HomeMy WebLinkAboutAGREEMENT BETWEEN AUGUSTA GA AND MACH ACADEMY 2012 CDBG REPROGRAMMED FUNDS)AGREEMENT BETWEEN AUGUSTA, GEORGIA
AND
MACH ACADEMY, INC.
2012 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
(REPROGRAMMED FUNDS)
Co?y
This Agreement is made and entered into this 1 5t 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 MACH Academy, Inc.
(hereinafter referred to as the "Subrecipient ").
WHEREAS, the Grantee has applied for and received 2010 and 2012 REPROGRAMMED 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;
NOW, THEREFORE, it is agreed between the parties hereto as follows:
ARTICLE I. DEFINITIONS AND IDENTIFICATIONS
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 PJ'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
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implement the strategies. This document is required to receive HUD Community Planning and
Development funds.
Community Development Block Grant (CDBG) Program or Program
The term "Community Development Block Grant (CDBG) Program ", or "Program" shall mean that
program administered by the Augusta, Georgia Housing and Community Development Department
funded by a Community Development Block Grant. Such grant shall be that which has been applied for
by Augusta, Georgia, and awarded by the U.S. Department of Housing and Urban Development (HUD) as
authorized pursuant to Title I of the Housing and Community Development Act of 1974, Public Law 93-
383, as amended.
C.F.R.
HUD's section of the Code of Federal Regulations (CFR) is Title 24 and is often referenced as 24 CFR.
Chapter IX of 24 CFR, entitled Office of Assistant Secretary for Public and Indian Housing, Department of
Housing and Urban Development, applies to programs administered by the Office of Public and Indian
Housing.
Covered Person
For purposes of 24 CFR 5, subpart I, and parts 966 and 982, means a tenant, any member of the tenant's
household, a guest or another person under the tenant's control.
Department
The term "Department" shall mean the Augusta, Georgia Housing and Community Development
Department.
Grant
A federal grant is an award of financial assistance from a federal agency to a recipient to carry out a
public purpose of support or stimulation authorized by a law of the United States. Federal grants are not
federal assistance or loans to individuals.
Grantee
The term "Grantee" shall mean Augusta, Georgia. Augusta, Georgia is a consolidated form of
government, a political subdivision of the State of Georgia. Augusta, Georgia may be reference as
"Augusta ".
Household
Household means all the persons who occupy a housing unit. The occupants may be a single family, one
person living alone, two or more families living together, or any other related or unrelated person who
share living arrangements.
HUD
The term "HUD" shall mean the U. S. Department of Housing and Urban Development.
Low and Moderate Income Household
The term "Low and Moderate Income Household" shall mean a household having a total income equal
to or less than the Section 8 low income limit established by HUD.
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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 Pi 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 III 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.
A. Title I of the Housing and Community Development Act of 1974, P. L. 93 -383 (hereinafter the
"Act ") consolidated several existing programs for Community Development into a single
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program of Community Development Block Grants (hereinafter "CDBG ") for the purpose of
allowing local discretion in the determination of needs and prioritization of community
development. The Mayor, Augusta, Georgia Commission and the citizens of Augusta, Georgia
through citizen participation workshops have determined the needs and prioritization of
community development in Augusta, Georgia.
B. Pursuant to HUD regulations, 24 CFR 570.200 (a), certain projects were included in Augusta's
CDBG submission to HUD, referred to as the Annual Plan. Augusta determined that each of the
individual projects included in the Annual Plan address one or more of the following three
national objectives:
1. Activities benefiting low and moderate income persons;
2. Activities which aid in the prevention or elimination of slum and /or blight;
3. Activities designed to meet community development needs having a particular urgency.
Augusta has determined that the Project is a CDBG eligible activity because it addresses one or more of
these objectives.
C. Under the rules and regulations of HUD, Augusta is administrator for the Program. Augusta is
mandated to comply with various statutes, rules and regulations of the United States, pertaining
to the allocation and expenditure of funds, as well as the protection of the interest of certain
classes of individuals residing in Augusta.
D. The Grantee is desirous of disbursing the funds to the Subrecipient for use in the Project.
Further, as a condition precedent to the release of CDBG funds to the Subrecipient, the Grantee,
as Administrator for the Program must obtain the assurance from the Subrecipient of full
compliance with all applicable statutes, rules and regulations of the United States, the State of
Georgia, and /or Augusta relating to the Project and the Program.
