24_037 Nonprofit Arts and Recreation Grant.pdf

REQUEST FOR PROPOSALS (“RFP”) #24-037

City of Sandy Springs

Nonprofit Arts and Recreation Grant

No Pre-Proposal Conference

1 Galambos Way, Sandy Springs, Georgia 30328

Proposals are due no later than: January 24, 2024, 2:00 PM EST.

Sealed responses to this RFP (“Proposals”) will be received no later than January 24, 2024, 2:00 PM EST. The City of Sandy Springs (“City”) will only accept online submissions for this RFP through the Bonfire portal at:

https://sandysprings.bonfirehub.com/projectDrafts/115423/details

A Proposal submitted in any other format (e-mail, paper, fax, mail, etc.) will not be accepted for any reason.

General Information:

1. All communications regarding this solicitation shall be with the assigned Procurement Officer, Ericka Kelly, at purchasing@sandyspringsga.gov

2. All questions or requests for clarification shall be sent via Bonfire under Message - Opportunity Q&A:

Questions are due no later than January 10, 2024, 5:00 PM EST. Questions received after this date and time may not be answered.

3. Questions and clarifications will be answered in the form of an addendum. Any addenda, schedule changes and other important information related to this solicitation will be posted on the Bonfire website at:

It is the responsibility of those submitting Proposals (“Applicant(s)”) to check the Bonfire portal for any addenda or other communications related to this solicitation.

4. The City intends to execute a memorandum of understanding (“MOU”) with the selected Applicant(s) in the form included as Attachment A to this RFP.

5. The City reserves the right to reject all Proposals and to waive technicalities and informalities, and to make award in the best interest of the City.

6. A checklist is provided with this RFP for convenience. It should not be submitted with a Proposal.

mailto:purchasing@sandyspringsga.gov

TABLE OF CONTENTS

PROPOSAL SIGNATURE AND CERTIFICATION

CORPORATE CERTIFICATE

APPLICANT’S RFP CHECKLIST

SECTION 1: INTRODUCTION

SECTION 2: SCOPE OF WORK

SECTION 3: SUBMITTAL OF PROPOSAL

SECTION 4: CONTENTS OF PROPOSAL, EVALUATION CRITERIA AND SELECTION PROCESS

SECTION 5: PRE-SUBMITTAL INQUIRIES

SECTION 6: COMMUNICATION

SECTION 7: SCHEDULE OF EVENTS

SECTION 8: TERMS AND CONDITIONS

ATTACHMENT A: MEMORANDUM OF UNDERSTANDING, which includes all Exhibits attached thereto including:

EXHIBIT A Proposal EXHIBIT B Monthly Reporting Spreadsheet EXHIBIT C Certification of Contractor - Georgia Security and Immigration Compliance Act EXHIBIT D Certification of Sponsor Drug-Free Workplace EXHIBIT E Affidavit Verifying Status for City Public Benefit Application EXHIBIT F Contractor Affidavit under O.C.G.A. § 13-10-91(b) (1) EXHIBIT G Insurance Requirements EXHIBIT H Notice to Contractors - Compliance with Title VI of the Civil Rights Act of 1964

PROPOSAL SIGNATURE AND CERTIFICATION

I certify that this Proposal is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a Proposal (“Applicant”) for the same materials, supplies, equipment, or services and is in all respects fair and without collusion or fraud. I understand collusive bidding is a violation of state and federal law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of this Proposal and certify that I am authorized to sign this Proposal for Applicant. I further certify that the provisions of O.C.G.A. § 45-10-20, et seq., have not been violated and will not be violated in any respect.

Print/Type Applicant Name:

Authorized Signature for Applicant:

Print/Type Name of Authorized Signatory: _

Date:

CORPORATE CERTIFICATE

I, named as Applicant in the foregoing Proposal; that

_, certify: that I am the Secretary of the nonprofit organization

_, who signed said

Proposal on behalf of the Applicant, was then (title) of said organization; that said Proposal was duly signed for and in behalf of said organization by authority of its governing body, and is within the scope of its corporate powers; and that said nonprofit organization is organized under the laws of the State of Georgia or duly registered and authorized to do business in Georgia.

This day of _, 2023.

CORPORATE NAME:

d/b/a:

(Authorized Signature)

Print/Type Name of Authorized Signatory:

(Seal)

APPLICANT’S RFP CHECKLIST

Critical Things to Keep in Mind When Responding to an RFP for the City

1. Read the entire document. Note critical items such as: supplies/services required; submittal dates;

number of copies required for submittal; contract requirements, if any (e.g. bonding and insurance requirements).

2. Note the Procurement Officer's name, address, and e-mail address. This is the only person you are allowed to communicate with regarding the RFP and is an excellent source of information.

3. Attend the pre-Proposal conference, if scheduled. This conference provides an opportunity to ask clarifying questions, obtain a better understanding of the project, or notify the City of any ambiguities, inconsistencies, or errors in the RFP. [No pre-Proposal conference has been scheduled for this procurement.]

4. Take advantage of the “question and answer” period. Submit any questions to the Procurement

Officer by the due date listed on the cover page and in the Schedule of Events and view the answers given in the formal “addenda” issued for the RFP. All addenda issued for this RFP will be posted on the City’s purchasing page at http://www.sandyspringsga.gov/business/doing-business-with-the-city/city-procurements.

