HomeMy WebLinkAboutST STEPHENS MINISTRY GRANT $286,681.00ORIGINAL SIGNED BY
AHCDD
AN AGREEMENT FOR A $2K681.00 GRANT BETWEEN THE CITY OF AUGUSTA AND ST. STEPHENS
MINISTRY, INC.- 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 ( HOPWA) GRANT PROGRAM OF THE UNITED STATES DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT.
THIS AGREEMENT, made in Augusta, Georgia on '1 ,2010, 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 of the State of Georgia ( "Project Sponsor "), the address of which is 924 Greene Street,
Augusta, GA, 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
( HOPWA) Program pursuant to Title VIII, Subtitle D, of the National Affordable Housing Act of 1990, for
support of specialized housing throughout the Augusta, Georgia: 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: Burke, Columbia, McDuffie and Richmond counties;
WHEREAS, Project Sponsor desires to provide renovation, project -based housing assistance, and 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 HOPWA 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 housing services
under the provisions of the Grant in the amount of $286,681.00. ( "Grant Funds ");
WHEREAS, it is in 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
shall:
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(a) Operate the program in accordance with the provisions of this Agreement and applicable HUD regulations;
(b) Conduct an ongoing assessment of the housing assistance and 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 keeping 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 effective and efficient manner.
ARTICLE 11. PERIOD OF THE AGREEMENT; EFFECTIVE DATE
This Agreement shall become effective on January 1, 2010 and end on June 30, 2011, 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 Payment Schedule /Procedures, 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.
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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 HOPWA supported activity, or earned only as a result of the
HOPWA 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
CFR PART 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 whole with HOPWA funds.
ARTICLE V. BILLING AND REPORTING REQUIREMENTS
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 ", all exhibits attached
hereto and by reference made part hereof. Quarterly periods to be reported are J uary fr+d, `A0
October-December. 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 Program 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 24 CFR Part
91 (60 FR 1878) and HOPWA 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 Grant Funds in a timely 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:
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(a) Direct the Project Sponsor to submit progress schedules for completing approved activities;
(b) Issue a letter of warning advising the Project 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 sanctions will be taken
if the default is not corrected 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 program 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 remedies; or,
(i) Suspend or terminate this Agreement.
For purposes of this Agreement, a reasonable opportunity to respond to any default shall be ten (10)
calendar days from receipt by Project 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 housing 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.
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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 any 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 during the period of this Agreement, Provider expends more than $500,000 for fiscal
years ending after June 30, 2011, 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 in
advance 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 in
accordance with the conditions of this Agreement, Provider shall be held 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 - compliance. 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.
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ARTICLE XI. INSURANCE
During the term of this Agreement, Project 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., 2 „ d Floor, Augusta, Georgia 30901 within thirty (30) calendar days of the
effective date of this Agreement. In the event that the Project Sponsor fails to submit the certificate(s) verifying
the minimum coverage and amounts specified herein, the City, at its own discretion, may withhold payment of
Grant Funds until such time as the certificate(s) is received by the Augusta Housing and Community
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 deductibles under 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 Employers' Liability Insurance shall be provided for all employees engaged in
the work under this Agreement in accordance with the laws of the State of Georgia. The amount of the
employers' liability insurance shall 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.
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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 pay or
other forms of compensation; and selection for training, including apprenticeship. The Project Sponsor shall
post in conspicuous 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 Project 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 U.S.C. 12101 - 12213) and
implementing regulations at 28 CFR part 35 (state and local government grantees) and
part 36 (public accommodations and requirements for certain types of short-term housing
assistance);
(b) Discrimination on the basis of Age or Handicap. The prohibitions against
discrimination based on age under the Age Discrimination Act of 1975 (42 U.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 U.S.C. 794) and implementing regulations at 24 CFR part 8; and
applicable provisions of the Americans with Disabilities Act (42 U.S.C. 12101 - 12213)
and implementing regulations at 28 CFR part 35 (states and local government grantees)
and part 36 (public accommodations requirements for certain types of short-term housing
assistance);
(c) Employment Opportunities. The requirements of section 3 of the Housing and
Urban Development Act of 1968, (12 U.S.C. 1701 (u) (Employment Opportunities for
Lower Income Persons in Connection with Assisted Projects);
(d) Minority and Women's Business Enterprises. The requirements of Executive
Orders 11625, 12432, and 12138 apply to grants under this part. (1) 24CFR 570.610
Part 85 applies;
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(e) 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 HOPWA
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
accommodations and 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- 29 U.S.C. 794 and 24 CFR
part 8; and 28 CFR parts 35 and 36.
