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HomeMy WebLinkAboutKIDS RESTART YR 2009 (CDBG) PROGRAM ORIGINAL AGREEMENT BETWEEN AUGUSTA, GEORGIA AND KIDS RESTART, INC. FOR YEAR 2009 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM This Agreement is made and entered into this 1st day of January, 2009, 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 KIDS RESTART, INC. (hereinafter referred to as the "Subrecipienttt). . WHEREAS, the Grantee has applied for and received funds from the United States Government under Title I of the Housing and Community Development Act of 1974, as amended (HCD Act), Public Law 93- 383; and WHEREAS, the Grantee wishes to engage the Subrecipient to assist the Grantee in utilizing such funds; NOW, THEREFORE, it is agreed between the parties hereto as follows: ARTICLE I. DEFINITIONS AND IDENTIFICATIONS Unless the context otherwise requires, the capitalized terms used herein and not otherwise defined shall have the meaning assigned to them in this Article!. Community Development Block Grant (CDBG) Program or "Program" The term "Community Development Block Grant (CDBG) Program," or "Program" shall mean that program administered by the Housing and Community Development Department of the City and funded by a Community Development Block Grant applied for by the City and awarded by HUD as authorized pursuant to Title 1 of the Housing and Community Development Act of 1974, Public Law 93-383, as amended. Department The term "Department" shall mean the Housing and Community Development Department of the City. Grantee The term "Grantee" shall mean the City as Grantee of a Community Development Block Grant awarded by HUD. City The term "City" shall mean Augusta, Georgia. HUD The term "HUD" shall mean the U. S. Department of Housing and Urban Development. Project The term "Project" shall mean the project or projects set forth in Article III hereto entitled "Scope of Services and Timetable." Low- and Moderate-Income Household The term "Low and Moderate Income Household" shall mean a household having an income equal to or less than the Section 8 low-income limit established by HUD. Low- and Moderate-Income Person The term "Low- and Moderate-Income Person" shall mean a member of a family having an income equal to or less than the Section 8 low-income limit established by HUD (80% of Area Median Income). Unrelated individuals will be considered as one-person families for this purpose. Household Household means all the persons who occupy a housing unit. The occupants may be a single family, one person living alone, two or more families living together, or any other related or unrelated person who share living arrangements. ARTICLE II: PREAMBLE In order to establish the background, context and frame of reference for this Agreement and to manifest the objectives and the intentions of the respective parties herein, the following statements, representations and explanations are set forth. Such statements, representations and explanations shall be accepted as predicates for the undertakings and commitments included within the provisions, which follow, and may be relied upon by the parties as essential elements of the mutual considerations upon which this Agreement is based. 1. Title I of the Housing and Community Development Act of 1974, P. L. 93-383 (hereinafter the "Act") consolidated several existing programs for community development into a single program of Community Development Block Grants (hereinafter "CDBGtt) for the purpose of allowing local discretion for the determination of needs and priorities of community development. The citizens of Augusta through citizen participation workshops, the Mayor, and Commission determined the needs and priorities of community development in the City. 2. Pursuant to HUD regulations at 24 CFR 570.200 (a), certain projects were included in City's CDBG submission to HUD, referred to as the Annual Plan. The City determined that the projects included in the Annual Plan each addressed one or more of the following three national objectives: (a) Activities benefiting low- and moderate-income persons; (b) Activities which aid in the prevention or elimination of slum and/or blight; and/or, (c) Activities designed to meet community development needs having a particular urgency. The City has determined that the Project is a CDBG eligible activity as it addresses one or more of these objectives. 3. Under the Rules and Regulations of HUD, the City is administrator for the Program, and is mandated to comply with various statutes, rules and regulations of the United States, as they pertain to the allocation and expenditure of funds as well as protecting the interest of certain classes of individuals who reside in the City of Augusta. 4. The Grantee is desirous of disbursing the funds to the Subrecipient for use in the Project. However, as administrator for the Program, the Grantee desires to obtain the assurance from the Subrecipient that it will comply with all applicable statutes, rules and regulations of the United States, the State of Georgia, and/or the City relating to the Project and the Program, as a condition precedent to the release of such funds to the Subrecipient. 2 ARTICLE III: PROJECT The Grantee agrees to reimburse the Subrecipient in an amount not to exceed Twentv-Three Thousand dollars ($23.000) (hereinafter the "Grant") to implementthe following project(s): Kids Restart Visitation and Parenting Program Subrecipient will provide tuition assistance and/or scholarships to low-income families for visitations, parenting classes, and transportation services. Said project is more fully set forth in Exhibit "A" attached hereto and made a part hereof. ARTICLE IV: NOTICES Subrecipient and the Grantee agree that all notices fequifed by this Agfeement shall be in writing and delivered via mail (postage prepaid), commercial courief, Of personal delivefY or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery Of sending. All notices and othef written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. Communication and details concerning this Agfeement shall be directed to the following Agfeement repfesentatives: Grantee: Augusta, Geofgia Attention: David S. Copenhavef, Mayor 530 Greene Street, 8th Floor Augusta, Georgia 30901 With copy to: Housing and Community Development Department Attention: Chestef A. Wheeler, III, Director 925 Laney-Walker Boulevard Augusta, Geofgia 30901 If to Subfecipient: Kids Restart, Inc. Attention: Daniela Whitaker, Progfam Directof 303 Hale Street Augusta, Georgia 30901 ARTICLE V: GENERAL CONDITIONS A. General Compliance The Subfecipient agfees to comply with the requifements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations conceming Community Development Block Gfants (CDBG)) including subpart K of these regulations, except that (1) the