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HomeMy WebLinkAboutAGREEMENTS BETWEEN AUGUSTA, GA AND CSRA EOA_ CDBG GRANT #18017, CDBG GRANT #18021, CDBG GRANT #18022 AGREEMENT Between AUGUSTA,GEORGIA Through HOUSING AND COMMUNITY DEVELOPMENT DEPARTMENT AND CSRA ECONOMIC OPPORTUNITY AUTHORITY,INC. For 2018 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM This Agreement is made and entered into this 1st day of January, 2018, 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 CSRA 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 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. 2018 CDBG AGREEMENT (CSRA EOA) Page 1 16. 1 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. 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. 2018 CDBG AGREEMENT (CSRA EOA) Page 2 Low and Moderate Income Household The term "Low and Moderate Income Household"shall mean a household having a total income equal to or less than the Section 8 low income limit established by HUD. Low and Moderate Income Person The term "Low and Moderate Income Person" shall mean a member of a family having a total income equal to or less than the U.S. Department of Housing and Urban Development(HUD) established Section 8 low income limit. This limit has been set as 80% of Area Median Income. Individuals not related by birth or by marriage will be considered as one-person families for this purpose. Participating Jurisdiction The term given to any State or local government that HUD has designated to administer a CDBG Program. HUD designation as a Pi 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. Proiect 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 2018 CDBG AGREEMENT (CSRA EOA) Page 3 provisions. These statements, representations, and explanations may be relied upon by the parties as essential elements of the mutual considerations upon which this Agreement is based. A. Title I of the Housing and Community Development Act of 1974, P. L. 93-383 (hereinafter the "Act")consolidated several existing programs for Community Development into a single program of Community Development Block Grants (hereinafter "CDBG")for the purpose of allowing local discretion in the determination of needs and prioritization of community development. The Mayor, Augusta, Georgia Commission and the citizens of Augusta, Georgia through citizen participation workshops have determined the needs and prioritization of community development in Augusta,Georgia. B. Pursuant to HUD regulations, 24 CFR 570.200 (a), certain projects were included in Augusta's CDBG submission to HUD, referred to as the Annual Plan. Augusta determined that each of the individual projects included in the Annual Plan address one or more of the following three national objectives: 1. Activities benefiting low and moderate income persons; 2. Activities which aid in the prevention or elimination of slum and/or blight; 3. Activities designed to meet community development needs having a particular urgency. Augusta has determined that the Project is a CDBG eligible activity because it addresses one or more of these objectives. 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, dollars and zero cents($24,000)(hereinafter the "Grant")to implement the following project(s): Central Intake&Assessment—(Marion Barnes Homeless Resource Center) The Marion Barnes Homeless Resource Center Centralized Intake & Assessment Center will provide a central,effective and efficient point of contact for assessing individuals and families who are experiencing a housing crisis. It will help them to identify the most appropriate housing intervention to end their housing crisis, and for those whose housing crisis places them or results in homelessness,the center will assist them in finding community resources to maintain housing. Said project is more fully set forth in Exhibit"A" attached hereto and made a part hereof. 2018 CDBG AGREEMENT (CSRA EOA) Page 4 ARTICLE IV: NOTICES Sub-recipient and the Grantee agree that all notices required by this Agreement shall be in writing and delivered through one of the following: U.S. Mail (postage prepaid), commercial courier, personal delivery, facsimile, or other electronic means. Any notice delivered as aforesaid shall be effective on the date of delivery. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. Communication and details concerning this Agreement shall be directed to the following Agreement representatives: Grantee: Augusta, Georgia Attention: Hardie Davis,Jr., Mayor 535 Telfair Street,Suite 200 Augusta, Georgia 30901 With copy to: Housing and Community Development Department Attention: Hawthorne Welcher,Jr., Director 925 Laney-Walker Boulevard, 3rd Floor Augusta, Georgia 30901 If to Sub-recipient: CSRA Economic Opportunity Authority, Inc. Attention: Mary Harrison, CSBG Director 1261 Greene Street Augusta, GA 30901 Contact person: Mary Harrison Email: mharrison@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 2018 CDBG AGREEMENT (CSRA EOA) Page 5 under this Agreement. The Grantee shall be exempt from payment of all Unemployment Compensation; FICA; Retirement; Life and/or Medical insurance; and Workers' Compensation Insurance, because the Sub-recipient is an Independent Contractor. C. Construction Sites All contracts for contractors performing demolition and/or construction projects for Augusta, Georgia shall contain a provision requiring that all debris, trash and rubble form the project be transported to and disposed of at the Augusta, Georgia Solid Waste Landfill in accordance with local and state regulations. The contractor shall provide evidence of proper disposal through manifests; which shall include the types of material disposed of, the name and location of the disposal facility,date of disposal and all related fees. D. Hold Harmless The Sub-recipient shall hold harmless, defend and indemnify the Grantee,and its employees and agents from any and all liabilities, demands, damages, losses, claims, actions, suits, charges, judgments and expenses, including attorney's fees, that arise out of the Sub-recipient's performance or nonperformance of the services or subject matter as required in this Agreement. E. Workers'Compensation The Sub-recipient shall provide Workers' Compensation Insurance coverage for all of its employees involved in the performance of this Agreement, if applicable. F. Insurance and Bonding The Sub-recipient shall carry sufficient insurance coverage to protect Contract assets from loss due to theft, fraud and/or undue physical damage, and as a minimum shall purchase a blanket fidelity bond covering all employees in an amount equal to cash reimbursements/advances from the Grantee. The Sub-recipient shall, at all times that this Agreement is in effect, cause to be maintained in force and effect an insurance policy(s)that will ensure and indemnify the Grantee against liability or financial loss resulting from injuries occurring to persons or property or occurring as a result of any negligent error, act, or omission of the Sub-recipient in performance of the work during the term of this Agreement. The Sub-recipient shall provide, at all times that this agreement is in effect, Worker's Compensation Insurance in accordance with the laws of the State of Georgia. The Sub-recipient shall provide,at all times that this Agreement is in effect, Insurance with limits of not less than: A. Workmen's Compensation Insurance—in accordance with the laws of the State of Georgia. B. Public Liability Insurance C. Property Damage Insurance D. Valuable Papers Insurance—in an amount sufficient to assure the restoration of 2018 CDBG AGREEMENT (CSRA EOA) Page 6 any plans, drawings,field notes,or other similar data relating to the work covered by the Project. E. Professional Liability Insurance— Grantee will be named as an additional insured with respect to Sub-recipient's liabilities hereunder in insurance coverage's identified in items(b) and (c). The policies shall be written by a responsible company(s), to be approved by the Grantee, and shall be non-cancellable except on thirty-(30) days' written notice to the Grantee. Such policies shall name the Grantee as co-insured,except for worker's compensation and professional liability policies, and a copy of such policy or a certificate of insurance shall be filed with the Director at the time of the execution of this Agreement. G. Grantee's Recognition The Sub-recipient shall insure recognition of the role of the Grantee in providing services through this Agreement. All activities, facilities and items utilized pursuant to this Agreement shall be prominently labeled as to funding source. In addition, the Sub-recipient will include a reference to the support provided herein in all publications made possible with funds made available under this Agreement, and shall: a. acknowledgement of Augusta, Georgia as grantee b.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, 2018 CDBG AGREEMENT (CSRA EOA) Page 7 as it deems necessary. If such amendments result in a change(i) in the funding, (ii)the scope of services,or(iii) schedule of the activities to be undertaken as part of this Agreement,such modifications will be incorporated only by written amendment signed by both the Grantee and Sub-recipient. 6. The Sub-recipient shall be allowed only one amendment to this Agreement, unless otherwise deemed necessary at the discretion of the 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$_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 2018 CDBG AGREEMENT (CSRA EOA) Page 8 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. 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. 2018 CDBG AGREEMENT (CSRA EOA) Page 9 B. Documentation and Recordkeeping 1. Records to be Maintained The Sub-recipient shall maintain all records required by the Federal regulations specified in 24 CFR 570.506, which are pertinent to the activities to be funded under this Agreement. Such records shall include, but not be limited to: a) Records providing a full description of each activity undertaken; b) Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program; c) Records required to determine the eligibility of activities; d) Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; e) Records documenting compliance with the Fair Housing and Equal Opportunity components of the CDBG program; f) Financial records as required by 24 CFR 570.502 and 24 CFR 84.21-28; and other records necessary to document compliance with Subpart K of 24 CFR Part 570. 2. Retention The Sub-recipient shall retain all financial records, supporting documents, statistical records, and all other records pertinent to the Agreement for a period of five (5) years. The retention period begins on the submission date of the Grantee's annual performance and evaluation report to HUD, in which the activities assisted under the 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 2018 CDBG AGREEMENT (CSRA EOA) Page 10 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 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 audit-shall be submitted to Grantee. C. Reporting and Payment Procedures 1. Program Income The Sub-recipient shall provide "monthly" reports on all program income [as defined at 24 CFR 570.500 (a)] generated by activities carried out with CDBG funds made available under this Agreement. The use of program income by the Sub-recipient shall comply with the requirements set forth at 24 CFR 570.504. By way of further limitations, the Sub- recipient may use such income during the Agreement period for activities permitted under this Agreement, and shall reduce requests for additional funds by the amount of any such program income balances on hand. All unexpended program income shall be 2018 CDBG AGREEMENT (CSRA EOA) Page 11 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). 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 Calculator to assess the participants' income eligibility, which can be found at https://www.hudexchange.info/incomecalculator/which shall be submitted with Sub-recipient's Monthly Progress Report. The Monthly Progress Report and Income 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 time signed sheets as backup documentation for salary reimbursement. In addition, the Sub-recipient shall submit mileage, if applicable. (3) Request for reimbursements by Sub-recipient shall have the following attached: invoices, cancelled checks, receipts or other documentation evidencing funds expended by Sub-recipient. (4) The Grantee agrees to reimburse costs allowable under Federal, State and Local laws and guidelines. b) Upon receiving the invoices, reports and other material, the Department shall audit such documentation to determine whether the items invoiced are eligible for reimbursement under applicable Federal,State and Local laws and regulations. 2018 CDBG AGREEMENT (CSRA EOA) Page 12 c) The Department shall authorize the Grantee's Financial Officer to reimburse the Sub- recipient for all costs it determines are eligible for reimbursement, pursuant to the audit. Payments will be made on a monthly basis with a 30-day turnaround period by Grantee. Requests for payments must be received by Grantee not later than the 15th day of each calendar month for work performed during the preceding calendar month. The Sub-recipient shall not claim reimbursement from the Grantee for portions of its obligations which have been paid by another source of revenue. d) The Grantee will pay the Sub-recipient funds available under this Agreement based upon information submitted by the Sub-recipient, which is consistent with any approved budget and the Grantee policy concerning payments. The Grantee reserves the right to liquidate funds available under this Agreement for costs incurred by the Grantee on behalf of the Sub-recipient. e) The terms of this agreement supersede any and all provisions of the Georgia Prompt Pay Act. 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. 