5. Follow the format required in the RFP when preparing a Proposal. Provide point-by-point responses to all sections in a clear and concise manner.

6. Provide complete answers/descriptions. Read and answer all questions and requirements. Don’t assume the City will know what your organization’s capabilities are or what items/services you can provide, even if you have previously contracted with the City. Proposals are evaluated based on the information and materials provided in response to the RFP.

7. Use the forms provided with the RFP, if any.

8.

9.

Check the City’s website for RFP addenda before submitting a Proposal at http://www.sandyspringsga.gov/business/doing-business-with-the-city/city-procurements. If any exist, you must submit a signed cover sheet for each addendum issued along with your Proposal.

Review the RFP again to make sure that you have addressed all requirements. Your original Proposal and the requested copies must be identical and complete. The copies are provided to individuals evaluating Proposals and will be used to rank your Proposal.

10. Submit your Proposal on time. Note all the dates and times listed in the Schedule of Events and within the document, and be sure to submit all required items on time. Late Proposals will not be accepted.

This checklist is provided for assistance only and should not be submitted with your Proposal.

http://www.sandyspringsga.gov/business/doing-business-with-the-city/city-procurements

SECTION 1: INTRODUCTION

The City of Sandy Springs (“Sandy Springs” or “City”) places great value to the programs and facilities it offers and is excited to have organizations that partner with the City’s Recreation and Parks Department to provide programs and recreational activities for the benefit of the community. The City recognizes that its Recreation and Parks Department and current program partners are not able to meet all of the recreation and park needs of a city as large and diverse as the City of Sandy Springs.

The City is offering this program for the third year to collaborate with duly organized nonprofit organizations wishing to offer new or expand upon eligible existing arts and recreational programs targeted to underserved populations and low-income communities within the City of Sandy Springs. The City is looking for innovative and creative partners to serve the communities where they reside, attend school, worship, etc. Preferred programming will be high quality and fill gaps in programming currently provided by the City and existing partners.

There will be two categories of Nonprofit Arts and Recreation Grants (“NARG”) for this cycle: (1) continuation of selected 2022-2023 grants, up to a maximum of $12,500 award per selected nonprofit organization; and (2) new program grants with a maximum amount of $25,000 award per selected nonprofit organization. Potential grantees may apply for one or both grant categories.

SECTION 2: SCOPE OF WORK

The City anticipates a variety of programs will be proposed for the NARG. The Applicant should provide a robust description of the proposed programming and program category (arts and culture, athletics, outdoor, special needs, etc.).

Organizations may apply for either or both options below.

Category One Grants o Only available to selected, eligible recipients of 2022-2023 NARG grants o Available to continue funding for 2022-2023 awarded programs o Funding is limited to 50% of the 2022-2023 award, up to a maximum award of $12,500

Category Two Grants o New athletic program or league o New after-school program or activity o Transportation to a recreation program o New arts/culture program or activity o New specialty camp or program o New special needs program o Expansion of eligible existing programs and activities

Proposed programs should align with the City’s Recreation and Parks Master Plan (“Master Plan”), accessible on the City’s website: https://www.sandyspringsga.gov/recreation-and-parks-master-plan. Applicants should provide an overview of how the proposed program aligns with the needs identified by the Master Plan.

Applicants should also provide information about how the proposed program aligns with the respective nonprofit organization’s mission, and how the program will improve its ability to offer recreational opportunities to the community, enhance the quality of programs currently offered, and better serve the target community. Nonprofit organizations should include applicable programs currently offered, metrics demonstrating the growth of these programs and the populations served. Grant funds shall not be used to replace existing programs or initiatives. Only new programs or expansions of existing programs, initiatives, and activities are eligible for Category Two Grants.

https://www.sandyspringsga.gov/recreation-and-parks-master-plan

Programs may be located outside the geographical boundaries of the City, but Applicants must be able to demonstrate that it serves only Sandy Springs residents.

Characteristics of Desired Programs:

1. Results-driven: program shall include a robust tracking and reporting system to measure the program’s impact.

2. Resident participation: number of different City residents served compared to number of repeat residents served during multiple weeks.

3. Evidence-based Practice: program shall have a significant level of quantitative and qualitative data showing positive outcomes.

4. Innovative: program shall address gaps in current offerings, tests new approaches, or uses creative strategies to address unmet needs.

5. Collaborative: nonprofit partners with one or more organizations to achieve mutual intended outcomes. Two (2) or more local communities/nonprofits working in support of a single or collaborative project is encouraged.

SECTION 3: SUBMITTAL OF PROPOSAL

Proposals shall be submitted through the Bonfire portal at https://sandysprings.bonfirehub.com/projectDrafts/115423/details no later than 2:00 PM EST on January 24, 2024.

A Proposal received after this date and time or at any other location will not be accepted or considered. The City is not responsible for delays caused for any reason. It is the sole responsibility of the Applicant to submit its Proposal before the required deadline. Hard copy, electronic and facsimile submittals will not be accepted.