Subrecipient does not assume the Grantee's environmental responsibilities and (2) the Subrecipient does not assume the Grantee's responsibility for initiating the review process. The Subrecipient also agrees to comply with all othef applicable Federal, state and local laws, regulations, and policies governing the funds provided undef this Agreement. The Subrecipient furthef agrees to utilize funds available under this Agfeement to supplement father than supplant funds otherwise available. B. Independent Contractof Nothing contained in this Agreement is intended to, or shall be construed in any mannef, as creating Of establishing the relationship of employer/employee between the parties. The Subrecipient shall at 3 all times remain an "Independent Contractor" with respect to the services to be performed under this Agreement. The Grantee shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation Insurance, as the Subrecipient is an Independent Contractor. C. Hold Harmless The Subrecipient shall hold harmless, defend and indemnify the Grantee from any and all claims, actions, suits, chafges and judgments whatsoever that arise out of the Subrecipient's performance or nonperformance of the services or subject matter called for in this Agreement. D. Workers' Compensation The Subrecipient shall provide Workers' Compensation Insurance covefage fOf all of its employees involved in the performance of this Agreement. E. Insurance & Bondinq The Subrecipient shall cafry 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 reimbursements/advances from the Grantee. The Subrecipient shall comply with the bonding and insurance requirements of 24 CFR 84.31 and 84.48, Bonding and Insurance. F. Gfantee's Recoqnition The Subrecipient shall insure fecognition ofthe role of the Gfantee in providing services through this Agreement. All activities, facilities and items utilized pursuant to this Agreement shall be prominently labeled as to funding source. In addition, the Subrecipient will include a reference to the support provided herein in all publications made possible with funds made available undef this Agreement. G. Amendments 1. The Grantee or Subfecipient may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the Gfantee's governing body. Such amendments shall not invalidate this Agreement, nor felieve Of release the Grantee or Subfecipient from its obligations undef this Agfeement. 2. It is further understood that the Grantee is fesponsible to HUD for the administration of funds and may consider and act upon reprogramming recommendations as proposed by its Subrecipient. In the event that the Grantee approves any modification, amendment, or alteration to the funding allocation, the Subfecipient shall be notified pursuant to Article V and such notification shall constitute an official amendment to this Agreement. 3. It is further agreed that the Subrecipient will submit to the Grantee within thirty (30) days of the completion of each Project a complete financial accounting of all its project activities. 4. The Department's Directof shall be authorized to approve line item changes tq the Subrecipient's budget as long as such changes do not increase in the grant amount set forth in the "Budgef'. 5. The Grantee may, in its discfetion, amend this Agreement to conform with Federal, state or local governmental guidelines, policies and available funding amounts, Of for other feasons. If such 4 amendments fesult in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both the Grantee and Subrecipient. 6. It is further understood that the Subrecipient shall be allowed only one amendment to this agreement. No amendment will be granted to extend the agreement beyond the established end of grant period. H. Suspension or Tefmination 1. In accordance with 24 CFR 85.43, the Grantee may suspend Of terminate this Agreement if the Subrecipient materially fails to comply with any terms of this Agreement, which include , but are not limited to the following: (a) Failure to comply with any of the rules, regulations Of provisions referred to herein,. or such statutes, regulations, executive ofders, and HUD guidelines, policies or directives as may become applicable at any time; (b) Failure, for any reason, of the Subrecipient to fulfill in a timely and propef mannef its obligations under this Agreement; (c) Ineffective or impropef use of funds provided undef this Agfeement; Of (d) Submission by the Subfecipient to the Grantee reports that are incofrect or incomplete in any material respect. . 2. In accordance with 24 CFR 85.44, this Agreement may also be terminated for convenience by either the Grantee or the Subrecipient, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if in the case of a partial termination, the Grantee determines that the femaining portion of the award will not accomplish the purpose fOf which the award was made, the Grantee may terminate the award in its entifety. ARTICLE VI: ADMINISTRATIVE REQUIREMENTS A. Financial Manaqement 1. Accountinq Standafds The Subrecipient agrees to comply with 24 CFR 84.21-28 and agrees to adhere to the accounting principles and procedures fequired therein, utilize adequate internal controls, and maintain necessary source documentation fOf all costs incurred. 2. Cost Principles The Subrecipient shall administer its program in conformance with OMB Circulars A-122, "Cost Principles fOf Non-Profit Organizations," or A-21 , "Cost Principles fOf Educational Institutions," as applicable. These principles shall be applied fOf all costs incurred whether charged on a direct or indifect basis. (a) Subrecipient gives the Grantee, HUD, and the Comptroller General, through any authorized representatives, access to and the right to examine all recofds, books, papers, Of documents relating to the Project. (b) Subrecipient agfees to maintain books, recofds, and documents in accordance with genefal accepted accounting procedures and practices that sufficiently and propefly reflects all expenditufes of Grant funds provided by the Grantee undef this Agreement. 5 (c) All Grant funds disbursed through a Community Development Block Gfantshall be used only for eligible activities specifically outlined in this Agreement. The Subrecipient shall comply with any conditions and timetables set forth in this Agreement. In the event the Subrecipient does not comply with the conditions and timetables, or if the Subrecipient ceases to exist or pfovide the services fOf which the Grant was made, the Subrecipient will not carry out anothef CDBG eligible project, the Subrecipient shall be in default. In the event of default, the Grantee may exercise any rights Of remedies provided in this Agfeement. B. Documentation and Recordkeepinq 1. Records to be Maintained The Subfecipient shall maintain all records required by the Federal regulations specified in 24 CFR 570.506, which are pertinent to the activities to be funded under this Agreement. Such fecords shall include but not be limited to: a. Records providing a full description of each activity undertaken; b. