HomeMy WebLinkAboutAPPROVAL AGREEMENT FOR ESG PROGRAM AND HOPWA FOR YR 2009
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Funding Approval! Agreement
Title I of the Housing and Community
Development Act (Public Law 930383)
HI-00515R of 20515R
1. Name of Grantee (as shown in item 5 of Standard Form 424)
Augusta, Georgia
2. Grantee's Complete Address (as shown in item 5 of Standard Form 424)
530 Greene Street
Augusta, Georgia 30911
U.S. Department of Housing and Urban Deve.lopment
Office of Community Planning and DeveloprY]~ ~
Community Development Block Grant Progra~ ~: .., ~
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3. Grantee's 9-digit Tax 10 Number
58-2204274
5a. ProjecVGrant NO.1
B-09-MC-13-0003
5b. ProjecVGrant No.2
4. Date use of funds may begin
(mm/dd/yyyy) 01/01/2009
6a. Amount Approved
$2,262,309
6b. Amount Approved
5c. ProjecVGrant No.3
6c. Amount Approved
Grant Agreement: This Grant Agreement between the Department of Housing and Urban Development (HUD) and the above named Grantee is made pursuant to the
authority of Title I of the Housing and Community Development Act of 1974, as amended, (42 USC 5301 et seq.). The Grantee's submissions for Title I assistance, the
HUD regulations at 24 CFR Part 570 (as now in effect and as may be amended from time to time), and this Funding Approval, including any special conditions,
constitute part of the Agreement. Subject to the provisions of this Grant Agreement, HUD will make the funding assistance specified here available to the Grantee upon
execution of the Agreement by the parties. The funding assistance specified in the Funding Approval may be used to pay costs incurred after the date specified in item
4 above provided the activities to which such costs are related are carried out in compliance with all applicable requirements. Pre-agreement costs may not be paid with
funding assistance specified here unless they are authorized in HUD regulations or approved by waiver and listed in the special conditions to the Funding Approval.~
The Grantee agrees to assume all of the responsibilities for environmental review, decision making, and actions, as specified and required in regulations issued by the
Secretary pursuant to Section 104(g) of Title I and published in 24 CFR Part 58. The Grantee further acknowledges its responsibility for adherence to the Agreement by
sub-reci ient entities to which it makes fundin assistance hereunder available.
U.S. Department of Housing and Urban Development (By Name)
Mary D. Presley
Title Director, Atlanta Office of Community Planning and
Develo ment
Signature
Grantee Name
City of Augusta, Georgia
Title
David S. CopeIil.aver, Mayor
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7. Category of Title I As
(check only one)
l8J a. Entitlement, Sec 106(b)
Db. State-Administered, Sec 106(d)(1)
Dc. HUD-Administered Small Cities, Sec 106(d)(2)(B)
D d.lndian CDBG Programs, Sec 106(a)(1)
De. Surplus Urban Renewal Funds, Sec 112(b)
D f. Special Purpose Grants, Sec 107
D g. Loan Guarantee, Sec 108
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9a. Date 0 Received Submission
(mm/dd/yyyy) 12/03/2008
9b. Date Grantee Notified
(mm/d
9c. Date 0 tart of rogram Year
(mm/dd/yyyy) 01/01/2009
11. Amount of Community Development
Block Grant
a. Funds Reserved for this Grantee
12a. Amount of Loan Guarantee Commitment now being Approved
FY (2009)
$2,262,309
$2,262,309
o
FY(
FY(
Loan Guarantee Acceptance Provisions for Designated Agencies:
The public agency hereby accepts the Grant Agreement executed by the
Department of Housing and Urban Development on the above date with
respect to the above grant number(s) as Grantee designated to receive 12c. Name of Authorized Official for Designated Public Agency
loan guarantee assistance, and agrees to comply with the terms and
conditions of the Agreement, applicable regulations, and other
requirements of HUD now or hereafter in effect, pertaining to the Title
assistance provided it.
Signature
HUD Accounting use Only
Batch
TAC
Program Y A Reg Area Document No.