SECTION 4: CONTENTS OF PROPOSAL, EVALUATION CRITERIA AND SELECTION PROCESS

1. General Information

The RFP and Proposals will enable the City to gather additional information and identify qualified nonprofit organizations to perform the services described in the Scope of Work (Section 2) and specifications. The City will conduct a comprehensive, fair and impartial evaluation of all Proposals received. An evaluation committee (“Evaluation Committee”) will be established by the City to evaluate Proposals. The City reserves the right, among others, to determine that no qualified Proposals have been received and reject all Proposals.

2. Proposal Requirements

Proposals shall include the information described in Section 2 of this RFP. In addition, Proposals shall contain the following information and should be limited to twelve (12) total pages (excluding summary letter, resumes, and IRS determination letter):

a. Provide a summary letter (excluded from page count) that includes:

i. the name, address, website, and telephone number of the nonprofit organization submitting the Proposal;

ii. the name, e-mail address and telephone number of the organization’s chief executive officer;

iii. the tax identification number for the organization on government issued document;

iv. the DUNS number for the organization; and

v. contact information (telephone number and e-mail address) for the individual completing the Proposal.

b. Provide IRS determination letter for nonprofit status (excluded from page count).

c. Provide a clear and concise description of the nonprofit, its mission, and the services it provides.

d. Provide a clear and concise description of the proposed project/activity (only one project Proposal is allowed per grant category) and how the project/activity will meet the needs of underserved, diverse, and low to moderate income Sandy Springs residents, including:

i. The project/activity must benefit underserved, diverse, and low to moderate income Sandy Springs residents;

ii. The program should meet needs identified within the Recreation and Parks Master Plan;

iii. Include relevant addresses for where the program will take place, what facilities will be used, program start and finish dates, etc.;

iv. Include map of program location; and

v. Include letter of support from the program site owner, church, school, etc.

e. For Category One Grants, provide a detailed discussion of the impact of the 2022-2023 grant. This should include:

i. Number of different residents served;

ii. Description of activities and programs provided by the program;

iii. Data demonstrating program success, particularly surrounding participant data before and after the program;

iv. Participant and/or family reviews of the program; and

v. Up to five (5) photos of the program in action.

f. Provide an estimate for the number for individuals or households within the City that will benefit from the proposed project/activity.

i. Describe how Applicant will document eligible population requirements; and

ii. Demonstrate how service area requirements will be documented (must benefit Sandy Springs citizens).

g. Include a detailed timeline for the proposed program. Term of the grant will be no earlier than February 1, 2024 to no later than December 1, 2024. Include an hourly schedule of activities for a typical day’s program.

Address what and how you will use data demonstrating program success, particularly surrounding participant data before and after the program;

h. Include a resume of experience and other qualifications of the individuals responsible for the proposed project/activity. Please specify their proposed roles in the proposed project/activity and identify a project manager.

i. Include financial reports, including the agency Revenue and Expenses budget and last audit, and any other match funds received.

j. Include a detailed Revenue and Expenses budget for the proposed program. Include any leveraged funding.

k. Include an executed Proposal Signature and Certification, in the form shown above in this RFP.

l. Information regarding the organization’s financial history and stability shall be required, the Applicant shall submit the most recent two (2) years of financial statements

3. Evaluation Criteria

Proposals that do not contain all information required by this RFP or are otherwise non-responsive to the requirements may be rejected immediately. The City reserves the right to fund projects at a level which is less than the amount requested.

The City reserves the right to waive irregularities or deficiencies in a Proposal if the City determines that waiver is in the best interests of the City. The City may request supplemental written information from an Applicant concerning the Applicant’s ability to perform the services. If an Applicant fails to provide supplemental information within the time stated in the request, the City may refuse to consider the Applicant’s Proposal. The City may request an interview with any Applicant. If a Proposal is unclear, or appears inadequate, the Applicant may be given an opportunity to explain how the Proposal complies with the requirements of this RFP. The City reserves the right to make such investigation it deems appropriate to determine whether an Applicant is qualified to provide the services. If an Applicant fails to cooperate with an investigation, or if an Applicant provides false, misleading or incomplete information, the City may refuse to consider the Applicant’s Proposal.

In cases of doubt or differences of opinion concerning the interpretation of this RFP, the City reserves the exclusive right to determine the intent, purpose and meaning of any provision in this RFP.

Applicants shall comply with all applicable federal, state and City statutes, rules, regulations and record-keeping requirements governing the use of City funds. The Applicant or Applicants selected by the City will be required to enter into the MOU attached hereto, which shall be signed and executed prior to disbursement of any funds.

Category One Proposals will be ranked according to the following criteria:

Weight in Evaluation

Previous grant program met the needs of underserved, diverse, and low to moderate income Sandy Springs residents

40%

Impact (Quality of programming, programming fills a gap in City provided programming) 30%

Program performance measures 15%

Financial reports 5%

Program partnerships (two or more nonprofits provided programs together) 5%

Use of matching funding 5%

Category Two Proposals will be ranked according to the following criteria:

Weight in Evaluation

Providing creative programs to meet the needs of underserved, diverse, and low to moderate income Sandy Springs residents

40%

Impact (Quality of programming, programming fills a gap in City provided programming) 20%

Program performance measures 15% Financial reports 10%

Tenure of nonprofit(s) 5%

Program partnerships (two or more nonprofits providing programs together) 5%

Utilization of matching funding 5%

4. Funding

Nonprofit organizations or groups may apply for funding through this program; however, funds may only be used for direct program costs to serve City of Sandy Springs residents. Funding requests may not exceed $12,500

(Category One) and $25,000 (Category Two). Actual funding awards may be less than the requested amount based upon the availability of funds. Preference will be given to those nonprofit organizations not already receiving City nonprofit funding support.

