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Home My WebLink AboutST STEPHEN'S MINISTRY .. ''''l.;', ,'-' .~. AUGUSTA-RICHMOND COUNTY COMMISSION Betty Beard Mayor Pro Tern STAFF ATIORNEY Vanessa Flournoy Betty Beard Joe Bowles Calvin Stevenson Calvin Holland Andy Cheek Jerry Brigham Jimmy Smith J; R. Hatney Don A. Grantham W. Eugene Jessup GENERAL COUNSEL AUGUSTA LAW DEPARTMENT DAVID S. COPENHAVER Mayor Stephen E. Shepard CITY ATIORNEY AUGUSTA LAW DEPARTMENT FREDERICK L. RUSSELL Administrator Memorandum . TO: PAUL DECAMP, INTERIM DIRECTOR HOUSING & COMMUNITY DEVELOPMENT FROM: VANESSA FLOURNOY, ST AFF ATTORNEY 'DATE: FRlDAy,APRIL.13;2007. RE: EXECUTION OF AGREEMENT I. am transmitting to you the following HOPWA-Drop-In-Center Agreement for St. Stephen's Ministry of Augusta Georgia. If you have .any questions and/or comments regarding the agreement please feel free to contact me. Enclosure: VF /mtp "". .,..~-.", ;'-~-: ~ .~.. . Augusta Law Department 501 Greene Street, Suite 302, Augusta, Georgia 30901 , (706) 842-5555 - Fax (706) 842-5556 . www.augustaga.gov W. Eugene Jessup. GENERAL COUNSEL AUGUSTA LAW DEPARTMENT 04-13-07 07:27 Betty Beard I N Joe Bowles Calvin Stevenson Calvin Holland Andy Cheek Jerry Brigham Jimmy Smith J. R. Hatney Don A. Grantham . \ I i- i f ~, ! ! i , ~ . ~ ~ . AUGUSTA~RICHMOND COUNTY COMMISSION Betty Bear.d Mayor Pro Tern Stephen E. Shepard CTIY ATIORNEY AUGUSTA LAW DEPARTMENT STAFF ATIORNEY Vanessa Flournoy FREDERICK 1; RUSSELL Administrator DAVID S. COpENHAVER Ma.yor Memorandum TO: FROM: DATE: RE: EXECUTION OF AGREEMENT I am transmitting to you the following HOPWA-Drop.:.In-Center Agreement for St. Stephen's Ministry of Augusta Georgia for your review and signature. If you have any questions and/or comments regarding the agreement please feel free to contact me. Enclosure: VF/mtp .,' ,'.'~ - ..~'.:...'. ":;.i Augusta Law Department 501 Greene Street, Suite 302, Augusta, Georgia 30901 (706) 842-5555 - Fax (706) 842-5556 www.augustaga.gov Housin2 & Community Development Department Paul DeCamp, Interim Director 04-,10-07 07: 19- IN MEMORANDUM TO: . Vanessa Flournoy, Staff Attorney . AdrianSmall-Jones, HOPWA Coordina@ April 5, 2007 FROM: DATE: SUBJECT: Execution of Agreement Please process for execution by the Mayor the followmg HOPW A- Drop-:-In-Center Agreement for: St. Stephen's Ministry of Augusta, Georgia . Approval documentation enclosed ASJ Attachments Housing and Community Development Department 925 Laney Walker Blvd., 2nd Floor- Augusta, Georgia 30901 (706) 821-1797 - Fax (706) 821-1784 -TDD(706) 821-1783 www.augustaga.gov fir ,--". '~ ~ Office OfTh.e Administrator Frederick L. Russell, Administrator Room 801 - Municipal Buildin 530 Greene Street - AUGUSTA, GA. 3091 (706) 821-2400 - FAX (706) 821-2819 www.augustaga.go T ameka Allen, Interim Deputy Administrator WI ~@ ~ iwlibj t.verett, In"rim oq,Uty Admlni>trato' ~ oeil 9 ZOOG " , - ,~r October i 7, 2006 Mr. Paul DeCamp Interim Director- Housing & Community Development 925 Laney Walker Blvd. Augusta; GA30901 Dear Paul:. The Augusta-Richmond County Commission, at their regular meeting held on Tuesday, October 17, 2006, took the following action. 19. Approved an amendment to the 2006 HOME Program Contract with Promise Land Community Development Corporation (PLCDC) and to allow for reimbursement of the cost of the purchase, of three properties located at 2920 Rasha Drive, 3708 Andover Court and 2425 Mansion Court. (Approved by Administrative Services Committee October 9, 2006) 21. Approved staff recommendations on citizens' comments concerning the August 1, 2006 reprogramming of funds. (Approved by Administrative Services Committee October 9,2006) 23. Approved the reprogramming of $8,500.00 in FY 2004 HOPWA funds for a Drop-in HesourceCenter to be operated by St. Stephens Ministry. (Approved by Administrative' Services Committee October 9, 2006) 24. Approved the recommend amendment to Southside Community Outreach 2005 Community Development Block Grant (CDBG) Agreement. (Approved by Administrative Services Committee October 9, 2006) If you have any questions, please contact me. , meka Allen Interim Deputy Administrator cc: Ms. Donna Williams 10-17~06: #19,#21,#23,.#24 y ~ v4'..' '," ..' I, .' " ... .. " . ,". ,,'.., ' .. ' .' ~ ." .', . . .. .', '. ..'. . .:: ......,. ..,'.. . (""" .;" .....,"',',,",;~::";';:,~','::" ~ · .. ~~:;~i~i~i~{ '1)' . "'- ..... ~ ~ l .~ R ~C:r- ')=~ Q '-J ~ Administrative Services Committee Committee Room- 10/9/2006- 1 :00 PM Meeting , ' IST~TIV~ SERVICES . ~. ~ Approve an amendment to the 2006 HOME Program c\lttachments Contract with Promise Land Community Development corp. oration. (p. LCDC@CR...eferredfr000ctober3.) Commission meeting) ~ ~~ ' (3 fiA.l'Z~ ~if,.-/J - ,PridY ro' fV v-dt4fi l~ ~1nJA- - \2.. ~ onsider a request from Augusta. Neighborhood OAttachments V'I-mprovement Corporation for approval of professional services for the engineering of the Dyess Park Subdivision for infrastructure, water, sewer, cllIb, gutter, drainage, alley, new street and land acquisition. " _ · 3 ~.Pt staff re. commendati.ons on citiZ~' comments OAttaclunents LY~c~~eming the August 1,2006 reprogramming of funds. .:Ii8+O,1flfTJ gO 4. epor( from RED staff on CDBG, UDAG, etc. loan ~hme~ tw _ 'repayments.(Requested by Commissioner Williams) ( l.e. l4-r...J.. fVo..a.r(( )11 ~pp ve Reduced Early Retirement of Ms. Brenda 0 Attaclunents H den under the 1977 Pension Plan. . ~ .~ utf' .In. '. . pprove the reprogramming' of $8,500.00 in FY 2004 DAttachments OPW A funds fora Drop-in Resource Center to b,e operated by St. Stephens Ministry. - - 7., Recommend amendment to Southside Community DAttachments Outreach 2005 Community Development Block Grant (CDBG) Agreement. 8. Update on CDBG Program Expenditures - Calendar Year OAttachments 2006. AHCDD AN AGREEMENT FOR A _ GRANT BETWEEN THE CITY OF AUGUSTA AND ST. STEPHENS MINISTRY, INC., A GEORGIA NONPROFIT CORPORATION, FOR PROVISION OF HOUSING SERVICES TO PERSONS WITH AIDS OR RELATED DISEASES AND THEIR FAMILIES UNDER THE HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS (HOPW A) GRANT PROGRAM OF THE uNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. THIS AGREEMENT, made in Augusta, Georgia on O-<!.