2018 CDBG AGREEMENT (CSRA EOA) Page 13 b) To the extent that the pricing provided by the Sub-recipient/Contractor is erroneous and defective, the parties may, by agreement, correct pricing errors to reflect the intent of the parties. c) Sub-recipient shall make positive efforts to utilize small business and minority owned business sources, as well as women-owned businesses, for supplies and services, as required by Federal guidelines. Augusta enforces DBE requirements and/or DBE goals set by Federal and/or State Agencies in accordance with State and Federal laws. The U.S. District Court for the Southern District of Georgia has entered an Order enjoining the Race-Based portion of Augusta, Georgia's DBE Program. (A copy of this Order may be obtained at: http://www.augustaga.gov/index.aspx?NID=1448). Thus, Augusta, Georgia does not have or operate a Disadvantaged Business Enterprise (DBE),Minority Business Enterprise (MBE) or Women owned Business Enterprise (WBE) program for projects (or portions of projects) having Augusta, Georgia as the source of funding. 2. OMB Standards Unless specified otherwise within this agreement, the Sub-recipient shall procure all materials, property,or services in accordance with the requirements of 24 CFR 84.40-48. 3. Travel The Sub-recipient shall obtain written approval from the Grantee for any travel outside the metropolitan area with funds provided under this Agreement. 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. 2018 CDBG AGREEMENT (CSRA EOA) Page 14 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. 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 2018 CDBG AGREEMENT (CSRA EOA) Page 15 understands that no person shall be discriminated against on the grounds of race, color, national origin, age, familial status, handicap, or sex. Further, the Sub-recipient understands and agrees that it will immediately take any measures necessary to effectuate this policy. For the benefit of interested parties, all subcontractors will be notified of the policy provisions. Notice of the policy will be placed in plain sight at the Project location. 2. Nondiscrimination The Sub-recipient agrees to comply with the Non-discrimination in Employment and Contracting Opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279. The applicable Non-discrimination provisions in Section 109 of the Housing and Community Development Act also apply. 3. Land Covenants This Agreement is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P. L. 88-352), 24 CFR 570.601 and 24 CFR 570.602. In regard to the sale, lease,or other transfer of land acquired,cleared, or improved with assistance provided under this Agreement,the Sub- recipient shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer,which prohibits discrimination as herein defined, in the sale, lease, rental, use, or occupancy of such land, or in any improvements erected or to be erected thereon. Such covenant shall provide that the Grantee and the United States are beneficiaries of such covenant and are entitled to enforce such. The Sub-recipient, in undertaking its obligation to carry out the program assisted hereunder,agrees to take such measures,as are necessary to enforce such covenant, and agree it will not so discriminate. 4. Section 504 The Sub-recipient agrees to comply with all Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), which prohibits discrimination against individuals with disabilities or handicaps in any Federally Assisted Program. The Grantee shall provide the Sub-recipient with all applicable guidelines necessary for compliance with said section throughout the term of this Agreement. B. U.S. President Executive Order 11246 1. Approved Plan The Sub-recipient agrees that pursuant to the Grantee's specification, it shall be committed to carry out the principles provided in President's Executive Order 11246 of September 24, 1965. The Grantee shall provide program guidelines to the Sub-recipient to assist in the formulation of such program, and the Sub-recipient shall submit a plan for approval prior to the award of funds. 2018 CDBG AGREEMENT (CSRA EOA) Page 16 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. 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. 2018 CDBG AGREEMENT (CSRA EOA) Page 17 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. 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- 2018 CDBG AGREEMENT (CSRA EOA) Page 18 recipient and any of the Sub-recipient's subcontractors and,their successors and assigns, to sanctions specified by the agreement through which Federal assistance is provided. The Sub-recipient certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. The Sub-recipient further agrees to comply with the "Section 3" requirements and to include the following language in all subcontracts executed under this Agreement. "The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended(12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible, opportunities for training and employment be given to low and very low income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low and very low income persons residing in the metropolitan area in which the project is located." The Sub-recipient further agrees to ensure that opportunities for training and employment arising in connection with a Housing Rehabilitation (including reduction and abatement of lead-based paint hazards), Housing Construction, or other Public Construction Project are given to low and very low income persons residing within the metropolitan area in which the CDBG-funded project is located. Where feasible, priority should be given to low and very low income persons within the service area of the project or the neighborhood in which the project is located, and to low and very low income participants in other HUD programs. Sub-recipient further agrees, where feasible to award contracts for work undertaken in connection with a Housing Rehabilitation (including reduction and abatement of lead-based paint hazards), Housing Construction, or other Public Construction Project to business concerns that provide economic opportunities for low and very low income persons residing within the metropolitan area in which the CDBG-funded project is located. Where feasible, priority should be given to business concerns that provide economic opportunities to low and very low income residents within the service area or the neighborhood in which the project is located and to low and very low income participants in other HUD programs. 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. 2018 CDBG AGREEMENT (CSRA EOA) Page 19 c) Subcontracts The Sub-recipient will include this Section 3 clause in every subcontract and will take appropriate action in accordance with the subcontract, upon a finding that the subcontractor is in violation of regulations issued by the grantor agency. The Sub- recipient will not enter into any subcontract with any entity that it has notice or knowledge that the subcontractor (the latter) has been found to be in violation of regulations under 24 CFR Part 135, nor will not let any subcontract, unless and until, the entity has first provided a preliminary statement of ability to comply with the requirements of these regulations. D. Conduct 1. Assignability The Sub-recipient shall not assign or transfer any interest in this Agreement, without prior written consent of the Grantee thereto provided. However, claims for money due or to become due to the Sub-recipient from the Grantee under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to the Grantee. 2. Subcontracts a) Approvals The Sub-recipient shall not enter into any subcontracts with any agency or individual in the performance of this Agreement without the prior written consent of the Grantee. b) Monitoring The Sub-recipient shall monitor all subcontracted services on a regular basis to assure Agreement compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow-up actions taken to correct areas of noncompliance. c) Content The Sub-recipient shall cause all of the provisions of this Agreement in its entirety to be included in and made a part of any subcontract executed in the performance of this Agreement. d) Selection Process The Sub-recipient shall undertake to ensure that all subcontracts let in the performance of this Agreement shall be awarded on a fair and open competition basis in accordance with applicable procurement requirements. Executed copies of all subcontracts shall be forwarded to the Grantee, along with documentation concerning the selection process. 2018 CDBG AGREEMENT (CSRA EGA) Page 20 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)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 2018 CDBG AGREEMENT (CSRA EOA) Page 21 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. H. Copyright If this Agreement results in any copyrightable material or inventions,the Grantee and/or grantor agency reserves the right to royalty-free, non-exclusive and irrevocable license to reproduce, publish or otherwise use and to authorize others to use,the work or materials for governmental purposes. I. Religious Activities The Sub-recipient agrees that funds provided under this Agreement will not be utilized for inherently religious activities prohibited by 24 CFR 570.200 (j), to include, but not limited to, worship, religious instruction,or proselytization. ARTICLE IX: ENVIRONMENTAL CONDITIONS A. Air and Water The Sub-recipient agrees to comply with the following requirements, insofar as they apply to the performance of this Agreement: 2018 CDBG AGREEMENT (CSRA EOA) Page 22 - Clean Air Act,42 U.S.C., 7401,et seq.; - Federal Water Pollution Act, as amended, 33 U.S.C., 1251 et seq., as amended, 1318 relating to inspection, monitoring, entry, reports and information, as well as other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder; - Environmental Protection Agency(EPA) regulations pursuant to 40 CFR Part 50,as amended. B. Flood Disaster Protection In accordance with the requirements of the Flood Disaster Protection Act of 1973(42 U.S.C.4001), the Sub-recipient shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance, under the National Flood Insurance Program, is obtained and maintained as a condition of financial assistance for acquisition or construction purposes(including rehabilitation). C. Lead-Based Paint The Sub-recipient agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to HUD Lead-Based Paint regulations at 24 CFR 570.608, and 24 CFR Part 35, Subpart B. Such regulations pertain to all CDBG-assisted housing and require that all owners, prospective owners and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead-based paint. Such notification shall list the hazards of lead-based paint and explain the following: (1) symptoms, (2) treatment and(3)precautions that should be taken when dealing with lead-based paint poisoning and (4) the advisability and availability of blood lead level screening for children under the age seven (7). The notice should also state that if lead-based paint is found on the property, that abatement measures may be undertaken. The regulations further require that,depending on the amount of Federal funds applied to a property, the following may be conducted: paint testing, risk assessment,treatment and/or abatement. 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. 2018 CDBG AGREEMENT (CSRA EOA) Page 23 ARTICLE XI: SECTION HEADINGS AND SUBHEADINGS The section headings and subheadings contained in this Agreement are included only for convenience and shall not limit or otherwise effect the terms of this Agreement. ARTICLE XII: WAIVER The Grantee's failure to act upon a breach by the Sub-recipient does not waive the Grantee's right to act upon any subsequent or similar breach of this Agreement by Sub-recipient. The failure of the Grantee to exercise or enforce any right or provision shall not constitute a waiver of such right or provision as provided for in this Agreement. ARTICLE XIII: GOVERNING LAW AND VENUE The law of the State of Georgia shall govern this Agreement between Grantee and Sub-recipient with regard to its interpretation and performance, and any other claims related to this agreement, which are not specifically governed by Federal Law. All claims, disputes and other matters in question between Grantee and Sub-recipient arising out of or relating to this Agreement, or the breach thereof, shall be decided in the Superior Court of Richmond County, Georgia, if not specifically governed by Federal Law. The Sub-recipient, by executing this Agreement, specifically consents to jurisdiction and venue in Richmond County and waives any right to contest the jurisdiction and venue in the Superior Court of Richmond County, Georgia. ARTICLE XIV: ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the Grantee and the Sub-recipient for the use of funds received under this Agreement,and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the Grantee and the Sub-recipient with respect to this Agreement. ARTICLE XV: SUB-RECIPIENT ACKNOWLEDGEMENT "Sub-recipient acknowledges that this contract and any changes to it by amendment, modification, change order or other similar document may have required or may require the legislative authorization of the Board of Commissioners and approval of the Mayor. Under Georgia law,Sub-recipient is deemed to possess knowledge concerning Augusta, Georgia's ability to assume contractual obligations and the consequences of Sub-recipient's provision of goods or services to Augusta, Georgia under an unauthorized contract, amendment, modification, change order or 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 provides goods or services to Augusta, Georgia in excess of the contractually authorized goods or services, as required by Augusta, Georgia's Charter and Code,Augusta, Georgia may withhold payment for any unauthorized goods or services provided by Sub-recipient.Sub-recipient assumes all risk of non- payment for the provision of any unauthorized goods or services to Augusta, Georgia, and it waives all claims to payment or to other remedies for the provision of any unauthorized goods or services to Augusta, Georgia,however characterized, including, without limitation, all remedies at law or equity." This acknowledgement shall be a mandatory provision in all Augusta, Georgia contracts for goods and services, except revenue producing contracts 2018 CDBG AGREEMENT (CSRA EOA) Page 24 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 0.C.G.A. § 13-10-91,stating affirmatively that the individual,firm, or corporation which is contracting with Augusta, Georgia has registered with and is participating in a federal work authorization program. All contractors and subcontractors must provide their E-Verify number and must be in compliance with the electronic verification of work authorized programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986(IRCA), P.L. 99-603, in accordance with the applicability provisions and deadlines established in 0.