HomeMy WebLinkAboutCommunity Blast Grant Proposal
Augusta Richmond GA
DOCUMENT NAME:C01'1 ,., () Nil' Y B lit Sj G-/:2 A NT fjl<-o pas A L
DOCUMENT TYPE: fJaorOSA L
YEAR: ~DD S
BOX NUMBER: /l..t>
FILE NUMBER: I ~ 3:J.1o
NUMBER OF PAGES:
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DOCUMENT FLOW
(Office Of The Administrator)
DATE:
January 13, 2003
TO:
Bob YOU"!:!, Mavor
FROM:
Alexandra Alston, Executive Secretary
DOCUMENT ATTACHED: Revised Year 2003 Emergency Shelter Grant Program Certification (from
HND, dated 1/10/03)
ACTION REQUIRED:
Initial/Forward/ Return to Administrator's Office
RETURNED BY:
DATE:
***_*******__ A A A A A U A" A A A A A A A A A A ,__ A A A A A U A AU A _** A A A A A A' A A' A A'" II U A A ************** 11111111'1 A' A A' 11'1'" I A II A' A 1*****_
(ADMINISTRATOR'S OFFICE USE)
RETURNED TO:
DATE:
INITIALS:
TO:
THROUGH:
FROM:
DATE:
SUBJ:
Housing and Neighborhood Development
one, Tenth street, Suite 430
Augusta, Georgia 30901
(706) 821-1797 - FAX (706) 821-1784
MEMORANDUM
Mayor Bob Young
George R. Kolb ~ l
Rose L. Whit#
January 10, 2003
Revised Year 2003 Emergency Shelter Grant Program Certification
Please authorize for the Mayor's signature the attached revised Emergency Shelter
Grant Certification that is required'to be submitted to HUD for inclusion in the Year
2003 Action Plan.
RLW /rlw
Attachment
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ESG Certifications
The Emergency Shelter Grantee certifies that:
Major rehabilitation/conversion - It will maintain any building for which assistance is used under
the ESG Program as a shelter for homeless individuals and families for at least 10 years. If the
jurisdiction plans to use funds for purposes less than tenant-based rental assistance, the applicant
will maintain any building for which assistance is used under the ESG Program as a shelter for
homeless individuals and families for at least 3 years.
Essential Services - It will provide services or shelter to homeless individuals and families for the
period during which the ESG assistance is provided, without regard to a particular site or structure
as long as the same general population is served.
Renovation - Any renovation carried out with ESG assistance shall be sufficient to ensure that the
building involved is safe and sanitary.
Supportive Services - It will assist homeless individuals in obtaining appropriate supportive
services, including permanent housing, medical and mental health treatment, counseling,
supervision, and other services essential for achieving independent living, and other Federal, State,
local, and private assistance.
Matching Funds - It will obtain matching amowtts required wtder section 576.71 of this title.
Confidentiality - It will develop and implement procedures to ensure the confidentiality of records
pertaining to any individual provided family violence prevention or treatment services under any
project assisted under the ESG Program, including protection against the release of the address or
location of any family violence shelter project except with the written authorization of the person
responsible for the operation of the shelter.
Homeless Persons Involvement - To the maximum extent practicable, it will involve, through
employment, volunteer services, or otherwise, homeless individuals and families in constructing,
renovating, maintaining, operating facilities, and providing services assisted through this program.
Consolidated Plan - It is following a current HUD-approved Consolidated Plan or CHAS.
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November 6. 2002
Date
Mayor
Title
6
10: eM of (Of'nnvr'<s~ 101 IO-JJ-OL
Housing and Neighborhood Development
APPROVED
one, Tenth street, suite 430
Augusta, Georgia 30901
(706) 821-1797 - FAX 006) 821-1784
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(AUGUSTA.RICHM~~OUNTY COMMISSION)
AGENDA ITEM: :3 /
EDITION: I
DATE:
October 21,2002
FROM: Catherine White, Interim Director
Housing and Neighborhood Development Department
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TO: HONORABLE BOB YOUNG, MAYOR
MEMBERS OF COMMISSION
THROUGH: George R. Kolb, Administrator
SUBJECT: Year 2003 Action Plan
CAPTION: Approve Final Version of Year 2003 Action Plan for Community Development
Block Grant (CDBG), Emergency Shelter Grant (ESG) and HOME Investment Partnership funds
BACKGROUND: The City of Augusta, being an entitlement city, receives entitlement grants
annually for CDBG, ESG and HOME funds from the U.S. Department of Housing and Urban
Oevelopment (HUD). For receipt of these federal funds, they must develop and follow an
approved Consolidated Plan (CP).
On November 3, 1999; the Commission approved the City's 5-year CP for years 2000-2004.
This plan contains the City's housing and community development needs and strategies for
addressing those needs over the 5-year period.
Each year, the City must develop a one-year plan of action (Action Plan) indicating what the City
intends to do to carry out the goals and objectives in its 5-year CP. The Action Plan is also the
City's application for CDBG, ESG and HOME funds for which funds are applied for and
received.
On September 3, 2002, the Commission approved the Proposed Year 2003 Action Plan. As
required by HUD, a summary of the Action Plan was published in the Augusta Chronicle, Metro
Courier and Augusta Focus for a 30-day public review period with the deadline for citizen's
comments being October 9, 2002. As a result of the publication, we received the following:
· 58 letters of support from citizens asking that certain agencies receive additional funds and
that certain agencies' application be reconsidered for funding.
· Letters from 7 agencies requesting reconsideration of their applications.
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AGENDA ITEM:
_.- ----- 8ctober-2-1-;-2El02
Page 2
The citizen's comments were presented to the Citizen's Advisory Committee (CAC) on
Thursday, October 17, 2002. It was the recommendation of CAC that the budgets remain as
approved by the Committee initially which did not include Light of the World Neighborhood and
Economic Development project ($27,304) under the Public Service category. However, it was
management's recommendation that Light of the World be included in Year 2003 budget
because this project was approved during Year 2001 subject to the availability of funds.
Therefore, each agency's budget was reduced 13.65% in order to provide funding for Light of
the World. This was the only change made by management to CAC's initial budget.
(Decreased 13.65% to allow for funding of Light of the World)
CAC Management
Recommendation Recommendation
. 30901 DC "Tac Program" 15,000 12,952
. Augusta Task Force 10,000 8,635
. Augusta Urban Ministries 25,000 21,587
. Augusta Youth Center 30,000 25,905
. CSRA EOA 10,000 8,635
. Communities In Schools 5,000 4,317
. Golden Harvest Food Bank 25,000 21,587
. Hope House 15,000 12,952
. JWC Helping Hands 15,000 12,952
. Salvation Army 23,000 19,860
. Senior Center "Nutrition" 27,000 23,314
. Light of the World 0.00 27,304
Total 200,000 200,000
In addition to management's change, the Commission approved an additional $31,000 from R-
UDAG funds for the Augusta Task Force for the Homeless at October 15, 2002 Commission
meeting.
ANALYSIS: Approval and submittal of the Action Plan will enable the City to receive CDBG,
ESG and HOME entitlement funds for Year 2003 to carry out much needed projects for benefit
of low income persons and low income areas of the City.
FINANCIAL IMPACT: It is anticipated the City will receive and have available the following
funds for Year 2003:
Federal
Program 2003 Entitlement Grants ($'s) Program Income ($'s) Total ($'s)
CDBG 2,859,000 100,000 2,959,000
ESG 99,000 0 99,000
HOME 1,449,000 150,000 1,599,000
R-UDAG 31,000 0 31,000
Total 4,438,000 250,000 4,688,000
TOTAL FUNDS AVAILABLE FOR USE IN YEAR 2003
$4,688,000
AGENDA ITEM:
Gctober- 2-1-;-2082
Page 3
ALTERNATIVES:
1. Approve Year 2003 budgets as recommended by management and accept citizen's
comments as information (Attachments 1 & 2).
2. Approve Year 2003 budgets as recommended by the Citizen's Advisory Committee and
accept the citizen's comments as information.
3. Revise budgets taking into consideration the citizen's comments.
RECOMMENDATION: Management recommends that the attached Year 2003 CDBG, ESG,
HOME & R-UDAG budgets be approved and submitted to HUD as the City's Year 2003 Action
Plan. .
REQUESTED
FUNDS ARE AVAILABLE IN THE
FOLLOWING ACCOUNT:
Funds to be received in Year 2003.
FINANCE: ~A~
Eben Jones
Department
Director.
atherine White
ADMINISTRATOR: #".4 I..~
George Kolb '.
Attachments: 1) Year 2003 Action Plan (CDBG, ESG, HOME & R-UDAG budgets)
2) Citizen's Comments
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YEAR 2003
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
Entitlement Allocation (estimate)
Program Income (estimate)
Total Funds Available (estimate)
$2,859,000
$ 100,000
$2,959,000
Public Services
...
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$ 200,000_
. 30901 DC "T AC Program"
. Augusta Task Force
. Augusta Urban Ministries
. Augusta Youth Center
. CSRA EOA
. Communities Iff Schools
. Golden Harvest Food Bank
. Hope House
. JWC Helping Hands
. Salvation Army
. Senior Center "Nutrition"
. Light of the World
Total
12,952
8,635
21,587
25,905
8,635
4,317
21,587
12,952
12,952
19,860
23,314
27,304
200,000
Housing Rehabilitation Program
~ $ 1,160,000
. Housing Rehabilitation Program
(owner -occu pied)
. . Emergency Grant Program
. . Paint Program
. World Changers
. Administration
$990,000
$ 50,000
$ 20,000
$ 50,000
$ 50,000
. Code Enforcement
. Clearance & Demolition
. Economic Development
. Augusta Fire Station
. ARC Rec - Apple Valley
. ARC Rec - Sand Hills
. Augusta Mini Theatre
. Coordinated Health
. Senior Center Roof
$200,000
$100,000
$100,000
$ 75,000
$ 75,000
$ 68,100
$ 68,100
$ 75,000
$ 75,000
~$
836,200
Other Projects (ED, Public Facilities, etc)
· Program Admin -
· Planning
· Fair Housing
Total
$546,800
$ 40,000
$ 5,000
$591,800
~ $
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171,000
591,800
Section 108 Repayments ...
General Administration & Planning:
(Cap 20% - $591,800)
TOTAL: COSG
$2,959,000
Projects 2003
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R-U DAG
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Augusta Task Force for the Homeless
(Approved by Commission 10/15/02)
$31,000
YEAR 2003
EMERGENCY SHELTER GRANT PROGRAM
Entitlement Allocation (estimate)
$99,000
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Augusta Task Force for the Homeless $ 8,000
Augusta Urban Ministries $ 15,750
Beulah Grove $ 11,722
CSRA EOA $11,722
Catholic Social Services $ 10,000
Coordinated Health Services $ 10,000
Golden Harvest Food Bank $ 15,084
Interfaith Hospitality $ 11,722
Salvation Army $ 5,000
TOTAL $ 99,000
Projects 2003
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YEAR 2003
HOME Investment Partnerships Program
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Entitlement Allocation (estimate)
Program Income (estimate)
Total Funds Available (estimate)
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Housing Rehabilitation Program - Demolition/Rebuild
HOME Rental Rehabilitation Program
Homeownership Program
30901 Development Corporation
Antioch Ministries Community Development Corporation (deferred)
Augusta Housing Foundation of Augusta/Habitat
East Augusta Community Development Corporation (deferred)
Laney-Walker Development Corporation, Inc.
Sand Hills Neighborhood Association
Administration
Total
Projects 2003
$1,449,000
$ 150,000
$1,599,000
$ 228,300
$ 100,000
$ 50,000
$ 300,000
$ 150,000
$ 175,000
$ 150,000
$ 200,000
$ 100,000
$ 145,700
$1,599,000
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SUMMARY OF COMMENTS
From Citizens:
1. Letters from 56 homeless clients requesting that the Augusta Task Force for the Homeless
receive additional funds to restore it's budget to $40,000.
2. Letter from one resident of St. John's Towers requesting that this agency be reconsidered
for funding because of the necessity for window weatherproofing in the facility.
3. Letter from one citizen requesting reconsideration of the Art Factory's application.
From Aqencies:
1. Augusta Task Force for the Homeless request additional funds.
Use: Operational costs of agency.
· CDBG
· ESG
Requested
$44,000
$ 8,000
Received
$ 8,635
$ 8,000
2. Art Factory requests reconsideration of application.
Use: Art Program for youths.
· CDBG
Requested
$15,000
Received
$ 0
3. Catholic Social Services requests reconsideration of application.
Use: To provide financial assistance to low income families to prevent and end
homelessness through payment of rent, utilities, etc.
· CDBG
· ESG
Requested
$72,400
$10,000
Received
$ 0
$10,000
4. Georgia Legal Services requests reconsideration of application.
Use: To provide legal representation for homeless clients.
· ESG
Requested
$15,253
Received
$ 0
5. Neighborhood Improvement Project requests reconsideration of application.
Use: Tutoring Program for youths in South Augusta.
· CDBG
Requested
$61,560.73
Received
$ 0
Agenda item for 10-17-02
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CONTINUATION OF CITIZEN'S COMMENTS
6. St. John Towers requests reconsideration of application.
Use: Weatherproofing of facility
· CDBG
Requested
$90,000
Received
$ 0
7. Augusta Development Corporation d/b/a South Augusta Community Development
Corporation requests reconsideration of at least one of the four applications submitted.
Requested Received
. CDBG $ 47,920 $0 "Unwed Mothers Program"
. CDBG $138,920 $0 "Youth Summer Enrichment Program"
. CDBG $185,380 $0 "After-School Program for youths"
. CDBG $161,820 $0 "Temporary housing for recovering
female substance abuse victims"
Agenda item for 10-17-02
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YEAR 2003
COMMUNITY DEVELOPMENT BLOCK GRANT
Proposed Budget
Entitlement Allocation (estimate)
Program Income (estimate)
Total Funds Available (estimate)
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CAC approved
. 30901 DC "Tag" 15,000
. Augusta Task Force 10,000
. Augusta Urban Ministries 25,000
. Augusta Youth Center 30,000
. CSRA EOA 10,000
. Communities In Schools 5,000
. Golden Harvest Food Bank 25,000
. Hope House 15,000
. JWC Helping Hands 15,000
. Salvation Army 23,000
. Senior Center "Nutrition" 27,000
. Light of the World 0.00
Total 200,000
Public Services ...
(Decreased 13.65% to allow for funding of Light of the World)
13.65% Decrease
12,952
8,635
21,587
25,905
8,635
4,317
21.587
12,952
12,952
19,860
23,314
27,304
200,000
Housing Rehabilitation Program
r
. Housing Rehabilitation Program
(owner-occupied)
. Emergency Grant Program
. Paint Program
· World Changers
. Administration
"-
Other Projects (ED, Public Facilities, etc)
/" Code Enforcement
.
. Clearance & Demolition
. Economic Development
. Augusta Fire Station
. ARC Rec - Apple Valley
. ARC Rec - Sand Hills
. Augusta Mini Theatre
. Coordinated Health
. Senior Center Roof
\.
Section 108 Repayments
...
General Administration & Planning:
(Cap 20% - $591,800)
· Program Admin -
· Planning -
. Fair Housing -
Total
TOTAL: COSG
$990,000
$ 50,000
$ 20,000
$ 50,000
$ 50,000
$200,000
$100,000
$100,000
$ 75,000
$ 75,000
$ 68,100
$ 68,100
$ 75,000
$ 75,000
$546,800
$ 40,000
$ 5,000
$591,800
.
$2,859,000
$ 100,000
$2,959,000
$ 200,000
~ $ 1,160,000
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836,200
$ 171,000
591,800
$2,959,000
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.,. YEAR 2003
EMERGENCY SHELTER GRANT PROGRAM
Proposed Budget
Entitlement Allocation (estimate) $99,000
I I
Augusta Task Force for the Homeless $ 8,000
Augusta Urban Ministries $ 15,750
Beulah Grove $ 11,722
CSRA EOA $ 11,722
Catholic Social Services $ 10,000
Coordinated Health Services $ 10,000
Golden Harvest Food Bank $ 15,084
Interfaith Hospitality $ 11,722
Salvation Army $ 5,000
TOTAL $ 99,000
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. .- YEAR 2003
HOME Investment Partnerships Program
Proposed Budget
Entitlement Allocation (estimate) $1,449,000
Program Income (estimate) $ 150,000
Total Funds Available (estimate) $1,599,000
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Housing Rehabilitation Program - Demolition/Rebuild $ 228,300
HOME Rental Rehabilitation Program $ 100,000
Homeownership Program $ 50,000
30901 Development Corporation $ 300,000
Antioch Ministries Community Development Corporation $ 150,000
Augusta Housing Foundation of Augusta/Habitat $ 175,000
East Augusta Community Development Corporation $ 150,000
Laney-Walker Development Corporation, Inc. $ 200,000
Sand Hills Neighborhood Association $ 100,000
Administration $ 145,700
Total $1,599,000
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City of Augusta, Georgia
YEAR 2003
PROPOSED ACTION PLAN
Bob Young
Mayor
HOUSING AND NEIGHBORHOOD DEVELOPMENT DEPARTMENT
ONE 10TH STREET, SUITE 430
(706) 821-1797
September 3, 2002
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TABLE OF CONTENTS
PART 1. YEAR 2003 ACTION PLAN
A. Introduction and Summary 1
B. Citizen Participation 1
PART II. FEDERAL AND OTHER RESOURCES 3
PART ill. STRATEGIES TO BE UNDERTAKEN
A. Housing Strategy and Objectives 4
B. Homeless Assistance Strategy and Objectives 5
C. Non-Housing Community Development Strategy
And Objectives 8
D. Economic Development Strategy and Objectives 9
PART IV. GEOGRAPffiC DISTRIBUTION 11
PART v. OTHER ACTIONS
A. Non-Federal Actions 11
1. Fair 'Housing 11
2. Anti-Poverty Strategy 12
'"I Lead-Based Paint Reduction 12
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4. Institutional Structure Coordination of Efforts 13
B. Public Housing 13
PART VI. Community Development Block Grant Activities
A. Public Facilities and Improvements 14
B. Demolition and Clearance 15
C. Public Services 15
D. Rehabilitation/Code Enforcement 17
E. Special Economic Development Activity 17
F. Repayment of Section 108 Principal 18
G. Administration, Planning and Contingency 18
H. Other Program Requirements 18
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TABLE OF CONTENTS - Continued
PART Vll. HOME PROGRAM
A.
B.
HOME Housing Development
HONIE Administration
19
20
PART vm. HOMELESS ASSISTANCE PROGRAM
20
PART IX. MONITORING
22
PART X. EXHIBITS
A.
NEEDS ASSESSJvffiNT FORM
1
B. MAPS
1. Augusta-Richmond County 2
2. LfM Concentration by Census Tract ... 3
3. Minority Concentration by Census Tract 4
4. Acquisition/Demolition/Public Facilities Projects 6
5. Public Service Projects 7
6. Special Activities by CBDOs & HOJvffi Housing 8
7. Housing Construction Target Areas 9
8. Emergency Shelter Grant Site 10
9. Project Location - LM Census Tracts 11
10. Project Location & % Minority Population 12
11. Project Location & % Unemployment 13
C. TABLES
1.
2.
Continuum of Care Gaps Analysis
Housing Needs
Community Needs
14
16
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PART XI. APPLICATIONS (FORM 424) for CDBG, HOME & ESG Programs
PARTXll. CERTIFICATIONS
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AUGUSTA-RICHMOND COUNTY
2003 ACTION PLAN
I. INTRODUCTION
A. Summary of Action Plan
During the Year 2003 Augusta-Richmond County will implement activities designed to address
the priority housing and community development needs outlined in the FY 2000-2004
Consolidated Plan. The Housing and Neighborhood Development (HND) Department will
implement some projects in cooperation with other city departments. The Augusta Housing
Authority will coordinate public housing activities. Other projects will be carried out by
nonprofit organizations addressing a particular need or working in a specific neighborhood.
The Action Plan outlines the citizen participation process followed by the city, the resources to
be used in implementing the plan, the strategies to be undertaken to achieve Consolidated Plan
objectives, and the projects to be completed with CDBG, HOME, and ESG funds. The Action
Plan includes a discussion of other related actions to be under taken by the city and the Augusta
Housing Authority, and the process used by the Housing and Neighborhood Development
Department to monitor subrecipients.
Almost all of the activities included in the Action Plan are targeted to the census tracts with the
highest concentrations of low and moderate-income persons, minorities, and the unemployed.
These areas have the highest priority because they exhibit the greatest need for eligible CDBG,
HOME, and ESG-funded projects. By targeting assistance to these areas, the city is also
enhancing coordination with other organizations, conserving resources, and building the capacity
of service providers. Where activity locations are outside low and moderate-income areas,
assistance is targeted to organizations serving eligible groups, such as the homeless, the elderly
and disadvantaged youth.
B. Citizen Participation
Citizens were involved in developing the Action Plan. Augusta-Richmond County gave citizens
and others an opportunity to provide input in a number of ways. Two (2) public hearings were
held in the course of developing the consolidated plan (see schedule below). The purpose of the
hearings was to obtain input on housing and community development needs, provide an
overview of the CDBG, ESG, and HOME programs, and solicit project proposals for inclusion in
the action plan. Advertisements for the hearings were placed in the Augusta Chronicle, the
Augusta Focus, the Metropolitan Spirit and the Metro Courier, and were also broadcast on local
radio stations. Meeting notices were also sent to the Augusta Housing Authority, the Richmond
County Department of Family and Children's Services, homeless service providers, nonprofit
organizations, neighborhood associations, churches and other interested parties. People attending
the meetings had the opportunity to receive information and to review and submit comments on
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the content of the Action Plan, including the proposed activities, amount of assistance to be
received, and plans to minimize displacement or assist those displaced by activities. People who
attended the meetings had questions or made comments regarding homeless assistance programs
and needs, the demolition of structures in historic districts, housing rehabilitation assistance, and
how to organize a 501(c)(3) non-profit organization capable of receiving CDBG, HOME or ESG
assistance.
ACTION PLAN PUBLIC MEETINGS
DATE
LOCATION
FORMAT
February 21,2002
10:30 A.M.
Municipal Building
530 Greene St.
Public Hearing
February 21, 2002
7:00 P.M.
Municipal Building.
530 Greene St.
Public Hearing
As in past years, residents were also given an opportunity to provide written comments on
housing and community development needs. The Neighborhood Needs Assessment Form (see
Attachment #1) was distributed at the public hearings and through local churches, nonprofit
organizations, and community centers. The form asked residents to rate the adequacy of a wide
range of public facilities and services and to indicate which should be given the highest priority
in spending CDBG, HOME, and ESG funds.
Fifteen (15) copies of the form were completed and returned to the HND Department.
Respondents indicated that a few public facilities and services were adequate. Services and
facilities identified most often as being in need of improvement included housing, schools,
drainage, parks and recreation, sidewalks, street light, code enforcement, vacant lots, economic
opportunities, public transportation, and services for the elderly. Specific needs of the homeless
identified included shelter (beds), a day shelter, transportation, and Section 8 vouchers.
Respondents felt that CDBG, HOME and ESG funds should be used to address needs in the
following areas: housing, the homeless, vacant lots, parks and recreation, sidewalks, and
economic opportunities.
As part of the citizen participation process, the Citizens Advisory Committee for Housing and
Neighborhood Development provided input on the plan, and made written recommendations to
the Augusta Commission on CDBG, HOME, and ESG funding for the coming year. The citizens
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advisory committee met thirteen (13) times between May 28th and July 29th of this year to
discuss housing and community development needs, review funding proposals, and meet with
representatives of various agencies involved in community development activities. Staff of the
HND Department provided the committee with background information, a summary of the needs
assessment, and written evaluations of each of the funding proposals. The committee used this
information to formulate a recommended Action Plan for the Augusta Commission to adopt.
The City made the Action Plan available to the public for examination and comment thirty days
prior to its submission. A summary of the proposed plan was published in the following
newspapers: Augusta Chronicle, the Augusta Focus, the Metro Courier, and the Metropolitan
Spirit. The summary described the content of the plan, the purpose of the submission, and
included the location where copies of the plan could be examined. During the thirty-day
examination period, the city received [Insert comments about Action Plan]. Once adopted, the
action plan (including amendments and performance report) was made available to citizens and
units of general local government to afford them a reasonable opportunity to examine its
contents.
ll. RESOURCES
Augusta-Richmond County will use both Federal and nonfederal public and private resources to
address the priority needs and objectives identified in the action plan. Federal resources to be
spent next year include an estimated $2.959 million in CDBG funds, $1.449 million in HOME
funds, and $99,000 in ESG funds. Other resources to be used include Special Purpose Local
Option Sales Tax (SPLOST) funds, in-kind contributions from several nonprofits to match the
ESG funds, Augusta Housing Authority funds, state funds available to the Augusta
Neighborhood Improvement Corporation (ANTC), and in-kind contributions from the Augusta
Housing Authority and other agencies. It is unclear at this time what private resources (e.g.
equity, bank loans) will be committed during the program year. Private funds are most likely to
be committed to new housing construction and economic development. It is anticipated that
private and nonprofit entities will seek funding and I or tax credits for projects in furtherance of
the objectives spelled out in the consolidated plan. Homeless service providers will apply for FY
2003 funding under the Continuum of Care Program. It is also assumed that the Housing
Authority will continue to receive Capital Fund Program (CFP) funding and apply for Section 8
certificates and vouchers and other programs to benefit its client groups.
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III. STRATEGIES TO BE UNDERTAKEN
This section of the action plan identifies the strategies to be undertaken in four major areas:
housing, homeless assistance, non-housing community development, and economic
development. Expected accomplishments during the program year are grouped under the
applicable consolidated plan objective.
A. Housin2 Stratel!V
Housing Objective #1: Preserve the existing supply of affordable housing for low and
moderate-income persons through repair, rehabilitation and code enforcement.
· Owner-Occupied Rehabilitation Program - 30 to 50 units
· Demo-Rebuild & Housing Construction Program - 5 units
. Rental Rehabilitation - 7 units
· Emergency Rehabilitation Grant Program - 10 to 20 units
· Paint Program - 10 to 20 units
Housing Objective #2: Increase the supply of affordable housing for low- and moderate-income
families with the assistance of Community Housing Development Organizations_ (CHDOs),and
other housing organizations.
· Single-Family Housing Construction Program - 25 to 50 units
. Multi-Family Rental Housing Program - Undetermined
Housing ()bjective #3: Provide access to homeownership to low and moderate-income families.
· Explore the possibility of partnering with local providers to implement homeownership
counseling and training programs. Include programs for people in the process of
qualifYing to purchase a home and those who have already become homeowners.
· Homeownership Assistance Program - Provide down payment assistance to 30 fust-time
homebuyers
. Establish a city-wide homeownership training and resource center
· Explore the feasibility of implementing a lease-to-purchase program
Housing Objective #4: Develop Comprehensive Neighborhood Revitalization Strategy for
distressed areas of the city
· Complete city-wide Neighborhood Revitalization Plan
· Implement affordable housing pre-development funding program in connection with
Neighborhood Initiative Grant
. Develop neighborhood revitalization programs and strategies for target areas
. Coordinate housing development strategy with enterprise zone designation
4
t
Housing Objective #5: Expand and Strengthen Community Housing Development
Organizations (CHDOs)
· Reinforce existing CHDOs through training and capacity-building
o Establish new CHDOs in the Sand Hills neighborhood
· Formalize an Augusta CHDO collaborative process
Housing Objective #6: Pursue the implementation of an affordable housing trust fund to
provide a dedicated sources of funding for the local Augusta affordable housing program and
project initiatives.
B. Homeless Assistance Strate!!V
The city of Augusta recognizes that homelessness is a long-term problem that affects both the
people directly involved and the entire community. The city envisions a homeless assistance
delivery system:
1. Readily accessible to the homeless and near homeless;
2. Includes all homeless service providers;
3. Coordinated by the Augusta Task Force for the Homeless;
4. Providing coordinated housing and support services to the homeless and near homeless to
increase the probability of successful transition to independent living; and,
5. Which prevents the homeless and near homeless from falling through the cracks in the
system.
The strategy to achieve this vision, as outlined in the city's Consolidated Plan, includes the
following components:
· Identifying the immediate needs of the homeless through formal assessment
· Assisting homeless persons to obtain appropriate housing
· Providing the homeless with necessary support services and to expand upon present support
servIces
· Preventing persons at risk from becoming homeless
The city supports and participates in the work of the Augusta Task Force for the Homeless
(ATFH). The ATFH is the lead agency in implementing the homeless assistance strategy. The
A TFH is a coalition of more than 54 agencies that provide housing and services to the homeless.
The ATFH is located at 730 East Boundary in Augusta and is staffed by an executive director,
office manager, and secretary. The ATFH provides intake and referral services to the homeless,
distributes information, coordinates communications among service providers, and provides
administrative support to service providers.
5
i
The Continuum of Care (CaC) is 2. community-based planning process designed to identify the
critical needs of the homeless and develop a plan of action to assist the homeless. The A TFH
serves as the lead organization for coordinating homeless issues within the cac process.
Information is gathered through surveys of the homeless, community organizations and agencies,
and homeless service providers. The information is shared with the community at large, with
interested agencies and organizations and with members of the A TFH.
The ATFH has used the cac planning process to refme homeless need priorities in the city. The
basic steps involved in quantifying the needs and priorities include the following:
1. A TFH developed an inventory of all public, private and non-profit agencies providing
housing and services to the homeless. Also identified were non-service providers that have
contact with the homeless.
2. A TFH conducted a cac "gap analysis" meeting to explain the process to the identified
agencies. A consultant facilitated this and other meetings related to the gap analysis.
