HomeMy WebLinkAboutAGREEMENT BETWEEEN AUGUSTA, GEORGIA AND ECONOMIC OPPORTUNITY AUTHORITY, INC. 2015 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND AGREEMENT AMENDMENT REQUEST AGREEMENT BETWEEN AUGUSTA,GEORGIA
AND
ECONOMIC OPPORTUNITY AUTHORITY,INC.
2015 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
This Agreement is made and entered into this 1S' day of January, 2015, 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 Economic Opportunity
Authority, 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 (PJ) Consolidated Plan (see definition of
"Consolidated Plan"). It includes the PJ's annual application for CDBG, HOME, HOPWA and ESG funding.
Business Concern
Means businesses that can provide evidence that they meet one of the following:
a) 51 percent or more owned by Section 3 residents; or
b) At least 30 percent of its full time employees include persons that are currently Section 3 residents,
or within three years of the date of first employment with the business concern were Section 3
residents.
c) Provides evidence, as required, of a commitment to subcontract in excess of 25 percent of the dollar
award of all subcontracts to be awarded to business concerns that meet the qualifications in the above
two paragraphs.
Consolidated Plan
A document written by a State or local government describing the housing needs of the low- and
moderate-income residents, outlining strategies to meet the needs and listing all resources available to
implement the strategies. This document is required to receive HUD Community Planning and
Development funds.
2015 CDBG AGREEMENT (EOA) Page 1
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.
2015 CDBG AGREEMENT (EOA) Page 2
Low and Moderate Income Person
The term "Low and Moderate Income Person" shall mean a member of a family having a total income
equal to or less than the U.S. Department of Housing and Urban Development(HUD) established Section
8 low income limit. This limit has been set as 80% of Area Median Income. Individuals not related by
birth or by marriage will be considered as one-person families for this purpose.
Participating Jurisdiction
The term given to any State or local government that HUD has designated to administer a CDBG
Program. HUD designation as a PJ occurs if a State or local government meets the funding thresholds,
notifies HUD that it intends to participate in the program, and obtains approval by HUD of a
Consolidated Plan.
Personal Property
Property of any kind except real property. It may be tangible, having physical existence, or intangible,
having no physical existence,such as copyrights, patents, or securities.
Project
The term "Project" shall mean the objective established for the expenditure of CDBG funds as set forth
in Article III hereto entitled "Scope of Services and Timetable."
Small Business
Means a business that meets the criteria set forth in Section 3 (a) of the Small Business Act, as amended
(15 U.S. C. 632),and "Minority and Women's Business Enterprise" shall mean a business at least fifty-one
percent (51%) percent owned and controlled by minority group members or women. For the purposes
of this definition section, the following terms shall be defined as follows: "minority group members"
shall mean are African-Americans, Spanish-speaking, Spanish surnamed or Spanish-heritage Americans,
Asian-Americans and American Indians. The Sub-recipient may rely on written representations by
businesses regarding their status as Minority and Women Business Enterprises.
Sub-recipient
A public agency or nonprofit organization selected by a participating jurisdiction to administer all or a
portion of the participating jurisdiction's CDBG Program.A public agency or nonprofit organization that
receives CDBG funds solely as a developer or owner of housing is not a Sub-recipient.
U.S.C.
United States Code, "the codification by subject matter of the general and permanent laws of the United
States,"
ARTICLE II: PREAMBLE
In order to establish the background, context and frame of reference for this Agreement and to manifest
the objectives and the intentions of the respective parties herein, the following statements,
representations and explanations are set forth. Such statements, representations and explanations shall
be accepted as conditions precedent for the undertakings and commitments included within the
following provisions. These statements, representations, and explanations may be relied upon by the
parties as essential elements of the mutual considerations upon which this Agreement is based.
2015 CDBG AGREEMENT(EOA) Page 3
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.
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 reimburse the Sub-recipient in an amount not to exceed Twenty Four Thousand
Four Hundred Eighty-three Dollars and zero cents ($24,483.00) (hereinafter the "Grant") to implement
the following project(s): Program.
Sub-recipient will provide permanent supportive housing for homeless families and individuals with a
documented disability.
Said project 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
2015 CDBG AGREEMENT (EOA) Page 4
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: Economic Opportunity Authority, Inc.