--{ /. 7~2006, by and between the City of Augusta, a municipal corporation organized and existing under the laws of the State of Georgia ("City"), the address of which is Augusta Housing and Community Development Department, 925 Laney-Walker Blvd,. Augusta, Georgia, 30901 and. St. Stephens Ministry, Inc" a Georgia nonprofit corporation, organized and existing Under the laws.ofthe State of Georgia ("Project Sponsor"), the address of which is 924 Greene Street, Augusta, Georgia 30901. . ' ' WHEREAS, the City of Augusta ("City") has been awarded funds from the United States Department of Housing and Urban Development ("HUD") under the Housing Opportunities For Persons With AIDS (HOPW A) Program pursuant to Title VITI, Subtitle D, of the National Mfordable HOll;sing Act of 1990, for support of specialized housing throughout the Augusta, Georgia, and Aiken and Edgefield counties in South Carolina. The Metropolitan Statistical Areas include: Burke,. Columbia, McDuffie and Richmond counties (Georgia) and Aiken and Edgefield counties (South Carolina); , WHEREAS, "Project Sponsor" is a provider of housing and supportive services for persons with AIDS or related diseases and their families in: Columbia, Burke, McDuffie and Richmond counties; WHEREAS, Project Sponsor desires to provide project-based supportive serVices for persons with AIDS or related diseases and the families residing with the persons with AIDS' or related diseases, as more particularly described in Exhibit "A", attached hereto and by reference made a part hereof; WHEREAS, this activity is eligible under the HOPW A regulations at 24 CFR 574.300 (b )(3)(5)(7); ,WHEREAS, the City desires to enter into an agreement with the Project Sponsor to provide supportive services ' . Under the provisions of the Grant in the amount of_("GrantFUIids"); . , WHEREAS, it isin the best interest of the City to amend said Agreement, NOW" THEREFORE, in consideration of the mutual covenants, promises and representations contained herein, the City and Project Sponsor hereto agree as'follows: ' ARTICLE 1. SCOPE OF SERVICES Project Sponsor shall carry out, or cause to be carried out, in a satisfactory and proper manner as determined by the City, all services described or referred to in Exhibit "A". In carrying out these services, Project Sponsor ~ill: - ' Page 1 of21 (a) Operate the program in accordance with the provisions of this Agreement and applicable HUD regulations; (b) Conduct an ongoing assessment of the supportive services required by the participants in the program; (c) Assure the adequate provision of supportive services to the participants in the program; and (d) Comply with such other terms and conditions, including record keepmg and reports which must include racial and ethnic data (on participants) for program monitoring and evaluation purposes, as the City or HUD may establish for purposes of carrying out the program in an effeGtive and efficient manner. ARTICLE 11. PERIOD OF THE AGREEMENT; EFFECTIVE DATE This Agreement' shall become effective on the date first shown above, and unless cancelled pursuant to Article V of this Agreement, shall continue in full force and effect for one (1) year, or ninety (90) days following the City's full and complete disbursement of Grant Funds to Project Sponsor, as described in Exhibit "C", attached hereto and by reference made a part hereof, whichever comes first. ARTICLE 111. DISBURSEMENT RATES AND REQUIREMENTS The City shall disburse Grant Funds to the ProjeCt Sponsor at the rates and in the amounts stipulated in the PaymentSchedule/Procedll!es,. attached as Exhibit "B", attached hereto and by reference made a part hereof. Grant Funds received under this Agreement may not be used to replace other amounts made available or designated by state or local governments through appropriations for the same uses as outlined in Article 1, Scope of Services. The Project Sponsor agrees to cooperate and coordinate in providing assistance under this Agreement with the agencies of the relevant state and local governments responsible for services in the area served by the Project Sponsor for eligible persons and other public and private organizations and agencies providing services for such eligible persons. The Project Sponsor agrees that no fee, except rent, will be charged of any eligible person for any , services provided with Grant Funds under this Agreement. . The Project Sponsor agrees to ensure the confidentiality of the name of any individual assisted with Grant Funds and any other information regarding individuals receiving assistance. Page 2 of21 ARTICLE V. BILLING AND REPORTING REQUIREMENTS t ~, ~ ~ ~ ~ ~ ~. s. ~ E ~ I \ I I I ARTICLE IV. PROGRAM INCOME As defined in 24 CFR Part 85, Section 85.25, program income means gross income received by Project Sponsor that has been directly generated by a HOPW A supported activity, or earned onli as a result of the HOPW A grant agreement. In the event Project Sponsor receives program income for activities rendered hereunder, Project Sponsor shall account for program income in accordance with requirements set forth in 24 CFRP ART 84, Section 84.24, and observe the provisions of Sections 84.30 through 84.37 regarding the disposition of real property that has been acquired in part or in whol~ with HOPW A funds. The Project Sponsor shall submit invoices and all other necessary documents to substantiate payment requests. The invoices and documentation must meet the City's auditing requirements and provide sufficient detail for a proper pre-audit and post-audit to ensure proper accounting and disbursement of Grant Funds. Billing and receipts shall be submitted on the City's form attached hereto as Exhibit "C" and by reference made a part hereof. . The Project Sponsor shall submit cumulative Quarterly Service Reports in substantially the same form as Exhibit "D" and an Annual Service Report in substantially the same form as Exhibit "E",alLexhibits'attached hereto and b reference made part hereof. Quarterly periods to be reported are, . Quarterly Service Reports are due by the 15th day of the month following the period reported. Additional. information may be required in the future as a result of requests . from the City. or HUD. However, such information will not be required retroactively to previous frogram Years. The Project Sponsor agrees to provide such additional information, as requested by the City or HUD. ARTICLE VI. MODIFICATION This Agreement may only be amended . or modified by a written instrument executed by the duly authorized representatives of the parties hereto. ARTICLE VII. DEFAULT/TERMINATION AND CANCELLATION A default shall consist of any use of Grant Funds for a purpose other than as authorized by this Agreement, noncompliance with the AIDS Housing Opportunity Act, 42 U.S.C. Sections 12901 to 12912 or the Housing Opportunities For Persons With AIDS Program Final Rule published January 5, 1995 at 24CFR Part . 