3. A TFH sent gap analysis survey form to all identified agencies.
4. Consultant tabulated the results of the completed surveys and assisted with follow-up contact
to selected agencies.
5. Consultant produced a Gap Analysis Chart with assistance from the gap analysis committee.
For each category of need, the gap or unmet need represents the difference between the
current inventory and the estimated need. The relative priority of need (High, Medium, Low)
was assigned using the following criteria -
e Low Priority = categories with 30% or less unmet need
· Medium Priority = categories with 40%-60% unmet need
· High Priority = categories with 70% or more unmet need
6. Gap analysis committee identified the five categories with greatest need as being those with
the highest percentage of unmet need. The five greatest needs were identified as -
· Permanent Housing
. Transitional Housing
. Substance Abuse Services
. Mental Health Services
. Case Management
During the next program year, the city will work with the A TFH and homeless service providers
to implement the projects listed below. The projects are grouped under one of the three homeless
assistance objectives included in the city's the Consolidated Plan.
6
-~
Homeless Assistance Objective #1: Maintain the existing outreach, assessment and referral
system.
· The Augusta Task Force for the Homeless (ATFH) will continue to use the computer
database system to maintain data on homeless persons and refer homeless persons to
appropriate agencies for housing and supportive services. The database was established with
funding from the FY 1998 Homeless Continuum of Care (COC) Application.
Homeless Assistance Objective #2: Increase the number of housing units available to the
homeless.
· Antioch Ministries, Inc. $290,703 (2002 COC requested funding) to rehabilitate
apartments on Perry and Blount Avenues, that will provide permanent housing for six (6)
families with disabilities.
I!I CSRA EOA, Inc. - $393,057 (2002 COC requested funding) to provide transitional houses
and supportive services to twelve (12) homeless families.
· East Augusta Community Development Corporation - $219,761 (2002 COC requested
funding) to provide permanent housing and supportive services to five (5) individuals with
disabilitieslhomeless families.
· East Central Georgia Community Mental Health Center - $336,000 (2002 COC requested
funding) to provide transitional housing for ten (10) homeless mentally ill adults.
· Transition Center, Inc. - $292,110 (2002 COC requested funding) to provide transitional
housing to five (5) homeless men and seven (7) homeless women suffering from substance
abuse.
Homeless Assistance Objective #3: Expand the ability of existing agencies and organizations to
serve the homeless, near homeless and persons with special needs.
· Use $99,000 in FY 2003 Emergency Shelter Grant (ESG) funds to assist nine (9) homeless
service providers to compensate for operating costs, essential services, and homeless
prevention. activities. These service providers must match ESG funds through in-kind
contributions of labor, materials and supplies and other funding sources.
· Assist Augusta Task Force for the Homeless in preparing and submitting FY 2003
Continuum of Care application to the Department of Housing and Urban Development.
· Allocate a total of $106,208 in FY 2003 Community Development Block Grant (CDBG)
funds to help pay the operational costs of the following service providers: Augusta Task
Force for the Homeless, Augusta Urban Ministries, CSRA Economic Opportunity Authority,
Golden Harvest Food Bank "Brown Bag", Hope House, JWC Helping Hands and The
Salvation Army.
7
C. Non-Housinl! Community Development Strate!!Y
As outlined in the city's Consolidated Plan, the goal of the Non-Housing Community
Development Strategy is to improve the quality of public facilities and public services, and
expand economic opportunities for low and moderate income persons. The strategy involves
making direct investments in public facilities, providing financial and technical assistance that
creates and retains jobs, and supporting agencies that provide public services to low income and
special needs populations. The strategy will improve the safety and livability of neighborhoods,
create new business opportunities, and improve access to capital and credit for development
activities.
During the next program year, the city will work with a number of agencies, organizations and
individuals to implement the non-housing and economic development projects listed below. The
projects are grouped under one of the applicable objectives included in the city's the
Consolidated Plan.
Non-Housing Objective #1: Use a combination of CDBG and local funds to improve facilities
and services in low and moderate-income neighborhoods. Emphasis will continue to be placed
on a combination of improvements to sewers, streets, sidewalks and streetlights in inner city
neighborhoods.
· Laney Walker Blvd. Reconstruction - Use Special Purpose Local Option Sales Tax
(SPLOST) and CDBG funds to pay for reconstruction and upgrades to Laney Walker Blvd.
between Twiggs Street and R.A. Dent Blvd.
Non-Housing Objective #2: Provide funds for public, se~or, youth, recreational, homeless
convalescent shelter, childcare and fire facilities.
.
Augusta Mini Theatre - Use SPLOST and CDBG funds to pay for constructing and
equipping a new arts center at 2548 Deans Bridge Road.
e
Coordinated Health Services - Use CDBG funds to assist with renovations to facility to be
used for homeless convalescent shelter.
.
Fire Station #1 - Use SPLOST and CDBG funds to construct new fire station at corner of
Broad Street and East Boundary.
.
Senior Citizens Center - Use CDBG funds to continue roof replacement at the Senior Center
located at 535 Fifteenth Street in Census Tract 3.
.
Park and Recreation Improvements - Use SPLOST and CDBG funds for continued
development of the Apple Valley and Sand Hills Parks.
Non-Housing Objective #3: Provide funding to public service agencies meeting the financial,
social, educational and recreational needs of seniors, disadvantaged youth, persons with
8
disabilities, and the homeless. Funding will also be provided for transportation, health care and
substance abuse services.
· Use CDBG funds to help pay for public services provided by the following organizations:
30901 Development Corp., Augusta Task Force for the Homeless, Augusta Youth Center,
CSRA Economic Opportunity Authority, Communities In Schools, Golden Harvest Food
Bank, Hope House, JWC Helping Hands, Inc., and Senior Citizens Center.
D. Economic Develollment Strategy
Vision: A city with planned, balanced and sustainable economic growth that is
environmentally sound and will support and provide jobs for all who wish to work and provide a
tax base to support community life.
Goals: (1) A positive environment that provides opportunities for small, minority and female-
owned businesses, and (2) A City with economically vibrant neighborhoods.
Economic Development Objective #1.1: Facilitate the creation of at least (ten) 10 new or
expanding small businesses from 2002 to 2003.
· Provide large and micro loans to small businesses countywide for startup and expansion
capital. (Augusta-Richmond County Economic Development Loan Fund (ARC/EDLF),
Recaptured Urban Development Action Grant, CSRA Business League, Georgia Clients
Council- Micro Enterprise Project).
· Make equity investments in small businesses, which target jobs to low and moderate income
persons (ARC/EDLF, Recaptured Urban Development Action Grant, and CSRA Business
League).
· Assist small, minority and female-owned businesses to get Link Deposit Loans to perform
awarded contracts (Link Deposit Program, University of Georgia Business Outreach Services
(UGABOS), CSRA Business League, ARC/EDLF, and Recaptured Urban Development
Action Grant).
· Develop programs that would eliminate barriers, which prevent small businesses and would-
be entrepreneur from getting start-up capital (UGABOS, CSRA Business League, CSRA
Development Companies and ARC/EDLF).
· Support legislation that will encourage small business development in the community
(UGABOS, CSRA Business League, County Commission, CSRA Development Companies,
Housing and Neighborhood Development, Chamber of Commerce).
Economic Development Objective #1.2: Provide technical assistance, business development
information, and information referral to one hundred (100) entrepreneurs and small business
owners from 2002 to 2003.
9
.
Conduct technical assistance seminars and workshops dealing with topics such as how to
start new businesses, develop business plans, do business with local governments, and
manage small businesses (CSRA Development Companies, ARCIEDLF, UGABOS, Paine
College, CSRA Business League, and SCORE).
.
Assist/Support publishing an annual Minority and Female Business Directory (CSRA
Development Companies, Augusta-Richmond County Public Schools, ARC/EDLF,
UGABOS, CSRA Business League, Paine College and Chamber of Commerce).
.
Conduct an annual local economic development survey of small business in Augusta (CSRA
Business League, Paine College, University of Georgia Business Outreach Services, CSRA-
DC, Augusta-Richmond County Public Schools, CSRA Business League, Chamber of
Commerce, License and Inspection and Revenue Departments).
.
Explore identifying inactive and underemployed youth in target neighborhoods and introduce
entrepreneurial skills to them. (Neighborhood organizations, Housing and Neighborhood
Development, Paine College, Weed and Seed, churches, CHDO's, non-profit organizations).
.
Conduct a survey of minority and women-owned businesses in the City and County to
develop a database for informed decision-making (Chamber of Commerce, Inspections and
Revenue Departments, Augusta State University, HND, Paine College, Augusta-Richmond
County Public Schools and CSRA Development Companies).
.
Maintain inventory of all economic development resources in the community, and create a
website to keep it current (CSRA-DC, Paine College, Housing and Neighborhood
Development, UGA-Business Outreach Services, CSRA Business League).
Economic Development Objective #2.1: Facilitate the creation of at least thirty (30) temporary
and permanent job opportunities for residents of the City from 2002 to 2003.
· Create new job opportunities by the providing startup loans to existing and new small
businesses (Link Deposit Program, CSRA Business League, CSRA Development Companies
and ARC/EDLF).
· Use CDBGfHOME funds to help fund housing and business development to encourage the
investment of private/other resources to help reduce blight and increase employment
opportunities (Phase II of the Armstrong Galleria shopping center, Fa<;:ade Rehabilitation
Grant Program, Mayor's Reimbursement Business Investment Grant Program, CSRA
Business League, Housing and Neighborhood Development (HND) and Augusta
Neighborhood Improvement Corporation (ANIC).
· Provide tax incentives to encourage private business to reinvest and rehabilitate the Laney-
Walker neighborhood. (ANIC, HND, Laney-Walker Enterprise Zone Abatement Program)
· Create a Tax Increment Financing District for the purpose of financing redevelopment,
housing and economic development (HND, Planning/Zoning).
10
· Develop a Marketing Plan for the Laney-Walker Enterprise Zone to encourage the
investment of private resources to help reduce blight and increase employment opportunities
(ANTC, HND, L WDC, and Laney-Walker Neighborhood Association).
IV. GEOGRAPIDC DISTRIBUTION
During the coming program year the majority of assistance will be directed to city
neighborhoods with the highest concentrations of minorities and low and moderate-income
persons. This includes the traditional "inner city" neighborhoods of Laney-Walker, Bethlehem,
and Turpin Hill, as well as adjoining neighborhoods in east Augusta and south Augusta. Other
assistance, such as housing rehabilitation, will be available to low-income homeowners residing
anywhere in the city.
The inner city neighborhoods are given the highest priority for two main reasons. First, they
evidence the greatest need for assistance because of such conditions as deteriorated housing, lack
of public infrastructure, and high rates of poverty. These are areas where a number of interrelated
needs have to be addressed. Second, these same neighborhoods are being served by a number of
community-based and social service agencies. These agencies and organizations are addressing
many of the same problems that are of concern to the city. By directing most assistance to these
neighborhoods the city is able to coordinate service delivery, conserve resources, and build the
capacity of organizations that have experience in these neighborhoods.
v. OTHER ACTIONS
A. Non-Federal Actions
1. Fair Housin~ - The city will follow all of the affirmative marketing, minority and women
business outreach requirements as defined in 24 CFR 92.350 and 92.351, respectively. Other
Fair Housing related activities to be undertaken during the coming year include the
following:
.:. Local Fair Housing Ordinance - The Housing and Neighborhood Development
Department has drafted a proposed fair housing ordinance for the city. The Georgia
Commission on Equal Opportunity (GCEO) reviewed the draft ordinance for
compliance with state law. The GCEO has made some revisions to the ordinance
based on its review. At the request of the HND Citizens Advisory Committee, the
ordinance is now being reviewed by the city attorney. Additional progress on the
proposed fair housing ordinance is expected during the coming year.
.:. Local Fair Housing Study - A consultant is in the process of updating the city's
1995 fair housing study.
[1
.:. Fair Housing Outreach - The HND Department will continue to publish brochures
and flyers and conduct direct outreach to the public and media about fair housing
rights and responsibilities.
2. Antipoverty Strategy - People living in poverty often have needs for such basics as food,
clothing, shelter and health care. They also need remedial education, job training and
placement, life skills training, substance abuse treatment and other social services. The city
of Augusta's anti-poverty strategy is to increase economic development, job training and
placement, affordable housing, and the availability of basic human services. These elements
will create an overall environment for individual self-sufficiency and economic
independence. The principal components of the anti-poverty strategy include the following:
. Facilitate increased coordination among nonprofit organizations serving people in
poverty .
· Support grant applications by nonprofit and for-profit organizations serving people in
poverty.
. Continue to meet the needs of those in poverty through such programs as rental
assistance, housing rehabilitation, family self-sufficiency, supportive housing, Job
Training Partnership Act, Job Connection, Welfare to Work, homeownership,
housing counseling and credit counseling.
3. Plans to Reduce Lead-Based Paint - It is estimated that approximately 1.0,000 structures in
Augusta-Richmond County contain lead-based paint. The city's strategy for addressing lead-
based paint in CDBG and HOME projects includes educating household members,
incorporating HUD's lead-based paint regulations in all contracts, and requiring the
abatement of lead-based paint in commercial buildings.
. Residential Rehabilitation Projects - Property owners are provided with the U.S.
Environmental Protection Agency's pamphlet titled "Protect Your Family from Lead in
Your Home. " They also certify that the residence does not contain lead, no one living in
the home has ever been tested and found to have an elevated blood lead level, and the
residence has never been cited for the presence oflead-based paint.
. Housing Program Contractors - Contractors are not permitted to use paint containing
more than 0.006 percent lead by weight in the total nonvolatile content of liquid paints, or
in the dried film, of paint already applied on all interior surfaces, and on exterior surfaces
accessible to children under 7 years of age.
· Fa9ade Rehabilitation Program - All commercial structures assisted under the program
must be tested for lead-based paint. If the test results are positive, property owners must
agree to abate the lead-based paint as part of the project. This is required before grants
are approved.
. Lead-Based Paint Abatement Grants - The Housing and Neighborhood Development
Department intends to apply for abatement grant funds when the next Super NOF A is
issued.
. Augusta Housing Authority - The Housing Authority tests for lead-based paint in all
units undergoing modernization. If lead-based paint is found, steps are taken to have
painted surfaces treated or abated in accordance with HUD requirements.
12
4. Institutional Structure and Coordination of Efforts - The institutional structure is in place
to implement the Action Plan. The HND Department has many years of experience in
planning and implementing CDBG and related program activities. The Augusta Housing
Authority also has many years of experience in providing public housing and related support
services, and has been designated as a high performer by HUD's Atlanta Office. These two
agencies will be responsible for the implementation of the majority ofprojects covered by the
strategy. However, a number of well-established agencies and organizations will serve as
subrecipients and will share in the responsibility for the implementing projects and delivering
semces.
Augusta-Richmond County and the Augusta Housing Authority will keep lines of
communication open with the involved parties to assure coordination and effective
implementation of all activities. The .fIND Department also will continue to conduct
monitoring reviews of all subrecipients on a regular basis to assure that projects are carried
out in accordance with the Action Plan. Monitoring will also be done to assure that projects
meet all regulatory requirements and adhere to the necessary financial management
techniques. Section IX of the Action Plan provides more information on monitoring
procedures.
B. Public Housine
The Housing Authority of Augusta and Richmond County is the designated Local Public
Housing Agency (PHA). Established in 1937, the Housing Authority is governed by a five-
member Board of Commissioners appointed by the local government. An Executive Director and
staff of employees oversee the day-to-day operations of the Housing Authority and its properties.
The Housing Authority currently operates and maintains fourteen (14) properties in Augusta-
Richmond County. Together, these properties house approximately 6,800 people in 2,777 living
units. Another 6,122 people are assisted through the Section 8 Housing Assistance Payment
Program. The annual budget for the Housing Authority exceeds $20 million and includes
expenditures to operate and maintain the public housing projects, provide housing assistance
payments to Section 8 program participants, make capital improvements, provide security and
other community services, and overall administration of the program. The Housing Authority
was designated as a high performer by HUD's Atlanta Office for the fiscal year ending March 31,
1995. The designation reflects the Authority's high achievement in the areas of modernization,
financial management, occupancy rates, and maintenance.
The HUD-funded Section 8 Housing Assistance Payment Program provides rent subsidy to very
low-income residents so that they do not pay more than 30% of their income for rent and
utilities. Families must qualify through the same income adjustment criteria as used for public
housing and are given certificates or vouchers to apply toward their rent. Certificates are based
on the fair market value of rental property. There are more than 2,300 low-income individuals
and/or families in the Section 8 program and approximately 4,000 have been placed on a waiting
list. Priority is given to the homeless, those living in substandard housing, and those paying
more than half of their income for rent and utilities. No specific geographical area of the City
will be targeted for rental assistance. The Augusta Housing Authority will provide service
13
delivery and management. Augusta-Richmond County will work with the Augusta Housing
Authority and nonprofit housing providers to identify public housing tenants who are interested
in moving into new or rehabilitated housing assisted through the CDBG and HOME Programs.
The Housing Authority also will continue to receive funds under HUD's Capital Fund Program
(CFP). According to the CFP Action Plan, the Housing Authority expects to receive
approximately $4.89 million each year between FFY 2001 and 2005. The funds will be used for
a combination of physical improvements, management improvements, and administrative costs
affecting Authority-owned properties. In FFY 2003, physical improvements will continue at
Olmsted Homes and Barton Village. Olmsted is the focus of an extensive modernization project,
and 10-15 units in Barton Village will be modernized. Related site improvements will be made at
both complexes.
VI. CDBG ACTMTIES
CDBG-funded activities for the coming program year are divided into the following categories:
· Public Facilities and Improvements
· Demolition and Clearance
· Public Services
· Housing Rehabilitation and Code Enforcement
· Special Economic Development Activities
· Repayment of a Section 108 Loan
· Administration, Planning, Fair Housing and Contingency.
The majority of the activities will be completed during the 2003 calendar year. Projects requiring
more planning and preparation, such as public facilities and improvements, will likely take 18-24
months to complete. The geographic distribution of activities is shown on Figures 4 through 11.
Figures 4 shows the location of public facilities and improvements and demolition and clearance
target areas. Figure 5 identifies public service activities. Figures 6 shows the location of HOME-
assisted projects, and Figure 7 show the location of housing construction and code enforcement
target areas. Figure 8 shows the location of Emergency Shelter Grant activities. Figures 9
through 11 show the location of all activities in relation to concentrations of low and moderate-
income persons, minorities, and the unemployed.
A. PUBLIC FACILITIES & IMPROVEMENTS (see Figure 4)
1. APPLE VALLEY PARK - $75,000 grant to partially fund construction of a neighborhood
park in the Apple Valley neighborhood. Park facilities to include a community center,
parking lot, lighting, landscaping, fencing, playground area, picnic areas, walking track and
open space. The park site is located on Marvin Griffin Road in Census Tract 105.11.
2. AUGUSTA MINI THEATRE, INC. - $68,100 grant to partially fund construction of a new
20,132 square foot community arts theater on property at 2548 Deans Bridge Road (Census
14
Tract 104). The facility will be used to provide instruction in art, drama, dance and music to
low and moderate-income persons. The Mini-Theatre is currently located at 430 Eighth
Street in Census Tract 4.
3. COORDINATED HEALTH SERVICES, INe. - $75,000 grant to pay for renovating a
facility located at 2108 Broad Street (Census Tract 2). The facility will be used as a
convalescent shelter for homeless persons who have been discharged from the hospital. This
organization operates a health clinic located in the Salvation Army building at 1384 Greene
Street (Census Tract 8).
4. FIRE STATION #1 - $75,000 grant to partially fund construction of a new fire station on
property located on the northwest comer of Broad Street and eat Boundary in the Olde Town
neighborhood (Census Tract 6).
5. SAND HILLS PARK - $ 68,100 grant to partially fund development of a park in the Sand
Hills neighborhood. Park facilities to include a community center, parking lot, lighting,
landscaping, fencing, playground are'4 picnic areas, walking track and open space. The park
site is located on the southwest comer of Fleming Avenue and Wheeler Road (Census Tract
1).
6. SENIOR CmZENS CENTER - $75,000 grant to partially fund roof replacement at the
Senior Citizens Center located at 535 15th Street in Census Tract 3. The center houses a non-
profit organization providing meals, health services, day care, educational and recreation
services to the elderly.
B. DEMOLITION & CLEARANCE (see Figure 4)
1. DEMOLITION AND CLEARANCE PROGRAM - $100,000 grant to pay for demolition
and clearance of dilapidated structures located in targeted low-income neighborhoods. After
clearance, vacant lots will be made available to private companies and CHDOs for
construction of affordable houses for low-income persons. The Augusta-Richmond County
License and Inspection Department, located at 1815 Marvin Griffm Road, will coordinate
this program with the Housing and Neighborhood Development Department.
C. PUBLIC SERVICES (see Figure 5)
1. 30901 DEVELOPMENT CORPORATION, INe. - $12,952 to pay for operational costs
associated ''Teens About Change Program" to be sponsored at the W.T. Jolmson Center
located at 1610 Hunter Street in Census Tract 14. The program is designed to bring about
positive changes in youth ages 11-18 by providing various cultural and educational
extracurricular activities such as art, dance gymnastics and SAT preparation.
15
2. AUGUSTA TASK FORCE FOR THE HOlVIELESS, INe. - $8,635 grant to pay for
operational costs of the Comprehensive Homeless Service Program. The Task Force is
located at 730 East Boundary in Census Tract 106.
3. AUGUSTA URBAN MINISTRIES, INC. - $21,587 to pay for purchase ofa van to provide
transportation for homeless clients participating in the agency's transitional housing program.
Augusta Urban Ministries is located at 303 Hale Street in Census Tract 6.
4. AUGUSTA YOUTH CENTER, INC. - $25,905 grant to pay for operating costs of the
center and to provide scholarship assistance to low and moderate-income youths participating
in the tutoring program and other activities at the center. The Augusta Youth Center is
located at 602 Third Street in Census Tract 6.
5. CSRA ECONOlVllC OPPORTUNITY AUTHORITY, INC. - $8,635 grant to pay for
operating costs associated with the Youth Leadership Development Program in the Hyde
Park neighborhood (Census Tract 106), and the Little Steps (Homeless Children's) Program
at 720 East Boundary (Census Tract 106). The EOA administrative office is located at 1261
Greene Street in Census Tract 4.
6. COMMUNITIES IN SCHOOLS, INe. - $4,317 grant to assist with costs associated with
the "Dare to Learn Mentor/Tutoring Program" designed to assist at-risk low and moderate-
income youths at Murphey (Census Tract 103), East Augusta (Census Tract 106), Tubman
(Census Tract 10), and Glenn Hills (Census Tract 105.05), middle schools. The
Communities in Schools, Inc. is located at 329 Telfair Street in Census Tract 6.
7. GOLDEN HARVEST FOOD BANK - $21,587 to pay for operating the "Brown Bag
Program" that provides food to extremely low-income seniors. Golden Harvest Food Bank .
(GHFB) is a nonprofit organization, established in 1982, whose mission is to fight hunger
among the poor and elderly. GHFB solicits, collects, warehouses, and distributes donated
food to needy families, children, and the elderly in 24 counties in Georgia and South
Carolina. Approximately 53% of GHFB services and products are provided to residents of
Augusta-Richmond County. The Golden Harvest Food Bank is located at 3310 Commerce
Drive in Census Tract 105.04.
8. HOPE HOUSE FOR WOMEN, INC - $12,952 grant to help pay to provide transitional
housing for women suffering from substance abuse problems. Hope House operates a facility
at 2542 Milledgeville Road (Census Tract 103).
9. JWC HELPING HANDS, INe. - $12,952 grant to expand a food distribution program
headquartered at Dogwood Terrace, a public housing complex located at 2050 Bolt Drive in
Census Tract 104. Food is provided to the elderly, the homeless and other low-income
persons.
10. LIGHT OF THE WORLD NEIGHBORHOOD AND ECONOlVllC DEVELOPMENT,
INC. - $27,304 to purchase a passenger van and operate a community center in the Aragon
Park neighborhood. The center will house activities for low and moderate-income
16
neighborhood residents, an after school tutoring program, and medical examinations. Light of
the World is a non-profit organization located at 1880 Alabama Road in Aragon Park
(Census Tract 104).
11. THE SALVATION ARMY, INC. - $19,860 grant to help pay for food used in the
preparation of meals for clients, and to pay for operating costs (maintenance costs, rent
repairs, security, fuels, utilities, and salaries). The Salvation Army, Inc. is a nonprofit
organization providing counseling, referral services, and housing assistance to the homeless
and near homeless. The organization is located at 1384 Greene Street (Census Tract 8).
12. SENIOR CITIZENS' COUNCIL - $23,314 to help pay for transportation services for
senior citizens participating in programs sponsored by the Senior Citizens Council of Greater
Augusta and the CSRA. Transportation services will be provided to seniors participating in
programs at the Belle Terrace, Savannah Place, Hephzibah/Blythe, and McBean centers, and
the delivery of meals to homebound clients in these areas. The Senior Citizens Council is
located at 515 15th Street in downtown Augusta (Census Tract 3).
D. HOUSING REHABILITATION & CODE ENFORCEMENT (see Figure 7)
1. HOUSING REHABILITATION PROGRAM - $1,160,000 to pay for continuation of the
city's housing rehabilitation program benefiting qualified low and moderate-income
homeowners in CDBG-eligible neighborhoods. Program components include deferred and
low - interest rate loans to finance repairs to substandard single family and multifamily
residences, emergency grants to correct dangerous or hazardous conditions in single family
residences, free paint for use on the exterior of residences, and limited housing improvements
sponsored by World Changers, Inc. The Housing and Neighborhood Development
Department will implement this program.
2. CODE ENFORCEMENT - $200,000 grant to pay for costs of providing code enforcement
in low and moderate-income neighborhoods with a high number of deteriorated structures.
The program is designed to eliminate blighting conditions in these neighborhoods. The
program will be coordinated with the Demolition and Clearance Program. The Augusta-
Richmond County License and T nspection Department, located at 1815 Marvin Griffin Road,
is responsible for code enforcement activities.
E. SPECIAL ECONOMIC DEVELOPMENT ACTIVITY (not mapped)
1. ECONOlVllC DEVELOPMENT LOAN PROGRAM - $100,000 to provide low interest
loans up to $25,000 to small businesses creating or retaining jobs for low and moderate-
income persons. The Housing and Neighborhood Development department will implement
this program.
17
F. REPAYMENT OF SECTION 108 LOAN PRINCIPAL (not mapped)
1. OLDE TOWN PROPERTIES - $171,000 to repay Section 108 loan and legal fees
associated with the Olde Town Properties Project. This project involved the rehabilitation of
approximately 54 rental residential properties located in the Olde Town neighborhood. The
HND Department will coordinate the program.
G. ADMINISTRATION. PLANNING. FAIR HOUSING. & CONTINGENCY
1. AUGUSTA-RICHMOND COUNTY PLANNING COMMISSION - $40,000 to pay for
costs of providing program planning and environmental review assistance to the CDBG
Program. The Augusta-Richmond County Planning Commission conducts planning and
zoning activities for Augusta-Richmond County.
2. GENERAL ADMINISTRATION - $546,800 to pay for costs incurred by the Housing and
Neighborhood Development Department in the general administration of the CDBG and
ESG Programs. The Housing and Neighborhood Development Department is a line agency
of the Augusta-Richmond County Commission.
3. FAIR HOUSING - $5,000 to educate the public about Fair Housing law. The Housing and
Neighborhood Development department will implement this project.
H. OTHER PROGRAM REQUIREMENTS
1. Prot!ram Income - CDBG program income, estimated to be $100,000 will be spent only on
eligible activities included in the Action Plan.
2. Income From Float-Funded Activities - Float-funded activities are any activities which
Augusta-Richmond County funds through the use of a "float", which is the amount of
Augusta-Richmond County's CDBG funds budgeted for one or more activities that do not
need the funds immediately. Float-funded activities are tmdertaken with the expectation that
they will generate sufficient program income to allow for completion of the projects
originally budgeted to receive the funds. No funds are expected from noat-funded activities
included in the Action Plan, and no funds are expected from a float-funded activity described
in a prior statement or plan.
3. Un?:ent Need Activities - No urgent need activities are included in the Action Plan.
4. Surulus Urban Renewal Funds - There are no surplus CDBG funds from any urban
renewal settlement for community development and housing activities, and no CDBG grant
funds returned to the line of credit for which the planned use has not been included in a
subsequent statement or plan.
18
VIT. HOME PROGRAM
~~~~~~~~~~i~jli;;li~~ifJi~~lt~'~~~c!.~t't~L~i~~~t~,~~~~~1$li~)1Ic:::i
L>.~~;:f:IJi)N4FIRro~lliieome~r'EstIiI;fate:'~~"20@3IJ>f' . 'i';, './ :~~, t,~'C'tjA~; ~;'~ : :~:,'g<<j.i':;"2 ~~2:>Jt r' .,!,~[~'a;5,0~Q00~\~:,.~~::
l~t~}~J!lRm~ittf~)l#i~;~~Sf~V~~!I:~}i~~~'~~~ai~)~ft1!:~;":})r~2;'~~it~1:;~;~f~~~~~,~t~}$.~~~~i'm9:!t9!;~~~~~:
A. HOME HOUSING DEVELOPMENT (see Figure 6)
1. DEMOLITION-REBUILD PROGRAl\1 - $228,300 to fund the construction or
reconstruction of up to five (5) affordable residential units under the innovative Demolition-
Rebuild Program. This program is geared to low and moderate income households
occupying severely deteriorated and substandard properties. The program is an extension of
the Housing and Neighborhood Development Department's owner-occupied housing
rehabilitation program.