Attention: Lola W.Johnson, Executive Director
1261 Greene Street
Augusta, Georgia 30901
Email: Ijohnson@csraeoa.org
ARTICLE V: GENERAL CONDITIONS
A. General Compliance
The Sub-recipient agrees to comply with the requirements of Title 24 of the Code of Federal
Regulations, Part 570 [the U. S. Housing and Urban Development regulations concerning
Community Development Block Grants (CDBG)] including subpart K of these regulations, except
that (1) the Sub-recipient does not assume the Grantee's environmental responsibilities and (2)
the Sub-recipient does not assume the Grantee's responsibility for initiating the review process.
The Sub-recipient also agrees to comply with all other applicable Federal, state and local laws,
regulations, and policies governing the funds provided under this Agreement. The Sub-recipient
further agrees to utilize funds available under this Agreement to supplement rather than
supplant funds otherwise available.
B. Independent Contractor
Nothing in this Agreement is intended to, or shall be construed in any manner, as creating or
establishing the relationship of employer/employee between the parties. The Sub-recipient
shall at all times remain an "Independent Contractor" with respect to the services to be
performed under this Agreement. The Grantee shall be exempt from payment of all
Unemployment Compensation; FICA; Retirement; Life and/or Medical insurance; and Workers'
Compensation Insurance, because the Sub-recipient is an Independent Contractor.
2015 CDBG AGREEMENT(EOA) Page 5
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.
E. Professional Liability Insurance—
2015 CDBG AGREEMENT (EOA) Page 6
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.to label all assets purchased with CDBG funds as property of Augusta, Georgia,and
c. insertion of HUD and Augusta, Georgia logo on all publications relating to program funded
with CDBG funds.
H. Amendments
1. The Grantee or Sub-recipient may amend this Agreement at any time provided that such
amendments make specific reference to this Agreement; are executed in writing, signed by a
duly authorized representative of each organization; and approved by the Grantee's governing
body. Such amendments shall not cancel or invalidate this Agreement, nor relieve or release the
Grantee or Sub-recipient from its obligations under this Agreement.
2. Further it is understood that the Grantee is responsible to HUD for the administration of
funds, Grantee may consider and act upon reprogramming recommendations as proposed by its
Sub-recipient. In the event that the Grantee approves any modification, amendment, or
alteration to the funding allocation, the Sub-recipient shall be notified pursuant to Article V and
such notification shall constitute an official amendment to this Agreement.
3. The Sub-recipient shall submit to the Grantee within thirty (30) days of the completion
of each Project a complete financial accounting of all its project activities.
4. The Department's Director shall be authorized to approve line item changes to the Sub-
recipient's budget provided that such changes do not increase in the grant amount set forth in
the Project's overall Budget.
5. The Grantee may, in its discretion, amend this Agreement to conform with Federal, state
or local governmental guidelines, policies and available funding amounts, or for other reasons,
as it deems necessary. If such amendments result in a change (i) in the funding, (ii)the scope of
2015 CDBG AGREEMENT (EOA) Page 7
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 HCD Director. No amendment will be
granted to extend the agreement beyond the established end date of the grant period.
I. Suspension or Termination
1. 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 to pay as liquidated damages
to the Grantee the sum of $100.00 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.
2015 CDBG AGREEMENT (EOA) Page 8
Disclaimer: For the purposes of the Community Block Grant Program, any Public Service
functions/organizations are not bound by any language pertaining to construction related issues/topics.
ARTICLE VI: ADMINISTRATIVE REQUIREMENTS
A. Financial Management
1. Accounting Standards
The Sub-recipient agrees to comply with 24 CFR 84.21-28; Sub-recipient shall (i) adhere
to the accounting principles and procedures required therein, (ii) utilize adequate
internal controls, and (iii) maintain necessary source documentation for all costs
incurred.
