HomeMy WebLinkAboutAGREEMENT BETWEEN AUGUSTA GA AND AUGUSTA MINI THEATRE INC 2012 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM $12,673.50AGREEMENT BETWEEN AUGUSTA, GEORGIA
AND
AUGUSTA MINI THEATRE, INC.
2012 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
NOW, THEREFORE, it is agreed between the parties hereto as follows:
ARTICLE I. DEFINITIONS AND IDENTIFICATIONS
This Agreement is made and entered into this 1 day of January, 2012, by and between Augusta,
Georgia, by and through the Augusta, Georgia Commission, as the Implementer of the Community
Development Block Grant Program (hereinafter referred to as "Grantee "), and AUGUSTA MINI
THEATRE, INC, (hereinafter referred to as the "Subrecipient ").
WHEREAS, the Grantee has applied for and received funds from the United States Government under
Title I of the Housing and Community Development Act of 1974, as amended (HCD Act), Public Law 93-
383; and
WHEREAS, the Grantee wishes to engage the Subrecipient to assist the Grantee in utilization of such
funds;
WHEREAS, the Subrecipient acknowledges and agrees to comply with all relevant Federal and applicable
Local guidelines related to the administration of this Agreement;
Unless otherwise specified, the following terms used herein shall be defined as listed below in this
Article I.
Act
Means Title I of the Housing and Community Development Act of 1974, as amended (42 U.S.C. 5301 et
seq.).
Annual Plan
The one -year portion of a Participating Jurisdiction's Consolidated Plan (see definition of "Consolidated
Plan "). It includes the Pi's annual application for HOME, HOPWA and ESG funds.
Business Concern
Means businesses that can provide evidence that they meet one of the following:
a) 51 percent or more owned by Section 3 residents; or
b) At least 30 percent of its full time employees include persons that are currently Section 3 residents,
or within three years of the date of first employment with the business concern were Section 3
residents; or
c) Provides evidence, as required, of a commitment to subcontract in excess of 25 percent of the dollar
award of all subcontracts to be awarded to business concerns that meet the qualifications in the above
two paragraphs.
Consolidated Plan
A document written by a State or local government describing the housing needs of the low- and
moderate - income residents, outlining strategies to meet the needs and listing all resources available to
implement the strategies. This document is required to receive HUD Community Planning and
Development funds.
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Low and Moderate Income Person
The term "Low and Moderate Income Person" shall mean a member of a family having a total income
equal to or less than the U.S. Department of Housing and Urban Development (HUD) established Section
8 low income limit. This limit has been set as 80% of Area Median Income. Individuals not related by
birth or by marriage will be considered as one - person families for this purpose.
Participating Jurisdiction
The term given to any State or local government that HUD has designated to administer a CDBG
Program. HUD designation as a PJ occurs if a State or local government meets the funding thresholds,
notifies HUD that it intends to participate in the program, and obtains approval by HUD of a
Consolidated Plan.
Personal Property
Property of any kind except real property. It may be tangible, having physical existence, or intangible,
having no physical existence, such as copyrights, patents, or securities.
Project
The term "Project" shall mean the objective established for the expenditure of CDBG funds as set forth
in Article I11 hereto entitled "Scope of Services and Timetable."
Small Business
Means a business that meets the criteria set forth in Section 3 (a) of the Small Business Act, as amended
(15 U.S. C. 632), and "Minority and Women's Business Enterprise" shall mean a business at least fifty -
one percent (51 %) percent owned and controlled by minority group members or women. For the
purposes of this definition section, the following terms shall be defined as follows: "minority group
members" shall mean are African - Americans, Spanish- speaking, Spanish surnamed or Spanish- heritage
Americans, Asian- Americans and American Indians. . The Subrecipient may rely on written
representations by businesses regarding their status as Minority and Women Business Enterprises.
Subrecipient
A public agency or nonprofit organization selected by a participating jurisdiction to administer all or a
portion of the participating jurisdiction's CDBG Program. A public agency or nonprofit organization that
receives CDBG funds solely as a developer or owner of housing is not a subrecipient.
U.S.C.
