the term of this agreement.
1. Quarterly Progress Reports
Due April 15, 2002, July 15, 2002, October 15, 2002 and January 15, 2003.
2. Annual Report - due January 30, 2003
3. Audit Report
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ORIGINAL
CONTRACT BETWEEN AUGUSTA, GEORGIA
AND
LIGHT OF THE WORLD NEIGHBORHOOD AND ECONOMIC DEVELOPMENT,
INC.
YEAR 2002 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
THIS AGREEMENT, made and entered into on this ~ day of ~, 2002, 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 LIGHT OF THE WORLD NEIGHBORHOOD AND ECONOMIC DEVELOPMENT,
INC., (hereInafter referred to as the "Subrecipient").
WHEREAS, the Grantee has received a Community Development Block Grant from the United
States Department of Housing and Urban Development (HUD) under Title I of the Housing and
Community Development Act of 1974, as amended (42 USC 5301 et seq.) (the Act); and
WHEREAS, pursuant to such Grant, the Grantee is undertaking certain programs and services
necessary for the planning, implementation and execution of such a Community Development Block
Grant Program; and
WHEREAS, the Grantee desires to engage the Subrecipient to render certain services, programs,
or assistance in connection with such undertakings of the Community Development Block Grant
Program, situated in the Project Area described in Appendix A.
NOW, THEREFORE, the parties hereto do mutually agree as follows:
1. SCOPE OF SERVICE
The Subrecipient shall perform all the necessary services provided under this Contract in
accordance with and respecting the following project:
"Aragon Park Improvements"
The purpose for the project is to provide a passive park for the residents of the Aragon Park
Neighborhood. The Subrecipient shall do, perform, and carry out, in a satisfactory manner, as
determined by the Grantee, the goals, objectives, and tasks set forth in - Appendix B, and
incorporated herein by reference.
. 2. TERM; TERMINATION
a. The services of the Subrecipient are to commence on May 7, 2002, and 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 April 30, 2003, or until this Agreement is otherwise terminated.
..
b. The parties agree tliat the Grantee may terminate this Contract or any work or
delivery required hereunder, from time to time, either in whole or in part, whenever
the Commission, on recommendation from the Director of the Housing and
Neighborhood Development Department (HND), shall determine that such
termination is in the Grantee's best interest. Termination, in whole or in part, shall
be effected by delivery of a Notice of Termination signed by the Mayor, mailed or
delivered to Subrecipient, and specifically setting forth the. effective date of
termination.
c. Either party may terminate this Contract, without further obligation, for the default
of the other party or its agents or employees with respect to any agreement or
provision contained herein upon 15 days written notice to the other party. All reports
or accountings provided for herein shall be rendered whether or not falling due
within the contract period.
d. Further, the Grantee reserves the right to terminate this contract upon written
notification to the Subrecipient under any of the following conditions:
(1) Notification by HUD to the Grantee that said project is ineligible because of
project location, services provided, or any other reason cited by HUD;
(2) Notification by HUD to the Grantee that said project is deficient and that
continued support of the project is not providing an adequate level of
services to low income and minority people; or
(3) Written notification from HUD to the Grantee that the program funds made
available to the Grantee are being curtailed, withdrawn, or otherwise
restricted.
e. The Grantee also reserves the right to terminate this Contract or to reduce the
contract compensation amount if the Subrecipient:
(1) Fails to file required reports or to meet project progress or completion
deadlines;
(2) Materially fails to comply with any provision of this Agreement (which may
result in suspension or termination in accordance with 24 CFR 85.43 or
OMS Circular A-110.
(3) Expends funds under this Agreement for ineligible activities, services, or
items;
(4) Implements the project prior to notification from the Grantee that the federal
environmental review process has been completed;
(5) Violates Labor Standards requirements; or
(6) Fails to comply with written notice from the Grantee of substandard
performance under the terms of this Agreement.
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3; KEY PERSONNEL
a. Subrecipient shall assign to this Contract the following key personnel:
(1) Loris A.. Green Sr., CEO
(2) Dorothy S. Middleton, Assistant Director
b. During the period of performance, Subrecipient shall make no substitutes of key
personnel unless the substitution is necessitated by illness, death, or termination of
employment. Subrecipient shall notify the Grantee Director of HND within five (5)
calendar days after the occurrence of any of these events and provide the following
information, providing a detailed explanation of the circumstances necessitating the
proposed substitutions, complete resumes for the proposed substitutes, and any
additional information requested by the Grantee's Director of HND. Proposed
substitutes should have comparable qualifications to those of the persons being
replaced. The Grantee's Director of HND will notify the Subrecipient within fifteen
(15) calendar days after receipt of all required information of the decision on
substitutions. This clause will be modified to reflect any approved changes of key
personnel.
4. PERFORMANCE MONITORING
The Grantee will monitor the performance of the Subrecipient against goals and performance
standards required herein. Substandard performance as determined by the Grantee will constitute
non-compliance with this contract. If actions to correct such substandard performance are not
taken by the Subrecipient within 30 days following on-site monitoring by the Grantee, contract
termination procedures will be initiated.
5. INSPECTION AND ACCEPTANCE
All tasks and reports shall be conducted and completed in accordance with recognized and
customarily accepted industry practices, and shall be considered complete when services are
approved as acceptable by the Grantee in writing. In the event of rejection of any tasks, reports,
etc., Subrecipient shall be notified in writing and shall have ten (10) working days from date of
issuance of notification to correct the deficiencies and re-submit acceptable work within said ten-day
period. Failure to submit acceptable work within said ten-day period shall constitute a breach of
this contractfor which the Subrecipient rnay"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 $20,000 for full performance of the services
specified under this Agreement. Any cost above this amount shall be the sole responsibility of the
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Subrecipient. Subrecipient shall submit monthly requests for payments to the Housing and
Neighborhood Development (HND) Department. Compensation shall be allowed on a
reimbursement basis, only after expenditures have been incurred by the Subrecipient and proper
supporting documentation has been submitted in conformity with the approved and executed
budget document which is attached to this Contract as Appendix C, incorporated herein by
reference. In every case, payment will be made subject to receipt of a reimbursement request for
payment from the Subrecipient specifying and certifying that such expenses have been incurred
and expended in conformance with this Contract and that the Subrecipient is entitled to receive the
amount requested under the terms of this Contract. 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.
lh
Requests for payments must be received by Grantee not later than the 15 day of each calendar
month for work performed during the preceding calendar month. The Subrecipient shall not claim
reimbursement from the Grantee for that portion of its obligations which has been paid by another
source of revenue.
The Subrecipient shall notify the Grantee in writing of all authorized personnel who shall be
empowered to file requests for payment pursuant to this Agreement.
8. USE OF FUNDS
Use of funds received pursuant to this Agreement shall be in accordance with the requirements of
the Housing and Community Development Act of 1974 (as amended), 24 CFR Part 570 and other
regulations governing the Community Development Block Grant Program, and any amendments
or policy revisions thereto which shall become effective during the term of this Agreement. A copy
of said regulations is incorporated by reference. Any unused funds remaining at the expiration
of this agreement shall revert to Grantee.
In addition, the Subrecipient agrees to comply with other applicable laws, including the National
Environmental Policy Act of 1969 (and the implementing regulations at 24 CFR 58), the National
Historic Preservation Act of 1966 as amended (16 USC 470), Section 504 of the Rehabilitation Act
of 1973 (29 USC 794) (and the implementing regulations at 24 CFR 8), the Americans with
Disabilities Act of 1990, the Age Discrimination Act of 1975 (42 USC 6101) (and the implementing
regulations at 24 CFR 146), the prohibition against using debarred contractors at 24 CFR 570.609,
and Executive Orders 11063, 11246; 11375, 12086, and 12259.
