Loading...
HomeMy WebLinkAboutCSRA ECONOMIC OPPORTUNITY AUTHORITY INC (2) q (C(O)flf AGREEMENT BETWEEN AUGUSTA, GEORGIA AND CSRA ECONOMIC OPPORTUNITY AUTHORITY, INC. HOMELESSNESS PREVENTION AND RAPID RE-HOllSING PROGRAM This Agreement is made and entered into this 1st day of October. 2009, by and between Augusta, Georgia, by and through the Augusta-Richmond County Commission, as the Implementor of the Homelessness Prevention and Rapid Re-Housing Program (hereinafter referred to as "Grantee"), and CSRA Economic Opportunity Authority, Inc., (hereinafter referred to as the "Subrecipient"). WHEREAS, the Grantee has applied for and received funds from the United States Government under Title XII of Division A of the American Recovery and Reinvestment Act of 2009 ("Recovery Act"); and WHEREAS, the City, as an Entitlement Grantee is responsible for the administration, implementation, planning and evalua~ion within its respective jurisdiction of the Homelessness Prevention and Rapid Re" Housing Program (HPRP) and for the HUD Consolidated Plan; and WHEREAS, the purpose of the Homelessness Prevention and Rapid Re-Housing Program is to provide homelessness prevention assistance to households who would otherwise become homeless - many due to the economic crisis - and to provide assistance to rapidly re-house persons who are experiencing homelessness; and . WHEREAS, the services which are funded by HPRP mustbenefjt individuals and families within the respective jurisdiction of the City and in accordance with the income eligibility criteria found in the HUD Section 8 Guidelines; and WHEREAS, HPRP funds will provide for a variety of assistance, including: sho.rt-term .or medium-term rental assistance and housing relocation and stabilization services, including such activities as mediation, credit counseling, security or utility deposits, utility payments, moving cost assistaf'tC€';. ana. case- management; and WHEREAS, the Grantee wishes to engage the Subrecipient to assist the Grantee in utilizing such funds; NOW, THEREFORE, it is agreed between the parties hereto as follows: I. DEFINITIONS AND IDENTIFICATIONS Unless the context otherwise requires, the terms used herein and not otherwise defined shall have the meaning assigned to them in this Section I. Homelessness Prevention and Rapid Re-Housing Program (HPRP) The term "Homelessness Prevention and Rapid Re-Housing Program" or "Program" shall mean that program administered by the Housing and Community Development Department of the City and funded by a special Homelessness Prevention and Rapid Re-Housing grant applied for by the City and awarded by HUD as authorized pursuant to Title XII of the American Recovery and Reinvestment Act of 2009, Public Law 111-005. Page 1 of 22 Department The term "Department" shall mean the Housing and Community Development Department of the City. Grantee The term "Grantee" shall mean the City as Grantee of the Homelessness Prevention and Rapid Re- Housing grant awarded by HUD. City The term "City" shall mean Augusta, Georgia. Subrecipient The term "Subrecipient" shall mean the agency receiving the HPRP grant from the City. HUD The term "HUD" shall mean the U. S. Department of Housing and Urban Development. 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" does not include any individual imprisoned or otherWise detained pursuant to an Act of congress or a State law. Low Income Household The term II10w income household" means a household having an income equal to or less than 50 percent of the Area Median Income. Household The term "household" in this agreement means individuals or families. Program Participant The term "Program Participant" means an individual or family with or without children that is provided HPRP financial assistance or housing relocation and stabilization services through a rapid re-housing or prevention program. Homeless Prevention The term "Homeless Prevention" means activities or programs designed to prevent the incidence of homelessness. Page 2 of 22 Rapid Re-Housing Assistance The term "Rapid Re-Housing Assistance" means providing assistance to the homeless to quickly obtain and sustain stable housing. II. PROJECT The Grantee agrees to reimburse the Subrecipient in an amount not to exceed One Hundred Fifty Thousand dollars and no cents ($150,000.00) hereinafter the "Grant" to implement the following project(s): "Homeless Prevention Program" Subrecipient will operate a homeless prevention program designed to provide financial assistance to households who would otherwise become homeless, many due to the economic crisis. Said project is more fully set forth in Exhibit"A" attached hereto and made a part hereof. III. TIME OF PERFORMANCE Services ofthe Subrecipient shall start on October 1, 2009, and end on the March 31, 2012. The term of this Agreement and the provisions herein shall be extended to cover any additional time period during which the Subreicipient remains in control of HPRP funds. IV. COMPENSATION It is expressly agreed and understood that the total amount to be paid by the Grantee under this Agreement shall not exceed $150,000.00. Draw downs for the