Allowable Expenses: On-site staffing; limited administration costs; facility rental; transportation/gas; staff and participant meals; and program supplies.

Non-Allowable Expenses: Purchase of vehicles; computer equipment; capital purchases; and other expenses to be determined.

5. Selection Process

a. Interviews. At the City’s discretion, selected Applicant(s) may be interviewed as a part of Proposal evaluation based upon the criteria set out in the RFP, and other qualities demonstrated by the Applicant to differentiate itself from other Applicants and Proposals, such as unique qualities, methodologies, or approaches. Selected Applicants may be asked to provide additional information to the Evaluation Committee regarding demonstrated competence and qualifications, feasibility of implementing the Project as proposed, ability to meet schedules, costing methodology, or other factors as appropriate.

b. Additional Information. Any information received by the Evaluation Committee subsequent to submittal of the Applicant’s Proposal will be used to further evaluate the short-listed Applicants to determine a rank order.

The Evaluation Committee will make a recommendation for award, but Mayor and City Council shall have final approval of any award resulting from this solicitation.

SECTION 5: PRE-SUBMITTAL INQUIRIES

All questions, comments or requests for clarification shall be sent via Bonfire under Message - Opportunity Q&A:

https://sandysprings.bonfirehub.com/projectDrafts/115423/details or directed to purchasing@sandyspringsga.gov. The

Applicant shall clearly reference the section and page numbers of the RFP which are applicable to the question(s) or comment(s) submitted.

Note: Oral questions will not be accepted due to the possibility of misunderstanding or misinterpretation.

Questions are due no later than January 10, 2024, 5:00 PM EST to allow for analysis and dissemination of the City's responses in advance of the Proposal due date. Questions received after this date and time may not be answered.

Questions and clarifications will be answered in the form of an addendum to this RFP. Any addenda, schedule changes and other important information regarding the solicitation related to this solicitation will be posted on Bonfire website at:

https://sandysprings.bonfirehub.com/projectDrafts/115423/details. It is the Applicant’s responsibility to check the Bonfire portal for any addenda or other communications related to this solicitation.

SECTION 6: COMMUNICATIONS

The principal point of contact for this solicitation is the Procurement Officer. The Procurement Officer can be reached via e-mail at purchasing@sandyspringsga.gov. Until funds are awarded and announced regarding the procurement, elected officials, Evaluation Committee members, employees of the City, and contracted personnel receiving information and documents regarding this procurement are not allowed to communicate regarding the procurement for any reason with any potential or interested organizations, vendors, City staff, or contracted personnel except through the City's

Procurement Officer or designated successor.

For violation of this restriction, the City reserves the right to reject the Proposal of any Applicant who knowingly participates in such violation. Any City staff or elected officials who violate this restriction acknowledge such conduct may result in an ethics violation pursuant to the City's ethics ordinance and/or disqualification from further participation in, or briefing on, the procurement. All communications concerning this procurement shall be directed to the Procurement

Officer named in this solicitation.

https://sandysprings.bonfirehub.com/projectDrafts/115423/details https://sandysprings.bonfirehub.com/projectDrafts/115423/details mailto:purchasing@sandyspringsga.gov https://sandysprings.bonfirehub.com/projectDrafts/115423/details.%20It https://sandysprings.bonfirehub.com/projectDrafts/115423/details.%20It mailto:purchasing@sandyspringsga.gov

SECTION 7: SCHEDULE OF EVENTS*

EVENT DATE

RFP Released December 13, 2023

Deadline for Receipt of Inquiries January 10, 2024

Deadline for Posting Written Answers to Inquiries January 17, 2024

Proposal Due Date January 24, 2024

Proposal Evaluations Completed January 31, 2024

Presentations/Interviews (Optional) February 2 and 3, 2024

Final Selection February 2024

*This proposed schedule of events is informational and is subject to change at the discretion of the City.

SECTION 8: TERMS AND CONDITIONS

All Proposals and supporting materials as well as correspondence relating to this solicitation become property of the City when received. Any proprietary information contained in the Proposal shall be so indicated; however, a general indication that the entire contents, or a major portion, of the Proposal is proprietary will not be honored. The following terms and conditions shall also apply:

1. All applicable federal and State of Georgia laws and City ordinances, licenses and regulations of all agencies having jurisdiction shall apply to Applicants throughout and are incorporated herein.