2. Cost Principles
The Sub-recipient shall administer its program in conformance with OMB Circulars A-
122, "Cost Principles for Non-Profit Organizations," or A-21, "Cost Principles for
Educational Institutions," as applicable. These principles shall be applied for all costs
incurred whether charged on a direct or indirect basis.
a) Sub-recipient gives the Grantee, HUD, and the Comptroller General, through any
authorized representatives, access to and the right to examine all records, books, papers, or
documents relating to the Project.
b) Sub-recipient agrees to maintain books, records, and documents in accordance with
general accepted accounting procedures and practices that sufficiently and properly reflect all
expenditures of Grant funds provided by the Grantee under this Agreement
c) All Grant funds disbursed through a Community Development Block Grant shall be used
only for eligible activities specifically outlined in this Agreement. The Sub-recipient shall comply
with any conditions and timetables set forth in this Agreement. In the event (i)the Sub-recipient
does not comply with the conditions and/or timetables; (ii) the Sub-recipient ceases to exist; or
(iii) Sub-recipient ceases to provide the services for which the Grant was made,the Sub-recipient
shall be in default. If the Sub-recipient is deemed to be in default, the Sub-recipient will not be
authorized to carry out another CDBG eligible project. In the event of default, the Grantee may
exercise any rights or remedies provided in this Agreement.
B. Documentation and Record keeping
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:
2015 CDBG AGREEMENT (EOA) Page 9
a) Records providing a full description of each activity undertaken;
Records demonstrating that each activity undertaken meets one of the National
Objectives of the CDBG program;
b) Records required to determine the eligibility of activities;
c) Records required to document the acquisition, improvement, use or disposition of real
property acquired or improved with CDBG assistance;
d) Records documenting compliance with the Fair Housing and Equal Opportunity
components of the CDBG program;
e) 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
Agreement are reported on for the final time. Notwithstanding the above, in instances
where involving any type of litigation, claims, audits, negotiations or other actions that
involve any of the records cited, which have started before the expiration of the five-
year period, shall be retained until the completion of the actions and resolution of all
issues,or the expiration of the five-year period,whichever occurs later.
3. Client Data
The 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.
Additionally, Sub-recipients providing services to homeless persons, or persons at risk
of homelessness, participation in the local HMIS in accordance with the policies
established by the local Continuum of Care is mandated as a condition of compliance
with this agreement.
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.
Additionally, Sub-recipients providing services to homeless persons, or persons at risk
of homelessness, as part of their participation in the local HMIS, agree to adhere to
2015 CDBG AGREEMENT (EOA) Page 10
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 all closeout
requirements are completed. Activities during the closeout period shall include, but are
not limited to: making final payments and disposing of program assets. Notwithstanding
the foregoing, the terms of this Agreement shall remain in effect during any period that
the Sub-recipient has control over CDBG funds, including program income.
Any Grant funds remaining at the end of the Agreement period shall be returned to the
Grantee, and the Grantee may at its discretion reprogram the funds to another CDBG
eligible project.
6. Audits and Inspections
All Sub-recipient records with respect to any matters covered by this Agreement shall be
made available to the Grantee, HUD, and the Comptroller General of the United States
or any of their authorized representatives, at any time during normal business hours, as
often as deemed necessary, to audit, examine, and make excerpts or transcripts of all
relevant data. Any deficiencies noted in audit reports must be fully explained and
corrected by the Sub-recipient within 30 days after receipt by the Sub-recipient. Failure
of the Sub-recipient to comply with the above audit requirements will constitute a
violation of this Agreement and may result in the withholding of future payments. The
Sub-recipient hereby agrees to have an annual agency audit conducted in accordance
with current Grantee policy concerning Sub-recipient audits and OMB Circular A-133, if
applicable. If Sub-recipient does not expend $500,000 in Federal funds within the fiscal
year,then a financial statement shall be submitted to Grantee.
C. Reporting and Payment Procedures
1. Program Income
The Sub-recipient shall provide "monthly" reports on all program income [as defined at
24 CFR 570.500 (a)] generated by activities carried out with CDBG funds made available
under this Agreement. The use of program income by the Sub-recipient shall comply
with the requirements set forth at 24 CFR 570.504. By way of further limitations, the
Sub-recipient may use such income during the Agreement period for activities permitted
under this Agreement, and shall reduce requests for additional funds by the amount of
any program income balances on hand. All unexpended program income shall be
returned to the Grantee at the end of the Agreement period. Any interest earned on
cash advances from the U. S.Treasury and from funds held in a revolving fund account is
not program income and shall be remitted promptly to the Grantee.
Program income anticipated to be generated from the use of CDBG funds for this project
is approximately Zero Dollars ($0).