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program; c. Records required to determine the eligibility of activities; d. Records required to document the acquisition, improvement, use or disposition of real property acquifed or improved with CDBG assistance; e. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program; f. Financial records as required by 24 CFR 570.502, and 24 CFR 84.21-28; and other records necessary to document compliance with Subpart K of 24 CFR Part 570. 2. Retention The Subrecipient shall retain all financial fecofds, supporting documents, statistical records, and all othef records pertinent to the Agreement for a period of five (5) years. The retention period begins on the date of the submission of the Grantee's annual performance and evaluation report to HUD in which the activities assisted under the Agreement are reported on for the final time. Notwithstanding the above, if there is litigation, claims, audits, negotiations Of other' actions that involve any of the records cited that have started before the expiration of the five-yeaf period, then such records must be retained until completion of the actions and resolution of all issues, or the expiration of the five-yeaf period, whichever occurs later. 3. Client Data The Subrecipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to, client name, address, income level or othef basis fOf determining eligibility, and description of service provided. Such infofmation shall be made available to Grantee monitors or their designees for review upon request. 4. Disclosure The Subrecipient understands that client information collected under this Agreement is private and the use or disclosufe of such information, when not directly connected with the administration of the Grantee's Of Subrecipient's responsibilities with respect to services provided undef this 6 Agreement, is prohibited by unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian. 5. Close-outs The Subrecipient's obligation to the Gfantee shall not end until all closeout requirements are completed. Activities dUfing this closeout period shall include, but are not limited to: making final payments and disposing of program assets. Not withstanding the fOfegoing, the terms, of this Agreement shall remain in effect during any period that the Subrecipient has control over CDBG funds, including progfam income. Any Grant funds remaining at the end of the Agfeement period shall be retumed to the Grantee, and the Gfantee may in its discretion fepfogfam the funds to another CDBG eligible project. 6. Audits & Inspections All Subfecipient records with fespect to any mattefs covered by this Agfeement shall be made available to the Grantee, HUD, and the Comptroller Genefal of the United States Of al)Y of their authorized fepresentatives, at any time during nOfmal business hours, as often as deemed necessary, to audit, examine, and make excefpts or transcripts of all relevant data. Any deficiencies noted in audit feports must be fully cleared by the Subfecipient within 30 days after feceipt by the Subrecipient. Failufe of the Subrecipient to comply with the above audit requirements will constitute a violation of this Agfeement and may fesult in the withholding of future payments. The Subrecipient hereby agrees to have an annual agency audit conducted in accordance with current Gfantee policy concerning Subrecipient audits and OMB Circulaf A-133. C. Reportinq and Payment Procedures 1. Proqram Income The Subrecipient shall feport "monthly" all program income [as defined at 24 CFR 570.500(a)] generated by activities carried out with CDBG funds made available under this Agfeement. The use of progfam income by the Subfecipient shall comply with the requifements set for:th at 24 CFR 570.504. By way of further limitations, the Subrecipient may use such income during the Agreement period for activities permitted under this Agreement and shall reduce requests for additional funds by the amount of any such program income balances on hand. All unexpended program income shall be returned to the Grantee at the end of the Agreement period. Any interest earned on cash advances from the U.S. Treasury and from funds held in a revolving fund account is not program income and shall be remitted promptly to the Grantee. Program income anticipated to be genefated ffom the use of CDBG funds for this project is approximately $0. 2. Indirect Costs If indifect costs are charged, the Subrecipient will develop an indirect cost allocation plan for determining the appropriate Subrecipient's share of administrative costs and shall submit such plan to the Grantee for approval, in a form specified by the Grantee. 7 3. InvoicinQ and Payment Procedures 1) In order to obtain reimbufsement from the Grantee in connection with the Project, Subrecipient shall provide the following information: a. Subrecipient shall submit Monthly Progfess Reports for the Project in the form attached hereto as Exhibit "E" detailing accomplishments fOf the report pefiod and the number of participants broken down by face, sex and female head of household. In addition, for each Program participant, the Subrecipient shall complete a Participant Income Eligibility Form in the form attached hereto as Exhibit "0" and shall submit such forms with its Monthly Progress Report. The Monthly Pfogfess Report and Participant Income Eligibility Form must accompany all requests fOf payment until all funds have been expended. In the event that all funds are expended prior to the expiration of the agreement period, reports must continue to be submitted throughout the twelve month pefiod. b. The Subrecipient shall submit time sheets as backup documentation for salary reimbursement. In addition, the Subfecipient shall submit mileage, if applicable. c. Request fOf feimbursement by Subrecipient shall be accompanied by invoices, cancelled checks, receipts or other documentation evidencing funds expended by Subrecipient. d. The Grantee agrees to reimburse costs allowable under Fedefal, State and Local guidelines. 2) Upon receiving the invoices, reports and other matefial, the Department shall audit such documentation to detefmine whethef the items invoiced are eligible for reimbursement under applicable Federal, State and local laws and fegulations. 3) The Department shall authorize the Grantee's Financial Officer to reimburse the Subfecipient for all costs it determines are eligible fOf feimbufsement, pursuant to the audit. Payments. will be made on a monthly basis with a 30-day turnaround period by Gfantee. Requests for payments must be feceived by Grantee not later than the 15th day of each calendar month for work performed during the preceding calendaf month. The Subfecipient shall not claim reimbufsement from the Gfantee for that portion of its obligations which has been paid by anothef SOUfce of revenue. 