2. Gratuities, Rebates, or Kickbacks.

a. Gratuities. It is prohibited for any person to offer, give, or agree to give any City Representative, or for any City

Representative to solicit, demand, accept, or agree to accept from another person, a gratuity, rebate or offer of employment in connection with any decision, approval, disapproval, recommendation or preparation of any part of this RFP influencing the content of any specification or standard, rendering of advice, investigation, auditing or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to this RFP or a Contract or subcontract, or to any

Solicitation or response therefore in any manner inconsistent with the State of Georgia’s Department of Administrative Services Gratuity Policy located in the Georgia Procurement Manual Section I.4.

b. Kickbacks. It is prohibited for any payment, gratuity, or offer of employment to be made by or on behalf of a subcontractor under a Contract to the prime Contractor or higher tier subcontractor, or any person associated therewith, as an inducement for the Award of this RFP.

c. Rebates. It is prohibited for any rebate to be offered for the sole purpose of inducement. Rebates normally or routinely offered to all customers for the purchase of Goods and Services are acceptable and are the property of the City.

d. Nothing in this section shall preclude a City Representative from attending seminars, courses, lectures, briefings, or similar functions at any Offeror's facility or at any other place if any such seminar, course, lecture, briefing, or similar function is for the purpose of furnishing the City Representative with knowledge and information relative to the Offeror's Goods or Services and is one the City Manager determines would be beneficial to the City. In connection with any such seminar, course, lecture, briefing, or similar function, nothing shall preclude the City Representative from receiving meals from an Offeror. Nothing in this section shall preclude the City Representative from receiving educational materials and business-related items of not more than nominal value from an Offeror. Nothing contained in this section shall permit the City Representative to accept free travel from the Offeror outside the State of Georgia or free lodging in or outside the State of Georgia.

3. Professionals requiring special licenses shall be licensed in the State of Georgia and shall be responsible for those portions of the work as may be required by law.

4. No Proposal shall be accepted from, and no funds will be awarded to, any person, firm, or corporation that (i) is in arrears to the City with respect to any debt, (ii) is in default with respect to any obligation to the City, or (iii) is deemed irresponsible or unreliable by the City.

5. The City shall be able to request of an Applicant satisfactory evidence that it has the necessary financial resources to accomplish the requirements described in this RFP.

6. From the date this RFP is issued until funds are awarded, Applicants are not allowed to communicate with any staff or elected officials of the City regarding this solicitation, except at the direction of Ericka Kelly, Procurement Officer in charge of this solicitation. Any unauthorized contact may disqualify the Applicant from further consideration.

Contact information for the single point of contact is as follows:

Ericka Kelly, Procurement Officer

City of Sandy Springs 1 Galambos Way

Sandy Springs, Georgia 30328 E-mail: purchasing@sandyspringsga.gov

7. While the City has every intention to award funds and enter into MOU(s) as a result of this solicitation, issuance of the RFP in no way constitutes a commitment by the City to award funds and execute an MOU. Upon a determination such actions would be in its best interest, the City, in its sole discretion, reserves the right to:

mailto:purchasing@sandyspringsga.gov

a. Cancel or terminate this RFP at any time. A notice of cancellation will be issued. If the RFP is cancelled, the City will not reimburse any Applicant for preparation of its Proposal. Proposals may be returned upon request if unopened;

b. Reject any or all Proposals received, make an award based directly on the Proposals received in the best interest of the City, in its sole discretion, or enter into further discussions with one (1) or more Applicants;

c. Waive and/or amend any undesirable, inconsequential, or inconsistent provisions/specifications of this RFP which would not have significant impact on any Proposal;

d. Make partial award or no award if it is in the best interest of the City to do so; and

e. Terminate any MOU for any reason if the City determines such action to be in its best interest.

ATTACHMENT A

FORM OF

MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SANDY SPRINGS, GEORGIA

AND

THIS MEMORANDUM OF UNDERSTANDING (“MOU”) is made and entered into this day of

_, , between the City of Sandy Springs, Georgia (“Sandy Springs” or “City”) and (“Organization”).

WHEREAS, the Organization is a nonprofit corporation organized under the laws of the State of Georgia and is duly registered and authorized to do business in the State of Georgia; and

WHEREAS, the mission of the Organization is ; and

WHEREAS, the Organization serves many persons in the City and enhances the City by providing for those in need;

and

WHEREAS, the Organization has proposed to provide a program or programs for the City to offer recreational opportunities to underserved Sandy Springs citizens or to enhance the quality of programs currently offered by the City to better serve the underserved community; and

WHEREAS, in consideration of the Organization’s mission, the services it provides for the City, and the proposed program or programs, the City wishes to provide funding to the Organization; in accordance with the terms and conditions of this MOU.;

NOW, THEREFORE, for and in consideration of the mutual covenants contained herein, and other good and valuable consideration, the parties hereto agree as follows:

1.0 GRANT ACCEPTANCE AND SCOPE OF SERVICES

The City makes, and the Organization accepts, an award of funds in the amount of Dollars ($ ) (“Funds”), to provide the program and services (“Services”) described in the Organization’s proposal (“Proposal”), a copy of which is attached hereto and incorporated herein as Exhibit A. The Organization hereby accepts the Funds and agrees to the terms and conditions stated in this MOU. The Organization shall utilize the Funds to perform the Services consistent with the mission of the Organization and the and as otherwise described in Exhibit A.