payment of eligible expenses shall be made against the line item budgets specified herein and in accordance with performance. Payments may be contingent upon certification of the Subrecipient's financial management system in - accordance with the standards specified in 24 CFR 84.21. V. NOTICES Subrecipient and the Grantee agree that all notices required by this Agreement shall be in writing and delivered via mail (postage prepaidL commercial courier, or personal delivery or sent 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 _oe addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. Page 3 of 22 Communication and details concerning this Agreement shall be directed to the following Agreement representatives: Grantee: Augusta,Georgia Attention: David S. Copenhaver, Mayor 530 Greene Street, 8th Floor Augusta, Georgia 30901 With copy to: Housing and Community Development Department Attention: Chester A. Wheeler, III, Director 925 Laney-Walker Boulevard, 2nd Floor Augusta, Georgia 30901 If to Subrecipient: CSRA Economic Opportunity Authority, Inc. Attention: Gloria Lewis, Executive Director 1261 Greene Street Augusta, Georgia 30901 VI: GENERAL CONDITIONS A. General Compliance The Subrecipient agrees to comply with the requirements of Title XII of the American Recovery and Reinvestment Act of 2009 effective March 19, 2009, except that the Subrecipient does not assume the Grantee's responsibility for initiating the environmental review process. The Subrecipient agrees to comply with all other applicable federal, state and local laws, regulations and policies governing the funds provided under this Agreement. The Subrecipient further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. B. Independent Contractor 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 Subrecipient shall at all times remain an "Independent Contractor" with respect to the services to be performed under this Agreement. The Grantee shall be exempt from payment of all Unemployment Compensation;. FICA; retirement, life and/or medical insurance and Workers' Compensation Insurance, as the Subrecipient is an Independent Contractor. C. Hold Harmless The Subrecipient shall hold harmless, defend and indemnify the Grantee from any and all claims, actions, suits, charges and judgments whatsoever that arise out of the Subrecipient's performance or non-performance of the services or subject matter called for in this Agreement. Page 4 of 22 D. Workers' Compensation The Subrecipient shall provide Workers' Compensation Insurance coverage for all of its employees involved in the performance of this Agreement. E. Insurance & Bonding The Subrecipient shall carry sufficient insurance coverage to protect Agreement assets from loss due to theft, fraud and/or undue physical damage, and as a minimum shall purchase a branketfidelity bond covering all employees in an amount equal to cash reimbursements/advances from the Grantee. The Subrecipient shall comply with the bonding and insurance requirements of 24 CFR 84.31 and 84.48, Bonding and Insurance. F. Grantee's Recognition The Subrecipient 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 Subrecipient will include a reference to the support provided here in all publications made possible with funds made available under this Agreement. G. Amendments 1. The Grantee or Subrecipient may amend this Agreement at any time provided that such amendment 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 Director. Such amendments shall not invalidate this Agreement, nofr~Heve or r~asethe Grantee at Subrecipient 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~~p~by i.t& Subrecipient. In the event that the Grantee approves any modification, amendment or alteration to the funding allocation, the Subrecipient shall be notified pursuantto Section Vand such notification shall constitute an official amendment to this Agreement. 3. The Department's Director shall be authorized to approve line item changes to the Subrecipient's budget as long as such changes do not increase in the.graTTtamotmtsetfarti'ttrt the "Budget". 4. 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. If such amendments result in a change in the funding, the scope,of sEH\j.~eSt,~scbedu1em:theactivities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both the Grantee and Subrecipient. 5. It is further understood that the Subrecipient shall be allowed only one amendment to this agreement. No amendment will be granted to extend the agreement beyond the established end of grant period. Page 5 of 22 H. Suspension or Termination 1. In accordance with 24 CFR 85.43, the Grantee may suspend or terminate this Agreement if the Subrecipient 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 statues, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; (b) Failure, for any reason, of the Subrecipient 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 Subrecipient 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 Subrecipient, 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 ca,se 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. . VII. SPECIAL CONDITIONS 1. Homeless Management Information System As a provider of services for the homeless population, Subrecipient agrees to ful1y participate in Pathways Community Network, Inc., the designated Homeless Management Information System, on an ongoing basis until the expiration of this agreement by inputting client-level data on a regular basts and reporting on outputs and outcomes as required by HUD. 2. Continuum of Care Subrecipient agrees to become a member ofthe Continuum of Care and attend all meetings and report on progress and distribution of HPRP funds. 