2015 CDBG AGREEMENT(EOA) Page 11
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 utilize the Income
Eligibility Calculation Worksheet to assess the participants' income eligibility which can be found
at www.HUDExchange.info which shall be submitted with Sub-recipient's Monthly Progress
Report. The Monthly Progress Report and the Income Eligibility Calculation Worksheet 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 signed time sheets and bank draft as backup
documentation for salary reimbursement. It is not permissible to self-certify timesheets. In
addition,the Sub-recipient shall submit mileage, if applicable.
(3) Request for reimbursements by Sub-recipient shall have the following attached: invoices,
canceled 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.
2015 CDBG AGREEMENT (EOA) Page 12
e) The terms of this agreement supersede any and all provisions of the Georgia Prompt Pay
Act.
4. Progress Reports
The Sub-recipient shall submit Monthly Progress Reports to the Grantee by using the
form attached (Exhibit E) as required by the Grantee. Progress reports shall be
submitted by the 15th day of the month following prior month activities.
5. Annual Reports
The Sub-recipient shall submit an Annual Performance Report to the Grantee by using
the form Exhibit F; complete content as required by the Grantee. The Annual
Performance Report shall be submitted to Grantee by January 15 of the year following
the grant period.
D. Procurement
1. Compliance
The Sub-recipient shall comply with current Grantee's policy concerning the purchase of
equipment. Sub-recipient shall maintain inventory records of all non-expendable
personal property, as defined by such policy that may be procured with funds provided
herein. Personal property means property of any kind except Real Property. All program
assets (unexpended program income and/or property) shall revert to the Grantee upon
termination of this Agreement.
a) All procurement transactions, regardless of dollar amount, whether negotiated or advertised,
shall be conducted in a manner consistent with the Cost Principles for Non-Profit Organizations, OMB
Circular A-110"Procurement Standards",which provides maximum open free competition.
b) To the extent that the pricing provided by the Sub-recipient/Contractor is erroneous and
defective,the parties may, by agreement,correct pricing errors to reflect the intent of the parties.
c) Sub-recipient shall make positive efforts to utilize small business and minority owned business
sources, as well as women-owned businesses, for supplies and services, as required by Federal
guidelines.
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
2015 CDBG AGREEMENT (EOA) Page 13
Enterprise (MBE) or Women owned Business Enterprise (WBE) program for projects (or
portions of projects) having Augusta, Georgia as the source of funding.
2. OMB Standards
Unless specified otherwise within this agreement, the Sub-recipient shall procure all
materials, property,or services in accordance with the requirements of 24 CFR 84.40-48.
3. Travel
The Sub-recipient shall obtain written approval from the Grantee for any travel outside
the metropolitan area with funds provided under this Agreement.
E. Use and Reversion of Assets
The use and disposition of real property and equipment under this Agreement shall be in
compliance with the requirements of 24 CFR Part 84 and 24 CFR 570.502, 570.503, and
570.504, as applicable,which include but are not limited to the following:
1. The Sub-recipient shall transfer to the Grantee any CDBG funds on hand, and any
accounts receivable attributable to the use of the funds under this Agreement at the time of
expiration, cancellation,or termination.
2. Real property under the Sub-recipient's control which was acquired or improved, in
whole or in part,with the funds under this Agreement in excess of$25,000 shall be used to meet
one of the CDBG National Objectives pursuant to 24 CFR 570.208 until five (5) years after
expiration of this Agreement, or such longer period of time as the Grantee deems appropriate.
3. If the Sub-recipient fails to use CDBG-assisted real property in a manner that meets a
CDBG National Objective for the prescribed period of time, the Sub-recipient shall pay the
Grantee an amount equal to the current fair market value of the property, 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 to
that funds received under this Agreement were used to acquire the equipment). Equipment not
needed by the Sub-recipient for activities under this Agreement shall be:
a) Transferred to the Grantee for the CDBG program,or
b) Retained after compensating the Grantee for an amount equal to the current
fair market of the equipment.
