HomeMy WebLinkAboutCONTRACT BETWEEN AUGUSTA, GEORGIA AND BLOUNT'S COMPLETE HOME SERVICES FOR LUCY C. LANEY MUSEUM OF BLACK HISTORY WATER INTRUSION REMEDIATION PROJECT - 2013 CDBG $85,000 CONTRACT
BETWEEN
AUGUSTA, GEORGIA
AND
Blount's Complete Home Services
In the amount of
$85,000
Dollar amount here written
For Fiscal Year 2013
Providing Funding for
2013 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
Lucy C.Laney Museum of Black History Water Intrusion Remediation Project
This Agreement is made and entered into this 9th day of August, 2016 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 Delta House, 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 Consolidated Plan (see definition of"Consolidated Plan"). It
includes the Pi's annual application for HOME, HOPWA and ESG funds.
Business Concern
Means businesses that can provide evidence that they meet one of the following:
a) 51 percent or more owned by Section 3 residents; or
b) At least 30 percent of its full time employees include persons that are currently Section 3 residents, or within
three years of the date of first employment with the business concern were Section 3 residents;or
c) Provides evidence, as required, of a commitment to subcontract in excess of 25 percent of the dollar award of
all subcontracts to be awarded to business concerns that meet the qualifications in the above two paragraphs.
Consolidated Plan
A document written by a State or local government describing the housing needs of the low- and moderate-
income residents, outlining strategies to meet the needs and listing all resources available to implement the
strategies.This document is required to receive HUD Community Planning and Development funds.
Lucy C. Laney Museum of Black History Water Intrusion Remediation Project Page 2
Community Development Block Grant(CDBG)Program or Program
The term "Community Development Block Grant (CDBG) Program", or "Program" shall mean that program
administered by the Augusta, Georgia Housing and Community Development Department funded by a
Community Development Block Grant. Such grant shall be that which has been applied for by Augusta, Georgia,
and awarded by the U.S. Department of Housing and Urban Development (HUD) as authorized pursuant to Title I
of the Housing and Community Development Act of 1974, Public Law 93-383,as amended.
C.F.R.
HUD's section of the Code of Federal Regulations(CFR) is Title 24 and is often referenced as 24 CFR.Chapter IX of
24 CFR,entitled Office of Assistant Secretary for Public and Indian Housing, Department of Housing and Urban
Development,applies to programs administered by the Office of Public and Indian Housing.
Covered Person
For purposes of 24 CFR 5, subpart I,and parts 966 and 982, means a tenant,any member of the tenant's
household,a guest or another person under the tenant's control.
Department
The term "Department" shall mean the Augusta, Georgia Housing and Community Development Department.
Grant
A federal grant is an award of financial assistance from a federal agency to a recipient to carry out a public
purpose of support or stimulation authorized by a law of the United States. Federal grants are not federal
assistance or loans to individuals.
Grantee
The term "Grantee" shall mean Augusta, Georgia. Augusta, Georgia is a consolidated form of government, a
political subdivision of the State of Georgia. Augusta,Georgia may be reference as"Augusta".
Household
Household means all the persons who occupy a housing unit. The occupants may be a single family, one person
living alone, two or more families living together, or any other related or unrelated person who share living
arrangements.
HUD
The term "HUD" shall mean the U. S. Department of Housing and Urban Development.
Low and Moderate Income Household
The term "Low and Moderate Income Household" shall mean a household having a total income equal to or less
than the Section 8 low income limit established by HUD.
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.
Lucy C.Laney Museum of Black History Water Intrusion Remediation Project Page 3
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.
A. Title I of the Housing and Community Development Act of 1974, P. L. 93-383 (hereinafter the "Act")
consolidated several existing programs for Community Development into a single program of Community
Development Block Grants (hereinafter "CDBG") for the purpose of allowing local discretion in the
determination of needs and prioritization of community development. The Mayor, Augusta, Georgia
Commission and the citizens of Augusta, Georgia through citizen participation workshops have
determined the needs and prioritization of community development in Augusta,Georgia.
