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ORIGINAL
AGREEMENT BETWEEN AUGUSTA, GEORGIA
AND
GEORGIA LEGAL SERVICES PROGRAM, INC.
HOMELESSNESS PREVENTION AND RAPID RE-HOUSING 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
Georgia Legal Services Program, 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 evaluation 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 must benefit individuals and fammes 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: short-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 east asststam:e; a-I'lfrcase.
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.
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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 "Iow 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 withoutchHdrenthat 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.
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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 Forty-Five Thousand
dollars and no cents ($45,000.00) hereinafter the "Grant" to implement the following project(s):
"Homeless Prevention/Legal Advocacy"
Subrecipient will operate a homeless prevention program designed to provide legal services to
households who are at risk of being 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 of the 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 $45,000.00. 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 m..
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 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 shaltoe
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
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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:
Georgia Legal Services Program, Inc.
Attention: Kenneth Jones, Managing Attorney
209 Seventh Street, Suite 400
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 Subrecipientstralt atatl
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, FltA,
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.
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 blanket fidelity bond
covering all employees in an amount equal to cash reimbursements/advances from the Grantee. The
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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 inwritfng, signed by a
duly authorized representative of each organization, and approved by the Grantee Director.
Such 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 of funds
and may consider and act upon reprogramming recommendations as proposed by its
Subrecipient. In the event that the Grantee approves any modification, amendment or
alteration to the funding allocation, the Subrecipient shall be notified pursuant to Section V and
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'tnthe'grantammmtsetforth-irr
the "Budget".
5. The Grantee may, in its discretion, amend this Agreement to conform with Federal, state or local
governmental guidelines, policies and available funding amounts, or for other reasons. tfsuctr
amendments result in a change in the funding, the scope of services, or schedule of the activities
to be undertaken as part of this Agreement, such modifications will be incorporated only by
written amendment signed by both the Grantee and Subrecipient.
6. 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 estabHshed
end of grant period.
H. Suspension or Termination
1. In accordance with 24 CFR 85.43, the Grantee may suspend arterminatethisAgreement 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;
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(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.partianto. be. terminated.
However, if in the case of a partial termination, the Grantee determines that the remaining portion of
the award will not accomplish the purpose for which the award was made, the Grantee may terminate
the award in its entirety.
VII. SPECIAL CONDITIONS
1. Homeless Management Information System
As a provider of services for the homeless population, Subrecipient agrees to fully 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 basis and
reporting on outputs and outcomes as required by HUD.
2. Continuum of Care
Subrecipient agrees to become a member of the 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 Ilumber aoo
complete or renew agency's registration in the Central Contractor Registration (CCR) at www.ccr.gov.
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 IncometAMt~;
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.
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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
Homelessness Prevention 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 rentaf
cost, which must be in compliance with HUD's standard of "rent reasonableness." This would include
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,arnenities,manag,ement 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 Administrative 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.
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 toexamrneall records, books, papers
or documents relating to this Project.
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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 oc re.mediesprQvided 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. Such
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, genrler,disabHity
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 shourd include the
following:
Eviction
Eviction notice from landlord and copy of
payment made onbehalfofctient:
Notice of termination from the utility provider
and copy of payment made on behalf of client.
Copy of payment(s)madeonbehalf of client.
Utility shut off
Individual or family leaving shelter and
needing any combination of first/last month
rent, security deposit, screening fee
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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 dwelling
Persons being released from
jailor prison, or leaving an
inpatient mental health facility
or chemical-dependency
treatment facility
Persons fleeing domestic
violence
Information should be obtained to indicate that the participant is living 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 s.treet or in shart~termemergency
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 housing facility. The
verification should be signed and dated by the referring agency personnel.
Obtain evidence of formal evictionnotice-indicahng tnatHle'p-artici~ant 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 f6rmaf eviCtion process, persons are
considered evicted when they are forced out of the dwelling unit by
circumstances beyond their control. In thoseinstances,obt.una signed and
dated statement from the participant describing the situation. Subrecipient
must make efforts to confirm thatthesecifc~mstan<;es are true allQ.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.
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.
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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.
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.
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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.
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 lStltday oreach
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 ($31,500) of grant funds must be drawn down by June 30, 2011, and 100 percent
($45,000) 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
acco!l1plishments for the report period and the number of participantsorokel'lduwn' 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 Hometessnessamt 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, cancerrea
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.
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.
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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 ofthis 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. OMB 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.
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
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have an interest in any cantract, subcantract ar agreement with respect thereto. or the proceeds
hereunder, either far himself/herself af far thase with wham he/she has family ar business ties, during
his/her tenure ar for ane year thereafter.