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 0.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] 2018 CDBG AGREEMENT (CSRA EOA) Page 25 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) By: 4• ifigleiff,,,e y: 1\1:e7, "Andrew Mackenzie,asGeneral Counsel Mayor Ham- ,* , r.as its Mayor / Date: 3 , I -t Da e: 4 PENA 1131trt • __,Mk_ - e All n Jackson, i S Its Alinistrator Ha t •rn Welcher,Jr. :s i Director D 3 5 . ._ x. Date: �.',..:2 . \C; 44'' ,,, Affix Se 1 19?+ By: f//J, 4.V,/1 i//,t1 Lena J. Bo fr,a . rk of Commission i tj* -4,, 4,'"/ i F. , %4 i; ATTEST: CSRA Economic Op�c ymAUthority, Inc. I Sub-recipient ,p By. 4,zk s � ,, ' Date. 11 J 1 M rion E. Barnes, As its President /// By: a ,, �� Date: ,.:;,-;1',714// il I. Angel Little,,As„its Corporate Secretary By:f z y`� G�� !J Date: 2/4/16) Wit ess SEAL 2018 CDBG AGREEMENT (CSRA EGA) Page 26 EXHIBIT"A" SCOPE OF SERVICES AND TIMETABLE The Sub-recipient will be responsible for administering the Centralized Intake,Assessment and Referral services 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: K. SCOPE OF SERVICES A. Activities The Sub-recipient (Marion Barnes Homeless Resource Center for Centralized Intake and Assessment)will provide an effective and efficient process for assessing individuals/families who are experiencing a housing crisis. Will assist and help to identify the most appropriate housing intervention to prevent an episode of homelessness, by referring to appropriate community resources for assistance for ESG eligible clients. Program Delivery Sub-recipient will provide intake and assessment at our central office located at 730 E. Boundary St.,Augusta GA 30901. The hours of operation will be Monday through Friday 8:30AM to 5PM. General Administration The Board of Directors manages the Sub-recipient; the ExecutiGe Director'manages the agency, finances, 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. 2018 CDBG AGREEMENT (CSRA EOA) Page 27 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 Clients provided Intake and 25 individuals/families 300 Referral Service Reduce average length of 2-3 individuals/families 25 shelter stay Refer individual/family to 5 individuals/families 50 Mainstream benefits D. Staffin Maria Beard -Case Manager-37.5hrs/week-66%of salary reimbursed 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. 2018 CDBG AGREEMENT (CSRA EOA) Page 28 II. TIME OF PERFORMANCE Services of the Sub-recipient shall start on January 1,2018 and end December 31,2019. 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 UPDATE Line item Amount Staff Salary $16,000.00 Fringe Benefits $8000.00 Total $24,000.00 Any amendments to the budget must be in writing and approved, in writing,by the Grantee's Director of Housing and Community Development Department. 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 dollars and Zero cents($24,0000.00). 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. 2018 CDBG AGREEMENT (CSRA EOA) Page 29 EXHIBIT"B" PROGRAM REQUIREMENTS Sub-recipient shall operate this project funded through the Augusta Georgia's Community Development Block Grant Program according to the following guidelines: 1. At a minimum,Accounting and related records of Sub-recipient shall be comprised of the following: a. Voucher System-All supporting documentation, including, but not limited to, purchase order, invoices, receiving reports,and requisitions. b. Books of Original Entry-Cash receipts, disbursements journal, and general ledger. c. Chart of Accounts-Listing of accounts must be maintained in an accounting system. d. Personnel Records - Separate personnel files shall be maintained for each project employee. At a minimum, the file shall contain the following: (i) a resume of the employee,(ii)a description of duties assigned,(iii)a record of the date employed,(iv)rate of pay at the time of employment, (v) subsequent pay adjustments, and (vi) documentation supporting leave taken by the employee. e. Attendance Record -Attendance records shall be maintained for all personnel paid with CDBG funds. This shall apply to part-time and full-time personnel. In addition to accounting for daily attendance,the type of leave taken (i.e. annual, sick,or other), shall be disclosed and documented. Daily attendance records must support budgetary changes for payroll purposes. f. Payroll Records - Formal payroll records supporting cash disbursements to employees shall be maintained. Such records shall disclose the following information for each employee: (i) name,(ii)job title,(iii)social security number,(iv)date hired, (v)rate of pay, and (vi) all required deductions for tax purposes. Timely quarterly payment of taxes, which are withheld from employees for the Federal Government,and required matching costs,shall be documented in payroll records. In 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 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 2018 CDBG AGREEMENT (CSRA EOA) Page 30 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 least five (5)years after termination of the Grantee's award. The records shall be made available to the Grantee, HUD and/or any of their authorized representatives. 3. Sub-recipient should maintain records in an orderly manner, with systematic identification for different federal time periods. Records must be protected from fire or other perils. If records are stored in a location other than the project site, they shall be readily accessible to the Grantee's staff, HUD officials,and others who may be authorized to examine such records. 4. Report Schedule REPORT DUE DATE PERIOD COVERED Monthly Progress Report 15th day of each month (Jan. — For Prior Months'Activities Dec.) 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 2018 CDBG AGREEMENT (CSRA EOA) Page 31 Milk 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,Checklist& Itemization 2. Participant Income Eligibility"Exhibit D" 3. Monthly Progress Report"Exhibit E" 4. Annual Performance Report "Exhibit F" 5. Income Eligibility Calculation Worksheet (https://www.hudexchange.info/incomecalculator/) 6. FY 2018 Income Limits 7. Time Sheet(Use if applicable) 8. Bid Tabulation (Use if applicable) 9. Quote Tabulation (Use if applicable) 10. Travel Log(Use if applicable) 11. Inventory Form (Use if applicable) 2018 CDBG AGREEMENT (CSRA EOA) Page 32 AGREEMENT Between AUGUSTA,GEORGIA Through HOUSING AND COMMUNITY DEVELOPMENT DEPARTMENT AND CSRA ECONOMIC OPPORTUNITY AUTHORITY,INC. For 2018 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM This Agreement is made and entered into this 1st day of January,2018, 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 CSRA 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 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. 2018 CDBG AGREEMENT (CSRA EOA-Sibley) Page 1 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. 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. 2018 CDBG AGREEMENT (CSRA EOA-Sibley) Page 2 Low and Moderate Income Household The term "Low and Moderate Income Household"shall mean a household having a total income equal to or less than the Section 8 low income limit established by HUD. Low and Moderate Income Person The term "Low and Moderate Income Person" shall mean a member of a family having a total income equal to or less than the U.S. Department of Housing and Urban Development (HUD) established Section 8 low income limit. This limit has been set as 80% of Area Median Income. Individuals not related by birth or by marriage will be considered as one-person families for this purpose. Participating Jurisdiction The term given to any State or local government that HUD has designated to administer a CDBG Program. HUD designation as a Pi 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 2018 CDBG AGREEMENT (CSRA EOA-Sibley) Page 3 provisions. These statements, representations, and explanations may be relied upon by the parties as essential elements of the mutual considerations upon which this Agreement is based. A. Title I of the Housing and Community Development Act of 1974, P. L. 93-383 (hereinafter the "Act")consolidated several existing programs for Community Development into a single program of Community Development Block Grants (hereinafter"CDBG") for the purpose of allowing local discretion in the determination of needs and prioritization of community development. The Mayor, Augusta, Georgia Commission and the citizens of Augusta, Georgia through citizen participation workshops have determined the needs and prioritization of community development in Augusta,Georgia. B. Pursuant to HUD regulations, 24 CFR 570.200 (a), certain projects were included in Augusta's CDBG submission to HUD, referred to as the Annual Plan. Augusta determined that each of the individual projects included in the Annual Plan address one or more of the following three national objectives: 1. Activities benefiting low and moderate income persons; 2. Activities which aid in the prevention or elimination of slum and/or blight; 3. Activities designed to meet community development needs having a particular urgency. Augusta has determined that the Project is a CDBG eligible activity because it addresses one or more of these objectives. 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- Two Thousand, Five Hundred and Sixty dollars and zero cents($22,560.00) (hereinafter the "Grant") to implement the following project(s): Permanent Housing for Persons with Disabilities Program Sub-recipient will provide 7 individuals with disabilities with permanent housing and services. Said project is more fully set forth in Exhibit"A" attached hereto and made a part hereof. 2018 CDBG AGREEMENT (CSRA EOA-Sibley) Page 4 ARTICLE IV: NOTICES Sub-recipient and the Grantee agree that all notices required by this Agreement shall be in writing and delivered through one of the following: U.S. Mail (postage prepaid), commercial courier, personal delivery, facsimile, or other electronic means. Any notice delivered as aforesaid shall be effective on the date of delivery. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. Communication and details concerning this Agreement shall be directed to the following Agreement representatives: Grantee: Augusta, Georgia Attention: Hardie Davis,Jr., Mayor 535 Telfair Street,Suite 200 Augusta, Georgia 30901 With copy to: Housing and Community Development Department Attention: Hawthorne Welcher,Jr., Director 925 Laney-Walker Boulevard, 3rd Floor Augusta, Georgia 30901 If to Sub-recipient: CSRA Economic Opportunity Authority, Inc. Attention: Mary Harrison, CSBG Director 1261 Greene Street Augusta, GA 30901 Contact person: Mary Harrison Email: mharrison@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 2018 CDBG AGREEMENT (CSRA EOA-Sibley) Page 5 under this Agreement. The Grantee shall be exempt from payment of all Unemployment Compensation; FICA; Retirement; Life and/or Medical insurance; and Workers' Compensation Insurance, because the Sub-recipient is an Independent Contractor. C. Construction Sites All contracts for contractors performing demolition and/or construction projects for Augusta, Georgia shall contain a provision requiring that all debris, trash and rubble form the project be transported to and disposed of at the Augusta, Georgia Solid Waste Landfill in accordance with local and state regulations. The contractor shall provide evidence of proper disposal through manifests; which shall include the types of material disposed of, the name and location of the disposal facility, date of disposal and all related fees. D. Hold Harmless The Sub-recipient shall hold harmless, defend and indemnify the Grantee, and its employees and agents from any and all liabilities, demands, damages, losses, claims, actions, suits, charges, judgments and expenses, including attorney's fees, that arise out of the Sub-recipient's performance or nonperformance of the services or subject matter as required in this Agreement. E. Workers' Compensation The Sub-recipient shall provide Workers' Compensation Insurance coverage for all of its employees involved in the performance of this Agreement, if applicable. F. Insurance and Bonding The Sub-recipient shall carry sufficient insurance coverage to protect Contract assets from loss due to theft, fraud and/or undue physical damage, and as a minimum shall purchase a blanket fidelity bond covering all employees in an amount equal to cash reimbursements/advances from the Grantee. The Sub-recipient shall, at all times that this Agreement is in effect, cause to be maintained in force and effect an insurance policy(s)that will ensure and indemnify the Grantee against liability or financial loss resulting from injuries occurring to persons or property or occurring as a result of any negligent error, act, or omission of the Sub-recipient in performance of the work during the term of this Agreement. The Sub-recipient shall provide, at all times that this agreement is in effect, Worker's Compensation Insurance in accordance with the laws of the State of Georgia. The Sub-recipient shall provide,at all times that this Agreement is in effect, Insurance with limits of not less than: A. Workmen's Compensation Insurance—in accordance with the laws of the State of Georgia. B. Public Liability Insurance C. Property Damage Insurance D. Valuable Papers Insurance—in an amount sufficient to assure the restoration of 2018 CDBG AGREEMENT (CSRA EOA-Sibley) Page 6 any plans, drawings,field notes, or other similar data relating to the work covered by the Project. E. Professional Liability Insurance— Grantee will be named as an additional insured with respect to Sub-recipient's liabilities hereunder in insurance coverage's identified in items (b) and (c). The policies shall be written by a responsible company(s), to be approved by the Grantee, and shall be non-cancellable except on thirty-(30) days' written notice to the Grantee. Such policies shall name the Grantee as co-insured,except for worker's compensation and professional liability policies, and a copy of such policy or a certificate of insurance shall be filed with the Director at the time of the execution of this Agreement. G. Grantee's Recognition The Sub-recipient shall insure recognition of the role of the Grantee in providing services through this Agreement. All activities, facilities and items utilized pursuant to this Agreement shall be prominently labeled as to funding source. In addition, the Sub-recipient will include a reference to the support provided herein in all publications made possible with funds made available under this Agreement, and shall: a. acknowledgement of Augusta, Georgia as grantee b.