B. Pursuant to HUD regulations, 24 CFR 570.200 (a), certain projects were included in Augusta's CDBG
submission to HUD, referred to as the Annual Plan. Augusta determined that each of the individual
projects included in the Annual Plan address one or more of the following three national objectives:
1. • Activities benefiting low and moderate income persons;
2. Activities which aid in the prevention or elimination of slum and/or blight;
3. Activities designed to meet community development needs having a particular urgency.
Augusta has determined that the Project is a CDBG eligible activity because it addresses one or more of these
objectives.
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C. Under the rules and regulations of HUD, Augusta is administrator for the Program. Augusta is mandated
to comply with various statutes, rules and regulations of the United States, pertaining to the allocation
and expenditure of funds,as well as the protection of the interest of certain classes of individuals residing
in Augusta.
D. The Grantee is desirous of disbursing the funds to the Sub-recipient for use in the Project. Further, as a
condition precedent to the release of CDBG funds to the Sub-recipient, the Grantee, as Administrator for
the Program must obtain the assurance from the Sub-recipient of full compliance with all applicable
statutes, rules and regulations of the United States, the State of Georgia, and/or Augusta relating to the
Project and the Program.
ARTICLE III: PROJECT
The Grantee agrees to pay the Contractor as construction, as demolition is completed, an amount not to exceed
$85,000.00 (hereinafter the "Grant") to implement the following project(s): Lucy C. Laney Museum of Black
History Water Intrusion Remediation Project Sub-recipient will provide a detailed bid package. Said
package is more fully set forth in Exhibit"A"attached hereto and made a part hereof.
ARTICLE IV: NOTICES
Sub-recipient and the Grantee agree that all notices required by this Agreement shall be in writing and delivered
through one of the following: U.S. Mail (postage prepaid), commercial courier, personal delivery, facsimile, or
other electronic means. Any notice delivered as aforesaid shall be effective on the date of delivery. All notices
and other written communications under this Agreement shall be addressed to the individuals in the capacities
indicated below, unless otherwise modified by subsequent written notice.
Communication and details concerning this Agreement shall be directed to the following Agreement
representatives:
Grantee: Augusta,Georgia
Attention: Hardie Davis,Jr., Mayor
535 Telfair Street, Suite 200
Augusta,Georgia 30901
With copy to: Housing and Community Development Department
Attention: Hawthorne Welcher,Jr., Director
925 Laney-Walker Boulevard,2nd Floor
Augusta,Georgia 30901
If to Sub-recipient: Blount's Complete Home Services
Attention:Jimmy Blount
Address: 2907 Tobacco Road,Suite C
Hephzibah,GA 30815
Email: bhomeservice@aol.com
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
Lucy C.Laney Museum of Black History Water Intrusion Remediation Project Page 5
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 transported to and
disposed of at the Augusta, Georgia Solid Waste Landfill in accordance with local and state regulations.
The contractor shall provide evidence of proper disposal through manifests; which shall include the types
of material disposed of,the name and location of the disposal facility,date of disposal and all related fees.
D. Hold Harmless
The Sub-recipient shall hold harmless, defend and indemnify the Grantee, and its employees and agents
from any and all liabilities, demands, damages, losses, claims, actions, suits, charges, judgments and
expenses, including attorney's fees, that arise out of the Sub-recipient's performance or nonperformance
of the services or subject matter as required in this Agreement.
E. Workers'Compensation
The Sub-recipient shall provide Workers' Compensation Insurance coverage for all of its employees
involved in the performance of this Agreement, if applicable.
F. Insurance and Bonding
The Sub-recipient shall carry sufficient insurance coverage to protect Contract assets from loss due to
theft, fraud and/or undue physical damage, and as a minimum shall purchase a blanket fidelity bond
covering all employees in an amount equal to cash reimbursements/advances from the Grantee.
