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HomeMy WebLinkAboutYear 2003 Emergency Shelter Grant Program Augusta Richmond GA DOCUMENT NAME: "Ie p"R .QDO:' e: \'l'\ '" ~~ e. IV Q'I <; /4 ~ ~ TC R- ~"l'" T ?~()~~A~ DOCUMENT TYPE: C-oNTRRC T YEAR: ~()O ~ BOX NUMBER: ,<:6 FILE NUMBER: llo l" '1 c) NUMBER OF PAGES: 100 File If 16695 Contract 1-1-03 YEAR 2003 EMERGENCY SHELTER GRANT PROGRAM Golden Harvet Food Bank Inc Augusta Urban Ministries Coordinated Health Serivces Inc Beulah Grove Community Resource Center Inc The Salvation Army Amendment #1 for The Salvation Army The Augusta Task Force for The Homeless THE FOLLOWING If ana: ~ .' . -' CONTRACT BETWE:;UGUST A, GEORGIA t lQllP V GOLDEN HARVEST FOOD BANK, INC. FOR YEAR 2003 EMERGENCY SHELTER GRANT PROGRAM THIS AGREEMENT, made and entered into on this 1st day of January ~ 2003, by and between AUGUSTA, GEORGIA, by and through the Augusta-Richmond County Commission, as the Implementor of the Emergency Shelter Grant Program (hereinafter referred to as "Grantee"), and Golden Harvest Food Bank. Inc. (hereinafter referred to as the "Subrecipient"). WHEREAS, the Grantee receives funds under the Emergency Shelter Grants (ESG) Program of the United States Department of Housing and Urban Development (BUD), as authorized by the Stewart B. McKinney Homeless Assistance Act of 1987 (public Law 100-77), the Stewart B. McKinney Homeless Assistance Amendments Act of 1988 (Public Law 100-628), the Cranston-Gonzalez National Affordable Housing Act of 1990 (public Law 101-625) and HUD's ESG regulations in 24 cFR Part 576, as amended; and WHEREAS, the purpose of the ESG Program is to help improve the quality of existing emergency shelters for the homeless, to help make available additional emergency shelters, to help meet the cost of operating emergency shelters and of providing certain essential social services to homeless families and individuals, so that these persons have access not only to safe and sanitary shelter, but also to the supportive services and other kinds of assistance they need to attain self-sufficiency. The program is also intended to restrict the increase of homelessness through the funding of preventive programs and activities; and WHEREAS, the City, as an Entitlement Grantee for the ESG Program is responsible for the administration, implementation, planning and evaluation within its respective jurisdiction of the ESG Program and for the HUD Consolidated Plan; and WHEREAS, the services which are funded by the ESG Program must benefit homeless individuals and families within the respective jurisdiction of the City, and in accordance with the income eligibility criteria found in the HUD Section 8 Guidelines. WHEREAS, pursuant to such Grant, the Grantee is undertaking certain programs and services necessary for the planning, implementation and execution of such a Emergency Shelter Grant Program; and WHEREAS, the Grantee desires to engage the Subrecipient to render certain services, programs, or assistance in connection with such undertakings of the Emergency Shelter Grant Program, situated in the Project Area described in Appendix A. NOW, THEREFORE, the parties hereto do mutually agree as follows: 1. SCOPE OF SERVICE The Subrecipient shall perform all the necessary services provided under this Contract in accordance with and respecting the following project: The Master's Table Soup Kitchen is one of the larger congregate feeding sites in downtown Augusta. It feeds an average of 183 individuals noontime meals every day of the year. Two days a week, medical practitioners offer medical advice and refer the guests to local clinics for further treatment. The Subrecipient shall do, perform, and carry out, in a satisfactory manner, as determined by the Grantee, the goals, objectives, and tasks set forth in Appendix B, and incorporated herein by reference. 2. TERMS; TERMINATION A. The services of the Subrecipient are to commence on January 1. 2003 , and shall be undertaken and completed in such sequence as to assure their expeditious completion in the light of the purposes of this Contract unless so otherwise specified in the Contract Section 19 (General Terms and Conditions). This Contract shall remain in effect until December 3 L 2003, or until this Contract is otherwise terminated. B. The parties agree that the Grantee may terminate this Contract or any work or delivery required hereunder, from time to time, either in whole or in part, whenever the Commission, on recommendation from the Director of the Housing and Neighborhood Development Department (HND), shall determine that such termination is in the Grantee's best interest. Termination, in whole of in part, shall be effected by delivery of a Notice of Termination signed by the Mayor, mailed or delivered to Subrecipient, and specifically setting forth the effective date ofterrnination. C. Either party may terminate this Contract, without further obligation, for the default of the other party or its agents or employees with respect to any contract or provision contained herein upon 15 days written notice to the other party. All reports or accountings provided for herein shall be rendered whether or not falling due within the contract period. D. Further, the Grantee reserves the right to terminate this Contract upon written notification to the Subrecipient lUlder any of the following conditions: 2 (1) Notification by HUD to the Grantee that said project is ineligible because of project location, services provided, or any other reason cited by BUD; (2) Notification by HOD to the Grantee that said project is deficient and that continued support of the project is not providing an adequate level of services to low income homeless people; or (3) Written notification from HUD to the Grantee that the program funds made available to the Grantee are being curtailed, withdrawn, or otherwise restricted. E. The Grantee also reserves the right to terminate this Contract or to reduce the Contract compensation amount if the Subrecipient: (1) Fails to file required reports or to meet project progress or completion deadlines; (2) Materially fails to comply with any provision of this Contract which may result in suspension or termination in accordance with OMB Circular A-llO. (3) Expends funds under this Contract for ineligible activities, services, or items; (4) Implements the project prior to notification from the Grantee that the federal environmental review process has been completed; (5) Violates Labor Standards requirements; or (6) Fails to comply with written notice from the Grantee of substandard performance under the terms of this Contract. 3. KEY PERSONNEL A. Subrecipient shall assign to this Contract the following key personnel: (1) Philipe Erramuzpe, President (2) Michael J. Firmin, Executive Director B. During the period of performance, Subrecipient shall make no substitutes of key personnel unless the substitution is necessitated by illness, death, or termination of employment. Subrecipient shall notify the Grantee Director of HND within five (5) calendar days after the occurrence of any of these events and provide the following information, providing a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Grantee's Director of HND. Proposed substitutes should have comparable qualifications to those of the persons being replace. The Grantee's Director of HND will notify the Subrecipient within fifteen (15) calendar days after receipt of all required information of the decision on substitutions. This clause will be modified to reflect any approved changes of key personnel. 3 4. PERFORMANCE MONITORING The Grantee will monitor the performance of the Subrecipient against goals and performance standards required herein. Substandard performance as determined by the Grantee will constitute non-compliance with this contract. If actions to correct such substandard performance are not taken by the Subrecipient within 30 days following on- site monitoring by the Grantee, contract termination procedures will be initiated. 5. INSPECTION AND ACCEPTANCE All tasks and reports shall be conducted and completed in accordance with recognized and customarily accepted industry practices, and shall be considered complete when services are approved as acceptable by the Grantee in writing. In the event of rejection of any tasks, reports, etc., Subrecipient shall be notified in writing and shall have ten (10) working days from date of issuance of notification to correct the deficiencies and re- submit acceptable work within said ten-day period. Failure to submit acceptable work within said ten-day period shall constitute a breach of this contract for which the Subrecipient may be held in default. 6. SEVERABILITY If any term or condition of this Contract is found by a court of competent jurisdiction to be void or invalid, such invalidity shall not affect the remaining terms and conditions of this Contract, which shall continue in full force and effect. 7. COMPENSATION The Subrecipient shall be paid a total consideration of $15.084.00 for full performance of the services specified under this Contract. Any cost above this amount shall be the sole responsibility of the Subrecipient. Subrecipient shall submit monthly requests for payment to the Housing and Neighborhood Development (HND) Department. Compensation shall be allowed on a reimbursement basis, only after expenditures have been incurred by the Subrecipient and proper supporting documentation has been submitted in conformity with the approved and executed budget documentation which is attached to this Contract as Appendix C, incorporated herein by reference. In every case, payment will be made subject to receipt of a reimbursement request for payment from the Subrecipient specifying and certifying that such expenses have been incurred and expended in conformance with this Contract and that the Subrecipient is entitled to receive the amount requested under the terms of this Contract. Client's eligibility data shall be included with said reimbursement request. Payments will be made on a monthly basis only with a 30-day turnaround period by Grantee. Requests for payments must be received by Grantee not later than the 15th day of each calendar month for work performed during the preceding calendar month. The Subrecipient shall not claim reimbursement from the Grantee for that portion of its obligations which has been paid by another source of revenue. 4 " The Subrecipient shall notify the Grantee in writing of all authorized personnel who shall be empowered to file requests for payment pursuant to this Contract. Any unused funds remaining at the expiration of this contract shall revert to Grantee. 8. USE OF FUNDS Use of funds received pursuant to this Contract shall be in accordance with the requirements of the Emergency Shelter Grants Program: Stewart B. McKinney Homeless Assistance Act 24 CFR Part 576 and other regulations governing Emergency Shelter Grant Program, and any amendments or policy revisions thereto which shall become effective during the term of this Contract including OMB Circular A-122, "Cost Principles for Non-Profit Organizations, OMB Circular A-lID "Uniform Administrative Requirements for Grants and Contracts With Institutions of Higher Education, Hospitals and Other Non-Profit Organizations and OMB Circular A-133, "Audits of Institutions of Higher Education and Other Non-Profit Institutions." A copy of said regulations and circulars are incorporated by reference. Further, any funded activity must be designed or so located as to principally benefit lower income homeless individuals and families. "Homelessness" is defined as a person who is living on the street or in an emergency shelter, or who would be living on the street or in an emergency shelter without HUD's homelessness assistance. A person is considered homeless only when the person resides in one of the following places: · In places not meant for human habitation, such as cars, parks, sidewalks, abandoned buildings, on the street; · In an emergency shelter; · In transitional or supportive housing for homeless persons who originally came from . the streets or emergency shelters; · In any of the above places but is spending a short time (up to 30 consecutive days) in a hospital or other institution; · Is being evicted within a week from a private dwelling unit and no subsequent residence has been identified and the person lacks the resources and support networks needed to obtain housing or their housing has been condemned by housing officials and is no longer considered meant for human habitation; · Is being discharged within a week from an institution in which the person has been a resident for more than 30 consecutive days and no subsequent residence has been identified and the person lacks the resources and support networks needed to obtain housing; or · Is fleeing a domestic violence housing situation and no subsequent residence has been identified and the person lacks the resources and support networks needed to obtain housing. The Subrecipient agrees to maintain documentation that demonstrates that the activities carried out with funds provided under this Contract meet one or more of the ESG Program's purposes as defined in 24 CFR 576.1: (1) to help improve the quality of 5 eXlstmg emergency shelters for the homeless, (2) to help make available additional emergency shelters, (3) to help meet the costs of operating emergency shelters and of providing certain essential social services to homeless individuals, so that these persons have access not only to safe and sanitary shelter, but also to the supportive services and other kinds of assistance they need to improve their situations; and (4) to restrict the increase ofhomelessness through the funding of preventive programs and activities. 9. MATCHING FUNDS The Subrecipient shall match the amount of the grant approved for this project. In calculating the amount of matching funds, there may be included the value of any donated material or building: the value of any lease on a building; any salary paid to staff in carrying out the emergency shelter programs; and the time and services contributed by volunteers to carry out the emergency shelter program, determined at the rate of $10.00 per hour. The Grantee shall determine the value of any donated material or building or any lease using any method reasonably calculated to establish a fair market value. Subrecipient will provide documentation to substantiate and identify the source of matching funds in an amount equal to the amount of the funds. Such matching funds shall not be used as a match to any other Federal grant and shall not be used as a match to a previous ESG grant received by Subrecipient. 10. PROGRAM INCOME Program income shall be returned to the Grantee unless Grantee authorize in writing that all or a specific portion thereof of such program income will be retained by Subrecipient. Program income is anticipated to be approximately $0. 11. INDIRECT COSTS Indirect costs will only be paid if Subrecipient has an indirect cost allocation plan approved by the Department of Housing and Urban Development prior to the execution of this Contract. 12. TRAVEL Subrecipient shall obtain prior written approval from the Grantee for any travel outside the metropolitan area with funds provided under this Contract. All Federal Travel Regulations are applicable (41 cFR Part 301). 13. INDEMNIFICATION Subrecipient agrees to indemnify and hold harmless Grantee from any and all claims in any way related to or arising out of Subrecipient's performance of its obligations hereunder and/or Subrecipient's failure to perform its obligations hereunder or related to or arising out of any damage or injury to property or persons, occurring or allegedly 6 occurring in connection with Subrecipient's performance or non-performance of its obligations hereunder. No payment, however, final or otherwise, shall operate to release the Subrecipient from any obligations under this Contract. 14. INSURANCE & BONDING Subrecipient shall carry sufficient insurance coverage to protect contract assets from loss due to theft, fraud ap.d/or undue physical damage, and as a minimum shall purchase a blanket fidelity bond covering all employees in an amount equal to cash advances from the Grantee. All policies providing insurance coverage required to be maintained by Subrecipient hereunder shall list Grantee, Augusta Richmond County Commission and its Mayor, and their officers, agents, members, employees and successors as named insured as their interests may appear, and shall be issued by an insurance carrier or carriers licensed to do business in the State of Georgia and reasonably acceptable to Grantee. All such policies shall provide that no act or omission of Grantee or its agents, servants, or employees shall in any way invalidate any insurance coverage for the other named insured. No insurance policy providing any insurance coverage required to be provided by Subrecipient hereunder shall be cancelable without at least 15 days advance written notice to Grantee. All insurance policies required hereunder, or copies thereof, shall be provided to Grantee by Subrecipient. 15. GRANTOR RECOGNITION Subrecipient shall insure recognition of the role of the grantor agency in providing services through this contract. All activities, facilities and items utilized pursuant to this contract shall be prominently labeled as to funding source. In addition, the Subrecipient will include a reference to the support provided here in all publications made possible with funds made available under this contract. 16. OPEN MEETINGS LAW COMPLIANCE Subrecipient is subject to the Georgia Open Meetings Law if it receives more that 33 1/3% of its funds from taxpayer sources. Accordingly, the Subrecipient will take the following compliance measures: it will notify the Augusta Chronicle and the Augusta Focus or the Metro Courier of its regular board meetings' schedule and of any special called meetings except emergency meetings; it will post notices of its meetings in a public place at the meeting sites and it will keep a written agenda, minutes, attendance, and voting record for each meeting and make the same available for inspections by the press, the public and the Grantee. The press, public and the Grantee shall not be denied admittance to the Subrecipient's board meetings. Subrecipient shall provide to the Grantee a tentative annual schedule of the Board of Directors' meetings. Publications and minutes of each meeting shall be maintained. 7 17. ASSIGNMENT Without the prior written consent of the Grantee, this Contract is not assignable by the Subrecipient, either in whole or in part. 18. ENTIRE CONTRACT; ALTERATION This Contract is the entire contract between the parties hereto. No alteration or variation in the terms of this Contract shall be valid unless made in writing and signed by the parties hereto. Only one amendment to said contract shall be allowed during the program year. 19. GENERAL TERMS AND CONDITIONS A. REPORTS The Subrecipient agrees to submit to Grantee program progress reports and any other reports that may be specified in Appendix D. B. CLIENT DATA Subrecipient agrees to maintain client data and documentation demonstrating client's eligibility for services. Such data shall include, but not be limited to, client's name, address, income level, racial, ethnic, gender, head of household, household income, household size, homeless status, or other basis for determining eligibility, and description of services provided. In addition, individual client files are to be maintained to include individual client plans, documentation of services provided and the tracking or follow-up of clients completing the program. C. RECORDS TO BE MAINTAINED Subrecipient shall maintain all records required by the federal regulations specified in 24 cFR Part 576 that are pertinent to the activities to be funded under this Contract. Such records shall include but not be limited to: (1) Records required to determine the eligibility of activities provided to each homeless person; (2) Records documenting compliance with the fair housing and equal opportunity components of the ESG Program, and (3) financial records as required by OMB Circular A-I33. Subrecipient agrees to keep all necessary books and records, including property, personnel and [mancial records in connection with the operations and services 8 performed under this Contract, and shall document all transactions so that all expenditures may be properly audited. If the Subrecipient receives $300,000 or more in combined federal assistance, it agrees to obtain an audit conducted in accordance with OMB Circular A-133. However, if an audit is not required, the Subrecipient agrees to provide quarterly financial reports to the Grantee. If Subrecipient does not prepare fmancial statements on a monthly or quarterly basis, a detailed list of cash receipts and disbursements should be submitted to Grantee quarterly. D. ACCESS TO RECORDS The Subrecipient agrees that the Grantee or any authorized representative has access to and the right to examine all records, books, papers, or documents related to the project. E. RETENTION The Subrecipient hereby severally warrants that all project records, books, papers, and documents will be retained for a period of not less that four (4) years after the termination of all activities funded under this contract, or after the resolution of all Federal audit fmdings, whichever occurs later and grants the Grantee the option of retention of the project records, books, papers, and documents. The retention period shall start from the date of submission of the Grantee's annual performance report, as prescribed in 24 cFR 576.85, in which the specific activity is reported on for the final time rather than from the date of submission of the final expenditure report for the award. F. PERMITS The Subrecipient agrees to obtain all necessary permits for intended improvements or activities. G. AFFIRMATIVE ACTION The Subrecipient, if its program involves housing, agrees to affirmatively further fair housing. H. CONFLICT OF INTEREST The Subrecipient hereby severally warrants that it will establish and adopt safeguards to prohibit members, officers, and employees from using positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. Further, no member, officer, or employee of Subrecipient who exercises any functions or responsibility with respect to the program during his or her tenure or for one year thereafter, shall have any 9 [mancial interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, either for themselves or those with whom they have family or business ties, for work to be performed in connection with the program assisted under this Contract. 1. AUTHORIZATION TO EXECUTE CONTRACT The undersigned person signing as an officer on behalf of the Subrecipient, a party to this Contract, hereby severally warrants and represents that said person has authority to enter into this Contract on behalf of said Subrecipient and to bind the same to this Contract, and further that said Subrecipient has authority to enter into this Contract and that there are no restrictions or prohibitions contained in any article of incorporation or bylaws against entering into this Contract. 1. INDEPENDENT CONTRACTOR Nothing contained in this Contract is intended to or shall be construed in any manner to create or establish an employer-employee relationship between the parties, nor shall any employee of the Subrecipient by virtue of this Contract be an employee of the Grantee for any purpose whatsoever, nor shall any employee of the Subrecipient be entitled to any of the rights, privileges, or benefits of Grantee employees. The Subrecipient shall be deemed at all times an independent contractor and shall be wholly responsible for time, means and manner for performance of the services required of it by the terms of this Contract. The Subrecipient assumes exclusively the responsibility for the acts of its employees as they relate to the services provided during the course and scope of their employment. K. PROCUREMENT When procuring property, goods and services under $100,000, the Subrecipient shall follow Augusta-Richmond County's procurement procedures which reflects applicable state and local laws and regulations. F or purchases of $100,000 or more, federal laws, regulations and standards shall apply. 1. EQUIPMENT AND PERSONAL PROPERTY (1) Use. Equipment and personal property shall be used by the Subrecipient in the program or project for which it was acquired as long as need, whether or not the project or program continues to be supported by Federal funds. (2) Disposition. When no longer needed for the original program project, disposition of any equipment or personal property of any kind shall be determined and approved by the Grantee consistent with provisions of Circular A-II 0, except 10 (a) In all cases in which personal property is sold, the proceeds shall be program income, and (b) Personal property not needed by the Subrecipient for ESG activities shall be transferred to the Grantee for the ESG Program or shall be retained after submitting compensation to the Grantee for the ESG Program, and ( c) Compensation for items of equipment or personal property retained or sold shall be an amount calculated by multiplying the current market value or proceeds from sale by the percentage of ESG funds provided on the original costs of equipment or personal property. (3) Management and Requirements. Procedures for managing equipment (including replacement equipment) and personal property, whether acquired in whole or in part with grant funds, until disposition takes place shall, as a minimum, meet the following requirements: (a) Written notification must be given to the Housing and Neighborhood Development (HND) Department within seven (7) calendar days after delivery to the Subrecipient of equipment or personal property in order for HND to effect identification and recording for inventory purposes. Property records must be maintained that include a description of the property, a serial number or other identification number, the source of property, who holds title, the acquisition date and cost of the property, percentage of ESG funds in the cost of the property, the location, use and condition of the property, and any ultimate disposition data including the date of disposal and sale price of the property. (b) A physical inventory of the property must be taken and the results reconciled with the property records at least once a year. (c) A control system must be developed to ensure adequate safeguards to prevent loss, damage or theft of the property. Any loss, damage or theft shall be investigated by the Subrecipient and reported to the Grantee. (d) Adequate maintenance procedures must be developed to keep the property in good condition. 