Further, any funded activity must be designed or so located as to principally benefit lower income
persons, aid in the prevention or elimination of slums or blight, or meet urgent community
development needs, as defined in the program regulations.
Subrecipient agrees to comply with the uniform administrative requirements specified at 24 CFR
570.502 and 24 CFR 570.610, including: .
If the Subrecipient is a government agency, OMB Circular A-87, "Principles for Determining Costs
Applicable to Grants and Contracts with State, Local and Federally-Recognized Indian Tribal
Governments;" OMB Circular A-128, "Audits of State and Local Governments" (implemented at 24
CFR 44); and the sections of 24 CFR 85, "Uniform Administrative Requirements for Grants and
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Cooperative Agreements to State and Local Governments," specified at 24 CFR 570.502{a). If the
Subrecipient is not a government agency, OMS Circular A-122, "Cost Principles for Non-Profit
Organizations," or OMB Circular A-21 , "Cost Principles for Educational Institutions," OMB Circular
A-133, "Audits of Institutions of Higher Education and Other Non-Profit Institutions," as applicable;
and OMS A-110, 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 revert to
the Grantee for use in the Community Development Block Grant Program. Program income is
anticipated to be approximately $0. .
10. REVERSION OF ASSETS
Upon termination of this contract, the Subrecipient shall transfer to the Grantee any CDBG allocated
funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG
funds.
11. INDIRECT COSTS
Indirect costs will only be paid if Subrecipient has a indirect cost allocation plan approved by the
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 outside
. the metropolitan area with funds provided under this Contract. All Federal Travel Regulations are
applicable (41 CFR Part 301).
13. INDEMNIFICATION
Subrecipient agrees to indemnify and hold harmless Grantee from any and all claims in any way
related to or arising out of Subrecipient's performance of its obligations hereunder and/or
Subrecipient's failure to perform its obligations hereunder or related to or arising out of any damage
or injury to property or persons, occurring or allegedly occurring in connection with Subrecipient's
performance or non-performance of its obligations hereunder. No payment, however, final or
otherwise, shall operate to release the Subrecipient from any obligations under this Contract.
14. INSURANCE & BONDING
Subrecipient shall carry sufficient insurance coverage to protect contract assets from loss due to
theft, fraud and/or undue physical damage, and as a minimum shall purchase a blanket fidelity bond
covering all employees in an amount equal to cash advances from the. Grantee. All policies
providing insurance coverage required to be maintained by Subrecipient hereunder shall list
Grantee, The Augusta-Richmond County Commission and its Mayor, and their officers, agents,
5
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.
15. GRANTOR RECOGNITION
Subrecipient shall insure recognition of the role of the grantor agency in providing services through
this contract. All activities, facilities and items utilized pursuant to this contract shall be prominently
labeled as to funding source. In addition, the Subrecipient will include a reference to the support
provided herein all publications made possible with funds made available under this contract.
16. OPEN MEETINGS LAW COMPLIANCE
Subrecipient is subject to the Georgia Open Meetings Law if it receives more than 331/3% 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 meeting and make the same available for
inspections by the press, the public and the Grantee. The press, public and the Grantee shall not
be denied admittance to the Subrecipient's board meetings.
Subrecipient shall provide to the. Grantee a tentative annual schedule of the Board of Directors'
meetings. Publications and minutes of each meeting shall be submitted to Grantee within 30 days
after each meeting.
17. ASSIGNMENT
Without the prior written consent of the Grantee, this Agreement is not assignable by the
Subrecipient, either in whole or in part
18. ENTIRE CONTRACT; ALTERATION
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.
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19. GENERAL TERMS AND CONDITIONS
a. REPORTS
The Subrecipient agrees to submit to Grantee monthly clients' statistical reports, quarterly
progress reports, financial reports and any other reports that may be specified in Appendix
D.
b. CLIENT DATA
Subrecipient agrees to maintain racial, ethnic, gender, head of household, household
income, and household size data showing the extent to which these categories of persons
have participated in, or 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 contract.
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 COSG Program;
(3) Records required to determine the eligibility of activities;
(4) Financial records as required by 24 CFR Part 570.502, and OMS 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 Subrecipientreceives$300,OOO or more in combined federal assistance, it
agrees to obtain an audit conducted ,in accordance with OM B Circular A-133. However, if
an audit is not required, the Subrecipient agrees to provide quarterly financial reports to the
Grantee. If Subrecipient do not prepare financial statements on a monthly or quarterly
basis, a detailed list of cash receipts and disbursements should be submitted to Grantee
quarterly.
d. ACCESS TO RECORDS
The Subrecipient agrees that the Grantee or any authorized representative has access to
and the right to examine all records, books, papers, or documents related to the project.
e. RETENTION
The Subrecipient hereby severally warrants that all project records, books, papers, and
documents will be retained for a period of not less than four (4) years after the termination
of all activities funded under this contract, or after the resolution of all Federal audit findil}gs,
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whichever occurs later and grants the Grantee the optioh 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 Subrecipientwho 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 indemnify the Grantee from and against any and all liability for
. any noncompliance on the part of the Subrecipient.
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k. INDEPENDENT CONTRACTOR
Nothing contained in this Agreement is intended to, or shall be construed in any manner to,
create or establish an employer-employee relationship between the parties, nor shall any
employee of the Subrecipient by virtue of this Contract be an employee of the Grantee for
any purpose whatsoever, nor shall any employee of the Subrecipient be entitled to any of
the rights, privileges, or benefits of Grantee employees. The Subrecipient shall be deemed
at all times an independent contractor and shall be wholly responsible for time, means and
manner for performance of the services required of it by the terms of this Contract. The
Subrecipient assumes exclusively the responsibility for the acts of its employees as they
relate to the services provided during the course and scope of their employment.
I. PROCUREMENT
When procuring property, goods and services under $1 00,000, the Subrecipient shall follow
Augusta-Richmond County's procurement procedures which reflects applicable state and
local laws and regulations. For purchases of $100,000 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 project,
disposition of any equipment or personal property of any kind shall be
determined and approved by the Grantee consistent with provisions of 24
CFR 570.202 and Circular A-11 0, except
(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 CDSG
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 CDSG
funds provided on the original costs of equipment or personal
property.
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(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 Housing and Neighborhood
Development (HND) Department within seven (7) calendar days after
delivery to the Subrecipient of equipment or personal property in
order for HND to effect identification and recording 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 CDSG 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 CDSG funds shall meet the following requirements:
(a) Such real property must be used to meet one of the national objectives in
24 CFR 570.208 for a period of five years immediately following the
expiration of the term of this Agreement; or
(b) If such real property is not used in accordance with subsection (n)(1 )(a),
next above, during the five-year period immediately following the expiration
of the term of this Agreement, the Grantee shall be reimbursed in the
amount of the current fair market value of such real property less any
portion of the value attributable to expenditures of non-CDBG funds for
acquisition, or improvement of such real property~
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(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
purpose at any time during the five-year period immediately following the
expiration of the term of this Agreement, 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 during such five-year period shall
be made at the sole discretion of the Grantee or its designee.
(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 during the
five-year period immediately following the expiration of the term of this
Agreement. The calculation of any funds and/or monies which may be due
hereunder shall be determined solely by the Grantee.
(4) Grant of lien. Prior to disbursement of any amount of funds to the
Subrecipient for 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.