4) The Grantee will pay to the Subrecipient funds available undef this Agreement based upon information submitted by the Subfecipient and consistent with any approved budget and the Grantee policy concerning payments. The Grantee feserves the right to liquidate funds available undef this Agfeement fOf costs incurred by the Grantee on behalf of the Subrecipient. 4. ProQress Reports The Subrecipient shall submit Monthly Progress Reports to the Grantee in the form (Exhibit E) as required by the Grantee. Progress reports shall be submitted by the 15th day of each month fOf prior month activities. 8 5. Annual Reports The Subrecipient shall submit an Annual Performance Report to the Grantee in the form (Exhibit F) , content as required by the Grantee. The Annual Perfofmance Report shall be submitted to Grantee by January 15 following the year of the grant period. D. Procurement 1. Compliance The Subrecipient shall comply with CUfrent Gfantee policy concerning the purchase of equipment and shall maintain inventory records of all non-expendable personal property as defined by such policy as may be procured with funds provided herein. Personal property means property of any kind except feal property. All program assets (unexpended program income and/or property) shall revert to the Gfantee upon termination of this Agreement. a. All procufement transactions regardless of whether negotiated or advertised and without regard to dollar value, shall be conducted in a manner so as to provide maximum open free competition consistent with the Cost Pfinciples for Non-Profit Ofganizations, OMB Circular A-11 0 "Procurement Standards." b. Subrecipient shall make positive efforts to utilize small business and minority owned business sources, as well as women-owned businesses, for supplies and services. 2. OMB Standards Unless specified otherwise within this agfeement, the Subrecipient shall procure all materials, property, or services in accordance with the requirements of 24 CFR 84.40-48. 3. Travel The Subrecipient shall obtain written approval from the Grantee for any travel outside the metropolitan area with funds provided under this Agreement. E. Use and Reversion of Assets The use and disposition of real property and equipment under this Agreement shall be in compliance with the requifements of 24 CFR Part 84 and 24 CFR 570.502, 570.503, and 570.504, as applicable, which include but are not limited to the following: 1. The Subrecipient shall transfer to the Gfantee any CDBG funds on hand and any accounts receivable attributable to the use of funds undef this Agreement at the time of expifation, cancellation, or termination. 2. Real property undef the Subrecipient's control that was acquired or improved, in whole Of in part, with funds under this Agreement in excess of $25,000. shall be used to meet one of the CDBG National Objectives pursuant to 24 CFR 570.208 until five (5) years after expiration of this Agfeement Of such longer period of time as the Grantee deems appropriate. 3. If the Subrecipient fails to use CDBG-assisted real property in a manner that meets a CDBG National Objective fOf the prescribed period of time, the Subrecipient shall pay the Grantee an amount equal to the current fair market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of, Of improvement to, the property. Such payment shall constitute program income to the Grantee. The Subrecipient 9 may fetain real property acquired or improved under this Agfeement after the expiration of the five-year period or such longer period of time as the Grantee deems appropriate. 4. In all cases in which equipment acquired, in whole or in part, with funds under this Agreement is sold, the proceeds shall be program income (prorated to reflect the extent to that funds received under this Agreement wefe used to acquire the equipment). Equipment not needed by the Subrecipient for activities under this Agreement shall be: a. Transferred to the Grantee fOf the CDBG program, or b. Retained after compensating the Grantee for an amount equal to the current faif market. ARTICLE VII: RELOCATION REAL PROPERTY ACQUISITION AND ONE-FOR-ONE HOUSING REPLACEMENT The Subrecipient agrees to comply with (a) the Unifofm Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA), and implementing regulations at 49 CFR Part 24 and 24 CFR 570.606(b); (b) the requirements of 24 CFR 570.606(c) governing the Residential Anti- displacement and Relocation Assistance Plan under section 104(d) of the HCD Act; and (c) the requirements in 24 CFR 570.606(d) governing optional relocation policies. [Th~ Gfantee may preempt the optional policies.] The Subrecipient shall provide felocation assistance to displaced persons as defined by 24 CFR 570.606(b)(2) that are displaced as a direct result of acquisition, fehabilitation, demolition Of conversion fOf a CDBG-assisted project. The Subrecipient also agrees to comply with applicable Grantee ordinances, resolutions and policies concerning the displacement of persons from their residences. ARTICLE VIII: PERSONNEL & PARTICIPANT CONDITIONS A. Civil Riqhts 1. Compliance a. The Subrecipient agrees to comply with Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of '1968 as amended, Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and Executive Ordef 11246 as amended by Executive Orders 11375,11478, 12107 and 12086. b. In compliance with Executive Order 11246 and Section 3 of the 1968 Housing and Urban Development Act regarding Equal Employment Opportunity, the Subrecipient agfees and understands that no pefson shall be discriminated against on the grounds of face, color, national origin, age, familial status, handicap or sex. Furthef aSSUfance is also given that the Subrecipient will immediately take any measures necessafY to effectuate this policy. Notice of the policy will be placed in plain sight at the Project location, fOf the benefit of intefested parties, and all subcontractors will be notified of the policy provisions. 2. Nondiscrimination The Subrecipient agrees to comply with the non-discrimination in employment and Contracting opportunities laws, fegulations, and executive orders referenced in 24 CFR 570.607, as fevised by Executive Ofder 13279. The applicable non-discrimination provisions in Section 109 of the HCDA are still applicable. 