B. Habitability Standards
If rental assistance is pravided, Subrecipient shall canduct initial and any appropriate follaw-up Hausing
Quality Standards (HQS) inspectians af hausing units into. which a program participant will be maving.
New af different hausing units shall be inspected befare accupancy, an an annual basis and upan
change of tenancy. A capy af a completed HQS inspection farm shall be maintained in program
participant files.
C. Nondiscriminatian and Equal Opportunity
Subrecipient shall camply will all applicable fair hausing and civil rights requirements in 24 CFR 5.105(a).
Subrecipient must make known that HPRP rental assistance and services are available to all an a
nondiscriminatory basis and ensure that all citizens have equal access to. informatian about HPRP and
equal access to the financial assistance and services pravided under this pragram. Subrecipient must
take reasanable steps to ensure meaningful access to. pragrams 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
ather communicatian related disabilities cansistent with Sectian 504 af the Rehabilitatian 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 persans af any particular race, colar, religian, sex,age,rTatrana~orrgfrT; famrmn'status'or
disability who may qualify far such rental assistance and services, Subrecipient must establish additianal
procedures that will ensure that such persans are made aware af the rental assistanceaooSeFVtces.
D. Affirmatively Furthering Fair Hausing
Subrecipient shall affirmatively further fair hausing opportunities for classespratected ullder the Fair
Hausing Act. Protected classes include race, color, national origin, religion, sex, disability and familial
status. Examples af affirmatively furthering fair housing include: 1) marketing the program to. all eligible
persons, including persons with disabilities and persans with limited English proficiency; 2) making
buildings and communications that facilitate applications and service delivery accessible to persans with
disabilities; 3) praviding fair housing counseling services or referrals to fair hausing agencies; 4)
infarming participants an how to. file a housing discriminatiancamplaint, indudingpro.viding the taU7
free number far the Hausing Discrimination Hotline; and 5) recruiting landlards and service praviders in
areas that expand hausing chaice.
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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 under the age of 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 with 24 CFR Part 35.125. A completed HQS inspection form
must be maintained in program participant's file.
F. Equal Participation of Religious Organizations
Religious organizations that are directly funded under HPRP may not engage in inherently religious
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, discriminateagatrTst aprogram-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 Hsca~ Ye-ar 1990(3-1 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
Subrecipient must comply with the Drug-Free Workplace Act of 1988 (41 U.S.c. 701, et seq.)
and HUD's implementing regulations at 24 CFR Part 21.
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
Page 14 of 21
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 $10,000 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 only and
shall not limit or otherwise affect the terms of this Agreement.
XII: WAIVER
The Grantee's failure to act with respect to a breach by the Subrecipient does not waive its right to act with
respect to subsequent or similar breaches. The failure of the Grantee to exercise or enforce any right or
provision shall not constitute a waiver of such right or provision.
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 21
SIGNATURE PAGE
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date firs.t written above.
ATTEST:
AUGUSTA, GEORGIA
(Grantee)
SEAL
By:
(j2~~ j/t----
Daid S. Copenhaver
As its Mayor
~1,,0'1
~
'\~
~t
~~,
t
,
Lena .8 ne : ~ j
Clerk of ~~Iilissl . -/ "I
~ ~ o. l\i't. .. J!i!
V"~ a.. l~" -*
~ ........oo.......ef> .;'
~~\ . GEOl:\G'~V
ATTEST: \.~""a~"....
,.
\
GEORGIA LEGAL SERVICES PROGRAM;tNC.
(Subrecipient)
BY: (jJJ~/~/ ~ 1/ ~
~~en
As its Executive Director
(#
Chester A. Wheeler, III
Director AHCDD
Page 16 of 21
EXHIBIT "A"
SCOPE OF SERVICES AND TIMETABLE
The Subrecipient will be responsible for administering the Homeless Prevention/Legal Advocacy Program 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 Homelessness Prevention and Rapid
Re-Housing Program:
I. SCOPE OF SERVICES
A. Activities
1. Homelessness Prevention - The program is designed to provide legal assistance to persons who are in
jeopardy of losing their home in an effort to help protect their legal rights, improve their quality of life and create
opportunities to move toward appropriate levels of autonomy and independence.
Program participants will receive free 1) legal representation in court and/or administrative hearings; 2)
negotiation on the program participant's behalf to remain in the home; and 3} advice and counseling where
representation at a court or administrative hearing is unwarranted and negotiations have failed.
Victims of domestic violence will be represented in helping them obtain Temporary Protective Orders which will
help them remain in the home, obtain child support and/or other financial assistance. Persons who have lost their
job will receive representation to obtain Unemployment Compensation Benefits.