20. OTHER PROVISIONS
a. Equal Employment Opportunity
. The following provisions (1) and (2) are applicable to all contracts and subcontracts;
provisions (3) through (7) are applicable to all non-exempt construction contracts
and subcontracts which exceed $10,000:
(1) The Subrecipient shall not discriminate against any_employee or applicant
for employment because of race, color, creed, religion, sex, age, handicap,
disability, sexual orientation, ancestry, national origin, marital status, familial
status, or any other basis prohibited by applicable law. The Subrecipient
shall take affirmative action to ensure that applicants are employed and that
employees are treated during employment without regard to their race, color,
creed, religion, sex, age, handicap, disability, sexual orientation, 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.
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(2) The Subrecipient will, in all solicitations or advertisements for employees
placed by or on behalf of the Subrecipient, state that all qualified applicants
will receive consideration for employment without regard to race, creed,
religion, sex, age, handicap, disability, sexual orientation, ancestry, national
origin, marital status, or any other basis prohibited by applicable law.
(3) The Subrecipient will send to each labor union or representative of workers
with which it has a collective bargaining agreement or other contract or
understanding, a notice to be provided advising the said labor union or
workers' representatives of the Subrecipient's commitments under this
section, and shall post copies of the notice in conspicuous places available
to employees and applicants for employment.
(4) The Subrecipient will comply with all provisions of Executive Order 11246,
Equal Employment Opportunity, of September 24, 1965, as amended by
Executive Orders 11375, and 12086, copies of which are on file and
available at the Grantee, and of the rules, regulations, and relevant orders
of the Secretary of Labor.
(5) The Subrecipient will furnish all information and reports required by
Executive Orders 11246 of September 24, 1965-, as amended, and by rules,
regulations, and orders of the Secretary of Labor, or pursuant thereto, and
will permit access to: its books, records, and accounts by HUD and the
Secretary of Labor for purposes of investigation to ascertain compliance with
such rules, regulations, and orders.
(6) In the event of the Subrecipient's noncompliance with the nondiscrimination
clauses of this Contract or with any of the said rules, regulations, or orders,
this Contract may be canceled, terminated, or suspended in whole or in part
and the Subrecipient may be declared ineligible for further Government
contracts or federally assisted construction contracts in accordance with
procedures authorized in Executive Order 11246 of September 24, 1965, as
amended, and such other sanctions may be imposed and remedies invoked
as provided in Executive Order 11246 of September 24, 1965, as amended,
or as otherwise provided by law.
(7) The Subrecipient will include the portion of the sentence immediately
preceding paragraph (1) and the provisions of paragraphs (1) through (7) in
every subcontract or purchase order unless exempted by rules, regulations,
or orders of the Secretary of Labor, issued pursuant to Section 204 of
Executive Order 11246 of September 24, 1965, as amended, so that such
provisions will be binding upon each subcontractor or vendor. The
Subrecipient will take such action with respect to any subcontract or
purchase order as HUD may direct as a means of enforcing such provisions,
including sanctions for noncompliance; provided, however, that in the event
a Subrecipient becomes involved in, or is threatened with, litigation with a
subcontractor or vendor as a result of such direction by HUD, the
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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
of1974, and in conformance with Grantee policy and all requirements imposed by
or pursuant to the Regulations of HUD (24 CFR Part 570.601 and 570.602) issued
pursuant to Section 109, no person in the United States shall on the ground of race,
color, creed, religion, sex, age, handicap, disability, sexual orientation, ancestry,
national origin, marital status, familial status, or any other basis prohibited by
applicable law be excluded from participation in, be denied benefits of, or be
subjected to discrimination under any program or activity funded in whole or in part
with Community Development Block Grant Program funds.
Specific (not exclusive) Discriminatory Actions Prohibited:
The Subrecipient may not directly or through contractual or other arrangements, on
the grounds of race, color, creed, religion, sexual orientation, ancestry, national
origin, marital status, familial status, age, handicap, disability, sex or other basis
prohibited by applicable law:
(1) Deny any facilities, services, financial aid, or other benefits provided under
the program or activity.
(2) Provide any facilities, services, financial aid, or other benefits which are
different, or are provided in a different form from that provided to others
under the program or activity. .
(3) Subject to segregated or separate treatment in any facility, or 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
benefits under the program or activity.
(5) Treat an individual differently from others in determining whether the
individual satisfies any admission, enrollment, eligibility, membership, or
other requirement or condition which the individual must meet in order to be
provided any facilities, services, or other benefit provided under the program
or activity.
(6) Deny any person with the legal right to work an opportunity to participate in
a program or activity as an employee.
c. Business and Employment Opportunities for Lower Income Residents, Women-
Owned Business Enterprises, and Minority-Owned Business Enterprises.
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The Subrecipientwill use its best efforts to afford minority and women-owned business enterprises
the maximum practicable opportunity to participate in the performance of this contract. As used in
this contract, the term "minority and female business enterprise," means a business at least fifty-one
(51%) owned and controlled by minority group members or women. For the purpose of this
definition, "minority group members" are African-American, Spanish-speaking, Spanish surnamed
or written representations by Subrecipients regarding their status as minority and female business
enterprises in lieu of an independent investigation.
d. SECTION 3 CLAUSE
The Subrecipient will conform with the rules and regulations set forth under Section 3 of the
Housing and Urban Development Act of 1968, (12 USC 1701u), as amended, and the HUD
regulations issued pursuant thereto at 24 CFR Part 135. This Act requires that, to the greatest
extent feasible, opportunities for training and employment be given to lower income residents of the
project area, and contracts for work in connection with the project be awarded to business concerns
which are located in, or owned in substantial part by persons residing in the area of the project. In
all solicitations for bids the contractor must, before signing the contract, provide a preliminary
statement of the work force needs and plans for possible training and employment of lower income
persons. When a Subrecipient utilizes the bidding procedure to let a bid, the invitation or solicitation
for bids shall advise prospective contractors of the requirements of Section 3 of the Housing and
Urban Development Act of 1968, as amended, and the clause shall be inserted as a component
part of any contract or subcontract.
If a Subrecipient solicits or requests an invitation for bids, every effort feasible will be made to
contact minority-owned and women-owned business enterprises for a response to the solicitation
or invitation for bidders.
e. Nondiscrimination in Federally-Assisted Programs
The Subrecipientwill comply with Title VI of the Civil Rights Act of 1964(PL 88-352, 42USC 2000d
et seq.) and the Fair Housing Act (42 USC 3601-20). In accordance with Grantee Policy and Title
VI of the Civil Rights Act of 1964 (PL 88-352), in the sale, lease or other transfer of land acquired,
leased or improved with assistance provided under this Agreement, the deed or lease for such
transfer shall contain a covenant prohibiting discrimination upon the basis of race, color, creed,
religion, sex, handicap, disability, s~xual orientation, ancestry, national origin, marital status, or
familial status, in the sale, lease, or rental, or in the use or occupancy of such land or any
_ improvements erected or to be erected thereon. The Subrecipient will comply with Title VII of the
Civil Rights Act of 1968 (PL 90-284) as amended and will administer all programs and activities
related to housing and community development in a manner to affirmatively further Fair Housing.
f. Labor Standards
Except with respect to the rehabilitation of residential property designed for residential use for less
than eight households, the Subrecipient and all subcontractors engaged in contracts in excess of
$2,000 for the construction, completion, rehabilitation, or repair of any building or work financed in
whole or in part with assistance provided under this Agreement are subject to the federal labor
standards provisions which govern the payment of wages and the ratio of apprentices and trainees
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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 stanqards, including the Copeland "Anti-Kickback" Act.
