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HomeMy WebLinkAboutGEORGIA LEGAL SERVICES PROGRAM 2010 ESG PROGRAM $10,000y a b � AGREEMENT BETWEEN AUGUSTA, GEORGIA AND GEORGIA LEGAL SERVICES PROGRAM, INC. FOR YEAR 2010 EMERGENCY SHELTER GRANT (ESG) PROGRAM This agreement made and entered into this 1 day of January,-2-01 by and between Augusta, Georgia, and through the Augusta-Richmond i i t Commission, s the Implementor of the Emergency S a GEORGIA LEGAL SERVICES Shelter Grant Program (hereinafter referred to "Grantee") PROGRAM, INC., (hereinafter referred to as the "Subrecipient "). WHEREAS, the Grantee has made application no Title entered Housing and Community Development Act A t of 1974f Housing and Urban Development purs as amended and implementing gulations "ESG'); in Title 24 Code of Federal Regulations (CFR) Part 576, relating to Emergency She lte WHEREAS, the City, as an planning e and evaluation thin E S G s respective jurisdiction ps' of e the r ESG administration, implementation, Program and for the HUD Consolidated Plan; and WHEREAS, the purpose of the ESG Program is to help improve the quality of existing emergency cost of shelters for the homeless, to help make koavdainable adt essent essential all serve to homeless famters, to help meet and operating emergency shelters and o providing certain individuals, so that these persons to to attain selfSSUffic encyeand but also to the supportive services and other kinds of assistance they need WHEREAS, the services which are funded by the C{ ESG Pn weth tlhe homeless come indivivals families within the respective jurisdiction of the y, found in the HUD Section 8 Guidelines. WHEREAS, the Grantee desires to engage the Subrecipient to render certain services, programs, or assistance in connection with such undertakings of the Emergency Shelter 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 Shelter Grant (ESG) Program ram" shall mean that The term "Emergency Shelter Grant Progray "Prog of the City and funded by an Emergency the Housing and Community Develop mentDepartment Grant applied for by the City ande ed t and b y H HUD's as at 24 CFR Part 576 a afm�elndedof the McKinney -Vento Homeless Assis tanc 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 Emergency Shelter Grant awarded by HUD. City The term "City" shall mean Augusta, Georgia. 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" does 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 limit established by HUD (80% 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 Subrecipient in an amount not to exceed Ten Thousand Dollars and not cents ($10,000.00) (hereinafter the "Grant ") to implement the following project(s): "HOMELESS PREVENTION/LEGAL ADVOCACY PROJECT" Subrecipient will provide legal representation in the courts to low income persons facing eviction or foreclosure. Said project is more fully set forth in Exhibit "A" attached hereto and made a part hereof. ARTICLE III: NOTICES Subrecipient and the Grantee agree that all notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), 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 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: 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 Augusta, Georgia 30901 If to Subrecipient: Georgia Legal Services Program Attention: Phyllis Holmen, Executive Director 209 Seventh Street, Suite 400 Augusta, GA 30901 ARTICLE IV: GENERAL CONDITIONS A. General Compliance The Subrecipient agrees to comply with the requirements of Title 24 of the Code of Federals Shelter Regulations, Emergency Part 576 (the U.S. Housing and U does Ho l t assume tge ( Gra n tee's env onmental responsibilities and (2) (ESG)) except that (1) the Subrecipient pient the Subrecipient does not assume the Grantee'responsibility te aod lou g th i pr oc es d s. policies ugo ve 1 m ng also agrees to comply with all other applicable Fe the funds provided under this Agreement. The s Subrecipient further agrees to utilize funds available under this Agreement to supplement rather than supplant fund B. Independent Contracto Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer /emwithee between o he services Subrecipient shall under times remain an Independent Contractor ent of all Unemployment Compensation, FICA, retirement, Agreement. The Grantee shall be exempt from paym 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 nonperformance of the services or subject matter called for in this Agreement. 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 ge to The Subrecipient shall carry sufficient insurance c as e a minimum t shall g pu purchase blanket fidelity bond theft, fraud and /or undue physical damage, and covering all employees in an amount equal to d a nsura ' ceurequieements ofc24 CFR 84 31 Grantee. and 84.4h8, vanes from the Subrecipient shall comply with the bonding a Bonding and Insurance. F. Grantee's Recognition sure recognition tems utilized pursuant to this Agreement shall be prominently through The Subrecipient shall in Agreement. All activities, facilities and labeled as to funding source. In addition, the Subrecipient will include a reference to the support provided herein in all publications made possible with funds made available under this Agreement G. Amendments ent at any 1. The Grantee or Subrecipient may A amend ment, and are executed ntlwriti provided v s signed h by a duly authorized make specific reference to this g b the Grantee's governing body. Such representative of each organization, and app roved Y amendments shall not invalidate this Agreement, nor relieve or release the Grantee or Subrecipient from its obligations under this Agreement. 