2015 CDBG AGREEMENT (EOA) Page 14
ARTICLE VII: RELOCATION REAL PROPERTY ACQUISITION AND ONE-FOR-ONE HOUSING
REPLACEMENT
The Sub-recipient agrees to comply with each of the following (i) the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970, as amended (URA), and implementing regulations at 49
CFR Part 24 and 24 CFR 570.606 (b); (ii)the requirements of 24 CFR 570.606 (c)governing the Residential
Anti-Displacement and Relocation Assistance Plan under section 104(d) of the HCD Act; and (iii) the
requirements in 24 CFR 570.606 (d) governing optional relocation policies. (The Grantee shall have the
authority to preempt the optional policies.) The Sub-recipient shall provide relocation assistance to
displaced persons as defined by 24 CFR 570.606 (b)(2) that are displaced as a direct result of acquisition,
rehabilitation, demolition or conversion for a CDBG-assisted project. The Sub-recipient also agrees to
comply with applicable Grantee ordinances, resolutions, and policies concerning the displacement of
persons from their residences.
ARTICLE VIII: PERSONNEL&PARTICIPANT CONDITIONS
A. Civil Rights
1. Compliance
a) The Sub-recipient agrees to comply with the following: Title VI of the Civil Rights Act of
1964 as amended; Title VII of the Civil Rights Act of 1968 as amended; Section 104(b) and
Section 109 of Title I of the Housing and Community Development Act of 1974 as amended;
Section 504 of the Rehabilitation Act of 1973; the Americans with Disabilities Act of 1990; the
Age Discrimination Act of 1975; Executive Order 11063; and Executive Order 11246, as amended
by Executive Orders 11375, 11478, 12107,and 12086.
b) In compliance with Executive Order 11246 and Section 3 of the 1968 Housing and Urban
Development Act regarding Equal Employment Opportunity, the Sub-recipient agrees and
understands that no person shall be discriminated against on the grounds of race, color, national
origin, age, familial status, handicap, or sex. Further, the Sub-recipient understands and agrees
that it will immediately take any measures necessary to effectuate this policy. For the benefit of
interested parties, all subcontractors will be notified of the policy provisions. Notice of the
policy will be placed in plain sight at the Project location.
2. Nondiscrimination
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
2015 CDBG AGREEMENT (EOA) Page 15
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/MBE) (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 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.
2015 CDBG AGREEMENT (EOA) Page 16
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.
2015 CDBG AGREEMENT(EOA) Page 17
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 and: 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
2015 CDBG AGREEMENT (EOA) Page 18
income participants in other HUD programs. Sub-recipient further agrees, where
feasible to award contracts for work undertaken in connection with a Housing
Rehabilitation (including reduction and abatement of lead-based paint hazards), Housing
Construction, or other Public Construction Project to business concerns that provide
economic opportunities for low and very low income persons residing within the
metropolitan area in which the CDBG-funded project is located. Where feasible, priority
should be given to business concerns that provide economic opportunities to low and
very low income residents within the service area or the neighborhood in which the
project is located and to low and very low income participants in other HUD programs.
The Sub-recipient certifies and agrees that no contractual or other legal incapacity exists
that would prevent compliance with these requirements.
b) Notifications
The Sub-recipient agrees to send a Notice to each labor organization or representative of
workers with which it has a collective bargaining agreement, other agreement and/or
understanding, if any, advising said labor organization or worker's representative of its
commitments under this Section 3 clause, and shall post copies of the notice in
conspicuous places available to employees and applicants for employment or training.
c) Subcontracts
The Sub-recipient will include this Section 3 clause in every subcontract and will take
appropriate action in accordance with the subcontract, upon a finding that the
subcontractor is in violation of regulations issued by the grantor agency. The Sub-
recipient will not enter into any subcontract with any entity that it has notice or
knowledge that the subcontractor (the latter) has been found to be in violation of
regulations under 24 CFR Part 135, nor will not let any subcontract, unless and until, the
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.
2015 CDBG AGREEMENT (EOA) Page 19
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.
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)
2015 CDBG AGREEMENT (EOA) Page 20
year thereafter. For purposes of this paragraph, a "covered person" includes any person who is
an employee, agent, consultant, officer, or elected or appointed official of the Grantee, the Sub-
recipient,or any designated public agency.
4. The Sub-recipient/Contractor warrants that no person or selling agency has been
employed or retained to solicit or secure this Agreement upon an agreement or understanding
for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or
bon fide established commercial or selling agencies maintained by the Sub-recipient or
Contractor for the purpose of securing business and that the Sub-recipient or Contractor has not
received any non-CITY fee related to this Agreement without the prior written consent of the
CITY. For breach or violation of this warranty, the City shall have the right to annul this
Agreement without liability or at its discretion to deduct from the Agreement Price of
consideration the full amount of such commission percentage, brokerage or contingent fee.