2.0 DISBURSEMENT

Upon submission of the final Report as defined and required by Section 5 of this MOU, and any other documentation required by the City Finance Director, which submission shall be no later than December 1, 2023, the City shall tender a check to the Organization for the cost of the Organization’s performance of Services. If the Organization fails to submit Reports as required by Section 5 of this MOU or other documentation as required, such failure shall be considered a material breach of this MOU and the City requires repayment of awarded disbursement within 30 days of City notice.

a. Grant Purpose. Restrictions. The Grant may be spent only in accordance with the provisions of the Services described in Exhibit A and subject to the terms of this MOU and in no event shall the Services described be provided to groups, individuals, corporations, or other organizations which either reside or do business outside the jurisdictional boundaries of the City of Sandy Springs, Georgia. The Grant and Services are subject to modification only with the City’s prior written approval. Questions that may arise about the Services, responsibilities, goals, expected results, and Organization’s workplan shall be resolved by reference to this MOU. The City reserves the right to exercise oversight, in whatever manner it deems suitable, with respect to the Organization’s use of the Grant.

3.0 USE

The Organization may use the Funds only for the purposes referenced in Section 1.0 and detailed in Exhibit A

(Proposal) of this MOU. Any additional services the Organization wishes to provide other than what is stated in this MOU and Exhibit A shall not be eligible for reimbursement hereunder unless otherwise approved in writing by the City, which approval shall be authorized and executed by the City Manager or designee. Allowable expenses must be approved by the City Finance Director, but may not include capital expenditures, such as building improvements.

The Organization acknowledges the Funds are restricted to permitted uses for the benefit of City residents. Funds shall not be used to provide Services for residents of another jurisdiction. Furthermore, Funds shall be used for the benefit of low to moderate income populations.

4.0 TERM OF AGREEMENT

a. Term. The term of this MOU (“Term”) shall commence and shall become effective on the date hereinabove set forth, and shall be completed no later than December 1, 2024, unless otherwise extended in writing or earlier terminated by the City.

b. Termination. This MOU may be terminated by the City at any time upon thirty (30) days’ prior written notice to the Organization. Upon such termination, the City shall be obligated to reimburse only those eligible costs and expenses that are expended or committed by the Organization for approved Services to the date of termination and that otherwise comply with all requirements for reimbursement stated herein.

5.0 ACCOUNTABILITY

a. Accounting. In order to be eligible for reimbursement, the Organization shall submit monthly Reports substantially in the form attached hereto as Exhibit B for Services performed by the Organization during the Term. All Reports, along with any other documentation as may be required by the City Finance Director, shall be submitted no later than December 1, 2024. The Reports shall indicate a detailed breakdown of the Services provided and the cost for each Service. The sum of all Reports should account for the entirety of Funds approved for the Organization under this MOU. A total accounting of eligible Services of less than the approved Funds during the Term shall be considered to be a waiver of any unexpended Funds and only those Funds shown to be properly expended by the Reports shall be subject to payment in accordance with this MOU, up to and including $ _. The Reports shall contain a list of the names and addresses of each individual or organization for which the Services have been performed; any report which fails to include such a listing shall be deemed incomplete and the City may withhold reimbursement unless and until such a listing is included. Any Report that identifies individuals or other organizations which received a benefit from the Services and do not reside or substantially do business within the jurisdiction of the City of Sandy Springs shall constitute a material breach of this MOU and the City shall have the option, in its sole discretion, to withhold all or part of the amount requested for reimbursement.

b. Detailed Program Budget. The Organization shall submit a final post-program budget with a detailed accounting of all revenues and expenditures

c. Audit. The City hereby retains authority to obtain and/or perform an audit of the Organization in any manner related to the Services or the expenditure/reimbursement of Funds.

d. Records Retention. The Organization will maintain all records related to the award and use of Funds and each Report required by this MOU for at least five (5) years after it has received any reimbursement from the City in accordance with the terms of this MOU.

6.0 GENERAL TERMS

a. Compliance with Law. In the performance of this MOU, the Organization shall comply with all applicable federal, state and local laws and regulations, including, but not limited to, Title VI and Title VII of the Civil Rights Act, as amended, Age Discrimination in Employment Act, Rehabilitation Act of 1973, as amended, Equal Pay Act, The Americans with Disabilities Act of 1990, as amended, the Fair Housing Act, as amended and any other applicable Acts which prohibit discrimination as more fully described in Section 9.0 hereof.

b. Relationship of Parties. Neither this MOU nor any actions of the parties or their officers or employees will create any agency relationship, joint venture, or other affiliation between the City and the Organization, except that of grantor and grantee of the Funds. The City is not an agent or representative of the Organization and the Organization is not an agent or representative of the City. Except as otherwise qualified by this MOU, the Organization shall be solely responsible for its activities respecting the Funds and this MOU. The Organization shall not delegate away its responsibility and obligations under the MOU or assign any rights it may have under it without the express written consent of the City.

c. Notices. Any notice or communication required or permitted under this MOU shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the address set forth below or to such other address as one party may have furnished to the other party in writing:

If to the Organization:

If to the City:

City of Sandy Springs, Georgia 1 Galambos Way

Attention: Eden E. Freeman, City Manager

With copy to:

Dan Lee, City Attorney City of Sandy Springs, Georgia

The above-designated representatives may designate another officer or employee for receipt or giving of notice by personal, written communication to their counterpart, with specific reference to this MOU. The date of receipt of notice will be the effective date.