2. It is further understood that the Grantee is responsible to HUD for the administration P a funds the event consider and act upon reprogramming recommendations as proposed by that the Grantee approves any modification, amendment, or alteration to the funding allocation, the Subrecipient 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 Subrecipient will 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 Subrecipient's budget as long as such changes do not increase in the grant amount set forth in the "Budget'. 5. The Grantee may, in its discretion, amend availa fund ngnamounts�ror for reasons. If s governmental guidelines, policies amendments result in a change is Agreement, such m difiiicat ons will be schedule nco incorporated. ated . only activities by written undertaken as part of th g . amendment signed by both the Grantee and Subrecipient. 6. It is further understood that the Subrecipient shall be allowed only established end of grant period ment. No amendment will be granted to extend the agreement beyond the H. Suspension or Termination 3, the Grantee terms of this Agreement,'whchhncude eb t are 1. In accordance with 24 CFR 85.4 not Subrecipient materially fails to comply Y 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 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 ltt ng forth the reasons such term by nafonr o t he Grantee or the Subrecipient, in whole n part, by se the effective date, and, in the the Grantee determines t thatt the g portion the case of a partial termination, of he award will not accomplish the purpose for which the award was made, the Grantee may terminate the award in its entirety. I. Matching Funds may The Subrecipient must match dollar - per - dollar ma in-kin n kigd servicesunSubrecipie dshall C �no less V frequ ' ty be in the form of dollars, professional services, than monthly during the term of this Agreement, provide adequate documentation to Grantee o� With the ng t funds or in -kind services obtained. Such information shall be included in the information may be included the supp e Request for Reimbursement. In calculating the amount of matching funds, sal paid to staff in value of any donated material or building: gramsv a the t m services contributed by volunteers to carrying out the emergency s p per hour. The Grantee shall carry out the emergency shelter program, determined at the rate of $10.00 p y method reasonably determine the value of any donated material or building or any lease using an calculated to establish a fair market value. Failure to obtain such matching funds or in -kind services from shall be ESG f ndsrbeyond the amounts goe which h and result in the denial of payment or reimbursement matching funds are available. J. Home less Management Inform System population, Subrecipient agrees to fully participate in Pathways As a provider of services for the homeless pop Community Network, Inc., the designated Homeless Manag ement Information System, on an ongoing basis by inputting client data on a regular basis into the computer information gathering system. ARTICLE V. ADMIN{STRATIVE REQUIREMENTS A Financial Manageme 1. Accounting Standard _ The Subrecipient agrees to co mply e r 24 C aequate internal controls, and maintain necessary principles and procedures required therein, utilize source documentation for all costs incurred. 2. Cost Principles The Subrecipient shall administer its program in conformance with OMB Circulars A -122, "Cost Principles for Non - Profit Organizations," led for all costsrincurrred or ( whether c a di ect or applicable. These p rinciples shall be app indirect basis. authorized (a) Subrecipient gives the Grantee, HUD, and the Comptroller Gen aral,rs, oo documents relating representatives, access to and the right to examine all records, books, p pe to the Project. ts in accordance with (b) Subrecipient agrees to maintain books, r eact des that sufficiently and properly reflects general accepted accounting procedure the Grantee under this Agreement. all expenditures of Grant funds provided by c All Grant funds disbursed through an Emergency Shelter Grant shall be used only v f r eligible activities specifically outlined in this Agreement. The Subrecipient shall comply any conditions and timetables set fort etab e's, Agreement. r if the Subrecipient ceases So exist or does not carry out another not comply with the conditions and tim the services for which the Grant shall bean defauS the event default, the Grantee may eligible project, the Subrecipient t. In th t. exercise any rights or remedies provided in this Ag B. Documentation and Recordkeep 1. Records to be Maintained The Subrecipient 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: a. All accounts, property and personnel records s deem d necessary e by Gantee to ensure proper accounting of all project funds and compliance 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; t the acquisition, improvement, use or disposition of real property d. Records required to documen acquired or improved with ESG assistance; e. Financial records as required by 24 CFR 84.21 -28. 