HomeMy WebLinkAboutSAFE HOMES OF AUGUSTA INC (ESG) PROGRAM 09
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AGREEMENT BETWEEN AUGUSTA, GEORGIA
AND
SAFE HOMES OF AUGUSTA, INC.
FOR
YEAR 2009 EMERGENCY SHELTER GRANT (ESG) PROGRAM
This agreement made and entered into this 1st day of Januarv, 2009, by and between Augusta, Georgia,
by and through the Augusta-Richmond County Commission, as the Implementor of the Emergency
Shelter Grant Program (hereinafter referred to as "Grantee") and SAFE HOMES OF AUGUSTA, INC.,
(hereinafter referred to as the "Subrecipient").
WHEREAS, the Grantee has made application and entered into a Agreement with the U.S. Department of
Housing and Urban Development pursuant to Title I, Housing and Community Development Act of 1974,
as amended and implementing regulations set forth in Title 24 Code of Federal Regulations (CFR) Part
576, relating to Emergency Shelter Grants ("ESG"); and
WHEREAS, the City, as an Entitlement Grantee for the ESG Program is responsible for the
administration, implementation, planning and evaluation within its respective jurisdiction of the ESG
Program and for the HUD Consolidated Plan; and
WHEREAS, the purpose of the ESG Program is to help improve the quality of existing emergency
shelters for the homeless, to help make available additional emergency shelters, to help meet the cost of
operating emergency shelters and of providing certain essential social services to homeless families and
individuals, so that these persons have access not only to safe and sanitary shelter, but also to the
supportive services and other kinds of assistance they need to attain self-sufficiency; and
WHEREAS, the services which are funded by the ESG Program must benefit homeless individuals and
families within the respective jurisdiction of the City, and in accordance with the income eligibility criteria
found in the HUD Section 8 Guidelines.
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
The term "Emergency Shelter Grant Program" or "Program" shall mean that program administered by the
Housing and Community Development Department of the City and funded by an Emergency Shelter
Grant applied for by the City and awarded by HUD as authorized pursuant to Subtitle B of title IV of the
McKinney-Vento Homeless Assistance Act and HUD's regulations at 24 CFR Part 576, as amended.
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 Twenty Thousand
dollars. ($20.000.00) (hereinafter the "Grant") to implement the following project(s):
"Domestic Violence Intervention Program"
Subrecipient will provide emergency shelter for those made homeless by domestic violence. 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
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With copy to:
Housing and Community Development Department
Attention: Chester A. Wheeler, III, Director
925 Laney-Walker Boulevard
Augusta, Georgia 30901
If to Subrecipient:
Safe Homes of Augusta, Inc.
Attention: Aimee Hall, Director
P. O. Box 3187
Augusta, GA 30904
ARTICLE IV: GENERAL CONDITIONS
A. General Compliance
The Subrecipient agrees to comply with the requirements of Title 24 of the Code of Federal Regulations,
Part 576 (the U.S. Housing and Urban Development regulations concerning Emergency Shelter Grant
(ESG)) except that (1) the Subrecipient does not assume the Grantee's environmental responsibilities and (2)
the Subrecipient does not assume the Grantee's responsibility for initiating the review process. The Subrecipient
also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies goveming
the funds provided under this Agreement. The Subrecipient further agrees to utilize funds available under this
Agreement to supplement rather than supplant funds otherwise available.
B. Independent Contractor
Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or
establishing the relationship of employer/employee between the parties. The Subrecipient shall at all
times remain an "Independent Contractor" with respect to the services to be performed under this
Agreement. The Grantee shall be exempt from payment of all Unemployment Compensation, FICA, retirement,
life and/or medical insurance and Workers' Compensation Insurance, as the Subrecipient is an
Independent Contractor.
C. Hold Harmless
The Subrecipient shall hold harmless, defend and indemnify the Grantee from any and all claims, actions,
suits, charges and judgments whatsoever that arise out of the Subrecipient's performance or
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 & Bondinq
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
Subrecipient shall comply with the bonding and insurance requirements of 24 CFR 84.31 and 84.48,
Bonding and Insurance.
F. Grantee's Recoqnition
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
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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
1. The Grantee or Subrecipient may amend this Agreement at any time provided that such amendments
make specific reference to this Agreement, and are executed in writing, signed by a duly authorized
representative of each organization, and approved by the Grantee's governing body. 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 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 Departmenfs Director shall be authorized to approve line item changes to the Subrecipienfs budget as
long as such changes do not increase in the grant amount set forth in the "Budgef'.
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. If such
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 established end of grant period.
H. Suspension or Termination
1. In accordance with 24 CFR 85.43, the Grantee may suspend or terminate this Agreement if the
Subrecipient materially fails to comply with any terms of this Agreement, which include , but are not
limited to the following:
(a) Failure to comply with any of the rules, regulations or provisions referred to herein, or such
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 may also be terminated for convenience by either
the Grantee or the Subrecipient, in whole or in part, by setting forth the reasons for such termination,
the effective date, and, in the case of partial termination, the portion to be terminated. However, if in
the 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.