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, 2018 CDBG AGREEMENT (CSRA EOA-Sibley) Page 7 as it deems necessary. If such amendments result in a change (i) in the funding, (ii)the scope of services,or(iii) schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both the Grantee and Sub-recipient. 6. The Sub-recipient shall be allowed only one amendment to this Agreement, unless otherwise deemed necessary at the discretion of the 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 1 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$_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 2018 CDBG AGREEMENT (CSRA EOA-Sibley) Page 8 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. 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 Recordkeeping 2018 CDBG AGREEMENT (CSRA EOA-Sibley) Page 9 1. Records to be Maintained The Sub-recipient shall maintain all records required by the Federal regulations specified in 24 CFR 570.506, which are pertinent to the activities to be funded under this Agreement. Such records shall include, but not be limited to: a) Records providing a full description of each activity undertaken; b) Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program; c) Records required to determine the eligibility of activities; d) Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; e) Records documenting compliance with the Fair Housing and Equal Opportunity components of the CDBG program; f) Financial records as required by 24 CFR 570.502 and 24 CFR 84.21-28; and other records necessary to document compliance with Subpart K of 24 CFR Part 570. 2. Retention The Sub-recipient shall retain all financial records, supporting documents, statistical records, and all other records pertinent to the Agreement for a period of five (5) years. The retention period begins on the submission date of the Grantee's annual performance and evaluation report to HUD, in which the activities assisted under the 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 2018 CDBG AGREEMENT (CSRA EOA-Sibley) Page 10 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 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 ashall be submitted to Grantee. C. Reporting and Payment Procedures 1. Program Income The Sub-recipient shall provide "monthly" reports on all program income [as defined at 24 CFR 570.500 (a)] generated by activities carried out with CDBG funds made available under this Agreement. The use of program income by the Sub-recipient shall comply with the requirements set forth at 24 CFR 570.504. By way of further limitations, the Sub- recipient may use such income during the Agreement period for activities permitted under this Agreement, and shall reduce requests for additional funds by the amount of any such program income balances on hand. All unexpended program income shall be returned to the Grantee at the end of the Agreement period. Any interest earned on cash 2018 CDBG AGREEMENT (CSRA EOA-Sibley) Page 11 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). 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 Calculator to assess the participants' income eligibility, which can be found at www.hudexchange.info/incomecalculator/ which shall be submitted with Sub- recipient's Monthly Progress Report. The Monthly Progress Report and Income 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 time signed sheets as backup documentation for salary reimbursement. In addition, the Sub-recipient shall submit mileage, if applicable. (3) Request for reimbursements by Sub-recipient shall have the following attached: invoices, cancelled checks, receipts or other documentation evidencing funds expended by Sub-recipient. (4) The Grantee agrees to reimburse costs allowable under Federal, State and Local laws and guidelines. b) Upon receiving the invoices, reports and other material, the Department shall audit such documentation to determine whether the items invoiced are eligible for reimbursement under applicable Federal,State and Local laws and regulations. c) The Department shall authorize the Grantee's Financial Officer to reimburse the Sub- recipient for all costs it determines are eligible for reimbursement, pursuant to the 2018 CDBG AGREEMENT (CSRA EOA-Sibley) Page 12 audit. Payments will be made on a monthly basis with a 30-day turnaround period by Grantee. Requests for payments must be received by Grantee not later than the 15th day of each calendar month for work performed during the preceding calendar month. The Sub-recipient shall not claim reimbursement from the Grantee for portions of its obligations which have been paid by another source of revenue. d) The Grantee will pay the Sub-recipient funds available under this Agreement based upon information submitted by the Sub-recipient, which is consistent with any approved budget and the Grantee policy concerning payments. The Grantee reserves the right to liquidate funds available under this Agreement for costs incurred by the Grantee on behalf of the Sub-recipient. e) The terms of this agreement supersede any and all provisions of the Georgia Prompt Pay Act. 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. 2018 CDBG AGREEMENT (CSRA EOA-Sibley) Page 13 b) To the extent that the pricing provided by the Sub-recipient/Contractor is erroneous and defective, the parties may, by agreement, correct pricing errors to reflect the intent of the parties. c) Sub-recipient shall make positive efforts to utilize small business and minority owned business sources, as well as women-owned businesses, for supplies and services, as required by Federal guidelines. Augusta enforces DBE requirements and/or DBE goals set by Federal and/or State Agencies in accordance with State and Federal laws. The U.S. District Court for the Southern District of Georgia has entered an Order enjoining the Race-Based portion of Augusta, Georgia's DBE Program. (A copy of this Order may be obtained at: http://www.augustaga.gov/index.aspx?NID=1448). Thus, Augusta, Georgia does not have or operate a Disadvantaged Business Enterprise (DBE), Minority Business Enterprise (MBE) or Women owned Business Enterprise (WBE) program for projects (or portions of projects) having Augusta, Georgia as the source of funding. 2. OMB Standards Unless specified otherwise within this agreement, the Sub-recipient shall procure all materials, property,or services in accordance with the requirements of 24 CFR 84.40-48. 3. Travel The Sub-recipient shall obtain written approval from the Grantee for any travel outside the metropolitan area with funds provided under this Agreement. 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. 2018 CDBG AGREEMENT (CSRA EOA-Sibley) Page 14 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. 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 2018 CDBG AGREEMENT (CSRA EOA-Sibley) Page 15 understands that no person shall be discriminated against on the grounds of race, color, national origin, age, familial status, handicap, or sex. Further, the Sub-recipient understands and agrees that it will immediately take any measures necessary to effectuate this policy. For the benefit of interested parties, all subcontractors will be notified of the policy provisions. Notice of the policy will be placed in plain sight at the Project location. 2. Nondiscrimination The Sub-recipient agrees to comply with the Non-discrimination in Employment and Contracting Opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279. The applicable Non-discrimination provisions in Section 109 of the Housing and Community Development Act also apply. 3. Land Covenants This Agreement is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P. L. 88-352), 24 CFR 570.601 and 24 CFR 570.602. In regard to the sale, lease,or other transfer of land acquired,cleared,or improved with assistance provided under this Agreement,the Sub- recipient shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer,which prohibits discrimination as herein defined, in the sale, lease, rental, use, or occupancy of such land, or in any improvements erected or to be erected thereon. Such covenant shall provide that the Grantee and the United States are beneficiaries of such covenant and are entitled to enforce such. The Sub-recipient, in undertaking its obligation to carry out the program assisted hereunder,agrees to take such measures, as are necessary to enforce such covenant, and agree it will not so discriminate. 4. Section 504 The Sub-recipient agrees to comply with all Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), which prohibits discrimination against individuals with disabilities or handicaps in any Federally Assisted Program. The Grantee shall provide the Sub-recipient with all applicable guidelines necessary for compliance with said section throughout the term of this Agreement. B. U.S. President Executive Order 11246 1. Approved Plan The Sub-recipient agrees that pursuant to the Grantee's specification, it shall be committed to carry out the principles provided in President's Executive Order 11246 of September 24, 1965. The Grantee shall provide program guidelines to the Sub-recipient to assist in the formulation of such program, and the Sub-recipient shall submit a plan for approval prior to the award of funds. 2018 CDBG AGREEMENT (CSRA EOA-Sibley) Page 16 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. 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. 2018 CDBG AGREEMENT(CSRA EOA-Sibley) Page 17 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. 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- 2018 CDBG AGREEMENT (CSRA EOA-Sibley) Page 18 recipient and any of the Sub-recipient's subcontractors and,their successors and assigns, to sanctions specified by the agreement through which Federal assistance is provided. The Sub-recipient certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. The Sub-recipient further agrees to comply with the "Section 3" requirements and to include the following language in all subcontracts executed under this Agreement. "The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended(12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible, opportunities for training and employment be given to low and very low income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low and very low income persons residing in the metropolitan area in which the project is located." The Sub-recipient further agrees to ensure that opportunities for training and employment arising in connection with a Housing Rehabilitation (including reduction and abatement of lead-based paint hazards), Housing Construction, or other Public Construction Project are given to low and very low income persons residing within the metropolitan area in which the CDBG-funded project is located. Where feasible, priority should be given to low and very low income persons within the service area of the project or the neighborhood in which the project is located, and to low and very low income participants in other HUD programs. Sub-recipient further agrees, where feasible to award contracts for work undertaken in connection with a Housing Rehabilitation (including reduction and abatement of lead-based paint hazards), Housing Construction, or other Public Construction Project to business concerns that provide economic opportunities for low and very low income persons residing within the metropolitan area in which the CDBG-funded project is located. Where feasible, priority should be given to business concerns that provide economic opportunities to low and very low income residents within the service area or the neighborhood in which the project is located and to low and very low income participants in other HUD programs. 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. 2018 CDBG AGREEMENT (CSRA EOA-Sibley) Page 19 c) Subcontracts The Sub-recipient will include this Section 3 clause in every subcontract and will take appropriate action in accordance with the subcontract, upon a finding that the subcontractor is in violation of regulations issued by the grantor agency. The Sub- recipient will not enter into any subcontract with any entity that it has notice or knowledge that the subcontractor (the latter) has been found to be in violation of regulations under 24 CFR Part 135, nor will not let any subcontract, unless and until, the entity has first provided a preliminary statement of ability to comply with the requirements of these regulations. D. Conduct 1. Assignability The Sub-recipient shall not assign or transfer any interest in this Agreement, without prior written consent of the Grantee thereto provided. However, claims for money due or to become due to the Sub-recipient from the Grantee under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to the Grantee. 