ARTICLE XIII. 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 governments 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 XIII, 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 VIII, 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.S.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 governmental and City
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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. PROJECT PUBLICITY
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, housing assistance time limitations, and financial records related to the provision of services
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 and 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 HUD to accomplish this evaluation, subject to state and federal confidentiality
requirements. In order to properly monitor and evaluate the Project Sponsor's performance under this
Agreement, the City shall make on -site inspections as often as it deems necessary.
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Failure by the Project Sponsor to assist the City in this effort, including allowing the City to conduct the on -site
inspections 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 Sponsor 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 accruing 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.
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The Project Sponsor agrees that no member of the governing body of the locality in which 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 HOPWA- 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 HOPWA- 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 HOPWA- 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 HOPWA- 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.
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 and 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, employed, 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 such judgment is covered 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 Agreement, 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 proper to prevent the
obtaining of a judgment against the City.
ARTICLE XXI. PUBLIC RECORDS
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 § 119.011 (1), Georgia Statutes, the term "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 of transmission,
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made or received pursuant to law or ordinance or in connection with the transaction of official business by any
agency.
ARTICLE XXII. SURVIVAL
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 Agreement shall 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.
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City of Augusta
H.O.P.W.A. Coordinator
Augusta Housing & Community Dev. Dept.
925 Laney Walker Blvd.
2" d Floor
Augusta, Georgia 30901
ARTICLE XXIX. MERGER CLAUSE
St. Stephens Ministry, Inc.
Executive Director- Hope E. Campbell
922 Greene Street
Augusta, Georgia 30901
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. ESTOPPELIWAIVER
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.
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-- Signature Pages to Follow -
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IN WITNESS HERETO, the parties have set their hands and seals as of the date first written above
ATTEST:
SEAL
Lena . f3onner
Clerk of Commission
AUGUSTA, GEORGIA
(Grantee)
BY: v 4.
�f Deke S. openhaver
As its Mayor
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Chester A. Wheeler, III
Director AHCDD
ATTEST:
ST. STEPHENS MINISTRY, INCORPORATED.
(Subrecipient)
BY:
Hope dampbell
Executive Director
Page 14 of 21
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EXHIBIT "A"
ST. STEPHENS MINISTRY, INC..
SCOPE OF SERVICES
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 housing information services. Any person living in proximity to a
HOPWA- funded residence is eligible to participate in that residence's community outreach and educational
activities regarding AIDS or related diseases. The service areas under this Contract include: Columbia, Burke,
McDuffie and Richmond counties (Georgia).
2. Minimum Use Period
Any building or structure assisted with amounts under this part must be maintained as a facility to
provide housing or 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 area make available appropriate
supportive services to the individuals assisted with housing under this Agreement.
Supportive services include, but are not limited to, health, mental health, assessment, permanent housing
placement, 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 housing assisted 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 of 21
4. Housing Quality
All HOPWA- 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 must be 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 must, 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 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.
Page 16 of 21
5. Use of HOPWA Funds
The Project Sponsor, subject to the restrictions in the Agreement and Exhibits, is authorized to
use $286,681.00 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 HOPWA program with the person
with AIDS at the time of her or her death, housing assistance and supportive services
under the HOPWA 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 and may assist
with information on other available housing 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, must 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.
Page 17 of 21
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 related diseases:
supportive services to include mental health, assessment, drug and alcohol abuse counseling, nutritional
services, and assistance in gaining access to local, state, and fcderal government benefits and services.
End of Page
Page 18 of 21
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Definitions for Planning and Reporting Chart
Rows
Rental assistance means some form of on -going rental housing subsidy for the individu, such as tenant -based rental
assistance payments or other scattered -site units that may be lea: where the amount is determined based in part on
household incomes or rent costs. Proj ect -ba be included in row 3 -a units supported with operations costs.
Short -term or emergency housing payments means some form of limited subsidy, a one payment, or payments made
over a limited time period to prevent the homelessness of a HOPWA short-term rent, mortgage and utility payments
within a 21 week period. Cc associated with transitional care programs should be counted in this category, if assistance is
within six months for the majority of clients. If transitional support is generally expected periods, please report these units
in another category, most likely 3 -a units supported with
Units in facilities supported with operating costs means units for leasing, such as a comm project -based rental
assistance units, or SRO dwelling where costs to be incurred during the will primarily be related to general maintenance,
security, operations, insurance, utility equipment and supplies, etc.
Units in facilities to be developed with capital costs means housing facilities, such , residence, SRO dwelling or other
multi -unit dwelling where costs to be incurred during the will primarily be related to acquisition, new construction or
conversion, substantial or rehabilitation of the unit.
Deduction for units reported in more than one category: This is to be used to correct Please estimate, to the degree
possible, the number of units reported in more than one household that will receive short-term rent payment and then
continue on under a tenant - I program.
Columns
# of Units with HOPWA funds: Self- explanatory.
Amount of HOPWA funds: Self- explanatory.
Page 21 of 21