Provided that if wage rates higher than those required under the regulations are imposed by State
or Local laws, nothing hereunder is intended to relieve the Subrecipient of its obligation, if any, to
require payment of the higher rates.
g. Flood Disaster Protection
This Agreement is subject to the requirements of the Flood Disaster Protection Act of 1973 (PL93-
234). . Use of any assistance provided under this Agreement for acquisition or construction in an
area identified as having special flood hazards shall be subject to the mandatory purchase of flood
insurance with the requirements of Section 102(a) of said Act.
h. Clean Air Act and Federal Water Pollution Control Act (Applicable to Contracts and
Subcontracts which exceed $100,000).
The Subrecipient shall comply with and require each subcontractor to comply with all applicable
standards.ofthe 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.
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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).
I. 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-displacementand Relocation Assistance Plan." The Subrecipient will conduct any acquisition,
rehabilitation, or demolition, of real property, and any negotiations for acquisition, rehabilitation, or
demolition of real property in compliance with the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970, -as amended, Section 104(d) of the Act, and the implementing
regulations at 49 CFR 24 and 24 CFR 570.606. Unless specifically permitted in Appendix B or
Appendix C, Subrecipient will not cause either temporary or permanent involuntary displacement
of persons or businesses. If Subrecipient causes the involuntary temporary or permanent
displacement of any person or business as a result of Community Development Block Grant
Activities, it shall comply with the Grantee's "Plan to Assist Persons Actually Displaced by
Community Development Block Grant Activities," and Subrecipient shall provide all notices,
advisory assistance, relocation benefits, and replacement dwelling units as required by the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, Section
104(d) of the Act, and the implementing regulations at 49 CFR 24 and 24 CFR 570.606.
Subrecipient hereby agrees to defend, to pay, and to indemnify the Grantee from and against any
and all claims and liabilities for relocation benefits or the provision of replacement dwelling units
required by federal statutes and regulations in connection with activities undertaken pursuant to this
Agreement.
m. Lobbying Restrictions
Subrecipient certifies that, to the best of its knowledge and belief:
No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person
for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of any Federal Grant, the making
of any Federal loan, the entering into of any cooperative agreement, and the extension,
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continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement;
If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress,
an officer or employee of Congress, or employee of a Member of Congress, in connection with this
Federal Contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-
LLL, "Disclosure Form to Report Lobbying" in accordance with its instructions; and
It will require that the language of this paragraph M be included in the award documents for all
subawards at all tiers (including subcontractors, subgrants, and contracts under grants, loans, and
cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this
. transaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by Section 1352, Title 31, United States Code. Any person
who fails to file the required certification shall be subject to a civil penalty of not less than $10,000
and not more than $100,000 for each such failure.
n. Provisions Required by Law Deemed Inserted
Each and every provision of law and clause required by law to be inserted in this Contract shall be
deemed toP be inserted herein and the contract shall be read and enforced as though it were
included herein, and if through mistake or otherwise any such provision is not inserted, or is not
correctly-inserted, then upon the application of either party the contract shall forthwith be physically
amended to make such insertion or correction.
o. HISTORIC PRESERVATION
If applicable, the Subrecipient agrees to comply with the Historic Preservation requirements set for
in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures
set forth in CFR, Part 800, Advisory Council of Historic preservation Procedures for Protection of
Historic properties, insofar as they apply to the performance of this contract.
In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation
and demolition of historic properties that are fifty years old or older or that are included on a
Federal, State, or local historic property list.
21. MISCELLANEOUS
a. This Agreement shall be governed by and construed according to the laws of the
State of Georgia.
b. Time shall be of the essence to this Contract, except where it is herein speCifically
provided to the contrary. Subrecipient shall provide the scope of services in
accordance with the schedule set forth in Appendix B.
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IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first written
above.
ATTEST:
AUGUSTA, GEORGIA
(Grantee)
-,-- ,," - '~~ ,
~ .tI ~~:~Trl1)t""
c. ....."'\ . lj ~
,... \..:. OA..:::.....-.:t.o .v~
- ~-{~.....,~~--:S E A L......." "'-?;
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-::- _- ; .~~ 1/\ ".. < ...".-.~.... .L.~ ~~.
....: . j .... C ").~ ~ ~
~ ~ '~)'j'~---}(~"l
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~BY: ~
Bob ung
As its ayor
,
.. " ~ ;;'7:Cn'a. J:'Bonner
CIerI( of Commission
Lioht of the World Neiohborhood
and Economic Development. Inc.
(Subrecipient)
Iv
~
orporate Secretary
(Plain Witness)
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APPENDIX A
Proiect Area
The project location will be 1874, 1876 Alabama Road and 231 Wise Drive, Augusta, Georgia.
. APPENDIX B
Goals, Obiectives. and Tasks
Light of the World Economic Development, Inc. was organized in 1998 to revitalize the Aragon Park
Neighborhood. It is the intent of the agency to provide food for those in need through the
establishment of a food pantry, provide assistance to high-risk pregnant women, develop housing
for low-income citizens, develop programs to assist low-income persons in purchasing homes, and
to establish transitional and supportive housing for homeless people.
The purpose of this project is to construct a passive park for the residents of Aragon Park
Neighborhood. The park will consist of the construction and installation of a 16' x 24' park shelter,
park benches, trash receptables and grill. The subrecipient and it's volunteers shall be responsible
for all maintenance and clean-up of the park on a weekly basis.
The Housing and Neighborhood Development Department will coordinate the bidding and
construction of park. Total construction costs are estimated to be $20,000. Construction is
scheduled to begin during 2002 and be completed by April 30, 2003. .
APPENDIX C
BudQet
Construction
(Park shelter, picnic tables, park benches, trash receptacle & grill)
$20,000
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APPENDIX D
Reoortinq Requirements
The Subrecipient shall submit to the Grantee the following reports for the term of this agreement.
1. Quarterly Progress Reports
Due July 15. 2002, October 15,2002 and January 15, 2003.
2. Annual Report - January 30, 2003.
3. Audit Report (Due 3.0 days after completion of audit).
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ORIGINAL
CONTRACT BETWEEN AUGUSTA, GEORGIA
AND
SENIOR CITIZENS COUNCIL OF GREATER AUGUSTA
AND THE CSRA, GEORGIA, INC.
FOR
YEAR 2002 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
THIS AGREEMENT, made and entered into on this ~ day of January, 2002, 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 SENIOR CITIZENS COUNCIL OF GREATER AUGUSTA AND THE CSRA,
GEORGIA, INC., (hereinafter referred to as the "Subrecipient").
WHEREAS, the Grantee has received a Community Development Block Grant from the United
States Department of Housing and Urban Development (HUD) under Title I of the Housing and
Community Development Act of 1974, as amended (42 USC 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 Se'RVICE
The Subrecipient shall perform all the necessary services provided under this Contract in
accordance with and respecting the following project:
"Senior Citizens Transportation Services"
The 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 8, and incorporated herein
by reference.
2. TERM; TERMINATION
a. The services of the Subrecipient are to commence on January 1, 2002, and shall
be undertaken. and completed in such sequence as to assure their expeditious
completion in the light of the purposes of this Contract unless so otherwise specified
in the Contract Section 19 (General Terms and Conditions). This Agreement shall
remain in effect until December 31, 2001, or until this Agreement is otherwise
terminated.