2. Subcontracts a) Approvals The Sub-recipient shall not enter into any subcontracts with any agency or individual in the performance of this Agreement without the prior written consent of the Grantee. b) Monitoring The Sub-recipient shall monitor all subcontracted services on a regular basis to assure Agreement compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow-up actions taken to correct areas of noncompliance. c) Content The Sub-recipient shall cause all of the provisions of this Agreement in its entirety to be included in and made a part of any subcontract executed in the performance of this Agreement. d) Selection Process The Sub-recipient shall undertake to ensure that all subcontracts let in the performance of this Agreement shall be awarded on a fair and open competition basis in accordance with applicable procurement requirements. Executed copies of all subcontracts shall be forwarded to the Grantee,along with documentation concerning the selection process. 2018 CDBG AGREEMENT (CSRA EGA-Sibley) Page 20 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)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 2018 CDBG AGREEMENT (CSRA EOA-Sibley) Page 21 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 v � This certification is a material representation of fact, upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S.C. Any person who fails to file this required certification shall be subject to a civil penalty of not less than $10,000 and not more than$100,000 for each such failure. H. Copyright If this Agreement results in any copyrightable material or inventions,the Grantee and/or grantor agency reserves the right to royalty-free, non-exclusive and irrevocable license to reproduce, publish or otherwise use and to authorize others to use, the work or materials for governmental purposes. I. Religious Activities The Sub-recipient agrees that funds provided under this Agreement will not be utilized for inherently religious activities prohibited by 24 CFR 570.200 (j), to include, but not limited to, worship, religious instruction,or proselytization. ARTICLE IX: ENVIRONMENTAL CONDITIONS A. Air and Water The Sub-recipient agrees to comply with the following requirements, insofar as they apply to the performance of this Agreement: 2018 CDBG AGREEMENT (CSRA EOA-Sibley) Page 22 - Clean Air Act,42 U.S.C., 7401,et seq.; - Federal Water Pollution Act, as amended, 33 U.S.C., 1251 et seq., as amended, 1318 relating to inspection, monitoring, entry, reports and information, as well as other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder; - Environmental Protection Agency(EPA) regulations pursuant to 40 CFR Part 50,as amended. B. Flood Disaster Protection In accordance with the requirements of the Flood Disaster Protection Act of 1973(42 U.S.C.4001), the Sub-recipient shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance, under the National Flood Insurance Program, is obtained and maintained as a condition of financial assistance for acquisition or construction purposes(including rehabilitation). C. Lead-Based Paint The Sub-recipient agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to HUD Lead-Based Paint regulations at 24 CFR 570.608, and 24 CFR Part 35, Subpart B. Such regulations pertain to all CDBG-assisted housing and require that all owners, prospective owners and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead-based paint. Such notification shall list the hazards of lead-based paint and explain the following: (1) symptoms, (2) treatment and(3)precautions that should be taken when dealing with lead-based paint poisoning and (4) the advisability and availability of blood lead level screening for children under the age seven (7). The notice should also state that if lead-based paint is found on the property, that abatement measures may be undertaken. The regulations further require that,depending on the amount of Federal funds applied to a property, the following may be conducted: paint testing, risk assessment,treatment and/or abatement. 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. 2018 CDBG AGREEMENT (CSRA EOA-Sibley) Page 23 ARTICLE XI: SECTION HEADINGS AND SUBHEADINGS The section headings and subheadings contained in this Agreement are included only for convenience and shall not limit or otherwise effect the terms of this Agreement. ARTICLE XII: WAIVER The Grantee's failure to act upon a breach by the Sub-recipient does not waive the Grantee's right to act upon any subsequent or similar breach of this Agreement by Sub-recipient. The failure of the Grantee to exercise or enforce any right or provision shall not constitute a waiver of such right or provision as provided for in this Agreement. ARTICLE XIII: GOVERNING LAW AND VENUE The law of the State of Georgia shall govern this Agreement between Grantee and Sub-recipient with regard to its interpretation and performance, and any other claims related to this agreement, which are not specifically governed by Federal Law. All claims, disputes and other matters in question between Grantee and Sub-recipient arising out of or relating to this Agreement, or the breach thereof, shall be decided in the Superior Court of Richmond County, Georgia, if not specifically governed by Federal Law. The Sub-recipient, by executing this Agreement, specifically consents to jurisdiction and venue in Richmond County and waives any right to contest the jurisdiction and venue in the Superior Court of Richmond County, Georgia. ARTICLE XIV: ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the Grantee and the Sub-recipient for the use of funds received under this Agreement,and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the Grantee and the Sub-recipient with respect to this Agreement. ARTICLE XV: SUB-RECIPIENT ACKNOWLEDGEMENT "Sub-recipient acknowledges that this contract and any changes to it by amendment, modification, change order or other similar document may have required or may require the legislative authorization of the Board of Commissioners and approval of the Mayor. Under Georgia law,Sub-recipient is deemed to possess knowledge concerning Augusta, Georgia's ability to assume contractual obligations and the consequences of Sub-recipient's provision of goods or services to Augusta, Georgia under an unauthorized contract, amendment, modification, change order or 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 provides goods or services to Augusta, Georgia in excess of the contractually authorized goods or services,as required by Augusta,Georgia's Charter and Code,Augusta, Georgia may withhold payment for any unauthorized goods or services provided by Sub-recipient.Sub-recipient assumes all risk of non- payment for the provision of any unauthorized goods or services to Augusta, Georgia, and it waives all claims to payment or to other remedies for the provision of any unauthorized goods or services to Augusta, Georgia, however characterized, including, without limitation, all remedies at law or equity." This acknowledgement shall be a mandatory provision in all Augusta, Georgia contracts for goods and services, except revenue producing contracts 2018 CDBG AGREEMENT (CSRA EOA-Sibley) Page 24 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 0.C.G.A. § 13-10-91,stating affirmatively that the individual,firm, or corporation which is contracting with Augusta, Georgia has registered with and is participating in a federal work authorization program. All contractors and subcontractors must provide their E-Verify number and must be in compliance with the electronic verification of work authorized programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986(IBCA), P.L. 99-603, in accordance with the applicability provisions and deadlines established in 0.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 0.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] 2018 CDBG AGREEMENT (CSRA EOA-Sibley) Page 25 Elk 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) By: A iitdeld,,Ge By: Andrew Mackenzie,as its General Counsel Mayor Hardie Davis,Jr.as' ayor Date: . I M` Date By: t IA, _ •`` ,II _ ib.— i J• e Allen ack •n,As It• Ad inistrator a th. n Welcher,Jr. :. its Dir- tor Dat Date:—,,—.. - 1 i q AfPk. re r ;, By. a0iii # 'dmii Lena J. Bonn as its Clerk of Commission > g ® s u „ a ar ATTEST: C A EconomidCT.l thority Inc. tka • tis Sub-recipient ( s „w . By: 4 ,,,,.,,,,a- -r;-"*,-1w Date: 3/11/ ' Marion E. Barnes, sits President I 4/ii By: l----- Date: 3/4 I. Angel Littl: As its Corporate Secretary ,% 9 BY: / . .` / / Date: l4--// Witness SEAL 2018 CDBG AGREEMENT (CSRA EOA-Sibley) Page 26 EXHIBIT"A" SCOPE OF SERVICES AND TIMETABLE The Sub-recipient will be responsible for administering the Permanent Housing for Persons with Disabilities 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: K. SCOPE OF SERVICES A. Activities The Sub-recipient (CSRA - EOA) will manage Sibley Street Permanent Housing program and will provide housing to seven (7)special needs individuals and/or families who are homeless and have a documented disability. Sibley Street Permanent Housing program will also be layered with supportive services that will assist the clients in addressing medical needs, learning life skills,and building/increasing self-sufficiency in order to give them the best opportunity to remain housed. Program Delivery The Sibley Street Permanent Housing Program is located on Sibley Street,Augusta GA 30901. Case Manager will be available Monday through Friday 8:30AM to 5PM, and for emergencies as needed. General Administration The Board of Directors manages the Sub-recipient; the Executive Director manages the agency, finances, 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. 2018 CDBG AGREEMENT (CSRA EOA-Sibley) Page 27 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 Provide housing to 7 special 0-1 7 needs individuals 80%of clients will remain in 0-1 6 housing for 6 months 70%of clients will adhere to 0-1 5 case plan for services 80%of clients will increase 0-1 6 self sufficiency D. Staffing Maria Beard -Case Manager-37.5hrs/week-66%of salary reimbursed 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. 2018 CDBG AGREEMENT (CSRA EOA-Sibley) Page 28 II. TIME OF PERFORMANCE Services of the Sub-recipient shall start on January 1,2018 and end December 31,2019. 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 UPDATE Line item Amount Staff Salary $17,560.00 Fringe Benefits $5000.00 Total $22,560.00 Any amendments to the budget must be in writing and approved, in writing, by the Grantee's Director of Housing and Community Development Department. 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 - Two Thousand, Five Hundred and Sixty dollars and zero cents. Drawdowns for the payment of eligible expenses shall be made against the line item budgets specified in Paragraph III herein,and in accordance with performance. Expenses for general administration shall also be paid against the line item budgets specified in Paragraph III,and in accordance with performance. Payments may be contingent upon certification of the Sub-recipient's financial management system in accordance with the standards specified in 24 CFR 84.21. Sub-recipient is also responsible for submitting to the Grantee each of the following: (i) monthly progress reports, (ii) time sheets (if applicable), (iii) mileage (if applicable), (iv) invoices and any other documentation deemed necessary by the monitoring official during the funding cycle. These records shall be retained up to five (5)years after the Agreement expires. EXHIBIT"B" PROGRAM REQUIREMENTS Sub-recipient shall operate this project funded through the Augusta Georgia's Community Development Block Grant Program according to the following guidelines: 1. At a minimum,Accounting and related records of Sub-recipient shall be comprised of the following: a. Voucher System-All supporting documentation, including, but not limited to, purchase order, invoices, receiving reports, and requisitions. b. Books of Original Entry-Cash receipts, disbursements journal, and general ledger. 2018 CDBG AGREEMENT (CSRA EOA-Sibley) Page 29 c. Chart of Accounts- Listing of accounts must be maintained in an accounting system. d. Personnel Records - Separate personnel files shall be maintained for each project employee. At a minimum, the file shall contain the following: (i) a resume of the employee,(ii)a description of duties assigned,(iii)a record of the date employed,(iv)rate of pay at the time of employment, (v) subsequent pay adjustments, and (vi) documentation supporting leave taken by the employee. e. Attendance Record -Attendance records shall be maintained for all personnel paid with CDBG funds. This shall apply to part-time and full-time personnel. In addition to accounting for daily attendance,the type of leave taken (i.e. annual, sick,or other), shall be disclosed and documented. Daily attendance records must support budgetary changes for payroll purposes. f. Payroll Records - Formal payroll records supporting cash disbursements to employees shall be maintained. Such records shall disclose the following information for each employee:(i) name,(ii)job title,(iii)social security number,(iv)date hired,(v)rate of pay, and (vi) all required deductions for tax purposes. Timely quarterly payment of taxes, which are withheld from employees for the Federal Government, and required matching costs,shall be documented in payroll records. In 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 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. 2018 CDBG AGREEMENT (CSRA EOA-Sibley) Page 30 2. All project accounting records and supporting documents shall be maintained for a period of at least five(5)years after termination of the Grantee's award. The records shall be made available to the Grantee, HUD and/or any of their authorized representatives. 