2. RENTAL REHABILITATION PROGRAM - $100,000 for a Rental Rehabilitation
Program designed to assist investor-owners of rental properties in increasing the supply of
affordable rental housing units, and to reduce the rent burden of tenants. This program is
available to all owners of privately held rental property and non-profit organizations with
property that is located in designated or targeted neighborhood. The Housing and
Neighborhood Development Department will implement this program.
3. DOWN PAYMENT ASSISTANCE - $50,000 to provide down payment assistance to
qualified low and moderate-income first-time homebuyers. The Housing and Neighborhood
Development Department will implement this program.
4. 30901 DEVELOPMENT CORPORATION - $300,000 grant to support the construction
and rehabilitation of affordable housing units in the Bethlehem and Turpin Hill
neighborhoods. (Census Tracts 14 & 15).
5. SAND IDLLS NEIGHBORHOOD ASSOCIATION - $100,000 grant to pay start-up costs
associated with establishing a new Community Housing Development Organization (CHDO)
in the Sand Hills neighborhood (Census Tract 1). The grant funds will be used for both
program administration and project implementation. More specifically, funds will be used to
cover initial operating cost, capacity building, master plan development, site acquisition,
rehabilitation and new construction on selected residential parcels throughout the
neighborhood. This initial funding will implement a comprehensive multi-year
Neighborhood Revitalization Project designed to restore the characteristics of a healthy and
stable inner city neighborhood in historic Sand Hills.
6. AFFORDABLE HOUSING FOUNDATION OF AUGUSTAlHABITAT - $175,000
grant to pay costs associated with the construction of seven (7) units of affordable housing in
various locations throughout Augusta. The funds will be used primarily to support pay for
19
construction supplies. Consistent with current objectives of the Habitat for Humanity, the
completed homes will be targeted for purchase by very low-income individuals and families.
7. LANEY-WALKER DEVELOPMENT CORPORATION - $200,000 grant to pay costs
associated with the construction of affordable housing in the area between Laney-Walker
Blvd. and Wrightsboro Road (Census Tract 9). Specific activities will include property
acquisition, demolition and construction of the new housing units.
8. ANTIOCH MINISTRIES COMMUNITY DEVELOPMENT CORPORATION -
$150,000 deferred grant funding pending final CAC approval to support the development of
affordable housing for low and moderate-income households in connection with the Florence
Street Revitalization Project. (Census Tract 9).
9. EAST AUGUSTA COMMUNITY DE-yELOPMENT COPORATION - $150,000
deferred grant funding pending final CAC approval to support the development of affordable
housing for low and moderate-income households in connection with the East Augusta
Community Redevelopment Program (Census Tract 106).
10. GENERAL ADMINISTRATION - $145,700 to pay for costs incurred by the Housing and
Neighborhood Development Department in the general administration of the HOME
Investment Partnership Program.
VIII. HOMELESS ASSISTANCE PROGRAM (see Figure 8)
The Emergency Shelter Grant (ESG) Program - $99,000 to pay for activities to improve the
quality of existing emergency shelters for the homeless, to help make additional emergency
shelters available, to help meet the costs of operating emergency shelters, and to provide certain
essential social services to homeless individuals. The program not only provides access to safe
and sanitary shelters but also provides supportive services and other kinds of assistance the
homeless need. The program is also intended to restrict the increase of homelessness through the
funding of preventive programs and activities. There are 3 (three) categories of funding -
operating costs, essential services and homeless prevention. The HND Department will
coordinate the distribution ofESG funds to the homeless assistance providers listed below. Each
of the listed homeless assistance providers will provide a dollar-far-dollar match to the ESG
funds through in-kind contributions of labor, materials and supplies. ESG funds will be allocated
to nine (9) homeless assistance providers during the program year.
1. AUGUSTA TASK FORCE FOR THE HOMELESS, INC. - $8,000 to help homeless
persons obtain Georgia Photo Identification Cards and birth certificates. The Task Force is
located at 730 East Boundary in Census Tract 106.
2. AUGUSTA URBAN MINISTRIES - $15,750 to help pay for operational costs associated
with the distribution of furniture items to the homeless. Augusta Urban Ministries is located
at 303 Hale Street in Census Tract 6.
20
3. BEULAH GROVE COMMUNITY RESOURCE CENTER - $11,722 to pay for costs
associated with providing case management, emergency [mancial assistance, health
education, budget management, nutrition counseling, and life skills training to the homeless.
The Beulah Grove Community Resource Center is located at 1446 Linden Street in the
Bethlehem neighborhood (Census Tract 14).
4. CSRA ECONOMIC OPPORTUNITY AUTHORITY, INC. - $11,722 to pay for
operating costs associated with providing transitional housing and supportive services to
homeless families. The EOA is located at 1261 Greene Street in Census Tract 4.
5. CATHOLIC SOCIAL SERVICES - $10,000 to pay rent and provide support services to
the homeless and near homeless in Augusta. Catholic Social Services, Inc., is a nonprofit
organization, located at 811 Twelfth Street, that provides food, clothing, transportation, rental
assistance, and other support services to the homeless and others in need (Census Tract 8).
6. COORDINATED HEALTH SERVICES, INC. - $10,000 to provide primary and
preventive health care to homeless persons. The organization operates a health clinic located
in the Salvation Army building at 1384 Greene Street (Census Tract 8).
7. GOLDEN HARVEST FOOD BANK - $15,084 to provide food to the homeless and low
and moderate-income persons at a soup kitchen located at 842 Fenwick Street in Census
Tract 7. Golden Harvest Food Bank (GHFB) is a nonprofit organization, established in 1982,
whose mission is to fight hunger among the poor and elderly. GHFB solicits, collects,
warehouses, and distributes donated food to needy families, children, and the elderly in 24
counties in Georgia and South Carolina. Approximately 53% of GHFB services and products
are provided to residents of Augusta-Richmond County. The Golden Harvest Food Bank is
located at 3310 Commerce Drive in Census Tract 105.04.
8. INTERFAITH HOSPITALITY NETWORK, INC. - $11,722 to provide intake and
supportive services to homeless families and help them in secure permanent housing and
employment. Interfaith Hospitality Network of Augusta (IHNA) is nonprofit established to
implement a community-wide effort through the religious community to provide shelter,
meals, and comprehensive services to homeless families. Several Augusta churches have
pledged the use of their facilities, the participation of church members as volunteers, and
financial support to implement the UINA program. IHNA is affiliated with the National
Interfaith Hospitality Network (est. in 1988). IHNA of Augusta is headquartered at 2177
Central Avenue in Census Tract 11.
9. THE SALVATION ARMY, INC. - $5,000 to provide financial assistance to homeless
persons for housing deposits, rent and utility payments. The Salvation Army, Inc. is a
nonprofit organization providing counseling, referral services, and meals and housing
assistance to the homeless and near homeless. The orgarrization is located at 1384 Greene
Street (Census Tract 8).
21
IX. MONITORING
The following are the standards and procedures for monitoring activities undertaken with funds
the City of Augusta receives from HUD:
1. Review eligible funding applications and discuss basic requirements with potential
subrecipients.
2. Develop subrecipients Agreement that conforms to the regulations and which is specific in
terms of the work to be performed, the schedule for completion, the itemized budget, and
records to be maintained.
3. 3. Provide technical assistance to the subrecipients to make sure that the requirements are
understood.
4. Establish monitoring file for subrecipients.
5. Schedule monitoring with the subrecipients at least once annually and more frequently as
the situation requires.
6. Develop a monitoring plan for each subrecipient based on a review of the subrecipients
Agreement, the monitoring checklist questions, and any special concerns of Community
Development staff.
7. Carry out scheduled monitoring using the monitoring checklist.
8. Based on the information gained during monitoring, complete a monitoring report that
identifies any actions that need to be taken.
9. Take the identified actions and make appropriate notation to the monitoring file. With a
high-risk project, monitoring would take place at least 4 times a year plus once, at least,
annually thereafter until the agreement expires. With a lower risk project, monitoring occurs
at least twice a year (pre-monitoring and in-depth monitoring).
22
NEIGHBORHOOD NEEDS ASSESSMENT SURVEY
NEIGHBORHOOD: DATE:
We are interested in how you view the facilities and services available in your
neighborhood, and what needs are a priority to you.
A. Rate the adequacy of the following public services and facilities in your
neighborhood. (Circle one answer for each category)
In Need of Non- Don't
Excellent Adequate Improvement Existent Know
1, Housing Conditions 2 3 4 5
2, Police Protection 2 3 4 5
3. Fire Protection 2 3 4 5
4, Water/Sewer 2 3 4 5
5. Drainage 2 3 4 5
6. Schools 2 3 4 5
7. Parks & Recreation 2 3 4 5
8. Garbage Service 2 3 4 5
9, Streets 2 3 4 5
10, Sidewalks 2 3 4 5
11. Street Lights 2 3 4 5
12. Code Enforcement 2 3 4 5
13. Condition of Vacant Lots 2 3 4 5
14, Economic Opportunities 2 3 4 5
15. Heallh/Social Services 2 3 4 5
16. Day Care Facilities 2 3 4 5
17. Public Transportation 2 3 4 5
18, Services for the Elderly 2 3 4 5
19. Land Use 2 3 4 5
20, Other (Specify) 2 3 4 5
B, Of the services and facilities above that you marked in need of improvement or
non-existent, which three (3) should be given the highest priority in spending
Community Development Block Grant, HOME, and Emergency Shelter Grant
funds? (Use the number from the left column above)
1. 2. 3.
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Continuum of Care: Gaps Analysis - Individuals
Beds/Units
Estimated Current Unmet Need! Relative
Needs Inventory Gap Priority
Emergency Shelter 13u1 114~ 1103 IMed
Transitional Housing 11 [0 14~ 11:l[ IHlgh
Permanent Housing I~[o 11 ~t) lo~U INone
Total 1,352 392 960
Estimated Supportive Services Slots
Job Training 15u I I,:lo I~o IMed
Case Management Iou I 140 110 IMed
Substance Abuse Treatment I:lOU I 100 11~0 IHlgh
Mental Health Care Iou I 140 110 IMed
Housing Placement I~o I 11u 110 IHlgh
Life Skills Training Iou I IZU I~u IMed
Other Categories
Other (Prim. Health Care) 11:l I[ 15 IHlgh
Estimated Sub-Populations
Chronic Substance Abusers IJUU I tiJ 1~41 IHlgh
Seriously Mentally III 11~U 130 1145 IHlgh
Dually-Diagnosed ltic I~u ~1~tJ IMed
Veterans , 1~4 Il:SU 114 !LOW
Persons with HIV/AIDS 15u 13l:S i 1:L ILOW
Victims of Domestic Violence 115 I~ 16 ILOW
,-
Youth I :lU J14 10 ILOW
-14-
Continuum of Care: Gaps Analysis - Persons in Families with Children
Beds/Units
Estimated Current Unmet Need/ Relative
Needs Inventory Gap Priority
Emergency Shelter 11UU 101 13~ !LOW
Transitional Housing 12SU 121 122~ IHlgh
Permanent Housing 14uU IU 14UU IHlgh
Total 750 82 668
Estimated Supportive Services Slots
Job Training 13u I 23 11 !LOW
Case Management 112u 1 10 140 IHlgh
Child Care \IU I 30 130 IMed
Substance Abuse Treatment 25 I ' U I~o IHlgh
Mental Health Care 4U I U 14u IHlgh
Housing Placement 0 I 3 13 IMea
Life Skills Training 00 I 14U 110 ILOW
Other Categories
Other 110 11~ 13 I ILOW
Other (prim. Health Care) 11U 14 10 I IMea
Estimated Sub-Populations
Chronic Substance Abusers 110 11 ..114 IHlgn
Seriously Mentally III I~U 10 110 jHlgh
Dually-Diagnosed I~ 12 10 IMed
Veterans 110 11U 15 IMed
Persons with HIV/AIDS 115 I~ 17 IMed
Victims of Domestic Violence 15 12 13 ILOW
Other Categories
Other Categories 114 I~ 10 INone
-15-
-16-
Community Needs
Anti-Crime Programs
Overall
Sub-Categories
Crime Awareness (051)
Need Level Units
Estimated
$80,000
High
5
High
5
$80,000
Economic Development
Overall
Sub-Categories
Rehab; Publicly or Privately-Owned Cammer (14E)
CI Land Acquisition/Disposition (17A)
Cllnfrastructure Development (17B)
CI Building Acquisition, Construction, Re (17C) ,
Other Commercialllndustriallmprovements (170)
ED Direct Financial Assistance to For-Pro (18A),
ED Technical Assistance (188)
Micro-Enterprise Assistance (18C)
Need Level Units Estimated
Med 18 $520,000
Med 2 $100,000
None 0 $0
Med 1 $100,000
None 0 $0
Med 3 $100,000
Med 5 $100,000
Med 5 $100,000
Low 2 $20,000
Infrastructure
Overall
S u b-Catego ries
Flood Drain Improvements (031)
Water/Sewer Improvements (03J)
Street Improvements (03K)
Sidewalks (03L)
Tree Planting (03N)
Removal of Architectural Barriers (10)
Privately Owned Utilities (11)
Need Level Units Estimated
Med 10 $1,550,000
High 3 $1,000,000
Med 1 $200,000
High 1 $100,000
Med 3 $200,000
None '" 0 $0
Med 2 $50,000
None 0 $0
Planning & Administration
Overall
Sub-Categories
Need Level Units
Med 0
Estimated
$0
-17-
Community Needs (Page 2)
Public Facilities
Overall
Sub-Categories
Public Facilities and Improvements (Gener (03)
Handicapped Centers (03B)
Neighborhood Facilities (03E)
Parks, Recreational Facilities (03F)
Parking Facilities (03G)
Solid Waste Disposal Improvements (03H)
Fire Stations/Equipment (030)
Health Facilities (03P)
Asbestos Removal (03R)
Clean-up of Contaminated Sites (04A)
Interim Assistance (06)
Non-Residential Historic Preservation (16B)
Public Services
Overall
Sub-Categories
Public Services (General) (OS)
Handicapped Services (058)
Legal Services (05C)
Transportation Services (05E)
Substance Abuse Services (OSF)
Employment Training (OSH)
Health Services (05M)
Mental Health Services (050)
Screening for Lead-Based Paint/Lead Hazar (OSP)
Senior Programs
Overall
Sub-Categories
Senior Centers (03A)
Senior Services (05A)
Need Level
Med
Med
Low
Low
High
Low
None
None
Med
None
None
None
Med
Need Level
Med
Med
Med
Low
High
High
High
Med
Low
None
Need Level
Med
High
Units
19
Units
1,210
SO
125
25
400
65
20
100
25
400
Units
9
Estimated
$910,000
5
1
1
5
1
o
o
1
o
o
o
5
$100,000
$30,000
$30,000
$200,000
$50,000
$0
$0
$100,000
$0
'$0
$0
$400,000 '
Estimated
$610,000
$80,000
$100,000
$40,000
$100,000
$100,000
$100,000
$50,000
$40,000
$0
Estimated ~
$250,000
4
5
$100,000
$150,000
-18-
Community Needs (Page 3)
Youth Programs
Need Level Units Estimated
Overall High 575 $750,000
Sub-Categories
Youth Centers (030) Med 2 $50,000
Child Care Centers (03M) High 2 $100,000
Abused and Neglected Children Facilities (030) Low 1 $0
Youth Services (050) High 500 $500,000
Child Care Services (05L) Med 50 $60,000
Abused and Neglected Children (05N) Low 20 $40,000
Other
Need Level Units Estimated
Overall 10 $950,000
Sub-Categories
Urban Renewal Completion (07) None 0 $0
COSG Non-profit Organization Capacity Sui (19C) None 0 $0
COSG Assistance to Institutes of Higher E (190) None 0 $0
Repayments of Section 108 Loan Principal (19F) Med 5 $450,000
Unprogrammed Funds (22) Med 5 $500,000
-19-
Application for Federal
Assistance
OMB Approval No. 0348-0043
2. Date Submitted (mmfddfyyyy) Applicant Identilier
1. Type of Submission 3. Date Received by State (mmlddlyyyy) State Application Identifier
Application Pre-application
Kl Construction o Construction 4. Date Received by Federal .o,genC'j (mm/dd/yyyy) Federal Identifier
~ Non-Construction o Non-Construction
i~._,"~:;~~11\II~i~11~"i'"
JJ:j~{eomlete~for.in;Hl!JDt42:4f ' ,li; .
L~~;l!~~%~~'ij;i:~{~:\~~i, b. :: ~ :::::: :.:':,7:::",::,:.: :~:.:" 00< ",,'W
'i~C'f.~i'C:."T,":",:~, ,~.'I';:"", ., " :: :;,(;:'~r;;':~.c 17. Is the Applicant Oellnquent on Any Federal Debt?
f,;.,.Y'i2gr~'J!",ln.cC!.me;..:>-. '..,i;""""":"6i7~'ifl 0 Y If "Y " tt hit' IVI N
1':F~!L",'=-3,,;t"-!::-;:<:':'-"';'<::::':''': ...;,.:!:':"";'dr:rj es es, a ac anexpanalon ~ 0
:~~~~~~~j~fA~'~;:~: ' "::'!:;~t~;L:!r~j~~;(8~lrr~t.J~;:.lWi~!fr~
18. To the best of my knowledge and belief, all data in this application/pre-application are true and correct, the document has been duly
authorized by the gov ing body of the applicant and the applicant will comply with the attached assurances if the assistance is awarded.
MJ a. Typed Name at Auth Ize b. Tit c. Telephone Number (Include Area Code)
~\ Bob Y u Mayor (706) 821-1797
~ d. Signature at Author! d R ate Signed (mm/ddl )
~~
form SF-424 (7/97)
Prescribed by OMS Circular A-102
5. Applicant Information
Legal Name
Augusta, Georgia
Address (give city, county, State, and zip code)
One 10th Street, Suite 430
Augusta, GA 30901
6. Employer Identification Number (ElN) (xx-yyyyyyy)
~-I 2204274
8. Type of Application:
1!9 New 0 Continuation 0 Revision
If Revision, enter appropriate letter(s) in box(es): 0 0
A. Increase Award B. Decrease Award C. Increase Duration
D. Decrease Duration Other (speCify)
10. Catalog of Federal Domestic Assistance Number (xx-yyy)
I 14 I-I
218
Tille:
Community Develoment Block Grants/Entitlement Grants
12. Areas Affected by Project (cities, counties, States, etc.)
Augusta, Richrrond County" Geqrgi:S3,
13. Proposed Project
Start Date (mmldd!yyyy)
01/01/03
14. Congressional Districts at
a. Applicant
Ending Date (mmldd!yyyy)
12/31/03
10th
Organizational Unit
Housing & Neighborhood Development Department
Neme and telephone number of the person to be contacted on matters involving this
application (give area code)
Catherine White
(706) 821-1797
7. Type of Applicant (enter appropriate letter in box)
G
A. State
B. County
C. Municipal
D. Township
E. Interstate
F. Inter-municipal
G. Special District
H. Independent School Dist.
I. Slate Controlled Institution of Higher Leaming
9. Name of Federal Agency
Department of Housing & Urban Development
J. Private University
K. Indian Tribe
L Individual
M. Profit Organization
N Nonprofit
o Public Housing Agency
P. Other (Specify)
11, Descriptive Title of Applicant's Project
2003 Community Development Block Grant Program contains
numerous activities designed to improve the existing housing
stock, increase private investment, develop public facilities and
preserve historic structures.
b. Project
10th
16. Is Application Subject to Review by State Executive
1 Order 12372 Process?
a. Yes This pre-application/application was made available
State Executive Order 12372 Process for review on:
to the
Date (mm/ddlyyyy)
Application for Federal
Assistance
OMS Approval NO. 0348-0043
2. Date Submitted (mm/ddlyyyy) Applicant Identifier
1. Type of Submission 3. Date Received by State (mrnlddiyyyy) State Application Identifier
Application Pre-application
rn Construction o Construction 4. Date Received by Federal Agency (mm/dCfyyyy) Federal Identifier
[1g Non-Construction o Non.Construction
'.i:'-
~~~,:~li:;:!~t!
;~':r:.~~o,:,-oi:t:l 17. Is the Applicant Delinquent on Any Federal Debt?
t......"'-'-:'!:., ,':1".'
Jic;::;:;f:~~';':; 0 Yes If .Yes," attach an explanation [XJ No
~~~~t~~~1
5. Applicant Information
Legal Name
Augusta, Georgia
Address (give city. county, State, and zip code)
One 10th Street, Suite 430
Augusta, GA 30901
6. Employer Identification Number (EIN) (xx-yyyyyyy)
~-I 2204274
a Type of Application:
~ New 0 Continuation 0 Revision
If Revision, enter appropriate letter(s) in box(es): 0 0
A. Increase Award B. Decrease Award C. Increase Duration
D. Decrease Duration Other (specify)
10. Catatog of Federal Domeslfc Assistance Number (xx-yyy) ,
I 14 I-I
239
11l1e:
HOME Investment Partnerships Program
12. Areas Affected by Project (cities. counties, States, etc.)
Augusta, Richrrond CoW1ty, C'1€Orgia
Ending Date (mrnlddlyyyy)
12/31/03
14. Congressional Dlstrtcts of
a. Applicant
10th
't:':~;':i';~:'-} ;. .
e;-i:dtheJ:
;:.: ...-.' .
... ...._ . l-:-~' ,--- .
~~)~tae ,"
a. Typed Name ot Authorized
Bob Young
d. Signature of Authorized Re r
Mayor
Previous Edition Usa~ie
Authorized for Local Rep.
Organizational Unit
Housing & Neighborhood Development Department
Name and telephone number of the person to be contacted on matters involving this
application (give area code)
"
Catherine White
(706) 821-1797
7. Type of Applicant (enter appropriate letter in box)
o
A. State
B. County
C. Municipal
D. Township
E. Interstate
F. Inter-municipal
G. Special District
H. Independent School Dlst.
I. State Controlled Institution of Higher Learning
9. Name of Federal Agency
Department of Housing & Urban Development
J. Private University
K. Indian Tribe
L Individual
M. Profit Organization
N Nonprofit
o Public Housing Agency
P. Other (Specify)
11. Descriptive Title of Applicant's Project
2003 HOME Program - To correct substandard housing
conditions and provide new affordable housing to low and
moderate income neighborhoods.
b. Project
10th
16. Is Application Subject to Review by State executive
Order 12372 Process?
a. Yes This pre-application/application was made available to the
Slate Executive Order 12372 Process for review on:
Date (mm/dd/yyyy)
b. No [Rj Program is not covered by E,O. 12372
or 0 Program has not been selected by State for review.
c. Telephone Number (Include Area Code)
(706) 821-1797
e, ~e Signed (mmJddlyyyy)
...Jet.> 7' e-'7n
form SF-424 (7/97)
Prescribed by OMS Circular A-102
Application for Federal
Assistance
OMB Approval No. 0348-0043
2, Date Submitted (mm/ddlyyyy) Applicant Identifier
1. Type of Submission 3. Date Received by State (mmlddlyyyy) State Application Identifier
Application Pre-application
~ Construction 0 Construction 4, Dale Received by Fedaral Agency (mmlddfyyyy) Federal Identifier
IX] Non-Construction o Non-Construction
5. Applicant Information
Legal Name
Organizational Unit
Housing & Neighborhood Development Department
Name and telephone number of the person to be contacted on matters involving this
application (give area code)
Augusta, Georgia
Address (give city, county, State, and zip code)
One 10th Street, Suite 430
Augusta, GA 30901
Catherine White
(706) 821-1797
A. Increase Award B. Decrease Award C. Increase Duration
D. Decrease Duration Other (specify)
A. State
B. County
C. Municipal
D. Township
E. Interstate
F. Inter-municipal
G. Special District
H. Independent School Dist.
I. Slate Controlled Institution of Higher Learning
9. Name of Federal Agency
Department of Housing & Urban Development
J. Private University
K. Indian Tribe
L. Individual
M. Profit Organization
N Nonprofit
o Public Housing Agency
P. Other (Specify)
G
6. Employer Identification Number (EIN) (xx-yyyyyyy)
~-I 2204274
7. Type of Applicant (enter appropriate letter in box)
8. Type of Application:
gg New 0 Continuation 0 Revision
If Revision, enter appropriate letter(s) in box(es): D D
10. Catalog of Federal Domestic Assistance Number (xx-yyy)
I 14 I-I
231
11. Descriptive TItle of Appllcanrs Project
2003 Emergency Shelter Grant Program - Provide assistance to
local homeless services providers to increase services to the
homeless.
TlUe:
Emergency Shelter Grant Program
12, Areas Affected by Profect (cities, counties, States. etc.)
Augusta, Richrrond County!. GeQ;J:'gt~
13. Proposed Project
Start Date (mmlddlyyyy) ending Date (mmlddlyyyy)
01/01/03 12/31/03
15. Estimated Funding
14. Congressional Districts of
a. Applicant
b. Project
10th
10th
16. Is Application Subject to Review by State Executive
Order 12372 Process?
a. Yes This pre-application/application was made available to the
State Executive Order 12372 Process tor review on:
Date (mm/ddlyyyy)
d~
b. No IX] Program is not covered by E.O. 12372
or 0 Program has not been selected by State for review.
g.
18. To the best of my knowledge and belief, all data in this application/pre-application are true and correct, the document has been duly
v ming body of the applicant and the applicant will comply with the attached assurances if the assistance is awarded.
Repre b. Title c. Telephone Number (Include Area Code)
Mayor
(706) 821-1797
I eJ:;..;;.ned (mm/ddlyyyy)
an ~ ~. .J...CtJ~
form SF-424 (7/97)
Prescribed by OMB Circular A-102
Bob You
A-o/d' Signature of Authori d
r ~P'" Previous Edition U ab
AuthOrized for Lo
..
Federal Assistance Funding Matrix
OMS Approval (penCin~
camp lc:ce che certifico.cio ns.
I I
Program~ Applicant Federal State Local I Other Program Total
I
I Share Share Share I ! Income
I
Community Development Slack Grant 01 2'859'00~ I 01 01 I
Program 01 100,00012,959,OC
Emergency Shelter Grant Program 01 99,00C 0 01 99,000 I 01 198,OC
I I I
HOME Investment Partnership 0 1,449,001 01 0 0 150,OooI1,599,OC
Program I I
I I
I
I I
Grand Totals o 4,407,000 0 01 99,000, 250,000 4,756,0(
I I I
'"
For FHIPs, show DOtil initialive md component
instructions forthe HUD-424-M
Public reporting burden lor this collection of information is estimated
to average 45 minutes per response. induding the lime for reviewing
instructions, searching existing data sources, gathering and main-
taining the data needed, and completing and, reviewing the collection
of information. This agency may not conduct or sponsor, and a
person is ilot required to respond to, a collection ot inrormation
unless that collection displays a valid OMS control number.
This lorm is :'J be used by applicants requesting funding from the
Deoartment cf Housing and Urban Development for application
submissions for Federal assistance.
Enter the following information:
Program: The HUD funding program 'IOU are applying under.
Applic::Int Share: '=mer the amount of funds or casn eauivalent of
in-kina comribu,ions you are contributing to your proiec~ or ;Jrogram
of 3.c!ivlties.
Federal Share: Enter the amount of HUD funds you are requestl
with your application.
State Share: Eilter the amount of funds orcash equivalent or in-ki
services the State is contributing to your project or program
activities.
Local Share: Enter the amount of funds or cash equivalent of
kind services your local govemment is contributing to your proiecl
program 01 activities.
ather: Enter the amount of other sources of private. non-profit,
other funds or cash equivalent of in-;.dnd services being coniriow
to your project or program of activities.
Program Income: Enter ,he amount ot program income you exp
to generate and contribute to this orogram ovenhe life at your awa
Total: Please ,mal all columns 3i'd fill in the amounts.
,.\uthorizso tor local reproduction
P3ge"l
torm HUO-<>+-M \ 1/20
:er.C1'JiS :'::irculi!r ,"'.-
CERTIFICATIONS
In accordance with the applicable statutes and the regulations governing the Housing and
Community Development Plan regulations, the jurisdiction certifies that:
Affirmatively Further Fair Housing -- The jurisdiction will affirmatively further fair housing,
which means it will conduct an analysis of impediments to fair housing choice within the
jurisdiction, take appropriate actions to overcome the effects of any impediments identified through
that analysis, and maintain records reflecting that analysis and actions in this regard.
Anti-displacement and Relocation Plan -- It will comply with the acquisition and relocation
requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970, as amended, and implementing regulations at 49 CFR 24; and it has in effect and is following
a residential antidisplacement and relocation assistance plan required under section 1 04( d) of the
Housing and Community Development Act of 1974, as amended, in connection with any activity
assisted with funding under the CDBG or HOME programs.
Drug Free Workplace- It will or will continue to provide a drug-free workplace by:
I. Publishing a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession, or use of a controlled substance is prohibited in
the grantee's workplace and specifying the actions that will be taken against
employees for violation of such prohibition;
2. Establishing an ongoing drug-free awareness program to inform employees about-
(a) The dangers of drug abuse in the workplace;
(b) The grantee's policy of maintaining a drug-free workplace;
( c) Any available drug counseling, rehabilitation, and employee assistance
programs; and
(d) The penalties that may be imposed upon employees for drug abuse violations
occurring in the workplace;
3. Making it a requirement that each employee to be engaged in the performance of the
grant be given a copy of the statement required by paragraph 1;
4. Notifying the employee in the statement required by paragraph I that, as a condition
of employment under the grant, the employee will -
(a) Abide by the terms of the statement; and
(b) Notify the employer in writing of his or her conviction for a violation of a
criminal drug statute occurring in the workplace no later than five calendar
days after such conviction;
5. Notifying the agency in writing, within ten calendar days after receiving notice
under subparagraph 4(b) from an employee or otherwise receiving actual notice of
such conviction. Employers of convicted employees must provide notice, including
position title, to every grant officer or other designee on whose grant activity the
convicted employee was working, unless the Federal agency has designated a central
point for the receipt of such notices. Notice shall include the identification
number( s) of each affected grant;
6. Taking one of the following actions, within 30 calendar days of receiving notice
under subparagraph 4(b), with respect to any employee who is so convicted -
(a) Taking appropriate personnel action against such an employee, up to and
including termination, consistent with the requirements of the Rehabilitation
Act of 1973, as amended; or
(b) Requiring such employee to participate satisfactorily in a drug abuse
assistance or rehabilitation program approved for such purposes by a
Federal, State, or local health, law enforcement, or other appropriate agency;
7. Making a good faith effort to continue to maintain a drug-free workplace through
implementation of paragraphs 1, 2,3,4,5 and 6.