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b. The parties agree that the Grantee may terminate this Contract or any work or
delivery required hereunder, from time to time, either in whole or in part, whenever
the Commission, on recommendation from the Director of the Housing and
Neighborhood Development Department (HND), shall determine that such
termination is in the Grantee's best interest. Termination, in whole or in part, shall
be effected by delivery of a Notice of Termination signed by the Mayor, mailed or
delivered to Subrecipient, and specifically setting forth the effective date of
termination.
c. Either party may terminate this Contract, without further obligation, for the default
of the other party or its agents or employees with respect to any agreement or
provision contained herein upon 15 days written notice to the other party. All reports
or accountings provided for herein shall be rendered whether or not falling due
within the contract period.
d. Further, the Grantee reserves the right to terminate this contract upon written
notification to the Subrecipient under any of the following conditions:
(1) Notification by HUD to the Grantee that said project is ineligible because of
project location, services provided, or any other reason cited by HUD;
(2) Notification .by HUD to the Grantee that said project is deficient and that
continued support of the project is not providing an adequate level of
services to low income and minority people; or
(3) Written notification from HUD to the Grantee that the program funds made
available to the Grantee are being curtailed, withdrawn, or otherwise
restricted.
e. The Grantee also reserves the right to terminate this Contract or to reduce the
contract compensation amount if the Subrecipient:
(1) Fails to file required reports or to meet project progress or completion
deadlines;
(2) Materially fails to comply with any provision of this Agreement (which may
result in suspension or termination in accordance with 24 CFR 85.43 or
OMS 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 Grartee that the federal
environmental review process has been completed;
(5) Violates LaborStandards requirements; or
(6) Fails to comply with written notice from the Grantee of substandard
performance under the terms of this Agreement.
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3. KEY PERSONNEL
a. Subrecipient shall assign to this Contract the following key personnel:
b.
(1) Ronald W. Schoeffler, Executive Director ~
6) ResaliAeI Cl:IlBreatR JeRkiR€, TF:1nspsr:tatisR ~9rviC:9i Dir:ectgr. c
B flo~~ ~"t-) C.SI'A Se."..~Dk'~J;. Pv~ ib\~
During the period of performance, Subrecipient shall make no substitutes of key
personnel unless the substitution is necessitated by illness, death, or termination of
employment. Subrecipient shall notify the Grantee Director of HND within five (5)
calendar days after the occurrence of any of these events and provide the following
information, providing a detailed explanation of the circumstances necessitating the
proposed substitutions, complete resumes for the proposed substitutes, and any
additional information requested by the Grantee's Director of HND. Proposed
substitutes should have comparable qualifications to those of the persons being
replaced. The Grantee's Director of HND will notify the Subrecipient within fifteen
(15) calendar days after receipt of all required information of the decision on
substitutions. This clause will be modified to reflect any approved changes .of key
personnel.
4. PERFORMANCE MONITORING
The Grantee will monitor the performance of the Subrecipient against goals and performance
standards required he-rein. Substandard performance as determined by the Grantee will constitute
non-compliance with this contract. If actions to correct such substandard .performance are.not
taken by the Subrecipient within 30 days following on-site monitoring by the Grantee, contract
termination procedures will be initiated.
5. INSPECTION AND ACCEPTANCE.
All tasks and reports shall be conducted and completed in accordance with recognized and
customarily accepted industry practices, and shall be considered complete when services are
approved as acceptable by the Grantee in writing. In the event of rejection of any tasks, reports,
etc., Subrecipient shall be notified in writing and shall have ten (10) working days from date of
issuance of notification to correct the deficiencies and re-submit acceptable work within said ten-day
period. Failure to submit acceptable work within said ten-day period shall constitute a breach of
this contract for which the Subrecipient may be held in default.
6. SEVERABILITY
If any term or condition of this Agreement is found by a court of competent jurisdiction to be void
or invalid, such invalidity shall not affect the remaining terms and conditions of this Agreement,
which shall continue in full force and effect.
7. COMPENSATION
The Subrecipient shall be paid a total consideration of$ 10,000 for full performance of the services
specified under this Agreement. Any cost above this amount shall be the sole responsibility of the
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Subrecipient. Subrecipient shall submit monthly requests for payments to the Housing l;lnd
Neighborhood Development (HND) Department. Compensation shall be allowed on a
reimbursement basis, only after expenditures have been incurred by the Subrecipient and proper
supporting documentation has been submitted in conformity with the approved and executed
budget document which is attached to this Contract as Appendix C, incorporated herein by
reference. In every case, payment will be made subject to receipt of a reimbursement request for
payment from the Subrecipient specifying and certifying that such expenses have been incurred
and expended in conformance with this Contract and that the Subrecipient is entitled to receive the
amount requested under the terms of this Contract. 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.
lh
Requests for payments must be received by Grantee not later than the 15 day of each calendar
month for work performed during the preceding calendar month. The Subrecipient shall not claim
reimburse.ment from the Grantee for that portion of its obligations which has been paid by another
source of revenue.
The Subrecipient shall notify the Grantee in writing of all authorized personnel .who shall be
empowered to file requests for payment pursuant to this Agreement.
8. USE OF FUNDS
Use of funds received pursuant to this Agreement shall be in accordance with the.requirements of
the Housing and Community Development Act of 1974 (as amended), 24 CFR Part .570 and other
regulations governing the Community Development Block Grant Program, and any amendments
or policy revisions thereto which. shall become effective during the term of this Agreement. A copy
of said regulations is incorporated by reference. Any unused funds remaining at the expiration
of this agreement shall revert to Grantee.
In addition, the Subrecipient agrees to comply with other applicable laws, including the National
Environmental Policy Act of 1969 (and the implementing regulations at 24 CFR 58), the National
Historic Preservation Act of 1966 as amended (16USC 470), Section 504 of the Rehabilitation Act
of 1973 (29 USC 794) (and the implementing regulations at 24 CFR 8), the Americans with
Disabilities Act of 1990, the Age Discrimination ACt of 1975 (42 USC 6101) (and-the implementing
regulations at 24 CFR 146), the prohibition against using debarred contractors at 24 CFR 570.609,
and Executive Orders 11063, 11246, 11375, 12086, and 12259.
Further, any funded activity must be designed or so located as to principally benefit. lower income
persons, aid in the prevention or elimination of slums or blight, or meet urgent community
development needs, as 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:
If the Subrecipient is a government agency, OMB Circular A-87, "Principles for Determining Costs
Applicable to Grants and Contracts with State, Local and Federally-Recognized Indian Tribal
Governments;" OMB Circular A-128, "Audits of State and Local Governments" (implemented at 24
CFR 44); and the sections of 24 CFR 85, "Uniform Administrative Requirements for Grants and
4
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Cooperative Agreements to State and Local Governments," specified at 24 CFR 570.502(a). If the
Subrecipient is not a government agency, OMB Circular A-122, "Cost Principles for Non-Profit
Organizations," or OMB Circular A..21; "Cost Principles for Educational Institutions," as applicable;
and OMB A-11 0, 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 revert to
the Grantee for use in the Community Development Block Grant Program. Program income is
anticipated to be approximately $0.
.10. REVERSION OF ASSETS
Upon termination of this contract, the Subrecipient shall transfer to the Grantee any CDBG allocated
funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG
funds.
In addition, any equipment or real property under the Subrecipient's control acquired or improved
in whole or in part with CDBG funds (including funds provided to the Subrecipient in the form of a
. :.' loan) in excess of $25,000 will be used to meet one of the national objectives. in 9570.208 until
five years after expiration of this Contract,or for such longer period of time as determined to be
. appropriate by the Grantee.
..11. INDIRECT COSTS
Indirect costs will only be paid if Subrecipient has a indirect cost allocation plan approved by the
" ..: 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 outside
the metropolitan area with funds provided under this Contract. All Federal Travel Regulations are
applicable (41 CFR Part 301).