Project Number
Category
[IIJ 1m [IIJ q 0 0 rn [[ill] cg;g:::J OJ]] I
D DTIIJ I
o dTIb I
Date Entered PAS (mm/dd/yyyy) Date Entered LOCCS (mm/dd/yyyy) Batch Number Transaction Code
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E.O. 12372
CDBG SPECIAL CONTRACT CONDITION
WATER OR SEWER FACILITIES
Notwithstanding any other provision of this agreement, no funds provided under this agreement
may be obligated or expended for the planning or construction of water or sewer facilities until
receipt of written notification from HUD of the release of funds on completion of the review
procedures required under Executive Order E.O. 12372, Intergovernmental Review of Federal
Programs, and HUD's implementing regulations at 24 CFR Part 52. The recipient shall also
complete the review procedures required under E.O. 12372 and 24 CPR Part 52 and receive
written notification from HUD of the release of funds before obligating or expending any funds
provided under this agreement for any new or revised activity for the planning or construction of
water or sewer facilities not previously reviewed under E.O. 12372 and implementing regulations.
Funding Approval and HOME u.s. Department of Housing
and Urban Development
Investment Partnerships Agreement Office of Community Planning
Title II of the National Affordable Housing Act and Development
Public reporting burden for this collection of information is estimated to average 1 hour per response, including the time for reviewing instructions, searching
existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. This agency may not conduct or
sponsor, and a person is not required to respond to, a collection of information unless that collection displays a valid OMS control number.
The HOME statute imposes a significant number of data collection and reporting requirements. This includes information on assisted properties, on the
owners or tenants of the properties, and on other programmatic areas. The information will be used: 1) to assist HOME participants in managing their
programs; 2) to track performance of participants in meeting fund commitment and expenditure deadlines; 3) to permit HUD to determine whether each
participant meets the HOME statutory income targeting and affordability requirements; and 4) to permit HUD to determine compliance with other statutory
and regulatory program requirements. This data collection is authorized under Title II of the Cranston-Gonzalez National Affordable Housing Act or related
authorities. Access to Federal grant funds is contingent on the reporting of certain project-specific data elements. Records of information collected will be
maintained by the recipients of the assistance. Information on activities and expenditures of grant funds is public information and is generally available for
disclosure. Recipients are responsible for ensuring confidentiality when public disclosure is not required.
OMS Approval No. 2506-0171
(Exp.03/31/2005)
1. Participant Name and Address
The City of Augusta, Georgia
530 Greene Street
Augusta, Georgia 30911
2. Participant Number
M09-MC130206
3. Tax Identification Number
58-2204274
4. Appropriation Number
869/1 0205
5. FY (yyyy)
2009
6. Previous Obligation (Enter "0" for initial FY allocation)
a. Formula Funds
b. Community Housing Development Org. (CHDO) Competitive
7. Current Transaction (+ or-)
a. Formula Funds
$0
$0
1. CHDO (For deobligations only)
2. Non- CHDO (For deobligations only)
b. CHDO Competitive Reallocation or Deobligation (see #1 B below)
$ 1,378,855
$0
$0
$0
8. Revised Obligation
a. Formula Funds
b. CHDO Competitive Reallocation
9. Special Conditions (check applicable box)
l8J Not applicable D Attached
$0
$0
10. Date of obligati~r~foAgreSSiOnal ~elease Date)
(mm/dd/yyyy) J~.n /tr 4 200~
This Agreement between the Department of Housing and Urban Development (HUD) and the Participating Jurisdiction/Entity is made pursuant to the
authority of the HOME Investment Partnerships Act (42 U.S.C. 12701 et seq.). The Participating Jurisdiction's /Entity's approved Consolidated Plan
submission/Application and the HUD regulations at 24 CFR Part 92 (as is now in effect and as may be amended from time to time) and this HOME
Investment Partnership Agreement, form HUD-40093, including any special conditions, constitute part of this Agreement. Subject to the provisions of this
Agreement, HUD will make the funds for the Fiscal Year specified, available to the Participating Jurisdiction/Entity upon execution of this Agreement by the
parties. All funds for the specified Fiscal Year provided by HUD by formula reallocation are covered by this Agreement upon execution of an amendment
by HUD, without the Participating Jurisdiction's execution of the amendment or other consent. HUD's payment of funds under this Agreement is subject to
the Participating Jurisdiction's/Entity's compliance with HUD's electronic funds transfer and information reporting procedures issued pursuant to 24 CFR
92.502. To the extent authorized by HUD regulations at 24 CFR Part 92, HUD may, by its execution of an amendment, deobligate funds previously
awarded to the Participating Jurisdiction/Entity without the Participating Jurisdiction's/Entity's execution of the amendment or other consent. The
Participating Jurisdiction/Entity agrees that funds invested in affordable housing under 24 CFR Part 92 are repayable when the housing no longer qualifies
as affordable housing. Repayment shall be made as specified in 24 CFR Part 92. The Participating Jurisdiction agrees to assume all of the responsibility
for environmental review, decision making, and actions, as specified and required in regulation at 24 CFR 92.352 and 24 CFR Part 5B.