United States Code, "the codification by subject matter of the general and permanent laws of the United
States,"
ARTICLE II: PREAMBLE
In order to establish the background, context and frame of reference for this Agreement and to manifest
the objectives and the intentions of the respective parties herein, the following statements,
representations and explanations are set forth. Such statements, representations and explanations shall
be accepted as conditions precedent for the undertakings and commitments included within the
following provisions. These statements, representations, and explanations may be relied upon by the
parties as essential elements of the mutual considerations upon which this Agreement is based.
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Communication and details concerning this Agreement shall be directed to the following Agreement
representatives:
Grantee:
With copy to:
If to Subrecipient:
ARTICLE V: GENERAL CONDITIONS
A. General Compliance
The Subrecipient agrees to comply with the requirements of Title 24 of the Code of Federal
Regulations, Part 570 [the U. S. Housing and Urban Development regulations concerning
Community Development Block Grants (CDBG)] including subpart K of these regulations, except
that (1) the Subrecipient does not assume the Grantee's environmental responsibilities and (2)
the Subrecipient does not assume the Grantee's responsibility for initiating the review process.
The Subrecipient also agrees to comply with all other applicable Federal, State and Local laws,
regulations, and policies governing the funds provided under this Agreement. The Subrecipient
further agrees to utilize funds available under this Agreement to supplement rather than
supplant funds otherwise available.
B. Independent Contractor
C. Hold Harmless
Augusta, Georgia
Attention: David S. Copenhaver, Mayor
530 Greene Street, 8 Floor
Augusta, Georgia 30901
Housing and Community Development Department
Attention: Chester A. Wheeler, III, Director
925 Laney - Walker Boulevard, 2 " Floor
Augusta, Georgia 30901
Augusta Mini Theatre, Inc.
Attention: Tyrone J. Butler, Founder /Executive Director
2548 Deans Bridge Road
Augusta, GA 30906 -2202
Nothing in this Agreement is intended to, or shall be construed in any manner, as creating or
establishing the relationship of employer /employee between the parties. The Subrecipient shall
at all times remain an "Independent Contractor" with respect to the services to be performed
under this Agreement. The Grantee shall be exempt from payment of all Unemployment
Compensation; FICA; Retirement; Life and /or Medical insurance; and Workers' Compensation
Insurance, because the Subrecipient is an Independent Contractor.
The Subrecipient shall hold harmless, defend and indemnify the Grantee, and its employees and
agents from any and all liabilities, demands, damages, losses, claims, actions, suits, charges,
judgments and expenses, including attorney's fees, that arise out of the Subrecipient's
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F. Grantee's Recognition
The Subrecipient shall insure recognition of the role of the Grantee in providing services through
this Agreement. All activities, facilities and items utilized pursuant to this Agreement shall be
prominently labeled as to funding source. In addition, the Subrecipient will include a reference
to the support provided herein in all publications made possible with funds made available
under this Agreement, and shall:
a. acknowledgement of Augusta as grantee
b. label all assets purchased with CDBG funds "Property of Augusta, GA ", and
c. insertion of HUD logo on all publications relating to program funded with CDBG funds.
G. Amendments
1. The Grantee or Subrecipient may amend this Agreement at any time provided that such
amendments make specific reference to this Agreement; are executed in writing, signed by
a duly authorized representative of each organization; and approved by the Grantee's
governing body. Such amendments shall not cancel or invalidate this Agreement, nor
relieve or release the Grantee or Subrecipient from its obligations under this Agreement.
2. Further it is understood that the Grantee is responsible to HUD for the administration of
funds, Grantee may consider and act upon reprogramming recommendations as proposed
by its Subrecipient. In the event that the Grantee approves any modification, amendment,
or alteration to the funding allocation, the Subrecipient shall be notified pursuant to Article
V and such notification shall constitute an official amendment to this Agreement.
3. The Subrecipient shall submit to the Grantee within thirty (30) days of the completion of
each Project a complete financial accounting of all its project activities.
4. The Department's Director shall be authorized to approve line item changes to the
Subrecipient's budget provided that such changes do not increase in the grant amount set
forth in the Project's overall Budget.
5. The Grantee may, in its discretion, amend this Agreement to conform with Federal, state or
local governmental guidelines, policies and available funding amounts, or for other reasons,
as it deems necessary. If such amendments result in a change (i) in the funding, (ii) the
scope of services, or (iii) schedule of the activities to be undertaken as part of this
Agreement, such modifications will be incorporated only by written amendment signed by
both the Grantee and Subrecipient.