The Sub-recipient shall, at all times that this Agreement is in effect, cause to be maintained in force and
effect an insurance policy(s) that will ensure and indemnify the Grantee against liability or financial loss
resulting from injuries occurring to persons or property or occurring as a result of any negligent error,act,
or omission of the Sub-recipient in performance of the work during the term of this Agreement.
The Sub-recipient shall provide, at all times that this agreement is in effect, Worker's Compensation
Insurance in accordance with the laws of the State of Georgia.
The Sub-recipient shall provide, at all times that this Agreement is in effect, Insurance with limits of not
less than:
A. Workmen's Compensation Insurance—in accordance with the laws of the State
of Georgia.
B. Public Liability Insurance
C. Property Damage Insurance
D. Valuable Papers Insurance—in an amount sufficient to assure the restoration of
any plans, drawings,field notes,or other similar data relating to the work
covered by the Project.
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E. Professional Liability Insurance—
Grantee will be named as an additional insured with respect to Sub-recipient's liabilities hereunder in
insurance coverage's identified in items(b)and (c).
The policies shall be written by a responsible company(s), to be approved by the Grantee, and shall be
non-cancellable except on thirty (30) days' written notice to the Grantee. Such policies shall name the
Grantee as co-insured, except for worker's compensation and professional liability policies, and a copy of
such policy or a certificate of insurance shall be filed with the Director at the time of the execution of this
Agreement.
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. 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.
6. The Sub-recipient shall be allowed only one amendment to this Agreement, unless otherwise deemed
necessary at the discretion of the HCDD Director. No amendment will be granted to extend the
agreement beyond the established end date of the grant period.
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I. Suspension or Termination
In accordance with 24 CFR 85.43, the Grantee may suspend or terminate this Agreement if the Sub-
recipient materially fails to comply with any terms of this Agreement, including, but not limited to the
following:
a) Failure to comply with any of the rules, regulations or provisions referred to herein, or such
statues, regulations, executive orders, and HUD guidelines, policies or directives as may become
applicable at any time;
b) Failure,for any reason, of the Sub-recipient to fulfill in a timely and proper manner its obligations
under this Agreement;
c) Ineffective or improper use of funds provided under this Agreement;or
d) Submission by the Sub-recipient to the Grantee, of reports that are materially incorrect or
incomplete.
e) In accordance with 24 CFR 85.44, this Agreement may also be terminated for convenience by
either the Grantee or the Sub-recipient, in whole or in part, by setting forth the reasons for such
termination, the effective date, and, in the case of partial termination, the portion to be
terminated. However, if in the case of a partial termination, the Grantee determines that the
remaining portion of the award will not accomplish the purpose for which the award was made,
the Grantee may terminate the award in its entirety.
J. Liquidated Damages
For Public Facilities Projects only, the Sub-recipient agrees that any contractor(s) shall pay, as liquated
damages, to the Grantee the sum of $200.00 for each consecutive calendar day after expiration of the
Contract Time of Completion Time, except for authorized extensions of time by the Grantee. This Section
is independent of the above section dealing with Suspension and Termination. The parties agree that
these provisions for liquidated damages are not intended to operate as penalties for breach of Contract.
The liquidated damages set forth above are not intended to compensate the Grantee for any damages
other than inconvenience and loss of use or delay in services. The existence or recovery of such
liquidated damages shall not preclude the Grantee from recovering other damages in addition to the
payments made hereunder which the Grantee can document as being attributable to the documented
Sub-recipient failures. In addition to other costs that may be recouped, the Grantee may include costs of
personnel and assets used to coordinate, inspect, and re-inspect items within this Contract as well as
attorney fees if applicable.
The Sub-recipient/Contractor is not responsible for delay in performance caused by hurricanes,
tornadoes, floods, and other severe and unexpected acts of nature. In any such event, the contract price
and schedule shall be equitably adjusted.
