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HomeMy WebLinkAboutAGREEMENT BETWEEN AUGUSTA GA AND THE SALVATION ARMY, A GEORGIA CORPORATION 2014 CDBG GRANT PROGRAM OR1G1NAL AGREEMENT BETWEEN AUGUSTA, GEORGIA , AND THE SALVATION ARMY, A GEORGIA CORPORATION 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 The Salvation Army, A Georgia Corporation (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 (PJ) 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 (The Salvation Army Augusta Area Command) 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 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 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 (The Salvation Army Augusta Area Command) Page 3 addressed to the individuals in the capacities indicated below, unless otherwise m odified 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: The Salvation Army, A Georgia Corporation Attention: Major Tony Perez, Augusta Area Commander 1384 Greene Street Augusta, GA 30901 Email: susan_meehan @uss.salvationarmy.org 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 (The Salvation Army Augusta Area Command) 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 (The Salvation Army Augusta Area Command) 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; b) Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program; c) Records required to determine the eligibility of activities; 2014 CDBG AGREEMENT (The Salvation Army Augusta Area Command) Page 9 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 audit-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 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 2014 CDBG AGREEMENT (The Salvation Army Augusta Area Command) Page 11 • 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 Unless specified otherwise within this agreement, the Sub - recipient shall procure all materials, property, or services in accordance with the requirements of 24 CFR 84.40 -48. 3. Travel The Sub - recipient 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 Sub - recipient 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 Sub - recipient'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 Sub - recipient fails to use CDBG- assisted real property in a manner that meets a CDBG National Objective for the prescribed period of time, the Sub - recipient shall pay the Grantee an amount equal to the current fair market value of the property, Tess 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 Sub - recipient 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 are sold, the proceeds shall be program income (prorated to reflect the 2014 CDBG AGREEMENT (The Salvation Army Augusta Area Command) Page 14 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. 2. Nondiscrimination 2014 CDBG AGREEMENT (The Salvation Army Augusta Area Command) Page 15 resenons by businesses rding t stas as Moy and Women Business r f Enterprises, in lieu of an independent investigation. Disclaimer: Augusta enforces DBE requirements and /or DBE goals set by Federal and /o State epr Agencies in accordance with State and Federal tu laws. The U.S. District Court for the Southern District of Georgia has entered an Order enjoining the Race -Based portion o Augusta, Georgia's DBE Program. (A copy of this Order may be obtained at http: / /www.augustaga .goy /index.aspx egar ?NID 14 Thus, Augusta Georgia does not have or operate a Disadvantaged Business Enterprise (DBE), Minority Business Enterprise (MBE) or : Women owned tati 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 The Sub - recipient 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. 2014 CDBG AGREEMENT (The Salvation Army Augusta Area Command) Page 17 a nd emoyment be given to low and very low income re of the pr area and t hat cont for work in connection with the p b a warded to bu con t hat provide econ o pportun i ties for low and very lo i ncome perso res iding i n the m etropol i tan pl area in w the project is located." T he Sub - recipien further agrees to ensure that op portunities fo tr aining and s n e mployment aris in connection with a Housing Re (incl reductio a nd abatement of lead -based paint hazards), Housin Construction, or o ther Publi C onstruction Proj are given to low and very low inc persons re sid i ng within the m etropolitan area in which the CDBG- funded project is lo cated. Where feasi ble, priority s hould be given t o low and very low income person w ithin the serv area of the p roject or the ne in which the project is l and to l a nd very low i ncome participa in other HUD programs. Sub - re cipient furthe a 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 entity has first provided a preliminary statement of ability to comply with the requirements of these regulations. D. Conduct 1. Assignability 2014 CDBG AGREEMENT (The Salvation Army Augusta Area Command) Page 19 2. No emoyee, officer or agent of the Sub - recipnt shall participate the section awd or administration of an Agreement supported by Federal funds if an actual el pr apparent , conflict of interest would be involved. 3. No covered persons who exercise or have exercised any functions o r responsibilities with respect pl 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 ie 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 , ar 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; 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 2014 CDBG AGREEMENT (The Salvation Army Augusta Area Command) Page 21 The law of the State of Georgia shall govern this Agreement between Grantee and Sub_ recipient 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 Sub - recipient 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 Sub - recipient, 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 Sub - recipient 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 Sub - recipient with respect to this Agreement. ARTICLE XV: SUB - RECIPIENT ACKNOWLEDGEMENT " Sub- recipient 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, Sub - recipient is