ARTICLE III: PROJECT
The Grantee agrees to reimburse the Subrecipient in an amount not to exceed Seven Thousand, Three
Hundred, Seventy Four dollars and sixty seven cents ($7,374.67) (hereinafter the "Grant ") to
implement the following project(s): Tutoring for Success
Subrecipient will provide the Tutoring for Success Program. Said project is more fully set forth in Exhibit
"A" attached hereto and made a part hereof.
ARTICLE IV: NOTICES
Subrecipient and the Grantee agree that all notices required by this Agreement shall be in writing and
delivered through one of the following: U.S. Mail (postage prepaid), commercial courier, personal
delivery, facsimile, or other electronic means. Any notice delivered as aforesaid shall be effective on the
date of delivery. All notices and other written communications under this Agreement shall be
addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent
written notice.
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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 th Floor
Augusta, Georgia 30901
Housing and Community Development Department
Attention: Chester A. Wheeler, III, Director
925 Laney - Walker Boulevard, 2 nd Floor
Augusta, Georgia 30901
MACH Academy, Inc.
Attention: Betty Jones, Executive Director
1850 Chester Avenue
Augusta, Georgia 30906
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
2012 CDBG Reprogrammed Funds, Mach Academy
performance or nonperformance of the services or subject matter as required in this
Agreement.
D. Workers' Compensation
The Subrecipient shall provide Workers' Compensation Insurance coverage for all of its
employees involved in the performance of this Agreement, if applicable.
E. Insurance and Bonding
The 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 reimbursements /advances from
the Grantee.
The Subrecipient shall, at all times that this Agreement is in effect, cause to be maintained in
force and effect an insurance policy(s) that will ensure and indemnify the Grantee against
liability or financial loss resulting from injuries occurring to persons or property or occurring as a
result of any negligent error, act, or omission of the Subrecipient in performance of the work
during the term of this Agreement.
The Subrecipient shall provide, at all times that this agreement is in effect, Worker's
Compensation Insurance in accordance with the laws of the State of Georgia.
The Subrecipient shall provide, at all times that this Agreement is in effect, Insurance with limits
of not less than:
A. Workmen's Compensation Insurance — in accordance with the laws of the State
of Georgia.
B. Public Liability Insurance
C. Property Damage Insurance
D. Valuable Papers Insurance — in an amount sufficient to assure the restoration of
any plans, drawings, field notes, or other similar data relating to the work
covered by the Project.
E. Professional Liability Insurance —
Grantee will be named as an additional insured with respect to Subrecipient's liabilities
hereunder in insurance coverage's identified in items (b) and (c).
The policies shall be written by a responsible company(s), to be approved by the Grantee, and
shall be non - cancellable except on thirty -(30) days' written notice to the Grantee. Such policies
shall name the Grantee as co- insured, except for worker's compensation and professional
liability policies, and a copy of such policy or a certificate of insurance shall be filed with the
Director at the time of the execution of this Agreement.
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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.
7I
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H. Suspension or Termination
1. In accordance with 24 CFR 85.43, the Grantee may suspend or terminate this Agreement if
the Subrecipient materially fails to comply with any terms of this Agreement, including, but
not limited to the following:
a) Failure to comply with any of the rules, regulations or provisions referred to herein, or
such statues, regulations, executive orders, and HUD guidelines, policies or directives as
may become applicable at any time;
b) Failure, for any reason, of the Subrecipient to fulfill in a timely and proper manner its
obligations under this Agreement;
c) Ineffective or improper use of funds provided under this Agreement; or
d) Submission by the Subrecipient to the Grantee reports of materially incorrect or
incomplete.
e) In accordance with 24 CFR 85.44, this Agreement may also be terminated for
convenience by either the Grantee or the Subrecipient, in whole or in part, by setting
forth the reasons for such termination, the effective date, and, in the case of partial
termination, the portion to be terminated. However, if in the case of a partial
termination, the Grantee determines that the remaining portion of the award will not
accomplish the purpose for which the award was made, the Grantee may terminate the
award in its entirety.
I. Liquidated Damages
For Public Facilities Projects only, the Subrecipient agrees to pay as liquidated damages
to the Grantee the sum of $ for each consecutive calendar day after expiration of the
Contract Time of Completion Time, except for authorized extensions of time by the Grantee.
This Section is independent of the above section dealing with Suspension and Termination. The
parties agree that these provisions for liquidated damages are not intended to operate as
penalties for breach of Contract.
The liquidated damages set forth above are not intended to compensate the Grantee
for any damages other than inconvenience and loss of use or delay in services. The existence or
recovery of such liquidated damages shall not preclude the Grantee from recovering other
damages in addition to the payments made hereunder which the Grantee can document as
being attributable to the documented Subrecipient failures. In addition to other costs that may
be recouped, the Grantee may include costs of personnel and assets used to coordinate,
inspect, and re- inspect items within this Contract as well as attorney fees if applicable.