Anti-Lobbying -- To the best of the jurisdiction's knowledge and belief:
1. 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;
2. 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 an 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
2
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0/
3. It will require that the language of paragraph 1 and 2 of this anti-lobbying
certification be included in the award documents for all subawards at all tiers
(including subcontracts, sub grants, and contracts under grants, loans, and
cooperative agreements) and that all subrecipients shall certify and disclose
accordingly.
Authority of Jurisdiction - The consolidated plan is authorized under State and local law (as
applicable) and the jurisdiction possesses the legal authority to carry out the programs for which it is
seeking funding in accordance with applicable HUD regulations.
Consistency with Plan -- The housing activities to be undertaken with CDBG, HOlVIE, ESG, and
HOPW A funds are consistent with the strategic plan.
Section 3 -- It will comply with section 3 of the Housing and Urban Development Act of 1968, and
implementing regulations at 24 CFR Part 135.
~e?J}~ 5/~iJ:L
.
Date
Mayor
Title
3
. '
Specific CDBG Certifications
The Entitlement Community certifies that:
Citizen Participation - It is in full compliance and following a detailed citizen participation plan
that satisfies the requirements of24 CFR 91.105.
Community Development Plan - It's consolidated housing and community development plan
identifies community development and housing needs and specifies both short and long-term
community development objectives that provide decent housing, expand economic opportunities
primarily for persons of low and moderate income. (See CFR 24 570.2 and CFR 24 570)
Following a plan - It is following a current consolidated plan (or Comprehensive Housing
Affordability Strategy) that has been approved by HUD.
Use of Funds - It has complied with the following criteria:
1. Maximum Possible Priority. With respect to activities expected to be assisted with CDBG
funds, it certifies that it has ,developed its Action Plan so as to give maximum feasible
priority to activities which benefit low and moderate income families or aid in the
prevention or elimination of slums or blight. The Action Plan may also include activities
which the grantee certifies are designed to meet other community development needs having
a particular urgency because existing conditions pose a serious and immediate threat to the
health or welfare of the community, and other financial resources are not available.
2. Overall Benefit. The aggregate use of CDBG funds include section 108 guaranteed loans
during program year(s) 2003, one (a period specified by the grantee consisting of one, two,
or three specific consecutive program years), shall principally benefit persons of low and
moderate income in a manner that ensures that at least 70 percent of the amount is expended
for activities that benefit such persons during the designated period;
3. Special Assessments. It will not attempt to recover any capital costs of public
improvements assisted with CDBG funds including Section 108 loan guaranteed funds 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. However, if CDBG funds are used to pay the
proportion of fee or assessment that relates to the capital costs of public improvements
(assisted in part with CDBG funds) financed from other revenue sources, an assessment or
charge may be made against the property with respect to the public improvements financed
by a source other than CDBG funds.
4
The jurisdiction will not attempt to recover any capital costs of public improvements
assisted with CDBG including Section 108, unless CDBG funds are used to pay the
proportion of fee or assessment attributable to the capital costs of public improvements
financed from other revenue sources. In this case, and assessment or charge may be made
against the property with respect to the public improvements fmanced by a source other than
CDBG funds. Also, in case of properties owned and occupied by moderate income (not low
income) families, an assessment or charge may be made against the property for public
improvements financed by a source other than CDBG funds if the jurisdiction certifies that it
lacks CDBG funds to cover the assessment.
Excessive Force - It has adopted and is enforcing:
1. A policy prohibiting the use of excessive force by law enforcement agencies within
its jurisdiction against any individuals engaged in non-violent civil rights
demon~ations;and
2. A policy of enforcing applicable State and local laws against physically barring
entrance to or exit from a facility or location which is the subject of such non-violent
civil rights demonstrations within its jurisdiction;
Compliance With Anti-discrimination Laws - The grant will be conducted and administered in
conformity with title VI of the Civil Rights Act of 1964 (42 USC 2000d), the Fair Housing Act (42
USC 3601-3619), and implementing regulations.
Lead-Based Paint -- Its notification, inspection, testing and abatement procedures concerning lead-
based paint will comply with 570.607;
Compliance with Laws -- It will comply with applicable laws.
m
~e;t)6i::~ ~ ~O~
Date
Mayor
Title
5
f,
ESG Certifications
The Emergency Shelter Grantee certifies that:
Match -- It will provide the matching supplemental funds required by 575.51. Describe the sources
and amounts of the supplemental funds.
Agency Match
Augusta Task Force for the Homeless $ 8,000
Augusta Urban Ministries $ 15,750
Beulah Grove $ 11 ,722
CSRA BOA $ 11,722
Catholic Social Services $ 10,000
Coordinated Health Services $ 10,000
Golden Harvest Food Bank $ 15,084
Interfaith Hospitality $ 11,722
Salvation Army $ 5,000
Total Match $ 99,000
Each ESG Subrecipient is required to match the grant amount allocated to them. The required
match will be provided by a combination of the following: Private donations. church donations.
membership drives. fund raising events. and volunteer hours.
Terms of Assistance -- It will comply with:
(1) The requirements of 575.53 concerning the continued use of buildings, for which
emergency shelter grant amounts are used, as emergency shelters for the homeless;
(2) The building standards requirements of575.55; and
(3) The requirements of 575.57 concerning assistance to the homeless.
Non-profit Subrecipients -- It will conduct its emergency shelter grant activities and the unit of
general local government will ensure that nonprofit recipients conduct their activities in conformity
with the nondiscrimination and equal opportunity requirements contained in 575.5 9( a) and the other
requirements of this part and of other applicable Federal law.
Use of Commercial Buildings - If grant amounts are proposed to be used to provide emergency
shelter for the homeless in hotels or motels, or other commercial facilities providing transient
housing:
(1) The grantee or nonprofit recipient has executed (or will execute) an agreement with
6
the provider of such housing that comparable living space, in terms of quality,
available amenities, and square footage, will be available in the facility for use as
emergency shelter for at least applicable period specified in 575.53;
(2) Leases negotiated between the grantee or nonprofit recipient with the provider of
such housing will make available such living space at substantially less than the
daily room rate otherwise charged by the facility; and
(3) The grantee or nonprofit recipient has considered using other facilities as emergency
shelters, and has determined that the use of such living space in the facilities
provides the most cost-effective means of providing emergency shelter for the
homeless in its jurisdiction.
Environmental- It assures that no renovation, major rehabilitation, or conversion activity funded
through the Emergency Shelter Grant Program will:
(1)
Involve alterations to a property that is listed on the National Register of Historic
Places, is located in a historic district or is immediately adjacent to a property that is
listed on the Register, or is deemed by the State Historic Preservation Officer to be
eligible for listing on the Register;
(2)
Take place in any lOO-year flood plain designated by map by the Federal
Emergency Mai:1agement Agency; or
(3)
Be inconsistent with HUD environmental standards in 24 CFR part 51 or with the
State's Coastal Zone Managementplan.
"
~mJlJt:~ 3~ ~.l..
Date .
Mayor
Title
7
-
Specific HOME Certifications
The HOME participatingjurisdiction certifies that:
Tenant Based Rental Assistance -- If the participating jurisdiction intends to provide tenant-based
rental assistance:
The use of HOME funds for tenant-based rental assistance is an essential element of
the participating jurisdiction's annual approved housing strategy for expanding the
supply, affordability, and availability of decent, safe, sanitary, and affordable
housing.
Eligible Activities and Costs - It is using and will use HOME funds for eligible activities and
costs, as described in 24 CFR 92.205 through 92.209 and that it is not using and will not use
HOME funds for prohibited activities, as described in 92.214.
Appropriate Financial Assistance - Before committing any funds to a project, it will evaluate the
project in accordance with the guidelines that it adopts for this purpose and will not invest any more
HOME funds in combination with other Federal assistance that is necessary to provide affordable
housing.
.J'e.p, em ~ ~ -i )IJ/;:J,;
Date
Mayor
Title
8
"
HOPW A Certifications
The HOPW A grantee certifies that:
Activities -- Activities funded under the program will meet urgent needs that are not being met by
available public and private sources.
Building -- Any building or structure assisted under that program shall be operated for the purpose
specified in the plan:
1. F or at lease 10 years in the case of assistance involving new construction, substantial
rehabilitation, or acquisition of a facility.
2. F or at least 3 years in the case of assistance involving non-substantial rehabilitation or repair
of a building or structure.
~0lJ:za 3/ ;M~:V
Date '
Mayor
Title
9
:\. ...J ~ ~
APPENDIXTO CERTIFICATIONS
INSTRUCTIONS CONCERNING LOBBYING AND DRUG-FREE WORKPLACE
REQUIREl\tIENTS:
A. Lobbvine: 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 for
making or entering into this transaction imposed by section 1352, title 31, U.S. 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.
B. Drue:-Free Workplace Certification
1. By signing and/or submitting this application or grant agreement, the grantee is
providing the certification.
2. The certification is a material representation of fact upon which reliance is placed
when the agency awards the grant. If it is later determined that the grantee
knowingly rendered a false certification, or otherwise violates the requirements of
the Drug-Free Workplace Act, HUD, in addition to any other remedies available to
the Federal Government, may take action authorized under the Drug-Free
Workplace Act.
3. For grantees other than individuals, Alternate I applies. (This is the information to
which entitlement grantees certify).
4. For grantees who are individuals, Alternate II applies. (Not applicable to CDBG
Entitlement grantees).
5. Workplaces under grants, for grantees other than individuals, need not be identified
on the certification know, they may be identified the grant application. lfthe grantee
does not identify the workplaces at the time of application, or upon award, if there is
no application, the grantee must keep the identity of the workplace(s) on file in its
office and make the information available for Federal inspection. Failure to identify
all known workplaces constitutes a violation of the grantee's drug-free workplace
requirements.
6. Workplace identifications must include the actual address of buildings (or parts of
buildings) or other sites whe re work under the grant takes place. Categorical
descriptions may be used (e.g., all vehicles of a mass transit authority or State
10
,:',,~ . '~
highway department while in operation, State employees ill each local
unemployment office, performers in concert halls or radio stations).
7. If the workplace identified to the agency changes during the performance of the
grant, the grantee shall inform the agency of the change( s), if it previously identified
the workplaces in question (see paragraph five).
8. The grantee may insert in the space provided below the site(s) for the performance
of work done in connection with the specific grant:
Place of Performance (Street address, city, county, state, zip code)
Housing & Neighborhood Development Department
One Tenth Street, Suite 430
Augusta, Georgia 30901
Check -1L if there are workplaces on fIle that are not identified here: The certification with regard
to the drug-free workplace required by 24 CFR part 24, subpart F.
9. Definitions of terms in the Nonprocurement Suspension and Debarment common
rule and Drug-Free Workplace common rule apply to this certification. Grantees'
attention is called, in particular, to the following definitions from these rules:
"Controlled substance" means a controlled substance in Schedules I through V of the Controlled
Substances Act (21 U.S. C.812) and as further defined by regulation (21 CFR 1308.11 through
1308.15);
"Conviction" means a finding of guilt (including a plea of nolo contendere) or imposition of
sentence, or both, by any judicial body charged with the responsibility to determine violations of the
Federal or State criminal drug statutes;
"Criminal drug statute" means a Federal or non-Federal criminal statute involving the manufacture,
distribution, dispensing, use, or possession of any controlled substance;
"Employee" means the employee of a grantee directly engaged in the performance of work under a
grant, including: (i) All "direct charge" employees; (ii) all "indirect charge" employees unless their
impact or involvement is insignificant to the performance of the grant; and (iii) temporary personnel
and consultants who are directly engaged in the performance of work under the grant and who are
not on the grantee's payroll. this definition does not include workers not on the payroll of the
grantee (e.g., volunteers, even if used to meet a matching requirement; consultants or independent
contractors not on the grantee's payroll; or employees of subrecipients or subcontractors in covered
workplaces).
11
CONTRACT BETWEEN AUGUSTA, GEORGIA
AND
GOLDEN HARVEST FOOD BANK, INC.
FOR
YEAR 2003 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
CC~[?}f
L.
THIS AGREEMENT, made and entered into on this 1st day of January, 2003, by and between
AUGUSTA, GEORGIA, by and through the Augusta-Richmond County Commission, as the
Implementor of the Community Development Block Grant Program (hereinafter referred to as
"Grantee"), and GOLDEN HARVEST FOOD BANK, INC., (hereinafter referred to as the
"Subrecipient").
. _WHEREAS, the Grantee has received a Community Development Block Grant from the United
States Department of Housing and Urban Development (HUD) under Title I of the Housing and
Community Development Act of 1974, as amended (42 USC 5301 et seq.) (the Act); and
WHEREAS, pursuant to such Grant, the Grantee is undertaking certain programs and services
necessary for the planning, implementation and execution of such a Community Development Block
Grant Program; and
WHEREAS, the Grantee desires to engage the Subrecipientto render certain services, programs,
or assistance in connection with such undertakings of the Community Development Block Grant
Program, situated in the Project Area described in Appendix A.
NOW, THEREFORE, the parties hereto do mutually agree as follows:
1. SCOPE OF SERVICE
The Subrecipient shall perform all the necessary services provided under this Contract in
accordance with and respecting the following project:
Brown Bag Program
The purpose of the program is to provide food to low-income senior citizens. 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. 2003 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 December 31. 2003, or until this Agreement is otherwise
terminated.
1;;'
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 H U D 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.
2
3. KEY PERSONNEL
a. Subrecipient shall assign to this Contract the following key personnel:
(1) Michael J. Firmin, 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 $21.587.00 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
3
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
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
Cooperative Agreements to State and Local Governments," specified at 24 CFR 570.502(a). If the
4
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," 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 CDBG
funds.
11. INDIRECT COSTS
Indirect costs will only be paid if Subrecipient has an indirect cost allocation plan approved by the
Department of Housing and Urban Development prior to the execution of this Contract.
12. TRAVEL
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,
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
5
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 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 quarterly progress reports and any other
reports that may be specified in Appendix D.
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, 2004. 0
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 OMS Circular A-133. However, if
an audit is not required, the Subrecipient agrees to provide an annual financial report to the
Grantee.
d. ACCESS TO RECORDS
The Subrecipient agrees 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 AGREEM ENT
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.
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
the rights. privileges, or benefits of Grantee employees. The Subrecipient shall be deemed
8
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 CDBG
activities shall be transferred to the Grantee for the Community
Development program or shall be retained after submitting
compensation to the Grantee for the Community Development
program, and
(c) Compensation for items of equipment or personal property retained
or sold shall be an amount calculated by multiplying the current
market value or proceeds from sale by the percentage of CDBG
funds provided on the original costs of equipment or personal
property.
(3) Management and Requirements. Procedures for managing equipment
(including replacement equipment) and personal property, whether acquired
in whole or in part with grant funds, until disposition takes place shall, as a
minimum, meet the following requirements:
(a) Written notification must be given to the 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
9
description of the property, a serial number or other identification
number, the source of property, who holds title, the acquisition date
and cost of the property, percentage of CDBG funds in the cost of
the property, the location, use and condition of the property, and any
ultimate disposition data including the date of disposal and sale price
of the property.
(b) A physical inventory of the property must be taken and the results
reconciled with the property records at least once a year.
(c) A control system must be developed to ensure adequate safeguards
to prevent loss, damage or theft of the property. Any loss, damage
or theft shall be investigated by the Subrecipient and reported to the
Grantee.
(d) Adequate maintenance procedures must be developed to keep the
property in good condition.
(e) If the Subrecipient is authorized or required to sell the property,
proper sales procedures must be established to enS!ure the highest
possible return.
n. OWNERSHIP AND USE OF REAL PROPERTY
(1) Use and Disposition. In accordance with 24 CFR 570.503(a)(8), any real
property under the Subrecipient's control that was acquired or improved in
whole or in part with CDBG funds shall meet the following requirements:
(a) Used to meet one of the national objectives in 24 CFR 570.208 in
perpetuity. The Grantee or its designee may, at its discretion,
amend the term, but it shall never be less than five years for any real
property acquired or improved in whole or in part using CDBG funds
in excess of $25,000; or
(b) Disposed of in a manner that results in the Grantee being reimbursed
in the amount of the current fair market value of the property less any
portion of the value attributable to expenditures of non-CDBG funds
for acquisition, or improvement of the property.
(2) Change in Use. In the case of acquisition, or improvement of real property,
prior to any change in use of the real property or planned use of any such
property (including beneficiaries of such use) from its original approved
purposed, the Subrecipient shall notify the Grantee in writing for the
Grantee's written prior approval to the change of use. The calculation of any
funds and/or monies which may be due hereunder as a result of any change
in use shall be made at the sole discretion of the Grantee or its designee
and this provision shall apply to the property in perpetuity unless the term is
amended in writing by the Grantee.
10
(3) Program Benefit. The Subrecipient agrees that the funds, plus any monies
contemplated by 24 CFR 570,503(a)(8) shall be returned to the Grantee, if,
in the determination of the Grantee, the program benefit requirements for
use of real property, are not met by the Subrecipient at any time. The
calculation of any funds and/or monies which may be due hereunder shall
be determined solely by the Grantee.
(4) 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.
(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
11
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 Subreclpient 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) I n 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,
includingsanctions 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,
12
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 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.
13
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 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.
14
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
politic::al 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
15
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 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
16
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 $100,000 for each 'such failure.
n. Provisions Required by Law Deemed Inserted
Each and every provision of law and clause required by law to be inserted in this Contract shall be
deemed to be inserted herein and the contract shall be read and enforced as though it were
included herein, and if through mistake or otherwise any such provision is not inserted, or is not
correctly inserted, then upon the application of either party the contract shall forthwith be physically
amended to make such insertion or correction.
o. HISTORIC PRESERVATION
If applicable, the Subrecipient agrees to comply with the Historic Preservation requirements set
forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the
procedures set forth in CFR, Part 800, Advisory Council of Historic preservation Procedures for
Protection of Historic properties, insofar as they apply to the performance of this contract.
In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation
and demolition of historic properties that are fifty years old or older or that are included on a
Federal, State, or local historic property list.
21. MISCELLANEOUS
a. This Agreement shall be governed by and construed according to the laws of the
State of Georgia.
b. Time shall be of the essence to this Contract, except where it is herein specifically
provided to the contrary. Subrecipient shall provide the scope of services in
accordance with the schedule set forth in Appendix B.
17
IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first written
above.
ATTEST:
SEAL
~~
11; tV ~$/!{ l
Le J. onner
Clerk of Commission
ATTEST:
SEAL
c---
g~~
As its Corporat Secretary
u~Jrfl~
(Plain Witness) ,
AUGUSTA, GEORGIA
~ntee)o-<-
Bob
As its
fY:
,
GOLDEN HARVEST FOOD BANK. INC.
(Subrecipient)
By:~/~
, Mithael J. Firmin
As its President
18
APPENDIX A
Proiect Area
The project is located at 3310 Commerce Drive, Augusta, Georgia 30906.
APPENDIX B
Goals. Obiectives, and Tasks
Project goals:
1. To keep senior citizens from skipping meals because of a lack of access to food.
2. To supplement the diets of seniors with nutritious food each month.
3. To maintain a full roster of Augusta-Richmond County seniors in the program.
The purpose of the Brown Bag Program is to provide food to supplement the diets of income-
eligible low income seniors by supplying bags of nutritious food. Brown bags containing 17-lbs. of
supplemental food is provided to seniors on a monthly basis. Volunteer member agencies pick up
bulk food and prepare 17 -Ibs. "brown bag" to be picked up at 14 distribution sites on a regular
schedule once a month by seniors. The sites are as follows:
· Senior Citizens Center - 535 15th Street
· Ervin Towers - 1365 Laney Walker Blvd.
· Peabody Apartments - 1425 Walton Way
· Hall Powell Apartments - 2244 Broad Street
· Blythe United Methodist Church - 2048 Broad Street
· Greater Young Zion Missionary Baptist Church - 405 Sand Bar Ferry Road
· Richmond County EOA - 333 Telfair Street
· M.M. Scott Allen Homes - 825 Spruce Street
· New Hope Community Center - 1336 Conklin Avenue
· Light of the World Outreach Ministry -1880 Alabama Road
· JWC Helping Hands - 2050 Bolt Drive
· Shiloh Comprehensive Community Center - 1635 15th Street
'" Belle Terrace - 2463 Golden Camp Road
· Hephzibah Senior Center - 4681 Windsor Spring Road
During year 2003, 840 seniors will be provided Brown Bags. Files shall be maintained for each
person assisted. Each file shall contain, but is not limited to income data and verification,
application for services, record and description of services provided and fees charged, if any.
Community Development Block Grant funds will be used to pay for food.
19
APPENDIX C
Budqet
Food
$21,587.00
APPENDIX D
ReDortinq Requirements
The Subrecipient shall submit to the Grantee the following reports for the term of this agreement.
1. Quarterly Progress Reports
Due April 15, 2003, July 15, 2003, October 15, 2003 and January 15, 2004.
2. Annual Report (January 30,2004)
3. Audit Report (Due 30 days after completion of audit).
ATTACHMENT #1
ReQulations. Circulars & Local Procurement Policv
1. Community Development Block Grant Entitlement Program 24 CFR 570
2. OMB Circular A-122
"Cost Principles for Non-Profit Organizations"
3. OMB 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
1. Reimbursement Request
2. Quarterly Progress Report
3. AnnualReport
4. Income Verification
20
:,
CONTRACT BETWEEN AUGUSTA, GEORGIA
AND
30901 DEVELOPMENT COPRPORA TION, INC.
FOR
YEAR 2003 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
t~~y
THIS AGREEMENT, made and entered into on this 1 st day of January 2003, by and between
AUGUST A, 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 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:
Teens About Change Program
The purpose of the program is to expose low income youths to cultural and educational
extracurricular activities that they normally would not have access to because of limited finances.
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. 2003 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 December 31, 2003, 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-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
2
(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) Francine E. Cayruth, Chief Operation Officer
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 oreach 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 $12.952.00 for full performance of the
services specified under this Agreement. Any cost above this amount shall be the sole
responsibility of the Subrecipient. Subrecipient shall submit monthly requests for payments to the
Housing and Neighborhood Development (HND) Department. Compensation shall be allowed on
a reimbursement basis, only after expenditures have been incurred by the Subrecipient and proper
supporting documentation has been submitted in conformity with the approved and executed
budget document which is attached to this Contract as Appendix C, incorporated herein by
reference. In every case, payment will be made subject to receipt of a reimbursement request for
payment from the Subrecipient specifying and certifying that such expenses have been incurred
and expended in conformance with this Contract and that the 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
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, OMB Circular A-87, "Principles for Determining Costs
Applicable to Grants and Contracts with State, Local and Federally-Recognized Indian Tribal
Governments;" OM B Circular A-128, "Audits of State and Local Governments" (implemented at 24
CFR 44); and the sections of 24 CFR 85, "Uniform Administrative Requirements for Grants and
Cooperative Agreements to State and Local Governments," specified at 24 CFR 570.502(a). If the
Subrecipient is not a government agency, OMB Circular A-122, "Cost Principles for Non-Profit
Organizations," or OMB Circular A-21 , "Cost Principles for Educational Institutions," as applicable;
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 CDBG
funds.
11. INDIRECT COSTS
Indirect costs will only be paid if Subrecipient has an indirect cost allocation plan approved by the
Department of Housing and Urban Development prior to the execution of this Contract.
12. TRAVEL
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
5
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.
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 rect:!ives 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.
6
/
/
19. GENERAL TERMS AND CONDITIONS
a. REPORTS
The Subrecipient agrees to submit to Grantee quarterly progress reports and any other
reports that may be specified in Appendix D.
b. CLIENT DATA
Subrecipient agrees to maintain racial, ethnic, gender, head of household, household
income, and household size data showing the extent to which these categories of persons
have participated in, or benefited from the project, and to submit this information to the
Grantee by January 30, 2004.
c. RECORDS TO BEMAINTAINED
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 OMS Circular A-133. However, if
an audit is not required, the Subrecipientagrees to provide an annual financial report to the
Grantee.
d. ACCESS TO RECORDS
The Subrecipient agrees that the Grantee or any authorized representative has access to
and the right to examine all records, books, papers, or documents related to the project.
e. 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,
7
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, agreesto 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.
s
k. INDEPENDENT CONTRACTOR
Nothing contained in this Agreement is intended to, or shalf 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 $100,000, the Subrecipientshalf follow
Augusta-Richmond County's procurement procedures which reflects applicable state and
local laws and regulations. For purchases of $1 00,000 or more, federal laws, regulations
and standards apply.
m. EQUIPMENT AND PERSONAL PROPERTY
(1) Use. Equipment and personal property shall be used by the Subrecipient
in the program or project for which it was acquired as long as need, whether
or not the project or program continues to be supported by Federal funds.
(2) Disposition. When no longer needed for the original program 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 shalf be
program income, and
(b) Personal property not needed by the Subrecipient for CDBG
activities shalf be transferred to the Grantee for the Community
Development program or shall be retained after submitting
compensation to the Grantee for the Community Development
program, and
(c) Compensation for items of equipment or personal property retained
or sold shall be an amount calculated by multiplying the current
market value or proceeds from sale by the percentage of CDBG
funds provided on the original costs of equipment or personal
property.
(3) Management and Requirements. Procedures for managing equipment
(including replacement equipment) and personal property, whether acquired
9
/
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 CDBG funds in the cost of
the property, the location, use and condition of the property, and any
ultimate disposition data including the date of disposal and sale price
of the property.
(b) A physical inventory of the property must be taken and the results
reconciled with the property records at least once a year.
(c) A control system must be developed to ensure adequate safeguards
to prevent loss, damage or theft of the property. Any loss, damage
or theft shall be investigated by the Subrecipient and reported to the
Grantee.
(d) Adequate maintenance procedures must be developed to keep the
property in good condition.
(e) If the Subrecipient is authorized or required to sell the property,
proper sales procedures must be established to ensure the highest
possible return.
n. OWNERSHIP AND USE OF REAL PROPERTY
(1) Use and Disposition. In accordance with 24 CFR 570.503(a)(8), any real
property under the Subrecipient's control that was acquired or improved in
whole or in part withCDBG funds shall meet the following requirements:
(a) Used to meet one of the national objectives in 24 CFR 570.208 in
perpetuity. The Grantee or its designee may, at its discretion,
amend the term, but it shall never be less than five years for any real
property acquired or improved in whole or in part using CDBG funds
in excess of $25,000; or
(b) Disposed of in a mannerthat results in the Grantee being reimbursed
in the amount of the current fair market value of the property less any
portion of the value attributable to expenditures of non-CDBG funds
for acquisition, or improvement of the property.
(2) Change in Use. In the case of acquisition, or improvement of real property,
prior to any change in use of the real property or planned use of any such
10
i'
property (including beneficiaries of such use) from its original approved
purposed, the Subrecipient shall notify the Grantee in writing for the
Grantee's written prior approval to the change of use. The calculation of any
funds and/or monies which may be due hereunder as a result of any change
in use shall be made at the sole discretion of the Grantee or its designee
and this provision shall apply to the property in perpetuity unless the term is
amended in writing by the Grantee.
(3) Program Benefit. The Subrecipient agrees that the funds, plus any monies
contemplated by 24 CFR 570.503(a)(8) shall be returned to the Grantee, if,
in the determination of the Grantee, the program benefit requirements for
use of real. property, are not met by the Subrecipient at any time. The
calculation of any funds and/or monies which may be due hereunder shall
be determined solely by the Grantee.
(4) 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.
(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,
11
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
Subrecipient may request the United States to enter into such litigation to
protect the interests of the United States.
12
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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 benefrt 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
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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 use 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,
14
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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
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
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, .
.
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 RelocationAssistance and Real Property
Acquisition Policies Act of 1.970, 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
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Federal Contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-
LLL, "Disclosure Form to Report Lobbying" in accordance with its instructions; and
It will require that the language of this paragraph M be included in the award documents for all
subawards at all tiers (including subcontractors, subgrants, and contracts under grants, loans, and
cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by Section 1352, Title 31, United States Code. Any person
who fails to file the required certification shall be subject to a civil penalty of not less than $10,000
and not more than $100,000 for each such failure.
n. Provisions Required by Law Deemed Inserted
Each and every provision of law and clause required by law to be inserted in this Contract shall be
deemed to be inserted herein and the contract shall be read and enforced as though it were
included herein, and if through mistake or otherwise any such provision is not inserted, or is not
correctly inserted, then upon the application of either party the contract shall forthwith be physically
amended to make such insertion or correction.
o. HISTORIC PRESERVATION
If applicable, the Subrecipient agrees to comply with the Historic Preservation requirements set
forth 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:
SEAL
tJ;(J{~/
La. Bonner
Clerk of Commission
ATTEST:
s~ .