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I. Matchina Funds
The Subrecipient must match dollar-per-dollar matching of ESG funds distributed by Grantee which may
be in the form of dollars, professional services, or in-kind services. Subrecipient shall, no less frequently
than monthly during the term of this Agreement, provide adequate documentation to Grantee of matching
funds or in-kind services obtained. Such information shall be included in the information supplied with the
Request for Reimbursement. In calculating the amount of matching funds, there may be included the
value of any donated material or building: the value of any lease on a building; any salary paid to staff in
carrying out the emergency shelter programs; and the time and services contributed by volunteers to
carry out the emergency shelter program, determined at the rate of $10.00 per hour. The Grantee shall
determine the value of any donated material or building or any lease using any method reasonably
calculated to establish a fair market value.
Failure to obtain such matching funds or in-kind services shall be declared a breach of this Agreement
and result in the denial of payment or reimbursement from ESG funds beyond the amounts for which
matching funds are available.
J. Homeless ManaQement 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 by inputting client data on a regular basis into the computer information gathering system.
ARTICLE V. ADMINISTRATIVE REQUIREMENTS
A Financial Manaaement
1. Accountina Standards
The Subrecipient agrees to comply with 24 CFR 84.21-28 and agrees to adhere to the accounting
principles and procedures required therein, utilize adequate intemal controls, and maintain necessary
source documentation for all costs incurred.
2. Cost Principles
The Subrecipient shall administer its program in conformance with OMS Circulars A-122, "Cost
Principles for Non-Profit Organizations," or A-21 , "Cost Principles for Educational Institutions," as
applicable. These principles shall be applied for all costs incurred whether charged on a direct or
indirect basis.
(a) Subrecipient gives the Grantee, HUD, and the Comptroller General, through any authorized
representatives, access to and the right to examine all records, books, papers, or documents relating
to the Project
(b) Subrecipient agrees to maintain books, records, and documents in accordance with
general accepted accounting procedures and practices that sufficiently and properly reflects
all expenditures of Grant funds provided by the Grantee under this Agreement.
(c) All Grant funds disbursed through an Emergency Shelter 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 ESG
eligible project, the Subrecipient shall be in default. In the event of default, the Grantee may
exercise any rights or remedies provided in this Agreement. .
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B. Documentation and RecordkeeoinQ
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 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;
c. For Homeless Prevention activities, records to document persons "at risk" of being
homeless;
d. Records required to document the acquisition, improvemen~ use or disposition of real property
acquired or improved with ESG assistance;
e. Financial records as required by 24 CFR 84.21-28.
2. Retention
The Subrecipient shall retain aU 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 assets. Not withstanding the foregoing, the terms of this
Agreement shall remain in effect during any period that the Subrecipient has control over ESG funds,
including program income.
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Any Grant funds remaining at the end of the Agreement period shall be retumed 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. Reoortina and Pavment Procedures
1. Proaram 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. Invoicina 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 "F" 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
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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 3D-day turnaround period by
Grantee. Requests for payments must be received by Grantee not later than the 15th
day of each calendar month for work performed during the preceding calendar month.
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. Proaress 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 15th day of each
month for prior month activities.
5. 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.
D. Procurement
1. 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.
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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 the Cost Principles for Non-Profit Organizations, OMB
Circular A-11 0 "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
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 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. 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 agree to comply with the following requirements imposed by HUD on the use of
program funds:
A. Title 24, Code of Federal Regulations, Part 576;
B. 42 U.S.C. 9 11371-11378-Title IV, Subtitle B of the Stewart B. McKinney Homeless
Assistance Act.
C. Any building used for emergency shelter must meet local housing, safety and sanitation
codes.
D. The requirements of the Fair Housing Act (42 U.S.C. 3601-20) and implementing
regulations at 24 CFR Part 100, as the same may be amended from time to time;
Executive Order 11063 and implementing regulations at 24 CFR Part 107, as may be
amended; and Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d-4) and
implementing regulations issued at 24 CFR Part 1, as the same may be amended;
E. The prohibitions against discrimination on the basis of age under the Age Discrimination
Act of 1975 (42 U.S.C. 6101-07) and implementing regulations at 24 CFR Part 146, as
the same may be amended, and the prohibitions against discrimination against otherwise
qualified individuals with handk;aps under Section 504 of the Rehabilitation Act of 1973
(29 U.S.C. 794), implementing regulations at 24 CFR Part 8 (for the purposes of this
Program, the term "dwelling units" shall include sleeping accommodations), as the same
may be amended, and the Americans with Disabilities Act of 1990 (Public Law 101-336)
and implementing regulations, as the same may be amended;
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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 may be
amended, and the requirements of the Employment and Agreementing Opportunities
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. The Environmental Review provisions set forth in 24 CFR Part 576, as the same may be
amended, and the Flood Insurance provisions set forth in 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
entering into of any cooperative agreement, and the extension, continuation,
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renewal, amendment, or modification of any Federal Agreement, 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 employee of a
Member of Congress in connection with this Federal Agreement, grant, loan, or
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.