2012 CDBG Reprogrammed Funds, Mach Academy
ARTICLE VI: ADMINISTRATIVE REQUIREMENTS
A. Financial Management
1. Accounting Standards
9 I
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;
2012 CDBG Reprogrammed Funds, Mach Academy
10
c) Records required to determine the eligibility of activities;
d) Records required to document the acquisition, improvement, use or disposition of
real property acquired or improved with CDBG assistance;
e) Records documenting compliance with the Fair Housing and Equal Opportunity
components of the CDBG program;
f) Financial records as required by 24 CFR 570.502 and 24 CFR 84.21 -28; and other
records necessary to document compliance with Subpart K of 24 CFR Part 570.
2. Retention
The Subrecipient shall retain all financial records, supporting documents, statistical
records, and all other records pertinent to the Agreement for a period of five (5) years.
The retention period begins on the submission date of the Grantee's annual
performance and evaluation report to HUD, in which the activities assisted under the
Agreement are reported on for the final time. Notwithstanding the above, in instances
where involving any type of litigation, claims, audits, negotiations or other actions that
involve any of the records cited, which have started before the expiration of the five -
year period, shall be retained until the completion of the actions and resolution of all
issues, or the expiration of the five -year period, whichever occurs later.
3. Client Data
The Subrecipient shall maintain client data demonstrating client eligibility for services
provided. Such data shall include, but not be limited to, client name, address, income
level or other basis for determining eligibility, and description of service provided. Such
information shall be made available to Grantee's monitors or their designees for review
upon request.
4. Disclosure
The Subrecipient understands that client information collected under this Agreement is
private and confidential. The use or disclosure of such information, when not directly
connected with the administration of the Grantee's or Subrecipient's responsibilities
with respect to services provided under this Agreement, is prohibited unless written
consent is obtained from such persons receiving service. In the case of information
about a minor, a responsible parent /legal guardian must provide written consent.
5. Close -outs
The Subrecipient's obligation to the Grantee shall continue until all closeout
requirements are completed. Activities during the closeout period shall include, but are
not limited to: making final payments and disposing of program assets.
Notwithstanding the foregoing, the terms of this Agreement shall remain in effect
during any period that the Subrecipient has control over CDBG funds, including program
income.
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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)] 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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(1) Subrecipient shall submit Monthly Progress Reports for the Project by using the
form attached hereto as Exhibit "E ", detailing accomplishments for the report
period and the number of participants, which will be listed separately according
to race, sex and female head of household. Additionally, for each Program
participant, the Subrecipient shall complete a Participant Income Eligibility Form
by using the form attached hereto as Exhibit "D" which shall be submitted with
Subrecipient's Monthly Progress Report. The Monthly Progress Report and
Participant Income Eligibility Form must be included with all requests for
payment until all funds have been expended. In the event that all funds are
expended prior to the expiration of the agreement period, reports must
continue to be submitted throughout the twelve month period of the grant
cycle.
(2) The Subrecipient shall submit time sheets as backup documentation for salary
reimbursement. In addition, the Subrecipient shall submit mileage, if
applicable.
(3) Request for reimbursements by Subrecipient shall have the following attached:
invoices, cancelled checks, receipts or other documentation evidencing funds
expended by Subrecipient.
(4) The Grantee agrees to reimburse costs allowable under Federal, State and Local
laws and guidelines.
b) Upon receiving the invoices, reports and other material, the Department shall audit
such documentation to determine whether the items invoiced are eligible for
reimbursement under applicable Federal, State and Local laws and regulations.
c) The Department shall authorize the Grantee's Financial Officer to reimburse the
Subrecipient for all costs it determines are eligible for reimbursement, pursuant to
the audit. Payments will be made on a monthly basis 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 portions of its obligations which have been paid by another source of revenue.
d) The Grantee will pay the Subrecipient funds available under this Agreement based
upon information submitted by the Subrecipient, which is consistent with any
approved budget and the Grantee policy concerning payments. The Grantee
reserves the right to liquidate funds available under this Agreement for costs
incurred by the Grantee on behalf of the Subrecipient.
4. Progress Reports
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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.
2. OMB Standards
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Unless specified otherwise within this agreement, the Subrecipient shall procure all
materials, property, or services in accordance with the requirements of 24 CFR 84.40 -48.
3. Travel
The Subrecipient shall obtain written approval from the Grantee for any travel outside
the metropolitan area with funds provided under this Agreement.