6. The Subrecipient shall be allowed only one amendment to this Agreement. No amendment
will be granted to extend the agreement beyond the established end date of the grant
period.
ARTICLE VI: ADMINISTRATIVE REQUIREMENTS
A. Financial Management
1. Accounting Standards
The Subrecipient agrees to comply with 24 CFR 84.21 -28; Subrecipient shall (i) adhere to
the accounting principles and procedures required therein, (ii) utilize adequate internal
controls, and (iii) maintain necessary source documentation for all costs incurred.
2. Cost Principles
The Subrecipient shall administer its program in conformance with OMB Circulars A -122,
"Cost Principles for Non - Profit Organizations," or A -21, "Cost Principles for Educational
Institutions," as applicable. These principles shall be applied for all costs incurred
whether charged on a direct or indirect basis.
a) Subrecipient gives the Grantee, HUD, and the Comptroller General, through any
authorized representatives, access to and the right to examine all records, books,
papers, or documents relating to the Project.
b) Subrecipient agrees to maintain books, records, and documents in accordance with
general accepted accounting procedures and practices that sufficiently and properly
reflect all expenditures of Grant funds provided by the Grantee under this
Agreement
c) All Grant funds disbursed through a Community Development Block Grant shall be
used only for eligible activities specifically outlined in this Agreement. The
Subrecipient shall comply with any conditions and timetables set forth in this
Agreement. In the event (i) the Subrecipient does not comply with the conditions
and /or timetables; (ii) the Subrecipient ceases to exist; or (iii) Subrecipient ceases to
provide the services for which the Grant was made, the Subrecipient shall be in
default. If the Subrecipient is deemed to be in default, the Subrecipient will not be
authorized to carry out another CDBG eligible project. In the event of default, the
Grantee may exercise any rights or remedies provided in this Agreement.
B. Documentation and Recordkeeping
1. Records to be Maintained
The Subrecipient shall maintain all records required by the Federal regulations specified
in 24 CFR 570.506, which are pertinent to the activities to be funded under this
Agreement. Such records shall include, but not be limited to:
a) Records providing a full description of each activity undertaken;
b) Records demonstrating that each activity undertaken meets one of the National
Objectives of the CDBG program;
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Any Grant funds remaining at the end of the Agreement period shall be returned to the
Grantee, and the Grantee may in its discretion reprogram the funds to another CDBG
eligible project.
6. Audits and Inspections
All Subrecipient records with respect to any matters covered by this Agreement shall be
made available to the Grantee, HUD, and the Comptroller General of the United States
or any of their authorized representatives, at any time during normal business hours, as
often as deemed necessary, to audit, examine, and make excerpts or transcripts of all
relevant data. Any deficiencies noted in audit reports must be fully explained and
corrected by the Subrecipient within 30 days after receipt by the Subrecipient. Failure
of the Subrecipient to comply with the above audit requirements will constitute a
violation of this Agreement and may result in the withholding of future payments. The
Subrecipient hereby agrees to have an annual agency audit conducted in accordance
with current Grantee policy concerning Subrecipient audits and OMB Circular A -133, if
applicable. If Subrecipient does not expend $500,000 in Federal funds within the fiscal
year, then a financial statement audit shall be submitted to Grantee.
C. Reporting and Payment Procedures
1. Program Income
The Subrecipient shall provide "monthly" reports on all program income [as defined at
24 CFR 570.500 (a)j generated by activities carried out with CDBG funds made available
under this Agreement. The use of program income by the Subrecipient shall comply
with the requirements set forth at 24 CFR 570.504. By way of further limitations, the
Subrecipient may use such income during the Agreement period for activities permitted
under this Agreement, and shall reduce requests for additional funds by the amount of
any such program income balances on hand. All unexpended program income shall be
returned to the Grantee at the end of the Agreement period. Any interest earned on
cash advances from the U. S. Treasury and from funds held in a revolving fund account is
not program income and shall be remitted promptly to the Grantee.
Program income anticipated to be generated from the use of CDBG funds for this
project is approximately Zero Dollars ($0).
2. Indirect Costs
If indirect costs are charged, the Subrecipient will develop an Indirect Cost Allocation
Plan for determining the Subrecipient's appropriate share of administrative costs.
Subrecipient shall submit such plan to the Grantee for approval, by using a form to be
specified by the Grantee.