11 (e) If Subrecipient is authorized or required to sell the property, proper sales procedures must be established to ensure the highest possible return. 20. OTHER PROVISIONS Subrecipient agree to comply with the following requirements imposed by HUD on the use of program funds: A. The requirements of the Fair Housing Act (42 U.S.C. 3601-20) and implementing regulations at 24 cFR Part 100, as the same may be amended from time to time; Executive Order 11063 and implementing regulations at 24 cFR Part 107, as may be amended; and Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2002d-4) and implementing regulations issued at 24 CFR Part 1, as the same may be amended; B. The prohibitions against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C. 6101-07) and implementing regulations at 24 CFR Part 146, as the same may be amended, and the prohibitions against discrimination against otherwise qualified individuals with handicaps under Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), implementing regulations at 24 cFR Part 8 (for the purposes of this Program, the term "dwelling units" shall include sleeping accommodations), as the same may be amended, and the Americans with Disabilities Act of 1990 (public Law 101-336) and implementing regulations, as the same may be amended; C. The requirements of Executive Order 11246 and the regulations issued under the Order at 41 cFR Chapter 60, as the same may be amended; D. The requirements of Section 3 of the Housing and Urban Development Act of 1968, 12 D.S.C. 1701(u), and implementing regulations at 24 CFR Part 135, as the same may be amended, and the requirements of the Employment and Contracting Opportunities provisions set forth in 24 CFR Part 576, as the same may be amended; E. The requirements of Executive Orders 11625, 12432 and 12138 which require that an effort be made to encourage the use of minority and women's business enterprises in connection with the project for which program funds have been awarded; F. The requirement that the project for which program funds have been awarded hereunder make known that use of the facility and services is available to all on a nondiscriminatory basis; regardless of race, color, religion, sex, age, national origin, handicap or disability; 12 G. The requirements of Executive Order 12372 and the implementing regulations at 24 cFR Part 52, as the same may be amended, (relating to intergovernmental review) to the extent provided by the Federal Register Notice in accordance with 24 cFR 52.3; H. The applicable requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601-4655), as the same may be amended, and the implementing regulations in 49 cFR Part 24, as the same may be amended, and the Relocation and Acquisition provisions set forth in 24 CFR 576.80, as the same may be amended; 1. The requirements of the Drug Free Workplace Act of 1988 and the implementing regulations in 24 CFR 24, subpart F, as the same may be amended; J. The requirements of the Conflict of Interest provisions set forth in 24 CFR 576.79(d), as the same may be amended, and the Use of Debarred, Suspended or Ineligible Contractors provisions set forth in 24 cFR 576.79(e), as the same may be amended; K. The Environmental Review provisions set forth in 24 cFR Part 576, as the same may be amended, and the Flood Insurance provisions set forth in 24 CFR 576.79(f), as the same may be amended; 1. The applicable requirements of the Lead Based Paint Poisoning Prevention Act (42 U.S.C. 4821-4846), and the implementing regulations in 24 cFR Part 35, and the Lead Based Paint provisions set forth in 24 cFR Part 576, as the same may be amended; M. The applicable requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in CFR, Part 800, Advisory Council of Historic Preservation Procedures for Protection of Historic properties, insofar as they apply to the performance of this contract. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a Federal, State or local historic property list. In addition to, and not in substitution for other provisions of this Contract regarding the use of program funds, if the Subrecipient is deemed to be a religious or denominational institution or organization, or an organization operated for religious purposes which is supervised or controlled by a religious or denominational institution or organization, Subrecipient agrees that, in connection with the use of the program funds: (1) it will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion; (2) it will not discriminate against any persons applying for housing, shelter, 13 G. The requirements of Executive Order 12372 and the implementing regulations at 24 CFR Part 52, as the same may be amended, (relating to intergovernmental review) to the extent provided by the Federal Register Notice in accordance with 24 CFR 52.3; H. The applicable requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601-4655), as the same may be amended, and the implementing regulations in 49 CFR Part 24, as the same may be amended, and the Relocation and Acquisition provisions set forth in 24 CFR 576.80, as the same may be amended; 1. The requirements of the Drug Free Workplace Act of 1988 and the implementing regulations in 24 CFR 24, subpart F, as the same may be amended; J. The requirements of the Conflict of Interest provisions set forth in 24 cFR 576.79(d), as the same may be amended, and the Use of Debarred, Suspended or Ineligible Contractors provisions set forth in 24 CFR 576.79(e), as the same may be amended; K. The Environmental Review provisions set forth in 24 cFR Part 576, as the same may be amended, and the Flood Insurance provisions set forth in 24 cFR 576.79(f), as the same may be amended; 1. The applicable requirements of the Lead Based Paint Poisoning Prevention Act (42 U.S.C. 4821-4846), and the implementing regulations in 24 cFR Part 35, and the Lead Based Paint provisions set forth in 24 CFR Part 576, as the same may be amended; M. The applicable requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.c. 470) and the procedures set forth in cFR, Part 800, Advisory Council of Historic Preservation Procedures for Protection of Historic properties, insofar as they apply to the performance of this contract. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a Federal, State or local historic property list. In addition to, and not in substitution for other provisions of this Contract regarding the use of program funds, if the Subrecipient is deemed to be a religious or denominational institution or organization, or an organization operated for religious purposes which is supervised or controlled by a religious or denominational institution or organization, Subrecipient agrees that, in connection with the use of the program funds: (1) it will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion; (2) it will not discriminate against any persons applying for housing, shelter, 13 services or any eligible activity under the program on the basis of religion and will not limit such housing or other eligible activities or give preference to persons on the basis of religion; and (3) it will provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing, and exert no other religious influence in the provision of housing, shelter, services, or other eligible activity under the program. 21. MISCELLANEOUS A. This Contract shall be governed by and construed according to the laws of the State of Georgia. B. Time shall be of the essence to this Contract, except where it is herein specifically provided to the contrary. IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first written above. SEAL cry: r;@12i~ ena J. onner Clerk of Commission AUGUSTA. GEORGIA a/kf) (Grantee) '{ttJ0~ fA i Bob Yo g As its Mayor ATTEST: ATTEST: L SEAL By: l orate Secretary I ~["1otJJ} (Plain Witness) 14 APPENDIX A Proiect Area Golden Harvest Food Bank is located at 3310 Commerce Drive, Augusta, Georgia 30909 and The Master's Table Soup Kitchen is located at 842 Fenwick Street, Augusta, Georgia 30901. APPENDIX B Goals. Obiectives. and Tasks The goals are to continue to provide meals for the homeless in downtown Augusta, to increase the nutritional value of midday meals and continue to practice fiscal responsibility in operating The Master's Table. The objectives are: 1) to feed an average of 183 individuals daily: 2) offer three (3) servings of fruits/vegetables each meal; 3) ensure nutritional balance, a dietetic intern will provide meal-planning assistance one (1) day a week; and 4) staff will continue to efficiently manage the soup kitchen without additional personnel throughout the year 2003. APPENDIX C Bud2et Essential Services Food $5,340.00 Operating Cost Office Supplies and Postage RentlUtilities/Insurance Maintenance/S upplies Equi oment/Furniture/Fixtures TOTAL 200.00 4,680.00 1,300.00 3.564.00 $15,084.00 APPENDIX D Re{lorting Requirements The Subrecipient shall submit to the Grantee the following reports for the term of this contract. 1. Quarterly Progress Reports Due April 15, July 15, October 15 and January 15. 15 2. Annual Report - Due January 30 3. Audit Report (Due 30 days after completion of audit). ATTACHMENTS #1 Regulations. Circulars & Local Procurement Policy 1. Emergency Shelter Grant Program regulations 24 CFR 576. 2. OMB Circular A-122 "Cost Principles for Non-Profit Organizations," 3. OMB Circular A-110 "Grants and Contracts with Institutions of Higher Education, Hospitals & Other Non- Profit Organizations" 4. OMB Circular A-B3, "Audits of Institutions of Higher Education and Other Non- Profit Institutions" 5. Augusta-Richmond County Procurement Policy ATTACHMENTS #2 Forms 1. Homeless Verification 2. Verification of Income 3. Reimbursement Request 4. Quarterly Report 5. Annual Report 6. Time Sheet 7. Travel Log 8. Inventory 16 CONTRACT BETWEEN AUGUSTA, GEORGIA AND AUGUST A URBAN MINISTRIES, INC. FOR YEAR 2003 EMERGENCY SHELTER GRANT PROGRAM (ClQl[Py THIS AGREEMENT, made and entered into on this ~day of January ... 2003, by and between AUGUSTA, GEORGIA, by and through the Augusta-Richmond County Commission, as the Implementor of the Emergency Shelter Grant Program (hereinafter referred to as "Grantee"), and Augusta Urban Ministries. Inc., (hereinafter referred to as the "Subrecipient"). WHEREAS, the Grantee receives funds under the Emergency Shelter Grants (ESG) Program of the United States Department of Housing and Urban Development (BUD), as authorized by the Stewart B. McKinney Homeless Assistance Act of 1987 (public Law 100-77), the Stewart B. McKinney Homeless Assistance Amendments Act of 1988 (public Law 100-628), the Cranston-Gonzalez National Affordable Housing Act of 1990 (public Law 101-625) and HUD's ESG regulations in 24 CFR Part 576, as amended; and WHEREAS, the purpose of the ESG Program is to help improve the quality of existing emergency shelters for the homeless, to help make available additional emergency shelters, to help meet the cost of operating emergency shelters and of providing certain essential social services to homeless families and individuals, so that these persons have access not only to safe and sanitary shelter, but also to the supportive services and other kinds of assistance they need to attain self-sufficiency. The program is also intended to restrict the increase of homelessness through the funding of preventive programs and activities; and WHEREAS, the City, as an Entitlement Grantee for the ESG Program is responsible for the administration, implementation, planning and evaluation within its respective jurisdiction of the ESG Program and for the HUD Consolidated Plan; and WHEREAS, the services which are funded by the ESG Program must benefit homeless individuals and families within the respective jurisdiction of the City, and in accordance with the income eligibility criteria found in the BUD Section 8 Guidelines. WHEREAS, pursuant to such Grant, the Grantee is undertaking certain programs and services necessary for the planning, implementation and execution of such a Emergency Shelter Grant Program; and WHEREAS, the Grantee desires to engage the Subrecipient to render certain services, programs, or assistance in connection with such undertakings of the Emergency Shelter Grant Program, situated in the Project Area described in Appendix A. NOW, THEREFORE, the parties hereto do mutually agree as follows: 1. SCOPE OF SERVICE The Subrecipient shall perform all the necessary services provided under this Contract in accordance with and respecting the following project: Augusta Urban Ministries Furniture Bank will provide furniture, household items, materials for home repair, medical equipment, bikes for adults to use as their mode of transportation, blankets, coats, heater and fans at no charge to homeless/low income clients. The Subrecipient shall do, perform, and carry out, in a satisfactory manner, as determined by the Grantee, the goals, objectives, and tasks set forth in Appendix B, and incorporated herein by reference. 2. TERMS; TERMINATION A. The services of the Subrecipient are to commence on January 1. 2003 , and shall be undertaken and completed in such sequence as to assure their expeditious completion in the light of the purposes of this Contract unless so otherwise specified in the Contract Section 19 (General Terms and Conditions). This Contract shall remain in effect until December 31. 2003 , or until this Contract is otherwise terminated. B. The parties agree that the Grantee may terminate this Contract or any work or delivery required hereunder, from time to time, either in whole or in part, whenever the Commission, on recommendation from the Director of the Housing and Neighborhood Development Department (HND), shall determine that such termination is in the Grantee's best interest. Termination, in whole of in part, shall be effected by delivery of a Notice of Termination signed by the Mayor, mailed or delivered to Subrecipient, and specifically setting forth the effective date of termination. C. Either party may terminate this Contract, without further obligation, for the default of the other party or its agents or employees with respect to any contract or provision contained herein upon 15 days written notice to the other party. All reports or accountings provided for herein shall be rendered whether or not falling due within the contract period. D. Further, the Grantee reserves the right to terminate this Contract upon written notification to the Subrecipient under any of the following conditions: 2 (1) Notification by HUD to the Grantee that said project is ineligible because of project location, services provided, or any other reason cited by BUD; (2) Notification by HUD to the Grantee that said project is deficient and that continued support of the project is not providing an adequate level of services to low income homeless people; or (3) Written notification from HUD to the Grantee that the program funds made available to the Grantee are being curtailed, withdrawn, or otherwise restricted. E. The Grantee also reserves the right to terminate this Contract or to reduce the Contract compensation amount if the Subrecipient: (1) Fails to file required reports or to meet project progress or completion deadlines; (2) Materially fails to comply with any provision of this Contract which may result in suspension or termination in accordance with OMB Circular A-II O. (3) Expends funds under this Contract for ineligible activities, services, or items; (4) Implements the project prior to notification from the Grantee that the federal environmental review process has been completed; (5) Violates Labor Standards requirements; or (6) Fails to comply with written notice from the Grantee of substandard performance under the terms of this Contract. 3. KEY PERSONNEL A. Subrecipient shall assign to this Contract the following key personnel: (1) William F. Windom, President (2) Rebecca Wallace, Executive Director B. During the period of performance, Subrecipient shall make no substitutes of key personnel unless the substitution is necessitated by illness, death, or termination of employment. Subrecipient shall notify the Grantee Director of HND within five (5) calendar days after the occurrence of any of these events and provide the following information, providing a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Grantee's Director of HND. Proposed substitutes should have comparable qualifications to those of the persons being replace. The Grantee's Director of HND will notify the Subrecipient within fifteen (15) calendar days after receipt of all required information of the decision on substitutions. This clause will be modified to reflect any approved changes of key personnel. 3 4. PERFORMANCE MONITORING The Grantee will monitor the performance of the Subrecipient against goals and performance standards required herein. Substandard performance as determined by the Grantee will constitute non-compliance with this contract. If actions to correct such substandard performance are not taken by the Subrecipient within 30 days following on- site monitoring by the Grantee, contract termination procedures will be initiated. 5. INSPECTION AND ACCEPTANCE All tasks and reports shall be conducted and completed in accordance with recognized and customarily accepted industry practices, and shall be considered complete when services are approved as acceptable by the Grantee in writing. In the event of rejection of any tasks, reports, etc., Subrecipient shall be notified in writing and shall have ten (10) working days from date of issuance of notification to correct the deficiencies and re- submit acceptable work within said ten-day period. Failure to submit acceptable work within said ten-day period shall constitute a breach of this contract for which the Subrecipient may be held in default. 6. SEVERABILITY If any term or condition of this Contract is found by a court of competent jurisdiction to be void or invalid, such invalidity shall not affect the remaining terms and conditions of this Contract, which shall continue in full force and effect. 7. COMPENSATION The Subrecipient shall be paid a total consideration of $15.750.00 for full performance of the services specified under this Contract. Any cost above this amount shall be the sole responsibility of the Subrecipient. Subrecipient shall submit monthly requests for payment to the Housing and Neighborhood Development (HND) Department Compensation shall be allowed on a reimbursement basis, only after expenditures have been incurred by the Subrecipient and proper supporting documentation has been submitted in conformity with the approved and executed budget documentation which is attached to this Contract as Appendix C, incorporated herein by reference. In every case, payment will be made subject to receipt of a reimbursement request for payment from the Subrecipient specifying and certifying that such expenses have been incurred and expended in conformance with this Contract and that the Subrecipient is entitled to receive the amount requested under the terms of this Contract Client's eligibility data shall be included with said reimbursement request. Payments will be made on a monthly basis only with a 30-day turnaround period by Grantee. Requests for payments must be received by Grantee, not later than the 15th day of each calendar month for work performed during the preceding calendar month. The Subrecipient shall not claim reimbursement from the Grantee for that portion of its obligations which has been paid by another source of revenue. 4 The Subrecipient shall notify the Grantee in writing of all authorized personnel who shall be empowered to file requests for payment pursuant to this Contract. Any unused funds remaining at the expiration of this contract shall revert to Grantee. 8. USE OF FUNDS Use of funds received pursuant to this Contract shall be in accordance with the requirements of the Emergency Shelter Grants Program: Stewart B. McKinney Homeless Assistance Act 24 CFR Part 576 and other regulations governing Emergency Shelter Grant Program, and any amendments or policy revisions thereto which shall become effective during the term of this Contract including OMB Circular A-122, "Cost Principles for Non-Profit Organizations, OMB Circular A-110 "Uniform Administrative Requirements for Grants and Contracts With Institutions of Higher Education, Hospitals and Other Non-Profit Organizations and OMB Circular A-B3, "Audits of Institutions of Higher Education and Other Non-Profit Institutions." A copy of said regulations and circulars are incorporated by reference. Further, any funded activity must be designed or so located as to principally benefit lower income homeless individuals and families. "Homelessness" is defined as a person who is living on the street or in an emergency shelter, or who would be living on the street or in an emergency shelter without BUD's homelessness assistance. A person is considered homeless only when the person resides in one of the following places: · In places not meant for human habitation, such as cars, parks, sidewalks, abandoned buildings, on the street; · In an emergency shelter; · In transitional or supportive housing for homeless persons who originally came from the streets or emergency shelters; · In any of the above places but is spending a short time (up to 30 consecutive days) in a hospital or other institution; · Is being evicted within a week from a private dwelling unit and no subsequent residence has been identified and the person lacks the resources and support networks needed to obtain housing or their housing has been condemned by housing officials and is no longer considered meant for human habitation; · Is being discharged within a week from an institution in which the person has been a resident for more than 30 consecutive days and no subsequent residence has been identified and the person lacks the resources and support networks needed to obtain housing; or · Is fleeing a domestic violence housing situation and no subsequent residence has been identified and the person lacks the resources and support networks needed to obtain housing. The Subrecipient agrees to maintain documentation that demonstrates that the activities carried out with funds provided lUlder this Contract meet one or more of the ESG Program's purposes as defined in 24 CFR 576.1: (1) to help improve the quality of 5 existing emergency shelters for the homeless, (2) to help make available additional emergency shelters, (3) to help meet the costs of operating emergency shelters and of providing certain essential social services to homeless individuals, so that these persons have access not only to safe and sanitary shelter, but also to the supportive services and other kinds of assistance they need to improve their situations; and (4) to restrict the increase of homelessness through the funding of preventive programs and activities. 9. MATCIDNG FUNDS The Subrecipient shall match the amount of the grant approved for this project. In calculating the amount of matching funds, there may be included the value of any donated material or building: the value of any lease on a building; any salary paid to staff in carrying out the emergency shelter programs; and the time and services contributed by volunteers to carry out the emergency shelter program, determined at the rate of $10.00 per hour. The Grantee shall determine the value of any donated material or building or any lease using any method reasonably calculated to establish a fair market value. Subrecipient will provide documentation to substantiate and identify the source of matching funds in an amount equal to the amount of the funds. Such matching funds shall not be used as a match to any other Federal grant and shall not be used as a match to a previous ESG grant received by Subrecipient. 10. PROGRAMINCOME Program. income shall be returned to the Grantee unless Grantee authorize in writing that all or a specific portion thereof of such program income will be retained by Subrecipient. Program income is anticipated to be approximately $0. 11. INDIRECT COSTS Indirect costs will only be paid if Subrecipient has an indirect cost allocation plan approved by the Department of Housing and Urban Development prior to the execution of this Contract. 12. TRAVEL Subrecipient shall obtain prior written approval from the Grantee for any travel outside the metropolitan area with funds provided under this Contract. All Federal Travel Regulations are applicable (41 CFR Part 301). 13. INDEMNIFICATION Subrecipient agrees to indemnify and hold harmless Grantee from any and all claims in any way related to or arising out of Subrecipient's performance of its obligations hereunder and/or Subrecipient's failure to perform its obligations hereunder or related to or arising out of any damage or injury to property or persons, occurring or allegedly 6 occurring in connection with Subrecipient's performance or non-performance of its obligations hereunder. No payment, however, final or otherwise, shall operate to release the Subrecipient from any obligations under this Contract. 