13. INDEMNIFICATION
Subrecipient agrees to. indemnify and hold harmless Grantee from any and all claims in any way
related to or arising out of Subrecipient's performance of its obligations hereunder and/or
. Subrecipient's failure to perform its obligations hereunder or related to or arising out of any .damage
or injury to property or persons,. occurring or allegedly occurring in connection with Subrecipient's
performance or non-performance of its obligations hereunder. No payment, however, final or
otherwise, shall operate to release theSubrecipient from any obligations under this Contract.
5
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14. INSURANCE & BONDING
Subrecipient shall carry sufficient insurance coverage to protect contract assets from loss due to
theft, fraud and/or undue physical damage, and as a minimum shall purchase a blanket fidelity bond
covering all employees in an amount equal to cash advances from the Grantee. All policies
providing insurance coverage required to be maintained by Subrecipient hereunder shall list
Grantee, The Augusta-Richmond County Commission and its Mayor, and their officers, agents,
members, employees and successors as named insureds, as their interests may appear, and shall
be issued by an insurance carrier or carriers licensed to do business in the State of Georgia and
reasonably acceptable to Grantee. All such policies shall provide that no act or omission of Grantee
or its agents, servants, or employees shall in any way invalidate any insurance coverage for the
other named insureds. No insurance policy providing any insurance coverage required to be
provided by Subrecipient hereunder shall be cancelable without at least 15 days advance written
notice to Grantee. All insurance policies required hereunder, or copies thereof, shall be provided
to Grantee by Subrecipient.
15. GRANTOR RECOGNITION
Subrecipient shall insure recognition of the role of the grantor agency in providing services through
this contract. All activities, facilities and items utilized pursuant to this contract shall be prominently
labeled as to. funding source. In addition, the Subrecipient will include a reference.to the support
provided herein all publications made possible with funds made available under this contract.
16.. . - OPEN MEETINGS LAW COMPLIANCE
Subrecipient is subject to the Georgia Open Meetings Law if it receives more than. 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 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 th_e Subrecipient's board meetings.
Subrecipient shall provide to the Grantee a tentative annual schedule of the Board of Directors'
meetings. Publications and minutes of each meeting shall be submitted to Grantee within 30 days
after. each meeting.
17. ASSIGNMENT
Without the prior written consent of the Grantee, this Agreement is not assignable by the
Subrecipient, either in whole or in pan.
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 agreement shall be allowed during the program year.
6
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19. GENERAL TERMS AND CONDITIONS
a. REPORTS
The Subrecipient agrees to submit to Grantee monthly ciiemts' statistical reports, quarterly
progress reports, financial reports and any other reports that may be specified in Appendix
D.
b. CLIENT DATA
Subrecipient agrees to maintain racial, ethnic, gender, head of household, household
income, and household size data showing the extent to which these categories of persons
have participated in, or benefited from the project, and to submit this information to the
Grantee by January 30, 2003.
c. RECORDS TO BE MAINTAINED
Subrecipient shall maintain all records required by the federal regulations specified in 24
CFR Part 570.506, and that are pertinent to the activities to be funded under this contract.
Such records shall include but are not limited to the items listed below: .
(1) Records providing a full description of each activity undertaken;
(2) Records demonstrating that each activity undertaken meets one of the
National Objectives of the CDSG 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 $300,000 or more in combined federal assistance, it
agrees to obtain an audit conducted in accordance with OMB Circular A-133. However, if
an audit is not required, the Subrecipient agrees to provide quarterly financial reports to the
Grantee. If Subrecipient do not prepare financial statements on a monthly or quarterly
basis, a detailed list of cash receipts and disbursements should be submitted to Grantee
quarterly.
d. ACCESS TO RECORDS
The Subrecipient agrees that the Grantee or any authorized representative has access to
and the right to examine all records, books, papers, or documents related to the project.
e. RETENTION
The Subrecipient hereby severally warrants that all project records, books, papers, and
documents will be retained for a period of not less than four (4) years after the termination
7
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of all activities funded under this contract, or after the resolution of all Federal audit findings,
whichever occurs later and grants the Grantee the option of retention of the project records,
books, papers, and documents. The retention period shall start from the date of submission
of the Grantee's annual performance report, as prescribed in 24 CFR 91.520, in which the
specific activity is reported on for the final time rather than from the date of submission of
the final expenditure report for the award.
f. PERMITS
The Subrecipient agrees to obtain all necessary permits for intended improvements or
activities.
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.
L AUTHORIZATION TO EXECUTE AGREEMENT
The undersigned person signing asan 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 alJ state and local
laws requiring physical and program accessibility to people with disabilities, and agrees to
defend, hold harmless, and indemnify the Grantee from and against any and all liability for
any noncompliance on the part of the Subrecipient.
8
k. INDEPENDENT CONTRACTOR
Nothing contained in this Agreement is intended to, or shall be construed in any manner to,
create or establish an employer-employee relationship between the parties, nor shall any
employee of the Subrecipient by virtue of this Contract be an employee of the Grantee for
any purpose whatsoever, nor shall any employee of the Subrecipient be entitled to any of
the rights, privileges, or benefits of Grantee employees. The Subrecipient shall be deemed
at all times an independent contractor and shall be wholly responsible for time, means and
manner for performance of the services required of it by the terms of this Contract. The
Subrecipient assumes exclusively the responsibility for the acts of its employees as.they
relate to the services provided during the course and scope of their employment.
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. The Subrecipient shall consult Grantee on any procurement to assure conformance
with applicable laws, regulations and standards.
20.' OTHER PROVISIONS.
a. . Equal Employment Opportunity
, .
The following provisions (1) and (2) are applicable to all contracts and subcontracts;
provisions (3) through (7) are applicable to all non-exempt construction contracts
and subcontracts which exceed $10,000:
(1) The Subrecipient shall not discriminate against any employee or applicant
for employment because of race, color, creed, religion, sex, age, handicap,
disability, sexual orientation, ancestry, national origin, marital status, familial
status, or any other basis prohibited by applicable law. The Subrecipient
shall take affirmative action to ensure that applicants are employed and that
employees are treated during employment without regard to their race, color,
creed, religion, sex, age, handicap, disability, sexual orientation, ancestry,
or national origin. Such action shall include, but not be limited to the
following: employment, upgrading, demotion or transfer, recruitment or
recruitment advertising, layoff or termination, rates of payor other forms of
compensation, and selection for training including apprenticeship. The
Subrecipient agrees to. post in conspicuous places, available to employees
and applicants for employment, notices to be provided setting forth the
provisions of this nondiscrimination clause.
(2) The Subrecipient will, in all solicitations or advertisements for employees
placed by or on behalf of the Subrecipient, state that all qualified applicants
will receive consideration for employment without regard to race, creed,
religion, sex, age, handicap, disability, sexual orientation, ancestry, national
origin, marital status, or any other basis prohibited by applicable law.
9
(3) The Subrecipient will send to each labor union or representative of workers
with which it has a collective bargaining agreement or other contract or
understanding, a notice to be provided advising the said labor union or
workers' representatives of the Subrecipient's commitments under this
section, and shall post copies of the notice in conspicuous places available
to employees and applicants for employment.
(4) The Subrecipient will comply with all provisions of Executive Order'11246,
Equal Employment Opportunity, of September 24, 1965, as amended by
Executive Orders 11375, and 12086, copies of which are on file and
available at the Grantee, and of the rules, regulations, and relevant orders
of the Secretary of Labor.