91 (60 FR 1878) and HOPW A regulations published at 24 CFR 574. A default shall also consist of any material breach of the Agreement, failure to comply with the audit requirements as provided in Article IX herein, failure to expend Gratit Funds in atimely manner, or misrepresentations in the applicatIon submission which, if known by City and/or HUD, would have resulted in a Grant not being provided. Upon due notice to the Project Sponsor of the occurrence of any such default and the provision of a reasonable opportunity to respond, City and/or HUD may take one or more of the following actions: ' Page 3 of21 , (a) Direct the Project Sponsor to submit progress schedules for completing approved activities; (b) Issue a letter of warning advising the Proj ect Sponsor of the default, establishing a date by which corrective action(s) must be completed and placing the Project Sponsor on notice that more serious sanctiqns will be taken if the default is not corr~cted and/or is repeated; , ( c) Direct the Project Sponsor to suspend, discontinue or not incur costs for the affected activity; , (d) Condition a future Grant; (c) Reduce or recapture the Grant Funds; (f) Withhold payment of Grant Funds; (g) Direct the Project Sponsor to reimburse the progr~,accounts for costs inappropriately charged to the program, (h) Other appropriate action including, but not limited to, any remedial action legally available, such as affirmative litigation seeking declaratory judgment, specific performance, damages~ temporary or permanent injunctions, and any other available r~medies; or, , (i) Suspend or teiminate this Agreement. For purposes of this Agreement, a reasonable opportunity to respond to any default shall be ten (10) calendar days from receipt by Proj ect Sponsor of the City's written notice of such defaUlt. . Except as otherwise permitted herein, this Agreement is subject to cancellation by either party on thirty (30) calendar days advance written notice. Notwithstanding any provision to the contrary, in the event the Project Sponsor is found in default of this Agreement or either party elects to cancel this Agreement at any time prior to disbursement of grant funds , by providing the other party with a minimum of thirty (30) calendar days advance written notice, the City may. elect to continue providing Grant Funds to the Project Sponsor for the continued provision of rental assistance and/or other related services until such time as the Project Sponsor takes the appropriate corrective action(s) to cure the default or the City, through the request for proposal ("RFP") process, enters ,into a separate agreement with another nonprofit organization for the provision of services provided herein. Page 4 of21 ARTICLE VII. ENVIRONMENTAL REVIEW Project Sponsor further agrees that. it shall supply their local City or County government with all available, relevant information necessary to perform 'any required environmental review pursuant to' HUD regulations at 24 CFR Part 58-, as amended, for each property to be.acquired, rehabilitated, converted, leased, repaired or constructed with Grant Funds; it shall carry out mitigating measures required by their local City or County government or select alternate eligible property; and it shall not acquire, rehabilitate, convert, lease" repair or construct property, or commit HUD or local funds to such program activities with respect to my such ',' property, until it has submitted to the City appropriate records of environmental review from their local City or County government and received notice from the City that the environmental review is complete. ARTICLE IX. AUDIT REQUIREMENTS In the event, that durin the eriod of this Agreement, Provider expends rnore than' $500,000 for fiscal years ending after in federal funds in an operating year from this and other federal grants, Provider shall, at its own' cost and expense, cause to be carried out an independent audit The audit shall be completed, and a copy furnished to the City, within the earlier of thirty (30) calendar days after receipt of the auditor's report(s) or nine (9) months after the end of the audit period, unless a longer period is agreed to nl adyance by the City. For purposes of this Agreement, an operating and/or audit year is the equivalent to the Provider's fiscal year. The determination of when .Grant' Funds are expended is based .on when the activity related to the expenditure occurs. The audit shall be conducted in compliance with the Office of Management and Budget Circular No. A-133, as amended and 24 CFR Part 45, which are made a part of this Agreement by reference thereto. In the event the audit shows that the entire funds disbursed hereunder, or any portion thereof, were not expended iIi accordance with the conditions of this Agreement, Provider shall beheld liable for reimbursement to the City of all funds.not expended in. accordance With these applicable regulations and Agreement provisions within thirty (30) calendar days after the City has notified Provider of such non-compiiance. Said reimbursement shall not preclude the City from taking any other action as provided in Article V herein. If expenditure does not exceed $500,000 during an operating year, Provider shall provide the City with its