3. Central Contractor Registration and DUNS Number Subrecipient shall register with Dun and Bradstreet at www.dnb.com to obtain a DUNS number and complete or renew agency's registration in the Central Contractor Registration (CCR) at WWW.ccr.gov. Page 6 of 22 4. Program Participant Requirements To receive financial assistance, Subrecipient must ensure that Program Participants: a) Have at least an initial consultation with a case manager to determine appropriate type of assistance required; b) Household must be at or below 50 percent of Area Medium Income (AMI); c) Household must be either homeless or at risk of losing its housing and meet both of the following: i. No appropriate subsequent housing options have been identified~and ii. The household lacks the financial resources and support networks needed to obtain immediate housing or remain in its existing housing. d) For prevention assistance, assistance must be targeted to individuals and families at greatest risk of becoming homeless. e) Subrecipients must not make _ payments directly to Program Participants, but only to third parties, such as landlords or utility companies. 5. Grantee HPRP Guidelines Subrecipient shall comply with any requirements not specified in this agreement to Grantee's HomelessnessPrevention and Rapid Re-Housing Program Guidelines included as an attachment herein. 6. Rent Reasonableness Subrecipient must ensure that HPRP funds used for rental assistance do not exceed the actual rental cost, which must be in compliance with HUD's standard of "rent reasonableness." This would inch:tde rental payments, rental arrears, and security deposits. "Rent reasonableness" means the total rent charged for a unit must be reasonable in relation to the rents being charged during the same time period for comparable units in the private unassisted market and must not be in excess of rents being charged by the owner during the same time period for comparable non-luxury unassisted units. The location, size, type, quality, amenities, management and maintenance of each unit should be taken into account. Rent reasonableness is determined on a case-by-case basis. VIII. ADMINISTRATIVE REQUIREMENTS A. Financial Management 1. Accounting Standards The Subrecipient agrees to comply with 24 CFR Part 84 "Uniform Admrnistrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and other Non-Profit Organizations" and adhere to the accounting principles and procedures required therein at 84.21- 28, utilize adequate internal controls and maintain necessary source documentation for all costs incurred. Page 7 of 22 2. Cost Principles The Subrecipient shall administer its program in conformance with OMB Circular A-122, "Cost Principles for Non-Profit Organizations. These principles shall be applied for all costs incurred whether charged on a direct or indirect basis. a) Subrecipient 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 this Project. b) Subrecipient agrees to maintain books, records and documents in accordance with generally 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 HPRP grant shall be used only for eligible activities specifically outlined in this Agreement. The Subrecipient shall comply with any conditions and timetables set forth in this Agreement. In the event the Subrecipient does not comply with the conditions and timetables, or if the Subrecipient ceases to exist or provide the services for which the grant was made, the Subrecipient will not carry out another HPRP eligible project, the Subrecipient shall be in default. In the event of default, the Grantee may exercise any rights or remedies provided in this Agreement. B. Documentation and Recordkeeping 1. Records to be Maintained The Subrecipient shall maintain all records required as specified in HUD's HPRP Notice published March 19, 2009, which are pertinent to the activities to be funded under this Agreement. Soch records shall include but not be limited to: 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. b) Records required to determine the homeless eligibility of persons provided services and records to document persons "at risk" of being homeless, client name, race, ethnicity, gender, disability status, address, income and description of service provided. c) Financial records to include copies of all reimbursement requests and backup documentation and records that disclose all costs charged. 