For every program participant being assisted, a comprehensive assessment will be performed. 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. 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 209 Seventh Street, Suite 400, Street, Augusta, Georgia, Monday through Friday from
9:00 a.m. to 5:00 p.m. Approximately 200 eligible program participants with incomes at or below 50% of the area
median income will be assisted with legal services.
General Administration
Georgia Legal Services is a non-profit law firm that maintains twelve full-time offices. The regional offices are
supported by a central office in Atlanta, which houses central management, senior attorneys, technology support
and administrative functions.
B. LEVELS OF ACCOMPLISHMENT - Goals and Performance Measures
The Subrecipient agrees to provide the following levels of program services:
Total Units Total Units
Year 1 Year 2
Ending 09/30/10 Ending 09/30/11
200 200
Activity
Units per Quarter
(#to be served)
50
Total Units
Year 3
Ending 03/31/12
100
Homeless Prevention
Page 17 of 21
C. Staffing
Legal assistance is provided by six (6) legal workers, which include an attorney staff offive (5) and a paralegal.
Kenneth Jones, Managing Attorney, oversees the legal work performed by all case handlers, supervises all Augusta
staff and performs case reviews.
Joyce Sims, Supervising Attorney, handles various legal issues, conducts interviews of perspective clients,
investigates legal issues and represents client in court appearances.
Kristian Collins and Alex Brown, Staff Attorneys, handles various legal issues, conducts interviews of perspective
clients and investigates legal issues and represents clients in court and adrmrns.t~irtweappeaJ:ances.
Juanita Kenner, paralegal, manages the Homeless Prevention/Legal Advocacy Program. Her responsibilities include
matters related to loss or reduction in TANF, Food Stamps, 551, Social Security, Q:MB;M~dicare amtMedtcard,
conducts interviews of perspective clients and investigates legal issues, represents client in administrative hearings
and negotiates with governmental agencies on behalf of clients.
II. BUDGET
(a) tb} (a+b)
Homelessness Rapid Re- Total HPRP
Prevention housing Requested
Short-term Rental Assistance to prevent eviction (up to 3 0 0 0
mos.)/Medium-term Rental Assistance (4 to 18 mos.) including 6
months for arrears (back rent owed)
Security Deposits & first month's Rent 0 0 0
Rental Assistance for last month's Rent 0 0 0
Utility Payments (up to 18 mos. or 6 mos. of payments in arrears) 0 0 IT
Utility Deposits 0 0 0
Moving Costs 0 0 0
Motel/Hotel Vouchers 0 0 0
Case Management 0 0 0
Mediation Services/Outreach (with property owners) 13,500 0 13,500
Housing Search & Placement Services 0 0 0
(tenant counseling, securing utilities, etc.)
Legal Services 31,500 0 31,500
Credit Repair 0 0 0
TOTAL 4S~OOQ 0 45,000
Any amendments to the budget must be in writing and approved by the Grantee's Director of Housing and Community
Development Department.
Page 18 of 21
III. DRAW DOWN SCHEDULE
Funds shall be drawn down in accordance with the schedule below:
Quarter 1 2 3 4 5
Time Period 10/01/09- 01/01/10- 04/01/10- 07/01/10- 10/01/10-
12/31/09 03/31/10 06/30/10 09/30/10 12/31/10
Draw down $4/500 $4/500 $4/500 $4/500 $4/500
(minimum)
Draw down
(minimum)
Mandatory
Drawdown %
6
01/01/11-
03/31/11
$4/500
7
04/30/11-
06/30/11
$4/500
8
07/01/11-
09/30/11
$4/500
9
10/01/11-
12/31/11
$4/500
10
01/01/12-
'03/31/12
$4/500
Quarter
Time Period
$31,500
70%
$45,000
100%
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 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
HPRP 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
Page 19 of 21
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 ifany Fff1RP funas
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 restrktive practices and. .
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. Such records shall disclose tb.eacquisition
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.
Page 20 of 21
EXHIBIT "c"
REPORT SCHEDULE
REPORT
DUE
PERIOD COVERED
Monthly Progress Report
Monthly HMIS Report
5th day of month
For prior month activities
For prior month activities
5th day of month
Audit
1st year - October 15, 2010
2nd year - October 15, 2011
3rd year - April 15, 2012
30 days after receipt of Audit Report
For prior quarter activities
Grant Period
Year 1: 10/01/09 - 09/30/10
Year2: 1:0j01!1fj""- fJ9"j30j11
Year 3: 10/01/11- 03/31/12
Subrecipient audit period
Quarterly Performance Report
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-ProfitOrgantzatioflY
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 21 of 21