E. Use and Reversion of Assets
The use and disposition of real property and equipment under this Agreement shall be in
compliance with the requirements of 24 CFR Part 84 and 24 CFR 570.502, 570.503, and
570.504, as applicable, which include but are not limited to the following:
1. The Subrecipient shall transfer to the Grantee any CDBG funds on hand, and any
accounts receivable attributable to the use of the funds under this Agreement at the
time of expiration, cancellation, or termination.
2. Real property under the Subrecipient's control which was acquired or improved, in
whole or in part, with the funds under this Agreement in excess of $25,000 shall be used
to meet one of the CDBG National Objectives pursuant to 24 CFR 570.208 until five (5)
years after expiration of this Agreement, or such longer period of time as the Grantee
deems appropriate.
3. If the Subrecipient fails to use CDBG- assisted real property in a manner that meets a
CDBG National Objective for the prescribed period of time, the Subrecipient shall pay
the Grantee an amount equal to the current fair market value of the property, less any
portion of the value attributable to expenditures of non -CDBG funds for acquisition of or
improvement to the property. Such payment shall constitute program income to the
Grantee. The Subrecipient may retain real property acquired or improved under this
Agreement after the expiration of the five -year period or such longer period of time as
the Grantee deems appropriate.
4. In all cases in which equipment acquired, in whole or in part, with funds under this
Agreement is sold, the proceeds shall be program income (prorated to reflect the extent
to that funds received under this Agreement were used to acquire the equipment).
Equipment not needed by the Subrecipient for activities under this Agreement shall be:
a) Transferred to the Grantee for the CDBG program, or
b) Retained after compensating the Grantee for an amount equal to the current
fair market of the equipment.
2012 CDBG Reprogrammed Funds, Mach Academy
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
2012 CDBG Reprogrammed Funds, Mach Academy
B. U.S. President Executive Order 11246
6
of land acquired, cleared, or improved with assistance provided under this Agreement, the
Subrecipient shall cause or require a covenant running with the land to be inserted in the
deed or lease for such transfer, which prohibits discrimination as herein defined, in the sale,
lease, rental, use, or occupancy of such land, or in any improvements erected or to be
erected thereon. Such covenant shall provide that the Grantee and the United States are
beneficiaries of such covenant and are entitled to enforce such. The Subrecipient, in
undertaking its obligation to carry out the program assisted hereunder, agrees to take such
measures, as are necessary to enforce such covenant, and agree it will not so discriminate.
4. Section 504
The Subrecipient agrees to comply with all Federal regulations issued pursuant to
compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), which
prohibits discrimination against individuals with disabilities or handicaps in any Federally
Assisted Program. The Grantee shall provide the Subrecipient with all applicable guidelines
necessary for compliance with said section throughout the term of this Agreement.
1. Approved Plan
The Subrecipient agrees that pursuant to the Grantee's specification, it shall be committed
to carry out the principles provided in President's Executive Order 11246 of September 24,
1965. The Grantee shall provide program guidelines to the Subrecipient to assist in the
formulation of such program, and the Subrecipient shall submit a plan for approval prior to
the award of funds.
2. Women -and Minority -Owned Businesses (W /MBE) (24 CFR 570.610 & Part 84 applies)
In accordance with 24 C.F.R. 570.610 and Part 84, the Subrecipient will use its best efforts to
afford Small Businesses, Minority Business Enterprises and Women's Business Enterprises
the maximum practicable opportunity to participate in the performance of this Agreement.
As used in this Agreement, the terms "Small Business" shall mean 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 %) owned and controlled by minority group members or women. For purposes
of this section, the following terms shall be defined as follows: "minority group members"
shall mean 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, in lieu of an independent investigation.
Disclaimer: 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
2012 CDBG Reprogrammed Funds, Mach Academy
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 etseq.); 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 1 2012 CDBG Reprogrammed Funds, Mach Academy
requirements of said part. Such documentation shall be made available to the Grantee,
upon request, for review.
The Subrecipient agrees that, except with respect to the rehabilitation or construction of
residential property containing less than eight (8) units, all Contractors engaged under
contracts in excess of $2,000.00 for construction, renovation or repair work financed in
whole or in part, with assistance provided under this Agreement, shall comply with Federal
requirements adopted by the Grantee pertaining to such contracts. Further, said
contractors shall comply with applicable requirements of the regulations of the Department
of Labor, under 29 CFR Parts 1, 3, 5, and 7, governing the payment of wages and ratio of
apprentices and trainees to journey workers, provided that, if wage rates higher than those
required under the regulations are imposed by State or Local law, nothing hereunder is
intended to relieve the Subrecipient of its obligation, if any, to require payment of the
higher wage. The Subrecipient shall cause or require to be inserted provisions meeting the
requirements of this paragraph in all such contracts subject to such regulations.
