HomeMy WebLinkAboutAGREEMENT BETWEEN AUGUSTA GA AND MACH ACADEMY INC 2014 CDBG PROGRAM ORIGINAL
AGREEMENT BETWEEN AUGUSTA, GEORGIA
AND
MACH ACADEMY, INC.
2014 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
This Agreement is made and entered into this 1 day of January, 2014, 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 "Sub- recipient ").
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 Sub - recipient to assist the Grantee in utilization of such
funds;
WHEREAS, the Sub - recipient 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 (Pi) Consolidated Plan (see definition of
"Consolidated Plan "). It includes the PJ's annual application for CDBG, HOME, HOPWA and ESG funding.
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.
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.
2014 CDBG AGREEMENT (MACH Academy, Inc.) Page 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 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 Sub - recipient may rely on written
representations by businesses regarding their status as Minority and Women Business Enterprises.
Sub - recipient
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 Sub - recipient.
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.
2014 CDBG AGREEMENT (MACH Academy, Inc.) Page 3
addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent
written notice.
Communication and details concerning this Agreement shall be directed to the following Agreement
representatives:
Grantee: Augusta, Georgia
Attention: David S. Copenhaver, Mayor
530 Greene Street, 8 Floor
Augusta, Georgia 30901
With copy to: Housing and Community Development Department
Attention: Chester A. Wheeler, III, Director
925 Laney - Walker Boulevard, 2" Floor
Augusta, Georgia 30901
If to Sub - recipient: MACH Academy, Inc.
Attention: Betty Jones, Executive Director
1850 Chester Avenue
Augusta, GA 30906
Email: mparks37 @comcast.net
ARTICLE V: GENERAL CONDITIONS
A. General Compliance
The Sub - recipient 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 Sub - recipient does not assume the Grantee's environmental responsibilities and (2)
the Sub - recipient does not assume the Grantee's responsibility for initiating the review process.
The Sub - recipient also agrees to comply with all other applicable Federal, state and local laws,
regulations, and policies governing the funds provided under this Agreement. The Sub - recipient
further agrees to utilize funds available under this Agreement to supplement rather than
supplant funds otherwise available.
B. Independent Contractor
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 Sub - recipient
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 Sub - recipient is an Independent Contractor.
C. Construction Sites
All contracts for contractors performing demolition and /or construction projects for Augusta,
Georgia shall contain a provision requiring that all debris, trash and rubble form the project be
2014 CDBG AGREEMENT (MACH Academy, Inc.) Page 5
The policies shall be written by a responsible company(s), to be approved by the Grantee, and
shall be noncancellable 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.
G. Grantee's Recognition
The Sub - recipient 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 Sub - recipient 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, Georgia as grantee
b. to label all assets purchased with CDBG funds as property of Augusta, Georgia, and
c. insertion of HUD and Augusta, Georgia logo on all publications relating to program funded
with CDBG funds.
H. Amendments
1. The Grantee or Sub - recipient 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 Sub - recipient 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 Sub - recipient. In the event that the Grantee approves any modification, amendment,
or alteration to the funding allocation, the Sub- recipient shall be notified pursuant to Article
V and such notification shall constitute an official amendment to this Agreement.
3. The Sub - recipient 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 Sub -
recipient'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 Sub - recipient.
2014 CDBG AGREEMENT (MACH Academy, Inc.) Page 7
ARTICLE VI: ADMINISTRATIVE REQUIREMENTS
A. Financial Management
1. Accounting Standards
The Sub - recipient agrees to comply with 24 CFR 84.21 -28; Sub - recipient 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 Sub - recipient 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) Sub - recipient 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) Sub - recipient 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 Sub -
recipient shall comply with any conditions and timetables set forth in this
Agreement. In the event (i) the Sub - recipient does not comply with the conditions
and /or timetables; (ii) the Sub - recipient ceases to exist; or (iii) Sub - recipient ceases
to provide the services for which the Grant was made, the Sub - recipient shall be in
default. If the Sub - recipient is deemed to be in default, the Sub - recipient 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 Sub - recipient 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;
2014 CDBG AGREEMENT (MACH Academy, Inc.) Page 9
5. Close -outs
The Sub - recipient'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 Sub - recipient has control over CDBG funds, including
program income.
Any Grant funds remaining at the end of the Agreement period shall be returned to the
Grantee, and the Grantee may at its discretion reprogram the funds to another CDBG
eligible project.
6. Audits and Inspections
All Sub - recipient 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 Sub - recipient within 30 days after receipt by the Sub - recipient. Failure
of the Sub - recipient to comply with the above audit requirements will constitute a
violation of this Agreement and may result in the withholding of future payments. The
Sub - recipient hereby agrees to have an annual agency audit conducted in accordance
with current Grantee policy concerning Sub - recipient audits and OMB Circular A -133, if
applicable. If Sub - recipient does not expend $500,000 in Federal funds within the fiscal
year, then a financial statement shall be submitted to Grantee.