3. Invoicing and Payment Procedures
a) In order to obtain reimbursement from the Grantee in connection with the Project,
Subrecipient shall provide the following information:
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4. Progress Reports
The Subecipient shall submit Monthly Progress Reports to the Grantee by using the form
attached (Exhibit E) as required by the Grantee. Progress reports shall be submitted by
the 15 day of the month following prior quarter activities.
5. Annual Reports
The Subrecipient shall submit an Annual Performance Report to the Grantee by using
the form (Exhibit F), content as required by the Grantee. The Annual Performance
Report shall be submitted to Grantee by January 15 of the year following the grant
period.
D. Procurement
1. Compliance
The Subrecipient shall comply with current Grantee's policy concerning the purchase of
equipment. Subrecipient shall maintain inventory records of all non - expendable
personal property, as defined by such policy that may be procured with funds provided
herein. Personal property means property of any kind except Real Property. All
program assets (unexpended program income and /or property) shall revert to the
Grantee upon termination of this Agreement.
a) All procurement transactions, regardless of dollar amount, whether negotiated or
advertised, shall be conducted in a manner consistent with the Cost Principles for
Non - Profit Organizations, OMB Circular A -110 "Procurement Standards ", which
provides maximum open free competition.
b) Subrecipient shall make positive efforts to utilize small business and minority owned
business sources, as well as women -owned businesses, for supplies and services, as
required by Federal guidelines.
Augusta enforces DBE requirements and /or DBE goals set by Federal and /or State
Agencies in accordance with State and Federal laws. The U.S. District Court for the
Southern District of Georgia has entered an Order enjoining the Race -Based portion of
Augusta, Georgia's DBE Program. (A copy of this Order may be obtained at:
http: / /www.augustaga.gov /index.aspx ?NID = 1448). Thus, Augusta, Georgia does not
have or operate a Disadvantaged Business Enterprise (DBE), Minority Business
Enterprise (MBE) or Women owned Business Enterprise (WBE) program for projects (or
portions of projects) having Augusta, Georgia as the source of funding.
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ARTICLE VII: RELOCATION REAL PROPERTY ACQUISITION AND ONE - FOR -ONE HOUSING
REPLACEMENT
The Subrecipient agrees to comply with each of the following (i) the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970, as amended (URA), and implementing regulations at 49
CFR Part 24 and 24 CFR 570.606 (b); (ii) the requirements of 24 CFR 570.606 (c) governing the
Residential Anti - Displacement and Relocation Assistance Plan under section 104(d) of the HCD Act; and
(iii) the requirements in 24 CFR 570.606 (d) governing optional relocation policies. (The Grantee shall
have the authority to preempt the optional policies.) The Subrecipient shall provide relocation
assistance to displaced persons as defined by 24 CFR 570.606 (b)(2) that are displaced as a direct result
of acquisition, rehabilitation, demolition or conversion for a CDBG- assisted project. The Subrecipient
also agrees to comply with applicable Grantee ordinances, resolutions, and policies concerning the
displacement of persons from their residences.
ARTICLE VIII: PERSONNEL & PARTICIPANT CONDITIONS
A. Civil Rights
1. Compliance
a) The Subrecipient agrees to comply with the following: Title VI of the Civil Rights Act of
1964 as amended; Title VII of the Civil Rights Act of 19968 as amended; Section 104(b)
and Section 109 of Title I of the Housing and Community Development Act of 1974 as
amended; Section 504 of the Rehabilitation Act of 1973; the Americans with Disabilities
Act of 1990; the Age Discrimination Act of 1975; Executive Order 11063; and Executive
Order 11246, as amended by Executive Orders 11375, 11478, 12107, and 12086.
b) In compliance with Executive Order 11246 and Section 3 of the 1968 Housing and Urban
Development Act regarding Equal Employment Opportunity, the Subrecipient agrees
and understands that no person shall be discriminated against on the grounds of race,
color, national origin, age, familial status, handicap, or sex. Further, the Subrecipient
understands and agrees that it will immediately take any measures necessary to
effectuate this policy. For the benefit of interested parties, all subcontractors will be
notified of the policy provisions. Notice of the policy will be placed in plain sight at the
Project location.
2. Nondiscrimination
The Subrecipient agrees to comply with the Non - discrimination in Employment and
Contracting Opportunities laws, regulations, and executive orders referenced in 24 CFR
570.607, as revised by Executive Order 13279. The applicable Non - discrimination provisions
in Section 109 of the Housing and Community Development Act also apply.