3. "Section 3" Clause
a) Compliance
Compliance with each of the following shall be a condition of the Federal financial
assistance provided under this Agreement and binding upon the Grantee, Subrecipient
and any of the Subreceipient's subcontractors: the provisions of Section 3 of the HUD
Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR
135, and all applicable rules and orders issued hereunder prior to the execution of this
Agreement. Failure to fulfill these requirements shall subject the Grantee, the
Subrecipient and any of the Subrecipient's subcontractors and their successors and
assigns, to sanctions specified by the agreement through which Federal assistance is
provided. The Subrecipient certifies and agrees that no contractual or other disability
exists that would prevent compliance with these requirements.
The Subrecipient further agrees to comply with the "Section 3" requirements and to
include the following language in all subcontracts executed under this Agreement.
"The work to be performed under this Agreement is a project assisted under a program
providing direct Federal financial assistance from HUD and is subject to the requirements
of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C.
1701). Section 3 requires that to the greatest extent feasible, opportunities for training
and employment be given to low and very low income residents of the project area, and
that contracts for work in connection with the project be awarded to business concerns
that provide economic opportunities for low and very low income persons residing in the
metropolitan area in which the project is located."
The Subrecipient further agrees to ensure that opportunities for training and
employment arising in connection with a Housing Rehabilitation (including reduction
and abatement of lead -based paint hazards), Housing Construction, or other Public
Construction Project are given to low and very low income persons residing within the
metropolitan area in which the CDBG- funded project is located. Where feasible, priority
2012 CDBG Reprogrammed Funds, Mach Academy
D. Conduct
9 I
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.
2. Subcontracts
a) Approvals
2012 CDBG Reprogrammed Funds, Mach Academy
E. Hatch Act
20
The Subrecipient shall not enter into any subcontracts with any agency or individual in
the performance of this Agreement without the prior written consent of the Grantee.
b) Monitoring
The Subrecipient shall monitor all subcontracted services on a regular basis to assure
Agreement compliance. Results of monitoring efforts shall be summarized in written
reports and supported with documented evidence of follow -up actions taken to correct
areas of noncompliance.
c) Content
The Subrecipient shall cause all of the provisions of this Agreement in its entirety to be
included in and made a part of any subcontract executed in the performance of this
Agreement.
d) Selection Process
The Subrecipient agrees that no funds provided, nor personnel employed under this Agreement,
shall be in any way or to any extent engaged in the conduct of political activities in violation of
Chapter 15 of Title V of the U.S.C.
F. Conflict of Interest
The Subrecipient shall undertake to ensure that all subcontracts let in the performance
of this Agreement shall be awarded on a fair and open competition basis in accordance
with applicable procurement requirements. Executed copies of all subcontracts shall be
forwarded to the Grantee, along with documentation concerning the selection process.
The Subrecipient agrees to abide by the provisions of 24 CFR 84.42 and 570.611, which include,
but are not limited to, the following:
1. The Subrecipient shall maintain a written code or standards of conduct that shall govern the
performance of its officers, employees or agents engaged in the award and administration
of Agreements supported by Federal funds.
2. No employee, officer or agent of the Subrecipient shall participate in the selection, award,
or administration of an Agreement supported by Federal funds if an actual or apparent
conflict of interest would be involved.
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,
2012 CDBG Reprogrammed Funds, Mach Academy
G. Lobbying
H. Copyright
21 I
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.
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 Tess
than $10,000 and not more than $100,000 for each such failure.
2012 CDBG Reprogrammed Funds, Mach Academy
If this Agreement results in any copyrightable material or inventions, the Grantee and /or
grantor agency reserves the right to royalty -free, non - exclusive and irrevocable license to
reproduce, publish or otherwise use and to authorize others to use, the work or materials for
governmental purposes.
I. Religious Activities
ARTICLE IX: ENVIRONMENTAL CONDITIONS
A. Air and Water
The Subrecipient agrees that funds provided under this Agreement will not be utilized for
inherently religious activities prohibited by 24 CFR 570.200 (j), to include, but not limited to,
worship, religious instruction, or proselytization.