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.
Lucy C. Laney Museum of Black History Water Intrusion Remediation Project Page 8
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;
d) Records required to document the acquisition, improvement, use or disposition of real
property acquired or improved with CDBG assistance;
e) Records documenting compliance with the Fair Housing and Equal Opportunity components
of the CDBG program;
f) Financial records as required by 24 CFR 570.502 and 24 CFR 84.21-28; and other records
necessary to document compliance with Subpart K of 24 CFR Part 570.
2. Retention
The Sub-recipient shall retain all financial records, supporting documents, statistical records, and
all other records pertinent to the Agreement for a period of five (5) years. The retention period
begins on the submission date of the Grantee's annual,performance and evaluation report to
HUD, in which the activities assisted under the Agreempnt are reported on for the final time.
Notwithstanding the above, in instances where involvjrig any type of litigation, claims, audits,
negotiations or other actions that involve any of the records cited, which have started before the
expiration of the five-year period, shall be retained until the completion of the actions and
resolution of all issues, or the expiration of the five-year period,whichever occurs later.
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3. Client Data
The Sub-recipient shall maintain client data demonstrating client eligibility for services provided.
Such data shall include, but not be limited to, client name,address, income level or other basis for
determining eligibility, and description of service provided. Such information shall be made
available to Grantee's monitors or their designees for review upon request.
4. Disclosure
The Sub-recipient understands that client information collected under this Agreement is private
and confidential. The use or disclosure of such information,when not directly connected with the
administration of the Grantee's or Sub-recipient's responsibilities with respect to services
provided under this Agreement, is prohibited unless written consent is obtained from such
persons receiving service. In the case of information about a minor, a responsible parent/legal
guardian must provide written consent.
5. Close-outs
The 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 in 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 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).
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2. Indirect Costs
If indirect costs are charged, the Sub-recipient will develop an Indirect Cost Allocation Plan for
determining the Sub-recipient's appropriate share of administrative costs. Sub-recipient shall
submit such plan to the Grantee for approval, by using a form to be specified by the Grantee.
3. Invoicing and Payment Procedures
a) In order to obtain reimbursement from the Grantee in connection with the Project, Sub-
recipient shall provide the following information:
(1) Sub-recipient shall submit Monthly Progress Reports for the Project by using the form
attached hereto as Exhibit "E", detailing accomplishments for the report period and the
number of participants, which will be listed separately according to race, sex and female
head of household. Additionally, for each Program participant, the Sub-recipient shall
complete a Participant Income Eligibility Form by using the form attached hereto as
Exhibit "D" which shall be submitted with Sub-recipient's Monthly Progress Report. The
Monthly Progress Report and Participant Income Eligibility Form must be included with all
requests for payment until all funds have been expended. In the event that all funds are
expended prior to the expiration of the agreement period, reports must continue to be
submitted throughout the twelve-month period of the grant cycle.
(2) The Sub-recipient shall submit time sheets as backup documentation for salary
reimbursement. It is not permissible to self-certify time sheets. In addition, the Sub-
recipient shall submit mileage, if applicable.
(3) Request for reimbursements by Sub-recipient shall have the following attached: invoices,
cancelled checks, receipts or other documentation evidencing funds expended by Sub-
recipient.
(4) The Grantee agrees to reimburse costs allowable under Federal,State and Local laws and
guidelines.
b) Upon receiving the invoices, reports and other material, the Department shall audit such
documentation to determine whether the items invoiced are eligible for reimbursement
under applicable Federal,State and Local laws and regulations.
c) The Department shall authorize the Grantee's Financial Officer to reimburse the Sub-recipient
for all costs it determines are eligible for reimbursement, pursuant to the audit. Payments
will be made on a monthly basis with a 30-day turnaround period by Grantee. Requests for
payments must be received by Grantee not later than the 15th day of each calendar month for
work performed during the preceding calendar month. The Sub-recipient shall not claim
reimbursement from the Grantee for portions of its obligations which have been paid by
another source of revenue.
d) The Grantee will pay the 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.