11. For the U.S. Department of HUD (Name and Title of Authorized Official) 12. Signature
Mary D. Presley, Director, Atlanta Office of CPO
David S. Copenhaver, Mayor
17. Check one:
J~~; 2 A 2009
14. For the Participating Jurisdiction/Entity (Name and Title of Authorized Official)
16. Date
...., / I / O~
D Initial Agreement
D Amendment #
1 B. Funding Information:
Source of Funds Aoorooriation Code
PAS Code Amount
$
$
$
CHDO Competitive Reallocation
Source of Funds Aoorooriation Code
PAS Code Amount
$
$
form HUD-40093 (04/2004)
HOPW A Performance Grant Agreement for FY2009
Grant No: GAH09F002
Official Contact Person: Chester Wheeler
Telephone No: (706) 821-1797
FAX: (706) 821-1784
Email Address: cwheeler@augustaga.gov
Tax ID No: 58-2204274
Unit of Government ID No: 130192
HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS
PERFORMANCE GRANT AGREEMENT FOR FY2009
This Performance Grant Agreement (Agreement) is made by and between the United
States Department of Housing and Urban Development (HUD) and the City of Atlanta, Georgia
(Grantee).
This Agreement will be governed by the following, as they from time to time may be
amended: the AIDS Housing Opportunity Act, 42 USC 12901 et seq. (Act), the Housing
Opportunities for Persons With AIDS (HOPW A) program regulations, 24 CFR Part 574, and the
Consolidated Plan regulations, 24 CFR Part 91 (the Regulations), all of which are incorporated
by reference into this Agreement.
The term "Grant" or "Grant Funds" means the funds provided under this Agreement. The
term "Application" means the application submissions on the basis of which a Grant was
approved by HUD under 24 CFR Part 91, as applicable to the HOPW A elements of the
Consolidated Plan, including the certifications and assurances and any information or
documentation required to meet any grant award conditions. The Application is incorporated as
part of this Agreement; however, in the event of conflict between a provision of the Application
and a provision of this Agreement, the latter shall control. "Project Sponsor" means any
nonprofit organization or governmental housing agency that receives funds from the Grantee to
carry out eligible activities identified in the Application.
In reliance upon the Application, HUD agrees, upon execution of this Grant Agreement,
to provide Grant Funds to the Grantee in the amount of $398,640.
Grantee agrees to and will ensure that each Project Sponsor agrees to:
(1) Operate the program in accordance with the requirements of the applicable HUD
regulations in undertaking activities that will meet urgent needs that are not being met
by available public and private resources;
(2) Establish housing output measures in the approved Consolidated Plan for this grant
with specific one year goals for the number of households to be provided housing
through the use of HOPW A activities for: short-term rent, mortgage, and utility
assistance payments to prevent homelessness of the individual or family; tenant-based
rental assistance; and units provided in housing facilities that are being developed,
leased or operated with HOPW A funds, as established by 91.220(1)(3) for local
governments and 91.320(k)( 4) for states. The plan would include the grant funds and
program income expected to be made available with other resources to be leveraged
asa commitment for an expected level of housing output results to be achieved during
each of the operating years under this award, and operate the program consistent with
that commitment;
(3) Conduct an ongoing assessment of the housing assistance and supportive services
required by the participants in the program (as shown in an Individual Housing &
Service Plan), including an annual assessment of their housing situation, an
appropriate determination of rental subsidies or other support, and a report on the
annual results of program activities under the HOPW A client outcome goals of
achieving stable housing, reducing risks of homelessness and improving access to
healthcare and other support for beneficiaries;
(4) Assure the adequate provision of supportive services to the participants in the
program, including support to access health-care, HIV treatment and benefits or other
support available under mainstream health and human welfare programs and other
public and private resources, as needed. When using HOPW A funds for healthcare
costs, grantees must adhere to the following HOPW A regulations found at
574.31O(a)(2):
(2) Payments. The grantee shall ensure that grant funds will not be used to
make payments for health services for any item or service to the extent that payment
has been made, or can reasonably be expected to be made with respect to that item or
service: (i) Under any State compensation program, under an insurance policy, or
under any Federal or State health benefits program; or (ii) By an entity that provides
health services on a prepaid basis.