The Subrecipient agrees to comply with the following requirements, insofar as they apply to the
performance of this Agreement:
Clean Air Act, 42 U.S.C., 7401, et seq.;
- Federal Water Pollution Act, as amended, 33 U.S.C., 1251 et seq., as amended, 1318 relating
to inspection, monitoring, entry, reports and information, as well as other requirements
specified in said Section 114 and Section 308, and all regulations and guidelines issued
thereunder;
- Environmental Protection Agency (EPA) regulations pursuant to 40 CFR Part 50, as amended.
B. Flood Disaster Protection
In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C.
4001), the Subrecipient shall assure that for activities located in an area identified by the Federal
Emergency Management Agency (FEMA) as having special flood hazards, flood insurance, under
the National Flood Insurance Program, is obtained and maintained as a condition of financial
assistance for acquisition or construction purposes (including rehabilitation).
C. Lead -Based Paint
The Subrecipient agrees that any construction or rehabilitation of residential structures with
assistance provided under this Agreement shall be subject to HUD Lead -Based Paint regulations
at 24 CFR 570.608, and 24 CFR Part 35, Subpart B. Such regulations pertain to all CDBG- assisted
housing and require that all owners, prospective owners and tenants of properties constructed
prior to 1978 be properly notified that such properties may include lead -based paint. Such
notification shall list the hazards of lead -based paint and explain the following: (1) symptoms,
(2) treatment and (3) precautions that should be taken when dealing with lead -based paint
poisoning and (4) the advisability and availability of blood lead level screening for children under
the age seven_(7). The notice should also state that if lead -based paint is found on the property,
that abatement measures may be undertaken. The regulations further require that, depending
on the amount of Federal funds applied to a property, the following may be conducted: paint
testing, risk assessment, treatment and /or abatement.
D. Historic Preservation
2012 CDBG Reprogrammed Funds, Mach Academy
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.
2
1 2012 CDBG Reprogrammed Funds, Mach Academy
ARTICLE XV: SUBRECIPIENT ACKNOWLEDGEMENT
"Subreciepient acknowledges that this contract and any changes to it by amendment, modification,
change order or other similar document may have required or may require the legislative
authorization of the Board of Commissioners and approval of the Mayor. Under Georgia law,
Subreciepient is deemed to possess knowledge concerning Augusta, Georgia's ability to assume
contractual obligations and the consequences of Subreciepient 's provision of goods or services to
Augusta, Georgia under an unauthorized contract, amendment, modification, change order or other
similar document, including the possibility that the Subreciepient may be precluded from recovering
payment for such unauthorized goods or services. Accordingly, Subreciepient agrees that if it provides
goods or services to Augusta, Georgia under a contract that has not received proper legislative
authorization or if the Subreciepient provides goods or services to Augusta, Georgia in excess of the
any contractually authorized goods or services, as required by Augusta, Georgia's Charter and Code,
Augusta, Georgia may withhold payment for any unauthorized goods or services provided by
Subreciepient. Subreciepient assumes all risk of non - payment for the provision of any unauthorized
goods or services to Augusta, Georgia, and it waives all claims to payment or to other remedies for the
provision of any unauthorized goods or services to Augusta, Georgia, however characterized,
including, without limitation, all remedies at law or equity." This acknowledgement shall be a
mandatory provision in all Augusta, Georgia contracts for goods and services, except revenue
producing contracts
ARTICLE XVI: E VERIFY
All contractors and subcontractors entering into contracts with Augusta, Georgia for the physical
performance of services shall be required to execute an Affidavit verifying its compliance with O. C. G.A. §
13- 10 -91, stating affirmatively that the individual, firm, or corporation which is contracting with
Augusta, Georgia has registered with and is participating in a federal work authorization program. All
contractors and subcontractors must provide their E- Verify number and must be in compliance with the
electronic verification of work authorized programs operated by the United States Department of
Homeland Security or any equivalent federal work authorization program operated by the United States
Department of Homeland Security to verify information of newly hired employees, pursuant to the
Immigration Reform and Control Act of 1986 (IRCA), P.L. 99 -603, in accordance with the applicability
provisions and deadlines established in 0.C.G.A. § 13 -10 -91 and shall continue to use the federal
authorization program throughout the contract term. All contractors shall further agree that, should it
employ or contract with any subcontractor(s) in connection with the physical performance of services
pursuant to its contract with Augusta, Georgia the contractor will secure from such subcontractor(s)
each subcontractor's E- Verify number as evidence of verification of compliance with O. C. G.A. § 13 -10 -91
on the subcontractor affidavit provided in Rule 300- 10- 01 -.08 or a substantially similar form. All
contractors shall further agree to maintain records of such compliance and provide a copy of each such
verification to Augusta, Georgia at the time the subcontractor(s) is retained to perform such physical
services
[SIGNATURES ON THE FOLLOWING PAGE]
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.