~ &~
Ayanr;r'a Burns
As its Corgorate Secretary
'" ~!! tIllJtLJtu
(Plain Witness)
~BY
AUGUSTA, GEORGIA
(Grantee)
~d~6
As its Mayo
30901 DEVELOPMENT CORPORATION, INC.
(Subrecipient)
By: ~ .J:l~
/ Dr. Sam Davis
As its President
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APPENDIX A
Proiect Area
The project is located at the W. T. Johnson Center, 1610 Hunter Street, Augusta, Georgia 30901.
APPENDIX B
Goals, Obiectives. and Tasks
Teens About Change (T.A.C.) is a program 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 area low to moderate income youths.
Project objectives:
1. To provide cultural and educational programs primarily for youth from low-to-moderate
income families.
2. To curtail risk factors such as truancy, school failure, teen pregnancy, and drug and alcohol
usage.
3. To broaden the horizons of area youth by providing opportunities otherwise their families
could not afford.
4. To provide alternative programs that will nurture talents and pave avenues that may lead
to productive life styles.
Subrecipient shall administer the TAC Program for low to moderate income youths at the W.T.
Johnson Center. Lower income youths ages 11-18 will participate in cultural and educational
activities to include but are not limited to: Art Classes, African and Modern Dance, Gymnastics,
Self-Defense Classes, SAT Preparation, Georgia High School Basic Skills Test Preparations,
Foreign Language Development, Culinary Classes, College Tours, Life Skills/Health Education
Classes, and Sex Education.
For professional services, Subrecipient will contract and/or collaborate with the Art Factory, Cutno
Dance Studio, certified teachers for SAT Prep and Georgia High Schools Basic Skills Test,
Richmond County Health Department and Georgia Extension Services. Other activities include field
trips to area colleges, Carolwinds, camping, and participation in the Team Building Ropes Course,
which strengths youths socialization and team building skills.
Community Development Block Grant funds will be used to provide scholarships for 25 low to
moderate income youths at $70.00 per youth per week for seven weeks, program supplies and field
trip expenses. Files shall be maintained for each youth assisted. Each file shall contain, but is not
limited to income data and verification, application for program, record and description of activities
provided, fees charged, attendance records and performance evaluations.
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APPRENDIX C
Budqet
Scholarships
Program Supplies & Field Trips
$12,250.00
$ 702.00
$12,952.00
TOTAL
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 April 15, 2003, July 15, 2003, October 15, 2003 and January 15, 2004.
2. Annual Report (Due January 30, 2004)
3. Audit Report (Due 30 days after completion of audit).
ATTACHMENT #1
Requlations. Circulars & Local Procurement Policv
1. Community Development Block Grant Entitlement Program 24 CFR 570
2. OMB Circular A-122
"Cost Principles for Non-Profit Organizations"
3. 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
A TT ACHMENT #2
Forms
1. Reimbursement Request
2. Quarterly Progress Report
3. Annual Report
4. Time Sheet
5. Travel Log
6. CDBG Income Verification
20
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to)[P)f
CONTRACT BETWEEN AUGUSTA, GEORGIA
AND
AUGUSTA TASK FORCE FOR THE HOMELESS, INC.
FOR
YEAR 2003 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
THIS AGREEMENT, made and entered into on this ~day of January 2003, 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 TASK FORCE FOR THE HOMELESS, INC., (hereinafter referred to
as the "Subrecipient").
WHEREAS, the Grantee has received a Community Development Block Grant from the United
States Department of Housing and Urban Development (HUD) under Title I of the Housing and
Community Development Act of 1974, as amended (42 USC 5301 et seq.) (the Act); and
WHEREAS, pursuant to such Grant, the Grantee is undertaking certain programs and services
necessary for the planning, implementation and execution of such a Community Development Block
Grant Program; and
WHEREAS, the Grantee desires to engage the Subrecipientto 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:
"Homeless Centralized Case Management and Services Program"
The purpose of the program is provide centralized case management and other direct
services to homeless persons and persons at-risk of becoming homeless. 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, 2003, 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 December 31, 2003, 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 the terms of this Agreement.
2
3. KEY PERSONNEL
a. Subrecipient shall assign to this Contract the following key personnel:
(1) Joan S. Stoddard, 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 $39,635.00 (CDBG $8,635 + R-UDAG
$31,000) 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
3
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.
. ~
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
Cooperative Agreements to State and Local Governments," specified at 24 CFR 570.502(a). If the
4
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.
11. INDIRECT COSTS
Indirect costs will only be paid if Subrecipient has an indirect cost allocation plan approved by the
Department of Housing and Urban Development prior to the execution of this Contract.
12. TRAVEL
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,
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
5
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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 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 quarterly progress reports and any other
reports that may be specified in Appendix D.
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, 2004.
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, the Subrecipient agrees to provide an annual financial report to the
Grantee.
d. ACCESS TO RECORDS
The Subrecipient agrees that the Grantee or any authorized representative has access to
and the right to examine all records, books, papers, or documents related to the project.
e. 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 USC 794) (and the implementing regulations at 24
CFR 8), the Americans with Disabilities Act of 1990 (PL 101-336), and all state and local
laws requiring physical and program accessibility to people with disabilities, and agrees to
defend, hold harmless, and indemnify the Grantee from and against any and all liability for
any noncompliance on the part of the Subrecipient.
k. INDEPENDENT CONTRACTOR
Nothing contained in this Agreement is intended to, or shall be construed in any 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
the rights, privileges, or benefits of Grantee employees. The Subrecipient shall be deemed
8
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, theSubrecipient 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-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 to the Grantee for the Community
Development program or shall be retained after submitting
compensation to the Grantee for the Community Development
program, and
(c) Compensation for items of equipment or personal property retained
or sold shall be an amount calculated by multiplying the current
market value or proceeds from sale by the percentage of CDBG
funds provided on the original costs of equipment or personal
property.
(3) Management and Requirements. Procedures for managing equipment
(including replacement equipment) and personal property, whether acquired
in whole or in part with grant funds, until disposition takes place shall, as a
minimum, meet the following requirements:
(a) Written notification must be given to the 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
9
and cost of the property, percentage of CDBG funds in the cost of
the property, the location, use and condition of the property, and any
ultimate disposition data including the date of disposal and sale price
of the property.
(b) A physical inventory of the property must be taken and the results
reconciled with the property records at least once a year.
(c) A control system must be developed to ensure adequate safeguards
to prevent loss, damage or theft of the property. Any loss, damage
or theft shall be investigated by the Subrecipient and reported to the
Grantee.
(d) Adequate maintenance procedures must be developed to keep the
property in good condition.
(e) If the Subrecipient is authorized or required to sell the property,
proper sales procedures must be established to ensure the highest
possible return.
n. OWNERSHIP AND USE OF REAL PROPERTY
(1) Use and Disposition. In accordance with 24 CFR 570.503(a)(8), any real
property under the Subrecipient's control that was acquired or improved in
whole or in part with CDBG funds shall meet the following requirements:
(a) Used to meet one of the national objectives in 24 CFR 570.208 in
perpetuity. The Grantee or its designee may, at its discretion,
amend the term, but it shall never be less than five years for any real
property acquired or improved in whole or in part using CDBG funds
in excess of $25,000; or
(b) Disposed of in a manner that results in the Grantee being reimbursed
in the amount of the current fair market value of the property less any
portion of the value attributable to expenditures of non-CDBG funds
for acquisition, or improvement of the property.
(2) Change in Use. In the case of acquisition, or improvement of real property,
prior to any change in use of the real property or planned use of any such
property (including beneficiaries of such use) from its original approved
purposed, the Subrecipient shall notify the Grantee in writing for the
Grantee's written prior approval to the change of use. The calculation of any
funds and/or monies which may be due hereunder as a result of any change
in use shall be made at the sole discretion of the Grantee or its designee
and this provision shall apply to the property in perpetuity unless the term is
amended in writing by the Grantee.
(3) Program Benefit. The Subrecipient agrees that the funds, plus any monies
contemplated by 24 CFR 570.503(a)(8) shall be retumed to the Grantee, if,
in the determination of the Grantee, the program benefit requirements for
10
use of real property, are not met by the Subrecipient at any time. The
calculation of any funds and/or monies which may be due hereunder shall
be determined solely by the Grantee.
(4) 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.
(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
11
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) I n 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 Septem ber 24, 1965, as amended,
or as otherwise provided by law.
(7) The Subrecipient will include the portion of the sentence immediately
preceding paragraph (1) and the provisions of paragraphs (1) through (7) in
every subcontract or purchase order unless exempted by rules, regulations,
or orders of the Secretary of Labor, issued pursuant to Section 204 of
Executive Order 11246 of September 24, 1965, as amended, so that such
provisions will be binding upon each subcontractor or vendor. The
Subrecipient will take such action with respect to any subcontract or
purchase order as HUD may direct as a means of enforcing such provisions,
including sanctions for noncompliance; provided, however, that in the event
a Subrecipient becomes involved in, or is threatened with, litigation with a
subcontractor or vendor as a result of such direction by HUD, the
Subrecipient may request the United States to enter into such litigation to
protect the interests of the United States.
b. Equal Opportunity in Participation
Under the terms of Section 109 of the Housing and Community Development Act
of 1974, and in conformance with Grantee policy and all requirements imposed by
or pursuant to the Regulations of HUD (24 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,
12
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 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.
13
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 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.
14
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
capital costs of such public improvements that are financed from revenue sources other than under
15
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 1 04( d) of the Act, and the implementing
regulations at 49 CFR 24 and 24 CFR 570.606. Unless specifically permitted in Appendix B or
Appendix C, Subrecipient will not cause either temporary or permanent involuntary displacement
of persons or businesses. If 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
16
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
forth 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 sea'ls as of the date first written
above.
ATTEST:
SEAL
1k4J~
Clerk of Commission
ATTEST:
SEAL
f~ 1 h~~
Ericka Mitchell
As its Corporate Secretary
- ~BY
AUGUSTA, GEORGIA
(Grantee)
~~~~
ob You g
. As its May
AUGUSTA TASK FORCE FOR THE HOMELESS. INC.
(Subrecipient)
o ~
-
~Q^^J ~\uO~(Q
(Plain Witness)
J
By:
LfL-
18
APPENDIX A
Project Area
The project is located at 730 East Boundary, Augusta, Georgia.
APPENDIX B
Goals, Objectives, and Tasks
The Augusta Task Force for the Homeless (ATFH) is the initial point of contact for homeless
persons and persons at-risk of becoming homeless, providing centralized initial intake, assessment,
case management, referral and tracking services. It serves as a coalition that helps homeless
persons and persons at-risk of becoming homeless obtain housing and other essential needs
necessary to regain and/or maintain self-sufficiency.
The purpose of this funding is to assist the A TFH with operational costs to carry its services to the
homeless. ATFH will collect demographic data, assess client's needs, provide housing counseling
and process client's requests for assistance to the appropriate agency
The goals for the 2003 program year are as follows:
1. Residential Stability: Provide centralized intake, assessment, referral, case management
and tracking services to 1,500 homeless persons and/or persons at-risk of becoming
homeless.
2. Increased Skills or Income: Assist 125 homeless individuals with obtaining birth certificates
and/or Georgia photo identification cards to increase employment and housing
opportunities.
3. Increased Skills or Income: Provide active help to 1,500 homeless persons and/or persons
at-risk of becoming homeless with identifying mainstrain resources to include, but not limited
to: Medicaid, State CHEP, TANF, Food Stamps, SSI, Veterans Health Care, Workforce
I nvestment Act, etc.
4. Greater Self-determination: Develop a Case Plan for 1,500 homeless persons and/or
persons at-risk of becoming homeless.
5. Self-sufficiency: Provide up to six (6) months tracking services to insure self-sufficiency is
maintained.
Subrecipient shall maintain files on each person assisted. Each file shall contain, but is not limited
to homeless documentation, income data and verification, application for services, record and
description of services provided and any referrals to other agencies for services.
19
APPENDIX C
Budget
Supplies (Office)
Supplies (Custodial)
Professional Services (Consultants)
Printing (Brochures, Stationery)
Travel
Ultilities
Insurance (Building & Bonding)
Office Equipment (2 Computers)
Rent
Advertising
Equipment Repair & Maintenance
Indirect Cost
TOTAL (CDBG $8,635 + R-UDAG $31,000)
$ 4,000.00
$ 1,000.00
$ 6,000.00
$ 1,000.00
$ 3,500.00
$ 7,000.00
$ 2,125.00
$ 8,000.00
$ 10.00
$ 2,000.00
$ 695.00
$ 4,305.00
$39,635.00
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, 2003, July 15, 2003, October 15, 2003 and January 15, 2004.
2. Annual Report
3. 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
1. Reimbursement Request
2. Quarterly Progress Report
3. Annual Report
4. Bid Form
5. Travel Log
6. Income Verification
7. Homeless Certification
ATTACHMENT #2
Forms
21
..
t CO) [2Y)f
CONTRACT BETWEEN AUGUSTA, GEORGIA
AND
LIGHT OF THE WORLD NEIGHBORHOOD
AND ECONOMIC DEVELOPMENT, INC.
FOR
YEAR 2003 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
THIS AGREEMENT, made and entered into on this 1 ST day of January 2003, 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 Community Center
The purpose of this project is to provide a community center in which services are provided
to 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 January 1, 2003, 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 December 31, 2003, 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
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
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3. KEY PERSONNEL
a. Subrecipient shall assign to this Contract the following key personnel:
(1) Loris A. Green, President
(2) Dorothy 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 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 $27,304.00 for full performance of the
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7. COMPENSATION
The Subrecipient shall be paid a total consideration of $27,304.00 for full performance of the
services specified under this Agreement. Any cost above this amount shall be the sole
responsibility of the Subrecipient. Subrecipient shall submit monthly requests for payments to the
Housing and Neighborhood Development (HND) Department. Compensation shall be allowed on
a reimbursement basis, only after expenditures have been incurred by the Subrecipient and proper
supporting documentation has been submitted in conformity with the approved and executed
budget document which is attached to this Contract as Appendix C, incorporated herein by
reference. In every case, payment will be made subject to receipt of a reimbursement request for
payment from the Subrecipient specifying and certifying that such expenses have been incurred
and expended in conformance with this Contract and that the 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 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:
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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 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 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 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 an 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
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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.
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.
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19. GENERAL TERMS AND CONDITIONS
a. REPORTS
The Subrecipient agrees to submit to Grantee quarterly progress reports and any other
reports that may be specified in Appendix D.
b. CLIENT DATA
Subrecipient agrees to maintain racial, ethnic, gender, head of household, household
income, and household size data showing the extent to which these categories of persons
have participated in, or benefited from the project, and to submit this information to the
Grantee by January 30, 2004.
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, the Subrecipient agrees to provide an annual financial report to the
Grantee.
d. ACCESS TO RECORDS
The Subrecipient agrees that the Grantee or any authorized representative has access to
and the right to examine all records, books, papers, or documents related to the project.
e. 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
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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
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 $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 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 CDBG
activities shall be transferred to the Grantee for the Community
Development program or shall be retained after submitting
compensation to the Grantee for the Community Development
program, and
(c) Compensation for items of equipment or personal property retained
or sold shall be an amount calculated by multiplying the current
market value or proceeds from sale by the percentage of CDBG
funds provided on the original costs of equipment or personal
property.
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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 CDBG funds in the cost of
the property, the location, use and condition of the property, and any
ultimate disposition data including the date of disposal and sale price
of the property.
(b) A physical inventory of the property must be taken and the results
reconciled with the property records at least once a year.
(c) A control system must be developed to ensure adequate safeguards
to prevent loss, damage or theft of the property. Any loss, damage
or theft shall be investigated by the Subrecipient and reported to the
Grantee.
(d) Adequate maintenance procedures must be developed to keep the
property in good condition.
(e) If the Subrecipient is authorized or required to sell the property,
proper sales procedures must be established to ensure the highest
possible return.
n. OWNERSHIP AND USE OF REAL PROPERTY
(1) Use and Disposition. In accordance with 24 CFR 570.503(a)(8), any real
property under the Subrecipient's control that was acquired or improved in
whole or in part with CDBG funds shall meet the following requirements:
(a) Used to meet one of the national objectives in 24 CFR 570.208 in
perpetuity. The Grantee or its designee may, at its discretion,
amend the term, but it shall never be less than five years for any real
property acquired or improved in whole or in part using CDBG funds
in excess of $25,000; or
(b) Disposed of in a manner that results in the Grantee being reimbursed
in the amount of the current fair market value of the property less any
portion of the value attributable to expenditures of non-CDBG funds
for acquisition, or improvement of the property.
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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
purposed, the Subrecipient shall notify the Grantee in writing for the
Grantee's written prior approval to the change of use. The calculation of any
funds and/or monies which may be due hereunder as a result of any change
in use shall be made at the sole discretion of the Grantee or its designee
and this provision shall apply to the property in perpetuity unless the term is
amended in writing by the Grantee.
(3) Program Benefit. The Subrecipient agrees that the funds, plus any monies
contemplated by 24 CFR 570.503(a)(8) shall be returned to the Grantee, if,
in the determination of the Grantee, the program benefit requirements for
use of real property, are not met by the Subrecipient at any time. The
calculation of any funds and/or monies which may be due hereunder shall
be determined solely by the Grantee.
(4) 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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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
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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
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 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 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
14
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
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.
15
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
16
~
of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement;
If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress,
an officer or employee of Congress, or employee of a Member of Congress, in connection with this
Federal Contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-
LLL, "Disclosure Form to Report Lobbying" in accordance with its instructions; and
It will require that the language of this paragraph M be included in the award documents for all
subawards at all tiers (including subcontractors, subgrants, and contracts under grants, loans, and
cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by Section 1352, Title 31, United States Code. Any person
who fails to file the required certification shall be subject to a civil penalty of not less than $10,000
and not more than $100,000 for each such failure.
n. Provisions Required by Law Deemed Inserted
Each and every provision of law and clause required by law to be inserted in this Contract shall be
deemed to be inserted herein and the contract shall be read and enforced as though it were
included herein, and if through mistake or otherwise any such provision is not inserted, or is not
correctly inserted, then upon the application of either party the contract shall forthwith be physically
amended to make such insertion or correction.
o. HISTORIC PRESERVATION
If applicable, the Subrecipient agrees to comply with the Historic Preservation requirements set
forth 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:
SEAL
If ) By:
;\\) ,
\ 1V1J
I
AUGUSTA, GEORGIA
~tee)
Bob oung
As its ayor
rJk€lifM/P
Le a . Bonner
Clerk of Commission
LIGHT OF THE WORLD NEIGHBORHOOD
AND ECONOMIC DEVELOPMENT, INC.
(Subrecipient
By:
(Plain Witness)
18
.
~
APPENDIX C
Budqet
Van
Office Supplies & Equipment (Copier, fax, 3 computers & desks)
TOTAL
$17,000.00
$10,304.00
$27,304.00
APPENDIX D
ReDortinq Requirements
The Subrecipient shall submit to the Grantee the following reports for the term of this agreement.
1. Quarterly Progress Reports
Due April 15, 2003, July 15, 2003, October 15,2003 and January 15,2004.
2. Quarterly Trip Log (Last report due January 2008)
3. Annual Report
4. Audit Report (Due 30 days after completion of audit).
ATTACHMENT #1
Requlations, 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
ATTACHMENT #2
Forms
1. Reimbursement Request
2. Quarterly Progress Report
3. Quarterly Trip Log
4. Annual Report
5. Bid Form
6. Inventory
7. Income Verification
20
.
iI
APPENDIX A
Proiect Area
The project is located at 1882 Alabama Road, Augusta, Georgia.
APPENDIX B
Goals. Obiectives, and Tasks
The Aragon Park labeled "A Forgotten Neighborhood" is an isolated, small three-block
neighborhood comprising mostly elderly residents. Due to neglect, the neighborhood has suffered
and continues to suffer the effects of a slum/blighted area. The purpose of the project is to provide
a community facility where the residents of the Aragon Park can obtain beneficial services in the
neighborhood without having to travel outside the neighborhood.
The Subrecipient will operate a service-oriented community center located at 1882 Alabama Road
to address the social, recreational, educational and health needs of the community. Programs and
services to be provided include an After School Tutoring Program, food and clothing pantry, and
site for medical checkups for seniors seen by doctors from St. Joseph Hospital and University
Hospital. The hours of operation of the center will be from 9:30 a.m. - 4:00 p.m. The Tutoring
Program will operate 2-3 days per week. The Program Director shall maintain and carry out the
curriculum of said tutoring to include evaluation of student's progress, time and attendance and
names of all participating students. Files shall be maintained for each client and student assisted.
Files shall contain, but is not limited to income data and verification, application for services, record
and description of services provided and fees charged, if any.
During year 2003, services will be provided to 300 low and moderate income persons.
Community Development Block Grant funds will be used for supplies, equipment and for purchase
of a van to be used for transporting seniors to obtain medications and for transporting students from
school to the community center for classes. Subrecipient shall maintain insurance, maintenance,
and trip log records. Trip logs shall be submitted to Grantee on a quarterly basis for 5 years
(January 2008).
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 by formal advertising. The invitation for bids shall be publicly
advertised in the Augusta Chronicle and at least one minority newspaper. Bids shall be solicited
from an adequate number of known suppliers/vendors, providing them sufficient time prior to the
date set for opening of the 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.
19
..
,
.
~
.
APPENDIX C
Budqet
Van
Office Supplies & Equipment (Copier, fax, 3 computers & desks)
TOTAL
$17,000.00
$10,304.00
$27,304.00
APPENDIX D
Reportinq Requirements
The Subrecipient shall submit to the Grantee the following reports for the term of this agreement.
1. Quarterly Progress Reports
Due April 15, 2003, July 15, 2003, October 15, 2003 and January 15, 2004.
2. Quarterly Trip Log (Last report due January 2008)
3. Annual Report
4. Audit Report (Due 30 days after completion of audit).
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
1. Reimbursement Request
2. Quarterly Progress Report
3. Quarterly Trip Log
4. Annual Report
5. Bid Form
6. Inventory
7. Income Verification
20
,
-<
4
'COpy
CONTRACT BETWEEN AUGUSTA, GEORGIA
AND
THE SALVATION ARMY, 'r-,t~tA GEORGIA CORPORATION
FOR
YEAR 2003 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
THIS AGREEMENT, made and entered into on this . It! day of 'SM,}, 2003, 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 SALVATION ARMY, ~ct., (hereinafter referred to as the "Subrecipient").
A GEORGIA CORPORATION
WHEREAS, the Grantee has received a Community Development Block Grant from the United
States Department of H.ousing 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:
Emergency Shelter Program
The purpose of the program is to provide emergency shelter and meals for the homeless.
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. 2003 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 December 31, 2003, 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-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.
2
3. KEY PERSONNEL
a. Subrecipient shall assign to this Contract the following key personnel:
I. MAJb~ ...iot-lN ~l cort\.(1i-ltr-JDlNG. Ci=-Fl~R..
(1.) Erika Mitchell, Director of Development
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 $19.860.00 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
3
RESOLUTION OF THE BOARD OF TRUSTEES
OF
THE SALVATION ARMY
A Corporation organized and existing under and by virtue of the laws of the State of Georgia and
having its principal office in Atlanta, DeKalb County, Georgia.
BE IT RESOLVED THAT the Board of Trustees of The Salvation Army, a Georgia
Corporation desires to enter into an agreement with The Augusta-Richmond County Commission
for HUD Community Development Block Grant Program (CDBG) funding for the Emergency
Shelter Program for shelter operations for The Salvation Army in Augusta, Georgia.
BE IT FURTHER RESOLVED THAT for the purpose of consummating said transaction, the
President, PHILIP D. NEEDHAM, or the Vice President, GARY L. HERNDON, or
Treasurer/Assistant Secretary, H. AL WARD, or Trustee, DAVID E. JEFFREY, Assistant Treasurer,
DAVID R. MOTHERSHED, or Secretary, WILLIAM R. N. GOODIER, or FRANCES L. SUAREZ,
Assistant Secretary, or Contracting Officer, PAUL FULLER are authorized, directed and empowered
to issue, sign and deliver, as the act and deed of this Corporation, any and all documents necessary
to complete the contractual agreement. In addition, the Corporation authorizes John Carter,
Commanding Officer and Erika Mitchell, Director of Development, to be empowered to file
requests for monthly payments pursuant to this CDBG agreement, said authorization being limited
to the designated items only.
I, Frances L. Suarez, Assistant Secretary of The Salvation Army, a Georgia Corporation, do
hereby certify that the foregoing is a Resolution adopted by the Board of Trustees of said Corpo-
ration at a meeting held on the 24th day of February 2003
IN WITNESS WHEREOF, I have hereunto set my hand officially and affixed the seal of this
Corporation on this 24th day of February 2003.
Frances L. Suarez, Assistant Secreta
Sworn to and subscribed before me this 24th day of February 2003.
,Q.Q9.+A Q. W~
Notary Public
Notary Public, Fulton County, Georgia
My Commission Expires March 9, 2003
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
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 RehabilitationAct
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, uPrinciples for Determining Costs
Applicable to Grants and Contracts with State, Local and Federally-Recognized Indian Tribal
Governments;" OMS Circular A-128, U Audits of State and Local Govemments" (implemented at 24
CFR 44); and the sections of 24 CFR 85, uUniform Administrative Requirements for Grants and
Cooperative Agreements to State and Local Governments," specified at 24 CFR 570.502(a). If the
4
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 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 an indirect cost allocation plan approved by the
Department of Housing and Urban Development prior to the execution of this Contract.
12. TRAVEL
If applicable, Subrecipientshall 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,
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
5
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 p'ossible 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 quarterly progress reports and any other
reports that may be specified in Appendix D.
b. CLIENT DATA
6
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, 2004.
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, the Subrecipient agrees to provide an annual financial report to the
Grantee.
d. ACCESS TO RECORDS
The Subrecipient agrees that the Grantee or any authorized representative has access to
and the right to examine all records, books, papers, or documents related to the project.
e. RETENTION
The Subrecipient hereby severally warrants that all project records, books, papers, and
documents will be retained for a period of not less than four (4) years after the tennination
of all activities funded under this contract, or after the resolution of all Federal audit findings,
whichever occurs later and grants the Grantee the option of retention of the project records,
books, papers, and documents. The retention period shall 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
the rights, privileges, or benefits of Grantee employees. The Subrecipientshall be deemed
s
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 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-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 to the Grantee for the Community
Development program or shall be retained after submitting
compensation to the Grantee for the Community Development
program, and
(c) Compensation for items of equipment or personal property retained
or sold shall be an amount calculated by multiplying the current
market value or proceeds from sale by the percentage of CDBG
funds provided on the original costs of equipment or personal
property .
(3) Management and Requirements. Procedures for managing equipment
(including replacement equipment) and personal property, whether acquired
in whole or in part with grant funds, until disposition takes place shall, as a
minimum, meet the following requirements:
(a) Written notification must be given to the 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
9
description of the property, a serial number or other identification
number, the source of property, who holds title, the acquisition date
and cost of the property, percentage of CDBG funds in the cost of
the property, the location, use and condition of the property, and any
ultimate disposition data including the date of disposal and sale price
of the property.
(b) A physical inventory of the property must be taken and the results
reconciled with the property records at least once a year.
(c) A control system must be developed to ensure adequate safeguards
to prevent loss, damage or theft of the property. Any loss, damage
or theft shall be investigated by the Subrecipient and reported to the
Grantee.
(d) Adequate maintenance procedures must be developed to keep the
property in good condition.
(e) If the Subrecipient is authorized or required to sell the property,
proper sales procedures must be established to ensure the highest
possible return.
n. OWNERSHIP AND USE OF REAL PROPERTY
(1) Use and Disposition. In accordance with 24 CFR 570.503(a)(8), any real
property under the Subrecipient's control that was acquired or improved in
whole or in part with CDBG funds shall meet the following requirements:
(a) Used to meet one of the national objectives in 24 CFR 570.208 in
perpetuity. The Grantee or its designee may, at its discretion,
amend the term, but it shall never be less than five years for any real
property acquired or improved in whole or in part using CDBG funds
in excess of $25,000; or
(b) Disposed of in a manner that results in the Grantee being reimbursed
in the amount of the current fair market value of the property less any
portion of the value attributable to expenditures of non-CDBG funds
for acquisition, or improvement of the property.
(2) Change in Use. In the case of acquisition, or improvement of real property,
prior to any change in use of the real property or planned use of any such
property (including beneficiaries of such use) from its original approved
purposed, the Subrecipient shall notify the Grantee in writing for the
Grantee's written prior approval to the change of use. The calcul;;1tion of any
funds and/or monies which may be due hereunder as a result of any change
in use shall be made at the sole discretion of the Grantee or its designee
and this provision shall apply to the property in perpetuity unless the term is .
amended in writing by the Grantee.
10
(3) Program Benefit. The Subrecipient agrees that the funds, plus any monies
contemplated by 24 CFR 570.503(a)(8) shall be returned to the Grantee, if,
in the determination of the Grantee, the program benefit requirements for
use of real property, are not met by the Subrecipient at any time. The
calculation of any funds and/or monies which may be due hereunder shall
be determined solely by the Grantee.
(4) 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.
(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
11
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
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
12
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, disapility, 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, 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 investigation. .
d. SECTION 3 CLAUSE
The Subrecipient will conform with the rules and regulations set forth under Section 3 of the
13
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 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
14
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 conceming 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).
15
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 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 Gran~ 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, gran~ 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
16
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
forth 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 govemed 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:
SEAL
f By
AUGUSTA, GEORGIA
1Jante:
B~oun6
As its Mayor
~~
Clerk of Commission
THE SAlVATION f\RMY; A GEORGIA CORflORATlON
SEAL
FkiY/rVI (/)'/1 '/J.;'If.;' q; tJtJ Plat
/1..1, AtislFI'veSlrAeM
PHIUP O. NEEDHAM
PRESIDENT
ATTEST:
By: X
ff5~
William R. N. Goodier
As its Corporat cretary
/
(Plain Witness)
~
18
APPENDIX A
Proiect Area
The project is located at 1384 Greene Street, Augusta, Georgia 30901.