2. Documentation Required for Homeless Prevention activities Subrecipient shall maintain adequate and easily identifiable documentation to determine the eligibility of program participants. A copy of the documentation for any Financial Assistance must also be maintained in the client file. At a minimum, documentation should include the following: Page 8 of 22 Eviction Utility shut off Eviction notice from landlord and copy of payment made on behalf of client. Notice of termination from the utility provider and copy of pay.ment.made on behalf of client. Copy of payment(s) made on behalf of client. Individual or family leaving shelter and needing any combination of first/last month rent, security deposit, screening fee 3. Documentation for Homelessness or At Risk of Homelessness Verification a) Maintain adequate documentation of homelessness to determine the eligibility of persons served. A copy of the documentation must be maintained in the client file. Documentation should be as follows: Persons living on the street or in short-term emergency shelter Persons coming from transitional housing for homeless persons Persons being evicted from a private dwellihg Persons being released from jail or prison, or leaving an inpatient mental health facility or chemical-dependency treatment facility Information should be obtained to indicate that the participantjs Iiving..on the street or in short-term emergency shelter. This may include names of organizations or outreach workers who have assisted them in the past, whether the client receives any general assistance checks and where the checks are delivered, or any other information regarding the participant's activities in the recent past that might provide documentation. If unable to verify that the person is living on the street or in short-term emergency shelter, the participant or a staff person may prepare a short written statement about the participant's previous living place. The participant should sign the statement and date it. Obtain written verification from the transitional housing staff that the participant has been residing at the transitional hottsiflg facility. The' verification should be signed and dated by the referring agency personnel. Obtain evidence of formal eviction notice indicating that the participant was being evicted within a week before receiving homeless assistance. If the participant's friends or family is evicting, a statement describing the reason for eviction must be signed by the friend or family member and dated. In other cases where there is no formal eviction process, persons are considered evicted when they are forced out of the dwelling unit by circumstances beyond their control. In those instances, obtain a signed and dated statement from the participant desc~~b~ng tl:lesituatkl-J:I.. S1J.Ol:eci.p~elll.. must make efforts to confirm that these circumstances are true and have written verification describing the efforts and attesting to their validity. The verification should be signed and dated.. Obtain evidence from the referring facility's case manager or other authorized staff that the participant is being or was released/exited and has no identified housing option. Page 9 of 22 Persons fleeing domestic violence Obtain written verification from the participant that he/she is fleeing a domestic violence situation. If a participant is unable to prepare verification, the case manager may prepare a written statement about the participant's previous living situation for the participant to sign and date. 4. Retention Subrecipient 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 October 1,2012 and ends September 30,2017. 5. Confidentialitv Subrecipient must develop and implement procedures to ensure: 1) the confidentiality of records pertaining to any individual provided assistance; and 2) that the address or location of any assisted housing not be made public, except to the extent that this prohibition contradicts a pre-existing privacy policy of Subrecipient. 6. Closeouts Subrecipient'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: making final payments and disposing of program assets. Not withstanding the foregoing, the terms of this Agreement shall remain in effect during any period that the Subrecipient has control over HPRP funds. 7. Audits All Subrecipient 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. Subrecipient hereby agrees to have an annual agency audit conducted in accordance with current Grantee policy concerning Subrecipient audits. In the event Subrecipient expends $500,000 in federal funds, Subrecipient shall also comply with U.S. Government federal audit requirements including the requirements contained in OMB Circular A-133. Subrecipient shall submit to the Grantee one copy of the annual independent audit covering the Agreement period, together with any accompanying management letters 30 days after completion of audit. Such audit shall be completed by an independent auditor in accordance with generally accepted accounting and auditing standards (GAAP) governing financial and compliance audits. Any deficiencies noted in audit reports must be fully cleared by the Subrecipient within 30 days after receipt by the Subrecipient. Failure of the Subrecipient to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. Page 10 of 22 Subrecipient