deemed to possess knowledge concerning Augusta, Georgia's ability to assume contractual obligations and the consequences of Sub - recipient'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 Sub - recipient may be precluded from recovering payment for such unauthorized goods or services. Accordingly, Sub - recipient agrees that if it provides goods or services to Augusta, Georgia under a contract that has not received proper legislative authorization or if the Sub - recipient provides goods or services to Augusta, Georgia in excess of the 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 Sub - recipient. Sub - recipient 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 2014 CDBG AGREEMENT (The Salvation Army Augusta Area Command) Page 24 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] ` 41A, 2014 CDBG AGREEMENT (The Salvation Army Augusta Area Command) Page 25 EXHIBIT "A" SCOPE OF SERVICES AND TIMETABLE The Sub - recipient will be responsible for administering the Center of Hope Job Skills Training 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 The Salvation Army Augusta Area Command will provide life skills and employment training. This is a free of charge, 3- month program that gives homeless /low- income men and women the opportunity to gain practical job and life skills. Approximately 70 men and women will have successfully completed the program. Program Delivery Classes and Seminars are held Monday through Friday from 9AM — 5PM. Half the day is dedicated classroom time while the other half of the day is for skills practice and job searching. 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 The Sub - recipient agrees to provide the following levels of program services: Activity Clients per Quarter Total Clients /Year Job and life skills classes, case 20 60 management, and evaluation 2014 CDBG AGREEMENT (The Salvation Army Augusta Area Command) Page 27 M. BUDGET Housing Line item Amount Staff Salaries $13,000 Materials /Supplies $3,100 Utilities 53,900 Total $20,00 Any amendments to the budget must be in writing and approved , in writing, by the 's D and Community Development Department. . PAYMENT It is expressly irector agreed and understood that the total amount to be paid by the Grantee under Grantee this Agreement shall not exceed Twenty Thousand dollars and zero cents ($20,000.00). 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 Sub - recipient's financial management system in accordance with the standards specified in 24 CFR 84.21. Sub - recipient is also responsible for submitting to the Grantee each of the following: (i) monthly progress reports, (ii) time sheets (if applicable), (iii) mileage (if applicable), (iv) invoices and any other documentation deemed necessary by the monitoring official during the funding cycle. These records shall be retained up to five (5) years after the Agreement expires. 2014 CDBG AGREEMENT (The Salvation Army Augusta Area Command) Page 29 i.' Purchasing Practices - HUD considers State - purchasing regulations to bean acceptable standard for purchasing practices. Local purchasing practices and other procedures shall prevail unless State and /or Federal practices and procedures are more stringent. Therefore, Sub - recipient is obligated tha Sub-recipient pient use a formal r malprenumbered purchase procedures. It is recommended chase order system where possible and applicable. j. Inventories - Sub - recipient 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 - Sub - recipient is required to maintain formal subsidiary records to control all project property and equipment. Such records shall disclose the acquisition and subsequent h e book s shall refl c t the actual value of roperty at the end should the fiscal year. the book sae of at 2. All project accounting supporting I the d Grantee ts award. The T sha least five (5) years after termination available to the Grantee, HUD and /or any of their authorized representatives. 3. Sub - recipient 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 nd others who may be authorized to examine such accessible to the records. Grantee's staff, HUD officials, a 4. Report Schedule REPORT DUE DATE PERIOD COVERED Monthly Progress Report 1 day of each month (Jan. — Dec.) For Prior Months' Activities Annual Performance Report January 15, after year of grant Grant Period (Jan 1— Dec 31) period Audit or Financial Statement 30 days after receipt of Audit Sub - recipient's audit period Report a, Page 31 2014 CDBG AGREEMENT (The Salvation Army Augusta Area Command) - m m t F •■•crio THE SALVATION ARMY POLICY STATEMENT ON RELATIONSHIPS WITH OTHER GROUPS AND ORGANIZATIONS The Salvation Army in the United States works cooperatively with many groups - governmental, social service, civic, religious, business, humanitarian, educational, health, character building, and other groups - in the pursuit of its mission to preach the Christian Gospel and meet human need. Any agency, governmental or private, which enters into a contractual or cooperative relationship with The Salvation Army should be advised that: 1. The Salvation Army is an international religious and charitable movement, organized and operated on a quasi- military pattern, and is a branch of the Christian church. 2. All programs of The Salvation Army are administered by Salvation Army Officers, who are ministers of the Gospel. The motivation of the organization is love of God and a practical concern for the needs of humanity. 4. The Salvation /my's provision of food, shelter, health services, counseling, and other physical, social, emotional, psychological and spiritual aid, is given on the basis of need, available resources and established program policies. Organizations contracting and/or cooperating with The Salvation .Army may be assured that because The Salvation Army is rooted in Christian compassion and is governed by Judeo- Christian ethics, The Salvation Army will strictly observe all provisions of its contracts and agreements. Commissioners Conference: May-96