14. INSURANCE & BONDING Subrecipient shall carry sufficient insurance coverage to protect contract assets from loss due to theft, fraud and/or undue physical damage, and as a minimum shall purchase a blanket fidelity bond covering all employees in an amount equal to cash advances from the Grantee. All policies providing insurance coverage required to be maintained by Subrecipient hereunder shall list Grantee, Augusta Richmond County Commission and its Mayor, and their officers, agents, members, employees and successors as named insured as their interests may appear, and shall be issued by an insurance carrier or carriers licensed to do business in the State of Georgia and reasonably acceptable to Grantee. All such policies shall provide that no act or omission of Grantee or its agents, servants, or employees shall in any way invalidate any insurance coverage for the other named insured. No insurance policy providing any insurance coverage required to be provided by Subrecipient hereunder shall be cancelable without at least 15 days advance written notice to Grantee. All insurance policies required hereunder, or copies thereof, shall be provided to Grantee by Subrecipient. 15. GRANTOR RECOGNITION Subrecipient shall insure recognition of the role of the grantor agency in providing services through this contract. All activities, facilities and items utilized pursuant to this contract shall be prominently labeled as to funding source. In addition, the Subrecipient will include a reference to the support provided here in all publications made possible with funds made available under this contract. 16. OPEN MEETINGS LAW COMPLIANCE Subrecipient is subject to the Georgia Open Meetings Law if it receives more that 33 1/3% of its funds from taxpayer sources. Accordingly, the Subrecipient will take the following compliance measures: it will notify the Augusta Chronicle and the Augusta Focus or the Metro Courier of its regular board meetings' schedule and of any special called meetings except emergency meetings; it will post notices of its meetings in a public place at the meeting sites and it will keep a written agenda, minutes, attendance, and voting record for each meeting and make the same available for inspections by the press, the public and the Grantee. The press, public and the Grantee shall not be denied admittance to the Subrecipient's board meetings. Subrecipient shall provide to the Grantee a tentative annual schedule of the Board of Directors' meetings. Publications and minutes of each meeting shall be maintained. 7 17. ASSIGNMENT Without the prior written consent of the Grantee, this Contract is not assignable by the Subrecipient, either in whole or in part. 18. ENTIRE CONTRACT; AL TERA TION This Contract is the entire contract between the parties hereto. No alteration or variation in the terms of this Contract shall be valid unless made in writing and signed by the parties hereto. Only one amendment to said contract shall be allowed during the program year. 19. GENERAL TERMS AND CONDITIONS A. REPORTS The Subrecipient agrees to submit to Grantee program progress reports and any other reports that may be specified in Appendix D. B. CLIENT DATA Subrecipient agrees to maintain client data and documentation demonstrating client's eligibility for services. Such data shall include, but not be limited to, client's name, address, income level, racial, ethnic, gender, head of household, household income, household size, homeless status, or other basis for determining eligibility, and description of services provided. In addition, individual client files are to be maintained to include individual client plans, documentation of services provided and the tracking or follow-up of clients completing the program. C. RECORDS TO BE MAINTAINED Subrecipient shall maintain all records required by the federal regulations specified in 24 CFR Part 576 that are pertinent to the activities to be funded under this Contract. Such records shall include but not be limited to: (1) Records required to determine the eligibility of activities provided to each homeless person; (2) Records documenting compliance with the fair housing and equal opportunity components of the ESG Program, and (3) Financial records as required by ONlB Circular A-133. Subrecipient agrees to keep all necessary books and records, including property, personnel and financial records in connection with the operations and services s performed under this Contract, and shall document all transactions so that all expenditures may be properly audited. If the Subrecipient receives $300,000 or more in combined federal assistance, it agrees to obtain an audit conducted in accordance with OMB Circular A-B3. However, if an audit is not required, the Subrecipient agrees to provide quarterly financial reports to the Grantee. If Subrecipient does not prepare fmancial statements on a monthly or quarterly basis, a detailed list of cash receipts and disbursements should be submitted to Grantee quarterly. D. ACCESS TO RECORDS The Subrecipient agrees that the Grantee or any authorized representative has access to and the right to examine all records, books, papers, or documents related to the project. E. RETENTION The Subrecipient hereby severally warrants that all project records, books, papers, and documents will be retained for a period of not less that four (4) years after the termination of all activities funded under this contract, or after the resolution of all Federal audit findings, whichever occurs later and grants the Grantee the option of retention of the project records, books, papers, and documents. The retention period shall start from the date of submission of the Grantee's annual performance report, as prescribed in 24 cFR 576.85, in which the specific activity is reported on for the fmal time rather than from the date of submission of the fmal expenditure report for the award. F. PERMITS The Subrecipient agrees to obtain all necessary permits for intended improvements or activities. G. AFFIRMATIVE ACTION The Subrecipient, if its program involves housing, agrees to affirmatively further fair housing. H. CONFLICT OF INTEREST The Subrecipient hereby severally warrants that it will establish and adopt safeguards to prohibit members, officers, and employees from using positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. Further, no member, officer, or employee of Subrecipient who exercises any functions or responsibility with respect to the program during his or her tenure or for one year thereafter, shall have any 9 .. . ; [mancial interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, either for themselves or those with whom they have family or business ties, for work to be performed in connection with the program assisted under this Contract. 1. AUTHORIZATION TO EXECUTE CONTRACT The undersigned person signing as an officer on behalf of the Subrecipient, a party to this Contract, hereby severally warrants and represents that said person has authority to enter into this Contract on behalf of said Subrecipient and to bind the same to this Contract, and further that said Subrecipient has authority to enter into this Contract and that there are no restrictions or prohibitions contained in any article of incorporation or bylaws against entering into this Contract. J. lliDEPENDENTcONTRACTOR Nothing contained in this Contract is intended to or shall be construed in any manner to create or establish an employer-employee relationship between the parties, nor shall any employee of the Subrecipient by virtue of this Contract be an employee of the Grantee for any purpose whatsoever, nor shall any employee of the Subrecipient be entitled to any of the rights, privileges, or benefits of Grantee employees. The Subrecipient shall be deemed at all times an independent contractor and shall be wholly responsible for time, means and manner for performance of the services required of it by the terms of this Contract. The Subrecipient assumes exclusively the responsibility for the acts of its employees as they relate to the services provided during the course and scope of their employment. K. PROCUREMENT When procuring property, goods and services under $100,000, the Subrecipient shall follow Augusta-Richmond County's procurement procedures which reflects applicable state and local laws and regulations. For purchases of $100,000 or more, federal laws, regulations and standards shall apply. 1. EQUIPMENT AND PERSONAL PROPERTY (1) Use. Equipment and personal property shall be used by the Subrecipient in the program or project for which it was acquired as long as need, whether or not the project or program continues to be supported by Federal funds. (2) Disposition. When no longer needed for the original program project, disposition of any equipment or personal property of any kind shall be determined and approved by the Grantee consistent with provisions of Circular A-II 0, except 10 (a) In all cases in which personal property is sold, the proceeds shall be program income, and (b) Personal property not needed by the Subrecipient for ESG activities shall be transferred to the Grantee for the ESG Program or shall be retained after submitting compensation to the Grantee for the ESG Program, and (c) Compensation for items of equipment or personal property retained or sold shall be an amount calculated by multiplying the current market value or proceeds from sale by the percentage of ESG funds provided on the original costs of equipment or personal property. (3) Management and Requirements. Procedures for managmg equipment (including replacement equipment) and personal property, whether acquired in whole or in part with grant funds, . until disposition takes place shall, as a minimum, meet the following requirements: (a) Written notification must be given to the Housing and Neighborhood Development (HND) Department within seven (7) calendar days after delivery to the Subrecipient of equipment or personal property in order for HND to effect identification and recording for inventory purposes. Property records must be maintained that include a description of the property, a serial number or other identification number, the source of property, who holds title, the acquisition date and cost of the property, percentage of ESG funds in the cost of the property, the location, use and condition of the property, and any ultimate disposition data including the date of disposal and sale price of the property. (b) A physical inventory of the property must be taken and the results reconciled with the property records at least once a year. (c) A control system must be developed to ensure adequate safeguards to prevent loss, damage or theft of the property. Any loss, damage or theft shall be investigated by the Subrecipient and reported to the Grantee. (d) Adequate maintenance procedures must be developed to keep the property in good condition. 11 (e) If Subrecipient is authorized or required to sell the property, proper sales procedures must be established to ensure the highest possible return. 20. OTHER PROVISIONS Subrecipient agree to comply with the following requirements imposed by HUD on the use of program funds: A. The requirements of the Fair Housing Act (42 U.S.C. 3601-20) and implementing regulations at 24 CFR Part 100, as the same may be amended from time to time; Executive Order 11063 and implementing regulations at 24 CFR Part 107, as may be amended; and Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2002d-4) and implementing regulations issued at 24 CFR Part 1, as the same may be amended; B. The prohibitions against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 D.S.C. 6101-07) and implementing regulations at 24 CFR Part 146, as the same may be amended, and the prohibitions against discrimination against otherwise qualified individuals with handicaps under Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), implementing regulations at 24 CFR Part 8 (for the purposes of this Program, the term "dwelling units" shall include sleeping accommodations), as the same may be amended, and the Americans with Disabilities Act of 1990 (public Law 101-336) and implementing regulations, as the same may be amended; C. The requirements of Executive Order 11246 and the regulations issued under the Order at 41 CFR Chapter 60, as the same may be amended; D. The requirements of Section 3 of the Housing and Urban Development Act of 1968, 12 D.S.C. 1701(u), and implementing regulations at 24 CFR Part 135, as the same may be amended, and the requirements of the Employment and Contracting Opportunities provisions set forth in 24 CFR Part 576, as the same may be amended; E. The requirements of Executive Orders 11625, 12432 and 12138 which require that an effort be made to encourage the use of minority and women's business enterprises in connection with the project for which program funds have been awarded; F. The requirement that the project for which program funds have been awarded hereunder make known that use of the facility and services is available to all on a nondiscriminatory basis; regardless of race, color, religion, sex, age, national origin, handicap or disability; 12 APPENDIX A Proiect Area Augusta Urban Ministries is located at 303 Hale Street, Augusta, Georgia 30901. APPENDIX B Goals. Objectives. and Tasks Augusta Urban Ministries will: 1) assist 3,000 individuals in expanding limited resources, 2) assist in the creation of healthy living environments for the 3,000 persons and 3) expand the program services of 31 agencies and 12 churches, and at the same time save scarce resources available to them through the collaborative efforts of the Furniture Bank Program. APPENDIX C Bude:et Essential Services Administrative Furniture Distribution TOTAL $3,000.00 12.750.00 $15,750.00 APPENDIX D Reoortine: ReQuirements The Subrecipient shall submit to the Grantee the following reports for the term of this contract. 1. Quarterly Progress Reports Due April 15, July 15, October 15 and January 15. 2. Annual Report - Due January 30 3. Audit Report (Due 30 days after completion of audit). 15 ATTACHMENTS #1 Regulations. Circulars & Local Procurement Policy 1. Emergency Shelter Grant Program regulations 24 CFR 576. 2. OMB Circular A-122 "Cost Principles for Non-Profit Organizations," 3. OMB Circular A-I 10 "Grants and Contracts with Institutions of Higher Education, Hospitals & Other Non- Profit Organizations" 4. OMB Circular A-B3, "Audits of Institutions of Higher Education and Other Non- Profit Institutions" 5. Augusta-Richmond County Procurement Policy ATTACHMENTS #2 Forms 1. Homeless Verification 2. Verification of Income 3. Reimbursement Request 4. Quarterly Report 5. Annual Report 6. Time Sheet 7. Travel Log 8. Inventory 16 , CONTRACT BETWEEN AUGUSTA, GEORGIA AND AUGUSTA TASK FORCE FOR THE HOlVIELESS, INC. FOR YEAR 2003 EMERGENCY SHELTER GRANT PROGRAi\1 (ClQl[P1[ THIS AGREEMENT, made and entered into on this 1st day of January. 2003, by and between AUGUSTA, GEORGIA, by and through the Augusta-Richmond County Commission, as the Implementor of the Emergency Shelter Grant Program (hereinafter referred to as "Grantee"), and the Augusta Task Force for the Homeless. Inc. (hereinafter referred to as the "Subrecipient"). WHEREAS, the Grantee receives funds under the Emergency Shelter Grants (ESG) Program of the United States Department of Housing and Urban Development (HUD), as authorized by the Stewart B. McKinney Homeless Assistance Act of 1987 (Public Law 100-77), the Stewart B. McKinney Homeless Assistance Amendments Act of 1988 (public Law 100-628), the Cranston-Gonzalez National Affordable Housing Act of 1990 (public Law 101-625) and HUD's ESG regulations in 24 CFR Part 576, as amended; and WHEREAS, the purpose of the ESG Program is to help improve the quality of existing emergency shelters for the homeless, to help make available additional emergency shelters, to help meet the cost of operating emergency shelters and of providing certain essential social services to homeless families and individuals, so that these persons have access not only to safe and sanitary shelter, but also to the supportive services and other kinds of assistance they need to attain self-sufficiency. The program is also intended to restrict the increase of homelessness through the funding of preventive programs and activities; and WHEREAS, the City, as an Entitlement Grantee for the ESG Program is responsible for the administration, implementation, planning and evaluation within its respective jurisdiction of the ESG Program and for the HUD Consolidated Plan; and WHEREAS, the services which are funded by the ESG Program must benefit homeless individuals and families within the respective jurisdiction of the City, and in accordance with the income eligibility criteria found in the HOD Section 8 Guidelines. WHEREAS, pursuant to such Grant, the Grantee is undertaking certain programs and services necessary for the planning, implementation and execution of such a Emergency Shelter Grant Program; and WHEREAS, the Grantee desires to engage the Subrecipient to render certain services, programs, or assistance in connection with such undertakings of the Emerge!lcy Shelter Grant Program, situated in the Project Area described in Appendix A. NOW, THEREFORE, the parties hereto do mutually agree as follows: 1. SCOPE OF SERVICE The Subrecipient shall perform all the necessary services provided under this Contract in accordance with and respecting the following project: Homeless Birth Certificate/Georgia Photo Identification Program Aids homeless persons in obtaining certified birth certificates for each member of their family and aids in obtaining Georgia Photo ill Cards The Subrecipient shall do, perform, and carry out, in a satisfactory manner, as determined by the Grantee, the goals, objectives, and tasks set forth in Appendix B, and incorporated herein by reference. 2. TERMS; TERMINATION A. The services of the Subrecipient are to commence on January L 2003 , and shall be undertaken and completed in such sequence as to assure their expeditious completion in the light of the purposes of this Contract unless so otherwise specified in the Contract Section 19 (General Terms and Conditions). This Contract shall remain in effect until December 3 L 2003, or until this Contract is otherwise terminated. B. The parties agree that the Grantee may terminate this Contract or any work or delivery required hereunder, from time to time, either in whole or in part, whenever the Commission, on recommendation from the Director of the Housing and Neighborhood Development Department (HND), shall determine that such termination is in the Grantee's best interest. Termination, in whole of in part, shall be effected by delivery of a Notice of Termination signed by the Mayor, mailed or delivered to Subrecipient, and specifically setting forth the effective date of termination. C. Either party may terminate this Contract, without further obligation, for the default of the other party or its agents or employees with respect to any contract or provision contained herein upon 15 days written notice to the other party. All reports or accountings provided for herein shall be rendered whether or not falling due within the contract period. D. Further, the Grantee reserves the right to terminate this Contract upon written notification to the Subrecipient under any of the following conditions: (1) Notification by HUD to the Grantee that said project is ineligible because of project location, services provided, or any other reason cited by HUD; 2 (2) Notification by BUD to the Grantee that said project is deficient and that continued support of the project is not providing an adequate level of services to low income homeless people; or (3) Written notification from HUD to the Grantee that the program funds made available to the Grantee are being curtailed, withdrawn, or otherwise restricted. E. The Grantee also reserves the right to terminate this Contract or to reduce the Contract compensation amount if the Subrecipient: (1) Fails to file required reports or to meet project progress or completion deadlines; (2) Materially fails to comply with any provision of this Contract which may result in suspension or termination in accordance with OMB Circular A-II O. (3) Expends funds under this Contract for ineligible activities, services, or items; (4) Implements the project prior to notification from the Grantee that the federal environmental review process has been completed; (5) Violates Labor Standards requirements; or (6) Fails to comply with written notice from the Grantee of substandard performance under the terms of this Contract. 3. KEY PERSONNEL A. Subrecipient shall assign to this Contract the following key personnel: (1) Rebecca Wallace, President (2) Joan Stoddard, Executive Director B. During the period of performance, Subrecipient shall make no substitutes of key personnel unless the substitution is necessitated by illness, death, or termination of employment. Subrecipient shall notify the Grantee Director of HND within five (5) calendar days after the occurrence of any of these events and provide the following information, providing a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Grantee's Director of HND. Proposed substitutes should have comparable qualifications to those of the persons being replace. The Grantee's Director of HND will notify the Subrecipient within fifteen (15) calendar days after receipt of all required information of the decision on substitutions. This clause will be modified to reflect any approved changes of key personneL 3 4. PERFORMANCE MONITORING The Grantee will monitor the performance of the Subrecipient against goals and performance standards required herein. Substandard performance as determined by the Grantee will constitute non-compliance with this contract. If actions to correct such substandard perfomlance are not taken by the Subrecipient within 30 days following on- site monitoring by the Grantee, contract termination procedures will be initiated. 5. INSPECTION AND ACCEPTANCE All tasks and reports shall be conducted and completed in accordance with recognized and customarily accepted industry practices, and shall be considered complete when services are approved as acceptable by the Grantee in writing. In the event of rejection of any tasks, reports, etc., Subrecipient shall be notified in writing and shall have ten (10) working days from date of issuance of notification to correct the deficiencies and re- submit acceptable work within said ten-day period. Failure to submit acceptable work within said ten-day period shall constitute a breach of this contract for which the Subrecipient may be held in default. 6. SEVERABILITY If any term or condition of this Contract is found by a court of competent jurisdiction to be void or invalid, such invalidity shall not affect the remaining terms and conditions of this Contract, which shall continue in full force and effect. 7. COMPENSATION The Subrecipient shall be paid a total consideration of $ 8.000 for full performance of the services specified under this Contract. Any cost above this amount shall be the sole responsibility of the Subrecipient. Subrecipient shall submit monthly requests for payment to the Housing and Neighborhood Development (HND) Department. Compensation shall be allowed on a reimbursement basis, only after expenditures have been incurred by the Subrecipient and proper supporting documentation has been submitted in conformity with the approved and executed budget documentation which is attached to this Contract as Appendix C, incorporated herein by reference. In every case, payment will be made subject to receipt of a reimbursement request for payment from the Subrecipient specifying and certifying that such expenses have been incurred and expended in conformance with this Contract and that the Subrecipient is entitled to receive the amount requested under the terms of this Contract. Client's eligibility data shall be included with said reimbursement request. Payments will be made on a monthly basis only with a 30-day turnaround period by Grantee. Requests for payments must be received by Grantee not later than the 15th day of each calendar month for work performed during the preceding calendar month. The Subrecipient shall not claim reimbursement from the Grantee for that portion of its obligations which has been paid by another source of revenue. 4 The Subrecipient shall notify the Grantee in writing of all authorized personnel who shall be empowered to file requests for payment pursuant to this Contract. Any unused funds remaining at the expiration of this contract shall revert to Grantee. 