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HomeMy WebLinkAboutCONTRACT BETWEEN AUGUSTA, GA AND PROMISE LAND COMMUNITY DEVELOPMENT CORPORATION FOR FY2018 HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA) CONTRACT Between AUGUSTA, GEORGIA And PROMISE LAND COMMUNITY DEVELOPMENT CORPORATION In the amount of $148,490.00 One Hundred Forty-Eight Thousand Four Hundred Ninety& 00/100 For Fiscal Year 2018 Providing Funding From HOUSING OPPORTUNITES FOR PERSONS WITH AIDS (HOPWA) AN AGREEMENT FOR A $148,490.00 GRANT BETWEEN AUGUSTA, GEORGIA AND PROMISE LAND COMMUNITY DEVELOPMENT CORPORATION— NONPROFIT CORPORATION, FOR PROVISION OF HOUSING SERVICES TO PERSONS WITH AIDS OR RELATED DISEASES AND THEIR FPLCDCLIES UNDER THE HOUSING OPPORTUNIITES FOR PERSONS WITH AIDS(HOPWA)GRANT PROGRAM OF THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. THIS AGREEMENT, made in Augusta, Georgia on day of 2019 , by and between the Augusta, Georgia a political subdivision of the State of Georgia (Augusta"), acting through the Augusta Housing and Community Development Department, located at 925 Laney-Walker Blvd., Augusta, Georgia, 30901 and Antioch Ministries, Inc.., a Georgia nonprofit corporation,organized and existing under the laws of the State of Georgia("Project Sponsor"),the address of which is 2409 Amsterdam Drive., Augusta, GA 30906. WHEREAS, Augusta, Georgia ("Augusta") has been awarded funds from the United States Department of Housing and Urban Development ("HUD") under the Housing Opportunities For Persons With AIDS (HOPWA) Program pursuant to Title VIII, Subtitle D, of the National Affordable Housing Act of 1990, for support of specialized housing throughout the Augusta, Georgia; Metropolitan Statistical Areas include: Burke, Columbia, McDuffie and Richmond counties (Georgia) and Aiken and Edgefield counties (South Carolina); WHEREAS, "Project Sponsor"is a provider of housing and supportive services for persons with AIDS or related diseases and their families in:Burke,Columbia,McDuffie,Warren and Richmond counties; WHEREAS,Project Sponsor desires to provide renovation,project-based housing assistance, and supportive services for persons with AIDS or related diseases and the families residing with the Augusta Housing and Community Development Department Page 1 • The Project Sponsor agrees to cooperate and coordinate in providing assistance under this Agreement with the agencies of the relevant state and local governments responsible for services in the area served by the Project Sponsor for eligible persons and other public and private organizations and agencies providing services for such eligible persons. The Project Sponsor agrees that no fees, except rent,will be charged of any eligible person for any services provided with Grant Funds under this Agreement. The Project Sponsor also agrees to ensure the confidentiality of eligible persons receiving assistance under this Agreement. The Project Sponsor agrees to ensure the confidentiality of the name of any individual assisted with Grant Funds and any other information regarding individual receiving assistance. ARTICLE IV. PROGRAM INCOME As defined in 24 CFR Part 85, Section 85.25, program income means gross income received by Project Sponsor that has been directly generated by a HOPWA supported activity, or earned only as a result of the HOPWA grant agreement. In the event Project Sponsor receives program income for activities rendered hereunder,Project Sponsor shall account for program income in accordance with requirements set forth in 24 CFR Part 84,Section 84.24,and observe the provisions of Sections 84.30 through 84.37 regarding the disposition of real property that has been acquired in part or in whole with HOPWA funds. ARTICLE V. BILLING AND REPORTING REQUIREMENTS Project Sponsor shall submit invoices and all other necessary documentation on a monthly basis to substantiate payment requests. The invoices and documentation must meet the Augusta's auditing requirements and provide sufficient detail for a proper pre-audit and post-audit to ensure proper accounting and disbursement of Grant Funds. Project Sponsor shall submit cumulative Quarterly and Annual Service Reports utilizing the Housing Opportunities for Persons with AIDS (HOPWA)Program Annual Progress Report(APR) titled "Form HUD-40110-C (expiration date 08/31/2011)." Quarterly periods to be reported are October-December,January-March,April-June. Quarterly Service Reports are due by the 15th day of the month following the period reported. The Annual Service Report includes the last quarter period of July-September, covering the entire period of October-September, and is due no later than November 1st following the close of the program year. Additional information may be required as a result of requests from Augusta or HUD. However, such information will not be required retroactively to previous Program Years. The Project Sponsor agrees to provide such additional information, as requested by Augusta or HUD. ARTICLE VI. MODIFICATION This Agreement may only be amended or modified by a written instrument executed by the duly authorized representatives of the parties hereto. Augusta Housing and Community Development Department Page 3 • of grant funds by providing the other party with a minimum of thirty(30) calendar days advance written notice, the Augusta may elect to continue providing Grant Funds to the Project Sponsor for the continued provision of rental assistance and/or other housing related services until such time as the Project Sponsor takes the appropriate corrective action(s)to cure the default or Augusta, through the request for proposal ("RFP") process, enters into a separate agreement with another non-profit organization for the provision of services provided herein. ARTICLE VIII. ENVIRONMENTAL REVIEW Project Sponsor agrees that it shall supply their local City or County government with all available, relevant information necessary to perform any required environmental review pursuant to HUD regulations at 24 CFR Part 58, as amended, for each property to be acquired, rehabilitated, converted, leased,repaired or constructed with Grant Funds; it shall carry out mitigating measures required by their local City or County