C. Reporting and Payment Procedures
1. Program Income
The Sub - recipient 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 Sub - recipient shall comply
with the requirements set forth at 24 CFR 570.504. By way of further limitations, the
Sub - recipient 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 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).
2014 CDBG AGREEMENT (MACH Academy, Inc.) Page 11
d) The Grantee will pay the Sub - recipient funds available under this Agreement based
upon information submitted by the Sub - recipient, 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 Sub - recipient.
e) The terms of this agreement supersede any and all provisions of the Georgia Prompt
Pay Act.
4. Progress Reports
The Sub - recipient 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 month activities.
5. Annual Reports
The Sub - recipient shall submit an Annual Performance Report to the Grantee by using
the form Exhibit F; complete 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 Sub - recipient shall comply with current Grantee's policy concerning the purchase of
equipment. Sub - recipient 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) To the extent that the pricing provided by the Sub - recipient /Contractor is erroneous
and defective, the parties may, by agreement, correct pricing errors to reflect the
intent of the parties.
c) Sub - recipient 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.
2014 CDBG AGREEMENT (MACH Academy, Inc.) Page 13
4. In all cases in which equipment acquired, in whole or in part, with funds under this
Agreement are 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 Sub - recipient 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.
ARTICLE VII: RELOCATION REAL PROPERTY ACQUISITION AND ONE - FOR -ONE HOUSING
REPLACEMENT
The Sub - recipient 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 Sub - recipient 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 Sub - recipient
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 Sub - recipient 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 1968 as amended; Section 104(b)
and Section 109 of Title I of the Housing and Community Development Act of 1974 as
amended; Section 504 of the Rehabilitation Act of 1973; the Americans with Disabilities
Act of 1990; the Age Discrimination Act of 1975; Executive Order 11063; and Executive
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 Sub - recipient 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 Sub - recipient
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.
2014 CDBG AGREEMENT (MACH Academy, Inc.) Page 15
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 Sub - recipient 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
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 Sub - recipient shall furnish and cause each of its own subcontractors to furnish all
information and reports required hereunder. Sub - recipient 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 Sub - recipient 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 Sub -
recipient'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 Sub - recipient 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 Sub -
recipient.
6. Subcontract Provisions
The Sub - recipient 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
2014 CDBG AGREEMENT (MACH Academy, Inc.) Page 17
"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 Sub - recipient further agrees to ensure that opportunities for training and
employment arising in connection with a Housing Rehabilitation (including reduction
and abatement of lead -based paint hazards), Housing Construction, or other Public
Construction Project are given to low and very low income persons residing within the
metropolitan area in which the CDBG- funded project is located. Where feasible, priority
should be given to low and very low income persons within the service area of the
project or the neighborhood in which the project is located, and to low and very low
income participants in other HUD programs. Sub - recipient 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 Sub - recipient certifies and agrees that no contractual or other legal incapacity exists
that would prevent compliance with these requirements.
b) Notifications
The Sub - recipient 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 Sub - recipient 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 Sub -
recipient 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
2014 CDBG AGREEMENT (MACH Academy, Inc.) Page 19
The Sub - recipient 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 Sub - recipient 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 Sub - recipient 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,
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 Sub - recipient, or any designated
public agency.
4. The Sub - recipient /Contractor warrants that no person or selling agency has been employed
or retained to solicit or secure this Agreement upon an agreement or understanding for a
commission, percentage, brokerage, or contingent fee, excepting bona fide employees or
bon fide established commercial or selling agencies maintained by the Sub - recipient or
Contractor for the purpose of securing business and that the Sub - recipient or Contractor has
not received any non -CITY fee related to this Agreement without the prior written consent
of the CITY. For breach or violation of this warranty, the City shall have the right to annul
this Agreement without liability or at its discretion to deduct from the Agreement Price of
consideration the full amount of such commission percentage, brokerage or contingent fee.
G. Lobbying
The Sub - recipient 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;
2014 CDBG AGREEMENT (MACH Academy, Inc.) Page 21
B. Flood Disaster Protection
In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C.
4001), the Sub - recipient 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 Sub - recipient 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
The Sub - recipient 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.
2014 CDBG AGREEMENT (MACH Academy, Inc.) Page 23
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 0.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 0.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]
2014 CDBG AGREEMENT (MACH Academy, Inc.) Page 25
EXHIBIT "A"
SCOPE OF SERVICES AND TIMETABLE
The Sub - recipient will be responsible for administering the Focus on 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:
K. SCOPE OF SERVICES
A. Activities
Sub - recipient will provide academic intervention, technology, recreation and pro - social
enrichment in a safe and positive environment.