10 3. Land Covenants This Agreement is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P. L. 88-352) and 24 CFR 570.601 and 570.602. In regard to the sale, lease, or other transfer of land acquired, cleared or improved with assistance provided under this Agreement, the Subfecipient shall cause or require a covenant running with the land to be inserted in the deed or lease for such tfansfef, prohibiting discrimination as herein defined, in the sale, lease or rental, or in the use Of occupancy of such land, or in any improvements erected or to be erected thereon, providing that the Grantee and the United States are beneficiaries of and entitled to enfofce such covenants. The Subrecipient, in undertaking its obligation to cafry out the program assisted hereundef, agrees to take such measures as afe necessary to enforce such covenant, and will not itself so discriminate. 4. Section 504 The Subrecipient agrees to comply with all Fedefal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), which prohibits discrimination against the individuals with disabilities or handicaps in any Federally assisted program. The Grantee shall provide the Subrecipient with any guidelines necessary for compliance with that portion of the regulations in force during the term of this Agfeement B. Affirmative Action 1. Approved Plan The Subrecipient agrees that it shall be committed to carry out pUfsuant to the Grantee's specifications an Affirmative Action Program in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. The Grantee shall provide Affirmative Action guidelines to the Subfecipient to assist in the formulation of such program. The Subrecipient shall submit a plan for an Affirmative Action Program for apPfoval priof to the award of funds. 2. Women- and Minoritv-Owned Businesses (W/MBE) (24 CFR 570.610 & Part 84 applies) The Subrecipient will use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum pfacticable opportunity to participate in the performance of this Agreement. As used in this Agreement, the terms "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business enterprise" means a business at least fifty-one (51) percent owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are Afro-Americans, Spanish- speaking, Spanish surnamed or Spanish-heritage Americans, Asian-Americans, and American Indians. The Subrecipient may rely on written representations by businesses fegarding their status as minority and female business enterprises in lieu of an independent investigation. 3. Access to Recofds The Subrecipient shall furnish and cause each of its own Subrecipients Of subcontractors to furnish all information and reports fequired hereunder and will pefmit access to its books, records and. accounts by the Grantee, HUD or its agent, or other authorized Federal officials for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. 11 4. Notifications The Subrecipient will send to each labof union or representative of workers with which it has a collective bargaining agreement or other Agreement or understanding, a notice, to be provided by the agency Agreementing officer, advising the labor union or worker's fepresentative of the Subrecipient's commitments hefeunder, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 5. Equal Employment Opportunity and Affirmative Action (EEO/AA) Statement The Subrecipient will, in all solicitations Of advertisements fOf employees placed by or on behalf of the Subrecipient; state that it is an Equal Opportunity or Affirmative Action employer. 6. Subcontract Provisions The Subrecipient will include the provisions of Paragraphs VIII. A, Civil Rights, and B, Affirmative Action, in every subcontract or purchase ordef, specifically or by reference, so that such provisions will be binding upon each of its own Subrecipients or subcontractors. C. Employment Restrictions 1. Prohibited Activity The Subrecipient is prohibited from using funds provided herein Of personnel employed in the administration of the program for: political activities; inherently religious activities; lobbying; political patronage; and nepotism activities. 2. Labor Standards The Subrecipient agfees to comply with the requirements of the Secretary of Labof in accordance with the Davis-Bacon Act as amended, the provisions of Contract Work Hours and Safety Standards Act (40 U.S.C. 327et seq.) and all othef applicable Federal, state and local laws and regulations pertaining to labof standards insofar as those acts apply to the performance of this Agreement The Subrecipient agrees to comply with the Copeland Anti-Kick Back Act (18 U.S. C. 874 et seq.) and its implementing regulations of the U.S. Department of Labor at 29 CFR Part 5. The Subrecipient shall maintain documentation that demonstrates compliance with hOUf and wage requirements of this part Such documentation shall be made available to the Grantee fOf review upon request The Subrecipient agfees tha~ except with respect to the rehabilitation or construction of residential property containing less than eight (8) units, all Contractors engaged under Agreements in excess of $2,000.00 fof construction, renovation or repair work financed in whole Of in part with assistance provided under this Agreemen~ shall comply with Federal requirements adopted by the Grantee pertaining to such Agreements and with applicable requirements of the regulations of the Department of Labor, undef 29 CFR Parts 1, 3, 5 and 7 goveming the payment of wages and ratio of apprentices and trainees to joumey workers; provided tha~ if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve the Subrecipient of its obligation, if any, to require payment of the highef wage. The Subrecipient shall cause or fequire to be inserted in full, in all such Agreements subject to such regulations, provisions meeting the requirements of this paragraph. 3. "Section 3" Clause a. Compliance Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder priOf to the execution of this Agreemen~ shall be a condition of the Federal financial assistance provided under this Agreement and binding upon the Grantee, the Subrecipient and any of the Subrecipienfs subrecipients and 12 subcontractors. Failure to fulfill these requirements shall subject the Grantee, the Subrecipient and any of the Subrecipienfs subrecipients and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. The Subrecipient certifies and agrees that no Contractual or othef disability exists that would prevent compliance with these requirements. The Subrecipient furthef agrees to comply with these "Section 3" requirements and to include the following , language in all subcontracts executed under this Agreement ' "The work to be performed under this Agreement is a project assisted undef a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low- and very low-income residents of the project area, and that Agreements fof work in connection with the project be awarded to business concems that provide economic opportunities for low- and very low-income persons residing in the metropolitan area in which the project is located." The Subfecipient further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project are given to