3. Land Covenants
This Agreement is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P. L.
88 -352), 24 CFR 570.601 and 24 CFR 570.602. In regard to the sale, lease, or other transfer
of land acquired, cleared, or improved with assistance provided under this Agreement, the
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Women owned Business Enterprise (WBE) program for projects (or portions of projects)
having Augusta, Georgia as the source of funding.
3. Access to Records
The Subrecipient shall furnish and cause each of its own subcontractors to furnish all
information and reports required hereunder. Subrecipient will permit access to its books,
records, and accounts to the Grantee, HUD and its agent, or other authorized Federal
officials, for purposes of investigation to determine and ensure compliance with the rules,
regulations, and provisions stated herein.
4. Notifications
The Subrecipient will provide a notice to each Labor Union or representative of workers with
which it has a collective bargaining agreement, other agreement, and /or understanding,
which advises the Labor Union or worker's representative of the Subrecipient's
commitments contained herein and requiring the posting of copies of the notice in
conspicuous places available to employees and applicants for employment. Such notice
shall be provided by the Agency Contracting Officer.
5. Equal Employment Opportunity (EEO) Statement
The Subrecipient shall state that it is an Equal Opportunity employer in all solicitations or
advertisements for employees posted and /or advertised by or on behalf of the Subrecipient.
6. Subcontract Provisions
The Subrecipient shall include, specifically or by reference, the provisions of the Civil Rights
Act, Paragraphs VIII. A and B, in every contract or purchase order making such provisions
binding upon each of its own subcontractors and /or if its other type of subcontractor.
C. Employment Restrictions
1. Prohibited Activity
The Subrecipient is prohibited from using funds provided herein or personnel employed in
the administration of the Program for any of the following activities: political, inherently
religious, lobbying, political patronage and /or nepotism.
2. Labor Standards
The Subrecipient agrees to comply with the requirements of the Secretary of Labor in
accordance with the following: Davis -Bacon Act, as amended; the provisions of Contract
Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.); and all other applicable Federal
State and Local laws and regulations pertaining to labor standards insofar as those acts
apply to the performance of this Agreement. Further, the Subrecipient agrees to comply
with the Copeland Anti -Kick Back Act (18 U.S.C. 8864 et seq.) and its implementing
regulations of the U.S. Department of Labor at 29 CFR Part 5. The Subrecipient shall
maintain documentation that demonstrates compliance with the Hour and Wage
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D. Conduct
should be given to low and very low income persons within the service area of the
project or the neighborhood in which the project is located, and to low and very low
income participants in other HUD programs. Subrecipient further agrees, where
feasible to award contracts for work undertaken in connection with a Housing
Rehabilitation (including reduction and abatement of lead -based paint hazards),
Housing Construction, or other Public Construction Project to business concerns that
provide economic opportunities for low and very low income persons residing within
the metropolitan area in which the CDBG- funded project is located. Where feasible,
priority should be given to business concerns that provide economic opportunities to
low and very low income residents within the service area or the neighborhood in which
the project is located and to low and very low income participants in other HUD
programs.
The Subrecipient certifies and agrees that no contractual or other legal incapacity exists
that would prevent compliance with these requirements.
b) Notifications
The Subrecipient agrees to send a Notice to each labor organization or representative of
workers with which it has a collective bargaining agreement, other agreement and /or
understanding, if any, advising said labor organization or worker's representative of its
commitments under this Section 3 clause, and shall post copies of the notice in
conspicuous places available to employees and applicants for employment or training.
c) Subcontracts
The Subrecipient will include this Section 3 clause in every subcontract and will take
appropriate action in accordance with the subcontract, upon a finding that the
subcontractor is in violation of regulations issued by the grantor agency. The
Subrecipient will not enter into any subcontract with any entity that it has notice or
knowledge that the subcontractor (the latter) has been found to be in violation of
regulations under 24 CFR Part 135, nor will not let any subcontract, unless and until, the
entity has first provided a preliminary statement of ability to comply with the
requirements of these regulations.
1. Assignability
The Subrecipient shall not assign or transfer any interest in this Agreement, without prior
written consent of the Grantee thereto provided. However, claims for money due or to
become due to the Subrecipient from the Grantee under this Agreement may be assigned to
a bank, trust company, or other financial institution without such approval. Notice of any
such assignment or transfer shall be furnished promptly to the Grantee.