2. Retenti on The 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 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 on for the final time. Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited that have started before the expiration of the five -year period, then such records must 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 Subrecipient 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. 4. Disclosure The Subrecipient understands that client information collected under this Agreement is private and the use or disclosure of such information, when not directly connected with the administration of the Grantee's or Subrecipient's responsibilities with respect to services provided under this Agreement, is prohibited by unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian. 5. Close -outs The 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 any period that a Subrecipient t has Agreement shall remain in effect funds, during including program income. 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 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. 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. The Subrecipient hereby agrees to have an annual agency audit conducted in accordance with current Grantee policy concerning Subrecipient audits and OMB Circular A -133. C. Reporting and Payment Procedures 1. Program Income The Subrecipient shall report "monthly' all program income generated by activities carried out with ESG funds made available under this Agreement. The use of program income by the Subrecipient shall comply with the requirements set forth at 24 CFR 84.24. By way of further limitations, the Subrecipient 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 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 $0. 2. Indirect Costs If indirect costs are charged, the Subrecipient will develop an indirect cost allocation plan for determining the appropriate Subrecipient's share of administrative costs and shall submit such plan to the Grantee for approval, in a form specified by the Grantee. 3. Invoicing and Payment Procedures 1) In order to obtain reimbursement from the Grantee in connection with the Project, Subrecipient shall provide the following information: a. Subrecipient shall submit Monthly Progress Reports for the Project in the form attached hereto as Exhibit "D" detailing accomplishments for the report period and the number of participants broken down by race, sex and female head of household. In addition, for each Program participant, the Subrecipient shall complete a "Verification and Certification of Homelessness" Exhibit E" and "Participant Income Eligibility Form in the form attached hereto as Exhibit "Fn and shall submit such forms with its Monthly Progress Report. The Monthly Progress Report, Verification and Certification of Homelessness and Participant Income Eligibility forms must 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. b. The Subrecipient shall submit time sheets as backup documentation for salary reimbursement. In addition, the Subrecipient shall submit mileage, if applicable. c. Request for reimbursement by Subrecipient shall be accompanied by invoices, cancelled checks, receipts or other documentation evidencing funds expended by Subrecipient. d. The Grantee agrees to reimburse costs allowable under Federal, State and Local guidelines. 2) _ 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. 3) 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. 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 15 day of each calendar month for work performed during the preceding calendar month. The Subrecipient shall not claim reimbursement from the Grantee for that portion of its obligations which has been paid by another source of revenue. 4) 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. 4 A Progress Reports The Subrecipient shall submit Monthly Progress Reports to the Grantee in the form (Exhibit D), content, as required by the Grantee. Progress reports shall be submitted by the 15 day of each month for prior month activities. Annual Reports The Subrecipient shall submit an Annual Performance Report to the Grantee in the form (Exhibit G), content as required by the Grantee. The Annual Performance Report shall be submitted to Grantee by January 15 following the year of the grant period. Procurement Compliance The 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. 0 out a. All procurement transactions reg in t manneg s to or ma mu m l o h pen regard to dollar value, shall be conducted free competition consistent with e Cost Principles for Non - Profit Organizations, OMB Circular A -110 Procurement Standards b. Subrecipient shall make positive efforts to utilize small busine and serves. owned business sources, as well as women -owned businesses, for supplies 2. OMB Standards Unless specified otherwise within this th agreement, unremen Subrecipient shall cure all materials, of 24 CFR 84.40- 48 property, or services in accordance w q 3. Travel The Subrecipient 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 Asses The use and disposition of real property and equipment under this Agreement shall be in of 24 CFR Part 8 compliance with the requirements 4.32 and 84.34, as applicable. Upon expiration of this Agreement, Subrecipient 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 Subrecipient agrees to comply with the following requirements imposed by HUD on the use of S p program funds: A. 