Loading...
HomeMy WebLinkAboutAGREEMENT BETWEEN AUGUSTA GA AND THE SENIOR CITIZENS COUNCIL OF GREATER AUGUSTA, INC 2014 CDBG PROGRAM t � c 0 py AGREEMENT BETWEEN AUGUSTA, GEORGIA AND THE SENIOR CITIZENS COUNCIL OF GREATER AUGUSTA, 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 The Senior Citizens Council of Greater Augusta 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.0 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 Pfs 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 Ptah 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 2014 CDBG AGREEMENT (The Senior Citizens Council, Inc) Page 1 The term 'Low and Moderate Income Household'` shall Wean 'a.houset old having :..a .total income equal to or less: than the Section 8 low income limit established by HLUD : : Low and." Moderate Income Person. The terrri "Low and Moderate income Person" shall mean a meiber of a family having a total income equal to or less than the U.S. Deparrtment 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 wiil:.be considered as one - person families forthis 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 thresh o, olds notifies HUD that it intends to .participate in• ,the program, and obtains: approval by HUD of a. Consolidated Plan. Personal Property Property or any kind exceptive! property. 4 ' may be.;tangible, having physical existence, or intangible having no physical existence;.such as copyrights, patents, orsecurities. Project The term "Project» shall mean the objective established for the, expenditure of CDBG funds as set forth in 111 hereto: entitled "Scope of Services and Timetable: " Small: Business • Means a buisinessthat meets the criteria set forth.in Section 3 (a }: of the small Business Act, 'as amended (25 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: " rinority group members" shall mean are African Americans,. Spanish - speaking,: Spanish: surnamed or Spanish heritage Americans, AsianiAmericans, and American Indians; The Sub recipient may rely on written representations by businesses regarding their status;as Minority and vWomen 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` housing is riot a Sub recipient:. tj:5,C: United States Code, ''the codification by subject matter of the general and perrnenentlaws. of the United States ARTICLE 11: PREAMBLE in. order to Establish the; background, cc ntext:and frame of. refer'ei for this.Agreement and to manifest the objectives and the intentions of the respective parties herein,, the following stater ents, representations 'arid explanatlr ns are set forth. Such Statements, representations and explanations.shail` be accepted as conditions precedent for the undertakings and corrimitments included within the 2014 CDBGAGREEMENT (The Senior CitizensCounCil Inc Page 3 delivery , ' facsimile or other electronic means. Any notice delivered as aforesaid Shall be effective on the date of delivery 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. Communication and details concerning this Agreement shall be directed to the following Agreement representatives: Grantee: Augusta, Georgia Attention: David 5. Copenhaver, Mayor 530 Greene Street 8 Floor Augusta, Georgia 30901 With copy to: Housing and Community Development Department Attention: Chester A. Wheeler, Itt, Director 925 Laney-Walker Boulevard, 2 Floor Augusta, Georgia 30901 If to Sub-recipient: The Senior Citizens Council of Greater Augusta, Inc. Attention: Kathleen Ernce, Executive Director 4210 Columbia Road, Suite 13A Martinez, GA 30907 Email: kemce@seniorcitizenscouricilorg 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. 2014 CDBG AGREEMENT (The Senior Citizens Council, Inc.) Page 5 Grantee will be named as an additional.. insured with respect to Sub- recipient's liabilities hereunder in insurance coverages'identified in items:(b) and (c):. T policies shall be written "by a responsible cornpany(s), to be approved by.the Grantee and. shall be noncancellable except on thirty -(3G) days' written notice to the Grantee. Such policies shall name :the Grantee as co- insured, except for workers 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 ofthe execution of this:Agreetnent., • G. Grantee's Recognition The Sub - recipient shal insure recognition of the role of the Grantee `in. :providing services. through this Agreement. All activities, facilities and items iitiliZed 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 Agreern.ent, and shall. a. acknowledgement of Augusta, Georgia as grantee. b; to !abet all a purchased with CDa.G funds as property of:Augusta Georgia, and C. insertion of HUD and Augusta, Georgia logo on all pubiications relating: to program .funded. with. CD:BG funds. . H. Arne:M ents:: L The Grantee or Sub - recipient may amend this Agreement at any time. provided that such amendments make s:p:ecific 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. HUG for the administration of funds, Grantee may consider and act upon reprogramming recc mmendations: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 Seib recipient-shall submit to. the. Grantee within thirty (30) .days of the Cori pletion of each Projecta conipletefinancia.l: accounting of all its project activities:: 4: •The Departri:ent`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„ arnend this Agreement to conform witth Federal, state or local.governenental. guidelines, policies and available funding amounts, or for other reasons, as it deems necessary, if'such amendments result in a change (ij` in the funding, (ii): the scope of services or (iii) schedule of the actrvltes to be undertaken as `p of this 2014 CDBGAGREEMENT s The enior Citizens Council, Inc) � ��� Page. 7 s . .Discrahrec For the purposes of the Community Block Grant :Program, any Public Service functions/organizations are not bound by any language pertaining tu tqoqi t-o.tated issues/topics. ARTICLE VI: ADMINISTRATIVE REQUIREMENTS A. Financial Management 1. Accounting:Standards The Sub-recipient agrees to'COMply with 24 CFR B4.21-28; -recip3ent shall (I) adhere to the accounting principle• and procedures required therein, (ii) •utilize adequate . internal controls, and (Hi) maintain necessary. Source documentation • for :all costs: incurred. 