8. USE OF FUNDS Use of funds received pursuant to this Contract shall be in accordance with the requirements of the Emergency Shelter Grants Program: Stewart B. McKinney Homeless Assistance Act 24 CFR Part 576 and other regulations governing Emergency Shelter Grant Program, and any amendments or policy revisions thereto which shall become effective during the term of this Contract including OMB Circular A-122, "Cost Principles for Non-Profit Organizations, OMB Circular A-110 "Uniform Administrative Requirements for Grants and Contracts With Institutions of Higher Education, Hospitals and Other Non-Profit Organizations and OMB Circular A-133, "Audits of Institutions of Higher Education and Other Non-Profit Institutions." A copy of said regulations and circulars are incorporated by reference. Further, any funded activity must be designed or so located as to principally benefit lower income homeless individuals and families. "Homelessness" is defined as a person who is living on the street or in an emergency shelter, or who would be living on the street or in an emergency shelter without BUD's homelessness assistance. A person is considered homeless only when the person resides in one of the following places: · In places not meant for human habitation, such as cars, parks, sidewalks, abandoned buildings, on the street; · In an emergency shelter; · In transitional or supportive housing for homeless persons who originally came from the streets or emergency shelters; · In any of the above places but is spending a short time (up to 30 consecutive days) in a hospital or other institution; · Is being evicted within a week from a private dwelling unit and no subsequent residence has been identified and the person lacks the resources and support networks needed to obtain housing or their housing has been condemned by housing officials and is no longer considered meant for human habitation; · Is being discharged within a week from an institution in which the person has been a resident for more than 30 consecutive days and no subsequent residence has been identified and the person lacks the resources and support networks needed to obtain housing; or ill Is fleeing a domestic violence housing situation and no subsequent residence has been identified and the person lacks the resources and support networks needed to obtain housing. The Subrecipient agrees to maintain documentation that demonstrates that the activities carried out with funds provided under this Contract meet one or more of the ESG Program's purposes as defined in 24 CFR 576.1: (1) to help improve the quality of 5 eXlstmg emergency shelters for the homeless, (2) to help make available additional emergency shelters, (3) to help meet the costs of operating emergency shelters and of providing certain essential social services to homeless individuals, so that these persons have access not only to safe and sanitary shelter, but also to the supportive services and other kinds of assistance they need to improve their situations; and (4) to restrict the increase ofhomelessness through the funding of preventive programs and activities. 9. MATCHING FUNDS The Subrecipient shall match the amount of the grant approved for this project. In calculating the amount of matching funds, there may be included the value of any donated material or building: the value of any lease on a building; any salary paid to staff in carrying out the emergency shelter programs; and the time and services contributed by volunteers to carry out the emergency shelter program, determined at the rate of $10.00 per hour. The Grantee shall determine the value of any donated material or building or any lease using any methoq. reasonably calculated to establish a fair market value. Subrecipient will provide documentation to substantiate and identify the source of matching funds in an amount equal to the amount of the funds. Such matching funds shall not be used as a match to any other Federal grant and shall not be used as a match to a previous ESG grant received by Subrecipient. 10. PROGRAM INCOME Program income shall be returned to the Grantee unless Grantee authorize in writing that all or a specific portion thereof of such program income will be retained by Subrecipient. Program income is anticipated to be approximately $0. 11. INDIRECT COSTS Indirect costs will only be paid if Subrecipient has an indirect cost allocation plan approved by the Department of Housing and Urban Development prior to the execution of this Contract. 12. TRAVEL Subrecipient shall obtain prior written approval from the Grantee for any travel outside the metropolitan area with funds provided under this Contract. All Federal Travel Regulations are applicable (41 CFR Part 301). 13. INDEMNIFICATION Subrecipient agrees to indemnify and hold harmless Grantee from any and all claims in any way related to or arising out of Subrecipient's performance of its obligations hereunder and/or Subrecipient's failure to perform its obligations hereunder or related to or arising out of any damage or injury to property or persons, occurring or allegedly 6 occurring in connection with Subrecipient's performance or non-performance of its obligations hereunder. No payment, however, fmal or otherwise, shall operate to release the Subrecipient from any obligations under this Contract. 14. INSURANCE & BONDING Subrecipient shall carry sufficient insurance coverage to protect contract assets from loss due to theft, fraud and/or undue physical damage, and as a minimum shall purchase a blanket fidelity bond covering all employees in an amount equal to cash advances from the Grantee. All policies providing insurance coverage required to be maintained by Subrecipient hereunder shall list Grantee, Augusta Richmond County Commission and its Mayor, and their officers, agents, members, employees and successors as named insured as their interests may appear, and shall be issued by an insurance carrier or carriers licensed to do business in the State of Georgia and reasonably acceptable to Grantee. All such policies shall provide that no act or omission of Grantee or its agents, servants, or employees shall in any way invalidate any insurance coverage for the other named insured. No insurance policy providing any insurance coverage required to be provided by Subrecipient hereunder shall be cancelable without at least 15 days advance written notice to Grantee. All insurance policies required hereunder, or copies thereof, shall be provided to Grantee by Subrecipient. 15. GRANTOR RECOGNITION Subrecipient shall insure recognition of the role of the grantor agency in providing services through this contract. All activities, facilities and items utilized pursuant to this contract shall be prominently labeled as to funding source. In addition, the Subrecipient will include a reference to the support provided here in all publications made possible with funds made available under this contract. 16. OPEN MEETINGS LAW COMPLIANCE Subrecipient is subject to the Georgia Open Meetings Law if it receives more that 33 1/3% of its funds from taxpayer sources. Accordingly, the Subrecipient will take the following compliance measures: it will notify the Augusta Chronicle and the Augusta Focus or the Metro Courier of its regular board meetings' schedule and of any special called meetings except emergency meetings; it will post notices of its meetings in a public place at the meeting sites and it will keep a written agenda, minutes, attendance, and voting record for each meeting and make the same available for inspections by the press, the public and the Grantee. The press, public and the Grantee shall not be denied admittance to the Subrecipient's board meetings. Subrecipient shall provide to the Grantee a tentative annual schedule of the Board of Directors' meetings. Publications and minutes of each meeting shall be maintained. 7 17. ASSIGNMENT Without the prior written consent of the Grantee, this Contract is not assignable by the Subrecipient, either in whole or in part. 18. ENTIRE CONTRACT; ALTERATION This Contract is the entire contract between the parties hereto. No alteration or variation in the terms of this Contract shall be valid unless made in writing and signed by the parties hereto. Only one amendment to said contract shall be allowed during the program year. 19. GENERAL TERMS AND CONDITIONS A. REPORTS The Subrecipient agrees to submit to Grantee program progress reports and any other reports that may be specified in Appendix D. B. CLIENT DATA Subrecipient agrees to maintain client data and documentation demonstrating client's eligibility for services. Such data shall include, but not be limited to, client's name, address, income level, racial, ethnic, gender, head of household, household income, household size, homeless status, or other basis for determining eligibility, and description of services provided. In addition, individual client files are to be maintained to include individual client plans, documentation of services provided and the tracking or follow-up of clients completing the program. c. RECORDS TO BE MAINTAINED Subrecipient shall maintain all records required by the federal regulations specified in 24 CFR Part 576 that are pertinent to the activities to be funded under this Contract. Such records shall include but not be limited to: (1) Records required to determine the eligibility of activities provided to each homeless person; (2) Records documenting compliance with the fair housing and equal opportunity components of the ESG Program, and (3) Financial records as required by OMB Circular A-133. Subrecipient agrees to keep all necessary books and records, including property, personnel and financial records in connection with the operations and services 8 performed under this Contract, and shall document all transactions so that all expenditures may be properly audited. If the Subrecipient receives $300,000 or more in combined federal assistance, it agrees to obtain an audit conducted in accordance with OIvIB Circular A-133. However, if an audit is not required, the Subrecipient agrees to provide quarterly financial reports to the Grantee. If Subrecipient does not prepare fInancial statements on a monthly or quarterly basis, a detailed list of cash receipts and disbursements should be submitted to Grantee quarterly. D. ACCESS TO RECORDS The Subrecipient agrees that the Grantee or any authorized representative has access to and the right to examine all records, books, papers, or documents related to the project. E. RETENTION The Subrecipient hereby severally warrants that all project records, books, papers, and documents will be retained for a period of not less that four (4) years after the termination of all activities funded under this contract, or after the resolution of all Federal audit [mdings, whichever occurs later and grants the Grantee the option of retention of the project records, books, papers, and documents. The retention period shall start from the date of submission of the Grantee's annual performance report, as prescribed in 24 CFR 576.85, in which the specific activity is reported on for the final time rather than from the date of submission of the final expenditure report for the award. F. PERMITS The Subrecipient agrees to obtain all necessary permits for intended improvements or activities. G. AFFIRMATIVE ACTION The Subrecipient, if its program involves housing, agrees to affmnatively further fair housing. H. CONFLICT OF INTEREST The Subrecipient hereby severally warrants that it will establish and adopt safeguards to prohibit members, officers, and employees from using positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or otller ties. Further, no member, officer, or employee of Subrecipient who exercises any functions or responsibility with respect to the program during his or her tenure or for one year thereafter, shall have any 9 [mancial interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, either for themselves or those with whom they have family or business ties, for work to be performed in connection with the program assisted under this Contract. 1. AUTHORIZATION TO EXECUTE CONTRACT The undersigned person signing as an officer on behalf of the Subrecipient, a party to this Contract, hereby severally warrants and represents that said person has authority to enter into this Contract on behalf of said Subrecipient and to bind the same to this Contract, and further that said Subrecipient has authority to enter into this Contract and that there are no restrictions or prohibitions contained in any article of incorporation or bylaws against entering into this Contract. J. ~EPENDENTCONTRACTOR Nothing contained in this Contract is intended to or shall be construed in any manner to create or establish an employer-employee relationship between the parties, nor shall any employee of the Subrecipient by virtue of this Contract be an employee of the Grantee for any purpose whatsoever, nor shall any employee of the Subrecipient be entitled to any of the rights, privileges, or benefits of Grantee employees. The Subrecipient shall be deemed at all times an independent contractor and shall be wholly responsible for time, means and manner for performance of the services required of it by the terms of this Contract. The Subrecipient assumes exclusively the responsibility for the acts of its employees as they relate to the services provided during the course and scope of their employment. K. PROCUREMENT When procuring property, goods and services under $100,000, the Subrecipient shall follow Augusta-Richmond County's procurement procedures which reflects applicable state and local laws and regulations. For purchases of $100,000 or more, federal laws, regulations and standards shall apply. 1. EQUIPMENT AND PERSONAL PROPERTY (1) Use. Equipment and personal property shall be used by the Subrecipient in the program or project for which it was acquired as long as need, whether or not the project or program continues to be supported by Federal funds. (2) Disposition. When no longer needed for the original program project, disposition of any equipment or personal property of any kind shall be determined and approved by the Grantee consistent with provisions of Circular A-l1 0, except 10 (a) In all cases in which personal property is sold, the proceeds shall be program income, and (b) Personal property not needed by the Subrecipient for ESG activities shall be transferred to the Grantee for the ESG Program or shall be retained after submitting compensation to the Grantee for the ESG Program, and (c) Compensation for items of equipment or personal property retained or sold shall be an amount calculated by multiplying the current market value or proceeds from sale by the percentage of ESG funds provided on the original costs of equipment or personal property. (3) Management and Requirements. Procedures for managmg equipment (including replacement equipment) and personal property, whether acquired in whole or in part with grant funds, until disposition takes place shall, as a minimum, meet the following requirements: (a) Written notification must be given to the Housing and Neighborhood Development (HND) Department within seven (7) calendar days after delivery to the Subrecipient of equipment or personal property in order for HND to effect identification and recording for inventory purposes. Property records must be maintained that include a description of the property, a serial number or other identification number, the source of property, who holds title, the acquisition date and cost of the property, percentage of ESG funds in the cost of the property, the location, use and condition of the property, and any ultimate disposition data including the date of disposal and sale price of the property. (b) A physical inventory of the property must be taken and the results reconciled with the property records at least once a year. (c) A control system must be developed to ensure adequate safeguards to prevent loss, damage or theft of the property. Any loss, damage or theft shall be investigated by the Subrecipient and reported to the Grantee. (d) Adequate maintenance procedures must be developed to keep the property in good condition. 11 (e) If Subrecipient is authorized or required to sell the property, proper sales procedures must be established to ensure the highest possible return. 20. OTHER PROVISIONS Subrecipient agree to comply with the following requirements imposed by HUD on the use of program funds: A. The requirements of the Fair Housing Act (42 U.S.C. 3601-20) and implementing regulations at 24 CFR Part 100, as the same may be amended from time to time; Executive Order 11063 and implementing regulations at 24 CFR Part 107, as may be amended; and Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2002d-4) and implementing regulations issued at 24 CFR Part 1, as the same may be amended; B. The prohibitions against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C. 6101-07) and implementing regulations at 24 CFR Part 146, as the same may be amended, and the prohibitions against discrimination against otherwise qualified individuals with handicaps under Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), implementing regulations at 24 CFR Part 8 (for the purposes of this Program, the term "dwelling units" shall include sleeping accommodations), as the same may be amended, and the Americans with Disabilities Act of 1990 (public Law 101-336) and implementing regulations, as the same may be amended; C. The requirements of Executive Order 11246 and the regulations issued under the Order at 41 CFR Chapter 60, as the same may be amended; D. The requirements of Section 3 of the Housing and Urban Development Act of 1968, 12 U.S.C. 1701(u), and implementing regulations at 24 CFR Part 135, as the same may be amended, and the requirements of the Employment and Contracting Opportunities provisions set forth in 24 CFR Part 576, as the same may be amended; E. The requirements of Executive Orders 11625, 12432 and 12138 which require that an effort be made to encourage the use of minority and women's business enterprises in connection with the project for which program funds have been awarded; F. The requirement that the project for which program funds have been awarded hereunder make known that use of the facility and services is available to all on a nondiscriminatory basis; regardless of race, color, religion, sex, age, national origin, handicap or disability; 12 G. The requirements of Executive Order 12372 and the implementing regulations at 24 CFR Part 52, as the same may be amended, (relating to intergovernmental review) to the extent provided by the Federal Register Notice in accordance with 24 CFR 52.3; H. The applicable requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601-4655), as the same may be amended, and the implementing regulations in 49 CFR Part 24, as the same may be amended, and the Relocation and Acquisition provisions set forth in 24 CFR 576.80, as the same may be amended; 1. The requirements of the Drug Free Workplace Act of 1988 and the implementing regulations in 24 CFR 24, subpart F, as the same may be amended; J. The requirements of the Conflict of Interest provisions set forth in 24 CFR 576.79(d), as the same may be amended, and the Use of Debarred, Suspended or Ineligible Contractors provisions set forth in 24 CFR 576.79(e), as the same may be amended; K. The Environmental Review provisions set forth in 24 CFR Part 576, as the same may be amended, and the Flood Insurance provisions set forth in 24 CFR 576.79(f), as the same may be amended; 1. The applicable requirements of the Lead Based Paint Poisoning Prevention Act (42 U.S.C. 4821-4846), and the implementing regulations in 24 CFR Part 35, and the Lead Based Paint provisions set forth in 24 CFR Part 576, as the same may be amended; M. The applicable requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in CFR, Part 800, Advisory Council of Historic Preservation Procedures for Protection of Historic properties, insofar as they apply to the performance of this contract. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a Federal, State or local historic property list. In addition to, and not in substitution for other provisions of this Contract regarding the use of program funds, if the Subrecipient is deemed to be a religious or denominational institution or organization, or an organization operated for religious purposes which is supervised or controlled by a religious or denominational institution or organization, Subrecipient agrees that, in connection with the use of the program funds: (1) it will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion; (2) it will not discriminate against any persons applying for housing, shelter, 13 services or any eligible activity under the program on the basis of religion and will not limit such housing or other eligible activities or give preference to persons on the basis of religion; and (3) it will provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing, and exert no other religious influence in the provision of housing, shelter, services, or other eligible activity under the program. 21. MISCELLANEOUS A. This Contract shall be governed by and construed according to the laws of the State of Georgia. B. Time shall be of the essence to this Contract, except where it is herein specifically provided to the contrary. IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first written above. SEAL cp: ATTEST: ~~ Clerk of Commission ATTEST: Augusta Task Force for the Homeless. Inc. (Subrecipient SEAL Rebecca Wallace As its President By: P~Uy~Y9-^-=~LL As its Corporate Secretary ~\\.I\f\ ~ ~ (1,,,8- lam WItness) 14 APPENDIX A Project Area The Augusta Task Force for the Homeless is located at 730 East Boundary Street, Augusta, GA 30901. APPENDIX B Goals. Obiectives. and Tasks The Augusta Task for the Homeless will establish eligibility and assist 150 homeless men, women and children in obtaining birth certificates and/or Georgia photo identification cards and provide transportation, if needed. APPENDIX C Budget Essential Services Administration Food EmploymentIHousing Support T fansportation MedicallPsychologica1lS ubstance Abuse Treatment TOTAL $800.00 800.00 5,300.00 1,000.00 100.00 $8,000.00 APPENDIX D Reoortin2: Requirements The Subrecipient shall submit to the Grantee the following reports for the term of this contract. 1. Quarterly Progress Reports Due April 15, July 15, October 15 and January 15. 2. Annual Report - Due January 30 3. Audit Report (Due 30 days after completion of audit). 15 ATTACHMENTS #1 Re2ulations. Circulars & Local Procurement Policy 1. Emergency Shelter Grant Program regulations 24 CFR 576. 2. OMB Circular A-122 "Cost Principles for Non-Profit Organizations," 3. OMB Circular A-I 10 "Grants and Contracts with Institutions of Higher Education, Hospitals & Other Non- Profit Organizations" 4. OMB Circular A-l33, "Audits of Institutions of Higher Education and Other Non- Profit Institutions" 5. Augusta-Richmond County Procurement Policy ATTACHMENTS #2 Forms 1. Homeless Verification 2. Verification of Income 3. Reimbursement Request 4. Quarterly Report 5. Annual Report 6. Time Sheet 7. Travel Log 8. Inventory 16 , . CONTRACT BETWEEN AUGUSTA, GEORGIA AND COORDINATED HEALTH SERVICES, INC. FOR YEAR 2003 EMERGENCY SHELTER GRANT PROGRAM CClQlfPl1 THIS AGREEMENT, made and entered into on this 1st day of January. 2003, by and between AUGUSTA, GEORGIA, by and through the Augusta-Richmond County Commission, as the Implementor of the Emergency Shelter Grant Program (hereinafter referred to as "Grantee"), and Coordinated Health Services. Inc. , (hereinafter referred to as the "Subrecipient"). WHEREAS, the Grantee receives funds under the Emergency Shelter Grants (ESG) Program of the United States Department of Housing and Urban Development (HUD), as authorized by the Stewart B. McKinney Homeless Assistance Act of 1987 (public Law 100-77), the Stewart B. McKinney Homeless Assistance Amendments Act of 1988 (public Law 100-628), the Cranston-Gonzalez National Affordable Housing Act of 1990 (public Law 101-625) and HUD's ESG regulations in 24 CFR Part 576, as amended; and WHEREAS, the purpose of the ESG Program is to help improve the quality of existing ,emergency shelters for the homeless, to help make available additional emergency shelters, to help meet the cost of operating emergency shelters and of providing certain essential social services to homeless families and individuals, so that these persons have access not only to safe and sanitary shelter, but also to the supportive services and other kinds of assistance they need to attain self-sufficiency. The program is also intended to restrict the increase of homelessness through the funding of preventive programs and activities; and WHEREAS, the City, as an Entitlement Grantee for the ESG Program is responsible for the administration, implementation, planning and evaluation within its respective jurisdiction of the ESG Program and for the HUD Consolidated Plan; and WHEREAS, the services which are funded by the ESG Program must benefit homeless individuals and families within the respective jurisdiction of the City, and in accordance with the income eligibility criteria found in the HUD Section 8 Guidelines. WHEREAS, pursuant to such Grant, the Grantee is undertaking certain programs and services necessary for the planning, implementation and execution of such a Emergency Shelter Grant Program; and WHEREAS, the Grantee desires to engage the Subrecipient to render certain services, programs, or assistance in connection with such undertakings of the Emergency Shelter Grant Program, situated in the Project Area described in Appendix A. NOW, THEREFORE, the parties hereto do mutually agree as follows: 1. SCOPE OF SERVICE The Subrecipient shall perform all the necessary services provided under this Contract in accordance with and respecting the following project: St. Vincent dePaul Health Center will provide primary and preventive health care to homeless people, those who have recently overcome homelessness, and those whose extreme poverty puts them at high-risk for homelessness. The Subrecipient shall do, perform, and carry out, in a satisfactory manner, as determined by the Grantee, the goals, objectives, and tasks set forth in Appendix B, and incorporated herein by reference. 2. TE~S;TE~ATION A. The services of the Subrecipient are to commence on January 1. 2003 , and shall be undertaken and completed in such sequence as to assure their expeditious completion in the light of the purposes of this Contract unless so otherwise specified in the Contract Section 19 (General Terms and Conditions). This Contract shall remain in effect until December 31. 