3. Sub-recipient should maintain records in an orderly manner, with systematic identification for different federal time periods. Records must be protected from fire or other perils. If records are stored in a location other than the project site, they shall be readily accessible to the Grantee's staff, HUD officials, and others who may be authorized to examine such records. 4. Report Schedule REPORT DUE DATE PERIOD COVERED Monthly Progress Report 15th day of each month (Jan. — For Prior Months'Activities Dec.) 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 2018 CDBG AGREEMENT (CSRA EOA-Sibley) Page 31 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,Checklist& Itemization 2. Participant Income Eligibility"Exhibit D" 3. Monthly Progress Report"Exhibit E" 4. Annual Performance Report"Exhibit F" 5. Income Eligibility Calculation Worksheet 6. FY 2018 Income Limits 7. Time Sheet(Use if applicable) 8. Bid Tabulation (Use if applicable) 9. Quote Tabulation (Use if applicable) 10. Travel Log (Use if applicable) 11. Inventory Form (Use if applicable) 2018 CDBG AGREEMENT (CSRA EOA-Sibley) Page 32 AGREEMENT Between AUGUSTA,GEORGIA Through AUGUSTA HOUSING AND COMMUNITY DEVELOPMENT And CENTRAL SAVANNAH RIVER AREA ECONOMIC OPPORTUNITY AUTHORITY,INC. For YEAR 2018 EMERGENCY SOLUTIONS GRANT(ESG) PROGRAM This Agreement made and entered into this 1ST day of January, 2018, by and between Augusta, Georgia, by and through the Augusta, Georgia Commission, as the Implementer of the Emergency Solutions Grant Program (hereinafter referred to as "Grantee" or"Augusta") and Central Savannah River Area Economic Opportunity Authority(CSRA EOA), 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 (AHCD Act), Public Law 93- 383 and implementing regulations set forth in Title 24 Code of Federal Regulations(CFR) Part 576,relating to Emergency Solutions Grants ("ESG"); and WHEREAS,Augusta,as an Entitlement Grantee for the ESG Program is responsible for the administration, implementation, planning and evaluation within its respective jurisdiction of the ESG Program and for the HUD Consolidated Plan; and WHEREAS,the purpose of the ESG Program includes the following: to help improve the quality of existing Emergency Shelters for the homeless;to help make available additional Emergency Shelters;to help meet the cost of operating Emergency Shelters; to help meet the costs of providing certain essential social services to homeless families and individuals, to ensure these persons have access to safe and sanitary shelter,supportive services and other kinds of assistance needed to attain self-sufficiency; and WHEREAS, the services which are funded by the ESG Program must benefit homeless individuals and families within the respective jurisdiction of Augusta,and in accordance with the income eligibility criteria provided for in the HUD Section 8 Guidelines; and WHEREAS, the Grantee desires to engage the Sub-recipient to render certain services, programs, or assistance in connection with the aforementioned undertakings of the Emergency Solutions Grant Program; NOW,THEREFORE, it is agreed between the parties hereto as follows: ARTICLE I. DEFINITIONS AND IDENTIFICATIONS Unless the context otherwise requires,the capitalized terms used herein,and not otherwise defined,shall have the meaning assigned to them in this Article I Emergency Solutions Grant(ESG)Program The term "Emergency Solutions Grant Program" or "Program" shall mean that program administered by Augusta Housing and Community Development and funded by an Emergency Solutions Grant applied for by Augusta, and awarded by HUD as authorized pursuant to Subtitle B of title IV of the McKinney-Vento Homeless Assistance Act and HUD's regulations at 24 CFR Part 576, as amended. 2018 ESG Agreement(CSRA EOA, Inc.) Page 1 Department The term "Department" shall mean the Augusta Housing and Community Development. Grantee The term "Grantee" shall mean Augusta, Georgia as Grantee of the Emergency Solutions Grant awarded by HUD. HUD The term "HUD" shall mean the U.S. Department of Housing and Urban Development. Project The term "Project" shall mean the project or projects set forth in Exhibit A hereto entitled "Scope of Services and Timetable." Homeless The term "Homeless" or"homeless individual or homeless person" shall mean: (1) an individual who lacks a fixed, regular,and adequate nighttime residence; and (2) an individual who has a primary nighttime residence that is— (a) a supervised publicly or privately operated shelter designed to provide temporary living accommodations (including welfare hotels, congregate shelters and transitional housing for the mentally ill); (b) an institution that provides a temporary residence for individuals intended to be institutionalized; or (c) a public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings. The term "homeless" or "homeless individual" shall not include any individual imprisoned or otherwise detained pursuant to an Act of Congress or a State law. Low-and Moderate-Income Person The term "Low-and Moderate-Income Person" shall mean a member of a family having an income equal to or less than the Section 8 Low-Income. For the purpose of ESG funding, this limit has been set as 30% of Area Median Income. Unrelated individuals will be considered as one-person families for this purpose. ARTICLE II: PROJECT The Grantee agrees to reimburse the Sub-recipient in an amount not to exceed Twenty-Five Thousand dollars and 00 cents($25,000.00)(hereinafter the "Grant")to implement the following project(s): Rapid Re-Housing Program. Sub-recipient will Rapid Re-Housing services for Eleven (11)families and individuals at-risk of homelessness in order to stabilize their household moving forward. Said project is more fully set described in Exhibit"A" attached hereto and made a part hereof. ARTICLE III: NOTICES Sub-recipient and the Grantee agree that all notices required by this Agreement shall be in writing and delivered via one of the following means: mail (postage prepaid); commercial courier; personal delivery; by facsimile;or other electronic means.Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. 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. 2018 ESG Agreement(CSRA EGA,Inc.) Page 2 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 Augusta, Georgia 30901 If to Sub-recipient: CSRA EOA, Inc. Attention: Mary Harrison,CSBG Director 1261 Greene Street Augusta, Georgia 30901 Email: mharrisonPcsraeoa.org (706)-722-0493 ARTICLE IV: GENERAL CONDITIONS A. General Compliance The Sub-recipient agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 576 (the U.S. Housing and Urban Development regulations concerning Emergency Solutions Grant (ESG))except that(1)the Sub-recipient does not assume the Grantee's environmental responsibilities nor does (2) the Sub-recipient assume the Grantee's responsibility for initiating the review process. The Sub-recipient 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 Sub-recipient Nothing contained 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 Sub-recipient" 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, due to the fact that the Sub- recipient is an Independent Contractor. C. Hold Harmless The Sub-recipient shall hold harmless, defend, and indemnify the Grantee from any and all claims, actions, suits, charges, and judgments whatsoever that arise out of the Sub-recipient's performance or nonperformance of the services or subject matter called for in this Agreement. D. 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. 2018 ESG Agreement(CSRA EOA, Inc.) Page 3 E. Insurance& Bonding The Sub-recipient shall carry sufficient insurance coverage to protect the Grantee's assets under this Agreement 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 comply with the bonding and insurance requirements of 24 CFR 84.31 and 84.48, Bonding and Insurance. F. Grantee's Recognition The Sub-recipient shall ensure 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. • Acknowledgement of Augusta,Georgia as grantee • To label all assets purchased with ESG funds as property of Augusta,Georgia,and • Insertion of HUD and Augusta,Georgia logo on all publications relating to program funded with ESG funds. • All publications used in programs funded by ESG funds must be submitted to the Department before printing and disseminating to ensure accurate acknowledgment have been made. G. Amendments 1. The Grantee or Sub-recipient may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and 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 invalidate this Agreement, nor relieve or release the Grantee or Sub-recipient from its obligations under this Agreement. 2. It is further understood that the Grantee is responsible to HUD for the administration of funds and 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 III and such notification shall constitute an official amendment to this Agreement. 3. It is further agreed that 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 the grant amount set forth in the"Budget". 5. The Grantee may, at its discretion, amend this Agreement to conform with Federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding,the scope of services,or 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. It is further understood that the Sub-recipient shall be allowed only one amendment to this agreement; unless deemed necessary by the Director of AHCD. No amendment will be granted to extend the agreement beyond the established end of the grant period, unless a waiver has been issued by HUD officials prior to the request from the sub-recipient. 2018 ESG Agreement(CSRA EGA, Inc.) Page 4 H. 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,which include,but are not limited to the following: a) Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes,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 reports that are incorrect or incomplete in any material respect. 2. 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. Matching Funds The Sub-recipient will provide dollar-per-dollar matching of ESG funds distributed by Grantee in any of the following forms: dollars, professional services, or in-kind services. Sub-recipient shall, no less frequently than monthly during the term of this Agreement, provide adequate documentation to Grantee of matching funds or in-kind services obtained. Such information shall be included with the Request for Reimbursement. In the calculation of the amount of matching funds, the following may be included in the value of any donated material or building: the value of any lease on a building;any salary paid to staff in carrying out the Emergency Solutions Programs; and the time and services contributed by volunteers to carry out the Emergency Solutions Program, to be determined at the rate of Ten Dollars ($10.00) per hour. The Grantee shall determine the value of any donated material or building or any lease using any method reasonably calculated to establish a fair market value. Failure to obtain such matching funds or in-kind services shall be declared a breach of this Agreement and result in the denial of payment or reimbursement from ESG funds in excess of the amounts for which matching funds are available. Match must be recorded on the ESG Match Log supplied by the Department. It must include the source,amount, description of use, match value, and proper documentation. J. Homeless Management Information System As a provider of services for the homeless population,Sub-recipient agrees to fully participate in Homeless Management Information System (Client Track), the designated Homeless Management Information System, on a continual basis by regularly inputting client data into the computer information gathering system. 2018 ESG Agreement(CSRA EGA, Inc.) Page 5 ARTICLE V: ADMINISTRATIVE REQUIREMENTS A. Continuum of Care Participation(24§576.400) As mandated by HUD, sub-recipients must be a member of the local Continuum of Care (CoC)to ensure proper coordination of services and service providers. New members must have applied for membership and be actively participating in the monthly CoC meetings and CoC subcommittee meetings. B. Financial Management 1. Accounting Standards The Sub-recipient agrees to comply with 24 CFR 84.21 through 28 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and 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 agrees to maintain books, records, and documents in accordance with general accepted accounting procedures and practices that sufficiently and properly reflects all expenditures of Grant funds provided by the Grantee under this Agreement. (b) 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. (c) All Grant funds disbursed through an Emergency Solutions Grant shall be used only for eligible activities as specifically outlined in this Agreement. The Sub-recipient shall comply with any conditions and timetables set forth in this Agreement. In the event the Sub-recipient does not comply with the conditions and timetables, or if the Sub-recipient ceases to exist or provide the services for which the Grant was made, the Sub-recipient shall not be eligible to participate" or "shall not be allowed to be responsible for" another ESG eligible project, and the Sub-recipient shall be in default. In the event of default, the Grantee may exercise any rights or remedies provided in this Agreement, or available under applicable Federal, State of Local law. C. Documentation and Recordkeeping 1. Records to be maintained The Sub-recipient shall maintain all records required by the Federal regulations specified in 24 CFR 576.65, which are pertinent to the activities to be funded under this Agreement.Such records shall include but not be limited to the following: a. All accounts,property and personnel records as deemed necessary by Grantee to ensure proper accounting of all project funds and compliance with this Agreement. 