(5) The Subrecipient will furnish all information and reports required by
Executive Orders 11246 of September 24, 1965, as amended, and by rules,
regulations, and orders of the Secretary of Labor, or pursuant thereto, and.
will permit access to its books, records, and accounts by HUD and the
Secretary of Labor for purposes of investigation to ascertain compliance with
such rules, regulations, and orders.
(6) In the event of the Subrecipient's noncompliance with the nondiscrimination
clauses of this Contract or with any of the said rules, regulations, or orders,
this Contract may be canceled, terminated, or suspended in whole or in part .
and the Subrecipient may be declared ineligible for further Government .
contracts or federally assisted construction contracts in accordance with ..
procedures authorized in Executive Order 11246 of September 24, 1965, as
amended, and such other sanctions may be imposed and remedies invoked
as provided in Executive Order 11246 of September 24, 1965, as amended,
oras 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 subcontractor purchase order unless exempted by rules, regulations,
or orders of the Secretary of. Labor, issued pursuant to Section 204 of
Executive Order 11246 of September 24, 1965, as amended, so that such
provisions will be binding upon each subcontractor or vendor. The
Subrecipient will take such action with respect to any subcontract or
purchase order as HUD may direct as a means of enforcing such provisions,
including sanctions for noncompliance; provided, however, that in the event
a Subrecipient becomes involved in, or is threatened with, litigation with a
subcontractor or vendor as a result of such direction by HUD, the
Subrecipient may request the United States to enter into such litigation to
protect the interests of the United States.
b. Equal Opportunity in Participation
Under the terms of Section 109 of the Housing and Community Development Act
of 1974, and in conformance with Grantee policy and all requirements imposed by
or pursuant to the Regulations of HUD (24 CFR Part 570.601 and 570.602) issued
10
pursuant to Section 109, no person in the United States shall on the ground of race,
color, creed, religion, sex, age, handicap, disability, sexual orientation, ancestry,
national origin, marital status, familial status, or any other basis prohibited by
applicable law be excluded from participation in, be denied benefits of, or be
subjected to discrimination under any program or activity funded in whole or in part
with Community Development Block Grant Program funds.
Specific (not exclusive) Discriminatory Actions Prohibited:
The Subrecipient may not directly or through contractual or other arrangements, on
the grounds of race, color, creed, religion, sexual orientation, ancestry, national
origin, marital status, familial status, age, handicap, disability, sex or other basis
prohibited by applicable law:
(1) Deny any facilities, services, financial aid, or other benefits provided under
the program or activity.
(2) Provide any facilities, services, financial aid, or other benefits which are
different, or are provided in a different form from that provided to others
under the program or activity.
(3) Subject to segregated or separate treatment in any facilify, 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, of the enjoyment of any advantage or privilege
enjoyed by others in connection with facilities, services, financial aid or other
benefits under the program or activity.
(5) Treat an individual differently from others in determining whether the
individual-satisfies any admission,..enrollment, eligibility, membership, or
other requirementor 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 an opportunity to participate in
a program or activity as an employee.
c. Business and Employment Opportunities for Lower Income Residents, Women-
Owned Business Enterprises, and Minority-Owned Business Enterprises.
The Subrecipient will use its best efforts to afford minority and women-owned business enterprises
the maximum practicable opp()rtunity to participate in the performance of this contract. As used in
this contract, the term "minority and female business enterprise," means a business at least fifty-one
(51%) 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.
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d. SECTION 3 CLAUSE
The Subrecipient will conform with the rules and regulations set forth under Section 3 of the
Housing and Urban Development Act of 1968, (12 USC 1701u), as amended, and the HUD
regulations issued pursuant thereto at 24 CFR Part 135. This Act requires that, to the greatest
extent feasible, opportunities for training and employment be given to lower income residents of the
project area, and contracts for work in connection with the project be awarded to business concerns
which are located in, or owned in substantial part by persons residing in the area of the project. In
all solicitations for bids the contractor must, before signing the contract, provide a preliminary
statement of the work force needs and plans for possible training and employment of lower income
persons. When a Subrecipient utilizes the bidding procedure to let a bid, the invitation or solicitation
for bids shall advise prospective contractors of the requirements of Section 3 of the Housing and
Urban Development Act of 1968, as amended, and the clause shall be inserted as a component
part of any contract or subcontract.
If a Subrecipient solicits or requests an invitation for bids, every effort feasible will be made to
contact minority-owned and women-owned business enterprises for a response to the solicitation
or invitation for bidders.
e. Nondiscrimination in Federally-Assisted Programs
The Subrecipient will comply with Title VI of the Civil Rights Act of 1964 (PL 88-352, 42USC 2000d
et seq.) and the Fair Housing Act (42 USC 3601-20). In accordance with Grantee Policy and Title
VI of the Civil Rights Act of 1964 (PL 88-352), in the sale, lease or other transfer of land acquired,
leased or improved with assistance provided under this Agreement, the deed or lease for such
transfer shall contain a covenant prohibiting discrimination upon the basis of race, color, creed,
religion, sex, handicap, disability, sexual orientation, ancestry, national origin, . marital status, or
familial status, in the sale, lease,or rental, or in the use or occupancy of .such land or any .
improvements erected or to be erected thereon. The Subrecipient will comply with Title VII of the
Civil Rights Act of 1968 (PL 90-284) as amended and will administer all programs and activities
related to housing and community development in a manner to affirmatively further Fair Housing.
f. Labor Standards .
Except with respect to the rehabilitation of residential property designed for residential use for less
than eight households, the Subrecipient and all subcontractors engaged in contracts in excess of
$2,000 for the construction, completion, rehabilitation, or repair of any building or work 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.
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g. Flood Disaster Protection
This Agreement is subject to the requirements of the Flood Disaster Protection Act of 1973 (PL93-
234). Use of any assistance provided under this Agreement for acquisition or construction in an
area identified as having special flood hazards shall be subject to the mandatory purchase of flood
insurance with the requirements of Section 102(a) of said Act.
h. Clean Air Act and Federal Water Pollution Control Act (Applicable to Contracts and
Subcontracts which exceed $100,000).
The Subrecipient shall comply with and require each subcontractor to comply with all applicable
,standards of the Clean Air Act of 1970 (42 USC 1857 et seq.), as amended, the Clean Air Act of
1990, the Federal Water Pollution Control Act (33 USC 1251 et seq.), as amended, and the
regulations of the Environmental Protection Agency with respect thereto, at 40 CFR Part 15, as
amended from time to time.
i. Provisions of the Hatch Act
Neither the Subrecipient program nor the funds provided therefor, nor the personnel employed in
the administration of the program shall be in any way or to any extent engaged in the conduct of
political activities in contravention of Chapter 15 of Title 5. United States Code.
j. Lead-Based Paint
Any grants or. loans made by theSubrecipient 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 1978beproperly notified that
such properties may contain lead-based paint. Such notification shall point out the hazards of lead-
based paint and explain the symptoms, treatment, and precautions that should be. taken when
dealing with lead-based paint poisoning.
k. Special Assessments
Subrecipient will not attempt to recover any capital costs of public improvements assisted in whole
or in part with funds provided under Section 106 of the Act or with amounts resulting from a
guarantee under Section 108 of the Act by assessing any amount against properties owned and
occupied by persons of low and moderate income, including any fee charged or assessment made
as a condition of obtaining access to.such public improvements, unless: (1) funds received under
Section 106 of the Act are used to pay the proportion of such fees or assessment that relates to the
capital costs of such public improvements that are financed from revenue sources other than under
Title I of the Act, or (2) for purposes of assessing any amount against properties owned and
occupied by persons of moderate income, the grantee certifies to the Secretary of HUD that it lacks
sufficient funds received under Section 106 of the Act to comply with the requirements of
subparagraph (1).
