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