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. ergency shelter must meet local housing, safety and sanitation C. Any building used for em codes. and lementin D. The requirements of the Fair Housing Act y b amend R d from time t me to time; regulations at 24 CFR Part 100, as the same maay Executive Order 11063 and i he I Civil t Right s A ct lo of 1964 (42U Part S.C. 2000d 4) and amended, a nd Title VI of t implementing regulations issued at 24 CFR Part 1, as the same may be amended; E. The prohibitions against discrimination nd implementing �egu atio as at 24 Part t as Act of 1975 (42 U.S.C. 6101-07) P the same may be amended, handicaps aps upnderbSectiong discrimination 504 offthe Rehabilitation Act of 973 qualified individuals w (29 U.S.C. 794), implementing regulations hall�nclude sleepngPaccommodations), (ot as the same Program, the term "dwelling may be amended, and the Americans he same Disabilities amend x;1990 (Public Law 101 -336 and implementing regulations, as 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 ma tee amended, and the requirements of the Employment and Agreementing Opp 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; 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 ameded, and the Flood forth Fllood nsu ance provis onsset forth in a 24 CFR 576.79(f), as the same may be amended; O. 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 Subrecipients 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." Q. Certification Regarding Lobbying — Subrecipient 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 10 entering into of r modification any Federal extension, continuation, renewal, amendment, Federal Ag eeme t,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 emplloyee oof a Member o Congress in connection with this Federal Agreement, grant, cooperative agreement, it will complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and 2) it will require that the language of paragraph (d) of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and Agreements under grants, loans, and cooperative agreements) and that all Subrecipients shall certify and disclose accordingly. ich Lobbying Certification - This this transaction was made representation entered into. oSubmiss on of s reliance was placed when section certification is a prerequisite for making or entering into this transaction imposed by 1052, title 31, U.S.C. t less than $10 000 and not more than certification $ 00,000 foreach shall be subject failure. to a civil penalty of not le In addition to, and not in substitution eemed to r other relig ous or denom nat denominational institution or t organization, or an funds, if the Subrecipient is deem organization operated for religious an organization, Subr cipient agrees that, in c o nett an with the u e of the denominational institution or o g applicant for employment on the basis program funds: (1) it will not discriminate against any employee or app i of race, color, creed, religion, except as allowed by Executive Order 13279, sex, age, handicap, s di a law, ancestry, national origin, marital status, familial statu °r for housing, basis hous ng,shelpterhfservices or any eligible (2) it will not discriminate against any persons appl 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 religiou instruction or no nae in no counseling, conduct no religious worship of r services, shelter serviceseog othep eligible activity under other religious influence in the provision 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 otheryv affect the terms of this Agreement. ARTICLE I " WAIVER breach The �antee's failure to act with respect a The failure o the Grantee t to o exer exercise or enfor e any a gh f or respect to subsequent or similar breaches. provision shall not constitute a waiver of such right or provision. 11 ARTICLE X: 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. 12 SIGNATURE PAGE IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above. ATTEST: SEAL en a/ . o ner Clerk of Commission AUGUSTA, GEORGIA (Grantee) BY. David S. C penhaver As its Mayor 2 1 ) e rederick L. Russell City Administrator A C.hester A. Wheeler, III Director AHCDD t Andrew G. Mac en,' Interim General Counsel ATTEST: EAL i Venzella Stowers A its Corporate Se tar (Plain Witness) GEORGIA LEGAL SERVICES PROGRAM, INC (Subrecipient) BY: n - - Ph i Holmen As its Executive Director 13 EXHIBIT "A" SCOPE OF SERVICES AND TIMETABLE The Subrecipient will be responsible for administering the Homeless Prevention /Legal Advocacy Project offering legal assistance to low income persons facing eviction or foreclosure 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 Shelter Grant Program: SCOPE OF SERVICES A. Activities — Legal Assistance The Subrecipient will provide free legal assistance to persons who are homeless or in jeopardy of becoming homeless and are at or below the federal poverty guidelines. Specifically, legal assistance will be provided to persons facing foreclosures, eviction from public housing and loss of permanent housing, loss of financial stability through legal representation in unemployment compensation hearing, facing displacement caused by domestic violence