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4. Progress Reports
The Sub-recipient shall submit Monthly Progress Reports to the Grantee by using the form
attached, Exhibit E, completed as required by the Grantee. Progress reports shall be submitted by
the 15th day of the month following prior quarter 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.
Augusta enforces DBE requirements and/or DBE goals set by Federal and/or State Agencies in
accordance with State and Federal laws. The U.S. District Court for the Southern District of
Georgia has entered an Order enjoining the Race-Based portion of Augusta, Georgia's DBE
Program. (A copy of this Order may be obtained at:
http://www.augustaga.gov/index.aspx?NID=1448). Thus, Augusta, Georgia does not have or
operate a Disadvantaged Business Enterprise (DBE), Minority Business Enterprise (MBE) or
Women owned Business Enterprise (WBE) program for projects (or portions of projects) having
Augusta, Georgia as the source of funding.
2. OMB Standards
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.
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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, less any portion of the value
attributable to expenditures of non-CDBG funds for acquisition of or improvement to the
property. Such payment shall constitute program income to the Grantee. The 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 extent 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
Lucy C. Laney Museum of Black History Water Intrusion Remediation Project Page 13
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
The Sub-recipient agrees to comply with the Non-discrimination in Employment and Contracting
Opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by
Executive Order 13279. The applicable Non-discrimination provisions in Section 109 of the Housing
and Community Development Act also apply.
3. Land Covenants
This Agreement is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P. L. 88-352),
24 CFR 570.601 and 24 CFR 570.602. In regard to the sale, lease, or other transfer of land acquired,
cleared, or improved with assistance provided under this Agreement, the Sub-recipient shall cause or
require a covenant running with the land to be inserted in the deed or lease for such transfer, which
prohibits discrimination as herein defined, in the sale, lease, rental, use, or occupancy of such land,or
in any improvements erected or to be erected thereon. Such covenant shall provide that the Grantee
and the United States are beneficiaries of such covenant and are entitled to enforce such. The Sub-
recipient, in undertaking its obligation to carry out the program assisted hereunder, agrees to take
such measures,as are necessary to enforce such covenant, and agree it will not so discriminate.
4. Section 504
The Sub-recipient agrees to comply with all Federal regulations issued pursuant to compliance with
Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), which prohibits discrimination against
individuals with disabilities or handicaps in any Federally Assisted Program. The Grantee shall provide
the Sub-recipient with all applicable guidelines necessary for compliance with said section throughout
the term of this Agreement.
B. U.S.President Executive Order 11246
1. Approved Plan
The Sub-recipient agrees that pursuant to the Grantee's specification, it shall be committed to carry
out the principles provided in President's Executive Order 11246 of September 24, 1965. The Grantee
shall provide program guidelines to the Sub-recipient to assist in the formulation of such program,
and the Sub-recipient shall submit a plan for approval prior to the award of funds.
2. Women-and Minority-Owned Businesses(W/MBE1(24 CFR 570.610&Part 84 applies)
In accordance with 24 C.F.R. 570.610 and Part 84, the Sub-recipient will use its best efforts to afford
Small Businesses, Minority Business Enterprises and Women's Business Enterprises the maximum
practicable opportunity to participate in the performance of this Agreement. As used in this
Agreement, the terms "Small Business" shall mean a business that meets the criteria set forth in
section 3 (a) of the Small Business Act, as amended (15 U.S. C. 632), and "Minority and Women's
Business Enterprise" shall mean a business at least fifty-one percent (51%) owned and controlled by
minority group members or women. For purposes of this section,the following terms shall be defined
as follows: "minority group members" shall mean African-Americans, Spanish-speaking, Spanish
Lucy C. Laney Museum of Black History Water Intrusion Remediation Project Page 14
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
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.
