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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. 1 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. 3 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 5 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; 9 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: 11 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. 13 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 15 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 17 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. 19 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. 21 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. 23 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above. ATTEST: SEAL SEAL (Plain Witness) 25 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. 27 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. 29 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. 31 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) 33