G. Lobbying
The Sub-recipient hereby certifies that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to
any person for influencing or attempting to influence any of the following persons: (i) an officer
or employee of any agency, (ii) a Member of Congress, (iii) an officer or employee of Congress,
or an employee of a Member of Congress in connection with the awarding of any of the
following: (a) Federal contract, (b) the making of any Federal grant, (c) the making of any Federal
loan, the entering into of any cooperative agreement, and (d) the extension, continuation,
renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative
agreement;
2. If any funds other than Federal appropriated funds have been paid or will be paid to any
person for the purpose of influencing or attempting to influence any of the following persons: (i)
an officer or employee of any agency, (ii) a Member of Congress, (iii) an officer or (iv) employee
of Congress, or an employee of a Member of Congress in connection with this Federal contract,
grant, loan, or cooperative agreement, there shall be completed and submitted a Standard
Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and
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.
2015 CDBG AGREEMENT (EOA) Page 21
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.
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
2015 CDBG AGREEMENT (EOA) Page 22
on the amount of Federal funds applied to a property, the following may be conducted: paint
testing, risk assessment,treatment and/or abatement.
D. Historic Preservation
The Sub-recipient agrees to comply with the Historic Preservation requirements as set forth in
the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), and the procedures
set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection
of Historic Properties, insofar as they apply to the performance of this agreement.
In general, this requires concurrence from the State Historic Preservation Officer for all
rehabilitation and demolition of historic properties that are fifty years (50) old or older, or that
are included on a Federal,state or local historic property list.
ARTICLE X: SEVERABILITY
If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be
affected thereby, and all other parts of this Agreement shall nevertheless remain in full force and
effect.
ARTICLE XI: SECTION HEADINGS AND SUBHEADINGS
The section headings and subheadings contained in this Agreement are included only for convenience
and shall not limit or otherwise effect the terms of this Agreement.
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.
2015 CDBG AGREEMENT (EOA) Page 23
ARTICLE XV: SUB-RECIPIENT ACKNOWLEDGEMENT
"Sub-recipient acknowledges that this contract and any changes to it by amendment, modification,
change order or other similar document may have required or may require the legislative
authorization of the Board of Commissioners and approval of the Mayor. Under Georgia law, Sub-
recipient is deemed to possess knowledge concerning Augusta, Georgia's ability to assume contractual
obligations and the consequences of Sub-recipient's provision of goods or services to Augusta, Georgia
under an unauthorized contract, amendment, modification, change order or other similar document,
including the possibility that the Sub-recipient may be precluded from recovering payment for such
unauthorized goods or services. Accordingly, Sub-recipient agrees that if it provides goods or services
to Augusta, Georgia under a contract that has not received proper legislative authorization or if the
Sub-recipient providesgoods or services to Augusta, Georgia in excess of the contractually authorized
goods or services, as required by Augusta, Georgia's Charter and Code, Augusta, Georgia may
withhold paymentfor 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 remediesat 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 equivalentfederal work authorization program operated by the United States
Department of Homeland Security to verify information of newly hired employees, pursuant to the
Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, in accordance with the applicability
provisions and deadlines established in 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]
2015 CDBG AGREEMENT (EOA) Page 24 -
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.
ATTEST: AUGUSTA GEORGIA
Grantee)
44.4`e _ —1 v�- ' lJo
By: Date:
Hardie Davis,Jr.
As Its May.
'I 0
By: _ ` - .0 J� Date: q - J
0 JJ.ckson
As Itsanice AdAllen-inistrator
BY. _[0 _ . Date: g 23 ) L
14 thorne Welte c Director
Housing&Community D- opment Department
Approved As To Form By: A:/ N� Date: //d`
Andrew G. M <enzie A
,_.; General Counsel , .4,.
S Y'
A , / /4/1t,.' -
i g ,�
f sa fr a J,.aprI er« jm
{ ‘i rkYof mmisjon$
.1.'.@3R4i�`AN ier'
ATTEST: r' Econ ppAtUn"it 'thority, Inc.
i' i ent
i
4.