2. Labor Standards
The Sub-recipient agrees to comply with the requirements of the Secretary of Labor in accordance
with the following: Davis-Bacon Act, as amended; the provisions of Contract Work Hours and Safety
Standards Act (40 U.S.C. 327 et seq.); and all other applicable Federal State and Local laws and
regulations pertaining to labor standards insofar as those acts apply to the performance of this
Agreement. Further, the Sub-recipient agrees to comply with the Copeland Anti-Kick Back Act (18
U.S.C. 8864 et seq.) and its implementing regulations of the U.S. Department of Labor at 29 CFR Part
5. The Sub-recipient shall maintain documentation that demonstrates compliance with the Hour and
Wage requirements of said part. Such documentation shall be made available to the Grantee, upon
request,for review.
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The Sub-recipient agrees that, except with respect to the rehabilitation or construction of residential
property containing less than eight (8) units, all Contractors engaged under contracts in excess of
$2,000.00 for construction, renovation or repair work financed in whole or in part, with assistance
provided under this Agreement, shall comply with Federal requirements adopted by the Grantee
pertaining to such contracts. Further, said contractors shall comply with applicable requirements of
the regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5, and 7,governing the payment
of wages and ratio of apprentices and trainees to journey workers, provided that, if wage rates higher
than those required under the regulations are imposed by State or Local law, nothing hereunder is
intended to relieve the Sub-recipient of its obligation, if any, to require payment of the higher wage.
The Sub-recipient shall cause or require to be inserted provisions meeting the requirements of this
paragraph in all such contracts subject to such regulations.
3. "Section 3"Clause
a) Compliance
Compliance with each of the following shall be a condition of the Federal financial assistance
provided under this Agreement and binding upon the Grantee,Sub-recipient and any of the Sub-
recipient's subcontractors: the provisions of Section 3 of the HUD Act of 1968, as amended, and
as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders
issued hereunder prior to the execution of this Agreement. Failure to fulfill these requirements
shall subject the Grantee, the Sub-recipient and any of the Sub-recipient's subcontractors and
their successors and assigns, to sanctions specified by the agreement through which Federal
assistance is provided. The Sub-recipient certifies and agrees that no contractual or other
disability exists that would prevent compliance with these requirements.
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 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.
Lucy C. Laney Museum of Black History Water Intrusion Remediation Project Page 16
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
The Sub-recipient shall not assign or transfer any interest in this Agreement, without prior written
consent of the Grantee thereto provided. However, claims for money due or to become due to the
Sub-recipient from the Grantee under this Agreement may be assigned to a bank, trust company, or
other financial institution without such approval. Notice of any such assignment or transfer shall be
furnished promptly to the Grantee.
2. Subcontracts
a) Approvals
The Sub-recipient shall not enter into any subcontracts with any agency or individual in the
performance of this Agreement without the prior written consent of the Grantee.
b) Monitoring
The Sub-recipient shall monitor all subcontracted services on a regular basis to assure Agreement
compliance. Results of monitoring efforts shall be summarized in written reports and supported
with documented evidence of follow-up actions taken to correct areas of noncompliance.
c) Content
The Sub-recipient shall cause all of the provisions of this Agreement in its entirety to be included
in and made a part of any subcontract executed in the performance of this Agreement.
d) Selection Process
The Sub-recipient shall undertake to ensure that all subcontracts let in the performance of this
Agreement shall be awarded on a fair and open competition basis in accordance with applicable
procurement requirements. Executed copies of all subcontracts shall be forwarded to the
Grantee, along with documentation concerning the selection process.
E. Hatch Act
The Sub-recipient agrees that no funds provided, nor personnel employed under this Agreement, shall be
in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title
V of the U.S.C.