government or select alternate eligible property; and it shall not acquire,rehabilitate,convert,lease,repair or construct property,or commit HUD or local funds to such program activities with respect to any such property, until it has submitted to Augusta appropriate records of environmental review from their local City or County government and received notice from the City that the environmental review is complete. ARTICLE IX. AUDIT REQUIREMENTS In the event, that during the period of this Agreement, Project Sponsor expends more than $500,000.00 in federal funds in an operating year from this and other federal grants, Project Sponsor shall, at its own cost and expense, provide for an independent audit to be conducted. The audit shall be completed, and a copy furnished to Augusta,within the earlier of thirty(30)calendar days after receipt of the auditor's report(s) or nine (9) months after the end of the audit period, unless a longer period is agreed to in advance by Augusta. For purposes of this Agreement, an operating and/or audit year is the equivalent to the Project Sponsor's fiscal year.The determination of when Grant Funds are expended is based on when the activity related to the expenditure occurs. The audit shall be conducted in compliance with the Office of Management and Budget Circular No. A-133, as amended and 24 CFR Parts 84 and 85, as applicable, which are made a part of this Agreement by reference thereto. In the event the audit shows that the entire funds disbursed hereunder, or any portion thereof, were not expended in accordance with the conditions of this Agreement, Project Sponsor shall be held liable for reimbursement to Augusta of all funds not expended in accordance with these applicable regulations and Agreement provisions within thirty (30) calendar days after Augusta has notified Project Sponsor of such non-compliance. Said reimbursement shall not preclude Augusta from taking any other action as provided in Article VI herein. If expenditure does not exceed $500,000.00 during an operating year, Project Sponsor shall provide Augusta with its annual financial statement within ninety(90) calendar days of the end of its operating year. Said financial statement shall be prepared by an actively licensed certified public accountant. Augusta Housing and Community Development Department Page 5 (c) Automobile Liability Insurance shall be maintained in accordance with the laws of the State of Georgia as to the ownership, maintenance, and use of all owned, non-owned, or hired vehicles used in connection with this Agreement. The minimum limit shall be $500,000.00 bodily injury and property damage combined single limit each accident. A. U.S. President Executive Order 11246 1. Approved Plan The Sponsor agrees that it shall be committed to carry out pursuant to the Grantee's specifications a program in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1965. The Grantee shall provide program guidelines to the Sponsor to assist in the formulation of such program. The Sponsor 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) The Sponsor 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" 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" means a business at least fifty-one (51) percent owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish-heritage Americans,Asian-Americans and American Indians. The Sponsor may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. Disclaimer: Augusta-Richmond County, Georgia does not operate a DBE, MBE or WBE program but rather pursuant to its code of ordinances, this local government operates instead a local small business opportunity program. 3. Equal Employment Opportunity The Sponsor will, in all solicitations or advertisements for employees placed by or on behalf of the Sponsor; state that it is an Equal Opportunity. 4. Subcontract Provisions The Sponsor will include the provisions of Paragraphs VIII.A, Civil Rights, in every subcontract or purchase order, specifically or by reference, so that such provisions will be binding upon each of its own Sponsor or subcontractors. Augusta Housing and Community Development Department Page 7 Project Sponsor, if a faith-based organization, shall comply with the terms and conditions set forth in CFR 24, Part 5 General HUD Program Requirements; Waivers, Section 5.109, Equal Participation of Religious Organizations in HUD Programs. Project Sponsor shall likewise comply with all applicable Augusta, Georgia Housing and Community Development Division Procedures and Policies as set forth in the City of Augusta Housing and Community Development Division Manual of Procedures and Standards, incorporated herein and by reference made a part hereof. Project Sponsor shall likewise comply with Augusta, Georgia Code of Ethics. Project Sponsor acknowledges agrees and commits that it shall comply with all applicable governmental and Augusta,Georgia rules and regulations including the Augusta,Georgia Code of Ethics. The failure of Project Sponsors to comply with this Business Ethics Commitment shall render this contract voidable and will subject Project Sponsor to debarment from future Augusta contracts. ARTICLE XIV. PROJECT PUBLICITY Any news release or other type of publicity pertaining to the project as stated herein must recognize Augusta as a sponsor, funded by HUD. ARTICLE XV. MAINTENANCE OF RECORDS Project Sponsor shall maintain all records and accounts including property, construction, personnel, client eligibility, housing assistance time limitations, and financial records related to the provision of services authorized hereunder to assure a proper accounting and monitoring of all Grant Funds. In the event that Augusta determines that such records are not being adequately maintained, Augusta may cancel this Agreement in accordance with Article VIII herein. With respect to all matters covered by this Agreement, records will be made available for explanation, audit, inspection or copying purposes at any time during normal business hours and as often as Augusta,HUD,representatives of the Comptroller General of the United States or other federal agency may require. Project Sponsor will permit same to be expended and excerpts or transcriptions made or duplicated