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I. Acquisition, Rehabilitation, and Demolition of Real Property and Displacement of
Persons and Businesses
Subrecipient will comply with the "Grantee's Community Development Block Grant Program Plan
for Minimizing the Displacement of Persons as a result of Community Development Block Grant
Funded Activities" and the Grantee's Community Development Block Grant Program Residential
Anti-displacement and Relocation Assistance Plan." The Subrecipient will conduct any acquisition,
rehabilitation, or demolition, of real property, and any negotiations for acquisition, rehabilitation, or
demolition of real property in compliance with the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970, as amended, Section 104(d) of the Act, and the implementing
regulations at 49 CFR 24 and 24 CFR 570.606. Unless specifically permitted in Appendix B or
Appendix C, Subrecipient will not cause either temporary or permanent involuntary displacement
of persons or businesses. If Subrecipient causes the involuntary temporary or permanent
displacement of any person or business as a result of Community Development Block Grant
Activities, .it shall comply with the -Grantee's "Plan to Assist Persons. Actually Displaced.by
Community Development Block Grant Activities," and Subrecipient shall provide all notices,
advisory assistance, relocation benefits, and replacement dwelling units as required by the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, Section
104(d) of the Act, and the implementing regulations at 49 CFR 24 and 24 CFR 570.606.
Subrecipient hereby agrees to defend, to pay, and to indemnify the Grantee from and against any
and .all claims and liabilities for relocation benefits or the provision of replacement dwelling units
required by federal statutes and regulations in connection with activities undertaken pursuant to this
Agreement.
m. Lobbying Restrictions
- Subrecipient certifies that, to the best of its knowledge and belief:
No Federal appropriated funds have been paid or will be paid, by or on behalf of it to any person
for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee. of Congress, or an employee of a Member .of Congress in
connection with the awarding of any Federal contract, the making of any Federal.Grant, .the making
of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement;
If any funds other than Federal. appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress,
an officer or employee of Congress, or employee of a Member of Congress, in connection with this
Federal Contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-
LLL, "Disclosure Form to Report Lobbying" in accordance with its instructions; and
It will require that the language of this paragraph M be included in the award documents for all
subawards at all tiers (including subcontractors, subgrants, and contracts under grants, loans, and
cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by Sectjon 1352, Title 31, United States Code. Any person
14
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who fails to file the required certification shall be subject to a civil penalty of not less than $10,000
and not more than $100,000 for each such failure.
n. Provisions Required by Law Deemed Inserted
Each and every provision of law and clause required by law to be inserted in this Contract shall be
deemed to be inserted herein and the contract shall be read and enforced as though it were
included herein, and if through mistake or otherwise any such provision is not inserted, or is not
correctly inserted, then upon the application of either party the contract shall forthwith be physically
amended to make such insertion or correction.
o. HISTORIC PRESERVATION
Ifapplicable, the Subrecipient agrees to comply with the Historic Preservation requirements set for
inthe National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures
set forth in CFR, Part 800, Advisory Council of Historic preservation Procedures for Protection of
Historic properties, insofar as they apply to the performance of this contract.
In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation
and demolition of historic properties that are fifty years old or older or that are included on a .
Federal,. State, or local historic property list.
21. MISCELLANEOUS
a. This Agreement shall be governed by and construed according to the laws of the
State of Georgia. .
b. Time shall be of the essence to this Contract, except where it is herein specifically
provided to the contrary. Subrecipient shall provide the scope of services in
accordance with the schedule set forth in Appendix B.
15
~
IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first written
above. .
"- '-
. ~:T""" '
,,"" ~\...: - 'l{'rr;
"';;.. S.E~A~t.~"O~ ~-'lJ
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~... ,....'\l'.f~ ...~. " L
: /7"": '.~ r7 .....~
ATTEST:
"'-'..,~ Le __.-Bon'!er
'~ -CI~S~~f\ommission
ATTEST:
SENIOR CITIZENS COUNCIL OF GREATER AUGUSTA
:S EAL
. By:
AND THE cSRA, GEORGIA, INC.
~;u~,~
/ Ronald W. Schoeffler
As its Executive Director
--
~~~~~\~~A
Hester S. Bliven
As its Corporate Secretary
Attbv~ A ~A~"
(Plain Witness)'
/
: ~.-/./
16
APPENDIX A
Project Area
The main office of the agency is . located at 535 15th Street, Augusta, Georgia. Seniors will be
transported to the following facilities:
Savannah Senior Center, 1014 Eleventh Street, Augusta, Georgia
Bell Terrace Senior Center, 2456 Golden Camp Road, Augusta, Georgia
McBean Senior Center, Mike Padgett Highway, McBean, Georgia
Hephzibah/Blythe Senior Center, 368 Windsor Spring Road, Hephzibah, Georgia
APPENDIX B
Goals, Objectives, and Tasks
Senior Citizens Transportation Services will provide transportation for elderly. persons over the age
of 80 years old at their Savannah Place, Belle Terrace, McBean and Hephzibah and Blythe senior
centers. At the centers, seniors will be provided meals and an opportunity to participate in activities
at the centers. Also, trans.portation services will include delivery of meals to homebound seniors
who are physically unable to travel to the centers on a daily basis.
For Belle Terrace Senior Center - This center operates 250 days per year (five days per week)
serving 45 Congregate Meals participants and 40 Home-Delivered Meals participants. One van will
operate 8 hours per day to transport seniors to the Center to eat noonday meals and to. participate
in activities.
For Hephzibah/Blythe & McBean Senior Centers - Two vans will operate 5 hours per day each to
transport seniors to the Centers to eat noonday meals and to participate in activities. 35
Congregate Meals and 30 Home-Delivered Meals are served. The Hephzibah/Blythe Senior Center
is open 4 days per week and the McBean Senior Center is open five days per week.
For Savannah Place Senior Center - One van will operate 5 hours per serving day to transport
seniors to the Center to eat noonday meals and to participate in activities. ' 35 Congregate Meals
and 15 Home-Delivered meals are se.rved 250 days per year (five days per week)
Community Development Block Grant funds will used for gasoline only.
The Subrecipient shall maintain monthly mileage/gas log, monthly trip/participants for each van.
Files for each person assisted shall be maintained to include income data and verification,
application for services, record of services provided and documentation of costs for which
assistance is provided, if any.
17
'.
APPENDIX C
Budget
Gasoline
$10,000.00
$10,000.00
TOTAL
APPENDIX D
Reporting Requirements
The Subrecipient shall submit to the Grantee the following reports for the term of this agreement.
1. Monthly Statistical Reports -:- Due each month by the 15th for the previous month.
2. Quarterly Progress Reports
Due April 15, 2002, July 15, 2002, October 15, 2002 and January 15, 2003.
3. Annual Report
4. Audit Report (Due 30 days after completion of audit).
ATTACHMENT #1
Regulations, Circulars & Local Procurement Policy
1. Community Development Block Grant Entitlement Program 24 CFR 570
2. OMB Circular A-122
"Cost Principles for Non-Profit Organizations"
3. OMB Circular A-11 0
"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
.1 nstitutions"
5. Augusta-Richmond County Procurement Policy
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I' 1#,
ATTACHMENT #2
Forms
Reimbursement Request
Monthly Statistical Report
Quarterly Report
Annual Report
Mileage/gas log
Travel Log
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