annual financial statement within ninety (90) calendar days of the end of its operating year. Said financial statement shall be prepared by an actively licensed certified public accountant. ARTICLE X. NON-ASSIGNABILITY The Project Sponsor shall not assign any rights or obligations under this Agreement without the prior written consent of the City. Any purported aSsignment of rights or obligations in violation of this Article is void. Page 5 of21 ARTICLE XI. INSURANCE During the term of this Agreement, Proj ect Sponsor shall provide, pay for and maintain with companies satisfactory to the City, the types of insurance described herein. All insurance shall be from responsible companies duly authorized to do business in the State of Georgia. Such insurance shall be primary coverage afforded the additional'insured and shall contain a cross-liability. or severability of interest clause. The general liability policy shall provide that the,City is an additional insured as to the operation of the Project Sponsor' under this Agreement. The insurance coverage and limits required must be evidenced by properly executed certificates of insurance on forms, which are to be furnished by the City. The authorized representative of the, insurance company shown on the certificate must personally manually sign each certificate. The Project Sponsor shall submit a copy of the certificate( s) to the Augusta Housing and Community Development Department, 925 Laney Walker Blvd., 2nd Floor, Augusta, Georgia 30901 within thirty (30) calendar days of the. effective date of this Agreement. In the event that the Proj ect Sponsor fails to submit t.'1e certificate( s) verifying the minimuriI. coverage and amounts specified herein, the City, at its own discretion, may WithhoJd payment of Grant Funds until such time as the certificate(s) is received by the Augusta Housing and Comrnlli'1ity Development Department (AHCDD). , Thirty (30) calendar days Written notice by registered or certified mail must be given the City of any cancellations, intent not to renew, or reduction in the policy coverage, except in the application of the aggregate liability limits provisions. Should any aggregate limit of liability coverage be reduced, it shall be immediately increased back to the limit required by this Agreement. The insurance coverage required herein are to be primary to any insurance carried by the City or any self-insurance program thereof The Project Sponsor shall be , responsible for any deductiblesunder its policies. The Project Sponsor shall ensure that all of its contractors and subcontractors carry adequate types and limits of insurance. ' . (a) Workers' Compensation and Emplovers' Liability Insurance shall be provided for all employees engaged in the work under this Agreement in acqordance with the laws of the State of Georgia. The amount of the employers' liability insuranceshall not be less than $100,000.00 each accident, $500,000.00 disease aggregate, and $100,000.00 disease each employee. ,(b) Commercial General Liability Insurance shall be.written on ISO occurrence form CG 00 01, or substitute form providing equivalent coverage, with a minimum limit of $1,000,000.00 each occurrence. Such policy shall include the City as an additional insured and shall cover liability arising from. premises. and operations, independent contractors, -products and completed operations, personal and advertising injury, and liability assumed under this Agreement. Completed operations liability coverage shall be maintained for a minimum of one-year following completion of the work. (c) Automobile Liability Insurance shall be maintained in accordance with the laws of the State of Georgia as to the ownership, maintenance, and use of all owned, non owned or hired vehicles used in connection with this Agreement. Page 60f21 The, minimum limit shall be $500,000.00 bodily injury and property damage combined single limit each accident. ARTICLE XII. AFFIRMATIVE ACTION; NONDISCRIMINATION AND EQUAL OPPORTUNITY In carrying out this Agreement, the Project Sponsor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, age, familial status, handicap or national origin. The Project Sponsor shall take the necessary steps to ensure that applicants for employment are employed, and that employees are treated during employment, Without regard to their race, color, religion, sex, age, familial , status, handicap or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of payor , other forms of compensation; and selection for training, including apprenticeship. The Project Sponsor shall post inconspicuous places, available to employees and applicants for employment, notices to be provided by the government setting forth the provisions of this non-discrimination clause. The Proj ect Sponsor, upon execution of this. Agreement, shall agree that all qualified candidates will receive consideration for employment without regard to race, color, religion, sex, age, familial status, handicap or national origin. When expending Grant Funds, Project Sponsor shall, within the eligible population, - comply with the following requirements for nondiscrimination on the basis of race, color, religion, sex, national origin, age, familial status and handicap: (a) Fair Housing Requirements. The Project Sponsor shall comply with the applicable provisions. of the Americans with Disabilities Act (42 D.S.C. 12101.;12213) and implementing regulations at 28 CFR part 35 (state and local government grantees) and part 36; (b) Discrimination on the basis of Age or Handicap. The prohibitions against discrimination based on age under the Age Discrimination Act of 1975 (42 D.S.C. 6101-07) and implementing regulations at 24 CFR part 146; the prohibitions against discrimination against handicapped individuals under section 504 of the Rehabilitation Act of 1973 (29 D.S.C. 794) and implementing regulations at 24 CFR part 8; and applicable provisions of the Americans with Disabilities Act (42 D.S.C. 12101-12213) and implementing regulations at 28 CFR part 35 (states and local government grantees) and part 36; (c) Employment Opportunities. The requirements of section 3 of the