shall be liable to Grantee for any costs disallowed pursuant to finance and compliance audit(s) of funds received under this Agreement. Reimbursement to Grantee of such disallowed costs shall be paid by Subrecipient from funds which were not provided or otherwise made available to Subrecipient under this Agreement. C. Reporting Subrecipient must track and report HPRP activities, program participant data and spending separate from other activities. Minimum reporting requirements include monthly progress, monthly HMIS, quarterly and annual reports. Subrecipient will report on outputs, such as the number of persons served and the demographic characteristics of persons served, HPRP funds expended by activity type and the number of jobs created and/or retained, as well as outcomes related to housing stability. It is anticipated that one job will be created, Case Manager, and one job will be retained, HPRP Coordinator. D. Invoicing and Payment Procedures Payment will be made on a reimbursement basis monthly with a 15-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. Subrecipient is expected to request grant funds monthly according to schedule provided by Grantee. 70 percent ($105,000) of grant funds must be drawn down by June 30, 2011, and 100 percent ($150,000) of the award must be drawn down by March 31, 2012. If Subrecipient does not meet the 70 percent goal, the balance of funds will be recaptured and reallocated. In order to obtain reimbursement from the Grantee in connection with the Project, Subrecipient shall provide the following information: 1. Subrecipient shall submit Monthly Progress Reports for the Project detailing accomplishments for the report period and the number of participants broken down by race, ethnicity, elderly, disability, veteran and female head of household. In addition, for each Program Participant, the Subrecipient shall complete and submit a Participant Income Eligibility form, Verification and Certification of Homelessness and any other forms indicated on the Reimbursement Checklist which document eligibility of Program Participant. 2. Subrecipient shall submit time sheets as backup documentation for salary reimbursement. 3. Request for reimbursement by Subrecipient shall be accompanied by invoices, cancelled checks, receipts or other documentation evidencing funds expended by Subrecipient. 4. The Grantee agrees to reimburse costs allowable under Federal, State and Local guidelines. 5. 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. Page 11 of 22 6. The Department shall authorize the Grantee's Financial Officer to reimburse the Subrecipient for all costs it determines are eligible for reimbursement, pursuant to the audit. 7. The Grantee will pay to the Subrecipient funds available under this Agreement based upon information submitted by the Subrecipient and 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 Subrecipient. E. Procurement 1. Compliance Subrecipient shall comply with current Grantee policy concerning the purchase of equipment and shall maintain inventory records of all non-expendable personal property as defined by such policy as may be procured with funds provided herein. 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 whether negotiated or advertised and without regard to dollar value, shall be conducted in a manner so as to provide maximum open free competition consistent with 24 CFR 84 "Procurement Standards." b) Subrecipient shall make positive efforts to utilize small business and minority owned business sources, as well as women-owned businesses, for supplies and services. 2. OMS Standards Unless specified otherwise within this agreement, the Subrecipient shall procure all materials, property, or services in accordance with the requirements of 24 CFR 84.40-48. 3~ Travel Subrecipient shall obtain written approval from the Grantee for any travel outside the metropolitan area with funds provided under this Agreement. 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. Page 12 of 22 IX. OTHER FEDERAL REQUIREMENTS A. Conflicts of Interest Subrecipient shall comply with 24 CFR 84.42 with respect to procuring services, equipment supplies or other property. The following restriction shall apply: No person who is an employee, agent, consultant, officer or elected appointed official of the Subrecipient who exercises or has exercised any functions or responsibilities with respect to assisted activities, or who is in a position to participate in a decision-making process or gain inside information with regard to HPRP activities, may obtain a personal or financial interest or benefit from the activity, or have an interest in any contract, subcontract or agreement with respect thereto or the proceeds hereunder, either for himself/herself of for those with whom he/she has family or business ties, during his/her tenure or for one year thereafter. B. Habitability Standards If rental assistance is provided, Subrecipient shall conduct initial and any appropriate follow-up Housing Quality Standards (HQS) inspections of housing units into which a program participant will be moving. New of different housing