24
2012 CDBG Reprogrammed Funds, Mach Academy
ATTEST:
ATTEST:
r a4) 3/15113
,bCp, Clerk of Gobi) s%c,n,
SEAL
(PI Witness)
S` E A L .'
Henry Taylor
As its Corporate Secretary
By:
2012 CDBG Reprogrammed Funds, Mach Academy
AUGUSTA, GEORGIA
(Grantee)
By:
46# David S. Copenhaver
As its Mayor
MACH Academy, Inc.
Subrecipient
f)/47
ichael D. Harden
As its President
Cl/
Frederick L. Russell
City inistrator
Chester A. Wheeler, III, Director
Housing & Community Development Department
ail& A fee
Andrew G. MacKe
General Counsel
The Subrecipient will be responsible for administering the Tutoring for Success Program in a manner
satisfactorily to the Grantee, according to and consistent with any standards required as a condition of
providing these funds. Such program will include the following activities eligible under the Community
Development Block Grant Program:
J. SCOPE OF SERVICES
26
A. Activities
EXHIBIT "A"
SCOPE OF SERVICES AND TIMETABLE
1. MACH Academy, Inc. will provide daily hands on activities to participants that will help
develop positive life and social skills from childhood to adulthood to low /moderate income
participants.
Program Delivery
Subrecipient will provide academic and technical instructions, social skills development,
nutrition and physical fitness to 68 high -risk youth who are at risk of academic failure, negative
behavior, gang involvement, lack of daily physical activity and other negative influences, obesity,
and low self- esteem. The "Tutoring for Success" program is operated out of the Fleming Tennis
Center located at 1850 Chester Avenue in Augusta, GA. The program will be conducted Monday
through Thursday 4:00 p.m. until 8:00 p.m. after school, during spring break one week in April.
The following activities are offered to program participants:
• Tennis
• Academics (tutoring, homework assistance, life skills development)
• Computer Technology Sessions (basic computer skills, PowerPoint presentation
development, college preparation, career exploration)
• Fitness & Nutrition (healthy eating, fitness activities /exercising)
CDBG funds will be used for salaries for one Project Coordinator, three (3) program instructors
four (4) hours per day, four (4) days per week, supplies, academic, computer, tennis /fitness,
life /social skills instructors, computer equipment, software and instructional materials.
General Administration
The Board of Directors manages the Subrecipient; The Chief Executive Officer manages the
agency, finance, and programs; Volunteers support the agency and clients.
2012 CDBG Reprogrammed Funds, Mach Academy
Activity
Units per Month
Total Units /Year
Tutoring for Success
10
40
27 1
B. National Objectives
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
Michael D. Harden, President /CEO, oversees policies, procedures and guidelines to ensure
compliance with rules and regulations;
Betty Jones, Executive Director, is responsible for operation of the program activities, manages
day to day activities, facilitates all programs and manages VISTA worker and contract workers
that provide program support — 40 hours per week;
1 Program Coordinator — 8 hrs per week
3 Contract Program Assistants — Provide program services to youth, four days per week, Monday
— Thursday for 4 hours per day after school and five days per week, 4 hours per day Monday -
Friday during summer camp.
1. Tennis /Fitness, Contract Program Assistant;
2. Computer /Technology Program Assistant;
3. Academic /Tutoring Assistant; and
4. Character Education /Conflict Resolution /Bullying /Nutrition Program Assistant.
E. Performance Monitoring
The Subrecipient agrees that the Department may carry out periodic monitoring activities, as
determined necessary by the Department. At a minimum, monitoring shall occur annually, but
it may occur more frequently if the Department deems it necessary. The Department will
provide the Subrecipient advance written notice prior to any monitoring activities. Such
monitoring shall consist of (i) evaluating the Subrecipient's compliance with the terms and
conditions of this Agreement, and (ii) comparing the Subrecipient's projected Project schedule,
budget, and output with its actual performance. Upon request, the Subrecipient shall furnish
the Department, the Grantee, or its designee copies of such records and information, as the
Department or the Grantee deems necessary. In addition, the Subrecipient shall submit
2012 CDBG Reprogrammed Funds, Mach Academy
Line Item
Amount
Staff Salaries (4 contractual part -time program instructors)
$3,200.00
Project Coordinator
$900.00
Printers /Cables
$898.00
Instructional materials
$300.00
Computer Equipment
$1,000.00
Software Packages
$1,000
Supplies
$76.67
TOTAL
$7,374.67
II. TIME OF PERFORMANCE
III. BUDGET
monthly progress reports, as required by this Agreement, and shall prepare other such reports
as may be required by the Department, the Grantee, and /or HUD.