BY G Date: i /l /
A its cutive Dir tor
L
By: Date: ///,_,/0
As its Corporat ecretary
By/ p • I 4 / Date: ///3//4'
Witness
SEAL
2015 CDBG AGREEMENT (EOA) Page 25
EXHIBIT"A"
SCOPE OF SERVICES AND TIMETABLE
The Economic Opportunity Authority, Inc. will be responsible for administering the Shelter Plus Care
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:
SCOPE OF SERVICES
A. Activities
Provide case management, access to health care along with main stream services and housing to
the individuals/families who reside in these scattered sites.
Program Delivery
Sub-recipient will provide Shelter Plus Care services to its residents. The project will operate
from the following four (4) sites: 2829 Brentway Drive, 2807 Cimarron Way, 2810 Virginia Road
and 2431 Southgate Drive in Augusta, GA. All four housing units are for homeless families and
individuals with a documented disability. The hours of operation are Monday- Friday, 8:30 AM -
5:00 PM with 24-Hour Access to a case manager.
General Administration
The Board of Directors manages the Sub-recipient; The Executive Director manages the agency,
finance, and programs;Volunteers support the agency and clients.
B. National Objectives
The Sub-recipient certifies that the activity/activities carried out under this Agreement will meet
the National Objective to benefit low and moderate income persons
LOW MOD LIMITED CLIENTELE
Sub-recipient will meet the requirements provided for in the regulations by requiring
information on family size and income. This information will be used to ensure that clients are
low to moderate income.
C. LEVELS OF ACCOMPLISHMENT—Goals and Performance Measures
The Sub-recipient agrees to provide the following levels of program services:
Activity Clients per Month Total Clients/Year
On-site supportive services to 14 19
maintain permanent housing.
2015 CDBG AGREEMENT (EOA) Page 26
D. St_ affine
Maria Beard—37.5 hours per week—Provide case management services for all Shelter Plus Care
participants and over site for all of the Shelter Plus Care units.
E. Performance Monitoring
The Sub-recipient agrees that the Department may carry out periodic monitoring activities, as
determined necessary by the Department. At a minimum, monitoring shall occur annually, but it
may occur more frequently if the Department deems it necessary. The Department will provide
the Sub-recipient advance written notice prior to any monitoring activities. Such monitoring
shall consist of (i) evaluating the Sub-recipient's compliance with the terms and conditions of
this Agreement, and (ii) comparing the Sub-recipient's projected Project schedule, budget, and
output with its actual performance. For Sub-recipients providing services to homeless persons
or persons at risk of homelessness, participation in the local HMIS will be monitored in
accordance with the policies established by the local Continuum of Care. Upon request, the
Sub-recipient shall furnish the Department, the Grantee, or its designee copies of such records
and information, as the Department or the Grantee deems necessary. In addition, the Sub-
recipient shall submit monthly progress reports, as required by this Agreement, and shall
prepare other such reports as may be required by the Department,the Grantee,and/or HUD.
The Grantee will monitor the performance of the Sub-recipient in accordance with the goals and
performance standards as stated above. Substandard performance as determined by the
Grantee will constitute noncompliance with this Agreement. If Sub-recipient does not take
corrective action to address such substandard performance within a reasonable period of time
after being notified by the Grantee, Agreement suspension or termination procedures will be
initiated.
II. TIME OF PERFORMANCE
Services of the Sub-recipient shall start on January 1, 2015 and end December 31, 2015. 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.
III. BUDGET
Line item Amount
Materials/Supplies(Roofing, Painting, Cabinets, Fascia Board, Lighting,
Flooring, Decking) $24,483.00
Total $24,483.00
Any amendments to the budget must be in writing and approved, in writing, by the Grantee's
Director of Housing and Community Development Department.
2015 CDBG AGREEMENT (EOA) Page 27
IV. PAYMENT
It is expressly agreed and understood that the total amount to be paid by the Grantee under this
Agreement shall not exceed Twenty Four Thousand, Four Hundred Eighty-three Dollars and zero cents
($24,483.00). 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.