2018 ESG Agreement(CSRA EOA,Inc.) Page 6 b. Records required to determine the homeless eligibility of persons provided services; c. For Homeless Prevention activities, records to document persons"at risk" of being homeless; d. Records required to document the acquisition,improvement, use or disposition of real property acquired or improved with ESG assistance; e. Financial records as required by 24 CFR 84.21 through 28. 2. Retention The Sub-recipient shall retain all financial records, supporting documents, statistical records, and all other records pertinent to this Agreement for a period of five(5)years.The retention period begins on the date of the submission of the Grantee's annual performance and evaluation report to HUD in which the activities assisted under the Agreement are reported upon for the final time. Notwithstanding the above, if there is litigation, claims, audits, negotiations,or other actions that involve any of the records cited,which have commenced prior to the expiration of the five-year period, such records shall be retained until 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 and certification of"homelessness".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 monitors or their designees for review upon request. Homelessness certifications must be well documented and all income information must be provided.If it is found that proper documentation is not provided,the sub-recipient may face repayment penalties. Additionally, for 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,and 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 and,in the case of a minor,that of a responsible parent/guardian. Additionally, Sub-recipients providing services to homeless persons or persons at risk of homelessness, agree to adhere to the policies of the local Continuum of Care concerning Data privacy, System security, and Client confidentiality as part of their participation in the local HMIS. 5. Close-outs The Sub-recipient's obligation to the Grantee shall not end until all Closeout requirements are completed.Activities during this closeout period shall include, but are not limited to the following: 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 ESG funds,including program income. 2018 ESG Agreement(CSRA EOA, Inc.) Page 7 Any Grant funds remaining at the end of the Agreement period shall be returned to the Grantee,and the Grantee may in its discretion reprogram the funds to another ESG eligible project. 6. Audits&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 corrected by the Sub-recipient within thirty(30) days after receipt of notice by the Sub-recipient. Failure of the Sub-recipient to comply with the above audit requirements shall 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. All Shelters must provide inspection reports at the time of contract execution to show compliance with 24§576.500(j)-Shelter and Housing Standards. D. Reporting and Payment Procedures 1. Program Income The Sub-recipient shall provide "monthly" reports regarding all program income generated by activities carried out with ESG 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 84.24. The Sub-recipient may use such income during the Agreement period for activities permitted under this Agreement and shall reduce requests for additional funds by the amount of any such program income balances available. 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 ESG funds for this project is approximately Zero Dollars($0). 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 and shall submit such plan to the Grantee for approval, in a form specified by the Grantee. (Indirect costs are costs that are not directly accountable to a cost object,such as a particular project, facility, function or product. Indirect costs may be either fixed or variable. Indirect costs include administration, personnel and security costs. These are those cost which are not directly related to production.Some indirect costs may be overhead.But some overhead costs can be directly attributed to a project and are direct costs.) 3. Invoicing and Payment Procedures a) In order to obtain reimbursement from the Grantee regarding the Project,Sub-recipient shall provide the following information: 2018 ESG Agreement(CSRA EOA,Inc.) Page 8 (1) Sub-recipient shall submit Monthly Progress Reports for the Project (Exhibit C) detailing accomplishments for the report period. In addition, for each Program participant, the Sub-recipient shall complete a Verification and Certification of Homelessness (Exhibit A) and printout of HUD Income Calculator income eligibility verification from https://www.hudexchange.info/incomecalculator/, and shall submit such forms with its Monthly Progress Report. The Monthly Progress Report,Verification and Certification of Homelessness,and Participant Income Eligibility forms shall accompany 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. If it is found that the sub-recipient has falsified any documents and/or has not provided the correct documentation to verify the homeless status of its clients, the sub-recipient may be subject to the repayment of all grant funds. (2) The Sub-recipient shall submit signed time certifications (executed by employee and his or her supervisor), a copy of the bank statement showing payroll disbursement, and rate of pay documentation detailing the amount to be reimbursed 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 reimbursement by Sub-recipient shall include invoices, cancelled checks, receipts or other documentation evidencing funds expended by Sub- recipient. (4) The Grantee agrees to reimburse costs allowable under Federal, State and Local 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 determined to be eligible for reimbursement, pursuant to the audit. Payments will be made on a monthly basis with a Thirty (30) day return period by Grantee. Requests for payments must be received by Grantee no 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 that portion of its obligations which has been paid by another source of revenue. d) The Grantee will pay to the Sub-recipient funds available under this Agreement based upon information submitted by the Sub-recipient, and consistent with both 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. If it is found that the sub-recipient has falsified documents or provided incorrect information,the sub-recipient may be subject to repayment of all grant funds. 2018 ESG Agreement(CSRA EGA, Inc.) Page 9 4. Progress Reports The Sub-recipient shall submit Monthly Progress Reports to the Grantee in the form attached hereto as Exhibit C,as required by the Grantee. Progress reports shall be submitted by the 15th day of each month for prior month activities.Monthly progress reports should be submitted with monthly reimbursement requests. 5. Annual Reports The Sub-recipient shall submit an Annual Performance Report, also known as the ESG Caper. The ESG Caper shall be submitted to Grantee by January 15 following the year of the grant period.The ESG Caper should consist of information maintained with the Client Track HMIS system. In addition to the ESG CAPER, the sub-recipients funded for housing-related activities shall submit a System Utilization Report Summary covering the entire FY (Jan. 1- Dec. 31) from the Client Track HMIS system. E. Procurement 1. Compliance The Sub-recipient shall comply with the Grantee's current policy concerning the purchase of equipment,and shall maintain inventory records of all non-expendable personal property,as defined by such policy,and will be procured with funds provided herein. The current procurement policy is to obtain at least three quotes for all items/orders under $10,000.00. Personal property means property of any kind, except real property. All program assets (unexpended program income, property,equipment,etc.)shall revert to the Grantee upon termination of this Agreement. a) All procurement transactions regardless of dollar value and whether negotiated or advertised, shall be conducted in a manner so as to provide maximum open free competition consistent with the Cost Principles for Non-Profit Organizations,OMB Circular A-110"Procurement Standards." b) 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. 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. 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 through 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. 2018 ESG Agreement(CSRA EGA, Inc.) Page 10 F. 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 84.32 and 84.34,as applicable. Upon expiration of this Agreement,Sub-recipient shall transfer to Grantee any remaining HUD/ESG funds and any accounts receivable attributable to the use of HUD/ESG funds distributed pursuant to this Agreement. ARTICLE VI: OTHER FEDERAL PROVISIONS Sub-recipient agrees to comply with the following requirements imposed by HUD regarding the use of program funds: A. Federal regulations for the Emergency Solutions Grant, as revised by the HEARTH Act in 24 CFR part 576;Title 24,Code of Federal Regulations, Part 576; B. 42 U.S.C. §§ 11371-11378-Title IV, Subtitle B of the Stewart B. McKinney Homeless Assistance Act; C. Any building used for emergency shelter must meet local housing, safety and sanitation codes; D. The requirements of the Fair Housing Act (42 U.S.C. 3601-20) and implementing regulations at 24 CFR Part 100,as the same may be amended from time to time;Executive Order 11063 and implementing regulations at 24 CFR Part 107, as may be amended; and Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d-4) and implementing regulations issued at 24 CFR Part 1, as the same may be amended; E. The prohibitions against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C. 6101-07) and implementing regulations at 24 CFR Part 146, as the same may be amended, and the prohibitions against discrimination against otherwise qualified individuals with handicaps under Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), implementing regulations at 24 CFR Part 8 (for the purposes of this Program,the term "dwelling units" shall include sleeping accommodations), as the same may be amended, and the Americans with Disabilities Act of 1990 (Public Law 101-336) and implementing regulations,as the same may be amended; F. The requirements at 24 CFR 576.23 concerning Faith-based activities; G. The requirements of Section 3 of the Housing and Urban Development Act of 1968, 12 U.S.C. 1701(u), and implementing regulations at 24 CFR Part 135, as the same may be amended, and the requirements of the Employment and Agreement Opportunities provisions set forth in 24 CFR Part 576,as the same may be amended; H. The requirements of Executive Orders 11625, 12432 and 12138 which require that an effort be made to encourage the use of Minority and Women's Business Enterprises in connection with the project for which program funds have been awarded; I. The requirement that the project for which program funds have been awarded hereunder make known that use of the facility and services is available to all on a nondiscriminatory basis; regardless of race, color, religion, sex, age, national origin, handicap or disability; J. The requirements of Executive Order 12372 and the implementing regulations at 24 CFR Part 52, as the same may be amended, (relating to intergovernmental review) to the extent provided by the Federal Register Notice in accordance with 24 CFR 52.3; 2018 ESG Agreement(CSRA EOA, Inc.) Page 11 K. The applicable requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970(42 U.S.C.4601-4655),as the same may be amended,and the implementing regulations in 49 CFR Part 24, as the same may be amended, and the Relocation and Acquisition provisions set forth in 24 CFR 576.80, as the same may be amended; L. The requirements of the Drug Free Workplace Act of 1988 and the implementing regulations in 24 CFR 24,subpart F, as the same may be amended; M. The requirements of the Conflict of Interest provisions set forth in 24 CFR 576.79(d), as the same may be amended, and the Use of Debarred,Suspended or Ineligible Contractor provisions set forth in 24 CFR 576.79(e), as the same may be amended; N. The Environmental Review provisions set forth in 24 CFR Part 576, as the same may be amended, and the Flood Insurance provisions set forth in 24 CFR 576.79(f), as the same may be amended; 0. The applicable requirements of the Lead Based Paint Poisoning Prevention Act(42 U.S.C. 4821-4846),and the implementing regulations in 24 CFR Part 35,and the Lead Based Paint provisions set forth in 24 CFR Part 576,as the same may be amended; P. The requirements of the National Affordable Housing Act(Pub. L. 101-625, November 28, 1990) contained in Section 832(e)(2)(c) that Sub-recipients develop and implement procedures to ensure the confidentiality of records pertaining to any individual provided family violence prevention or treatment services under any project assisted under the ESG Program and "that the address or location of any family violence shelter project assisted" under the ESG Program "Will, except with written authorization of the person or persons responsible for the operation of such shelter, not be made public"; and Q. Certification Regarding Lobbying —Sub-recipient hereby certifies that to the best of its knowledge and belief: 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 an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal Agreement, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal Agreement, 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 influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal Agreement, grant, loan,or cooperative agreement, it will complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and 3) It will require that the language of paragraph (d) of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub- grants, and Agreements under grants, loans, and cooperative agreements)and that all 2018 ESG Agreement(CSRA EOA, Inc.) Page 12 Sub-recipients shall certify and disclose accordingly. R. 