2. Cost Principles: The Sub-retipient shall administer its program "in conformance with OMB Circulars A- 122; 'Coq 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 representative:s, access to and the tight to examine all records, books, papers, or dOCUMents relating the Project.. b) .SUb-recipient agrees to maintain. books, records;.and documents in accOrdarice::With general accepted .accountingprotedUres and practicesthat 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 SPecifiCalty outlined in this Agreement.. The. Sub- recipient . shall comply with any condition's '. and tirnetabieS 'set, forth: in this Agreement. In the event (1)•the Subredipient does not comply with the conditiOns and/or timetables, : (ii) the Sub recipient ceases to exist; or Sub-reCipierit ceases to provide the services for which the rant 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 CMG eligtble prOject. In the event of default,. the Grantee may exercise oriy rights or remedies provided in this Agreement. B. Documentation:and Recordkeeolng 1. Records to be Maintained. The Sub-recipient shall maintain all records by the Federal regulations specified in 24 CFR 570.506,. *Which are pertinent to the activities. to be funded. this Agreement Such recOrds:shallintlUd.e, but not be:littiited to: 2014 CDBG AGREEMENT (The Senior Citizens . Council, Inc.) Page 9 the policies of the local. Continuum of Care concerning Data Privacy, System Security •and Client Confidentiality. 5, Close- outs The Sub- recipient's obligation to the Grantee shall continue until ail closeout requirements are completed. Activities: the closeout period shall include, but are. not :linliited 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 CMG 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 thspections All SubTecipient 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, exarnirne, >and rriake 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 auiiit requiretr ents wit constitute a violation of this Agreerrient and may result in the with.tolding of future payments, The Sub - recipient: hereby' agrees to have an annual agency leudit conducted .in accordance with current Grantee policy concerning Sub- recipient audits: and OMB Circular A -133, "if applicable. if Sub- recipient does not expend $500,000 in Federal funds within the fiscal year, then a financial staternentait- shall be subrrritted to Grantee: C. `Reporting and Payment Procedures 1. Program income The Sub- recipie, nt sha f provide "monthly" reports on all'program income [as defined at 24.CFR 570.500 (a)j generated by activities :carried out with CQBG'funds made available under this Agreement, The use of program income by the Scib re shalt comply with the requirements set forth at 24 CFR 570.504. By Way of further limitations; the Stab - recipient may use such :income .during the Agreement period for activities permitted: under •this Agreement, and Shall reduce requests for additional funds by the arnount of any such program income balences:on hand. Att unexpended program income shall be returned to the. Grantee a the end of the Agreement period. Any interest earned on cash advances from the U S. TTreasury and from funds held in a :revolving fund account is not program income : and shell be remitted promptly to the Grantee. Program income anticipated to be generated from the use: of Ci3BG funds for this project is approx_imateiy Zero Dollars ($t)). 2014 CDBG AGR (The Senior Citizen Counczl, ine ;) Page 11 d) The Grantee: will pay the Sub- recipient funds available under this Agreement based upon information subrnitted 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 shad be: submitted by the 15 day of the month following prior month activities. 5. Annual Reports The Sub - recipient shalt 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 Grantees 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) Ail 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 Standard? , 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 awned business sources, as well as women- owned businesses, for supplies and services, as required by Federal guidelines. 2014 CDBG AGREEMENT (The Senior Citizens Council, Inca Page: 1a 4:. In all cases. in which: equipment acquired, iii :whole or in .part, with funds under this Agreement are sold, the proceeds shall be prograrn income (prorated to reflect the extent to that funds • received under this Agree.rnent were used to acquire the 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 an ount equal to the current fair market of the equipment. ARTICLE V11: RELOCATION REAL PROPERTY ACQUISITION AND ONE-TOR -ONE HOUSING REPLACEMENT The Sub - recipient agrees to comply with each of the following(i) the: U Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended {t1RA), and implement ng.regutations at 49 CFR Part 24 and 24 CFR 570 (b); (if') the requirements of 24 CFR $70.606 (c) goverritng the Residential Anti - Displacement and Relocation Assistance Plan under section '104(d) of the fiCD Act; and (iii): the requirem. eats in 24 CFR 570.606 (d) governing optional .relocation policies. (The Grantee shall have the authority to preempt the optional policies.) The Sub-recipienti shall provide reltcation assistance to displaced persons as defined by 24 CFR 570,606 (b)(2) that a re 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, resolution's, and policies concerning t:he displacement of persons from their residences., ARTiCL VHI: PERSONNEL & PARTICIPANT "CONDITIONS A. Civil Rights. 