Consistent with this requirement, grantee use of HOPW A funds for
healthcare costs such as HIV / AIDS medications must be done so as a last resort.
The client's file must provide detailed documentation of all attempts made to secure
such payments for health care, including medications. The documentation of these
attempts should provide the name and title of all parties involved in the request to
secure payments for health care from each organization and the reason the request
was denied, including appeals of initial denials. In addition, grantees must document
that the use of HOPW A resources for health care costs is done so in coordination
with the client's individual housing and service plan. The individual housing and
service plan must incluqe the plan, (complete with timelines and benchmarks), for
transitioning the clients' health care costs to mainstream health care resources. For
example, in accessing other related federal health care programs, it is expected that
the use of HOPW A funds for AIDS Drugs Assistance Plan (ADAP) purposes would
be minimal and under extreme circumstances as most ADAP providers have policies
in place that allow for a transitioning period and cover gaps in AIDS medication
coverage, and project sponsors may also access uncompensated care support from
private care sources.
(5) Comply with such other terms and conditions, including record keeping and reports
(which must include racial and ethnic data on participants, annual housing outputs
and client housing outcomes) for program monitoring and evaluation purposes, as
HUD may establish for purposes of carrying out the program in an effective and
efficient manner;
(6) Provide housing support to HOPW A eligible persons over the operating period of this
grant consistent with the General Standards for Eligible Housing Activities, found at
24 CFR 574.310, including limitations on such payments.
(7) Agree to maintain documentation of beneficiary and activity eligibility, including
related documentation that evidences compliance with agreements noted above.
(8) Agree that any program income resulting under this grant be added to the funds
committed to the project or other HOPW A program activities under this agreement,
to be used to further eligible project or program objectives.
(9) Agree that if funds under this grant are used for new construction, substantial
rehabilitation or acquisition of a structure, the use of such property will be undertaken
consistent with the required minimum use period found at 24 CFR 574.310, and the
Declaration of Restrictive Covenant. The restrictive covenant, which will run for the
minimum use period, must be recorded on such property in a manner that is
consistent with applicable state and local laws.
(10) Agree to monitor Project Sponsors and ensure compliance with requirements on rent
determinations, eligibility of beneficiaries, eligibility of activities, and timeliness in
expenditure of funds.
(11) Agree that Grantee shall submit a completed form HUD-4011O-D (Expiration Date:
12/31/2010) and related narrative sections as part of their Consolidated Annual
Performance Evaluation Report (CAPER) within 90 days of the close of the operating
year along with the related completed project performance information in CPD
information technology systems (IDIS) on HOPW A projects.
(12) Agree to implement operational and financial procedures to ensure the recording of
disbursements through the HOPW A allocations, updated on at least a quarterly basis
(such as, actions current as of December 31, March 31, June 30 and September 30
each year) along with related updated project performance information in CPD
information technology systems (IDIS) on HOPW A projects.
Default: A default shall consist of any use of Grant Funds for a purpose other than as
authorized by this Agreement, noncompliance with the Act or Regulations, any material breach
of the Agreement, failure to expend Grant Funds in a timely manner (as required by 24 CFR
574.540, within a three-year period from the date of the signing of the grant agreement), or
misrepresentations in the Application submission which, if known by HUD, would have resulted
in a grant not being provided. Upon due notice to the Grantee of the occurrence of any such
default and the provision of a reasonable opportunity to respond, HUD may take one or more of
the following actions:
(a) direct the Grantee to submit progress schedules for completing approved
activities; .