APPENDIX B
Goals, Obiectives. and Tasks
The Salvation Army operates a 120-bed emergency shelter for homeless single men, single women
and families and a meal program that provides shelter residents three meals a day. In addition.
evening meals are provided through the community soup-line. Services are provided to extremely-
low, low and moderate income homeless persons.
The shelter operates 365 days a year with supportive services available Monday through Friday
from 8:30 am to 4:30 pm.
The goals for year 2003 are as follows:
1. Provide shelter for 110 homeless clients.
2. Provide an average of 305 meals daily to shelter residents.
3. Provide 26,000 meals though the community soup-kitchen.
Community Development Block Grant funds will be use to assist with operational costs associated
with providing emergency shelter and meals for the homeless
Files shall be maintained for each homeless person assisted. Each file shall contain, but is not
limited to homeless documentation, income data and verification, application for program/services,.
record and description of services provided and case management information.
APPENDIX C
Budoet
Shelter Food
Shelter Utilities
$15,000.00
$ 4,860.00
$19,860.00
TOTAL
19
APPENDIX D
ReDortinq Requirements
The Subrecipient shall submit to the Grantee the following reports for the term of this agreement.
1. Quarterly Progress Reports
Due April 15, 2003, July 15, 2003, October 15, 2003 and January 15, 2004.
2. Annual Report (January 30, 2004).
3. Audit Report (Due 30 days after completion of audit).
ATTACHMENT #1
ReQulations. Circulars & Local Procurement Policv
1. Community Development Block Grant Entitlement Program 24 CFR 570
2. OMB Circular A-122
"Cost Principles for Non-Profit Organizations"
3. OMB 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
ATTACHMENT #2
Forms
1. Reimbursement Request
2. Quarterly Progress Report
3. Annual Report
4. Homeless Certification
5. Income Verification
20
THE SALVATION ARlVIY POLICY STATEMENT
ON RELATIONSHIPS WITH OTHER GROUPS AND ORGANIZATIONS
The Salvation Army in the United States works cooperatively with many groups -
governmental, social service, civic, religious, business, hwnanitarian, educational, .
health, character building, and other groups - in the pursuitof its mission to preach the.
Christian Gospel and meet human need.
Any agency, governmental or private, which enters into- a contractual or cooperative
relationship with The Salvation Army should be advised that:
1. The Salvation Army is an international religious and charitable movement,
organized and operated on a quasi-military pattern. and is a branch of the
Christian church.
2. All programs of The Salvation Army are administered by Salvation Army
Officers, who are ministers of the Gospel.
3. The motivation of the organization is love of God and a practical concern
for the needs ofhwnanity.
4. The Salvation Army's provision of food, shelter, health services, counseling,
and other physical, social, emotional, psychological and spiritual aid, is
given on the basis of need, available resources and established program
policies.
Organizations contracting and/or cooperating with The Salvation Army may be assured
that because The Salvation Army is rooted in Christian compassion and is governed by
Judeo-Christian ethics, The Salvation Anny will strictly observe all provisions of its
contracts and agreements.
Commissioners Conference:
I\.lny 19Q6
AMENDMENT # 1
CONTRACT
BETWEEN AUGUST A, GEORGIA
AND
THE SALVATION ARMY,
A GEORGIA CORPORATION
FOR
YEAR 2003 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
This AMENDMENT, made and entered into on I.!T day of ~~ ,2003, 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 SALVATION ARMY, A GEORGIA
CORPORATION, (hereinafter referred to as the "Subrecipient").
WHEREAS, the Grantee and the Subrecipient desires to enter into an agreement for the
implementation of Community Development Block Grant Program providing operational
Services.
WHEREAS, the Grantee and Subrecipient desires to clarify issues embodied with said
agreement.
NOW, THEREFORE, the parties hereto do mutually agree to amend and modify said
agreement as follows:
Page 5 & 6, Section 14. INSURANCE & BONDING
Delete: "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, 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."
Replace: "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.
1
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 authorized agents as named insured as their interest may appear. Coverage shall
be issued by an insurance carrier or carriers licensed to do business in the State of
Georgia and acceptable to Grantee, which acceptance shall not be unreasonable withheld.
All such policies shall provide that no act or omission of Grantee or its authorized agents
shall in any way invalidate any insurance coverage under this contract. 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 the
Grantee. All Certificates of Insurance required hereunder, or copies thereof shall be
provided to Grantee by Subrecipient.
Page 11, Section 20. a. (1) and (2) and b. page 13, third paragraph. OTHER
PROVISIONS
Delete: (1) The Subrecipient shall not discriminate against any employee or
applicant for employment because ofrace, 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.
Delete: (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.
Replace: 1) The Subrecipient shall not discriminate against any employee or
applicant for employment because of race, color, creed, religion sex, age, handicap
disability, ancestry, national origin, marital status, familial status, or any other basis
prohibited by applicable law. The Subrecipient shall take affinnative 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.
2
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.
Replace: (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, ancestry, national origin, marital status, or any other basis
prohibited by applicable law.
Delete: The Subrecipient may not directly or through contractual or other
arrangements, on the grounds ofrace, color, creed, religion, sexual orientation, ancestry,
national origin, marital status, familial status, age, handicap, disability, sex or other basis
prohibited by applicable law:
Replace: 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:
IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first
written above.
ATTEST:
AUGUSTA;GEORGIA
(Gr/1 IJ
fY: '~f~~
dk#~
ATTEST:
THE SALVATION ARMY,
A GEORGIA CORPORATION
(Subrecipient)
~
PHIUP D. NEEDHAM
PRESIDENT
3
, "
~:-- \.
,
CONTRACT BETWEEN AUGUSTA, GEORGIA
AND
AUGUSTA YOUTH CENTER, INC.
FOR
YEAR 2003 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
(C<<))f>V
THIS AGREEMENT, made and entered into on this 1 st day of January 2003, 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, implementation and execution of such a Community Development Block
Grant Program; and
WHEREAS, the Grantee desires to engage the Subrecipientto render certain services, programs,
or assistance in connection with such undertakings of the Community Development Block Grant
Program, situated in the Project Area described in Appendix A.
NOW, THEREFORE, the parties hereto do mutually agree as follows:
1. SCOPE OF SERVICE
The Subrecipient shall perform all the necessary services provided under this Contract in
accordance with and respecting the following project:
Augusta Youth Center, Inc.
The purpose of the program is to provide scholarship assistance to low and moderate
income youths participating in the tutoring program and other activities at the center. 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, 2003, 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 December 31, 2003, 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-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.
2
3. KEY PERSONNEL
a. Subrecipient shall assign to this Contract the following key personnel:
(1) Patricia Jones, Administrator
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 $25.905.00 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
3
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
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;n 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 Govemments," specified at 24 CFR 570.502(a). If the
4
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 CDSG
funds.
11. INDIRECT COSTS
Indirect costs will only be paid if Subrecipient has an indirect cost allocation plan approved by the
Department of Housing and Urban Development prior to the execution of this Contract.
12. TRAVEL
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,
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
5
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 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 quarterly progress reports and any other
reports that may be specified in Appendix D.
b. CLIENT DATA
6
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, 2004.
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 OMS Circular A-133. However, if
an audit is not required, the Subrecipient agrees to provide an annual financial report to the
Grantee.
d. ACCESS TO RECORDS
The Subrecipient agrees 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 USC 794) (and the implementing regulations at 24
CFR 8), the Americans with Disabilities Act of 1990 (PL 101-336), and all state and local
laws requiring physical and program accessibility to people with disabilities, and agrees to
defend, hold harmless, and indemnify the Grantee from and against any and all liability for
any noncompliance on the part of the Subrecipient.
k. INDEPENDENT CONTRACTOR
Nothing contained in this Agreement is intended to, or shall be construed in any manner to,
create or establish an employer-employee relationship between the parties, nor shall any
employee of the Subrecipient by virtue of this Contract be an employee of the Grantee for
any purpose whatsoever, nor shall any employee of the Subrecipient be entitled to any of
the rights, privileges, or benefits of Grantee employees. The Subrecipient shall be deemed
8
at all times an independent contractor and shall be wholly responsible for time, means and
manner for performance of the services required of it by the terms of this Contract. The
Subrecipient assumes exclusively the responsibility for the acts of its employees as they
relate to the services provided during the course and scope of their employment.
l. PROCUREMENT
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 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 all cases in which personal property is sold, the proceeds shall be
program income, and
(b) Personal property not needed by the Subrecipient for CDBG
activities shall be transferred to the Grantee for the Community
Development program or shall be retained after submitting
compensation to the Grantee for the Community Development
program, and
(c) Compensation for items of equipment or personal property retained
or sold shall be an amount calculated by multiplying the current
market value or proceeds from sale by the percentage of CDBG
funds provided on the original costs of equipment or personal
property.
(3) Management and Requirements. Procedures for managing equipment
(including replacement equipment) and personal property, whether acquired
in whole or in part with grant funds, until disposition takes place shall, as a
minimum, meet the following requirements:
(a) Written notification must be given to the 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
9
description of the property, a serial number or other identification
number, the source of property, who holds title, the acquisition date
and cost of the property, percentage of CDBG funds in the cost of
the property, the location, use and condition of the property, and any
ultimate disposition data including the date of disposal and sale price
of the property.
(b) A physical inventory of the property must be taken and the results
reconciled with the property records at least once a year.
(c) A control system must be developed to ensure adequate safeguards
to prevent loss, damage or theft of the property. Any loss, damage
or theft shall be investigated by the Subrecipient and reported to the
Grantee.
(d) Adequate maintenance procedures must be developed to keep the
property in good condition.
(e) If the Subrecipient is authorized or required to sell the property,
proper sales procedures must be established to ensure the highest
possible return.
n. OWNERSHIP AND USE OF REAL PROPERTY
(1) Use and Disposition. In accordance with 24 CFR 570.503(a)(8), any real
property under the Subrecipient's control that was acquired or improved in
whole or in part with CDBG funds shall meet the following requirements:
(a) Used to meet one of the national objectives in 24 CFR 570.208 in
perpetuity. The Grantee or its designee may, at its discretion,
amend the term, but it shall never be less than five years for any real
property acquired or improved in whole or in part using CDBG funds
in excess of $25,000; or
(b) Disposed of in a manner that results in the Grantee being reimbursed
in the amount of the current fair market value of the property less any
portion of the value attributable to expenditures of non-CDBG funds
for acquisition, or improvement of the property.
(2) Change in Use. In the case of acquisition, or improvement of real property,
prior to any change in use of the real property or planned use of any such
property (including beneficiaries of such use) from its original approved
purposed, the Subrecipient shall notify the Grantee in writing for the
Grantee's written prior approval to the change of use. The calculation of any
funds and/or monies which may be due hereunder as a result of any change
in use shall be made at the sole discretion of the Grantee or its designee
and this provision shall apply to the property in perpetuity unless the term is
amended in writing by the Grantee.
10
(3) Program Benefit. The Subrecipient agrees that the funds, plus any monies
contemplated by 24 CFR 570.503(a)(8) shall be returned to the Grantee, if,
in the determination of the Grantee, the program benefit requirements for
use of real property, are not met by the Subrecipient at any time. The
calculation of any funds and/or monies which may be due hereunder shall
be determined solely by the Grantee.
(4) 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.
(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
II
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 amehded 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
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
12
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 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
[3
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, 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
14
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
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).
15
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,
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
16
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
forth 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:
SEAL
~tf)i~
Clerk of Commission
ATTEST:
SEAL
Travis Holloway
~,f!:;j~~
(Plain Witness)
fBY
AUGUSTA, GEORGIA
(Grantee)
AUGUSTA YOUTH CENTER. INC.
(Subrecipient)
~
By:
(J~
(j
18
James Carter
As its President
APPENDIX A
Project Area
The project is located at 602-604 Third Street, Augusta, Georgia 30901.
APPENDIX 8
Goals. Obiectives, and Tasks
The Augusta Youth Center (A YC) is a multi-purpose youth center that offer programs designed to
enhance skills needed for successful living, and provide opportunities for recreational and personal
enrichmentfor low income youths in Augusta-Richmond County. The primary objective of the A YC
is to provide a safe environment for after school lower income youths.
Activities to be administered include after school tutoring, computer instruction, lectures on drug
awareness, safe sex, discipline, and health maintenance through exercising and proper nutrition.
In addition, youths are taken on field trips to enhance their awareness of their culture.
Subrecipient will operate the center five (5) days a week and administer the above activities.
Community Development Block Grant funds will be used for scholarship assistance to afford low
income youths the opportunity to participate in the center's activities. In addition, funds will be used
for payment of utilities for the center and program expenses. During year 2003, the center will
provide scholarships to 100 low to moderate income youths.
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 student progress
evaluations.
APPENDIX C
Budqet
Activity Scholarships
Utilities
Program Expenses (supplies and field trips)
TOTAL
$20,000.00
$ 2,505.00
$ 3,400.00
$25,905.00
19
APPENDIX 0
ReDortinq Requirements
The Subrecipient shall submit to the Grantee the following reports for the term of this agreement.
1. Quarterly Progress Reports
Due April 15, 2003, July 15, 2003, October 15, 2003 and January 15, 2004.
2. Annual Report (Due January 30, 2004)
3. Audit Report (Due 30 days after completion of audit).
ATTACHMENT #1
ReQulations, 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. 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
ATTACHMENT #2
Forms
1. Reimbursement Request
2. Quarterly Progress Report
3. Annual Report
4. CDBG Income Verification
10
CC(Q)~1f
CONTRACT BETWEEN AUGUSTA, GEORGIA
AND
COORDINATED HEALTH SERVICES, INC.
FOR
YEAR 2003 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
THIS AGREEMENT, made and entered into on this ~day of January 2003, 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 COORDINATED HEALTH SERVICES, 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:
Convalescent Shelter for the Homeless
The purpose of the project is to provide a facility to serve the medical needs of homeless
persons who have been discharged from the hospital. 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, 2003, 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 December 31, 2003, 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-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.
2
3. KEY PERSONNEL
a. Subrecipient shall assign to this Contract the following key personnel:
(1) George H. Foster, President
(2) Patricia L. Hayes, Nurse Practitioner
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 $75,000.00 for full performance of the
services specified under this Agreement. Any cost above this amount shall be the sole
3
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.
th
Requests for payments must be received by Grantee not later than the 15 day of each calendar
month for work perfQrmed 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, OMS 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 Govemments" (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 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 CDSG 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 an 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,
members, employees and successors as named insured, as their interests may appear, and shall
5
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
provide.d 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 quarterly progress reports and any other
reports that may be specified in Appendix D.
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, 2004.
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 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 property
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 an annual financial report to the
Grantee.
d. ACCESS TO RECORDS
The Subrecipient agrees that the Grantee or any authorized representative has access to
and the right to examine all records, books, papers, or documents related to the project.
e. 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 Subrecipierit, 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 Subreeipient 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 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
8
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-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 to the Grantee for the Community
Development program or shall be retained after submitting
compensation to the Grantee for the Community Development
program, and
(c) Compensation for items of equipment or personal property retained
or sold shall be an amount calculated by multiplying the current
market value or proceeds from sale by the percentage of CDBG
funds provided on the original costs of equipment or personal
property.
(3) Management and Requirements. Procedures for managing equipment
(including replacement equipment) and personal property, whether acquired
in whole or in part with grant funds, until disposition takes place shall, as a
minimum, meet the following requirements:
(a) Written notification must be given to the 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
9
description of the property, a serial number or other identification
number, the source of property, who holds title, the acquisition date
and cost of the property, percentage of CDBG funds in the cost of
the property, the location, use and condition of the property, and any
ultimate disposition data including the date of disposal and sale price
of the property.
(b) A physical inventory of the property must be taken and the results
reconciled with the property records at least once a year.
(c) A control system must be developed to ensure adequate safeguards
to prevent loss, damage or theft of the property. Any loss, damage
or theft shall be investigated by the Subrecipient and reported to the
Grantee.
(d) Adequate maintenance procedures must be developed to keep the
property in good condition.
(e) If the Subrecipient is authorized or required to sell the property,
proper sales procedures must be established to ensure the highest
possible retum.
n. OWNERSHIP AND USE OF REAL PROPERTY
(1) Use and Disposition. In accordance with 24 CFR 570.503(a)(8), any real
property under the Subrecipient's control that was acquired or improved in
whole or in part with CDBG funds shall meet the following requirements:
(a) Used to meet one of the national objectives in 24 CFR 570.208 in
perpetuity. The Grantee or its designee may, at its discretion,
amend the term, but it shall never be less than five years for any real
property acquired or improved in whole or in part using CDBG funds
in excess of $25,000; or
(b) Disposed of in a manner that results in the Grantee being reimbursed
in the amount of the current fair market value of the property less any
portion of the value attributable to expenditures of non-CDBG funds
for acquisition, or improvement of the property.
(2) Change in Use. In the case of acquisition, or improvement of real property,
prior to any change in use of the real property or planned use of any such
property (including beneficiaries of such use) from its original approved
purposed, the Subrecipient shall notify the Grantee in writing for the
Grantee's written prior approval to the change of use. The calculation of any
funds and/or monies which may be due hereunder as a result of any change
in use shall be made at the sole discretion of the Grantee or its designee
and this provision shall apply to the property in perpetuity unless the term is
amended in writing by the Grantee.
10
(3) Program Benefit. The Subrecipient agrees that the funds, plus any monies
contemplated by 24 CFR 570.503(a)(8) shall be returned to the Grantee, if,
in the determination of the Grantee, the program benefit requirements for
use of real property, are not met by the Subrecipient at any time. The
calculation of any funds and/or monies which may be due hereunder shall
be determined solely by the Grantee.
(4) 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 Opp'ortunity
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.
(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
11
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
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,
12
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, orthe 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.
13
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 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
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.
14
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
capital costs of such public improvements that are financed from revenue sources other than under
15
,"
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,
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
16
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
forth 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.
L7
IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first written
above.
ATTEST:
SEAL
~f)/~
Clerk of Commission
ATTEST:
SEAL
-t=f v;JL.. I ~
Linda Tilby ~
As its Corporate Secretary
cry
AUGUSTA GEORGIA
~rantee)
~~6
As its Mayo
COORDI NA TED H
18
APPENDIX A
Proiect Area
The project is located at 2108 Broad Street.
APPENDIX B
Goals, Obiectives, and Tasks
Coordinated Health Services (CHS) is a coalition of community agencies that supports a Nurse-
Practitioner managed health service, the St. Vincent dePaul Health Center. This health center is
located in a wing of the Salvation Army at 1384 Greene Street. The health center provides primary
and preventive health care to homeless people and those whose extreme poverty puts them at
high-risk for homelessness.
The objective of the project is to establish a convalescent shelter where homeless people can safely
recuperate from their health problems following hospital discharge.
CHS will establish an emergency convalescent shelter for the homeless to be located at 2108
Broad Street. This facility will serve the needs of homeless people whose health problems have
resulted in admission to a hospital. When homeless persons are discharged from hospitals, they
are often still in fragile health and have no appropriate place where they can go and continue their
recovery. This facility will provide homeless people in frail health, a safe haven whereby they can
continue to recover their health, avoiding re-admission and/or emergency visits. As clients recover,
they will be linked to support systems, such as those designed to combat illiteracy, mental illness,
substance abuse, and unemployment, so that they will not become homeless again upon discharge
from the convalescent shelter. The facility will be staffed by volunteer physicians and nurses
licensed to practice in the State of Georgia.
Community Development Block Grant funds will be used for renovating the facility. The facility will
include 5-6 rooms that will accommodate 10-12 patients. It is estimated that approximately 100
homeless clients will be provided services during this reporting period.
Subrecipient shall maintain client medical records to include medical history, services provided, fees
charged, follow-up care, documentation of homelessness and income.
Grantee will provide Subrecipient with contract documents that include all applicable federal
requirements. Subrecipient shall provide to Grantee a copy of contract documents and
specifications for review before project is let for bid.
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 by formal advertising. The invitation for bids shall be publicly
advertised in the Augusta Chronicle and at least one minority newspaper. Bids shall be solicited
from an adequate number of known suppliers/vendors, providing them sufficient time prior to the
date set for opening of the 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. Grantee will
monitor construction until completion, December 31, 2003.
19
APPENDIX C
Budqet
Construction
$75,000.00
APPENDIX D
Reportinq Requirements
The Subrecipient shall submit to the Grantee the following reports for the term of this agreement.
1. Quarterly Progress Reports
Due April 15, 2003, July 15, 2003, October 15,2003 and January 15, 2004.
2. Annual Report
3. Audit Report (Due 30 days after completion of audit).
4. Use of Facility Certification - Annually for five years after project completion.
ATTACHMENT #1
ReQulations. 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. OMS Circular A-133, "Audits of Institutions of Higher Education and Other Non-Profit
Institutions"
5. Augusta-Richmond County Procurement Policy
ATTACHMENT #2
Forms
1. Reimbursement Request
2. Quarterly Progress Report
3. Annual Report
4. Contract Documents
5. Homeless Certification
6. Income Verification
20
(c(Q)fPY
CONTRACT BETWEEN AUGUSTA, GEORGIA
AND
THE SENIOR CITIZENS COUNCIL OF GREATER AUGUSTA AND THE CSRA,
GEORGIA, INC.
FOR
YEAR 2003 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
THIS AGREEMENT, made and entered into on this ~day of January 2003, 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 SENIOR CITIZENS COUNCIL OF GREATER AUGUSTA AND THE CSRA,
GEORGIA I 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:
Senior Center Improvements
The purpose of this project is to continue with improvements to the roof of the main facility
located at 535 Fifteenth Street. The Subrecipient shall do, periorm, 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, 2003, 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 December 31, 2003, 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-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
2
(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) Ronald W. Schoeffler, 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.
3
7. COMPENSATION
The Subrecipient shall be paid a total consideration of $75,000.00 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 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
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;" OMB Circular A-128, "Audits of State and Local Governments" (implemented at 24
CFR 44); and the sections of 24 CFR 85, "Uniform Administrative Requirements for Grants and
Cooperative Agreements to State and Local Governments," specified at 24 CFR 570.502(a). If the
Subrecipient is not a government agency, 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 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 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 an 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 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 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.
6
19. GENERAL TERMS AND CONDITIONS
a. REPORTS
The Subrecipient agrees to submit to Grantee quarterly progress reports and any other
reports that may be specified in Appendix D.
b. CLIENT DATA
Subrecipient agrees to maintain racial, ethnic, gender, head of household, household
income, and household size data showing the extent to which these categories of persons
have participated in, or benefited from the project, and to submit this information to the
Grantee by January 30, 2004.
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 OMS Circular A-133. However, if
an audit is not required, the Subrecipient agrees to provide an annual financial report to the
Grantee.
d. ACCESS TO RECORDS
The Subrecipient agrees 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,
7
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. 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 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.
s
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 Subrecipientshall 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 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-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 COSG
activities shall be transferred to the Grantee for the Community
Development program or shall be retained after submitting
compensation to the Grantee for the Community Development
program, and
(c) Compensation for items of equipment or personal property retained
or sold shall be an amount calculated by multiplying the current
market value or proceeds from sale by the percentage of CDBG
funds provided on the original costs of equipment or personal
property.
(3) Management and Requirements. Procedures for managing equipment
(including replacement equipment) and personal property, whether acquired
9
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 CDBG funds in the cost of
the property, the location, use and condition of the property, and any
ultimate disposition data including the date of disposal and sale price
of the property.
(b) A physical inventory of the property must be taken and the results
reconciled with the property records at least once a year.
(c) A control system must be developed to ensure adequate safeguards
to prevent loss, damage or theft of the property. Any loss, damage
or theft shall be investigated by the Subrecipient and reported to the
Grantee.
(d) Adequate maintenance procedures must be developed to keep the
property in good condition.
(e) If the Subrecipient is authorized or required to sell the property,
proper sales procedures must be established to ensure the highest
possible return.
n. OWNERSHIP AND USE OF REAL PROPERTY
(1) Use and Disposition. In accordance with 24 CFR 570.503(a)(8), any real
property under the Subrecipient's control that was acquired or improved in
whole or in part with CDBG funds shall meet the following requirements:
(a) Used to meet one of the national objectives in 24 CFR 570.208 in
perpetuity. The Grantee or its designee may, at its discretion,
amend the term, but it shall never be less than five years for any real
property acquired or improved in whole or in part using CDBG funds
in excess of $25,000; or
(b) Disposed of in a manner that results in the Grantee being reimbursed
in the amount of the current fair market value of the property less any
portion of the value attributable to expenditures of non-CDBG funds
for acquisition, or improvement of the property.
(2) Change in Use. In the case of acquisition, or improvement of real property,
prior to any change in use of the real property or planned use of any such
10
property (including beneficiaries of such use) from its original approved
purposed, the Subrecipient shall notify the Grantee in writing for the
Grantee's written prior approval to the change of use. The calculation of any
funds and/or monies which may be due hereunder as a result of any change
in use shall be made at the sole discretion of the Grantee or its designee
and this provision shall apply to the property in perpetuity unless the term is
amended in writing by the Grantee.
(3) Program Benefit. The Subrecipient agrees that the funds, plus any monies
contemplated by 24 CFR 570.503(a)(8) shall be returned to the Grantee, if,
in the determination of the Grantee, the program benefit requirements for
use of real property, are not met by the Subrecipient at any time. The
calculation of any funds and/or monies which may be due hereunder shall
be determined solely by the Grantee.
(4) 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.
(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,
11
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
Subrecipient may request the United States to enter into such litigation to
protect the interests of the United States.
12
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
13
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 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 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,
14
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 1 02(a) of said Act.
h. Clean Air Act and Federal Water Pollution Control Act (Applicable to Contracts and
Subcontracts which exceed $100,000).
The Subrecipient shall comply with and require each subcontractor to comply with all applicable
standards of the Clean Air Act of 1970 (42 USC 1857 et seq.), as amended, the Clean Air Act of
1990, the Federal Water Pollution Control Act (33 USC 1251 et seq.), as amended, and the
regulations of the Environmental Protection Agency with respect thereto, 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
IS
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,
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
16
Federal Contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-
LLL, "Disclosure Form to Report Lobbying" in accordance with its instructions; and
It will require that the language of this paragraph M be included in the award documents for all
subawards at all tiers (including subcontractors, subgrants, and contracts under grants, loans, and
cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by Section 1352, Title 31, United States Code. Any person
who fails to file the required certification shall be subject to a civil penalty of not less than $10,000
and not more than $100,000 for each such failure.
n. Provisions Required by Law Deemed Inserted
Each and every provision of law and clause required by law to be inserted in this Contract shall be
deemed to be inserted herein and the contract shall be read and enforced as though it were
included herein, and if through mistake or otherwise any such provision is not inserted, or is not
correctly inserted, then upon the application of either party the contract shall forthwith be physically
amended to make such insertion or correction.
o. HISTORIC PRESERVATION
If applicable, the Subrecipient agrees to comply with the Historic Preservation requirements set
forth 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.
SEAL
I
1!~~Y
ATTEST:
'#jd~
Clerk of Commission
ATTEST:
THE SENIOR CITIZENS COUNCIL
OF GREATER AUGUSTA AND THE CSRA GEORGIA INC.
(Subrecipient)
SEAL
-------:7 / /.- h/ -.
By: <;25~-:.-e 5/ t'~;'---r.-;r-vy/
Bodie E. Adams
As its President
t,S-. ~'>'~~ ~ltl___
~s+e.~-Floyd S. Bliven
As its ~rporate secretary. ~ IL.
/l, cil;x. \,~, ,~Q"1~ - .
. ~,,- . - ".. :...' .,....-
-, '-;x'C(:'lA\::t::uGc: .a:__11~~...e....
. (Plain Witness)
18
APPENDIX A
Proiect Area
The project is located at 535 15th Street, Augusta, Georgia.
APPENDIX B
Goals, Obiectives, and Tasks
The Senior Citizens Council of Greater Augusta was founded in 1968. Its mission is to enrich the
quality of life of senior adults and their families. This agency provides numerous programs for
seniors that include: Meals-an-Wheels, transportation services (TOTE), Senior Corps Programs:
Foster Grandparent Program, Senior Companion Program, and the Retired and Senior Volunteer
Program, Long-Term Care Ombudsman Program, Casework Services, The Center for the
Prevention of Elder Abuse, Neglect and Exploitation; Health Insurance Counseling, Assistance, and
Referral for the Elderly; Managing Business Affairs that are Personal Program; Caring Friends
Interfaith Volunteer Caregiver Program; CSRA Coalition of Advocates for the Aging; and CSRA
Senior Expo.
The purpose of this project is to complete replacement of the upper and lower 25,000 square foot
roofs of the facility. The upper and lower roofs have deteriorated, allowing water to seep into the
building, thereby causing water damage to the suspended ceiling, insulation and wall.
Community Development Block Grant funds will be used to fund a portion of the construction costs
that is estimated to be approximately $150,000.
During the 2003 program year, the Subrecipient will provide programs and services to
approximately 1,000 low and moderate income seniors. Files shall be maintained for each person
assisted. Each file shall contain, but is not limited to income data and verification, application for
services, record and description of services provided, and fees charged, if any.
APPENDIX C
Budqet
Construction
$75,000.00
APPENDIX 0
Reportinq Requirements
The Subrecipient shall submit to the Grantee the following reports for the term of this agreement.
1. Quarterly Progress Reports
Due April 15, 2003, July 15, 2003, October 15, 2003 and January 15, 2004.