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3. No covered persons who exercise or have exercised any functions or responsibilities with
respect to CDBG- assisted activities; who are in a position to participate in a decision- making
process; or who are in a position to gain inside information with regard to such activities,
may obtain a financial interest in any Agreement. Nor shall any such person have a financial
interest in any contract, subcontract or agreement with respect to the CDBG- assisted
activity. Further such persons shall not have a financial interest in any contracts,
subcontracts, or agreement with respect to the proceeds from the CDBG- assisted activity,
either for themselves or those with whom they have business or immediate family ties,
during their tenure or for a period of one (1) year thereafter. For purposes of this
paragraph, a "covered person" includes any person who is an employee, agent, consultant,
officer, or elected or appointed official of the Grantee, the Subrecipient, or any designated
public agency.
G. Lobbying
The Subrecipient hereby certifies that:
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 any of the following persons: (i) an officer
or employee of any agency, (ii) a Member of Congress, (iii) an officer or employee of
Congress, or an employee of a Member of Congress in connection with the awarding of any
of the following: (a) Federal contract, (b) the making of any Federal grant, (c) the making of
any Federal loan, the entering into of any cooperative agreement, and (d) 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 the purpose of influencing or attempting to influence any of the following
persons: (i) an officer or employee of any agency, (ii) a Member of Congress, (iii) an officer
or (iv) employee of Congress, or an employee of a Member of Congress in connection with
this Federal contract, grant, loan, or cooperative agreement, there shall be completed and
submitted a Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with
its instructions; and
3. There shall be language of paragraph (4) of this certification included in the award
documents for all subawards at all tiers (including each of the following: subcontracts,
subgrants and Agreements under grants, loans and cooperative agreements), and that all
Subrecipients shall certify and disclose accordingly.
4. Lobbying 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.C. Any
person who fails to file this 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.
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D. Historic Preservation
The Subrecipient agrees to comply with the Historic Preservation requirements as set forth in
the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), and the procedures
set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection
of Historic Properties, insofar as they apply to the performance of this agreement.
In general, this requires concurrence from the State Historic Preservation Officer for all
rehabilitation and demolition of historic properties that are fifty years (50) old or older, or that
are included on a Federal, state or local historic property list.
ARTICLE X: SEVERABILITY
If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be
affected thereby, and all other parts of this Agreement shall nevertheless remain in full force
and effect.
ARTICLE XI: SECTION HEADINGS AND SUBHEADINGS
The section headings and subheadings contained in this Agreement are included only for convenience,
and shall not limit or otherwise effect the terms of this Agreement.
ARTICLE XII: WAIVER
The Grantee's failure to upon a breach by the Subrecipient does not waive the Grantee's right to act
upon any subsequent or similar breach of this Agreement by Subrecipient. The failure of the Grantee to
exercise or enforce any right or provision shall not constitute a waiver of such right or provision as
provided for in this Agreement.
ARTICLE XIII: GOVERNING LAW AND VENUE
The law of the State of Georgia shall govern this Agreement between Grantee and Subreceipient with
regard to its interpretation and performance, and any other claims related to this agreement, which are
not specifically governed by Federal Law.
All claims, disputes and other matters in question between Grantee and Subreceipient arising out of or
relating to this Agreement, or the breach thereof, shall be decided in the Superior Court of Richmond
County, Georgia, if not specifically governed by Federal Law. The Subreceipient, by executing this
Agreement, specifically consents to jurisdiction and venue in Richmond County and waives any right to
contest the jurisdiction and venue in the Superior Court of Richmond County, Georgia.
ARTICLE XIV: ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the Grantee and the Subrecipient for the use
of funds received under this Agreement, and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral, or written between the Grantee and the
Subrecipient with respect to this Agreement.
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IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.
ATTEST:
SEAL
SEAL
(Plain Witness)
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AUGUSTA, GEORGIA
/
(Grantee)
B l.�'
Ao David S. Copenhaver
As its Mayor
By:
1.20
AUGUSTA MINI THEATRE, INC.