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F. Conflict of Interest
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 understating 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-ILL, "Disclosure
Form to Report Lobbying,"in accordance with its instructions;and
Lucy C. Laney Museum of Black History Water Intrusion Remediation Project Page 18
3. There shall be language of paragraph (4) of this certification included in the award documents for all
sub-awards at all tiers (including each of the following: subcontracts, sub-grants and Agreements
under grants, loans and cooperative agreements), and that all Sub-recipients shall certify and disclose
accordingly.
4. Lobbying Certification
This certification is a material representation of fact, upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making or
entering into this transaction imposed by Section 1352, Title 31, U.S.C. Any person who fails to file
this required certification shall be subject to a civil penalty of not less than$10,000 and not more than
$100,000 for each such failure.
H. Copyright
If this Agreement results in any copyrightable material or inventions, the Grantee and/or grantor agency
reserves the right to royalty-free,non-exclusive and irrevocable license to reproduce, publish or otherwise
use and to authorize others to use,the work or materials for governmental purposes.
I. Religious Activities
The Sub-recipient agrees that funds provided under this Agreement will not be utilized for inherently
religious activities prohibited by 24 CFR 570.200 (j), to include, but not limited to, worship, religious
instruction,or proselytization.
ARTICLE IX: ENVIRONMENTAL CONDITIONS
A. Air and Water
The Sub-recipient agrees to comply with the following requirements, insofar as they apply to the
performance of this Agreement:
- Clean Air Act,42 U.S.C.,7401,et seq.;
- Federal Water Pollution Act, as amended, 33 U.S.C., 1251 et seq., as amended, 1318 relating to
inspection, monitoring, entry, reports and information, as well as other requirements specified in said
Section 114 and Section 308,and all regulations and guidelines issued thereunder;
- Environmental Protection Agency(EPA)regulations pursuant to 40 CFR Part 50,as amended.
B. Flood Disaster Protection
In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the
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.
Lucy C.Laney Museum of Black History Water Intrusion Remediation Project Page 19
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.
ARTICLE XII: WAIVER
The Grantee's failure to act upon a breach by the Sub-recipient does not waive the Grantee's right to act upon any
subsequent or similar breach of this Agreement by Sub-recipient. The failure of the Grantee to exercise or
enforce any right or provision shall not constitute a waiver of such right or provision as provided for in this
Agreement.
ARTICLE XIII: GOVERNING LAW AND VENUE
The law of the State of Georgia shall govern this Agreement between Grantee and 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 pther 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,
Lucy C. Laney Museum of Black History Water Intrusion Remediation Project Page 20
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 CIRCA), P.L. 99-603, in accordance with
the applicability provisions and deadlines established in O.C.G.A. § 13-10-91 and shall continue to use the federal
authorization program throughout the contract term. All contractors shall further agree that, should it employ or
contract with any subcontractor(s)in connection with the physical performance of services pursuant to its contract
with Augusta, Georgia the contractor will secure from such subcontractor(s)each subcontractor's E-Verify number
as evidence of verification of compliance with O.C.G.A. § 13-10-91 on the subcontractor affidavit provided in
Rule 300-10-01-.08 or a substantially similar form. All contractors shall further agree to maintain records of such
compliance and provide a copy of each such verification to Augusta, Georgia at the time the subcontractor(s) is
retained to perform such physical services
[SIGNATURES ON THE FOLLOWING PAGE]
Lucy C.Laney Museum of Black History Water Intrusion Remediation Project Page 21
ARTICLE XVII. COUNTERPARTS
This Agreement is executed in two (2) counterparts-each of which shall be deemed an original and
together shall constitute one and the same Agreement with one counterpart being delivered to each
party hereto.
IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first written
above:
ñATTEST: AUGUSTA, GEORGIA
By: Date:
Hardie Davis,Jr
As Its Mayor
By: 4104Lt II ' 'Al!!