from such records, and audits made of all contracts, invoices, materials, records of personnel and of employment and other data relating to all matters covered by this Agreement. Augusta's right of inspection and audit shall obtain likewise with reference to any audits made by any other agency, whether local, state or federal. Project Sponsor shall retain all records and supporting documentation applicable to this Agreement for five (5) years from the date of submission of the annual performance report. If any litigation, claim, negotiation, audit, monitoring, inspection or other action has been started before the expiration of the required record retention period,records must be retained until completion of the action and resolution of all issues which arise from it,or the end of the required period,whichever is later. The retention period starts from the date of the City's submission of the Consolidated Annual Performance and Evaluation Report (CAPER), as prescribed in 24 CFR 91.520, in which the activities as described in Exhibit "A" are reported on for the final time rather than from the date of submission of the final expenditure report for the award. Augusta Housing and Community Development Department Page 9 Project Sponsor agrees to monitor all subcontracted services on a regular basis to assure contract 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. Project Sponsor shall cause all of the provisions of this contract in its entirety to be included in and made a part of any subcontract executed in the performance of this Agreement. The Project Sponsor shall undertake to insure that all subcontracts entered into under to 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 Augusta along with documentation concerning the selection process. Project Sponsor will include the provisions of Articles XIII and XIV, in every subcontract or purchase order, specifically or by reference, so that such provisions will be binding upon each of its own subcontractors. ARTICLE XIX. CONFLICT OF INTEREST Project Sponsor guarantees that no member of, or Delegate to, the Congress of the United States shall be admitted to any share or part of this contract or to any benefit to arise from the same. Project Sponsor agrees that no member of the governing body of the locality in which the Project Sponsor is situated, and no other public official of such locality or localities who exercises or has exercised any functions or responsibilities with respect to HOPWA-assisted activities, or who is in a position to participate in a decision making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from the HOPWA-assisted activity, or have any interest in any contract, subcontract, or agreement with respect thereto, or with respect to the proceeds thereunder, either for himself or herself or for those with whom he or she has family or business ties, during his or her tenure or for one (1) year thereafter. Unless expressly permitted by HUD, Project Sponsor agrees that no person who is an employee, agent,consultant, officer,or elected or appointed official of the Project Sponsor and who exercises or has exercised any functions or responsibilities with respect to HOPWA-assisted activities, or who is in a position to participate in a decision making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from the HOPWA-assisted activity, or have any interest in any contract, subcontract, or agreement with respect thereto, or with respect to the proceeds thereunder, either for himself or herself or for those with whom he or she has family or business ties, during his or her tenure or for one (1) year thereafter. ARTICLE XX. INDEMNIFICATION Project Sponsor shall defend, hold harmless and indemnify Augusta from and against any and all liability, injury, loss, claims, damages, costs, attorneys' fees and expenses of whatever kind or nature which Augusta may sustain, suffer or incur or be required to pay by reason of: (1) The loss of any monies paid to Project Sponsor; (2)Fraud, defalcation or dishonesty on the part of any person representing, employed, contracting, or subcontracting by Project Sponsor; (3) Any act, omission, wrongdoing, misconduct, want of care or skill, negligence or default on the part of Project Sponsor or any of its contractors, subcontractors,material men, suppliers or laborers in the execution or performance of this Agreement: or (4) A judgment regardless of whether such judgement is covered by the insurance required under Article XII of this Agreement. Augusta Housing and Community Development Department Page 11 ARTICLE XXVII. SEVERABILITY If any item or provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remainder of the Agreement shall not be affected and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. ARTICLE XXVIII. NOTICE AND GENERAL CONDITIONS All notices which may be given pursuant to this Agreement shall be in writing and shall be delivered by personal service or by certified mail return receipt requested addressed to the parties at their respective addresses indicated below or as the same may be changed in writing from time to time. Such notice shall be deemed given on the day on which personally served, or if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. Housing& Community Dev. Dept Promise Land Community Development Corporation Attn: Hawthorne Welcher, Jr., Director Executive Director— Sheila Boazman. 925 Laney Walker Blvd. 2nd Floor 2409 Amsterdam Drive Augusta, Georgia 30901 Augusta, Georgia 30906 ARTICLE XXIX. MERGER CLAUSE This Agreement together with the Exhibits hereto sets forth the entire agreement between the parties and there are no promises or understandings other than those stated therein. Any and all Exhibits referenced in this Agreement shall be deemed to be incorporated by reference as though set forth in full herein. In the event of a conflict or inconsistency between this Agreement and the provisions in the incorporated Exhibits, then this Agreement will prevail. ARTICLE XXX. ESTOPPEL/WAIVER The failure of the City to enforce any term or condition of this Agreement shall not constitute a waiver or estoppel of any subsequent violation of this Agreement. 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