Subrecipient
— Rattlaagn //it sA tt,
As its President
Frederick L. ussell
City �y inistrator
Chester A. Wheeler, III, Director
Housing & Community Development Department
r
Andrew G. M cKenzie
General Counsel
Activity
Units per Month
Total Units /Year
Artistic and Related
Operational Costs
21 persons
21 persons
General Administration
The Board of Directors manages the Subrecipient; Tyrone J. Butler, The Chief Executive Officer
manages the agency, finance, and programs; Judy Simon - Butler, Artistic Director manages the
program activities. Volunteers support the agency and clients.
B. National Obiectives
The Subrecipient certifies that the activity /activities carried out under this Agreement will meet
the National Objective to benefit low and moderate income persons
LOW MOD LIMITED CLIENTELE
Subrecipient will meet the requirements provided for in the regulations by requiring information
on family size and income. This information will be used to ensure that clients are low to
moderate income.
C. LEVELS OF ACCOMPLISHMENT — Goals and Performance Measures
The Subrecipient agrees to provide the following levels of program services:
D. Staffing
Tyrone Butler, Executive Director, responsible for operation of program activities — 40 hours per
week;
Judith Simon - Butler, Artistic Director /Drama Instructor, responsible for artistic staff, program
activities, and instructing drama classes —40 hours per week;
Cherrie Smith, Arts & Education Coordinator, responsible for overseeing and implementing
programs — 25 hours per week;
Carolyn Hardy, responsible for teaching piano - 2.5 hours per week;
Sok Hwee Tay, Piano Instructor, responsible for teaching piano — 2 hours per week;
Volunteer, Piano instructors, responsible for teaching piano: Judith Ruffin and Brenda Pollard, -
2 hours per week; and Hattie Copeland, 1.5 hours per week;
Sharon Mayfield — Modern Afro Caribbean Dance — responsible for teaching dance - 2 hours per
week; and
Ronald G. Middleton, Art Instructor, responsible for teaching art- 3 hours per week.
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Payments may be contingent upon certification of the Subrecipient's financial management system in
accordance with the standards specified in 24 CFR 84.21.
Subrecipient is also responsible for submitting to the Grantee each of the following: (i) monthly progress
reports, (ii) time sheets (if applicable), (iii) mileage (if applicable), (iv) invoices and any other
documentation deemed necessary by the monitoring official during the funding cycle. These records
shall be retained up to five (5) years after the Agreement expires.
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j•
shall prevail unless State and /or Federal practices and procedures are more stringent.
Therefore, Subrecipient is obligated to conform to the more restrictive practices and
procedures. It is recommended that Subrecipient use a formal prenumbered purchase
order system where possible and applicable.
Inventories - Subrecipient is advised to maintain adequate safeguards against loss by
theft or physical deterioration of any inventories of office supplies, equipment, or other
items purchased with CDBG funds.
k. Property Records - Subrecipient is required to maintain formal subsidiary records to
control all project property and equipment. Such records shall disclose the acquisition
and subsequent disposition of all property. An annual inventory should be conducted,
and the books shall reflect the actual value of property held at the end of the fiscal year.
2. All project accounting records and supporting documents shall be maintained for a period of at
least five (5) years after termination of the Grantee's award. The records shall be made
available to the Grantee, HUD and /or any of their authorized representatives.
3. Subrecipient should maintain records in an orderly manner, with systematic identification for
different federal time periods. Records must be protected from fire or other perils. If records
are stored in a location other than the project site, they shall be readily accessible to the
Grantee's staff, HUD officials, and others who may be authorized to examine such records.
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ATTACHMENTS:
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 (Part 84) — Uniform Administrative Requirements
"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. The Augusta, Georgia Procurement Code is available on the Augusta, Georgia website,
www.augustaga.gov. All Subrecipients shall be responsible for reviewing and /or
obtaining a copy of such Code. Subreceipients should contact the Augusta, Georgia
Housing and Community Development Department with any questions and /or concerns
regarding the Procurement Code.
6. Executive Orders
Forms
1. Reimbursement Request, Checklist & Itemization
2. Participant Income Eligibility "Exhibit D"
3. Monthly Progress Report "Exhibit E"
4. Annual Performance Report "Exhibit F"
5. Income Eligibility Calculation Worksheet
6. FY 2012 Income Limits
7. Time Sheet (Use if applicable)
8. Bid Tabulation (Use if applicable)
9. Quote Tabulation (Use if applicable)
10. Travel Log (Use if applicable)
11. Inventory Form (Use if applicable)
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