low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to low- and very low-income persons within the service area of the project Of the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs and award Agreements for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project to business concems that provide economic opportunities for low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priofity should be given to business concems that provide economic opportunities to low- and very low-income residents within the service area or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD progfams. The Subrecipient certifies and agfees that no Contractual or other legal incapacity exists that would prevent compliance with these fequirements. b. Notifications The Subrecipient agrees to send to each labof organization Of representative of workers with which it has a collective bargaining agreement or other Agreement or understanding, if any, a notice advising said labor organization or worker's fepresentative of its commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. c. Subcontracts The Subrecipient will include this Section 3 clause in every subcontract and will take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the grantor agency. The Subrecipient will not subcontract with any entity where it has notice or knowledge that the latter has been found in violation of regulations undef 24 CFR Part 135 and will not let any subcontract unless the entity has first provided ~ with a preliminary statement of ability to comply with the fequirements of these regulations. 13 i. Conduct 1. Assiqnabilitv The Subrecipient shall not assign or transfer any interest in this Agreement without the prior written consent of the Grantee thereto; provided, however, that claims for money due or to become due to the Subrecipient from the Grantee under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfef shall be fumished promptly to the Grantee. 2. Subcontracts a. Approvals The Subfecipient shall not enter into any subcontracts with any agency Of individual in the performance of this Agfeement without the written consent of the Grantee prior to the execution of such agreement b. Monitorinq The Subrecipient will monitof all subcontracted services on a regular basis to assure Agreement compliance. Results of monitoring efforts shall be summarized in written feports and supported with documented evidence of follow-up actions taken to correct areas of noncompliance. c. Content The Subrecipient shall cause all of the provisions of this Agreement in its entirety to be included in and made a part of any subcontract executed in the performance of this Agreement d. Selection Process The Subrecipient shall undertake to insure that all subcontract slet in the performance of this Agreement shall be awarded on a faif and open competition basis in accordance with applicable procurement requirements. Executed copies of all subcontracts shall be forwarded to the Grantee along with documentation concerning the selection process. 3. Hatch Act The Subrecipient agrees that no funds provided, nOf pefsonnel employed under this Agreement, shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 ofTitle V of the U.S.C. 4. Conflict of Interest The Subfecipient agrees to abide by the provisions of 24 CFR 84.42 and 570.611, which include (but are not limited to) the following: ; a. The Subrecipient shall maintain a written code Of standafds of conduct that shall govem the performance of its officers, employees or agents engaged in the award and administration of Agreements supported by Federal funds. . b. No employee, officer or agent of the Subrecipient shall participate in the selection, or in the award, or administration of, a Agreement supported by Federal funds if a conflict of interest, feal Of apparent, would be involved. C. No covered persons who exefcise Of have exercised any functions or responsibilities 14 with respect to CDBG-assisted activities, or who are in a position to participate. in a decision-making process or gain inside information with fegard to such activities, may obtain a financial interest in any Agreement, or have a financial interest in any contract, subcontract, or agreement with respect to the CDBG-assisted activity, or with respect to the proceeds from the CDBG-assisted activity, either for themselves or those with whom they have business or immediate family ties, dUfing theif tenure or fOf a pefiod of one (1) year thereafter. For pUfposes of this paragraph, a "covered person" includes any person who is an employee, agent, consultant, officef, or elected Of appointed official ofthe Grantee, the Subfecipient, or any designated public agency. 5. Lobbyinq The Subrecipient hereby certifies that: a. No Federal appropriated funds have been paid or will be paid, by Of on behalf of it, to any person for influencing or attempting to influence an officef or employee of any agency, a Member of Congress, an officer Of employee of Congress, or an employee of a Membef of Congress in connection with the awarding of any Federal Agreement, the making of any Fedefal gfant, the making of any Fedefal loan, the entefing into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal Agfeernent, grant, loan, Of cooperative agfeement; b. If any funds othef than Federal appropriated funds have been paid Of will be paid to any person fOf influencing or attempting to influence an officer Of employee of any agency, a Member of Congress, an officef or employee of Congress, Of an employee of a Membef of Congress in connection with this Federal Agreement, grant, loan, Of coopefative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and c. It will require that the language of paragfaph (d) of this certification be included in the award documents for all subawards at all tiers (including subcontfacts, subgrants, and Agfeements under grants, loans, and coopefative agreements) and that all Subrecipients shall certify and disclose accordingly. d. Lobbyinq Certification 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 fOf making or entering into this transaction imposed by section 1352, title 31, U.S.C. 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 fOf each such failure. 6. Copyriqht If this Agreement results in any copyrightable material Of inventions, the Grantee and/of grantor agency reserves the right to royalty-free, non-exclusive and irrevocable license to reproduce, publish or otherwise use and to authofize others to use, the work or materials for governmental purposes. 7. Reliqious Activities The Subrecipient agrees that funds provided under this Agfeement will not be utilized for inherently religious activities prohibited by 24 CFR 570.2000), such as worship, religious instruction, or proselytization. 