2003, or until this Contract is otherwise terminated. B. The parties agree that the Grantee may terminate this Contract or any work or delivery required hereunder, from time to time, either in whole or in part, whenever the Commission, on recommendation from the Director of the Housing and Neighborhood Development Department (HND), shall determine that such termination is in the Grantee's best interest. Termination, in whole of in part, shall be effected by delivery of a Notice of Termination signed by the Mayor, mailed or delivered to Subrecipient, and specifically setting forth the effective date of termination. C. Either party may terminate this Contract, without further obligation, for the default of the other party or its agents or employees with respect to any contract or provision contained herein upon 15 days written notice to the other party. All reports or accountings provided for herein shall be rendered whether or not falling due within the contract period. D. Further, the Grantee reserves the right to terminate this Contract upon written notification to the Subrecipient under any of the following conditions: 2. (1) Notification by BUD to the Grantee that said project is ineligible because of proj ect location, services provided, or any other reason cited by BUD; (2) Notification by HUD to the Grantee that said project is deficient and that continued support of the project is not providing an adequate level of services to low income homeless people; or (3) Written notification from BUD to the Grantee that the program funds made available to the Grantee. are being curtailed, withdrawn, or otherwise restricted. E. The Grantee also reserves the right to terminate this Contract or to reduce the Contract compensation amount if the Subrecipient: (1) Fails to file required reports or to meet project progress or completion deadlines; (2) Materially fails to comply with any provision of this Contract which may result in suspension or termination in accordance with O:Nffi Circular A-II O. (3) Expends funds under this Contract for ineligible activities, services, or items; (4) Implements the project prior to notification from the Grantee that the federal environmental review process has been completed; (5) Violates Labor Standards requirements; or (6) Fails to comply with written notice from the Grantee of substandard performance under the terms of this Contract. 3. KEY PERSONNEL A. Subrecipient shall assign to this Contract the following key personnel: (1) George Foster, President (2) Patricia Hayes, Director B. During the period of performance, Subrecipient shall make no substitutes of key personnel unless the substitution is necessitated by illness, death, or termination of employment. Subrecipient shall notify the Grantee Director of HND within five (5) calendar days after the occurrence of any of these events and provide the following information, providing a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Grantee's Director of HND. Proposed substitutes should have comparable qualifications to those of the persons being replace. The Grantee's Director of HND will notify the Subrecipient within fifteen (15) calendar days after receipt of all required information of the decision on substitutions. This clause will be modified to reflect any approved changes of key personnel. 3 l' 4. PERFORMANCE MONITORING The Grantee will monitor the performance of the Subrecipient against goals and performance standards required herein. Substandard performance as determined by the Grantee will constitute non-compliance with this contract. If actions to correct such substandard performance are not taken by the Subrecipient within 30 days following on- site monitoring by the Grantee, contract termination procedures will be initiated. 5. INSPECTION AND ACCEPTANCE All tasks and reports shall be conducted and completed in accordance with recognized and customarily accepted industry practices, and shall be considered complete when services are approved as acceptable by the Grantee in writing. In the event of rejection of any tasks, reports, etc., Subrecipient shall be notified in writing and shall have ten (10) working days from date of issuance of notification to correct the deficiencies and re- submit acceptable work within said ten-day period. Failure to submit acceptable work within said ten-day period shall constitute a breach of this contract for which the Subrecipient may be held in default. 6. SEVERABILITY If any term or condition of this Contract is found by a court of competent jurisdiction to be void or invalid, such invalidity shall not affect the remaining terms and conditions of this Contract, which shall continue in full force and effect. 7. COMPENSATION The Subrecipient shall be paid a total consideration of $10.000.00 for full performance of the services specified under this Contract. Any cost above this amount shall be the sole responsibility of the Subrecipient. Subrecipient shall submit monthly requests for payment to the Housing and Neighborhood Development (HND) Department. Compensation shall be allowed on a reimbursement basis, only after expenditures have been incurred by the Subrecipient and proper supporting documentation has been submitted in conformity with the approved and executed budget documentation which is attached to this Contract as Appendix C, incorporated herein by reference. In every case, payment will be made subject to receipt of a reimbursement request for payment from the Subrecipient specifying and certifying that such expenses have been incurred and expended in conformance with this Contract and that the Subrecipient is entitled to receive the amount requested under the terms of this Contract. Client's eligibility data shall be included with said reimbursement request. Payments will be made on a monthly basis only with a 30-day turnaround period by Grantee. Requests for payments must be received by Grantee not later than the 15th day of each calendar month for work performed during the preceding calendar month. The Subrecipient shall not claim reimbursement from the Grantee for that portion of its obligations which has been paid by another source of revenue. 4 The Subrecipient shall notify the Grantee in writing of all authorized personnel who shall be empowered to file requests for payment pursuant to this Contract. Any unused f\1nds remaining at the expiration of this contract shall revert to Grantee. 8. USE OF FUNDS Use of funds received 'pursuant to this Contract shall be in accordance with the requirements of the Emergency Shelter Grants Program: Stewart B. McKinney Homeless Assistance Act 24 CFR Part 576 and other regulations governing Emergency Shelter Grant Program, and any amendments or policy revisions thereto which shall become effective during the term of this Contract including OMB Circular A-I22, "Cost Principles for Non-Profit Organizations, OMB Circular A-110 "Uniform Administrative Requirements for Grants and Contracts With Institutions of Higher Education, Hospitals and Other Non-Profit Organizations and OMB Circular A-133, "Audits of Institutions of Higher Education and Other Non-Profit Institutions." A copy of said regulations and circulars are incorporated by reference. Further, any funded activity must be designed or so located as to principally benefit lower income homeless individuals and families. "Homelessness" is defined as a person who is living on the street or in an emergency shelter, or who would be living on the street or in an emergency shelter without BUD's homelessness assistance. A person is considered homeless only when the person resides in one of the following places: · In places not meant for human habitation, such as cars, parks, sidewalks, abandoned buildings, on the street; · In an emergency shelter; · In transitional or supportive housing for homeless persons who originally came from the streets or emergency shelters; · In any of the above places but is spending a short time (up to 30 consecutive days) in a hospital or other institution; · Is being evicted within a week from a private dwelling unit and no subsequent residence has been identified and the person lacks the resources and support networks needed to obtain housing or their housing has been condemned by housing officials and is no longer considered meant for human habitation; · Is being discharged within a week from an institution in which the person has been a resident for more than 30 consecutive days and no subsequent residence has been identified and the person lacks the resources and support networks needed to obtain housing; or · Is fleeing a domestic violence housing situation and no subsequent residence has been identified and the person lacks the resources and support networks needed to obtain housing. The Subrecipient agrees to maintain documentation that demonstrates that the activities carried out with funds provided under this Contract meet one or more of the ESG Program's purposes as defined in 24 CFR 576.1: (1) ~o help improve the quality of 5 eXlstmg emergency shelters for the homeless, (2) to help make available additional emergency shelters, (3) to help meet the costs of operating emergency shelters and of providing certain essential social services to homeless individuals, so that these persons have access not only to safe and sanitary shelter, but also to the supportive services and other kinds of assistance they need to improve their situations; and (4) to restrict the increase ofhomelessness through the funding of preventive programs and activities. 9. MATCHING FUNDS The Subrecipient shall match the amount of the grant approved for this project. In calculating the amount of matching funds, there may be included the value of any donated material or building: the value of any lease on a building; any salary paid to staff in carrying out the emergency shelter programs; and the time and services contributed by volunteers to carry out the emergency shelter program, determined at the rate of $10.00 per hour. The Grantee shall determine the value of any donated material or building or any lease using any method reasonably calculated to establish a fair market value. Subrecipient will provide documentation to substantiate and identify the source of matching funds in an amount equal to the amount of the funds. Such matching funds shall not be used as a match to any other Federal grant and shall not be used as a match to a previous ESG grant received by Subrecipient. 10. PROGRAM INCOME Program income shall be returned to the Grantee unless Grantee authorize in writing that all or a specific portion thereof of such program income will be retained by Subrecipient. Program income is anticipated to be' approximately $0. 11. INDIRECT COSTS Indirect costs will only be paid if Subrecipient has an indirect cost allocation plan approved by the Department of Housing and Urban Development prior to the execution of this Contract. 12. TRAVEL Subrecipient shall obtain prior written approval from the Grantee for any travel outside the metropolitan area with funds provided under this Contract. All Federal Travel Regulations are applicable (41 CFR Part 301). 13. INDEMNIFICATION Subrecipient agrees to indemnify and hold harmless Grantee from any and all claims in any way related to or arising out of Subrecipierit's performance of its obligations hereunder and/or Subrecipient's failure to perform its obligations hereunder or related to or arising out of any damage or injury to property or persons, occurring or allegedly 6 occurring in connection with Subrecipient's performance or non-performance of its obligations hereunder. No payment, however, fmal or otherwise, shall operate to release the Subrecipient from any obligations under this Contract. 14. INSURANCE & BONDING Subrecipient shall carry sufficient insurance coverage to protect contract assets from loss due to theft, fraud and/or undue physical damage, and as a minimum shall purchase a blanket fidelity bond covering all employees in an amount equal to cash advances from the Grantee. All policies providing insurance coverage required to be maintained by Subrecipient hereunder shall list Grantee, Augusta Richmond County Commission and its Mayor, and their officers, agents, members, employees and successors as named insured as their interests may appear, and shall be issued by an insurance carrier or carriers licensed to do business in the State of Georgia and reasonably acceptable to Grantee. All such policies shall provide that no act or omission of Grantee or its agents, servants, or employees shall in any way invalidate any insurance coverage for the other named insured. No insurance policy providing any insurance coverage required to be provided by Subrecipient hereunder shall be cancelable without at least 15 days advance written notice to Grantee. All insurance policies required hereunder, or copies thereof, shall be provided to Grantee by Subrecipient. 15. GRANTOR RECOGNITION Subrecipient shall insure recognition of the role of the grantor agency in providing services through this contract. All activities, facilities and items utilized pursuant to this contract shall be prominently labeled as to funding source. In addition, the Subrecipient will include a reference to the support provided here in all publications made possible with funds made available under this contract. 16. OPEN MEETINGS LAW COMPLIANCE Subrecipient is subject to the Georgia Open Meetings Law if it receives more that 33 1/3% of its funds from taxpayer sources. Accordingly, the Subrecipient will take the following compliance measures: it will notify the Augusta Chronicle and the Augusta Focus or the Metro Courier of its regular board meetings' schedule and of any special called meetings except emergency meetings; it will post notices of its meetings in a public place at the meeting sites and it will keep a written agenda, minutes, attendance, and voting record for each meeting and make the same available for inspections by the press, the public and the Grantee. The press, public and the Grantee shall not be denied admittance to the Subrecipient's board meetings. Subrecipient shall provide to the Grantee a tentative annual schedule of the Board of Directors' meetings. Publications and minutes of each meeting shall be maintained. 7 17. ASSIGNMENT Without the prior written consent of the Grantee, this Contract is not assignable by the Subrecipient, either in whole or in part. 18. ENTIRE CONTRACT; ALTERATION This Contract is the entire contract between the parties hereto. No alteration or variation in the terms of this Contract shall be valid unless made in writing and signed by the parties hereto. Only one amendment to said contract shall be allowed during the program year. 19. GENERAL TERMS AND CONDITIONS A. REPORTS The Subrecipient agrees to submit to Grantee program progress reports and any other reports that may be specified in Appendix D. B. CLIENT DATA Subrecipient agrees to maintain client data and documentation demonstrating client's eligibility for services. Such data shall include, but not be limited to, client's name, address, income level, racial, ethnic, gender, head of household, household income, household size, homeless status, or other basis for determining eligibility, and description of services provided. In addition, individual client files are to be maintained to include individual client plans, documentation of services provided and the tracking or follow-up of clients completing the program. C. RECORDS TO BE MAlNT AINED Subrecipient shall maintain all records required by the federal regulations specified in 24 CFR Part 576 that are pertinent to the activities to be funded under this Contract. Such records shall include but not be limited to: (1) Records required to determine the eligibility of activities provided to each homeless person; (2) Records documenting compliance with the fair housing and equal opportunity components of the ESG Program, and (3) Financial records as required by OMB Circular A-B3. Subrecipient agrees to keep all necessary books and records, including property, personnel and financial records in connection with the operations and services 8 performed under this Contract, and shall document all transactions so that all expenditures may be properly audited. If the Subrecipient receives $300,000 or more in combined federal assistance, it agrees to obtain an audit conducted in accordance with OMB Circular A-l33. However, if an audit is not required, the Subrecipient agrees to provide quarterly financial reports to the Grantee. If Subrecipient does not prepare financial statements on a monthly or quarterly basis, a detailed list of cash receipts and disbursements should be submitted to Grantee quarterly. D. ACCESS TO RECORDS The Subrecipient agrees that the Grantee or any authorized representative has access to and the right to examine all records, books, papers, or documents related to the project. E. RETENTION The Subrecipient hereby severally warrants that all project records, books, papers, and documents will be retained for a period of not less that four (4) years after the termination of all activities funded under this contract, or after the resolution of all Federal audit findings, whichever occurs later and grants the Grantee the option of retention of the project records, books, papers, and docum~nts. The retention period shall start from the date of submission of the Grantee's annual performance report, as prescribed in 24 CFR 576.85, in which the specific activity is reported on for the final time rather than from the date of submission of the final expenditure report for the award. F. PERMITS The Subrecipient agrees to obtain all necessary permits for intended improvements or activities. G. AFFIRMATIVE ACTION The Subrecipient, if its program involves housing, agrees to affirmatively further fair housing. H. CONFLICT OF INTEREST The Subrecipient hereby severally warrants that it will establish and adopt safeguards to prohibit members, officers, and employees from using positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. Further, no member, officer, or employee of Subrecipient who exercises any functions or responsibility with respect to the program during his or her tenure or for one year thereafter, shall have any 9 financial interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, either for themselves or those with whom they have family or business ties, for work to be performed in connection with the program assisted under this Contract. 1. AUTHORIZATION TO EXECUTE CONTRACT The undersigned person signing as an officer on behalf of the Subrecipient, a party to this Contract, hereby severally warrants and represents that said person has authority to enter into this Contract on behalf of said Subrecipient and to bind the same to this Contract, and further that said Subrecipient has authority to enter into this Contract and that there are no restrictions or prohibitions contained in any article of incorporation or bylaws against entering into this Contract. J. INDEPENDENT CONTRACTOR Nothing contained in this Contract is intended to or shall be construed in any manner to create or establish an employer-employee relationship between the parties, nor shall any employee of the Subrecipient by virtue of this Contract be an employee of the Grantee for any purpose whatsoever, nor shall any employee of the Subrecipient be entitled to any of the rights, privileges, or benefits of Grantee employees. The Subrecipient shall be deemed at all times an independent contractor and shall be wholly responsible for time, means and manner for performance of the services required of it by the terms of this Contract. The Subrecipient assumes exclusively the responsibility for the acts of its employees as they relate to the services provided during the course and scope of their employment. K. PROCUREMENT When procuring property, goods and services under $100,000, the Subrecipient shall follow Augusta-Richmond County's procurement procedures which reflects applicable state and local laws and regulations. For purchases of $100,000 or more, federal laws, regulations and standards shall apply. 1. EQUIPMENT AND PERSONAL PROPERTY (1) Use. Equipment and personal property shall be used by the Subrecipient in the program or project for which it was acquired as long as need, whether or not the project or program continues to be supported by Federal funds. (2) Disposition. When no longer needed for the original program project, disposition of any equipment or personal property of any kind shall be determined and approved by the Grantee consistent with provisions of Circular A-II 0, except 10 (a) In all cases in which personal property is sold, the proceeds shall be program income, and (b) Personal property not needed by the Subrecipient for ESG activities shall be transferred to the Grantee for the ESG Program or shall be retained after submitting compensation to the Grantee for the ESG Program, and ( c) Compensation for items of equipment or personal property retained or sold shall be an amount calculated by multiplying the current market value or proceeds from sale by the percentage of ESG funds provided on the original costs of equipment or personal property. (3) Management and Requirements. Procedures for managmg equipment (including replacement equipment) and personal property, whether acquired in whole or in part with grant funds, until disposition takes place shall, as a minimum, meet the following requirements: (a) Written notification must be given to the Housing and Neighborhood Development (HND) Department within seven (7) calendar days after delivery to the Subrecipient of equipment or personal property in order for HND to effect identification and recording for inventory purposes. Property records must be maintained that include a description of the property, a serial number or other identification number, the source of property, who holds title, the acquisition date and cost of the property, percentage of ESG funds in the cost of the property, the location, use and condition of the property, and any ultimate disposition data including the date of disposal and sale price of the property. (b) A physical inventory of the property must be taken and the results reconciled with the property records at least once a year. (c) A control system must be developed to ensure adequate safeguards to prevent loss, damage or theft of the property. Any loss, damage or theft shall be investigated by the Subrecipient and reported to the Grantee. (d) Adequate maintenance procedures must be developed to keep the property in good condition. l1 (e) If Subrecipient is authorized or required to sell the property, proper sales procedures must be established to ensure the highest possible return. 20. OTHER PROVISIONS Subrecipient agree to comply with the following requirements imposed by HUD on the use of program funds: A. The requirements of the Fair Housing Act (42 U.S.C. 3601-20) and implementing regulations at 24 CFR Part 100, as the same may be amended from time to time; Executive Order 11063 and implementing regulations at 24 CFR Part 107, as may be amended; and Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2002d-4) and implementing regulations issued at 24 CFR Part 1, as the same may be amended; B. The prohibitions against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C. 6101-07) and implementing regulations at 24 CFR Part 146, as the same may be amended, and the prohibitions against discrimination against otherwise qualified individuals with handicaps under Section 504 of the Rehabilitation Act of 1973 (29 V.S.C. 794), implementing regulations at 24 CFR Part 8 (for the purposes of this Program, the term "dwelling units" shall include sleeping accommodations), as the same may be amended, and the Americans with Disabilities Act of 1990 (public Law 101-336) and implementing regulations, as the same may be amended; C. The requirements of Executive Order 11246 and the regulations issued under the Order at 41 CFR Chapter 60, as the same may be amended; D. The requirements of Section 3 of the Housing and Urban Development Act of 1968, 12 V.S.C. 1701(u), and implementing regulations at 24 CFR Part 135, as the same may be amended, and the requirements of the Employment and Contracting Opportunities provisions set forth in 24 CFR Part 576, as the same may be amended; E. The requirements of Executive Orders 11625, 12432 and 12138 which require that an effort be made to encourage the use of minority and women's business enterprises in connection with the project for which program funds have been awarded; F. The requirement that the project for which program funds have been awarded hereunder make known that use of the facility and services is available to all on a nondiscriminatory basis; regardless of race, color, religion, sex, age, national origin, handicap or disability; 12 G. The requirements of Executive Order 12372 and the implementing regulations at 24 CFR Part 52, as the same may be amended, (relating to intergovernmental review) to the extent provided by the Federal Register Notice in accordance with 24 CFR 52.3; H. The applicable requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601-4655), as the same may be amended, and the implementing regulations in 49 CFR Part 24, as the same may be amended, and the Relocation and Acquisition provisions set forth in 24 CFR 576.80, as the same may be amended; 1. The requirements of the Drug Free Workplace Act of 1988 and the implementing regulations in 24 CFR 24, subpart F, as the same may be amended; J. The requirements of the Conflict of Interest provisions set forth in 24 CFR 576.79(d), as the same may be amended, and the Use of Debarred, Suspended or Ineligible Contractors provisions set forth in 24 CFR 576.79(e), as the same may be amended; K. The Environmental Review provisions set forth in 24 CFR Part 576, as the same may be amended, and the Flood Insurance provisions set forth in 24 CFR 576.79(t), as the same may be amended; 1. The applicable requirements of the Lead Based Paint Poisoning Prevention Act (42 D.S.C. 4821-4846), and the implementing regulations in 24 CFR Part 35, and the Lead Based Paint provisions set forth in 24 CFR Part 576, as the same may be amended; M. The applicable requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in CFR, Part 800, Advisory Council of Historic Preservation Procedures for Protection of Historic properties, insofar as they apply to the performance of this contract. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fIfty years old or older or that are included on a Federal, State or local historic property list. In addition to, and not in substitution for other provisions of this Contract regarding the use of program funds, if the Subrecipient is deemed to be a religious or denominational institution or organization, or an organization operated for religious purposes which is supervised or controlled by a religious or denominational institution or organization, Subrecipient agrees that, in connection with the use of the program funds: (1) it will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion; (2) it will not discriminate against any persons applying for housing, shelter, 13 services or any eligible activity under the program on the basis of religion and will not limit such housing or other eligible activities or give preference to persons on the basis of religion; and (3) it will provide no religious instruction or counseling, conduct no . religious worship or services, engage in no religious proselytizing, and exert no other religious influence in the provision of housing, shelter, services, or other eligible activity under the program. 21. MISCELLANEOUS A. This Contract shall be governed by and construed according to the laws of the State of Georgia. B. Time shall be of the essence to this Contract, except where it is herein specifically provided to the contrary. IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first written above. ATTEST: AUGUSTA GEORGIA (Grantee) SEAL cry: 4E~ Clerk of Commission SEAL ATTEST: 0f~(~~ As its Corporate Secre~ k J . 2 .~, '7 I / ,. , , ".. e,~",...tet~.l.\ ,/, t}-dA.P,'JJ!.L~ , (Plain Witness) 14 APPENDIX A Proiect Area Coordinated Health Services, Inc. is located at 1384 Greene Street, Augusta, Georgia 30901. APPENDIX B Goals. Objectives. and Tasks The goal of this project is to provide homeless people and those at high-risk for homelessness with an accessible and caring source of health care, thereby removing, or at least modifying, poor health as an obstacle to their achieving self-sufficiency. The following objectives are established to be accomplished over the following year: 1) to provide basic primary care at the health center that is readily accessible and at no cost (1850 visits); 2) to provide outreach services for those whose health care needs are best met away from the health center location (120 visits); 3) to provide basic primary health care services to participants at The Master's Table soup kitchen (220 visits); 4) to provide a comprehensive level of care, as needed, by actively coordinating services with other health and social service agencies in the community (70 visits); and 5) to provide vision services for approximately 80 people and emergency dental services for approximately 45 people. APPENDIX C Budl!et Essential Services Administrative Medical/Psvchological/Substance Abuse Treatment TOTAL $4,400.00 $5.600.00 $10,000.00 APPENDIX D Reportinl! Requirements The Subrecipient shall submit to the Grantee the following reports for the term of this contract. 1. Quarterly Progress Reports Due April 15, July 15, October 15 and January 15. 15 2. Annual Report - Due January 30 3. Audit Report (Due 30 days after completion of audit). ATTACHMENTS #1 Re2:ulations. Circulars & Local Procurement Policy 1. Emergency Shelter Grant Program regulations 24 CFR 576. 2. OMB Circular A-122 "Cost Principles for Non-Profit Organizations," 3. OMB Circular A-110 "Grants and Contracts with Institutions of Higher Education, Hospitals & Other Non- Profit Organizations" 4. OMB Circular A-133, "Audits of Institutions of Higher Education and Other Non- Profit Institutions" 5. Augusta-Richmond County Procurement Policy ATTACHMENTS #2 Forms 1. Homeless Verification 2. Verification of Income 3. Reimbursement Request 4. Quarterly Report 5. Annual Report 6. Time Sheet 7. Travel Log 8. Inventory 16 CONTRACT BETWEEN AUGUSTA, GEORGIA 0 RIG I N A L AND BEUL,AH GROVE COMMUNITY RESOURCE CENTER, INC. FOR YEAR 2003 EMERGENCY SHELTER GRANT PROGRAM THIS AGREEMENT, made and entered into on this ~ day of January ~ 2003, by and between AUGUSTA, GEORGIA, by and through the Augusta-Richmond County Commission, as the Implementor of the Emergency Shelter Grant Program (hereinafter referred to as "Grantee"), and Beulah Grove Community Resource Center. Inc.. (hereinafter referred to as the "Subrecipient"). WHEREAS, the Grantee receives funds under the Emergency Shelter Grants (ESG) Program of the United States Department of Housing and Urban Development (BUD), as authorized by the Stewart B. McKinney Homeless Assistance Act of 1987 (Public Law 100-77), the Stewart B. McKinney Homeless Assistance Amendments Act of 1988 (public Law 100-628), the Cranston-Gonzalez National Affordable Housing Act of 1990 (public Law 101-625) and HUD's ESG regulations in 24 CFR Part 576, as amended; and WHEREAS, the purpose of the ESG Program is to help improve the quality of existing emergency shelters for the homeless, to help make available additional emergency shelters, to help meet the cost of operating emergency shelters and of providing certain essential social services to homeless families and individuals, so that these persons have access not only to safe and sanitary shelter, but also to the supportive services and other kinds of assistance they need to attain self-sufficiency. The program is also intended to restrict the increase of homelessness through the funding of preventive programs and activities; and WHEREAS, the City, as an Entitlement Grantee for the ESG Program is responsible for the administration, implementation, planning and evaluation within its respective jurisdiction of the ESG Program and for the HUD Consolidated Plan; and WHEREAS, the services which are funded by the ESG Program must benefit homeless individuals and families within the respective jurisdiction of the City, and in accordance with the income eligibility criteria found in the HUD Section 8 Guidelines. WHEREAS, pursuant to such Grant, the Grantee is undertaking certain programs and services necessary for the planning, implementation and execution of such a Emergency Shelter Grant Program; and WHEREAS, the Grantee desires to engage the Subrecipient to render certain services, programs, or assistance in connection with such undertakings of the Emergency Shelter Grant Program, situated in the Project Area described in Appendix A. NOW, THEREFORE, the parties hereto do mutually agree as follows: 1. SCOPE OF SERVICE The Subrecipient shall perform all the necessary services provided under this Contract in accordance with and respecting the following project: Beulah Grove Community Resource Center, Inc. Operation Self-Help will provide case management services, life skills training, transportation services, food aid, rent/clothes, substance abuse services, emergency financial assistance and health education. The Subrecipient shall do, perform, and carry out, in a satisfactory manner, as determined by the Grantee, the goals, objectives, and tasks set forth in Appendix B, and incorporated herein by reference. · 2. TERMS; TERMINATION A. The services of the Subrecipient are to commence on Januanv I. 2003 , and shall be undertaken and completed in such sequence as to assure their expeditious completion in the light of the purposes of this Contract unless so otherwise specified in the Contract Section 19 (General Terms and Conditions). This Contract shall remain in effect until December 31. 2003 , or until this Contract is otherwise terminated. B. The parties agree that the Grantee may terminate this Contract or any work or delivery required hereunder, from time to time, either in whole or in part, whenever the Commission, on recommendation from the Director of the Housing and Neighborhood Development Department (HND), shall determine that such termination is in the Grantee's best interest. Termination, in whole of in part, shall be effected by delivery of a Notice of Termination signed by the Mayor, mailed or delivered to Subrecipient, and specifically setting forth the effective date of termination. C. Either party may terminate this Contract, without further obligation, for the default of the other party or its agents or employees with respect to any contract or provision contained herein upon 15 days written notice to the other party. All reports or accountings provided for herein shall be rendered whether or not falling due within the contract period. D. Further, the Grantee reserves the right to terminate this Contract upon written notification to the Subrecipient under any of the following conditions: :2 (1) Notification by HUD to the Grantee that said project is ineligible because of project location, services provided, or any other reason cited by HUD; (2) Notification by HUD to the Grantee that said project is deficient and that continued support of the project is not providing an adequate level of services to low income homeless people; or (3) Written notification from BUD to the Grantee that the program funds made available to the Grantee are being curtailed, withdrawn, or otherwise restricted. E. The Grantee also reserves the right to terminate this Contract or to reduce the Contract compensation amount if the Subrecipient: (1) Fails to file required reports or to meet project progress or completion deadlines; (2) Materially fails to comply with any provision of this Contract which may result in suspension or termination in accordance with ONfB Circular A-I 10. (3) Expends funds under this Contract for ineligible activities, services, or items; (4) Implements the project prior to notification from the Grantee that the federal environmental review process has been completed; (5) . Violates Labor Standards requirements; or (6) Fails to comply with written notice from the Grantee of substandard performance under the terms of this Contract. 3. KEY PERSONNEL A. Subrecipient shall assign to this Contract the following key personnel: (1) Dr. Sam Davis, President (2) La Verne Proctor-Streeter, Executive Director B. During the period of performance, Subrecipient shall make no substitutes of key personnel unless the substitution is necessitated by illness, death, or termination of employment. Subrecipient shall notify the Grantee Director of HND within five (5) calendar days after the occurrence of any of these events and provide the following information, providing a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Grantee's Director of HND. Proposed substitutes should have comparable qualifications to those of the persons being replace. The Grantee's Director of HND will notify the Subrecipient within fifteen (15) calendar days after receipt of all required information of the decision on substitutions. This clause will be modified to reflect any approved changes of key personnel. 3 4. PERFORMANCE MONITORING The Grantee will monitor the performance of the Subrecipient against goals and performance standards required herein. Substandard performance as determined by the Grantee will constitute non-compliance with this contract. If actions to correct such substandard performance are not taken by the Subrecipient within 30 days following on- site monitoring by the Grantee, contract termination procedures will be initiated. 5. INSPECTION AND ACCEPTANCE All tasks and reports shall be conducted and completed in accordance with recognized and customarily accepted industry practices, and shall be considered complete when services are approved as acceptable by the Grantee in writing. In the event of rejection of any tasks, reports, etc., Subrecipient shall be notified in writing and shall have ten (10) working days from date of issuance of notification to correct the deficiencies and re- submit acceptable work within said ten-day period. Failure to submit acceptable work within said ten-day period shall constitute a breach of this contract for which the Subrecipient may be held in default. 6. SEVERABILITY If any term or condition of this Contract is found by a court of competent jurisdiction to be void or invalid, such invalidity shall not affect the remaining terms and conditions of this Contract, which shall continue in full force and effect. 7. COMPENSATION The Subrecipient shall be paid a total consideration of $11.722.00 for full performance of the services specified under this Contract. Any cost above this amount shall be the sole responsibility of the Subrecipient. Subrecipient shall submit monthly requests for payment to the Housing and Neighborhood Development (HND) Department. Compensation shall be allowed on a reimbursement basis, only after expenditures have been incurred by the Subrecipient and proper supporting documentation has been submitted in conformity with the approved and executed budget documentation which is attached to this Contract as Appendix C, incorporated herein by reference. In every case, payment will be made subject to receipt of a reimbursement request for payment from the Subrecipient specifying and certifying that such expenses have been incurred and expended in conformance with this Contract and that the Subrecipient is entitled to receive the amount requested under the terms of this Contract. Client's eligibility data shall be included with said reimbursement request. Payments will be made on a monthly basis only with a 30-day turnaround period by Grantee. Requests for payments must be received by Grantee not later than the 15th day of each calendar month for work performed during the preceding calendar month. The Subrecipient shall not claim reimbursement from the Grantee for that portion of its obligations which has been paid by another source of revenue. 4 The Subrecipient shall notify the Grantee in writing of all authorized personnel who shall be empowered to file requests for payment pursuant to this Contract. Any unused funds remaining at the expiration of this contract shall revert to Grantee. 8. USE OF FUNDS Use of funds received pursuant to this Contract shall be in accordance with the requirements of the Emergency Shelter Grants Program: Stewart B. McKinney Homeless Assistance Act 24 CFR Part 576 and other regulations governing Emergency Shelter Grant Program, and any amendments or policy revisions thereto which shall become effective during the term of this Contract including OMB Circular A-I22, "Cost Principles for Non-Profit Organizations, OMB Circular A-II 0 "Uniform Administrative Requirements for Grants and Contracts With Institutions of Higher Education, Hospitals and Other Non-Profit Organizations and OMB Circular A-133, "Audits of Institutions of Higher Education and Other Non-Profit Institutions." A copy of said regulations and circulars are incorporated by reference. Further, any funded activity must be designed or so located as to principally benefit lower income homeless individuals and families. "Homelessness" is defined as a person who is living on the street or in an emergency shelter, or who would be living on the street or in an emergency shelter without BUD's homelessness assistance. A person is considered homeless only when the person resides in one of the following places: · In places not meant for human habitation, such as cars, parks, sidewalks, abandoned buildings, on the street; · In an emergency shelter; · In transitional or supportive housing for homeless persons who originally came from the streets or emergency shelters; · In any of the above places but is spending a short time (up to 30 consecutive days) in a hospital or other institution; · Is being evicted within a week from a private dwelling unit and no subsequent residence has been identified and the person lacks the resources and support networks needed to obtain housing or their housing has been condemned by housing officials and is no longer considered meant for human habitation; · Is being discharged within a week from an institution in which the person has been a resident for more than 30 consecutive days and no subsequent residence has been identified and the person lacks the resources and support networks needed to obtain housing; or · Is fleeing a domestic violence housing situation and no subsequent residence has been identified and the person lacks the resources and support networks needed to obtain housing. The Subrecipient agrees to maintain documentation that demonstrates that the activities carried out with funds provided under this Contract meet one or more of the ESG Program's purposes as defined in 24 CFR 576.1: (1) to help improve the quality of 5 existing emergency shelters for the homeless, (2) to help make available additional emergency shelters, (3) to help meet the costs of operating emergency shelters and of providing certain essential social services to homeless individuals, so that these persons have access not only to safe and sanitary shelter, but also to the supportive services and other kinds of assistance they need to improve their situations; and (4) to restrict the increase of homelessness through the funding of preventive programs and activities. 9. MATCHING FUNDS The Subrecipient shall match the amount of the grant approved for this project. In calculating the amount of matching funds, there may be included the value of any donated material or building: the value of any lease on a building; any salary paid to staff in carrying out the emergency shelter programs; and the time and services contributed by volunteers to carry out the emergency shelter program, determined at the rate of $10.00 per hour. The Grantee shall determine the value of any donated material or building or any lease using any method reasonably calculated to establish a fair market value. . Subrecipient will provide documentation to substantiate and identify the source of matching funds in an amount equal to the amount of the funds. Such matching funds shall not be used as a match to any other Federal grant and shall not be used as a match to a previous ESG grant received by Subrecipient. 10. PROGRAM INCOME Program income shall be returned to the Grantee unless Grantee authorize in writing that all or a specific portion thereof of such program income will be retained by Subrecipient. Program income is anticipated to be approximately $0. 11. INDIRECT COSTS Indirect costs will only be paid if Subrecipient has an indirect cost allocation plan approved by the Department of Housing and Urban Development prior to the execution of this Contract. 12. TRAVEL Subrecipient shall obtain prior written approval from the Grantee for any travel outside the metropolitan area with funds provided under this Contract. All Federal Travel Regulations are applicable (41 CFR Part 301). 13. INDEMNIFICATION Subrecipient agrees to indemnify and hold harmless Grantee from any and all claims in any way related to or arising out of Subrecipient's performance of its obligations hereunder and/or Subrecipient's failure to perform its obligations hereunder or related to or arising out of any damage or injury to property or persons, occurring or allegedly 6 occurring in connection with Subrecipient's performance or non-performance of its obligations hereunder. No payment, however, final or otherwise, shall operate to release the Subrecipient from any obligations under this Contract. 14. INSURANCE & BONDING Subrecipient shall carry sufficient insurance coverage to protect contract assets from loss due to theft, fraud and/or undue physical damage, and as a minimum shall purchase a blanket fidelity bond covering all employees in an amount equal to cash advances from the Grantee. All policies providing insurance coverage required to be maintained by Subrecipient hereunder shall list Grantee, Augusta Richmond County Commission and its Mayor, and their officers, agents, members, employees and successors as named insured as their interests may appear, and shall be issued by an insurance carrier or carriers licensed to do business in the State of Georgia and reasonably acceptable to Grantee. All such policies shall provide that no act or omission of Grantee or its agents, servants, or employees shall in any way invalidate any insurance coverage for the other named insured. No insurance policy providing any insurance coverage required to be provided by Subrecipient hereunder shall be cancelable without at least 15 days advance written notice to Grantee. All insurance policies required hereunder, or copies thereof, shall be provided to Grantee by Subrecipient. 15. GRANTOR RECOGNITION Subrecipient shall insure recognition of the role of the grantor agency in providing services through this contract. All activities, facilities and items utilized pursuant to this contract shall be prominently labeled as to funding source. In addition, the Subrecipient will include a reference to the support provided here in all publications made possible with funds made available under this contract. 16. OPEN MEETINGS LAW COMPLIANCE Subrecipient is subject to the Georgia Open Meetings Law if it receives more that 33 1/3% of its funds from taxpayer sources. Accordingly, the Subrecipient will take the following compliance measures: it will notify the Augusta Chronicle and the Augusta Focus or the Metro Courier of its regular board meetings' schedule and of any special called meetings except emergency meetings; it will post notices of its meetings in a public place at the meeting sites and it will keep a written agenda, minutes, attendance, and voting record for each meeting and make the same available for inspections by the press, the public and the Grantee. The press, public and the Grantee shall not be denied admittance to the Subrecipient's board meetings. Subrecipient shall provide to the Grantee a tentative annual schedule of the Board of Directors' meetings. Publications and minutes of each meeting shall be maintained. 7 17. ASSIGNMENT Without the prior written consent of the Grantee, this Contract is not assignable by the Subrecipient, either in whole or in part. 18. ENTIRE CONTRACT; ALTERATION This Contract is the entire contract between the parties hereto. No alteration or variation in the terms of this Contract shall be valid unless made in writing and signed by the parties hereto. Only one amendment to said contract shall be allowed during the program year. 19. GENERAL TERMS AND CONDITIONS A. REPORTS The Subrecipient agrees to submit to Grantee program progress reports and any other reports that may be specified in Appendix D. B. CLIENT DATA Subrecipient agrees to maintain client data and documentation demonstrating client's eligibility for services. Such data shall include, but not be limited to, client's name, address, income level, racial, ethnic, gender, head of household, -household income, household size, homeless status, or other basis for determining eligibility, and description of services provided. In addition, individual client files are to be maintained to include individual client plans, documentation of services provided and the tracking or follow-up of clients completing the program. C. RECORDS TO BE NlAINT AINED Subrecipient shall maintain all records required by the federal regulations specified in 24 CFR Part 576 that are pertinent to the activities to be funded under this Contract. Such records shall include but not be limited to: (1) Records required to determine the eligibility of activities provided to each homeless person; (2) Records documenting compliance with the fair housing and equal opportunity components of the ESG Program, and (3) Financial records as required by OMB Circular A-133. Subrecipient agrees to keep all necessary books and records, including property, personnel and financial records in connection with the operations and services 8 performed under this Contract, and shall document all transactions so that all expenditures may be properly audited. If the Subrecipient receives $300,000 or more in combined federal assistance, it agrees to obtain an audit conducted in accordance with OMB Circular A-l33. However, if an audit is not required, the Subrecipient agrees to provide quarterly fmancial reports to the Grantee. If Subrecipient does not prepare financial statements on a monthly or quarterly basis, a detailed list of cash receipts and disbursements should be submitted to Grantee quarterly. D. ACCESS TO RECORDS The Subrecipient agrees that the Grantee or any authorized representative has access to and the right to examine all records, books, papers, or documents related to the project. E. RETENTION The Subrecipient hereby severally warrants that all project records, books, papers, and documents will be retained for a period of not less that four (4) years after the termination of all activities funded under this contract, or after the resolution of all Federal audit findings, whichever occurs later and grants the Grantee the option of retention of the project records, books, papers, and documents. The retention period shall start from the date of submission of the Grantee's annual performance report, as prescribed in 24 CFR 576.85, in which the specific activity is reported on for the final time rather than from the date of submission of the final expenditure report for the award. F. PERMITS The Subrecipient agrees to obtain all necessary permits for intended improvements or activities. G. AFFIRMATIVE ACTION The Subrecipient, if its program involves housing, agrees to affirmatively further fair housing. H. CONFLICT OF INTEREST The Subrecipient hereby severally warrants that it Will establish and adopt safeguards to prohibit members, officers, and employees from using positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. Further, no member, officer, or employee of Subrecipient who exercises any functions or responsibility with respect to the program during his or her tenure or for one year thereafter, shall have any 9 fInancial interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, either for themselves or those with whom they have family or business ties, for work to be performed in connection with the program assisted under this Contract. 