units shall be inspected before occupancy, on an annual basis and upon change of tenancy. A copy of a completed HQS inspection form shall be maintained in program participant files. C. Nondiscrimination and Equal Opportunity Subrecipient shall comply will all applicable fair housing and civil rights requirements in 24 CFR 5.105(a). Subrecipient must make known that HPRP rental assistance and services are available to all on a nondiscriminatory basis and ensure that all citizens have equal access to information about HPRP and equal access to the financial assistance and services provided under this program. Subrecipient must take reasonable steps to ensure meaningful access to programs to persons with limited English proficiency (LEP), pursuant to Title VI of the Civil Rights Act of 1964. In addition, all notices and communications shall be provided in a manner that is effective for persons with hearing, visual and other communication related disabilities consistent with Section 504 of the Rehabilitation Act of 1973 and implementing regulations at 24 CFR 8.6. If Subrecipient procedures used to make known the availability of rental assistance and services are unlikely to reach persons of any particular race, color, religion, sex, age, national origin, familial status or disability who may qualify for such rental assistance and services, Subrecipient must establish additional procedures that will ensure that such persons are made aware of the rental assistance and services. D. Affirmatively Furthering Fair Housing Subrecipient shall affirmatively further fair housing opportunities for classes protected under the Fair Housing Act. Protected classes include race, color, national origin, religion, sex, disability and familial status. Examples of affirmatively furthering fair housing include: 1) marketing the program to all eligible persons, including persons with disabilities and persons with limited English proficiency; 2) making buildings and communications that facilitate applications and service delivery accessible to persons with disabilities; 3) providing fair housing counseling services or referrals to fair housing agencies; 4) Page 13 of 22 informing participants on how to file a housing discrimination complaint, including providing the toll- free number for the Housing Discrimination Hotline; and 5) recruiting landlords and service providers in areas that expand housing choice. E. Lead-Based Paint Subrecipient shall comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.c. 4801 et seq.), as amended by the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.c. 4851 et seq.) and implementing regulations at 24 CFR part 35, subparts A, B, M and R shall apply to housing occupied by families receiving HPRP assistance. These regulations apply to the unit and to common areas servicing the unit when HPRP assistance is provided to a unit in which a child underthe.age oJ six (6), or a lead-based paint inspection has been conducted in accordance with HUD regulations and found not to have lead-based paint, or if the property has had all lead-based paint identified and removed in accordance with HUD regulations, or it meets any of the other exemptions described in 24 CFR part 35.115(a). An initial visual assessment and periodic inspections are required for as long as HPRP funds are being used to assist the family in the unit. Both must meet HUD's standards described in applicable regulations. If a new family assisted with HPRP funds moves in unit, the clock for periodic inspections is reset. The property owner must provide a notice to occupants if an evaluation and hazard reduction activities have taken place, in accordance INith 24 CFR Part 35.125. A completed HQS inspection forrn must be maintained in program participant's file. F. Equal Participation of Religious Organizations Religious organizations that are directly funded under HPRP may not errgage in'rrrherently.rettgtouS' activities, such as worship, religious. instruction, or proselytization as part of the programs or services funded under HPRP. Subrecipient shall not, in providing program assistance, discriminate against a program participant or prospective program participant on the basis of religion or religious belief. G. Lobbving and Disclosure Subrecipient must comply with the disclosure requirements and prohibitions of section 319 of the Department of the Interior and Related Agencies Appropriations Act for Fiscal Year 1990 (31 U:S.c. 1352) (the Byrd Amendment), and implementing regulations at 24 CFR part 87. Applicants must disclose, using Standard Form LLL (SF-LLL), "Disclosure of Lobbying Activities," any .funds,. .other than federally appropriated funds, that will be or have been used to influence federal employees, members of Congress, or congressional staff regarding specific grants or contracts. H. Drug-Free Workplace Sub recipient must comply with the Drug-Free Workplace Act of 1988 (41lJ.5-,C. 701, et seq.) and HUD's implementing regulations at 24 CFR Part 21. Page 14 of 22 I. Procurement of Recovered Materials HUD funds used for procurement by Subrecipient and any person contracting with Subrecipient with respect to work performed under an assisted contract, must comply with the requirements of Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. In accordance with Section 6002, agencies and persons must procure items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,OdO or the value of the quantity acquired in the preceding fiscal year exceeded $10,000; must procure solid waste management services in a manner that maximizes energy and resource recovery; and must have established an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. 