Housing and Urban Development Act of 1968, (12 D.S.C. 1701 (u) (Employment Opportunities for Lower Income Persons in Connection with Assisted Projects); 0 (d) Minority and Women's Business Enterprises. The requirements of Executive Orders 11625, 12432, and 12138 apply to grants under this part. Consistent with RUD's Page 7 of21 responsibilities under these Orders, and with the City's Ordinance No. 26.5 Part 2, the Project Sponsor must make efforts to encourage the use of minority and women's business enterprises in connection wi~ funded activities; (6) Affirmative Outreach. The Project Sponsor must adopt procedures to ensure that all persons who qualify for the assistance, regardless of their race,' color, religion, sex, age, , . national origin, familial status, or handicap, know of the availability of the HO~W A program, including facilities and services accessible to persons with a handicap, and maintain evidence of implementation of the procedures; and (f) Disability Requirements. The Project Sponsor must not discriminate against persons with AIDS or related diseases based . on an additional handicap' of such persons in violation of the Fair Housing Act or section 504 of the Rehabilitation Act of 1973. In addition, the Project Sponsor must comply with the. reasonable modification acconurtodationsand accessibility requirements of the Fair Housing Act, section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act, and implementing regulations. See 42 U.S.C. 3604 (f) and 24 CFR 100.203- 29U.S.C. 794 and 24 CFR part 8; and 28 CFR parts 35 and '36. ARTICLE xm. COMPLIANCE WITH LOCAL, STATE AND FEDERAL RULES, REGULATIONS AND LAWS The Project Sponsor shall comply with all applicable laws~ orders, and codes of the federal, state and local govemments as they pertain to this Agreement, including, but not limited to, the requirements of OMB Circulars A-122 and A- I 10. The Project Sponsor shall assist the City in complying in- with all of the terms and conditions of the government grants tinder Title xm, Subchapter Y, -, C, Part I of the Omnibus Budget Reconciliation Act of 1993 (26 U.S.C. 1391, et seq.), incorporated herein and made part of this Agreement by reference; and under Title Vill, Subtitle D, Housing Opportunities for Persons with AIDS (HOPWA) Grant Program (24 CFR Part 574), authorized by the AIDS Housing Opportunity Act (42 U.S.C. 1290 1) as amended by the Housing and Community Development Act of 1992 (pub. L. 102-55, approved October 28,1992), incorporated herein and made part of this Agreement by reference. The Project Sponsor, shall likewise comply with the Lead-Based Poisoning Prevention Act (42 U.S.C. 4821-4846), the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U$.C. 4851-4856), and implementing regulations at part 35, subparts A, B, H, J, K, M and R, as applicable. Project Sponsor shall likewise comply with all applicable City of Augusta Housing and Community Development Department Procedures and Policies as set forth in the Standard Operating Procedures Manual, incorporated herein and by reference made a part hereof. Project Sponsor shall likewise comply with City of Augusta Code of Ethics Section 2-522. Project Sponsor acknowledges, agrees and commits that it shall comply with all applicable Page 8 of21 governmental and City of Augusta rules and regulations including the City of Augusta Code of Ethics. The failure of Project Sponsors to comply with this Business Ethics Commitment shall render this contract voidable and will subject Project Sponsor to debarment from future City contracts. ARTICLE XIV. PROJECTPUBLICITY Any news release or other type of publicity pertaining to the project as stated herein must recognize the City as a sponsor, funded by HUD. ARTICLE XV. MAINTENANCE OF RECORDS Project Sponsor shall maintain all records and accounts' including property, construction, personnel, client eligibility, supportive service assistance'time limitations, and financial records related to the provision of ' seryices authorized hereunder to. assure a proper accounting and monitoring of all Grant Funds. In the event that the City determines that such.records are not being adequately maintained, the. City may cancel this Agreement in accordance with Article VI herein. With respect to all matters. covered by this Agreement, records will be made available. for examination, audit" inspection or copying purposes at any time during normal business hours aild as often as the City, HUD, representatives of the Comptroller General of the United States or other federal agency may require. Project Sponsor will permit same to be examined and excerpts. or transcriptions made. or duplicated from such records, and audits made of all contracts, invoices, materials, records of personnel and of employment and other data . relating to all matters covered by,this Agreement. The City's night of inspection and audit shall obtain likewise with reference to any audits made by any other agency, whether local, state or federal. Project Sponsor shall 'retain all records and supporting documentation applicable to this Agreement for five (5) years from the date of submission of the annual performance report. If any litigation, claim, negotiation, audit, monitoring, inspection or other action has been started before the expiration of the required record retention period, records must be retained until completion of the action and resolution of all issues which arise from it,. or the end of the required period, whichever is later. The retention period starts from the date of the City's submission of the Consolidated Annual Performance and Evaluation Report (CAPER), as prescribed in 24 CFR 91.520, in which the activities as described in Exhibit "A" are reported on for the final time rather than from the date of submission of the final, . . expenditure report for the award. ARTICLE XVI. EVALUATION The Augusta' Housing and Community Development Department shall be responsible for monitoring and evaluating all aspects of the services provided by Project Sponsor under.this Agreement. The City shall have access to and be able to make copies and transcriptions of such, records