1. AUTHORIZATION TO EXECUTE CONTRACT The undersigned person signing as an officer on behalf of the Subrecipient, a party to this Contract, hereby severally warrants and represents that said person has authority to enter into this Contract on behalf of said Subrecipient and to bind the same to this Contract, and further that said Subrecipient has authority to enter into this Contract and that there are no restrictions or prohibitions contained in any article of incorporation or bylaws against entering into this Contract. J. lliDEPENDENTCONTRACTOR Nothing contained in this Contract is intended to or shall be construed in any manner to create or establish an employer-employee relationship between the parties, nor shall any employee of the Subrecipient by virtue of this Contract be an employee of the Grantee for any purpose whatsoever, nor shall any employee of the Subrecipient be entitled to any of the rights, privileges, or benefits of Grantee employees. The Subrecipient shall be deemed at all times an independent contractor and shall be wholly responsible for time, means and manner for performance of the services required of it by the terms of this Contract. The Subrecipient assumes exclusively the responsibility for the acts of its employees as they relate to the services provided during the course and scope of their employment. K. PROCUREMENT When procuring property, goods and services under $100,000, the Subrecipient shall follow Augusta-Richmond County's procurement procedures which reflects applicable state and local laws and regulations. For purchases of $100,000 or more, federal laws, regulations and standards shall apply. 1. EQUIPMENT AND PERSONAL PROPERTY (1) Use. Equipment and personal property shall be used by the Subrecipient in the program or project for which it was acquired as long as need, whether or not the project or program continues to be supported by Federal funds. (2) Disposition. When no longer needed for the original program project, disposition of any equipment or personal property of any kind shall be determined and approved by the Grantee consistent with provisions of Circular A-II 0, except 10 (a) In all cases in which personal property is sold, the proceeds shall be program income, and (b) Personal property not needed by the Subrecipient for ESG activities shall be transferred to the Grantee for the ESG Program or shall be retained after submitting compensation to the Grantee for the ESG Program, and (c) Compensation for items of equipment or personal property retained 'or sold shall be an amount calculated by multiplying the current market value or proceeds from sale by the percentage of ESG funds provided on the original costs of equipment or personal property. (3) Management and Requirements. Procedures for managmg equipment (including replacement equipment) and personal property, whether acquired in whole or in part with grant funds, until disposition takes place shall, as a minimum, meet the following requirements: (a) Written notification must be given to the Housing and Neighborhood Development (HND) Department within seven (7) calendar days after delivery to the Subrecipient of equipment or personal property in order for HND to effect identification and recording for inventory purposes. Property records must be maintained that include a description of the property, a serial number or other identification number, the source of property, who holds title, the acquisition date and cost of the property, percentage of ESG funds in the cost of the property, the location, use and condition of the property, and any ultimate disposition data including the date of disposal and sale price of the property. (b) A physical inventory of the property must be taken and the results reconciled with the property records at least once a year. (c) A control system must be developed to ensure adequate safeguards to prevent loss, damage or theft of the property. Any loss, damage or theft shall be investigated by the Subrecipient and reported to the Grantee. (d) Adequate maintenance procedures must be developed to keep the property in good condition. 11 (e) If Subrecipient is authorized or required to sell the property, proper sales procedures must be established to ensure the highest possible return. 20. OTHER PROVISIONS Subrecipient agree to comply with the following requirements imposed by HUD on the use of program funds: A. The requirements of the Fair Housing Act (42 US.C. 3601-20) and implementing regulations at 24 CFR Part 100, as the same may be amended from time to time; Executive Order 11063 and implementing regulations at 24 CFR Part 107, as may be amended; and Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2002d-4) and implementing regulations issued at 24 CFR Part 1, as the same may be amended; B. The prohibitions against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 US.C. 6101-07) and implementing regulations at 24 CFR Part 146, as the same may be amended, and the prohibitions against discrimination against otherwise qualified individuals with handicaps under Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), implementing regulations at 24 CFR Part 8 (for the purposes of this Program, the term "dwelling units" shall include sleeping accommodations), as the same may be amended, and the Americans with Disabilities Act of 1990 (public Law 101-336) and implementing regulations, as the same may be amended; C. The requirements of Executive Order 11246 and the regulations issued under the Order at 41 CFR Chapter 60, as the same may be amended; D. The requirements of Section 3 of the Housing and Urban Development Act of 1968, 12 US.C. 1701(u), and implementing regulations at 24 CFR Part 135, as the same may be amended, and the requirements of the Employment and Contracting Opportunities provisions set forth in 24 CFR Part 576, as the same may be amended; E. The requirements of Executive Orders 11625, 12432 and 12138 which require that an effort be made to encourage the use of minority and women's business enterprises in connection with the project for which program funds have been awarded; F. The requirement that the project for which program funds have been awarded hereunder make known that use of the facility and services is available to all on a nondiscriminatory basis; regardless of race, color, religion, sex, age, national origin, handicap or disability; 12 G. The requirements of Executive Order 12372 and the implementing regulations at 24 CFR Part 52, as the same may be amended, (relating to intergovernmental review) to the extent provided by the Federal Register Notice in accordance with 24 CFR 52.3; H. The applicable requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601-4655), as the same may be amended, and the implementing regulations in 49 CFR Part 24, as the same may be amended, and the Relocation and Acquisition provisions set forth in 24 CFR 576.80, as the same may be amended; 1. The requirements of the Drug Free Workplace Act of 1988 and the implementing regulations in 24 CFR 24, subpart F, as the same may be amended; J. The requirements of the Conflict of Interest provisions set forth in 24 CFR 576.79(d), as the same may be amended, and the Use of Debarred, Suspended or Ineligible Contractors provisions set forth in 24 CFR 576.79(e), as the same may be amended; K. The Environmental Review provisions set forth in 24 CFR Part 576, as the same may be amended, and the Flood Insurance provisions set forth in 24 CFR 576.79(f), as the same may be amended; L. The applicable requirements of the Lead Based Paint Poisoning Prevention Act (42 U.S.C. 4821-4846), and the implementing regulations in 24 CFR Part 35, and the Lead Based Paint provisions set forth in 24 CFR Part 576, as the same may be amended; M. The applicable requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in CFR, Part 800, Advisory Council of Historic Preservation Procedures for Protection of Historic properties, insofar as they apply to the performance of this contract. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a Federal, State or local historic property list. In addition to, and not in substitution for other provisions of this Contract regarding the use of program funds, if the Subrecipient is deemed to be a religious or denominational institution or organization, or an organization operated for religious purposes which is supervised or controlled by a religious or denominational institution or organization, Subrecipient agrees that, in connection with the use of the program funds: (1) it will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion; (2) it will not discriminate against any persons applying for housing, shelter, 13 services or any eligible activity under the program on the basis of religion and will not limit such housing or other eligible activities or give preference to persons on the basis of religion; and (3) it will provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing, and exert no other religious influence in the provision of housing, shelter, services, or other eligible activity under the program. 21. MISCELLANEOUS A. This Contract shall be governed by and construed according to the laws of the State of Georgia. B. Time shall be of the essence to this Contract, except where it is herein specifically provided to the contrary. IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first written above. ATTEST: AUGUSTA. GEORGIA Grantee) SEAL qt.~Y ~~nJ Clerk of Commission ATTEST: Beulah Grove Community Resource Center. Inc. (Subrecipient) ,1 SE~/ ~4f .J2/1!t/lU'Lt~ As'its o~orat~ Secretary , I By: A~-~ / Sam Davis As its President --=~ 14 APPENDIX A Proiect Area Beulah Grove Community Resource Center, Inc. IS located at 1446 Linden Street, Augusta, Georgia 30901. APPENDIX B Goals. Objectives. and Tasks Beulah Grove Community Resource Center will prevent approximately 100 persons from being evicted from their homes by providing rental assistance and other essential services with follow-up or attempted follow-up on 100% of these individuals, prevent approximately 100 person from being hungry or in need of clothing, improve budget management, knowledge of disease and prevention for approximately 50% of persons receiving services. APPENDIX C Bud2:et Essential Services Food Transportation Assistance TOTAL 3,000.00 1.000.00 4,000.00 Homeless Prevention Rent Assistance Utilitv Assistance TOTAL 5,000.00 2.722.00 7,722.00 TOTAL $11,722.00 15 APPENDIX D Reporting ReQuirements The Subrecipient shall submit to the Grantee the following reports for the term of this contract. 1. Quarterly Progress Reports Due April 15, Ju1y 15, October 15 and January 15. 2. Annual Report - Due January 30 3. Audit Report ( Due 30 days after completion of audit). ATTACHMENTS #1 Re2:ulations. Circulars & Local Procurement Policy 1. Emergency Shelter Grant Program regulations 24 CFR 576. 2. OMB Circular A-122 "Cost Principles for Non-Profit Organizations," 3. OMB Circular A-l10 "Grants and Contracts with Institutions of Higher Education, Hospitals & Other N on- Profit Organizations" 4. OMB Circular A-B3, "Audits of Institutions of Higher Education and Other Non- Profit Institutions" 5. Augusta-Richmond County Procurement Policy ATTACHMENTS #2 Forms 1. Homeless Verification 2. Verification of Income 3. Reimbursement Request 4. Quarterly Report 5. Annual Report 6. Time Sheet 7. Travel Log 8. Inventory 16 .. CONTRACT BETWEEN AUGUSTA, GEORGIA AND THE SALVATION ARMY,fflCf{ A GEORGIA CORPORATION FOR YEAR 2003 EMERGENCY SHELTER GRANT PROGRAM THIS AGREEMENT, made and entered into on this 1sT day of January -'- 2003, by and between AUGUSTA, GEORGIA, by and through the Augusta-Richmond County Commission, as the Implementor of the Emergency Shelter Grant Program (hereinafter referred to as "Grantee"), and The Salvation Army. 'ff:/1t/. (hereinafter referred to as the "Subrecipient"). A Georgia Corporation WHEREAS, the Grantee receives funds under the Emergency. Shelter Grants (ESG) Program of the United States Department of Housing and Urban Development (BUD), as authorized by the Stewart B. McKinney Homeless Assistance Act of 1987 (Public Law 100-77), the Stewart B. McKinney Homeless Assistance Amendments Act of 1988 (Public Law 100-628), the Cranston-Gonzalez National Affordable Housing Act of 1990 (public Law 101-625) and HUD' s ESG regulations in 24 CFR Part 576, as amended; and WHEREAS, the purpose of the ESG Program is to help improve the quality of existing emergency shelters for the homeless, to help make available additional emergency shelters, to help meet the cost of operating emergency shelters and of providing certain essential social services to homeless families and individuals, so that these persons have access not only to safe and sanitary shelter, but also to the supportive services and other kinds of assistance they need to attain self-sufficiency. The program is also intended to restrict the increase of homelessness through the funding of preventive programs and activities; and WHEREAS, the City, as an Entitlement Grantee for the ESG Program is responsible for the administration, implementation, planning and evaluation within its respective jurisdiction of the ESG Program and for the HUD Consolidated Plan; and WHEREAS, the services which are funded by the ESG Program must benefit homeless individuals and families within the respective jurisdiction of the City, and in accordance with the income eligibility criteria found in the BUD Section 8 Guidelines. WHEREAS, pursuant to such Grant, the Grantee is undertaking certain programs and services necessary for the planning, implementation and execution of such a EmergencybShelter Grant Program; and WHEREAS, the Grantee desires to engage the Subrecipient to render certain services, programs, or assistance in connection with such undertakings of the Emergency Shelter Grant Program, situated in the Project Area described in Appendi.-x A. NOW, THEREFORE, the parties hereto do mutually agree as follows: 1. SCOPE OF SERVICE The Subrecipient shall perform all the necessary services provided under this Contract in accordance with and respecting the following project: Homeless Prevention Services Deposit, Rent & Utility Payment Assistance to provide housing deposit, rent and utilities payment assistance to homeless and at-risk clients. The Subrecipient shall do, perform, and carry out, in a satisfactory manner, as determined by the Grantee, the goals, objectives, and tasks set forth in Appendix B, and incorporated herein by reference. 2. TERMS; TERMINATION A. The services of the Subrecipient are to commence on January 1. 2003 , and shall be undertaken and completed in such sequence as to assure their expeditious completion in the light of the purposes of this Contract unless so otherwise specified in the Contract Section 19 (General Terms and Conditions). This Contract shall remain in effect until December 3 L 2003. or until this Contract is otherwise terminated. B. The parties agree that the Grantee may terminate this Contract or any work or delivery required hereunder, from time to time, either in whole or in part, whenever the Commission, on recommendation from the Director of the Housing and Neighborhood Development Department (HND), shall determine that such termination is in the Grantee's best interest. Termination, in whole of in part, shall be effected by delivery of a Notice of Termination signed by the Mayor, mailed or delivered to Subrecipient, and specifically setting forth the effective date of termination. C. Either party may terminate this Contract, without further obligation, for the default of the other party or its agents or employees with respect to any contract or provision contained herein upon 15 days written notice to the other party. All reports or accountings provided for herein shall be rendered whether or not falling due within the contract period. D. Further, the Grantee reserves the right to terminate this Contract upon written notification to the Subrecipient under any of the following conditions: 2 (1) Notification by HUD to the Grantee that said project is ineligible because of project location, services provided, or any other reason cited by HUD; (2) Notification by HUD to the Grantee that said project is deficient and that continued support of the project is not providing an adequate level of services to low income homeless people; or (3) Written notification from HOD to the Grantee that the program funds made available to the Grantee are being curtailed, withdrawn, or otherwise restricted. E. The Grantee also reserves the right to terminate this Contract or to reduce the Contract compensation amount if the Subrecipient: (1) Fails to file required reports or to meet project progress or completion deadlines; (2) Materially fails to comply with any provision of this Contract which may result in suspension or termination in accordance with OMB Circular A-110. (3) Expends funds under this Contract for ineligible activities, services, or items; (4) Implements the project prior to notification from the Grantee that the federal environmental review process has been completed; (5) Violates Labor Standards requirements; or (6) Fails to comply with written notice from the Grantee of substandard performance under the terms of this Contract. 3. KEY PERSONNEL A. Subrecipient shall assign to this Contract the following key personnel: (1) Major John M. Carter, Commanding Officer (2) Ericka Mitchell, Director of Development B. During the period of performance, Subrecipient shall make no substitutes of key personnel unless the substitution is necessitated by illness, death, or termination of employment. Subrecipient shall notify the Grantee Director of HND within five (5) calendar days after the occurrence of any of these events and provide the following information, providing a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Grantee's Director of HND. Proposed substitutes should have comparable qualifications to those of the persons being replace. The Grantee's Director of HND will notify the Subrecipient within fifteen (15) calendar days after receipt of all required information of the decision on substitutions. This clause will be modified to reflect any approved changes of key personnel. :3 RESOLUTION OF THE BOARD OF TRUSTEES OF THE SALVATION ARMY A Corporation organized and existing under and by virtue of the laws of the State of Georgia and having its principal office in Atlanta, DeKalb County, Georgia. BE IT RESOLVED THAT the Board of Trustees of The Salvation Army, a Georgia Corporation desires to enter into an agreement with The Augusta-Richmond County Commission for HUD Emergency Shelter Grant Program (ESGP) funding for Homeless Preventions Services for The Salvation Army in Augusta, Georgia. BE IT FURTHER RESOLVED THAT for the purpose of consummating said transaction, the President, PHILIP D. NEEDHAM, or the Vice President, GARY l. HERNDON, or Treasurer/Assistant Secretary, H. AL WARD, or Trustee, DAVID E. JEFFREY, Assistant Treasurer, DAVID R. MOTHERSHED, or Secretary, WILLIAM R. N. GOODIER, or FRANCES l. SUAREZ, Assistant Secretary, or Contracting Officer, PAUL FULLER are authorized, directed and empowered to issue, sign and deliver, as the act and deed of this Corporation, any and all documents necessary to complete the contractual agreement. In addition, the Corporation authorizes John M. Carter, Commanding Officer, and Erika Mitchell, Director of Development, to be empowered to file requests for monthly payments pursuant to this ESG agreement, said authorization being limited to the designated items only. I, Frances L. Suarez, Assistant Secretary of The Salvation Army, a Georgia Corporation, do hereby certify that the foregoing is a Resolution adopted by the Board of Trustees of said Corpo- ration at a meeting held on the 24th day of February 2003 IN WITNESS WHEREOF, I have hereunto set my hand officially and affixed the seal of this Corporation on this 24th day of February 2003. ~~S?r Frances L. Suarez, Assistant S~ Sworn to and subscribed before me this 24th day of February 2003. ~U. w~ ;,Iotar,t "~c\ic. .-='JitGn ,:ount1/. .38on;ia ;lIy cv'~mission S'<pires March 9. 2003 Notary Publ ic 4. PERFORt"lANCE MONITORlt~G The Grantee will monitor the performance of the Subrecipient against goals and performance standards required herein. Substandard performance as determined by the Grantee will constitute non-compliance with this contract. If actions to correct such substandard performance are not taken by the Subrecipient within 30 days following on- site monitoring by the Grantee, contract termination procedures will be initiated. 5. INSPECTION AND ACCEPTANCE All tasks and reports shall be conducted and completed in accordance with recognized and customarily accepted industry practices, and shall be considered complete when services are approved as acceptable by the Grantee in writing. In the event of rejection of any tasks, reports, etc., Subrecipient shall be notified in writing and shall have ten (10) working days from date of issuance of notification to correct the deficiencies and re- submit acceptable work wtthin said ten-day period. Failure to submit acceptable work within said ten-day period shall constitute a breach of this contract for which the Subrecipient may be held in default. 6. SEVERABILITY If any term or condition of this Contract is found by a court of competent jurisdiction to be void or invalid, such invalidity shall not affect the remaining terms and conditions of this Contract, which shall continue in full force and effect. 7. COMPENSATION The Subrecipient shall be paid a total consideration of $5.000.00 for full performance of the services specified under this Contract. Any cost above this amount shall be the sole responsibility of the Subrecipient. Subrecipient shall submit monthly requests for payment to the Housing and Neighborhood Development (HND) Department. Compensation shall be allowed on a reimbursement basis, only after expenditures have been incurred by the Subrecipient and proper supporting documentation has been submitted in conformity with the approved and executed budget documentation which is attached to this Contract as Appendix C, incorporated herein by reference. In every case, payment will be made subject to receipt of a reimbursement request for payment from the Subrecipient specifying and certifying that such expenses have been incurred and expended in conformance with this Contract and that the Subrecipient is entitled to receive the amount requested under the terms of this Contract. Client's eligibility data shall be included with said reimbursement request. Payments will be made on a monthly basis only with a 30-day turnaround period by Grantee. Requests for payments must be received by Grantee not later than the 15th day of each calendar month for work performed during the preceding calendar month. The Subrecipient shall not claim reimbursement from the Grantee for that portion of its obligations which has been paid by another source of revenue. 4 The Subrecipient shall notify the Grantee in writing of all authorized personnel who shall be empowered to fIle requests for payment pursuant to this Contract. Any unused funds remaining at the expiration of this contract shall revert to Grantee. 8. USE OF FUNDS Use of funds received pursuant to this Contract shall be in accordance with the requirements of the Emergency Shelter Grants Program: Stewart B. McKinney Homeless Assistance Act 24 CFR Part 576 and other regulations governing Emergency Shelter Grant Program, and any amendments or policy revisions thereto which shall become effective during the tenn of this Contract including OMB Circular A-I22, "Cost Principles for Non-Profit Organizations, OMB Circular A-II 0 "Uniform Administrative Requirements for Grants and Contracts With Institutions of Higher Education, Hospitals and Other Non-Profit Organizations and OMB Circular A-l33, "Audits of Institutions of Higher Education and Other Non-Profit Institutions." A copy of said regulations and circulars are incorporated by reference. Further, any funded activity must be designed or so located as to principally benefit lower income homeless individuals and families. "Homelessness" is defined as a person who is living on the street or in an emergency shelter, or who would be living on the street or in an emergency shelter without HUD's homelessness assistance. A person is considered homeless only when the person resides in one of the following places: · In places not meant for human habitation, such as cars, parks, sidewalks, abandoned buildings, on the street; · In an emergency shelter; · In transitional or supportive housing for homeless persons who originally came from the streets or emergency shelters; · In any of the above pla.ces but is spending a short time (up to 30 consecutive days) in a hospital or other institution; · Is being evicted within a week from a private dwelling unit and no subsequent residence has been identified and the person lacks the resources and support networks needed to obtain housing or their housing has been condemned by housing officials and is no longer considered meant for human habitation; · Is being discharged wiiliin a week from an institution in which the person has been a resident for more than, 30 consecutive days and no subsequent residence has been identified and the person lacks the resources and support networks needed to obtain housing; or · Is fleeing a domestic violence housing situation and no subsequent residence has been identified and the person lacks the resources and support networks needed to obtain housing. The Subrecipient agrees to maintain documentation that demonstrates that the activities carried out with funds provided under this Contract meet one or more of the ESG Program's purposes as defined in 24 CFR 576.1: (1) to help improve the quality of 5 eXistmg emergency shelters for the homeless, (2) to help make available additional emergency shelters, (3) to help meet the costs of operating emergency shelters and of providing certain essential social services to homeless individuals, so that these persons have access not only to safe and sanitary shelter, but also to the supportive services and other kinds of assistance they need to improve their situations; and (4) to restrict the increase ofhomelessness through the funding of preventive programs and activities. 