(b) issue a letter of warning advising the Grantee of the default, establishing a
date by which corrective actions must be completed and putting the Grantee
on notice that more serious actions will be taken if the default is not corrected
or is repeated;
(c) direct the Grantee to suspend, discontinue or not incur costs for the affected
activity;
(d) reduce or recapture the grant;
(e) direct the Grantee to reimburse the program accounts for costs inappropriately
charged to the program; or
(D other appropriate action including, but not limited to, any remedial action legally
available, such as affirmative litigation seeking declaratory judgment, specific
performance, damages, temporary or permanent injunctions and any other available
remedies.
No delay or omissions by HUD in exercising any right or remedy available to it under the
Agreement shall impair any such right or remedy or constitute a waiver or acquiescence in any
Grantee default.
This Grant Agreement is hereby executed by the Parties on the dates set forth below. their
respective signatures, as follows:
UNITED STATES OF AMERICA
Department of Housing and Urban Development
By: The Secretary
By: ~f) f~
(Signature)
~(t1zAdr
(Date
Director, Atlanta Office of
Community Planning and Development
(Title)
GRANTEE
By: The City of Augusta. Georgia
On behalf of the Augusta- Richmond County. Georgia - South Carolina
Eligible Metropolitan Statistical Area
By: CQ', ..
(Signature and Tit Authorized Official)
David s. Copenhaver, Mayor
7 (J (07
(Date)
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Grant No: S09-MC-13-0004
Official Contact Person: Chester Wheeler
Telephone No: (706) 821-1797
FAX: (706) 821-1784
Email Address: cwheeler@augustaga.gov
Tax ID No: 58-2204274
Unit of Government ID No: 130192
FY 2009 LOCAL GOVERNMENT GRANT AGREEMENT
EMERGENCY SHELTER GRANTS PROGRAM
This Grant Agreement is made by and between the United States Department of Housing and
Urban Development (HUD) and the Grantee, the City of Augusta, Georgia, for a FY 2009
Emergency Shelter Grants Program award in the amount of $99,412. This grant is authorized by
Subtitle B of Title IV of the McKinney- Vento Homeless Assistance Act, 42 USC 11301 (1988), as
amended (the "Act"). In addition, the grant operates through HUD's regulations at 24 CFR Part
576, as now in effect and as may be amended from time to time, which are incorporated as part of
this Agreement.
In reliance upon the Consolidated Plan and certifications, the Secretary agrees, upon execution of
the Grant Agreement, to provide the grantee with the agreed grant funds. The grantee must
comply with requirements for recordkeeping and annual performance reporting to HUD within
90 days after the close of its consolidated program year, as required by 24 CFR 91.520. This
includes the information collected through HUD's Integrated Disbursements and Information
System (IDIS). The grantee's IDIS reporting must include information on grant activities,
project sponsors, project sites, and beneficiaries (including racial and ethnic data on
participants). This information will be used for program monitoring and evaluation purposes.
The grantee agrees to follow HUD standards for participation, data and reporting under a local
HMIS, as published in the July 30, Federal Register notice (69 FR 45888) as clarified by an
October 19, 2004, Federal Register notice (69 FR 61517) on domestic violence shelter
participation.
The grantee agrees to comply with all applicable laws and regulations in distributing funds
provided under this Grant Agreement and to accept responsibility for ensuring compliance by
recipient entities which may receive funding assistance.
The grantee agrees to comply with the provisions of the environmental requirements of 24 CFR
Part 58 as applicable under 24 CFR 576.57(e) with respect to funds provided under this Grant
Agreement.
The grantee further agrees to provide sufficient detail on matching funds so as to identify the
specific sources and amounts of the funds as required by 42 USC 11375(a)(1).
2
The following parties execute this Grant Agreement on the dates set forth below as follows:
UNITED STATES OF AMERICA
Secretary of Housing and Urban Development
By:
'1Yl~ I) /;<1+
(Signatur (
~~!iJ!u(/r
(Dat~) /
Mary D. Presley
(Typed Name of Signatory)
Director
Atlanta Office of Community
Planning and Development
(Title)
GRANTEE
By: (gQ){'/7
(Signature)
............... ----
7 (, lo~
(Date)
David S. Copemaver.
(Typed Name of Signatory)
Mayor
(Title)
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