Program`Dell'very
The program is offered afterschool, during school breaks, and summer break. The Focus on
Success Program will encourage participants to realize academic success through the
implementation of academic support to help meet state standards, enrichment /disguised
learning, use of technology, increase self- esteem, improve social /life skills, parent support and
empowerment, tennis /fitness to ensure healthy lifestyles. The Focus on Success program will be
implemented at the Fleming Tennis Center, 1850 Chester Avenue, Augusta, Georgia. The Focus
on Success Program will operate four days per week Monday - Thursday, four hours per day
4:00 p.m. - 8:00 p.m. January - May and August - December 2014; and five days per week, 7
hours /day during spring break and eight weeks of special summer camp sessions June and July
2014.
General Administration
The Board of Directors manages the Sub - recipient; The Chief Executive Officer manages the
agency, finance, and programs; Volunteers support the agency and clients.
B. National Objectives
The Sub - recipient 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
Sub - recipient 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 Sub - recipient agrees to provide the following levels of program services:
2014 CDBG AGREEMENT (MACH Academy, Inc.) Page 27
instruction 10 and up participants 4 hours per day, five days per week, Monday - Friday during special 8
weeks summer camp sessions, June and July, $10 /per hour.
Jordan Dingle, Program Assistant, serve as mentor, provide hands on learning sessions USTA First Serve
Life Skills Curriculum, ACE curriculum, tennis /fitness instruction for 10 and up participants, essay writing,
Hands on Banking, Science activities, January — May, 3 hours per day, four days per week, Monday —
Thursday and 4 hours per day during special 8 weeks summer camp sessions, June and July, $9 /per hour.
Hensworth Edwards, Program Assistant, 3 hours per day 4 days per week, Monday - Thursday, serve as
mentor, provide direct services in the form of tennis and fitness instruction for participants 10 and under,
healthy eating, life skills development and character education sessions after school January — May,
$10 /per hour
Jeannette Price, Van Driver, serve as mentor, responsible for transporting participants (children and
adults) to and from all program events /activities. Van driver will work 2 -3 hours per day 4 days per week
after school, Monday — Thursday, January — May and August - December and 3 - 4 hours per day, five days
per week, Monday - Friday during special 9 weeks camp sessions, April, June and July. $8 /per hour.
E. Performance Monitoring
The Sub - recipient 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 Sub - recipient advance written notice prior to any monitoring activities. Such
monitoring shall consist of (i) evaluating the Sub - recipient's compliance with the terms and
conditions of this Agreement, and (ii) comparing the Sub - recipient's projected Project schedule,
budget, and output with its actual performance. For Sub - recipients providing services to
homeless persons, or persons at risk of homelessness, participation in the local HMIS will be
monitored in accordance with the policies established by the local Continuum of Care. Upon
request, the Sub - recipient 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 Sub - recipient shall submit 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 Sub - recipient 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 Sub - recipient 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.
II. TIME OF PERFORMANCE
Services of the Sub - recipient shall start on January 1, 2014 and end December 31, 2014. The
term of this Agreement and the provisions herein shall be extended to cover any additional time
period during which the Sub - recipient remains in control of CDBG funds or other CDBG assets,
including program income.
2014 CDBG AGREEMENT (MACH Academy, Inc.) Page 29
EXHIBIT "B"
PROGRAM REQUIREMENTS
Sub - recipient shall operate this project funded through the Augusta Georgia's Community Development
Block Grant Program according to the following guidelines:
1. At a minimum, Accounting and related records of Sub - recipient shall be comprised of the
following:
a.
b.
c.
d.
e.
f.
Voucher System All supporting documentation, including, but not limited to, purchase
order, invoices, receiving reports, and requisitions.
Books of Original Entry - Cash receipts, disbursements journal, and general ledger.
Chart of Accounts - Listing of accounts must be maintained in an accounting system.
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.
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.
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 Sub - recipient.
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 - Sub - recipient 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.
2014 CDBG AGREEMENT (MACH Academy, Inc.) Page 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 Sub - recipients shall be responsible for reviewing and /or
obtaining a copy of such Code. Sub - recipients 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. Income Calculator — HUDExchange.info
3. Monthly Progress Report "Exhibit E"
4. Annual Performance Report "Exhibit F"
5. Income Eligibility Calculation Worksheet
6. FY 2014 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)
2014 CDBG AGREEMENT (MACH Academy, Inc.) Page 33
ADDENDUM ( #1)
For all Public Facility Projects:
• Augusta Housing and Community Development Department (AHCDD) has the authority to request
an itemized breakdown of all bids presented /submitted, if needed;
• Augusta Housing and Community Development Department (AHCDD) reserves the right to not
accept any bid(s), if the amount bid is in excess of our (AHCDD) amount budgeted and /or exceeds the
amount of sub - recipient's total contribution