Lobbying Certification - This certification is a material representation of fact upon which
reliance was placed when this transaction was made or entered into. Submission of this
certification is a prerequisite for making or entering into this transaction imposed by section
1352, title 31, U.S.C. Any person who fails to file the required certification shall be subject
to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
In addition to, and not in substitution for other provisions of this Agreement regarding the use of program
funds, if the Subrecipient is deemed to be a religious or denominational institution or organization, or an
organization operated for religious purposes which is supervised or controlled by a religious or
denominational institution or organization, Subrecipient agrees that, in connection with the use of the
program funds: (1) it will not discriminate against any employee or applicant for employment on the basis
of race, color, creed, religion, except as allowed by Executive Order 13279, sex, age, handicap, disability,
ancestry, national origin, marital status, familial status, or any other basis prohibited by applicable law,
(2) it will not discriminate against any persons applying for housing, shelter, services or any eligible
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 religious instruction or
counseling. conduct no religious worship or services, engage in no religious proselytizing, and exert no
other religious influence in the provision of housing, shelter, services, or other eligible activity under the
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 otherwise affect the terms of this Agreement.
ARTICLE IX: 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.
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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
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SIGNATURE PAGE
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.
ATTEST:
AUGUSTA, GEORGIA
(Grantee)
SEAL
By:
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David S. Copenhaver
As its Mayor
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JJl e/J(
/~/ Frederick L. Russell
/ // City Administrator
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Chester A. Wheeler, III
Director AHCDD
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SAFE HOMES OF AUGUSTA, INC.
(Subrecipient)
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BY: ~ xtItuiJcut-
J Dr. Liz Stewart
As its President
CV~ft: t:fnlJi NO'" ')
Cathy oldman
As its Corporate Secretary
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(Plain Witness)
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EXHIBIT "A"
SCOPE OF SERVICES AND TIMETABLE
The Subrecipient will be responsible for administering the Domestic Violence Intervention 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 Emergency Shelter Grant
Program:
I. SCOPE OF SERVICES
A. Activities - Emergency Shelter
The purpose of this activity is to provide emergency shelter for women and their children who are victims
of domestic violence.
Program Delivery
Safe Homes will provide emergency shelter to a total of 164 women and their children who become
homeless due to domestic violence and also provide rental/utility assistance to victims to prevent eviction
and/or disconnection of utilities. To enable victims to become self sufficient, Safe Homes will assist with
first month's rent and deposits to help victims obtain a safe place to reside. Additionally transportation
assistance will be provided and Life Skills to teach the essentials of living an independent life.
General Administration
The Board of Directors maintains overall fiscal accountability and responsibility of the agency as well as
set policies and procedures. The Executive Director oversees the daily operations of the Agency. The
Finance/Operations Manager is responsible for all accounts payables.
B. LEVELS OF ACCOMPLISHMENT - Goals and Performance Measures
The Subrecipient agrees to provide the following levels of program services:
C. Staffinq
Aimee Hall, Director, is responsible for overseeing the daily and overall task/duties and
operations of the program. Work hours: Monday - Friday 8:00 a.m. - 5:00 p. m.
Sharon Barber, Finance/Operations Manager, processes all financial payments for clients,
payroll, grant reimbursements and monitoring, HR insurance, new employee orientation,
responsible for operations of Shelter and office. Work hours: Monday-Thursday 10 hours per
day.
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D. Performance MonitorinQ
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.
11. 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.
Ill. BUDGET
Li1e l1em
Amourt
HarleIess Prever10Cln
Rent
U1i1ilv Assislanc:E
I/:lr'Y"lc::irc
$10,000
$5,000
$5,000
$20,000
TOTAL
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 $20,000. 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.
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EXHIBIT "B"
PROGRAM REQUIREMENTS
Subrecipient shall operate this project funded through the City's Emergency Shelter Grant 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
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.
i. Purchasing Practices - HUD considers State-purchasing regulations to be an acceptable
standard for purchasing practices. Local purchasing practices and other procedures shall
prevail unless State and/or Federal practices and procedures are more stringent.
Therefore, Subrecipient is obligated to conform to the more restrictive practices and
procedures. It is recommended that Subrecipient use a formal pre-numbered 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 ESG funds.
k. Property Records - Subrecipient is required to maintain formal subsidiary records to
control all project property and equipment. Such records shall disclose the acquisition
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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 "e"
REPORT SCHEDULE
REPORT
DUE
PERIOD COVERED
ESG Match Log Report
January 15 of grant period
Monthly Progress Report
Annual Performance Report
Audit
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