d. Time of Essence. Time is of the essence with respect to this MOU.

e. No Waiver. No delay by either party in enforcing this MOU will stop, waive or otherwise adversely affect that party’s right and power to enforce the MOU and require performance of any provision.

f. Counterparts. The parties have executed and delivered duplicate original counterparts to one another, each of which will be equal in dignity to the other.

g. Facsimile or PDF Signatures. For purposes of this MOU, signatures delivered by electronic means, facsimile or as a PDF attached to an e-mail shall be as binding as originals upon the parties so signing.

h. Headings. The captions in this MOU are for convenience and not for use in interpretation.

i. Severability. If any part of this MOU is invalid, the parties intend to preserve the remainder if the remaining terms provide each party the substantial benefit of its bargain.

j. Entire Agreement. This MOU constitutes the entire agreement and understanding between the City and the

Organization respective its subject matter, superseding all prior discussions or understandings. A writing of equal dignity is required for its amendment.

7.0 INDEMNIFICATION

The Organization shall indemnify the City, its officers, agents, servants and employees from and against any and all liability for claims, losses, liabilities, damages, deficiencies or costs (including, without limitations, reasonable attorneys’ fees and legal expenses) to the extent caused by or resulting from the negligence, recklessness, or intentionally wrongful conduct of the Organization or other persons employed or utilized by the Organization in the performance of the MOU.

Notwithstanding anything to the contrary, the covenants contained in this Section shall survive after the end of the Term (regardless of the manner or method of termination) for a period of five (5) years.

8.0 CONFLICT OF INTEREST

No member, officer, official, or employee of the City or its designee or agents, no member of the governing body of the City, and no other official of the City who exercises or has exercised any functions or responsibilities with respect to the City assisted activities or who are in a position to participate in a decision making process or gain inside information with regard to such activities, may obtain a personal or financial interest or benefit in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or for those with whom they have family or business ties, during their tenure or for one (1) year thereafter.

9.0 NON-DISCRIMINATION

During performance of this MOU, the Organization shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender, national origin, age, disability, or military or veteran status, or any other status or classification protected by applicable federal, state and local laws. This practice shall apply to all terms and conditions of employment, including but not limited to, hiring, placement, promotion, termination, layoff, recall, transfer, leave of absence, compensation, and training.

The Organization shall undertake equal employment opportunity efforts to ensure that applicants and employees are treated without regard to their race, color, religion, sex, sexual orientation, gender, national origin, age, disability, or military or veteran status, or any other status or classification protected by applicable federal, state and local laws. The Organization's equal employment opportunity efforts shall include, but not be limited to, all terms and conditions of employment, including but not limited to, hiring, placement, promotion, termination, layoff, recall, transfer, leave of absence, compensation, and training.

The Organization, in all solicitations or advertisements for employees placed by, or on behalf of the Organization, shall state that all qualified applicants will receive consideration for employment without regard to their race, color, religion, sex, sexual orientation, gender, national origin, age, disability, or military or veteran status, or any other status or classification protected by applicable federal, state and local laws.

The Organization shall cause the foregoing provisions to be inserted in all subcontracts for any work covered by the MOU so that such provisions will be binding upon each subcontractor, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials.

10.0 STANDARD OF PERFORMANCE

The Organization represents and warrants that it possesses the special skill and professional competence, expertise and experience to undertake the Services and the obligations imposed by this MOU. The Organization agrees to perform in a diligent, efficient, competent and skillful manner commensurate with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances, and to otherwise perform as is necessary to undertake the Services required by this MOU.

11.0 GOVERNING LAW

This MOU shall be governed in all respects, as to validity, construction, and capacity performance or otherwise, by the laws of the State of Georgia.

IN WITNESS WHEREOF, the City and the Organization have executed this MOU as of the date first written above.

CITY OF SANDY SPRINGS, GEORGIA

By:

Eden E. Freeman, City Manager

By:

Attest: Attest:

By: By:

Raquel Gonzalez, City Clerk Name:

Title:

(SEAL)

Approved as to Form:

Assistant City Attorney

EXHIBITS TO RFP

EXHIBIT A Proposal

EXHIBIT B Reporting Spreadsheet

EXHIBIT C Certification of Contractor - Georgia Security and Immigration Compliance Act

EXHIBIT D Certification of Sponsor Drug-Free Workplace

EXHIBIT E Affidavit Verifying Status for City Public Benefit Application

EXHIBIT F Contractor Affidavit under O.C.G.A. § 13-10-91(b) (1)

EXHIBIT G Insurance Requirements

EXHIBIT H Notice to Contractors Compliance with Title VI of the Civil Rights Act of 1964

EXHIBIT A

PROPOSAL

EXHIBIT B

GRANT PROGRAM PARTICIPATION REPORT - METRICS

Programming Partner:

Program Title:

Reporting Agent:

Submittal Date:

Program Frequency:

Reporting Period:

Program Location(s):

Program Highlights:

Safety issues or accidents:

Other issues of note:

Programming Metrics:

*Metrics can be provided in different categories and may vary by program. Please discuss this with staff before submittals of monthly reports

Total number of residents served:

Number of females served:

Number of males served:

Age groups served:

Under 5 years

5-9 years

10-14 years

15-19 years

19+ years

Number of participants by Race:

White

African American

American Indian or Alaska Native

Asian

Native Hawaiian or Other Pacific Islander

Two or more races

Number of Participants Identifying as Hispanic or Latino:

Number of participants with physical and cognitive disabilities (include detailed breakdown if possible):

Number of Participants by Languages spoken at home:

English alone

Spanish

Other languages

Number of participants on Free/Reduced Lunch:

Number of Participants by Household income:

$0 - $24,999

$25,000 - 34,999

$35,000 - $49,999

$50,000 - $74,999

$75,000 +

*Metrics can be provided in different categories and may vary by program. Please discuss this with staff before submittals or monthly reports

EXHIBIT C

CERTIFICATION OF CONTRACTOR

GEORGIA SECURITY AND IMMIGRATION COMPLIANCE ACT

I hereby certify that I am a principal and duly authorized representative of

_, (“Contractor”), whose address is

Contractor hereby agrees to comply with all applicable provisions and requirements of the Georgia Security and Immigration Compliance Act of 2006 (the “Act”), as codified in O.C.G.A. Sections 13-10-90 and 13-10-91 and regulated in Chapter 300-10-1 of the Rules and Regulations of the State of Georgia, "Public Employers, Their Contractors and Subcontractors Required to Verify New Employee Work Eligibility Through a Federal Work Authorization Program," accessed at http://www.dol.state.ga.us, as further set forth below.

Contractor agrees to verify the work eligibility of all of newly hired employees through the U.S. Department of Homeland Security’s Employment Eligibility Verification (EEV) / Basic Pilot Program, accessed through the Internet at https://www.vis-dhs.com/EmployerRegistration, in accordance with the provisions and timeline found in O.C.G.A. 13-10- 91 and Rule 300-10-1-.02 of the Rules and Regulations of the State of Georgia. As of July 1, 2007, the verification requirement applies to contractors and subcontractors with five-hundred (500) or more employees.

Contractor understands that the contractor and subcontractor requirements of the Act apply to contracts for, or in connection with, the physical performance of services within the State of Georgia.

Contractor understands that the following contract compliance dates set forth in the Act apply to the Agreement, pursuant to O.C.G.A. 13-10-91:

On or after July 1, 2007, to public employers, contractors, or subcontractors of 500 or more employees;

On or after July 1, 2008, to public employers, contractors, or subcontractors of 100 or more employees; and

On or after July 1, 2010, to all other public employers, their contractors, and subcontractors.

To document the date on which the Act is applicable to Contractor, and to document Contractor’s compliance with the Act, the undersigned agrees to initial one of the three (3) lines below indicating the employee number category applicable to Contractor, and to submit the indicated affidavit with the Agreement if the Contractor has 500 or more employees.

Contractor has:

500 or more employees [Contractor must register with the Employment/Eligibility

Verification/Basic Pilot Program and begin work eligibility verification on July 1, 2007];

100-499 employees [Contractor must register with the Employment Eligibility Verification/Basic Pilot Program and begin work eligibility verification by July 1, 2008]; or

99 or fewer employees [Contractor must begin work eligibility verification by July 1, 2010].

http://www.dol.state.ga.us/ https://www.vis-dhs.com/EmployerRegistration

Contractor further agrees to require O.C.G.A. Sections 13-10-90 and 13-10-91 compliance in all written agreements with any subcontractor employed by Contractor to provide services connected with the Agreement, as required pursuant to O.C.G.A. 13-10-91.

Contractor agrees to obtain from any subcontractor that is employed by Contractor to provide services connected with the Agreement, the subcontractor’s indication of the employee number category applicable to the subcontractor.

Contractor agrees to secure from any subcontractor engaged to perform services under this Agreement an executed “Subcontractor Affidavit,” as required pursuant to O.C.G.A. 13-10-91 and Rule 300-10-1-.08 of the Rules and Regulations of the State of Georgia, which rule can be accessed at http://www.dol.state.ga.us.

Contractor agrees to maintain all records of the subcontractor’s compliance with O.C.G.A. Sections 13-10-90 and 13-10- 91 and Chapter 300-10-1 of the Rules and Regulations of the State of Georgia.

CONTRACTOR:

Date: Signature:

http://www.dol.state.ga.us/

EXHIBIT D

CERTIFICATION OF SPONSOR

DRUG-FREE WORKPLACE

I hereby certify that I am a principal and duly authorized representative of

_, (“Contractor”), whose address is

, , and I further certify that:

(1) The provisions of Section 50-24-1 through 50-24-6 of the Official Code of Georgia Annotated, relating to the “Drug-Free Workplace Act” have been complied with in full; and

(2) A drug-free workplace will be provided for Contractor’s employees during the performance of the

Agreement; and

(3) Each Subcontractor hired by Contractor shall be required to ensure that the subcontractor’s employees are provided a drug-free workplace. Contractor shall secure from that subcontractor the following written certification: “As part of the subcontracting agreement with Contractor, certifies to Contractor that a drug-free workplace will be provided for the Subcontractor’s employees during the performance of this Agreement pursuant to paragraph (7) of…