15 ARTICLE IX: ENVIRONMENTAL CONDITIONS A. Air and Water The Subrecipient agrees to comply with the following requirements insofaf as they apply to the performance of this Agreement: Clean Aif Act, 42 U.S.C., 7401, et seq.; Federal Water Pollution Control Act, as amended, 33 U.S.C., 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 114 and Section 308, and all fegulations and guidelines issued thereundef; Environmental Protection Agency (EPA) regulations pursuant to 40 CFR Part 50, as amended. B. Flood Disaster Protection In accordance with the requifements of the Flood Disastef Protection Act of 1973 (42 U.S.C. 4001), the Subrecipient shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance undef the National Flood Insurance Program is obtained and maintained as a condition of financial assistance fOf acquisition or construction purposes (including rehabilitation). C. Lead-Based Paint The Subrecipient agrees that any construction Of rehabilitation of fesidential structures with assistance provided under this Agfeement shall be subject to HUD Lead-Based Paint Regulations at 24 CFR 570.608, and 24 CFR Part 35, Subpart B. Such regulations pertain to all CDBG-assisted housing and require that all owners, prospective owners and tenants of properties constructed priof to 1978 be properly notified that such properties may include 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 and the advisability and availability of blood lead level screening fOf children under seven. The notice should also point out that if lead-based paint is found on the property, abatement measures may be undertaken. The regulations further requife that, depending on the amount of Federal funds applied to a property, paint testing, risk assessment, treatment and/or abatement may be conducted. D. Historic Preservation The Subrecipient agrees to comply with the Historic Pfeservation fequirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures fOf Protection of Historic Properties, insofaf as they apply to the performance of this agreement. In general, this requires concurfence from the State HistOfic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or oldefor that are included on a Federal, state, or local historic property list. 16 ARTICLE X: SEVERABILITY If any provision of this Agfeement is held invalid, the femaindef of the Agfeement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect. ARTICLE XI: SECTION HEADINGS AND SUBHEADINGS The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agfeement. ARTICLE XII: WAIVER The Gfantee's failure to act with respect to a bfeach by the Subfecipient does not waive its right to act with fespect to subsequent or similar breaches. The failure of the Grantee to exercise or enforce any right or provision shall not constitute a waivef of such right Of provision. ARTICLE XIII: ENTIRE AGREEMENT This agreement constitutes the entire agfeement between the Grantee and the Subrecipient fOf the use of funds received under this Agreement and it supersedes all pfior or contemporaneous communications and proposals, whethef electronic, oral, or written between the Grantee and the Subrecipient with respect to this Agreement. 17 SIGNATURE PAGE ATTEST: IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above. SEAL 1ft. Lena J. . er".,o"" f h;;j' ,j Clerk of com~~)s'9ii ~ ..... ~: ~ e' i /l1~ ,," ~ (;::~ 'r ,,~ ." ~ ,~. (~"";'" ~~ ",-c., _ '~~ (,~" 'X; ;~:,:_~:,~:.:',:~:,.'.;:.'" /\'rTES'f: SEAL 18 AUGUSTA, GEORGIA (Gfantee) By: ~~~ Fredefick L. Russell ~7;ffitor~ Chestef A. Wheeler, III Directof AHCDD KIDS RESTART. INC. BY: Jrt~. ~.,~ -IJ~ Jane Anderson-Wiley As its President EXHIBIT "A" SCOPE OF SERVICES AND TIMETABLE The Subrecipient will be responsible for administering the Kids Restart Visitation and Parenting Services Program in a manner satisfactory to the Grantee and consistent with any standafds fequired as a condition of providing these funds. The Subfecipient works with the Augusta Judicial Court and the Department of Family and Children Services (DFACS) to provide mentoring and parenting classes for fostef children. Referrals are provided by DFACS and the Subrecipient coordinates the scheduling of visitation and parenting sessions with the biological pafents and foster parents. The Subfecipient progfam includes the following activities eligible undef the Community Development Block Gfant Program: I. SCOPE OF SERVICES A. Activities 1. Parenting Classes - The purpose of the pafenting classes is to teach biological parents of foster children parenting skills to enable them to be more responsible pafents. 2. Parent/Child Visitation - The center provides set-aside time for the biological pafents and the childfen to re-unite and spend quality time together. Program DelivefY. Subrecipient will provide the above activities which include parenting classes, divorce and co-parenting seminars and assessment services. Classes will be held Monday, 10:30 am - 5:30 pm; Tuesday, 10:30 am - 6:00 pm; Wednesday, 10:30 am - 7:00 pm; Thursday, 12:30 pm - 6:00 pm; Fridays and Saturdays are scheduled as needed. Tfansportation services will be provided by Kids Restart staff fOf the childfen who attend the supervised visits at the Kids Restart facility located at 303 Hale Street, Augusta, GA. CDBG funds will be used to subsidize program costs associated with providing classes to low and moderate income persons through activity scholarship assistance. 30 scholarships will be provided. General Administration The Board of Directors manages the Subrecipient, Daniela Whitaker, Progfam Director, manages the agency's finance and program activities. B. National Obiectives The Subrecipient certifies that the activity cafried out undef this Agfeement will meet the National Objective: Benefit low-and modefate-income persons. This activity is a limited clientele activity. Subrecipient will provide tuition scholarships fOf Kids Restart Visitation and Parenting Services for. low income families. The client files will be documented as LMI pefsons. 