as may be necessary in the determination of the City or HOD to accomplish this evaluation, subject t<;> state and federal confidentiality requirements. In order to properly monitor and evaluate the Project Sponsor's performance wider this Agreement, the City shall ' Page 9 of21 make on-site inspections as often as it deems necessary. FailUre by the Project Sponsor to assist the City in this effort, including allowing the 'City to conduct the on-site mspections and have access to the Project Sponsor's records, shall result in the imposition of sanctions as specified in Article VI herein. Said evaluation shall be accomplished by the City through a management evaluation of the services provided under this Agreement during the term of this Agreement. ARTICLE XVII. NEGATION OF AGENT OR EMPLOYEE STATUS The Project Sponsor shall perform this Agreement as an independent agent and.nothing contained herein shall in any way be construed to constitute the Project Sponsqr or any assistant, representative, agent, employee, independent contractor, partner, affiliate, holding company, subsidiary or subagent of the Project Sponsor to be a representative, agent, subagent, or employee of City. The Project Sponsor certifies its understanding that the City is not required to withhold any federal income tax, social security tax, state and local tax, to secure worker's compensation insurance or employer's liability insurance of any kind, or to take any other action with respect to this insurance or taxes of the Project Sponsor and assistant(s) of the Project Sponsor. In no event and Under no circumstances shall any provision of this Agreement make the City or any ,political subdivision of the State of Georgia liable to any person or entity that contracts with or provides goods or services to the Project Sponsor in connection with the services the Project Sponsor has, agreed to perform hereunder or otherwise, or for any debts or claims of any nature accru.iD.g to any person or entity against the Project Sponsor. There is no contractual relationship, either express or implied, between the City or any political subdivision of the State of Georgia and any person or entity supplying any work, labor, services,' goods or materials to the Project Sponsor as.a result of the provisions of the services provided by the Project Sponsor hereunder or otherwise. . ARTICLE XVIII. SUBCONTRACTS . All work authorized under this Agreement that requires a contracting license pursuant to either Part I or Part H, 'Chapter 489, Georgia Statutes, shall be performed by properly licensed contractors who shall obtain all necessary pen-nits and inspections. The subcontracting of work by the Provider to properly licensed contractors shall not in any way affect the provisions of this Agreement. All contracts between the Project Sponsor and properly licensed contractors for work to be performed under this Agreement shall be in writing, subject to approval by the Augusta Housing and Community Development Department prior to issuance of any building permits. ARTICLE XIX. CONFLICT OF INTEREST The Project Sponsor guarantees that no member of, or Delegate to, the Congress of the United States shall be admitted to any share or part of this contract or to any benefit to arise from the same. ' Page 10 of21 The Project Sponsor agrees that no member of the governing body of the locality inwhich the Project Sponsor is situated, and no other public official of such locality or localities who exercises or has exercised any functions or responsibilities with respect to HOPW A-assisted activities, or who is in a position to participate in a decision making process or gain inside information' with regard to such aCtivities, may obtain a financial interest or benefit from the HOPW A-assisted activity, or have any interest in any contract, subcontract, or agreement with respect thereto, or with respect to the proceeds thereunder, either for himself or herself or for those with whom he or she has family or business ties, during his or her tenure or for three (3) years thereafter. Unless expressly permitted by HUD, Project Sponsor agrees that no person who is an employee, agent, consultant, officer, or elected or appointed official of the Project Sponsor and who exercises or has exercised . any functions or responsibilities with respect to HOPW A-assisted activities, or who is in a position to participate in a decision making process.or gain inside information with regard to such activities, may obtaiD. a financial interest or benefit from the HOPW A-assisted activity, or have any interest in: any contract, subcontract, or agreement with respect thereto, or with respect to the proceeds thereunder, either for himself or herself or for those with whom he or she has family or business ties, during his or her tenure or for three (3) years thereafter. . ' ! I I i t I I , i ! I I ARTICLE xx. INDEMNIFICATION Project Sponsor shall defend, hold harmless and indemnify City from and against any and all liability, injury, loss, claims, damages, costs, attorneys fees arid expenses of whatever kind or nature which City may sustain, suffer or incur or be required to pay by reason of. (1) The loss of any monies paid to Project Sponsor; (2) Fraud, defalcation or dishonesty on the part of any person representing, ernployed, contracting, or subcontracting by Project Sponsor; (3) Any act, omission, wrongdoing, misconduct, want of care or skill, negligence or default on the part of Project Sponsor or any of its contractors, subcontractors; material men, suppliers or laborers in the execution or performance of this Agreement: or (4) A judgment regardless of whether suchjudgmentiscovered by the insurance required under Article X of this Agreement. The indemnity hereunder shall survive termination of the Agreement. In the event that any action, suit or proceeding is brought against the City upon any liability arising out of the Agreernent, or any other matter indemnified against, the City at once shall give notice in writing thereof to Project Sponsor by registered or certified mail addressed to Project Sponsor. Upon the receipt of such notice, Project