DiceAllenDate: ( /'/V(.A
Jackson
s Administrator
By eh.it__ ��
_0- Date: $ I 1D I)b
awthorne Welche
As Its Director,AHCD 0
As Approved to Form:
By: A nieV' ..."' ii
trAfit i, ,,,,..„,,,,kt,tvi
Andrew G.Mackenzie , 4. % A D e: /til /����`P
General Counsel 1' e° m t.
‘ kfli f ,,*-t:4:- ':‘,) \-; fl i
r
ATTEST: IA 6 �.., /4', 1
�- . •/4 . 9°
4,f :onn r !(
Cly "*46040 1
7 f it1
: ount's Com•lete Horn :rv '
( / i
`'(Contractor)
By: A , rit.._ Date:
•ntra tor
By: Date:
Witness
Lucy C. Laney Museum of Black History Water Intrusion Remediation Project Page 22
EXHIBIT"A"
SCOPE OF SERVICES AND TIMETABLE
The Contractor will be responsible for the completion of work as associated with the architectural and
engineering plans and specifications in a manner satisfactory to the Grantee,according to and consistent with any
standards required as a condition of providing these funds. Such project will include the following activities
eligible under the Community Development Block Grant Program:
I. SCOPE OF SERVICES
A. Project Description—
Remediation of Asbestos, interior demolition, concrete pit and demo for sump pump. New door,
frame and hardware, interior waterproofing,slab vapor/alkalinity control,VCT and paint.
Mold found on basement ceiling will be covered under this agreement. Project description reference
must be from the AHCDD Work Write-up and Exhibit 1 Architectural plans and specifications from
architects Johnson, Lashober and Associates.
B. General Administration
Contactor will be responsible for construction,Johnson, Lashober&Associates and Augusta Housing
&Community Development Department staff will oversee the project.
C. 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
D. 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. 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
Housing and Urban Development Department.
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 , 2016 and end , 2016. 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.
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III. BUDGET
Line Item Amount
Water Intrusion Remediation $85,000.00
TOTAL $85,000.00
Any amendments to the budget must be in writing and approved, in writing, by the Grantee's Director of Housing
and Community Development Department.
III. PAYMENT
It is expressly agreed upon and understood that the total amount to be paid by the Grantee under this
Agreement shall not exceed$85,000.00. Drawdowns 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.
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. Voucher System-All supporting documentation, including, but not limited to, purchase order,
invoices, receiving reports,and requisitions.
b. Books of Original Entry-Cash receipts, disbursements journal, and general ledger.
c. Chart of Accounts-Listing of accounts must be maintained in an accounting system.
d. Personnel Records-Separate personnel files shall be maintained for each project employee. At a
minimum, the file shall contain the following: (i) a resume of the employee, (ii) a description of
duties assigned, (iii)a record of the date employed, (iv) rate of pay at the time of employment, (v)
subsequent pay adjustments,and (vi)documentation supporting leave taken by the employee.
e. Attendance Record - Attendance records shall be maintained for all personnel paid with CDBG
funds. This shall apply to part-time and full-time personnel. In addition to accounting for daily
attendance, the type of leave taken (i.e. annual, sick, or other), shall be disclosed and
documented. Daily attendance records must support budgetary changes for payroll purposes.
f. Payroll Records - Formal payroll records supporting cash disbursements to employees shall be
maintained. Such records shall disclose the following information for each employee: (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
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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.
Purchasing Practices - HUD considers State-purchasing regulations to be an 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 to conform to the more restrictive practices and procedures. It is recommended that
Sub-recipient use a formal prenumbered 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 held at the end of the fiscal year.
2. All projects 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 for Sub-recipient:
REPORT DUE DATE PERIOD COVERED
Monthly Progress Report 15th day of each month (Jan.—Dec.) For Prior Months'Activities
Annual Performance Report January 15th after year of grant period Grant Period (Jan 1—Dec 31)
Audit or Financial Statement 30 days after receipt of Audit Report Sub-recipient's audit period
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