The Grantee will monitor the performance of the Subrecipient in accordance with the goals and
performance standards as stated above. Substandard performance as determined by the
Grantee will constitute noncompliance with this Agreement. If, Subrecipient does not take
corrective action to address such substandard performance within a reasonable period of time
after being notified by the Grantee, Agreement suspension or termination procedures will be
initiated.
Services of the Subrecipient shall start on January 1, 2012 and end December 31, 2012. The
term of this Agreement and the provisions herein shall be extended to cover any additional time
period during which the Subrecipient remains in control of CDBG funds or other CDBG assets,
including program income.
Any amendments to the budget must be in writing and approved, in writing, by the Grantee's
Director of Housing and Community Development Department.
IV. PAYMENT
It is expressly agreed and understood that the total amount to be paid by the Grantee under this
Agreement shall not exceed Seven Thousand, Three Hundred and Seventy Four dollars and sixty seven
cents ($7,374.67). Draw -downs for the payment of eligible expenses shall be made against the line
item budgets specified in Paragraph III herein, and in accordance with performance. Expenses for
general administration shall also be paid against the line item budgets specified in Paragraph III, and in
accordance with performance.
Payments may be contingent upon certification of the Subrecipient's financial management system in
accordance with the standards specified in 24 CFR 84.21.
Subrecipient is also 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
2012 CDBG Reprogrammed Funds, Mach Academy
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.
2012 CDBG Reprogrammed Funds, Mach Academy
1. At a minimum, Accounting and related records of Subrecipient shall be comprised of the
following:
EXHIBIT "B"
PROGRAM REQUIREMENTS
Subrecipient shall operate this project funded through the Augusta Georgia's Community Development
Block Grant Program according to the following guidelines:
a. Voucher System - All supporting documentation, including, but not limited to, purchase
order, invoices, receiving reports, and requisitions.
b. Books of Original Entry - Cash receipts, disbursements journal, and general ledger.
c. Chart of Accounts - Listing of accounts must be maintained in an accounting system.
d. Personnel Records - Separate personnel files shall be maintained for each project
employee. At a minimum, the file shall contain the following: (i) a resume of the
employee, (ii) a description of duties assigned, (iii) a record of the date employed, (iv)
rate of pay at the time of employment, (v) subsequent pay adjustments, and (vi)
documentation supporting leave taken by the employee.
e. Attendance Record - Attendance records shall be maintained for all personnel paid with
CDBG funds. This shall apply to part -time and full -time personnel. In addition to
accounting for daily attendance, the type of leave taken (i.e. annual, sick, or other), shall
be disclosed and documented. Daily attendance records must support budgetary
changes for payroll purposes.
f. Payroll Records - Formal payroll records supporting cash disbursements to employees
shall be maintained. Such records shall disclose the following information for each
employees: (i) name, (ii) job title, (iii) social security number, (iv) date hired, (v) rate of
pay, and (vi) all required deductions for tax purposes. Timely quarterly payment of
taxes, which are withheld from employees for the Federal Government, and required
matching costs, shall be documented in payroll records. In addition, all charges for
payroll purposes shall be made and documented in accordance with the budget
submitted to the Grantee.
g. Checking Accounts - Monthly bank reconciliation shall be conducted by Subrecipient. All
checks, including voided checks, stubs, etc. shall be prenumbered and accounted for,
including voided checks. Check stubs, cancelled checks, and deposit slips must be
readily available for audit purposes.
h. Petty Cash - Subrecipient is encouraged to use an imprest or cash advance system and
adhere to a monthly, or if necessary, more frequent reimbursement procedure if any
CDBG funds are used as petty cash.
i. Purchasing Practices - HUD considers State - purchasing regulations to be an acceptable
standard for purchasing practices. Local purchasing practices and other procedures
2012 CDBG Reprogrammed Funds, Mach Academy
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.
1 2012 CDBG Reprogrammed Funds, Mach Academy
REPORT
DUE DATE
PERIOD COVERED
Monthly Progress Report
15 day of each month (Jan 2012 —
April 30, 2013)
For Prior Months' Activities
Annual Performance Report
May 15, 2013, after year of grant
period
Grant Period (Jan 1, 2012 —
April 30, 2012)
Audit or Financial Statement
30 days after receipt of Audit
Report
Subrecipient's audit period
EXHIBIT "C"
REPORT SCHEDULE
2012 CDBG Reprogrammed Funds, Mach Academy
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)
2012 CDBG Reprogrammed Funds, Mach Academy