and facing loss and reduction of federal entitlement benefits. GLSP will educate tenants living in public housing on tenants' rights under federal and state law. Tenants living in private housing will be targeted for workshops on tenants' rights under Georgia law. Program Delivery The program will operate January 1 - December 31, 2010, Monday — Friday, from 9:00 a.m. — 5:00 p.m. It is anticipated that 125 persons will be provided services during this program year. The office is located at 209 Seventh Street, Suite 400, Augusta, Georgia. ESG funding will be used to supplement the activities of staff attorneys in the delivery of legal assistance to the homeless community, provide legal assistance in eviction and foreclosure proceedings, conduct community education seminars, distribute legal rights brochures, develop and distribute resource manuals and assist clients in obtaining public benefits. General Administration The Board of Directors manages the Subrecipient, the Managing Attorney oversees the legal work performed by all casehandlers and supervises all GLSP- Augusta staff. The Office Manager supervises all clerical staff. B. LEVELS OF ACCOMPLISHMENT - Goals and Performance Measures The Subrecipient agrees to provide the following levels of program services: Activity I Units per Mont Total Units /Year Homeless Prevention (Professional Legal Services) J 11 persons 125 persons C. Staffin Kenneth Jones, Managing Attorney oversees the legal work performed by all case handlers and supervises all GLSP- Augusta staff. Work hours are: Monday- Friday, 9:00 a.m.- 5:00 p.m. Joyce Sims, Supervising Attorney supervises an attorney and a paralegal under the Elder Legal Assistance Program. Work hours are: Monday- Friday, 9:00 a.m.- 5:00 p.m. Clerical staff is responsible for support and the clerical aspects of the program. Work hours are: Monday- Friday, 9:00 a.m.- 5:00 p.m. 14 D. Performance Monitoring The Subrecipient agrees that the Department may carry out periodic monitoring activities as determined necessary by the Department. At a minimum, monitoring shall occur annually, and it may occur more frequently if the Department deems it necessary. The Department will provide the Subrecipient with advance notice in writing prior to any monitoring activities. Such monitoring shall consist of evaluating the Subrecipient's compliance with the terms and conditions of this Agreement, and comparing the Subrecipient's projected Project schedule, budget and output with its actual performance. Upon request, the Subrecipient 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 Subrecipient 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 Subrecipient 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 Subrecipient within a reasonable period of time after being notified by the Grantee, Agreement suspension or termination procedures will be initiated. TIME OF PERFORMANCE Services of the Subrecipient shall start on January 1, 2009 and end on December 31, 2009. The term of this Agreement and the provisions herein shall be extended to cover any additional time period during which the Subrecipient remains in control of ESG funds or other ESG assets, including program income. III. BUDGET - . • I a - - i• • r •- c•c ..�.n •- ri• • • cr•+ - • ••oc• +. 1111 n Any amendments to the budget must be in writing and approved 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 $10,000, Draw downs 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 Subrecipient's financial management system in accordance with the standards specified in 24 CFR 84.21. Subrecipient is also responsible for submitting to the Grantee, monthly progress reports, time sheets (if applicable), mileage (if applicable), 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. 15 EXHIBIT "B" PROGRAM REQUIREMENTS Subrecipient shall operate this project funded through the City's Emergency Shelter Grant Program according to the following guidelines: 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. 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 Record - Attendance records shall be maintained for all personnel paid with ESG funds. 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 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 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, Subrecipient is obligated to conform to the more restrictive practices and procedures. It is recommended that Subrecipient use a formal pre- numbered purchase order system where possible and applicable. 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 ESG funds. Property Records - Subrecipient is required to maintain formal subsidiary records to control all project property and equipment. Such records shall disclose the acquisition lity 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 accessible to the Grantee's staff, HUD officials and others who may be authorized to examine such records. EXHIBIT "C" REPORT SCHEDULE REPORT DUE PERIOD COVERED Monthly Progress Report 15 day of each month Jan -Dec For Prior month activities Annual Performance Report January 15 after year of grant period Grant Period ( January 1 — December 31 ESG Match Log Report 15 day of each month (Jan -Dec) accompanied with the Reimbursement Request Grant Period (January 1 — December 31) Audit 30 days after receipt of Audit Report Subrecipient's audit period 17