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 be in full force and effect. XI: SECTION HEADINGS AND SUBHEADINGS The section headings and subheadings contained in this Agreement are included for convenience 0fl~and shall not limit or otherwise affect the terms ofthis Agreement. XII: WAIVER The Grantee's failure to act with respect to a breach by the Subrecipient does natwaive 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. XIII: ENTIRE AGREEMENT This agreement constitutes the entire agreement between the Grantee and the Subrecipient 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 Subrecipient with respect to this Agreement. (INTENTIONALLY LEFT BLANK) Page 15 of 22 SIGNATURE PAGE IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above. ATTEST: AUGUSTA, GEORGIA (Grantee) By: Ul~-::Jt;;hav.r ,,"flV! As its Mayor ~ v-o ATTEST: CSRA ECONOMIC OPPORTUNIITY AUTHORITY, INC. (Subrecipient) SEAL ByCl10-J- ~ Gloria B. Lewis As its Executive Director J Ilvd~ I. Angedittle As its Corporate Secretary to Frederick L. Russell Ptm~n:ralor Chester A. Wheeler, III Director AHCDD -- ~. Page 16 of 22 EXHIBIT "A" SCOPE OF SERVICES AND TIMETABLE The Subrecipient will be responsible for administering the Homeless Prevention Program ina manner satisfactory to the Grantee and consistent with any standards requiredas a condition of providing these funds. Such program will include the following activities eligible under the-ttornelessness Prevention and Rapid Re-Housing Program: I. SCOPE OF SERVICES A. Activities 1. Homelessness Prevention - The program is designed to provide homelessness prevention assistance to households who would otherwise become homeless, many due to the economic 'CftstS. The targeted population facing housing instability will be individuals and families who are currently in housing but are at risk of becoming homeless and need temporary rent or utility assistance to prevent them from becoming homeless or assistance to move to another unit. Assistance will be targeted and prioritized to serve households that are most in need of temporary assistance and are most likely to achieve stable housing, whether subsidized or unsubsidized, after temporary assistance expires. Assistance will be provided in the form of financial assistance for short-term (3 months) needs to include rental assistance, security deposits and first month's rent, utility payments and utility deposits. In addition, moving costs, motel/hotel vouchers, case management, mediation/outreach and credit repair services will be provided to program participants. Payment of assistance- will be'madedrrect/y to the rental or utility company and/or other third-party vendors. Any program participants receiving short-term rental assistance and need additional financial assistance to remain housed will be evaluated for eligibility to receive up to 15 adQ.i.tional months of medium-term rental assistance. For every program participant being assisted, a comprehensive assessment will be performed to include an individual housing and services plan which will be developed within 30 days upon admission in the program. The plan will be designed to support the program participants in maintaining his/her housing and will contain clearly stated goals and outcomes. In consultation with each client, case management, public benefits and entitlement advocacy and any other services in support of housing stability will be provided to program.. participants~ Program participants receiving medium-term assistance will be evaluated every 3 months. Additionally, aftercare follow-up tracking of program participants will be performed 6 months after departure from the program. Program Delivery The program will operate at 730 East Boundary, Augusta, Georgia, Monday through Friday from 9:00 a.m. to 4:30 p.m. Housing related services will be provided annually to 56 eligible program participants with incomes at or below 50% ofthe area median income. Page 17 of 22 General Administration The Board of Directors manages the Subrecipient and the Executive Director manages the agency's programs. B. LEVELS OF ACCOMPLISHMENT - Goals and Performance Measures The Subrecipient agrees to provide the following levels of program services: Homeless Prevention 11 Total Units Year 1 Ending 09/30/10 56 Total Units Year 2 Ending 09/30/11 56 Total Units Year 3 Ending 03/31/12 Z5 Activity Units per Quarter (# to be served) C. Staffing Gloria Lewis, Executive Director is responsible for oversight and management of the project. Case Manager will be responsible for intake, participant needs assessment, crisis intervention" case management, housing advocacy, budgeting/money management, service coordination, financial payments for housing and follow-up. The HPRP Coordinator will oversee the project, provide support to case manager, perform program evaluation and complete reports. (INTENTIONALLY LEFT BLANK) Page 18 of 22 II. BUDGET (a) (b) (a+b) Homelessness Rapid Re- Total HPRP Prevention housing Requested :< m . ". ','.: <, ':'" ,."