19 C. LEVELS OF ACCOMPLISHMENT - Goals and Performance Measures The Subrecipient agrees to provide the following levels of program services: Activit Kids Restart Visitation and Parentin Services Units er Month 30 Adults 25 Children Total UnitslYeaf 30 Families D. StaffinQ Daniela Whitater, Progfam Director, responsible for operation of program activities - 32 hours per week Martina Higgins - Kids Stuff Difectof, responsible for managing and facilitating all progfam activities - 32 hours per week Ifis Maddocks - Program Specialist, fesponsible for administrative duties for the program - 32 hours per week E. Performance MonitofinQ The Subrecipient agrees that the Department may carry out periodic monitoring activities as determined necessafY by the Department. At a minimum, monitofing shall occur annually, and it may OCCUf more frequently if the Department deems it necessary. The Department will provide the Subrecipient with advance notice in writing prior to any monitoring activities. Such monitoring shall consist of evaluating the Subrecipient's compliance with the terms and conditions of this Agfeement, and comparing the Subfecipient's projected Pfoject schedule, budget and output with its actual performance. Upon request, the Subrecipient shall furnish the Department, the Gfantee, Of its designee copies of such records and infofmation as the Department or the Gfantee deems necessary. In addition, the Subfecipient shall submit monthly pfogress reports as required by this Agfeement, and shall prepare such other reports as may be fequired by the Department, the Grantee and/of HUD. The Gfantee will monitor the performance of the Subrecipient against goals and performance standafds as stated above. Substandard perfofmance as determined by the Grantee will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the Subrecipient within a reasonable period of time after being notified by the Grantee, Agfeement suspension or termination procedures will be initiated. II. TIME OF PERFORMANCE Services of the Subrecipient shall start on January 1, 2009 and end on December 31, 2009. The tefm of this Agreement and the provisions herein shall be extended to cover any additional time period during which the Subrecipient remains in control of CDBG funds Of othef CDBG assets, including program income. III. BUDGET Li1e Item Amount $ 12,000 $ 2,000 $ 4,000 $ 5,000 $ 23,000 n 20 Any amendments to the budget must be in writing and approved by the Grantee's Director of Housing and Community Development Department. IV. PAYMENT It is expressly agfeed and undefstood that the total amount to be paid by the Gfantee under this Agreement shall not exceed $23.000 ($18.000 allocated from 2009 funds and $5.000 allocated from 2006 and 2007 funds). Dfaw downs fOf the payment of eligible expenses shall be made against the line item budgets specified in Paragraph III herein and in accordance with performance. Expenses for general administration shall also be paid against the line item budgets specified in Paragfaph III and in accordance with performance. Payments may be contingent upon certification of the Subrecipient's financial management system in accordance with the standards specified in 24 CFR 84.21. Subrecipient is also fesponsible for submitting to the Grantee, monthly progress reports, time sheets (if applicable), mileage (if applicable), invoices and any othef documentation deemed necessary by the monitofing official during the funding cycle. These fecords shall be retained up to five (5) yeafs aftef the Agreement expires. EXHIBIT liB" PROGRAM REQUIREMENTS Subrecipient shall operate this project funded through the City's Community Development Block Grant Program accofding to the following guidelines: 1. Accounting and related records of Subrecipient shall comprise the following as a minimum: a. Voucher System - All supporting documentation, such as purchase order, invoices, receiving feports and fequisitions. b. Books of Original Entry - Cash receipts and disbursements journal, general ledger. c. Chart of Accounts - Listing of accounts must be maintained in the accounting system. d. Personnel Records - Separate personnel file shall be maintained fOf each project employee. As a minimum, the file shall contain a resume of the employee, a description of duties assigned, and a record of the date employed, rate of pay at the time of employment, subsequent pay adjustments, and documentation supporting leave taken by the employee. e. Attendance Recofd - Attendance records shall be maintained for all pefsonnel paid with CDBG funds. This applies to part-time as well as full-time personnel. In addition to accounting for daily attendance, the type of leave taken (annual, sick, Of other), shall be disclosed. Daily attendance fecords must support budgetary changes for payroll purposes. f. Payroll Recofds - Formal payroll records supporting cash disbursements to employees shall be maintained. Such records shall disclose each employee's name, job title, social security number, date hired, rate of pay, and all required deductions for tax purposes. Timely quarterly payment of taxes withheld from employees for the Fedefal Government, along with required matching costs, are fequired. In addition, all charges for payroll pUfposes shall be in accordance with the budget submitted to the Grantee. 21 g. Checking Accounts - Monthly bank reconciliation shall be conducted by Subrecipient. All checks, stubs, etc. shall be prenumbered and accounted for, including voided checks. Check stubs, cancelled checks, and deposit slips must be readily available for audit pUfposes. h. Petty Cash - Subrecipient is encouraged to use an imprest system and adhere to a monthly, or if necessary, more frequent reimbursement procedufe if anyCDBG funds are used as petty cash. ; i. Purchasing Practices - HUD considers State-purchasing regulations to be an acceptable standard for purchasing practices. Local purchasing practices and other procedufes shall prevail unless State and/or Federal pfactices and procedures are more stringent. Therefore, Subfecipient is obligated to confofm to the more restrictive practices and procedures. It is recommended that Subrecipient use a formal prenumbered purchase ordef system where possible and applica~le. j. Inventofies - Subrecipient is advised to maintain adequate safeguards against loss by theft or physical deteriofation of any inventories of office supplies, equipment, Of other items purchased with CDBG funds. k. Property Records - Subrecipient is required to maintain fOfmal subsidiary fecords to control all project property and equipment. Such records shall disclose the acquisition and subsequent disposition of all property. An annual inventory should be conducted, and the books shall feflect the actual value of property on hand at the end of the fiscal year. 2. All pfoject accounting records and supporting documents shall be maintained for a pefiod of at least five (5) years aftef termination of the Grantee's award. The fecords shall be made available to the Grantee, HUD and/of any of theif authorized representatives. 3. Subrecipient should maintain records in an ofderly manner, with sepafate identification for different federal time periods. Records must be protected from fire or other perils, and if stored in a location other than the project site, shall be readily accessible to the Grantee's staff, HUD officials and others who may be authofized to examine such recofds. EXHIBIT "C" REPORT SCHEDULE REPORT DUE PERIOD COVERED Monthly Progress Report 15th da of each month Jan-Dec January 15 after year of grant eriod 30 days after receipt of Audit Re ort For Prior month activities Grant Period Janua 1 - December 31 Subrecipient's audit period Audit 22