Sponsor, at its own , expense, shall defend against such action and take all such steps as may be necessary or properto prevent the obtaining of a judgment against the City. ARTICLE XXI. PUBLIC ~CORDS The Project Sponsor shall assist the City in complying with any and all public records requests made of the City pursuant to Chapter 119, Georgia Statutes, with regard to matters pertaining' to this Agreement. As defined in ~ 1 i9.011 (1), Georgia Statutes, the terin "public records" means all documents, papers, letters~ maps, books, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means oftransrirission, Pagellof21 made or received pursuant to law or ordinance or in connection with the transaction of official business by any agency. ARTICLE XXII. SURVN AL All provisions of this Agreement intended to survive or to be performed subsequent to the end of the period of this Agreement shall survive the termination of this Agreement. ARTICLE XXIII. SUCCESSORS AND ASSIGNS This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns. ARTICLE XXIV. HEADINGS All article and descriptive headings of paragraphs in this Agreement are inserted for convenience only and shall not affect the construction or interpretation hereof. ARTICLE XXV. VENUE This Agreementshall be construed under the laws of the State of Georgia. ARTICLE XXVI. JURY TRIAL WAIVER Project Sponsor hereby waives any and all rights it may have to a trial by jury of any issue arising out of or related to this Agreement. ARTICLE XXVII. SEVERABILITY If any item or provision of this Agreement is held. invalid or unenforceable by a court of competent jurisdiction, the remainder of the Agreement shall not be affected and every other ,term and provision of this , Agreement shall be deemed valid and enforceable to the extent permitted by law. ARTICLE XXVIII. NOTICE AND GENERAL CONDITIONS , . All notices which may be given pursuant to this Agreement shall be in writing and shall be delivered by personal service or by certified mail return receipt requested addressed to the parties at their respective addresses indicated below or as the same may be changed in writing from time to time. Such notice shall be deemed given on the day on which personally served, or if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. ' Page 12 of21 City of Augusta H.O.P.W.A. Coordinator Augusta Housing & Economic Dev. Dept. 925. Laney Walker Blvd. 2nd Floor '. Augusta, Georgia 30901 I St. Stephens Ministry, Inc.. Executive Director 924 Greene Street Augusta, Georgia 30901, ARTICLE XXIX: MERGER CLAUSE This 'Agreement together with the Exhibits hereto sets forth the entire agreement between the parties and . there are no promises or understandings other than those stated therein. Any and all Exhibits referenced in this Agreement shall be deemed to be incorporated by reference as though set forth in full herein. In the event of a conflict or inconsistency between this Agreement and the provisions in the incorporated Exhibits, then this Agreement will prevail. ARTICLE XXX. ESTOPPELIW AIVER The failure of the City to enforce any term or condition of this Agreement shall not constitute a waiver or estoppel of any subsequent violation of this Agreement. [THE REMAINDER OF TIDS PAGE INTENTIONALLY LEFT BLANK] _ Signature Pages to Follow - Page 13 of21 IN WITNESS HERETO, the parties have set their hands and seals as of the date first written above SEAL , AUGUSTA. GEORGIA (Grantee) 'rt By:cJ~/4 - Deke ~~er ' As its Mayor ATTEST: ~) . n'a J.. ~ iOe 00 -. ,. CI#:il Co . io1'\ ~.~ lof!: "., ~.: :_~ ,. " e ~ ,.. ~ '-/:)...' " .e ....,.!';; '::\"", eo - I ...., ~ r: ':.- . , '- ~f ".tST. · ; , e" e. . 19'/6 .... 111 ATTF!~\ ~~~;~~~ ~# "....,,,........,,....~ _.~4~ St. Stephen's Ministry's. Inc. (Subrecipient) BY: ~.~ Ricliard M. Martin . President ofSt. Stephen's Ministry By:d!QJO )~tPQ Hope Campbell Executive Director , Page 14 of21 EXHIBIT "A" ST. STEPHENS MINISTRY, INC. SCOPE OF SERVlCES- Drop-In-Center l r ~. i i:' ~.. ~ t i: J' ~ Ii f r I i i i I 1. General Persons eligible to receive assistance or services under this part are persons with acquired immune deficiency syndrome (AIDS) or related diseases who are low-income individuals and their families. A person with AIDS or related diseases, or a. family member residing with a person With AIDS or related diseases, regardless of income, is eligible to receive informati9n services. Any person living in proximity to a HOPWA-fundedresidence is eligible to participate in that residence's comniunity outreach and educational activities regarding AIDS or related diseases. The service areas under this Contract include: Burke, Columbia, McDuffie and Richmond counties (State of Georgia). ' 2. Minimum Use Period Any building or structure assisted with amounts under this part must he maintained as a facility to provide assistance for individuals with AIDS or related diseases: (a) For a period of not less than 10 years, in the case of assistance provided under an activity eligible under 24 CFR 574.300(b) (3) and (4) involving new construction, substantial rehabilitation or acquisition of a, building or structure, or (b) For a period of not less than 3 years in the cases involving non-substantial rehabilitation or repair of a building or structure. 