."......,. : T.1mi.';' F1NA]\JCI~l.,ASSISTANCE ,.\ .......,. ....; ........:, , m' Short-term Rental Assistance to prevent eviction (up to 3 112,000 0 112,000 mos.)/Medium-term Rental Assistance (4 to 18 mos.) including 6 months for arrears (back rent owed) Security Deposits & first month's Rent 1,000 0 1,000 Rental Assistance for last month's Rent 0 0 0 Utility Payments (up to 18 mos. or 6 mos. of payments in 4,600 0 4,600 arrears) Utility Deposits 800 0 800 Moving Costs 1,000 0 1,000 Motel/Hotel Vouchers 600 0 600 . HOLISIN,GRELOCA],lO:N&.'.STAl3Ii..lZATtON ",.'.,. m. ......,:.,....,.....:." '::'.," . Case Management 25,600 . 0 25;600" Mediation Services/Outreach (with property owners) 1,600 0 1,600 Housing Search & Placement Services 0 0 O. (tenant counseling, securing utilities, etc.) Legal Services 0 0 0 Credit Repair 2,800 0 2,800 TOTAL 150,000 0 150,000 Any amendments to the budget must be in writing and approved by the Grantee'sDirector ofHottsing and- Community Development Department. III. DRAW DOWN SCHEDULE Funds shall be drawn down in accordance with the schedule below: Quarter 1 2 3 Time Period 10/01/09- 01/01/10- 04/01/10- 12/31/09 03/31/10 06/30/10 $15,000 $15,000 $15,000 Draw down (minimum) 4 07/01/10- 09/30/10 $15,000 5 10/01/10- 12/31/10 $15,000 Draw down (minimum) Mandatory Orawdown % 6 01/01/11- 03/31/11 $15,000 7 04/30/11- 06/30/11 $15,000 8 07/01/11- 09/30/11 $15,000 9 10/01/11- 12/31/11 $15,000 10 01/01/12- 03/31/12 $15,000 Quarter Time Period $105,000 700/0 $150,000 100% Page 19 of 22 EXHIBIT "B" PROGRAM REQUIREMENTS Subrecipient shall operate this project funded through the City's Homelessness Prevention and Rapid Re-Housing Program according to the following guidelines: 1. Accounting and related records of Subrecipient shall comprise the following as a minimum: a. Voucher System - All supporting documentation, such as purchase order, invoices, receiving reports and requisitions. b. Books of Original Entry - Cash receipts and disbursements journa~ generalledgerh 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 Record - Attendance records shall be maintained for all personnel paid with HPRP funds. This applies to part-time as well. as full-time persqnnel. 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 name1job 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 Subrecipient. 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. h. Petty Cash - Subrecipient is encouraged to use an imprest system and adhere to a monthly, or if necessary, more frequent reimbursement procedure i-f any HP.RP.fttrH:J.s. are used as petty cash. i. 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, Subrecipient is obligated to conform to the more restrictive practices and Page 20 of 22 procedures. It is recommended that Subrecipient use a formal prenumbered purchase order system where possible and applicable. j. Inventories - Subrecipient 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 HPRP funds. k. Property Records - Subrecipient is required to maintain formal subsidiary records to control all project property and equipment. Suchrerords shatt-disdase 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 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. Subrecipient 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 access!ble to the Grantee's staff, HUD officials and others who may be authorized to examine such records. Page 21 of 22 , , EXHIBIT "c" REPORT SCHEDULE Audit 1 year - October 15, 2010 2nd year - October 15, 2011 3rd year - April 15, 2012 30 days after receipt of Audit Report PERIOD COVERED For prior month activities For prior month activities For prior quarter activities Grant Period Year 1: 10/01/09 - 09/30/10 Year 2: 10/01/10 - 09/30/11 Year 3: 10/01/11- 03/31/12 Subrecipient audit period REPORT Monthly Progress Report Monthly HMIS Report Quarterly Performance Report DUE 5th day of month 5th day of month 5th day of quarter Annual Performance Report ATTACHMENTS 1. HUD HPRP FR-5307-N-01, March 19,2009 Notice 2. Augusta Homelessness Prevention and Rapid Re-Housing Guidelines 3. 24 CFR Part 84 - Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and other Non-Profit Organizations 4. OMB A-122 Circular - Cost Principles for Non-Profit Organizations 5. OMB A-133 - Audits of States, Local Governments and Non-Profit Organizations 6. Fair Market Rents for Year 2009 7. City Procurement Policy FORMS 1. Verification and Certification of Homelessness 2. Participant Income Eligibility 3. Reimbursement Request and Checklist 4. Rent Reasonableness Checklist 5. Report - Monthly Progress 6. Report - Quarterly Performance 7. Report - Annual Performance 8. Time Sheet Page 22 of 22