2. Annual Report
3. Audit Report (Due 30 days after completion of audit).
4. Use of Facility Certification - Annually for 5 years
19
ATTACHMENT #1
ReQulations, 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. OM B 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
1. Reimbursement Request
2. Quarterly Progress Report
3. Annual Report
4. Income Verification
20
T
CONTRACT BETWEEN AUGUSTA, GEORGIA (C 0 I.PY
AND
SENIOR CITIZENS COUNCIL OF GREATER AUGUSTA AND THE CSRA,
GEORGIA, INC.
FOR
YEAR 2003 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
THIS AGREEMENT, made and entered into on this ~day of January, 2003, 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 SERVICE
The Subrecipient shall perform all the necessary services provided under this Contract in
accordance with and respecting the following project:
Nutrition Program
The purpose of the program is to provide transportation for seniors to senior centers to
enable them to eat noonday meals and participate in activities at the centers. 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, 2003 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 December 31, 2003, 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 the terms of this Agreement.
2
3. KEY PERSONNEL
a. Subrecipient shall assign to this Contract the following key personnel:
(1) Ronald W. Schoeffler, 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 $23.314.00 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
3
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
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
Cooperative Agreements to State and Local Governments," specified at 24 CFR 570.502(a). If the
4
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 CDBG
funds.
11. INDIRECT COSTS
Indirect costs will only be paid if Subrecipient has an indirect cost allocation plan approved by the
Department of Housing and Urban Development prior to the execution of this Contract.
12. TRAVEL
If applicable, Subrecipientshall 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,
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
5
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 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 quarterly progress reports and any other
reports that may be specified in Appendix D.
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, 2004.
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 an annual financial report to the
Grantee.
d. ACCESS TO RECORDS
The Subrecipient agrees that the Grantee or any authorized representative has access to
and the right to examine all records, books, papers, or documents related to the project.
e. 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 RehabilitationAct 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 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 Subrecipientshall be deemed
at all times an independent contractor and shall be wholly responsible for time, means and
8
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-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 to the Grantee for the Community
Development program or shall be retained after submitting
compensation to the Grantee for the Community Development
program, and
(c) Compensation for items of equipment or personal property retained
or sold shall be an amount calculated by multiplying the current
market value or proceeds from sale by the percentage of CDBG
funds provided on the original costs of equipment or personal
property.
(3) Management and Requirements. Procedures for managing equipment
(including replacement equipment) and personal property, whether acquired
in whole or in part with grant funds, until disposition takes place shall, as a
minimum, meet the following requirements:
(a) Written notification must be given to the 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
9
number, the source of property, who holds title, the acquisition date
and cost of the property, percentage of CDBG funds in the cost of
the property, the location, use and condition of the property, and any
ultimate disposition data including the date of disposal and sale price
of the property.
(b) A physical inventory of the property must be taken and the results
reconciled with the property records at least once a year.
(c) A control system must be developed to ensure adequate safeguards
to prevent loss, damage or theft of the property. Any loss, damage
or theft shall be investigated by the Subrecipient and reported to the
Grantee.
(d) Adequate maintenance procedures must be developed to keep the
property in good condition.
(e) If the Subrecipient is authorized or required to sell the property,
proper sales procedures must be established to ensure the highest
possible return.
n. OWNERSHIP AND USE OF REAL PROPERTY
(1) Use and Disposition. In accordance with 24 CFR 570.503(a)(8), any real
property under the Subrecipient's control that was acquired or improved in
whole or in part with CDBG funds shall meet the following requirements:
(a) Used to meet one of the national objectives in 24 CFR 570.208 in
perpetuity. The Grantee or its designee may, at its discretion,
amend the term, but it shall never be less than five years for any real
property acquired or improved in whole or in part using CDBG funds
in excess of $25,000; or
(b) Disposed of in a manner that results in the Grantee being reimbursed
in the amount of the current fair market value of the property less any
portion of the value attributable to expenditures of non-CDBG funds
for acquisition, or improvement of the property.
(2) Change in Use. In the case of acquisition, or improvement of real property,
prior to any change in use of the real property or planned use of any such
property (including beneficiaries of such use) from its original approved
purposed, the Subrecipient shall notify the Grantee in writing for the
Grantee's written prior approval to the change of use. The calculation of any
funds and/or monies which may be due hereunder as a result of any change
in use shall be made at the sole discretion of the Grantee or its designee
and this provision shall apply to the property in perpetuity unless the term is
amended in writing by the Grantee.
10
(3) Program Benefit. The Subrecipient agrees that the funds, plus any monies
contemplated by 24 CFR 570.503(a)(8) shall be returned to the Grantee, if,
in the determination of the Grantee, the program benefit requirements for
use of real property, are not met by the Subrecipient at any time. The
calculation of any funds and/or monies which may be due hereunder shall
be determined solely by the Grantee.
(4) 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.
(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
11
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, tenninated, or suspended in whole or in part
and the Subrecipient may be declared ineligible for further Government
contracts or federally assisted construction contracts in accordance with
procedures authorized in Executive Order 11246 of September 24, 1965, as
amended, and such other sanctions may be imposed and remedies invoked
as provided in Executive Order 11246 of September 24, 1965, as amended,
or as otherwise provided by law.
(7) The Subrecipient will include the portion of the sentence immediately
preceding paragraph (1) and the provisions of paragraphs (1) through (7) in
every subcontract or purchase order unless exempted by rules, regulations,
or orders of the Secretary of Labor, issued pursuant to Section 204 of
Executive Order 11246 of September 24, 1965, as amended, so that such
provisions will be binding upon each subcontractor or vendor. The
Subrecipient will take such action with respect to any subcontract or
purchase order as HUD may direct as a means of enforcing such provisions,
including sanctions for noncompliance; provided, however, that in the event
a Subrecipient becomes involved in, or is threatened with, litigation with a
subcontractor or vendor as a result of such direction by HUD, the
Subrecipient may request the United States to enter into such litigation to
protect the interests of the United States.
b. Equal Opportunity in Participation
Under the terms of Section 109 of the Housing and Community Development Act
of 1974, and in conformance with Grantee policy and all requirements imposed by
or pursuant to the Regulations of HUD (24 CFR Part 570.601 and 570.602) issued
pursuantto Section 109, no person in the United States shall on the ground of race,
color, creed, religion, sex, age, handicap, disability, sexual orientation, ancestry,
12
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 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.
[3
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 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.
14
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
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
15
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 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
16
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
forth 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:
SEAL
rBY
~/!ri1!tMJ
Clerk of Commission
ATTEST:
SENIOR CITIZENS COUNCIL OF GREATER AUGUSTA
AND THE CSRA. GEORGIA. INC.
(Subrecipient)
SEAL
By: ~e-; ;-:> ~-r;-.:~~
Bodie E. Adams
As its President
~~'r"
, . 'I . y, ~L\J 'C. '_
HE-~ . Floyd-S. Bliven
As its Corporate Secretary
~ .
. _.Q.
~,,--
18
APPENDIX A
Proiect Area
The agency's office is located at 535 15th Street, Augusta, Georgia 30901. Seniors will be
transported to the following sites:
· Belle Terrace Senior Center, 2463 Golden Camp Road, Augusta, Georgia 30906
· Hephzibah/Blythe Senior Center, 3129 Highway 88, Blythe, Georgia 30805
· McBean Senior Center, 5106 Mike Padgett Highway, McBean, Georgia 30908
· Savannah Place Senior Center, 1015 11 th Avenue; Augusta, Georgia 30901
· The Senior Center Nutrition Program, 535 15th Street, Augusta, Georgia 30901
APPENDIX B
Goals, Obiectives, and Tasks
The Senior Citizens Council of Greater Augusta was founded in 1968. The mission of this agency
is to develop and maintain a diversity of quality services that promote the essential interests of
senior adults and their families; therefore, enhancing their quality of life. The goal is to maintain and
strengthen independent living through nutrition and transportation services that prevent premature
or unnecessary institutionalization.
The purpose of this project is to provide transportation for seniors to participant in the Nutrition
Program at Belle Terrace Senior Center, Hephzibah/Blythe Senior Center, McBean Senior Center,
Savannah Place and the main senior center located on Fifteenth Street. The Subrecipient will
subcontract the transportation services out to a local transportation service. The Subrecipient shall
develop a "Request for Proposal" (RFP) for transportation services and submit to Grantee for
review. If approved by Grantee, Subrecipient shall publicly advertise the RFP in the Augusta
Chronicle and at least one minority newspaper for two weeks before opening of proposals. Award
of the transportation contract shall be to the most responsive bidder. Subrecipient shall enter into
an agreement with the most responsive vendor and submit a copy of said agreement to Grantee.
The agreement shall specify cost per trip with proper trip log and invoice to be submitted before
payment for services are rendered.
Subrecipient shall maintain files for each senior assisted. Each file shall contain, but is not limited
to income data and verification, application for program, record and description of services
provided, and fees charged, if any. Subrecipient shall maintain trip log to consist of name of
seniors, origin of trip, destination, date of trip and cost.
Community Development Block Grant funds will be used to pay for transportation costs. During year
2003, transportation will be provided for 71 low to moderate income seniors.
19
APPENDIX C
Budqet
Transportation Services
$23,314.00
APPENDIX D
Reportinq Requirements
The Subrecipient shall submit to the Grantee the following reports for the term of this agreement.
1. Quarterly Progress Reports
Due April 15, 2003, July 15, 2003, October 15, 2003 and January 15, 2004.
2. Annual Report (Due January 30.2004)
3. Audit Report (Due 30 days after completion of audit).
ATTACHMENT #1
ReQulations. 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. OMS Circular A-133, "Audits of Institutions of Higher Education and Other Non-Profit
Institutions"
5. Augusta-Richmond County Procurement Policy
ATTACHMENT #2
Forms
1. Reimbursement Request
2. Quarterly Progress Report
3. Annual Report
4. Trip Log
5. Income Verification
20
tOlPY
CONTRACT BETWEEN AUGUSTA, GEORGIA
AND
COMMUNITIES IN SCHOOLS OF AUGUSTA-RICHMOND COUNTY, INC.
FOR
YEAR 2003 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
THIS AGREEMENT, made and entered into on this 1ST day of January, 2003, by and between
AUGUSTA, GEORGIA, by and through the Augusta-Richmond County Commission, as the
Implementor of the Community Development Block Grant Program (hereinafter referred to as
"Grantee"), and COMMUNITIES IN SCHOOLS OF AUGUSTA-RICHMOND COUNTY, INC.,
(hereinafter referred to as the "Subrecipient").
WHEREAS, the Grantee has received a Community Development Block Grant from the United
States Department of Housing and Urban Development (HUD) under Title I of the Housing and
Community Development Act of 1974, as ame(1ded (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:
"Dare To Learn MentoringlTutor Program".
The purpose of the program/project is to provide mentoring/tutoring services to at-risk
elementary, middle and high school youths. 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, 2003, 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 December 31, 2003, or until this Agreement is otherwise
terminated.
b. The parties agree that the Grantee may terminate this Contract or any work or
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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 pf 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) Mary A. Crawford, Executive Director
(2) Quincy Murphy, Chairman of Board
b. During the period of performance, Subrecipient shall make no substitutes of key
personnel unless the substitution is necessitated by illness, death, or termination of
employment. Subrecipient shall notify the Grantee Director of 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 $4.317.00 for full performance of the
services specified under this Agreement. Any cost above this amount shall be the sole
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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 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.
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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. 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:
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
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Subrecipient is not ~ 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 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 an 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,
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
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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 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 quarterly progress reports and any other
reports that may be specified in Appendix D.
b. CLIENT DATA
Subrecipient agrees to maintain racial, ethnic, gender, head of household, household
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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, 2004.
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 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 an annual financial report to the
Grantee.
d. ACCESS TO RECORDS
The Subrecipient agrees that the Grantee or any authorized representative has access to
and the right to examine all records, books, papers, or documents related to the project.
e. 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.
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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 Sub recipient who exercises any functions or responsibility
with respect to the program during his or her tenure or for one year thereafter, shall have
any financial interest, direct or indirect, in any contract or subcontract, or the proceeds
thereof, either for themselves or those with whom they have family or business ties, for work
to be performed in connection with the program assisted under this Agreement.
i. AUTHORIZATION TO EXECUTE AGREEMENT
The undersigned person signing as an officer on behalf of the Subrecipient, a party to this
Agreement, hereby severally warrants and represents that said person has authority to
enter into this Agreement on behalf of said Subrecipient and to bind the same to this
Agreement, and further that said Subrecipient has authority to enter into this Agreement and
that there are no restrictions or prohibitions contained in any article of incorporation or bylaw
against entering into this Agreement.
j. SECTION 504
The Subrecipient hereby certifies that, in the implementation of projects funded by this
Agreement and in all of its other operations, it will comply with all requirements of Section
504 of the Rehabilitation Act of 1973 (29 use 794) (and the implementing regulations at 24
CFR 8), the Americans with Disabilities Act of 1990 (PL 101-336), and all state and local
laws requiring physical and program accessibility to people with disabilities, and agrees to
defend, hold harmless, and indemnify the Grantee from and against any and all liability for
any noncompliance on the part of the Subrecipient.
k. INDEPENDENT CONTRACTOR
Nothing contained in this Agreement is intended to, or shall be construed in any manner to,
create or establish an employer-employee relationship between the parties, nor shall any
employee of the Subrecipient by virtue of this Contract be an employee of the Grantee for
any purpose whatsoever, nor shall any employee of the Subrecipient be entitled to any of
the rights, privileges, or benefits of Grantee employees. TheSubrecipient shall be deemed
at all times an independent contractor and shall be wholly responsible for time, means and
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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 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 CDBG
activities shall be transferred to the Grantee for the Community
Development program or shall be retained after submitting
compensation to the Grantee for the Community Development
program, and
(c) Compensation for items of equipment or personal property retained
or sold shall be an amount calculated by multiplying the current
market value or proceeds from sale by the percentage of CDBG
funds provided on the original costs of equipment or personal
property.
(3) Management and Requirements. Procedures for managing equipment
(including replacement equipment) and personal property, whether acquired
in whole or in part with grant funds, until disposition takes place shall, as a
minimum, meet the following requirements:
(a) Written notification must be given to the 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
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and cost of the property, percentage of CDBG funds in the cost of
the property, the location, use and condition of the property, and any
ultimate disposition data including the date of disposal and sale price
of the property.
(b) A physical inventory of the property must be taken and the results
reconciled with the property records at least once a year.
(c) A control system must be developed to ensure adequate safeguards
to prevent loss, damage or theft of the property. Any loss, damage
or theft shall be investigated by the Subrecipient and reported to the
Grantee.
(d) Adequate maintenance procedures must be developed to keep the
property in good condition.
(e) If the Subrecipient is authorized or required to sell the property,
proper sales procedures must be established to ensure the highest
possible return.
n. OWNERSHIP AND USE OF REAL PROPERTY
(1) Use and Disposition. In accordance with 24 CFR 570.503(a)(8), any real
property under the Subrecipient's control that was acquired or improved in
whole or in part with CDBG funds shall meet the following requirements:
(a) Used to meet one of the national objectives in 24 CFR 570.208 in
perpetuity. The Grantee or its designee may, at its discretion,
amend the term, but it shall never be less than five years for any real
property acquired or improved in whole or in part using COBG funds
in excess of $25,000; or
(b) Disposed of in a manner that results in the Grantee being reimbursed
in the amount of the current fair market value of the property less any
portion of the value attributable to expenditures of non-CDBG funds
for acquisition, or improvement of the property.
(2) Change in Use. In the case of acquisition, or improvement of real property,
prior to any change in use of the real property or planned use of any such
property (including beneficiaries of such use) from its original approved
purposed, the Subrecipient shall notify the Grantee in writing for the
Grantee's written prior approval to the change of use. The calculation of any
funds and/or monies which may be due hereunder as a result of any change
in use shall be made at the sole discretion of the Grantee or its designee
and this provision shall apply to the property in perpetuity unless the term is
amended in writing by the Grantee.
(3) Program Benefit. The Subrecipient agrees that the funds, plus any monies
contemplated by 24 CFR 570.503(a)(8) shall be returned to the Grantee, if,
in the determination of the Grantee, the program benefit requirements for
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use of real property, are not met by the Subrecipient at any time. The
calculation of any funds and/or monies which may be due hereunder shall
be determined solely by the Grantee.
(4) 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 theSubrecipient, 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.
(2) The Subrecipient will, in all solicitations or advertisements for employees
placed by or on behalf of the Subrecipien~ 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
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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
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:
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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 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 fortraining 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 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
14
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 conceming 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
15
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
cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
16
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
forth 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.
SEAL
~y:
AUGUSTA, GEORGIA
~tee)~
Bob ~ung {;
As its ayor
ATTEST:
,/'
SEAL
COMMUNITIES IN SCHOOLS OF AUGUSTA-Rl811MOND COUNTY, INC.
t! I)subrectenl)
By: 11/ ~_ ~
Q~rphy,
A~""hainn of 7
ATTEST:
clu;f!);~A/
As its Corporate Secretary
(Plain Witness)
18
APPENDIX A
Proiect Area
The office facility is located at 329 Telfair Street, Augusta, Georgia. Mentoring/tutoring services will
be undertaken at East Augusta Middle School, 320 Kentucky Avenue, Glenn Hills Middle School,
2941 Glenn Hills Drive, A.C. Griggs Middle/High School, Murphey Middle School, 2610 Milledgeville
Road, T. W. Josey, 1701 15th Street, and Tubman Middle School, 1740 Walton Way, Augusta,
Georgia.
APPENDIX B
Goals. Obiectives, and Tasks
Communities In Schools (CIS) is the local dropout prevention organization and the largest non-profit
"stay in school" network in Richmond County. It provides Alternative Education, Occupational Skills
Training, Tutoring/Mentoring Services, Guidance/Counseling, Citizenship and Leadership Training
to inner city at-risk youths. In collaboration with the Augusta-Richmond County School System, CIS
is provided space for its mentoring activities and access to student records. In addition, CIS
partners with the U.S. Department of Army under the Futureforce Program. This program combines
educational and social service seminars and workshops with specialized leadership training,
provided by the Army to help young people become leaders within their own peer and social
groups.
The goals of this project are:
1. To provide at-risk youths an opportunity to learn and grow in a safe, drug-free environment;
2. To provide supervised after-school and summer programs;
3. To incorporate a social component into the program, thus enhancing social skills; To improve
academic performance; and
4. To decrease the retention and dropout rate.
The purpose of this project is to provide mentoring/tutoring in reading and math to at-risks youths
in six (6) middle/high schools. The school system will develop groups of at-risk youths in need of
tutoring. The CIS program coordinator will meet one hour per week at each school with the
designated groups. The program coordinator shall maintain and carry out the curriculum for said
tutoring to include evaluation of student's progress and names of all participating students. Files
shall be maintained for each youth assisted. Files shall contain, but is not limited to income data
and verification for each youth assisted, application for services, record and description of services
provided and fees charged, if any.
It is estimated that approximately 250 at-risk low and moderate income youths will be provided
tutoring/mentoring during the 2003 program year. CIS shall submit to Grantee names of all
students and class dates with Quarterly Progress Reports.
Community Development Block Grant (CDBG) funds will be used for operational costs of the
program.
19
APPENDIX C
BudQet
Utilities
Insurance (van)
Copier Maintenance
Office Supplies
Gas (van)
Program Supplies (food mentor/mentee awards banquet
TOTAL
$1,500.00
$ 817.00
$ 500.00
$ 500.00
$ 500.00
$ 500.00
$4,317.00
APPENOIX 0
Reportinq Requirements
The Subrecipient shall submit to the Grantee the following reports for the term of this agreement.
1. Quarterly Progress Reports to include names of students and class dates.
Due April 15, 2003, July 15, 2003, October 15, 2003 and January 15, 2004.
2. Quarterly Trip Log
3. Annual Report
4. Audit Report (Due 30 days after completion of audit).
ATTACHMENT #1
ReQulations, 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. OMS Circular A-133, "Audits of Institutions of Higher Education and Other Non-Profit
Institutions"
5. Augusta-Richmond County Procurement Policy
ATTACHMENT #2
Forms
1. Reimbursement Request
2. Quarterly Progress Report
3. Annual Report
4. Trip Log
5. Income Verification
20
"
..,"
tOIPY
CONTRACT BETWEEN AUGUSTA, GEORGIA
AND
JWC HELPING HAND, INC.
FOR
YEAR 2003 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
THIS AGREEMENT, made and entered into on this ~day of January , 2003, 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 JWC HELPING HAND, 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 Subrecipientto 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:
Food Distribution Program
The purpose of the program is to provide food to the low or very low income persons, the
homeless and the elderly. 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. 2003 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 December 31. 2003, 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-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
2
(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) Velma D. Harris, 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.
3
7. COMPENSATION
The Subrecipient shall be paid a total consideration of $12.952.00 for full performance of the
services specified under this Agreement. Any cost above this amount shall be the sole
responsibility of the Subrecipient. Subrecipient shall submit monthly requests for payments to the
Housing and Neighborhood Development (HND) Department. Compensation shall be allowed on
a reimbursement basis, only after expenditures have been incurred by the Subrecipient and proper
supporting documentation has been submitted in conformity with the approved and executed
budget document which is attached to this Contract as Appendix C, incorporated herein by
reference. In every case, payment will be made subject to receipt of a reimbursement request for
payment from the Subrecipient specifying and certifying that such expenses have been incurred
and expended in conformance with this Contract and that the 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.
. ~
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 use 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 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 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.
11. INDIRECT COSTS
Indirect costs will only be paid if Subrecipient has an indirect cost allocation plan approved by the
Department of Housing and Urban Development prior to the execution of this Contract.
12. TRAVEL
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
5
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.
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.
6
19. GENERAL TERMS AND CONDITIONS
a. REPORTS
The Subrecipient agrees to submit to Grantee quarterly progress reports and any other
reports that may be specified in Appendix D.
b. CLIENT DATA
Subrecipient agrees to maintain racial, ethnic, gender, head of household, household
income, and household size data showing the extent to which these categories of persons
have participated in, or benefited from the project, and to submit this information to the
Grantee by January 30, 2004.
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 CDBG 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 an annual financial report to the
Grantee.
d. ACCESS TO RECORDS
The Subrecipient agrees that the Grantee or any authorized representative has access to
and the right to examine all records, books, papers, or documents related to the project.
e. 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,
7
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
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.
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
When procuring property, goods and services under $100,000, the Subrecipient shall follow
Augusta-Richmond County's procurement procedures which reflects applicable state and
local laws and regulations. For purchases of $1 00,000 or more. federal laws, regulations
and standards apply.
m. EQUIPMENT AND PERSONAL PROPERTY
(1) Use. Equipment and personal property shall be used by the Subrecipient
in the program or project for which it was acquired as long as need, whether
or not the project or program continues to be supported by Federal funds.
(2) Disposition. When no longer needed for the original program 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 CDBG
activities shall be transferred to the Grantee for the Community
Development program or shall be retained after submitting
compensation to the Grantee for the Community Development
program, and
(c) Compensation for items of equipment or personal property retained
or sold shall be an amount calculated by multiplying the current
market value or proceeds from sale by the percentage of CDBG
funds provided on the original costs of equipment or personal
property .
9
(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 CDBG funds in the cost of
the property, the location, use and condition of the property, and any
ultimate disposition data including the date of disposal and sale price
of the property.
(b) A physical inventory of the property must be taken and the results
reconciled with the property records at least once a year.
(c) A control system must be developed to ensure adequate safeguards
to prevent loss, damage or theft of the property. Any loss, damage
or theft shall be investigated by the Subrecipient and reported to the
Grantee.
(d) Adequate maintenance procedures must be developed to keep the
property in good condition.
(e) If the Subrecipient is authorized or required to sell the property,
proper sales procedures must be established to ensure the highest
possible return.
n. OWNERSHIP AND USE OF REAL PROPERTY
(1) Use and Disposition. In accordance with 24 CFR 570.503(a)(8), any real
property under the Subrecipient's control that was acquired or improved in
whole or in part with CDSG 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 Jess than five years for any real
property acquired or improved in whole or in part using CDBG funds
in excess of $25,000; or
(b) Disposed of in a manner that results in the Grantee being reimbursed
in the amount of the current fair market value of the property less any
portion of the value attributable to expenditures of non-CDBG funds
for acquisition, or improvement of the property.
10
(2) Change in Use. In the case of acquisition, or improvement of real property,
prior to any change in use of the real property or planned use of any such
property (including beneficiaries of such use) from its original approved
purposed, the Subrecipient shall notify the Grantee in writing for the
Grantee's written prior approval to the change of use. The calculation of any
funds and/or monies which may be due hereunder as a result of any change
in use shall be made at the sole discretion of the Grantee or its designee
and this provision shall apply to the property in perpetuity unless the term is
amended in writing by the Grantee.
(3) Program Benefit. The Subrecipient agrees that the funds, plus any monies
contemplated by 24 CFR 570.503(a)(8) shall be returned to the Grantee, if,
in the determination of the Grantee, the program benefit requirements for
use of real property, are not met by the Subrecipient at any time. The
calculation of any funds and/or monies which may be due hereunder shall
be determined solely by the Grantee.
(4) 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 affinnative 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.
11
(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
12
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
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.
13
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 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 fortraining 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, 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
14
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 fortraining 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, 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
14
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
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.
15
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 financ~d 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 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
16
of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement;
If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress,
an officer or employee of Congress, or employee of a Member of Congress, in connection with this
Federal Contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-
LLL, "Disclosure Form to.Report Lobbying" in accordance with its instructions; and
It will require that the language of this paragraph M be included in the award documents for all
subawards at all tiers (including subcontractors, subgrants, and contracts under grants, loans, and
cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by Section 1352, Title 31, United States Code. Any person
who fails to file the required certification shall be subject to a civil penalty of not less than $10,000
and not more than $100,000 for each such failure.
n. Provisions Required by Law Deemed Inserted
Each and every provision of law and clause required by law to be inserted in this Contract shall be
deemed to be inserted herein and the contract shall be read and enforced as though it were
included herein, and if through mistake or otherwise any such provision is not inserted, or is not
correctly inserted, then upon the application of either party the contract shall forthwith be physically
amended to make such insertion or correction.
o. HISTORIC PRESERVATION
. If applicable, the Subrecipient agrees to comply with the Historic Preservation requirements set
forth 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 WHERE OF, the parties have set their hands and seals as of the date first written
above.
ATTEST:
SEAL
~&l~
Clerk of Commission
ATTEST:
SEAL
Vernease Arrington
As its Corporate Secreta
I
/!d--Ji!. CJL')('
/. (PI~n Witness)
AUGUSTA. GEORGIA
Grantee)
cry
JWC HELPING HAND INC
(Subrecipient)
,
By: ~~~~ D ~C\.;~
Velma D. Harris
As its President
18
APPENDIX A
Proiect Area
The project is located at 2050 Bolt Drive, Dogwood Terrace Public Housing, Augusta, Georgia
30901.
APPENDIX B
Goals, Obiectives, and Tasks
JWC Helping Hand, Inc. is a food distribution program that focuses on low-income individuals and
families. In addition, it provides delivery of 48 Brown Bag food units, monthly on-site pick-up of 96
Brown Bag food units, SNAP distributions for families receiving TANF, Manna Truck, Fresh Produce
Truck, on-site shopping area open two days per week, assistance to families at-risk of eviction,
health and self-sufficiency education programs for families and individuals, and provide personal
hygiene products and food to homeless individuals and families. The primary service area is the
30901 and 30906 zip code areas with a concentration on low-income families.
Project goals:
1. Increase the number of service units during the funding period. They will also increase the
number of intakes and the number of service referrals. Information profiling of persons
served will be maintained and analyzed to find possible additional funding sources.
Project objectives:
1. To provide nutritional assistance including fresh produce to low-income families and the
elderly and homeless individuals and families.
2. To provide referral for support services for partner agencies including: The Augusta Housing
Authority, Goodwill Industries, The Golden harvest Food Bank and the Augusta Task Force
for the Homeless.
3. To provide housekeeping and personal hygiene products to low-income families and
homeless individuals and families.
4. To provide assistance to families at-risk of eviction and homelessness due to housekeeping
issues or unpaid utility bills.
5. To strengthen the community and prevent hunger and homelessness through information,
Cooperation, and educational services.
During year 2003, food will be provided to 5,000 low income persons. Subrecipient shall maintain
files on each person assisted. Each file shall contain, but is not limited to homeless documentation,
income data and verification, application for services, record and description of services provided,
and fees charged, if any.
Community Development Block Grant funds will be use for food, insurance and gas.
19
APPENDIX C
Budqet
Food
Insurance
Gas
$11,500.00
$ 952.00
$ 500.00
TOTAL
$12,952.00
APPENDIX D
Reportinq Requirements
The Subrecipient shall submit to the Grantee. the following reports for the term of this agreement.
1. Quarterly Progress Reports
Due April 15, 2003, July 15, 2003, October 15, 2003 and January 15, 2004.
2. Annual Repor:t (Due January 30, 2004)
3. Audit Report (Due 30 days after completion of audit).
ATTACHMENT #1
ReQulations. Circulars & Local Procurement Policv
1. Community Development Block Grant Entitlement Program 24 CFR 570
2. OMB Circular A-122
"Cost Principles for Non-Profit Organizations"
3. OMB 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
ATTACHMENT #2
Forms
1. Reimbursement Request
2. Quarterly Progress Report
3. Annual Report
4. Travel Log
5. Homeless Certification
6. Income Verification
20
~J
((;(J)fPt
"
CONTRACT BETWEEN AUGUSTA, GEORGIA
AND
ACTION MINISTRIES, INC. D/B/A AUGUSTA URBAN MINISTRIES
FOR
YEAR 2003 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
THIS AGREEMENT, made and entered into on this ~day of January, 2003, 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 ACTION MINISTRIES, INC. D/B/A AUGUSTA URBAN MINISTRIES (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 Subrecipientto 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:
Transitional Housing Program
The purpose of this project is to provide transportation for homeless clients participating in
the transitional housing 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. 2003 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 December 31. 2003, 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 the terms of this Agreement.