3. Supportive Services The Project Sponsor shall ensure that qualified service providers in the areamake available' appropriate supportive services to the individuals assisted under this Agreement. Supportive services include, but are not limited to, health, mental health, assessment, drug and alcohol abuse treatment and coUnseling, day care, personal assistance, nutritional services, intensive care when required, and assistance in gaining access to local, state, and federal government benefits and services, except that health services may only be provided to individuals with AIDS or related diseases and not to family members of these individuals. For any individual with acquired immune deficiency syndrome or a related disease who requires more intensive care than can be provided in under this subpart, the Project Sponsor shall provide for locating a care provider who can appropriately care for the individual and for referring the individual to the care provider. Page 15 of21 -,.,:,';;': 4. . Housing Quality Only All HOPW A-assisted housing must meet the applicable housing quality standards outlined below: (a) State and local requirements. The Project Sponsor must provide safe and sanitary housing that is in compliance with all applicable state and local housing codes, licensing requirements, and any other requirements.in the jurisdiction in which the housing is located regarding the condition of the structure and the operation of the_housing; (b) Habitability standards. Except for such variations as are proposed by the locality an approved by HUD, Project Sponsor must meet the following requirements: (1) Structure and materials. The structures must be structurally sound so as not to pose any threat to the health and safety of the occupants and so as to protect the residents from hazards; . (2) Access. The housing must be accessible and capable of being utilized without unauthorized use of other private properties. Structures must provide alternate means of egress in case of fire; (3) Space and security. Each resident must be afforded adequate space and security for themselves and their belongings. An acceptable place to sleep must be provided for each resident; (4) Interior air quality. Every room or space mustbe provided with natural or mechanical ventilation. Structures must be free of pollutants in the air at levels that threaten the health of residents; (5) Water supply. The water supply must be free from contamination at levels that threaten the health of individuals; (6) Thermal environment. The housing must have adequate heating and/or cooling facilities in proper operating condition; (7) .Illumination and electricity. The housing rnust, have adequate natural or artificial illumination to permit 'normal indoor activities and to support.the health and safety of residents. Sufficient electrical sources must be provided to penult use of essential electrical appliances while assuring safety from fire; (8) Food preparation and,refuse disposal. All food preparation areas Page 16 of21 must contain suitable space and, equipment to store, prepare, and serve food in a sanitary manner, and (9) Sanitary condition. The housing and any equipment must be maintained in sanitary condition. 5. Use ofHOPW A Funds The Project Sponsor, subject to the restrictions in the Agreement and Exhibits, is authorized to use _ in Grant Funds, in combination with other funds as may be required and specified in Exhibits "A" and "B". 6. Termination of Assistance (a) Surviving Family Members: With respect to the surviving member or members of family who were living in a unit assisted under the HOPW A program with the person with AIDS at the time of her or her death supportive services and! or assistance under the HOPW A program shall continue for a grace period following the death of the person with AIDS. The Project Sponsor shall establish a reasonable grace period for continued participation by a surviving family member, but that period may not exceed one year from the death of the family member with AIDS. The Project Sponsor shall notify the family of the duration of their grace period andrnay assist with information on other available programs and with moving expenses~ (b) Assistance to participants who reside in housing programs under this grant may be terminated if the participant violates program requirements or conditions of occupancy. The Project Sponsor must ensure that supportive services are provided, so that a participant's assistance is terminated only in the most severe cases. In . terminating assistance to any program participant, the Project Sponsor must provide a formal process that recognizes the rights of individuals receiving assistance to due process of law. This process at a minimum, rnust consist of, (1) Serving the participant with a written notice containing a clear statement of the reasons for termination; (2) Permitting the participant to have a review of the decision, in which the participant is given the opportunity to confront witnesses, present written objections and be represented by counsel before a person other than the person (or a subordinate of that person) who made or approved the termination decision; and ' (3) Providing prompt written notification of the final decision to the participant. Pagel? of21 Specific Scope of Services and Performance Measures During the period of this Agreement,' the Project Sponsor shall provide the following services to persons with AIDS or related diseases and the families residing with the persons with AIDS or re1afed diseases: supportive services to include mental health, assessment, drug and alcohol abuse counseling, nutritional services, and assistance in gaining access to local, state, and federal government benefits and se,rviees. End of Page Page 180f21 u~ ~~ "'~ ~g =E-l~ =~~ = z ~ E=~S ~~~ ~~~ ~=u ~~ ~E-l ~z ~~ < ~ <<) <<) .~ o:S o :>l:i .S <<) .s ~ "0 0 <<) 0 ~"O .~~ <<)O:S p..oo <<)'Cd ..0 '!:: = <<) cd~ ~ S I-< o ~ ~o:S o 0 p..1-< ~ 0 ..... o 00 <<)~ ,''='''' 0 8 <<) ~o8 <<) ~'E - I.......] .. fa o > ~^ p.. ..... <<) <<) ..0 0 - e ] ~ 00 ~ l:i .~ <<) 0 5,S <<) 50: . <~ 00 :s..... ..... ~ ~>< "0 ~ - S ~ .e-..... ..... 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General Office Supplies means this category is liniited to the purchase of disposables, paper, staplers, paperclips, pens, etc. for use by the staff and clients. , Office Furnishings means this category is limited to the purchase of desks, chairs, shair mats, lamps, wastebaskets, clocks, etc. for use by the staff and clients. Office ,Equipment means this category is limited to the purchase of computers, monitors; printers, fax machine, etc. . for use by the staff and clients. General Cleaning! Disinfecting Supplies means this category is limited to the purchase of, ftrst aid kit, gloves, bleach, sanitizers, air fresheners, mop bucket, mop handles, mop heads, etc. for use by the staff and clients. 'Columns # of Units with HOPW A funds: Self-explanatory; Amount of HOPW A funds: Self-explanatory. Page 21 of21