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 the 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. S. Access to Records- the Sub-recipient shall furnish and cause each of its own subcontractors to furnish all information and reports required hereunder. The 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. In addition to, but not in substitution for other provisions of this Agreement regarding the use of program funds, if the Sub-recipient is deemed to be a religious or denominational institution or organization,or an organization operated for religious purposes which is supervised or controlled by a religious or denominational institution or organization, Sub-recipient agrees that, in connection with the use of the program funds: (1)it will not discriminate against any employee or applicant for employment on the basis of race, color, creed, religion, except as allowed by Executive Order 13279, sex, age, handicap, disability, ancestry, national origin, marital status, familial status, or any other basis prohibited by applicable law, (2)it will not discriminate against any persons applying for housing,shelter,services or any eligible activity under the program on the basis of religion and will not limit such housing or other eligible activities or give preference to persons on the basis of religion; and (3) it will provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing, and exert no other religious influence in the provision of housing, shelter, services, or other eligible activity under the program. ARTICLE VII: 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 be in full force and effect. ARTICLE VIII: SECTION HEADINGS AND SUBHEADINGS The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement. ARTICLE IX: WAIVER The Grantee's failure to act with respect to a breach by the Sub-recipient does not waive its right to act with respect to subsequent or similar breaches.The failure of the Grantee to exercise or enforce any right or provision shall not constitute a waiver of such right or provision. ARTICLE X: 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 2018 ESG Agreement(CSRA EOA, Inc.) Page 13 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 XI: ENTIRE AGREEMENT This agreement constitutes the entire agreement between the Grantee and the Sub-recipient for the use of funds received under this Agreement and it supersedes all prior or contemporaneous communications and proposals,whether electronic,oral,or written between the Grantee and the Sub-recipient with respect to this Agreement. ARTICLE XII: 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 provides goods or services to Augusta, Georgia in excess of the contractually authorized goods or services, as required by Augusta,Georgia's Charter and Code,Augusta, Georgia may withhold payment for any unauthorized goods or services provided by Sub-recipient.Sub-recipient assumes all risk of non- payment for the provision of any unauthorized goods or services to Augusta,Georgia,and it waives and all claims to payment or to other remedies for the provision of any unauthorized goods or services to Augusta, Georgia, however characterized, including, without limitation, all remedies at law or equity." This acknowledgement shall be a mandatory provision in all Augusta, Georgia contracts for goods and services, except revenue producing contracts ARTICLE XIII: 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 0.C.G.A. § 13-10-91,stating affirmatively that the individual,firm, or corporation which is contracting with Augusta, Georgia has registered'with and is participating in a federal work authorization program. All contractors and subcontractors must provide their E-Verify number and must be in compliance with the electronic verification of work authorized programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986(IRCA), P.L. 99-603, in accordance with the applicability provisions and deadlines established in 0.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 0.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] 2018 ESG Agreement(CSRA EOA, Inc.) Page 14 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) Approved s to Form by(please initial here): ti By: , i'I?f1 By: �- Andrew MacKenzie as its General Counsel Mayor Hardie Davis,uIts Mayor Date: 3/,2,,/iq Date: 1 OA \ i I Af By: 4 i /4 Ad W. & By: ice Allen Jackso s City AdministratorilF Ha ho e Welcher,J� as its irector D.te: �Il Date: 1 �f eil/4, Affix Seal Here: By %l 4 �/ ena B n /as i Clerk of Commission ;711// ATTEST: CSRA EOA, Inc. �.— ---- Sub-recipient igio By: /. _ "L.-• ,-- Date: arion E. Barnes,As its President j By: ' V / Date: I. Angel Littl i As its Corporate Secretary , By' I Date: fitness SEAL 2018 ESG Agreement(CSRA EOA, Inc.) Page 15 EXHIBIT"A" SCOPE OF SERVICES AND TIMETABLE The Sub-recipient will be responsible for administering the CSRA EOA,Inc.will provide Homelessness Prevention Services in a manner satisfactory to the Grantee and consistent with any standards required as a condition of providing these funds. Such program will include the following activities eligible under the Emergency Solutions Grant Program: I. SCOPE OF SERVICES A. Activities CSRA EOA, Inc.will provide an efficient process for assessing individuals and families who are experiencing a housing crisis that has or will end with an episode of homelessness. Central Intake is the first point of contact in the Augusta/Richmond County Continuum of Care. CSRA EOA, Inc. will provide deposit and short-term rental assistance for 11 individuals and families who meet the HUD definition of homeless. B. Program Delivery Sub-recipient will provide case management in the provision of Rapid Rehousing for eligible clients in Augusta-Richmond County.Sub-recipient will provide such service,as appropriate and in compliance with ESG and CoC Orders of Priority, based off of referrals to CSRA EOA, Inc.'s Rapid Rehousing Program.This program shall have hours of operation as follows: Monday through Friday SAM to 5PM,and shall be located at 1200 Nellyville Road Augusta GA 30901. C. General Administration The Board of Directors manages the Sub-recipient;The Chief Executive Officer manages the agency,finance,and programs;Volunteers support the agency and clients. II. LEVELS OF ACCOMPLISHMENT-Goals and Performance Measures The Sub-recipient agrees to provide the following levels of program services: Activity Clients per Month Clients per Year RRH Program 1-2 11 Reduce average length of shelter stay for homeless 1-2 11 and at risk Linked to mainstream benefits 1-2 11 A. Staffin Case Manager- 37.5/week B. 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 with advance notice in writing prior to any monitoring activities. Such monitoring shall consist of evaluating the Sub-recipient's compliance with the terms and 2018 ESG Agreement(CSRA EOA, Inc.) Page 16 conditions of this Agreement, and comparing the Sub-recipient's projected Project schedule, budget and output with its actual performance. Upon request,the Sub-recipient shall furnish the Department, the Grantee, or its designee copies of such records and information as the Department or the Grantee deems necessary. In addition,the Sub-recipient shall submit monthly progress reports as required by this Agreement, and shall prepare such other reports as may be required by the Department,the Grantee and/or HUD. The Grantee will monitor the performance of the Sub-recipient against goals and performance standards as stated above. Substandard performance as determined by the Grantee will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the Sub-recipient within a reasonable period of time after being notified by the Grantee,Agreement suspension or termination procedures will be initiated. III. TIME OF PERFORMANCE Services of the Sub-recipient shall start on January 1, 2018 and end on December 31, 2019. 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 ESG funds or other ESG assets, including program income. IV. BUDGET Line Item Amount RRH deposits and rental/utilities $17,500.00 Case Management $7,500.00 TOTAL $25,000.00 Any amendments to the budget must be in writing and approved by the Grantee's Director of Housing and Community Development Department. V. PAYMENT It is expressly agreed and understood that the total amount to be paid by the Grantee under this Agreement shall not exceed$25,000.00. Draw downs(expenditure of funds)for the payment of eligible expenses shall be made against the line item budgets specified in Paragraph IV herein and in accordance with performance. Expenses for general administration shall also be paid against the line item budgets specified in Paragraph IV and in accordance with performance.Salaries will be limited to 40%of the grant amount unless the activity is legal assistance. 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, monthly progress reports, invoices,time sheets (if applicable), mileage (if applicable), and any other documentation deemed necessary by the Monitoring Official during the funding cycle. These records shall be retained up at least five(5)years after the Agreement expires. EXHIBIT"B" PROGRAM REQUIREMENTS 2018 ESG Agreement(CSRA EOA, Inc.) Page 17 Augusta Sub-recipient shall operate this project funded through g usta Geor iag 's Emergency g Y Solutions Grant Program according to the following guidelines: 1. Accounting and related records of Sub-recipient shall at a minimum include the following: a. Voucher System-All supporting documentation,such as purchase order, invoices, receiving reports and requisitions. b. Books of Original Entry-Cash receipts and disbursements journal,general ledger. c. Chart of Accounts- Listing of accounts must be maintained in the accounting system. d. Personnel Records - Separate personnel file shall be maintained for each project employee. As a minimum,the file shall contain a resume of the employee, a description of duties assigned, and a record of the date employed, rate of pay at the time of employment, subsequent pay adjustments, and documentation supporting leave taken by the employee. e. Attendance Certification -Attendance records shall be maintained for all personnel paid with ESG funds. Attendance and Pay shall be certified by both the employee and their immediate supervisor.This applies to part-time as well as full-time personnel. In addition to accounting for daily attendance, the type of leave taken (annual, sick, or other), shall be disclosed. 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 each employee's name,job title, social security number, date hired, rate of pay, and all required deductions for tax purposes. Timely quarterly payment of taxes withheld from employees for the Federal Government, along with required matching costs, are required. In addition, all charges for payroll purposes shall be in accordance with the budget submitted to the Grantee. g. Checking Accounts- Monthly bank reconciliation shall be conducted by Sub-recipient.All 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. Bank statements showing the disbursement of payroll shall be added to all salary pay requests. h. Petty Cash - Sub-recipient is encouraged to use an impress or cash advance system and adhere to a monthly,or if necessary,more frequent reimbursement procedure if any ESG funds are used as petty cash. Purchasing Practices - HUD considers State-purchasing regulations to be an acceptable standard for purchasing practices. Local purchasing practices and other procedures shall prevail unless State and/or Federal practices and procedures are more stringent. Therefore, Sub-recipient is obligated to conform to the more restrictive practices and procedures. It is recommended that Sub-recipient use a formal 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 ESG funds. 2018 ESG Agreement(CSRA EOA, Inc.) Page 18 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 on hand at the end of the fiscal year. 2. All projects accounting records and supporting documents shall be maintained for a period of at least five (5)years after termination of the Grantee's award. The records shall be made available to the Grantee, HUD and/or any of their authorized representatives. 3. Sub-recipient should maintain records in an orderly manner, with separate identification for different federal time periods. Records must be protected from fire or other perils, and if stored in a location other than the project site, shall be readily accessible to the Grantee's staff, HUD officials and others who may be authorized to examine such records. 4. REPORT SCHEDULE Reports are to be mailed or emailed to the project Coordinator by the 15th of the month in which it is due REPORT DUE PERIOD COVERED Monthly Progress Report 15th day of each month (Jan-Dec) For Prior month activities Annual Performance Grant Period Report January 15 after year of grant period (January 1—December 31) Grant Period ESG Match Log Report Monthly with Reimbursement (January 1—December 31) Audit 30 days after receipt of Audit Report Sub-recipient's audit period The applicant's assistance Self Sufficiency Plan When applicant leaves the program period Monthly, if applicant is terminated The applicant's assistance Termination Notice from program period 2018 ESG Agreement(CSRA EGA, Inc.) Page 19 ESG AGREEMENT ATTACHMENTS REGULATIONS,CIRCULARS&LOCAL PROCUREMENT POLICY • Emergency Solutions Grant Entitlement Program 24 CFR 576 • OMB Circular A-122, "Cost Principles for Non-Profit Organizations" • OMB Circular A-110, "Grants and Agreements with Institutions of Higher Education, Hospitals, &Other Non-Profit Organizations" • OMB Circular A-133, "Audits of Institutions of Higher Education and Other Non- profit Institutions" • Augusta-Richmond County Procurement Policy FORMS • Verification &Certification of Homelessness"Exhibit A" • Income Calculator- https://www.hudexchange.info/incomecalculator/ • Monthly Progress Report"Exhibit C" • Reimbursement Request • Reimbursement Checklist • Reimbursement Itemization • ESG Match Log • Time Sheet(Use if applicable) • Travel Log (Use if applicable) • Inventory 2018 ESG Agreement(CSRA EOA, Inc.) Page 20