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3. KEY PERSONNEL
a. Subrecipient shall assign to this Contract the following key personnel:
(1) Rebecca Wallace, 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 $21.587.00 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
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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 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 RehabilitationAct
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
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, OMS Circular A-122, "Cost Principles for Non-Profit
Organizations," or OMS Circular A-21, "Cost P,rinciples 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.
11. INDIRECT COSTS
Indirect costs will only be paid if Subrecipient has an indirect cost allocation plan approved by the
Department of Housing and Urban Development prior to the execution of this Contract.
12. TRAVEL
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,
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
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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 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 quarterly progress 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 January 30, 2004.
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, the Subrecipient agrees to provide an annual financial report to the
Grantee.
d. ACCESS TO RECORDS
The Subrecipient agrees that the Grantee or any authorized representative has access to
and the right to examine all records, books, papers, or documents related to the project.
e. 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.
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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 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
the rights, privileges, or benefits of Grantee employees. The Subrecipient shall be deemed
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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-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 to the Grantee for the Community
Development program or shall be retained after submitting
compensation to the Grantee for the Community Development
program, and
(c) Compensation for items of equipment or personal property retained
or sold shall be an amount calculated by multiplying the current
market value or proceeds from sale by the percentage of CDBG
funds provided on the original costs of equipment or personal
property.
(3) Management and Requirements. Procedures for managing equipment
(including replacement equipment) and personal property, whether acquired
in whole or in part with grant funds, until disposition takes place shall, as a
minimum, meet the following requirements:
(a) Written notification must be given to the 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
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description of the property, a serial number or other identification
number, the source of property, who holds title, the acquisition date
and cost of the property, percentage of CDBG funds in the cost of
the property, the location, use and condition of the property, and any
ultimate disposition data including the date of disposal and sale price
of the property.
(b) A physical inventory of the property must be taken and the results
reconciled with the property records at least once a year.
(c) A control system must be developed to ensure adequate safeguards
to prevent loss, damage or theft of the property. Any loss, damage
or theft shall be investigated by the Subrecipient and reported to the
Grantee.
(d) Adequate maintenance procedures must be developed to keep the
property in good condition.
(e) If the Subrecipient is authorized or required to sell the property,
. proper sales procedures must be established to ensure the highest
possible return.
n. OWNERSHIP AND USE OF REAL PROPERTY
(1) Use and Disposition. In accordance with 24 CFR 570.503(a)(8), any real
property under the Subrecipient's control that was acquired or improved in
whole or in part with CDBG funds shall meet the following requirements:
(a) Used to meet one of the national objectives in 24 CFR 570.208 in
perpetuity. The Grantee or its designee may, at its discretion,
amend the term, but it shall never be less than five years for any real
property acquired or improved in whole or in part using CDBG funds
in excess of $25,000; or
(b) Disposed of in a manner that results in the Grantee being reimbursed
in the amount of the current fair market value of the property less any
portion of the value attributable to expenditures of non-CDBG funds
for acquisition, or improvement of the property.
(2) Change in Use. In the case of acquisition, or improvement of real property,
prior to any change in use of the real property or planned use of any such
property (including beneficiaries of such use) from its original approved
purposed, the Subrecipient shall notify the Grantee in writing for the
Grantee's written prior approval to the change of use. The calculation of any
funds and/or monies which may be due hereunder as a result of any change
in use shall be made at the sole discretion of the Grantee or its designee
and this provision shall apply to the property in perpetuity unless the term is
amended in writing by the Grantee.
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(3) Program Benefit. The Subrecipient agrees that the funds, plus any monies
contemplated by 24 CFR 570.503(a)(8) shall be returned to the Grantee, if,
in the determination of the Grantee, the program benefit requirements for
use of real property, are not met by the Subrecipient at any time. The
calculation of any funds and/or monies which may be due hereunder shall
be determined solely by the Grantee.
(4) 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.
(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
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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
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,
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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 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.
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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 use 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 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, 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.
14
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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 provid~d 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
15
/
/
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 ttie "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,
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
16
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 ggnts, 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
forth 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 govemed 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:
SEAL
~BY
AUGUSTA. GEORGIA
~ntee)
BoJ~
As its Mayor
ena J. Bonner
Clerk of Commission
ATTEST:
SEAL
ACTION MINISTRIES, INC. D/B/A
AUGUSTA URBAN MINISTRIES
(Subrecipient)
By ()~10d~
As its President
~~~&
Joan Nunnelly r..;;t'
As its Corporate Secretary
5i t:.--l-4/>- ~ ~ ~ Ll
(Plain Witness) )
18
APPENDIX A
Proiect Area
The project is located at 303 Hale Street, Augusta, Georgia 30901.
APPENDIX B
Goals. Obiectives. and Tasks
The mission of Augusta Urban Ministries is to offer temporary housing along with living skills
assistance through it's Transitional Housing Program to homeless families which will enable them
to make the transition from dependence to independent living. Currently, seven transitional houses
are being utilized with an additional one in the process of being secured.
During year 2003, the Subrecipient will provide 12 homeless lower income families with housing
and supportive services. Subrecipient shall maintain files on each family assisted. Each file shall
contain, but is not limited to homeless documentation, income data and verification, application for
services, record and description of services provided, case management and follow-up.
Community Development Block Grant funds will be used to purchase a fifteen-passenger van,
which will be used to provide transportation for homeless clients participating in the transitional
housing program. The van will be used to transport clients to appointments, training sessions,
support groups, job interviews and jobs. Subrecipient shall maintain insurance, maintenance, and
trip log records. Trip logs shall be submitted to Grantee on a quarterly basis for 5 years (January
2008).
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 by formal advertising. The invitation for bids shall be publicly
advertised in the Augusta Chronicle and at least one minority newspaper. Bids shall be solicited
from an adequate number of known suppliers/vendors, providing them sufficient time prior to the
date set for opening of the 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.
APPENDIX C
BudQet
Van
$21,587.00
$21,587.00
TOTAL
19
APPENDIX D
ReportinQ Requirements
The SUbrecipient shall submit to the Grantee the following reports for the term of this agreement.
1. Quarterly Progress Reports
Due April 15, 2003, July 15, 2003, October 15, 2003 and January 15, 2004.
2. Quarterly Trip Log (Last report due January 14, 2008.)
3. Annual Report (January 30, 2004)
4. Audit Report (Due 30 days after completion of audit).
ATTACHMENT #1
Regulations. Circulars & Local Procurement Policv
1. Community Development Block Grant Entitlement Program 24 CFR 570
2. OMB Circular A-122
"Cost Principles for Non-Profit Organizations"
3. OMB 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
1. Reimbursement Request
2. Quarterly Progress Report
3. Quarterly Trip Log
4. Annual Report
5. Bid Form
6. Inventory
7. Homeless Certification
8. CDBG Income Verification
20
CC~~1f
CONTRACT BETWEEN AUGUSTA, GEORGIA
AND
GEORGIA LEGAL SERVICES PROGRAM, INC.
FOR
2003 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
RECAPTURED URBAN DEVELOPMENT ACTION GRANT FUNDS
THIS AGREEMENT, made and entered into on this 1 st day of January 2003, by and
between AUGUSTA, GEORGIA, through the Augusta-Richmond County Commission, as
the Implementor of the Community Development Block Grant (CDBG) Program (hereinafter
referred to as "Grantee"), and GEORGIA LEGAL SERVICES PROGRAM, INC., (hereinafter
referred to as the "Subrecipient").
WHEREAS, the Grantee is the recipient of Urban Development Action Grant (UDAG) funds
under the CDSG program from the United States Department of Housing and Urban
Development (HUD) under Title I, Housing and Community Development Act of 1974, as
amended (42 U.S.C. 5301) (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 converted into "Miscellaneous Revenues", 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 "Miscellaneous Revenues" be dispersed according
to Part 570 Subpart C of the CDBG regulations and Part 570 Subpart G of the UDAG
regulations, and
WHEREAS, those "Miscellaneous Revenues" designated by this agreement in Appendix C
are to be used, as described in Appendix B, for public service activities described under Part
570.201 (e) of the CDBG regulations and are thus included as eligible activities 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:
"Homeless Advocacy Program"
The purpose of the program is to provide legal assistance for the representation of
indigent tenants in eviction proceedings. 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, 2003, 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 December 31, 2004,
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 ofthis Agreement which
2
may result in suspension or termination in accordance with 24 CFR
85.43 or OMB Circular A-11 O.
(3) Expends funds under this Agreement for ineligible activities, services,
or items;
(4) Implements the project prior to notification from the Grantee that the
federal environmental review process has been completed;
(5) Violates Labor Standards requirements; or
(6) Fails to comply with written notice from the Grantee of substandard
performance under the terms of this Agreement.
3. KEY PERSONNEL
a. Subrecipient shall assign to this Contract the following key personnel:
(1) Phyllis J. Holmen, Executive Director
(2) Cathy Jackson, Office Manager
b. During the period of performance, Subrecipient shall make no substitutes of
key personnel unless the substitution is necessitated by illness, death, or
termination of employment. Subrecipient shall notify the Grantee Director of
HND within five (5) calendar days after the occurrence of any of these events
and provide the following information, providing a detailed explanation of the
circumstances necessitating the proposed substitutions, complete resumes
for the proposed substitutes, and any additional information requested by the
Grantee's Director of HND. Proposed substitutes should have comparable
qualifications to those of the persons being replaced. The Grantee's Director
of HND will notify the Subrecipient within fifteen (15) calendar days after
receipt of all required iilformation 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,
3
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 theSubrecipient may be held in
default.
6. SEVERABILITY
If any term or condition of this Agreement is found by a court of competent jurisdiction to be
void or invalid, such invalidity shall not affect the remaining terms and conditions of this
Agreement, which shall continue in full force and effect.
7. COMPENSATION
The Subrecipient shall be paid a total consideration of$15,253.00 for full performance of the
services specified under this Agreement. Any cost above this amount shall be the sole
responsibility of the Subrecipient. Subrecipient shall submit monthly requests for payments
to the Housing and Neighborhood Development (HND) Department. Compensation shall
be allowed on a reimbursement basis, only after expenditures have been incurred by the
Subrecipient and proper supporting documentation has been submitted in conformity with
the approved and executed budget document which is attached to this Contract as Appendix
C, incorporated herein by reference. In every case, payment will be made subject to receipt
of a reimbursement request for payment from theSubrecipient 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.
Requests for payments must be received by Grantee not later than the 15th day of each
calendar month for work performed during the preceding calendar month. TheSubrecipient
shall not claim reimbursement from the Grantee for that portion of itsobligations 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.
4
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 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-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, theSubrecipient 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 an indirect cost allocation plan approved
by the Department of Housing and Urban Development prior to the execution of this
Contract.
5
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.
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, orcopies 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
6
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 notassignable 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 quarterly progress reports and any
other reports that may be specified in Appendix D.
b. CLIENT DATA
Subrecipient agrees to maintain racial, ethnic, gender, head of household,
household income, and household size data showing the extent to which these
categories of persons have participated in, or benefited from the project, and to
submit this information to the Grantee by January 30, 2004.
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;
7
(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 Circufar A-133. However, if an audit is not required, the
Subrecipient agrees to provide an annual financial report to the Grantee.
d. ACCESS TO RECORDS
The Subrecipient agrees that the Grantee or any authorized representative has
access to and the right to examine all records, books, papers, or documents related
to the project.
e. RETENTION
The Subrecipient hereby severally warrants that all project records, books, papers,
and documents will be retained for a period of not less than four (4) years after the
termination of all activities funded under this contract, or after the resolution of all
Federal audit findings, whichever occurs later and grants the Grantee the option of
retention of the project records, books, papers, and documents. The retention
period shall start from the date of submission of the Grantee's annual performance
report, as prescribed in 24 CFR 91.520, in which the specific activity is reported on
for the final time rather than from the date of submission of the final expenditure
report for the award.
f. PERMITS
The Subrecipient agrees to obtain all necessary permits for intended improvements
or activities.
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,
8
business, or other ties. Further, no member, officer, or employeeof 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 saidSubrecipient and to bind the
same to this Agreement, and further that saidSubrecipient 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.
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 $100,000, the Subrecipient
shall follow Augusta-Richmond County's procurement procedures which reflects
applicable state and local'aws and regulations. For purchases of $100,000 or more,
federal laws, regulations and standards apply.
9
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 CDBG
activities shall be transferred to the Grantee for the
Community Development program or shall be retained after
submitting compensation to the Grantee for the Community
Development program, and
(c) Compensation for items of equipment or personal property
retained or sold shall be an amount calculated by multiplying
the current market value or proceeds from sale by the
percentage of CDBG funds provided on the original costs of
equipment or personal property.
(3) Management and Requirements. Procedures for managing
equipment (including replacement equipment) and personal property,
whether acquired in whole or in part with grant funds, until disposition
takes place shall, as a minimum, meet the following requirements:
(a) Written notification must be given to the 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 CDBG funds in the cost of
the property, the location, use and condition of the property,
and any ultimate disposition data including the date of
disposal and sale price of the property.
10
(b) A physical inventory of the property must be taken and the
results reconciled with the property records at least once a
year.
(c) A control system must be developed to ensure adequate
safeguards to prevent loss, damage or theft of the property.
Any loss, damage or theft shall be investigated by the
Subrecipient and reported to the Grantee.
(d) Adequate maintenance procedures must be developed to
keep the property in good condition.
(e) If the Subrecipient is authorized or required to sell the
property, proper sales procedures must be established to
ensure the highest possible return.
n. OWNERSHIP AND USE OF REAL PROPERTY
(1) Use and Disposition. In accordance with 24 CFR 570.503(a)(8),
any real property under the Subrecipient's control that was acquired
or improved in whole or in part with CDBG funds shall meet the
following requirements:
(a) Used to meet one of the national objectives in 24 CFR
570.208 in perpetuity. The Grantee or its designee may, at
its discretion, amend the term, but it shall never be less than
five years for any real property acquired or improved in whole
or in part using CDBG funds in excess of $25,000; or
(b) Disposed of in a manner that results in the Grantee being
reimbursed in the amount of the current fair market value of
the property less any portion of the value attributable to
expenditures of non-CDBG funds for acquisition, or
improvement of the property.
(2) Change in Use. In the case of acquisition, or improvement of real
property, prior to any change in use of the real property or planned
use of any such property (including beneficiaries of such use) from
its original approved purposed, the Subrecipient shall notify the
Grantee in writing for the Grantee's written prior approval to the
change of use. The calculation of any funds and/or monies which
may be due hereunder as a result of any change in use shall be
made at the sole discretion of the Grantee or its designee and this
provision shall apply to the property in perpetuity unless the term is
amended in writing by the Grantee.
(3) Program Benefit. The Subrecipient agrees that the funds, plus any
monies contemplated by 24 CFR 570.503(a)(8) shall be returned to
11
the Grantee, if, in the determination of the Grantee, the program
benefit requirements for use of real property, are not met by the
Subrecipient at any time. The calculation of any funds andlormonies
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 theSubrecipient,
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.
(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
12
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
Subrecipient may request the United States to enter into such
litigation to protect the interests of the United States.
13
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.
14
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 bySubrecipients
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 DevelopmentAct 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 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, 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.
15
f. Labor Standards
Except with respect to the rehabilitation of residential property de.signed 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 elimination of lead-based paint hazards under 24 CFR Part 35. TheSubrecipient, at its
16
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 1978be
properly notified that such properties may contain lead-based paint. Such notification shall
point out the hazards of lead-based paint and explain the symptoms, treatment, and
precautions that should be taken when dealing with lead-based paint poisoning.
k. Special Assessments
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 ~eceived 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.
17
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 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 forth 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
18
rehabilitation and demolition of historic properties that are fifty years old or older or that
are included on a Federal, State, or local historic property list.
21. MISCELLANEOUS
a. This Agreement shall be governed by and construed according to the laws
of the State of Georgia.
b. Time shall be of the essence to this Contract, except where it is herein
specifically provided to the contrary. Subrecipient shall provide the scope
of services in accordance with the schedule set forth in Appendix B.
IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first
written above.
JQJfJi~
Clerk of Commission
BJ:
~
AUGUSTA, GEORGIA
(Grantee)
~~u~6
As its Mayor
ATTEST:
SEAL
ATTEST:
GEORGIA LEGAL SERVICES PROGRAM. INC.
(Subrecipient)
SEAL
~ !Id#tL
.~~~u- ~ By:
Pamela 'S. James
As its Corporate Secretary
19
APPENDIX A
Project Area
The office facility is located at 811 Telfair Street, Suite 202, Augusta, Georgia. The project
area is the City of Augusta, Georgia.
APPENDIX B
Goals, Objectives, and Tasks
The objectives of the project is to help low income people at risk for losing their housing to
identify, obtain and keep decent, permanent, low-income housing; increase stability for the
homeless and identify affordable housing programs that allow access to low-income
permanent housing. ,
The purpose of the project is to provide legal representation in the courts and administrative
forums and/or advice/counseling to eligible homeless and/or low income clients: 1) facing
foreclosures with bankruptcies to protect the home; 2) living in substandard housing where
landlords refuse to make specific repairs as the law requires; 3) who have been evicted
unlawfully; 4) facing eviction from public housing where the case has a legal merit; and 5)
who encounter legal issues with landlords or programs under other federally subsidized
housing.
During the 2003 program year, Georgia Legal Services will provide legal assistance to 150
homeless and/or low income persons, conduct a minimum of eight (8) community education
and legal rights workshops and provide representation to children denied enrollment or
admission in school. Files shall be maintained on each person assisted. Each file shall
contain, but is not limited to homeless documentation, income data and verification,
application for services, record and description of services provided.
Funds will be used for salary and operational costs of the agency.
APPENDIX C
Budget
TOTAL
$ 5,003.00
$ 3,000.00
$ 400.00
$ 1,500.00
$ 1,850.00
$ 1,000.00
$ 500.00
$ 100.00
$ 400.00
$ 1,500.00
$15,253.00
Salary
Rent
Insurance (malpractice)
Travel
Case Costs
Supplies
Postage
Conference Registration
Dues (bar)
Telephone
20
~(Q)~y
."
CONTRACT BETWEEN AUGUSTA, GEORGIA
AND
SOUTHSIDE OUTREACH COMMUNITY PROGRAM, INC.
FOR
2003 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
RECAPTURED URBAN DEVELOPMENT ACTION GRANT FUNDS
THIS AGREEMENT, made and entered into on this ~ day of September 2003, by and
between AUGUSTA, GEORGIA, through the Augusta-Richmond County Commission, as
the Implementor of the Community Development Block Grant (CDBG) Program (hereinafter
referred to as "Grantee"), and SOUTHSIDE OUTREACH COMMUNITY PROGRAM, INC.,
(hereinafter referred to as the "Subrecipient").
WHEREAS, the Grantee is the recipient of Urban Development Action Grant (UDAG) funds
under the Community Development Block Grant (CDSG) Program from the United States
Department of Housing and Urban Development (HUD) under Title I, Housing and
Community Development Act of 1974, as amended (42 U.S.C. 5301) (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 converted into "Miscellaneous Revenues", 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 "Miscellaneous Revenues" be dispersed according
to Part 570 Subpart C of the CDBG regulations and Part 570 Subpart G of the UDAG
regulations, and
WHEREAS, those "Miscellaneous Revenues" designated by this agreement in Appendix C
are to be used, as described in Appendix B, for public service activities described under Part
570.201 (e) of the CDSG regulations and are thus included as eligible activities 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 Southside Tutorial Outreach Community
Program. The purpose of the project is to provide after-school tutorial services to low
income youths.
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 September 3, 2003
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 August 31,2004 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 orto meet project progress or completion
deadlines;
(2) Materially fails to comply with any provision of this Agreement which
may result in suspension or termination in accordance with 24 CFR
85.43 or OMB Circular A-11 O.
~
(3) Expends funds under this Agreement for ineligible activities, services,
or items;
(4) Implements the project prior to notification from the Grantee that the
federal environmental review process has been completed;
(5) Violates Labor Standards requirements; or
(6) Fails to comply with written notice from the Grantee of substandard
performance under the terms of this Agreement.
3. KEY PERSONNEL
a. Subrecipient shall assign to this Contract the following key personnel:
(1) Mary L. Bogan, President
(2) E. L. Thomas, Jr., Registered Agent
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 $10,000 for full performance of the
services provided and expenses incurred as specified under this Agreement. Any cost
above this amount shall be the sole responsibility of the Subrecipient.
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. Subrecipient agrees to comply with the uniform administrative
requirements specified at 24 CFR 570.502 and 24 CFR 570.610, including OMS Circular A-
122, "Cost Principles for Non-Profit Organizations," OMB A-11 0, as specified at 24 CFR
570.502(b) and OMS A-133 "Audits of States, Local Governments, and Non-Profit
Organizations" .
Subrecipient is prohibited from using funds provided herein for political activities, sectarian
or religious activities, or lobbying activities.
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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.
11. INDIRECT COSTS
Indirect costs will only be paid if Subrecipient has an indirect cost allocation plan approved
by the Department of Housing and Urban Development prior to the execution of this
Contract.
12. TRAVEL
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
andlor 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, 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 Subredpient. .
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.
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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 progress, monthly
expenditure and annual reports for the Years 2003 and 2004.
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 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 an annual financial report to the Grantee.
d. ACCESS TO RECORDS
The Subrecipient agrees that the Grantee or any authorized representative has
access to and the right to examine all records, books, papers, or documents related
to the project.
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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 use 794) (and the implementing
8
regulations at 24 CFR 8), the Americans with Disabilities Act of 1990 (PL 101-336),
and all state and local laws requiring physical and program accessibility to people
with disabilities, and agrees to defend, hold harmless, and indemnify the Grantee
from and against any and all liability for any noncompliance on the part of the
Subrecipient.
k. INDEPENDENT CONTRACTOR
Nothing contained in this Agreement is intended to, or shall be construed in any
manner to, create or establish an employer-employee relationship between the
parties, nor shall any employee of the Subrecipient by virtue of this Contract be an
employee of the Grantee for any purpose whatsoever, nor shall any employee of the
Subrecipient be entitled to any of the rights, privileges, or benefits of Grantee
employees. The Subrecipient shall be deemed at all times an independent
contractor and shall be wholly responsible for time, means and manner for
performance of the services required of it by the terms of this Contract. The
Subrecipient assumes exclusively the responsibility for the acts of its employees as
they relate to the services provided during the course and scope of their
employment.
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 $1 00,000 or more
federal laws, regulations and standards apply.
m. EQUIPMENT AND PERSONAL PROPERTY
(1) Use. Equipment and personal property shall be used by the
Subrecipient in the program or project for which it was acquired as
long as need, whether or not the project or program continues to be
supported by Federal funds.
(2) Disposition. When no longer needed for the original program
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 COSG
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
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(c) Compensation for items of equipment or personal property
retained or sold shall be an amount calculated by multiplying
the current market value or proceeds from sale by the
percentage of CDBG funds provided on the original costs of
equipment or personal property.
(3) Management and Requirements. Procedures for managing
equipment (including replacement equipment) and personal property,
whether acquired in whole or in part with grant funds, until disposition
takes place shall, as a minimum, meet the following requirements:
(a) Written notification must be given to the 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 CDBG funds in the cost of
the property, the location, use and condition of the property,
and any ultimate disposition data including the date of
disposal and sale price of the property.
(b) A physical inventory of the property must be taken and the
results reconciled with the property records at least once a
year.
(c) A control system must be developed to ensure adequate
safeguards to prevent loss; damage or theft of the property.
Any loss, damage or theft shall be investigated by the
Subrecipient and reported to the Grantee.
(d) Adequate maintenance procedures must be developed to
keep the property in good condition.
(e) If the Subrecipient is authorized or required to sell the
property, proper sales procedures must be established to
ensure the highest possible return.
n. OWNERSHIP AND USE OF REAL PROPERTY
(1) Use and Disposition. In accordance with 24 CFR 570.503(a)(8),
any real property under the Subrecipient's control that was acquired
or improved in whole or in part with CDBG funds shall meet the
following requirements:
(a) Used to meet one of the national objectives in 24 CFR
570.208 in perpetuity. The Grantee or its designee may, at
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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 CDSG funds in excess of $25,000; or
(b) Disposed of in a manner that results in the Grantee being
reimbursed in the amount of the current fair market value of
the property less any portion of the value attributable to
expenditures of non-CDBG funds for acquisition, or
improvement of the property.
(2) Change in Use. In the case of acquisition, or improvement of real
property, prior to any change in use of the real property or planned
use of any such property (including beneficiaries of such use) from its
original approved purposed, the Subrecipient shall notify the Grantee
. in writing for the Grantee's written prior approval to the change of
use. The calculation of any funds and/or monies which may be due
hereunder as a result of any change in use shall be made at the sole
discretion of the Grantee or its designee and this provision shall
apply to the property in perpetuity unless the term is amended in
writing by the Grantee.
(3) Program Benefit. The Subrecipient agrees that the funds, plus any
monies contemplated by 24 CFR 570.503(a)(8) shall be returned to
the Grantee, if, in the determination of the Grantee, the program
benefit requirements for use of real property, are not met by the
Subrecipient at any time. The calculation of any funds and/or monies
which may be due hereunder shall be determined solely by the
Grantee.
(4) 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
11
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.
(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
12
remedies invoked as provided in Executive Order 11246 of
September 24, 1965, as amended, or as otherwise provided by law.
(7) The Subrecipient will include the portion of the sentence immediately
preceding paragraph (1) and the provisions of paragraphs (1)
through (7) in every subcontract or purchase order unless exempted
by rules, regulations, or orders of the Secretary of Labor, issued
pursuant to Section 204 of Executive Order 11246 of September 24,
1965, as amended, so that such provisions will be binding upon each
subcontractor or vendor. The Subrecipient will take such action with
respect to any subcontract or purchase order as HUD may direct as a
means of enforcing such provisions, including sanctions for
noncompliance; provided, however, that in the event a Subrecipient
becomes involved in, or is threatened with, litigation with a
subcontractor or vendor as a result of such direction by HUD, the
Subrecipient may request the United States to enter into such
litigation to protect the interests of the United States.
b. Equal Opportunity in Participation
Underthe 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.
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(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 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 orwritten 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.
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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 orto 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 notless 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 1 02(a) of said Act.
h. Clean Air Act and Federal Water Pollution Control Act (Applicable to
Contracts and Subcontracts which exceed $100,000).
The Subrecipient shall comply with and require each subcontractor to comply with all
applicable standards of the Clean Air Act of 1970 (42 USC 1857 et seq.), as amended, the
Clean Air Act of 1990, the Federal Water Pollution Control Act (33 USC 1251 et seq.), as
amended, and the regulations of the Environmental Protection Agency with respect thereto,
at 40 CFR Part 15, as amended from time to time.
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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 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 conduct any acquisition, rehabilitation, or demolition, of real property, and any
negotiations for acquisition, rehabilitation, or demolition of real property in compliance with
the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as
amended, Section 1 04(d) of the Act, and the implementing regulations at 49 CFR 24 and 24
CFR 570.606. Unless specifically permitted in Appendix B or Appendix C, Subrecipient will
not cause either temporary or permanent involuntary displacement of persons or
businesses. If Subrec:pient causes the involuntary temporary or permanent displacement of
any person or business as a result of Community Development Block Grant Activities, it shall
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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 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.
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o. HISTORIC PRESERVATION
If applicable, the Subrecipient agrees to comply with the Historic Preservation requirements
set forth 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)
J;~$4
Len . onner
Clerk of Commission
cr
(Witness)
ATTEST:
SOUTHSIDE OUTREACH COMMUNITY PROGRAM. INC.
(Subrecipient)
By:
SEAL
Jency Crumbley
As its Corporate Secretary
(Plain Witness)
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;;
APPENDIX A
Project Area
Mt. Vernon Baptist Church, 1930 Olive Road, Augusta, Georgia.
APPENDIX B
Goals. Obiectives, and Tasks
The Southside Outreach Community Program is a non-profit agency whose mission is to
enhance the educational opportunities of low and moderate income youths by providing
tutorial services in Mathematics, Language, Arts and Sciences. Students will be taught skills.
that will enhance and motivate learning techniques which will enable them to progress and
successfully complete their class and homework.
The Subrecipient will operate the "Tutorial Program" twice a week, being Tuesday and
Thursday from 5:30 p.m. to 8:00 p.m. at the Mt. Vernon Baptist Church. The program will
commence September 2003 and end May 2004. Instructional education will be provided by.
State certified teachers.
During the term of this agreement, it is anticipated that 65 youths will participate in the
tutorial program. Subrecipient shall maintain files for each youth assisted. Each file shall
contain, but is not limited to household income data and verification, application for program,
time and attendance records and progress reports.
R-UDAG funds will be used to pay stipends to the teachers, administrative aide and security
guards.
APPENDIX C
Budqet
Stipends (teachers, administrative aide & security personnel)
$10,000
APPENDIX D
Reoortinq Requirements
The Subrecipient shall submit to the Grantee the following reports for the term of this
agreement.
1. Monthly Progress Reports - Due 15th of month for prior month activities.
2. Monthly Expenditure Reports - Due 15th of month for prior month activities.
3. Annual Reports for Years 2003 and 2004. Due January 30, 2004 &
January 30, 2005
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1. Reimbursement Request
2. Quarterly Progress Report
3. Annual Report
4. Time Sheet
5. Income Verification
6. Annual Report
ATTACHMENT #1
Forms
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