1. Compliance a) The Sub - recipient agrees to , comply with the following:. Title V1 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 10.9 of Title t of the Housing and Community ©eveloprne nt Act of 1974: as amended; Section 504 of the Rehabilitation At of 1973; the Americans with Disabilities Act of 1990; the Age Discrrrnnat +on 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 drscrirninated against on the: grounds of race; color, national ongi'n; age,:familial status, handicap, or sex. Further; the Sub - recipient understands and agrees that it will Immediately take any measures necessary' to effectuate this potrcy. 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 atthe: Project location. 2014 CDBGAGREEMENT (The Senior Citjzens Couatcil, Incj Page 15 of this section; the following terms shall be defined as follows: "minority group members" shall mean African-Americans, Spanish - speaking, Spanish stirnarned 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 .augustega.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 appllicants for employment Such notice shall be provided by the Agency Contracting, Officer. S. .Ecivai 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 8, in every contract or purchase order making such provisions binding upon each of its own subcontractors and /or if its other type of subcontractor. 2014 CDBG AGREEMENT (The Senior Citizens Council, Inc) Page 17 The Sub recipient 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 it 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 1368, as amended (12 U.S.C. .1705), :Section 3 requires that to :the greatest extent feasible,. opportunities for training and employment be given to low and very Iow of the project area,, and that contracts;for'work in connection with the project be awarded to business concerns that provide econoOliic opportunities forlow and verylow income persons:.residing in the metropolitan urea in :whick 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),. )dousing Construction, or other Public Construction Project : are given to :low and very low income persons residing within the metropolitan area in which the CDB G- 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 ineighbOthotid. 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 econornic opportunities for low and very low income persons residing Within the metropolitan_ area in which the CDBG- funded project is located.: Where feasible,. priority : shouli be given to business concerns that provide :economic opportunities to low and very low inco me. residents within. the service a rea or.the neighborhood in.whicl the project is located and to low and very tow income participants in other HUp program The Sub - recipient certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these require:merits.. b) Notifications The Sub recipient agrees to send a Notice to each labor organization or representative of workers with which it has a collectivebargaining agreement, otheragreement and /or understanding, if any, advising said labor organization or worker's representative of its commitrnents under this Section 3 clause, and shat) post copies of the inetite in conspicuous places available to emplayeesand applicants for employment or training. c) Subcontracts The Sub -recipient witf 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) bias been found to be in; violation of regulations under 24 Ci=R Part 135, Or will: not let any subcontract; unless:encl unttt, the Z014 CDBG AGRE.IrMi~NT {Tie Senior Citiens Council, Inc.) Page 19 F. Conflict of interest The Sub - recipient agrees to abide by the provisions of 24 CFR. 8442 and 57a611, 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 e'rnployee, officer or agent of the Sub - recipient shall participate in the selection, award, or adniri stration 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 ina position to participate in a decision - making pro cess; or who . are in a position to ,gain .inside information with regard to: such activities, may o ~a financ interest in any Agreement. Nor shall any such person have a firanci'al interest in any contract, subcontract, or agreement with respect to the CDBG assisted activity. Further, such persons shalt 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 (4 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 ofthe 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) officer or employee of any agency, (ii)` :a Member of Congress;. (iii) an offi.cer 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 ri aking of any Federal grant, (c) the making of j any Federal :loan, the: entering into of any cooperative agreement; anti (d} the. extension; 2014 CDBG AGREEMENT. The;Senior Citizens Council, frig � ) p 21 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 SC, as amended: B. Flood Disaster Protection In accordance with the requirements of the Flood Disaster Protection Act of 1373 (42 U.SC. 4001), the. Sub - recipient shall assure that for activities located In an area identified by the Federal Emergency Managerntnt Agency (FENMA) 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 (incliuding 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 ..HOD 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 ail 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 ;sloutd be taken when dealing with lead -based paint poisoning and (4) the advisability and availability of blood lead levet screening for children : under the age seven (7) The'not €te should also state that if:lead -based paint is found on the property, that abatement measures may be undertakenn. 