2015 CDBG AGREEMENT (EOA) Page 28
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
employees: (i) name, (ii) job title, (iii) social security number, (iv) date hired, (v) rate of
pay, and (vi) all required deductions for tax purposes. Timely quarterly payment of
taxes, which are withheld from employees for the Federal Government, and required
matching costs, shall be documented in payroll records. In addition, all charges for
payroll purposes shall be made and documented in accordance with the budget
submitted to the Grantee.
g. Checking Accounts- Monthly bank reconciliation shall be conducted by Sub-recipient. All
checks, including voided checks, stubs, etc. shall be pre-numbered 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
2015 CDBG AGREEMENT(EOA) Page 29
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 pre-numbered 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 project accounting records and supporting documents shall be maintained for a period of at
Ieast 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
REPORT DUE DATE PERIOD COVERED
Monthly Progress Report 15th day of each month (Jan.—Dec.) For Prior Months'Activities
Annual Performance Report January 15, after year of grant Grant Period (Jan 1—Dec 31)
period
Audit or Financial Statement 30 days after receipt of Audit Sub-recipient's audit period
Report
2015 CDBG AGREEMENT (EGA) Page 30
ATTACHMENTS:
Regulations, Circulars& Local Procurement Policy
1. Community Development Block Grant Entitlement Program 24 CFR 570
2. OMB Circular A-122
"Cost Principles for Non-Profit Organizations"
3. OMB Circular A-110(Part 84)—Uniform Administrative Requirements
"Grants and Agreements with Institutions of Higher Education, Hospitals, &Other Non-
Profit Organizations"
4. OMB Circular A-133, "Audits of Institutions of Higher Education and Other Non-Profit
Institutions"
5. The Augusta, Georgia Procurement Code is available on the Augusta, Georgia website,
www.augustaga.gov. All Sub-recipients shall be responsible for reviewing and/or
obtaining a copy of such Code. Sub-recipients should contact the Augusta, Georgia
Housing and Community Development Department with any questions and/or concerns
regarding the Procurement Code.
6. Executive Orders
Forms
1. Reimbursement Request
2. Reimbursement Checklist
3. Reimbursement Itemization
4. Income Eligibility Calculation Worksheet"Exhibit D"
5. Monthly Progress Report"Exhibit E"
6. Annual Performance Report "Exhibit F"
7. FY 2015 Income Limits
8. Time Sheet(Use if applicable)
9. Bid Tabulation (Use if applicable)
10. Quote Tabulation (Use if applicable)
11. Travel Log(Use if applicable)
12. Inventory Form (Use if applicable)
2015 CDBG AGREEMENT(EOA) Page 31
AGREEMENT AMENDMENT REQUEST
Sub-recipient:
TO BE COMPLETED BY AGENCY:
1. Type of Revision(check below-V):
X Budget Amendment ❑ Performance Measures RI-Duration of Agreement
2. Explain Need for Amending Agreement: Due to the non-renewal of our HUD 2015
CoC Shelter Plus Care Program, we are asking to move these funds from housing repairs to
rent/utilities to allow us to continue the operation of our Shelter Plus Care Program, as we seek
other funding sources.
3. For Budget Amendments, provide a Specific and Detailed Explanation for the
Budget Amendment. Generic and Broad Statements will not be accepted.
Current Amount Budget Changes. New Proposed Budget
Budget Categories +r.or'- Amounts
Rent/Utilities $24,483 $0 $24,483
TOTAL $24,483 $0 $24,483
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.
ATTEST: AUGUSTA,GEORGIA
(Grantee)
Apppved as to Form By (please initial here):
Andrew Ma enz'e,as its General Counsel Mayor Hardie Davis,Jr.,as its Mayor
,%%/%t d /r
Date: ,� ,i{1 6 Date:
lk1di_
13 iIan,41i
_� Al By' •.C�% _
fan A len :ckso asits •P iiis' Ha ie Welcher,kir its 1 Director
'?': DI
q
r DIi'-K . ti'''
Date: q 12,3 3 I(®
�� °",00 i °��� t?�lb Affix Seal Here:
B� .� 4 J;�1.l'` ,�`
Le, other s.JJlerk° f CQ .•1 sion
0.r a ,;y L',4 e ® 1
o '—`4
X61 C % •2596 .i
ATTES itiiepe,...arra?"
°` CSRA EGA,Inc.
uce.0 i►` Sub-recipient
Date: O/ //
/ I(
on E.Barnes,As its President�de�
By: A �eN�z��Z%GC� Date: O
I.Angel Littla As its Corporate Secretary / /
By �i 4 �����ti'" r _1.d Date: 'a/' J149
fitness
SEAL
1