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 /orabaterrient. .0. Historic. Preservation: The Sub - recipient agrees to comply with the Historic Preservation requirements asset 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. perform-ante 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 SEVEt ABILITY 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 Agreernent shalt nevertheless remairi'in full force and effect. 2014 CDBG AGREEMENT (Tle.Senior Citizens Goucil, Inc.) 3 .'age 23 IHDAet1perf AAr nioe3ot ile 1.17 1 1tacuirergo C rsooitr atn t9t nna Secu r i ty Georg Ho tye." Re form o n r m subco o r any e es . nr au :.registered ne dn b f ygs do cfes wSecur n t t e n t t e work r tlib e . 0 k rvy ae d c t 0 must :r t o ewAhe r s nq ct to 71 o eor ta r r fe dh. verify ont d e e authorized r i r d i is in e p g e 6dwp programs oh av oe ge rc. Rd informati miu riu . cta aE contracts me p u ,s,c .tav hn etfp t oi n. Ar operated Lr ngf i . 09 011..nd n t s ft 99-603, tu -00 r number n 6n ef, ot bc e t 0 eb: program A verifying lr r oy nr o at hrn r aid . a r e mcewt c mid° 0 os United oi rnt accordance pe k s ds awc a r nb po operated uh ce n tti o yo States do ew a st with by the ha r nc sttc hef: the p.0 c e uDepartment iwn n r s. a uti t. no unha c pa e io n pt et dn f . t a s h ow hAi h e. t yota the e sf t t .provig/ons and deadlines established iti O.CG4 § 13-10-91 and shall .contirwe to.use .the federo! authorizatton program throughout the contract term 411 contractors shaflfurther agree that, shou!d it employ ar contract with any subcontrcictor(s) in ronnection w:th the physicaf perforrncince of services pursuant to its contract with Augusta, Georgia the contrcictor will secw from stjch subcontractoijs contrczctors shall further agree to mointain records of such compliance and provide a copy af each such vertfication to Augusto, Georgia at the time the subcontractorfr) is retained to perforrn such phys:ca( servites [SIGNATURES ON THE FOLLOWING PAGE] 2014 CDBG AGREEMENT (The Senior Inc) Page 25 EXfIiBIT "A" SCOPE OF SERVICES AND TIMETABLE The Sub-recipient will be responsible for administering the Benefits, Are You Getting Yours 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: It SCOPE OF SERVICES A. Activities The Benefits, Are You Getting Yours Program will assist income-eligible seniors and disabled individuals, low—to-moderate income seniors, family members/caregivers of these seniors, low- income disabled individuals, and private citizens to complete an assessment to determine what benefits they are qualified to receive and then apply for these benefits. Program Delivery The Senior Citizens Council will provide assistance to determine what benefits individuals are qualified to receive and then apply for these benefits. Assistance will be given to low to Moderate income seniors, family members/caregivers of these seniors; low to moderate income disabled individuals, and income eligible private citizens. This project is needed because many low-income Americans are struggling daily to make ends meet while missing out on many dollars, services and benefits that can assist them. Hours of operation are Monday through Friday, 8:30am until 5:00pm. The project will operate at senior centers, senior apartment complexes and other community meeting sites in Richmond County, Georgia. Funds will be used for staff salaries and fringe benefits. General Administration The Board of Directors manages the Sub-recipient; The Chief Executive Officer manages the agency, finances, and programs; Volunteers support the agency and clients.. B. National Obiectives 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. 2014 c.DI3G AGItEEM.ENT Cilie Senior CitiZens .Page 27 Line item Amount Staff Salaries & Fringe $eneftts $10,000 Total . $10,000 ` 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 Ten Thousand dollars and zero cents ($10,000.02). Drawdowns for the payment of eligible expenses shalt be Made against the line item budgets specified in Paragraph 111 herein, and in accordance with performance. Expenses for general administration shall also be paid against . the line item budgets specified in Paragraph llt, and in accordance with performance. Payments may be contingent upon certification caf 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 CD:BG.AGREEMENT TheSeniar'Citizens Council,. Inc � Page`29 shall prevail unless State and /or Federal practices and procedures are more stringent. Therefore, Sub- recipient is obligated to conform to the more restrictive practices and procedures,: It is recommended that Sub - recipient use a formal prerwmbered purchase 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 disposition of all property. An annual inventory *should be conducted, and the books shall reflect the actual value of property h eld 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. 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 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. 4. Report Schedule REPO T DUE DATE PERIOD COVERED Monthly Progress Report: 15 day of each mont {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 20.14 CDBG`AGREEMENT {The Senior Citizens Council, Inc.) Page 31 Addendum 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 bided is in excess of our (AHCDD) amount budgeted and /or exceeds the amount of sub - recipient's total contribution