9. MATCHING FUNDS The Subrecipient shall match the amount of the grant approved for this project. In calculating the amount of matching funds, there may be included the value of any donated material or building: the value of any lease on a building; any salary paid to staff in carrying out the emergency shelter programs; and the time and services contributed by volunteers to carry out the emergency shelter program, determined at the rate of $IO.OO per hour. The Grantee shall determine the value of any donated material or building or any lease using any method. reasonably calculated to establish a fair market value. Subrecipient will provide docwnentation to substantiate and identify the source of matching funds in an amount equal to the amount of the funds. Such matching funds shall not be used as a match to any other Federal grant and shall not be used as a match to a previous ESG grant received by Subrecipient. 10. PROGRAM INCOME Program income shall be returned to the Grantee unless Grantee authorize in writing that all or a specific portion thereof of such program income will be retained by Subrecipient. Program income is anticipated to be approximately $0. 11. INDIRECT COSTS Indirect costs will only be paid if Subrecipient" has an indirect cost allocation plan approved by the Department of Housing and Urban Development prior to the execution of this Contract. 12. TRAVEL Subrecipient shall obtain prior written approval from the Grantee for any travel outside the metropolitan area with funds provided under this Contract. All Federal Travel Regulations are applicable (41 CFR Part 301). 13. INDEMNIFICATION Subrecipient agrees to indemnify and hold harmless Grantee from any and all claims in any way related to or arising out of Subrecipient's performance of its obligations hereunder and/or Subrecipient's failure to perform its obligations hereunder or related to or arising out of any damage or injury to property or persons, occurring or allegedly 6 occurring in connection with Subrecipient's performance or non-performance of its obligations hereunder. No payment, however, final or otherwise, shall operate to release the Subrecipient from any obligations under this Contract. 14. INSURANCE & BONDING Subrecipient shall carry sufficient insurance coverage to protect contract assets from loss due to theft, fraud and/or undue physical damage, and as a minimum shall purchase a blariket fidelity bond covering all employees in an amount equal to cash advances from the Grantee. All policies providiIig insurance coverage required to be maintained by Subrecipient hereunder shall list Grantee, Augusta Richmond County Commission and its Mayor, and their officers, agents, members, employees and successors as named insured as their interests may appear, and shall be issued by an insurance carrier or carriers licensed to do business in the State of Georgia and reasonably acceptable to Grantee. All such policies shall provide that no act or omission of Grantee or its agents, servants, or employees shall in any way invalidate any insurance coverage for the other named insured. No insurance policy providing any insurance coverage required to be provided by Subrecipient hereunder shall be cancelable without at least 15 days advance written notice to Grantee. All insillIance policies required hereunder, or copies thereof, shall be provided to Grantee by Subrecipient. 15. GRANTOR RECOGNITION Subrecipient shall insure recognition of the role of the grantor agency in providing services through this contract. All activities, facilities and items utilized pursuant to this contract shall be prominently labeled as to funding source. In addition, the Subrecipient will include a reference to the support provided here in all publications made possible with funds made available under this contract. 16. OPEN MEETINGS LAW COl\1PLIANCE Subrecipient is subject to the Georgia Open Meetings Law if it receives more that 33 1/3% of its funds from taxpayer sources. Accordingly, the Subrecipient will take the following compliance measures: it will notify the Augusta Chronicle and the Augusta Focus or the Metro Courit~r of its regular board meetings' schedule and of any special called meetings except emergency meetings; it will post notices of its meetings in a public place at the meeting sites and it will keep a written agenda, minutes, attendance, . and voting record for each. meeting and make the same available for inspections by the press, the public and the Grantee. The press, public and the Grantee shall not be denied admittance to the Subrecipient's board meetings. Subrecipient shall provide to the Grantee a tentative annual schedule of the Board of Directors'meetings. Publications and minutes of each meeting shall be maintained. 7 17. ASSIGNMENT Without the prior written consent of the Grantee, this Contract is not assignable by the Subrecipient, either in whole or in part. 18. ENTIRE CONTR:\.CT; ALTERATION This Contract is the entire contract between the parties hereto. No alteration or variation in the terms of this Contract shall be valid unless made in writing and signed by the parties hereto. Only one amendment to said contract shall be allowed during the program year. 19. GENERAL TE:AAIS AND CONDITIONS A. REPORTS The Subrecipient agrees to submit to Grantee program progress reports and any other reports that may be specified in Appendix D. B. CLIENT DATA Subrecipient agree:; to maintain client data and documentation demonstrating client's eligibility for services. Such data shall include, but not be limited to, client's name, address, income level, racial, ethnic, gender, head of household, household income, household size, homeless status, or other basis for determining eligibility, and description of services provided. In addition, individual client files are to be maintained to include individual client plans, documentation of services provided and the tracking or follow-up of clients completing the program. C. RECORDS TO BE :MAINTAINED Subrecipient shall maintain all records required by the federal regulations specified in 24 CFR Part 576 that are pertinent to the activities to be funded under this Contract. Such records shall include but not be limited to: (1) Records required to determine the eligibility of activities provided to each homeless person; (2) Records documenting compliance with the fair housing and equal opportunity components of the ESG Program, and (3) Financial records as required by OMB Circular A-l33. Subrecipient agrees to keep all necessary books and records, including property, personnel and financial records in connection with the operations and services 3 performed under this Contract, and shall document all transactions so that all expenditures may be properly audited. If the Subrecipient receives $300,000 or more in combined federal assistance, it agrees to obtain an audit conducted in accordance with OMB Circular A-B3. However, if an audit is not required, the Subrecipient agree:; to provide quarterly fmancial reports to the Grantee. If Subrecipient does not prepare financial statements on a monthly or quarterly basis, a detailed li~;t of cash receipts and disbursements should be submitted to Grantee quarterly. D. ACCESS TO RECORDS The Subrecipient a.grees that the Grantee or any authorized representative has access to and the right to examine all records, books, papers, or documents related to the project. E. RETENTION The Subrecipient hereby severally warrants that all project records, books, papers, and documents will be retained for a period of not less that four (4) years after the termination of all activities funded under this contract, or after the resolution of all Federal audit fmdings, whichever occurs later and grants the Grantee the option of retention of the project records, books, papers, and documents. The retention period shall start from the date of submission of the Grantee's annual performance report, as prescribed in 24 CFR 576.85, in which the specific activity is reported on for the final time rather than from the date of submission of the fmal expenditure report fur the award. F. PERMITS The Subrecipient agrees to obtain all necessary permits for intended improvements or activities. G. AFFIRMA l1VE ACTION The Subrecipient, if its program involves housing, agrees to affirmatively further fair housing. H. CONFLICT OF INTEREST The Subrecipient hereby severally warrants that it will establish and adopt safeguards to prohibit members, officers, and employees from using positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for thl~rnselves or others, particularly those with whom they have family, business, or other ties. Funher, no member, officer, or employee of Subrecipient who exercises any functions or responsibility with respect to the program during his or her tenure or for one year thereafter, shall have any 9 financial interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, either for themselves or those with whom they have family or business ties, for work to be performed in connection with the program assisted under this Contract. 1. AUTHORIZATION TO EXECUTE CONTRACT The undersigned person signing as an officer on behalf of the Subrecipient, a party to this Contract, hereby severally warrants and represents that said person has authority to enter into this Contract on behalf of said Subrecipient and to bind the same to this Contract, and further that said Subrecipient has authority to enter into this Contract and that there are no restrictions or prohibitions contained in any article of incorporation or bylaws against entering into this Contract. J. INDEPENDENT CONTRACTOR Nothing contained in this Contract is intended to or shall be construed in any manner to create or establish an employer-employee relationship between the parties, nor shall any employee of the Subrecipient by virtue of this Contract be an employee of the Grantee for any purpose whatsoever, nor shall any employee of the Subrecipiem be entitled to any of the rights, privileges, or benefits of Grantee employees. The Subrecipient shall be deemed at all times an independent contractor and shall be wholly responsible for time, means and manner for performance of the services required of it by the terms of this Contract. The Subrecipient assumes exclusively the responsibility for the acts of its employees as they relate to the services provided during the course and scope of their employment K. PROCURE~vIENT When procuring property, goods and services under $100,000, the Subrecipient shall follow Augusta-Richmond County's procurement procedures which reflects applicable state and local laws and regulations. For purchases of $100,000 or more, federal laws, regulations and standards shall apply. L. EQUIPMENT AND PERSONAL PROPERTY (1) Use. Equipment and personal property shall be used by the Subr,ecipient in the program or project for which it was acquired as long as need, whether or not the project or program continues to be supported by Federal funds. (2) Disposition. When no longer needed for the original program proje:ct, disposition of any equipment or personal property of any kind shall be determined and approved by the Grantee consistent with provisions of Circular A-II 0, except 10 (a) In all cases in which personal property is sold, the proceeds shall be program income, and (b) Personal property not needed by the Subrecipient for ESG activities shall be transferred to the Grantee for the ESG Program or shall be retained after submitting compensation to the Grantee for the ESG Program, and ( c) Compensation for items of equipment or personal property retained or sold shall be an amount calculated by multiplying the current market value or proceeds from sale by the percentage of ESG funds provided on the original costs of equipment or personal property. (3) Man.agement and Requirements. Procedures for managmg equipment (including replacement equipment) and personal property, whether acquired in whole or in part with grant funds, until. disposition takes place shall, as a minimum, meet the following requirements: (a) Written notification must be given to the Housing and Neighborhood Development (HND) Department within seven (7) calendar days after delivery to the Subrecipient of equipment or personal property in order for HND to effect identification and recording for inventory purposes. Property records must be maintained that include a description of the property, a serial number or other identification number, the source of property, who holds title, the acquisition date and cost of the property, percentage of ESG funds in the cost of the property, the location, use and condition of the property, and any ultimate disposition data including the date of disposal and sale price of the property. (b) A physical inventory of the property must be taken and the results reconciled with the property records at least once a year. (c) A control system must be developed to ensure adequate safeguards to prevent loss, damage or theft of the property. Any loss, damage or theft shall be investigated by the Subrecipient and reported to the Grantee. (d) Adequate maintenance procedures must be developed to keep the property in good condition. 11 (e) If Subrecipient is authorized or required to sell the property, proper sales procedures must be established to ensure the highest possible return. 20. OTHER PROVISIONS Subrecipient agree to comply with the following requirements imposed by HUD on the use of program funds: A. The requirements of the Fair Housing Act (42 U.S.C. 3601-20) and implementing regulations at 24 CFR Part 100, as the same may be amended from time to time; Executive Order 11063 and implementing regulations at 24 CFR Part 107, as may be amended; and Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2002d-4) and implementing regulations issued at 24 CFR Part 1, as the same may be amended; B. The prohibitions against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 D.S.C. 6101-07) and implementing regulations at 24 CFR Part 146, as the same may be amended, and the prohibitions against discrimination against otherwise qualified individuals with handicaps under Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), implementing regulations at 24 CFR Part 8 (for the purposes of this Program, the term "dwelling units" shall include sleeping accommodations), as the same may be amended, and the Americans with Disabilities Act of 1990 (public Law 101-336) and implementing regulations, as the same may be amended; C. The requirements of Executive Order 11246 and the regulations issued under the Order at 41 CFR Chapter 60, as the same may be amended; D. The requirements of Section 3 of the Housing and Urban Development Act of 1968, 12 D.S.C. 1701(u), and implementing regulations at 24 CFR Part 135, as the same ma.y be amended, and the requirements of the Employment and Contracting Opportunities provisions set forth in 24 CFR Part 576, as the same may be amended; E. The requiremen.ts of Executive Orders 11625, 12432 and 12138 which require that an effort be made to encourage the use of minority and women's business enterprises in connection with the project for which program funds have been awarded; F. The requiremen.t that the project for which program funds have been awarded hereunder make known that use of the facility and services is available to all on a nondiscriminatory basis; regardless of race, color, religion, sex, age, national origin, handicap or disability; 12 G. The requirements of Executive Order 12372 and the implementing regulations at 24 CFR Part 52, as the same may be amended, (relating to intergovernmental review) to the extent provided by the Federal Register Notice in accordance with 24 CFR 52.3; H. The applicable requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601-4655), as the same may be amended, and the implementing regulations in 49 CFR Part 24, as the same may be iunended, and the Relocation and Acquisition provisions set forth in 24 CFR 576.80, as the same may be amended; 1. The requirements of the Drug Free Workplace Act of 1988 and the implementing regulations in 24 CFR 24, subpart F, as the same may be amended; J. The requirements of the Conflict of Interest provisions set forth in 24 CFR 576.79(d), as the same may be amended, and the Use of Debarred, Suspended or Ineligible Contractors provisions set forth in 24 CFR 576.79(e), as the same may be amended; K. The Environmental Review provisions set forth in 24 CFR Part 576, as the same may be mnended, and the Flood Insurance provisions set forth in 24 CFR 576.79(f), as the same may be amended; L. The applicable requirements of the Lead Based Paint Poisoning Prevention Act (42 U.S.C. 4821-4846), and the implementing regulations in 24 CFR Part 35, and the Lead Based Paint provisions set forth in 24 CFR Part 576, as the same may be amended; M. The applicable requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in CFR, Part 800, Advisory Council of Historic Preservation Procedures for Protection of Historic properties, insofar as they apply to the performance of this contract. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a Federal, State or local historic property list. In addition to, and not in substitution for other provisions of this Contract regarding the use of program funds, if the Subrecipient is deemed to .be a religious or denominational institution or organization, or an organization operated for religious purposes which is supervised or controlled by a religious or denominational institution or organization, Subrecipient agrees that, in connection with the use of the program funds: (1) it will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion; (2) it will not discriminate against any persons applying for housing, shelter, 13 ,; services or any eligible activity under the program on the basis of religion and will not limit such housing or other eligible activities or give preference to persons on the basis of religion; and (3) it will provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing, and exert no other religious influence in the provision of housing, shelter, services, or other eligible activity under the program. 21. MISCELLANEOUS A. This Contract shall be governed by and construed according to the laws of the State of GI~orgia. B. Time shall be: of the essence to this Contract, except where it is herein specifically provided to the contrary. IN WITNESS WHEREOF, 1he parties have set their hands and seals as of the date first written above. ATTEST: SEAL fY: Jti{[/pw Clerk of Commission ATTEST: SEAL By: J6~. 01. s its Corporate secretary. ' !\ r, 'I );(~O ~~~ (plain Witness) The Salvation Arrnv. "!1trrf A l,onr9ia Corporation (S' recipient) X MdjbtlJb wi M/i1.!1 CIrIrirIrIa/IJ,tJMJ.t, fC)ffJq,cm PHILIP D, NEEDHAM VICE PRESIDENT 14 APPENDLX A Project Area The Salvation Anny is located at 1384 Greene Street, Augusta, Georgia 30901. APPENDIX B Goals. Obiectives. and Tasks The Salvation will prevent 25 families from being evicted from their home or having their utilities terminated, through rent and utility payment assistance, with 90% of these families maintaining their self- sufficiency for at least six (6) months after assistance. Also, assist 25 families in locating and securing permanent housing, adequate case management and support services, and aid each family in maintaining self-sufficiency for at least six (6) months after assistance. APPENDIX C Budeet Homeless Prevention Rent Assistance Utility Assistance Security DeoositIFirst Month's Rent TOTAL $1,250.00 $1,250.00 $2.500.00 $5,000.00 APPENDIX D Reportin1! Reauirements The Subrecipient shall submit to the Grantee the following reports for the term of this contract. 1. Quarterly Progress Reports Due April 15, July 15, October 15 and January 15. 2. Annual Report - Due January 30 3. Audit Report (Due 30 days after completion of audit). 15 ATTACHlVIENTS #1 Re2ulatiollls. Circulars & Local Procurement Policv 1. Emergency Shelter Grant Program regulations 24 CFR 576. 2. OMB Circular A-122 "Cost Principles for Non-Profit Organizations," 3. OMB Circular A-110 "Grants and Contracts with Institutions of Higher Education, Hospitals & Other Non- Profit Organizations" 4. OMB Circular A-133, "Audits of Institutions of Higher Education and Other Non- Profit Institutions" 5. Augusta-Richmond County Procurement Policy ATTACHMENTS #2 Forms 1. Homeless Verification 2. Verification of Income 3. Reimbursement Request 4. Quarterly Report 5. Annual Report 6. Time Sheet 7. Travel Log 8. Inventory 16 THE SALVATION ARlHY POLICY STATEMENT ON RELATIONSHIPS WITH OTHER GROUPS AND ORGANIZATIONS The Salvation Army in the United States works cooperatively with many groups - goverrunental, social service, civic, religious, business, humanItarian, educational, ' health, character building, and other groups - in the pursuit of its mission to preach tile' Christian Gospel and meet hwnan need. Any agency, governmental or private, which enters into' a contractual or cooperative relationship with The Salvation Anny should b~ advised that: 1. The Salvation AnllY is an international religious and charitable movement, organized and operated on a quasi-military pattern, and is a branch of the Christian church. 2. All programs of The Salvation Army are administered by Salvation Army Officers, who are ministers of the Gospel. 3. The motivation of the organization is love of God and a practical concern for the needs ofhwnanity. 4. The Salvation Army's provision of food, shelter, health services, counseling, and other physical, social, emotional, psychological and spiritual aid, is given on the basis of need, available resources and established program policies. Organizations contracting and/or cooperating with The Salvation Anny may be assured that because The Salvation Army is rooted in Christian compassion and is governed by Judeo-Christian ethics, The Salvation Army will strictly observe all provisions of its contracts and agreements. COnlmissioners Conference: Mny 1996 'i ) .. AMENDMENT # 1 CONTRACT BETWEEN AUGUSTA, GEORGIA AND THE SAL V AnON ARMY, A GEORGIA CORPORATION FOR YEAR 2003 EMERGENCY SHELTER GRANT PROGRAM This AMENDMENT, made and entered into on I~t' day of ~ ;s;,./llf/J ~y , 2003, by and between AUGUST A, GEORGIA by and through the Augusta-Richmond County Commission, as the Implementor of the Emergency Shelter Grant Program (hereinafter referred to as "Grantee"), and THE SALVATION ARMY, A GEORGIA CORPORATION, (hereinafter referred to as the "Subrecipient"). WHEREAS, the Grantee and the Subrecipient desires to enter into an agreement for the implementation of Emergency Shelter Grant Program providing Homeless Prevention Services for client rent and utilities. WHEREAS, the Grantee and Subrecipient desires to clarify issues embodied with said agreement. NOW, THEREFORE, the parties hereto do mutually agree to amend and modify said agreement as follows: Page 7, Section 14. INSURANCE & BONDING Delete: "Subrecipient shall carry sufficient insurance coverage to protect contract assets from loss due to theft, fraud and/or undue physical damage, and as a minimum shall purchase a blanket fidelity bond covering all employees in an amount equal to cash advances from the Grantee. All policies providing insurance coverage required to be maintained by Subrecipient hereunder shall list Grantee, Augusta Richmond County Commission and its Mayor, and their officers, agents, members, employees and successors as named insured as their interests may appear and shall be issued by an insurance carrier or carriers licensed to do business in the State of Georgia and reasonably acceptable to Grantee. All such policies shall provide that no act or omission of Grantee or its agents, servants, or employees shall in any way invalidate any insurance coverage for the other named insured. No insurance policy providing any insurance coverage required to be provided by Subrecipient hereunder shall be cancelable without at least 15 days advance written notice to Grantee. All insurance policies required hereunder, or copies thereof, shall be provided to Grantee by Subrecipient." Replace: "Subrecipient shall carry sufficient insurance coverage to protect contract assets from loss due to theft, fraud and/or undue physical damage, and as a minimum shall purchase a blanket fidelity bond covering all employees in an amount equal to cash advances from the Grantee. 1 'r ~1 All policies providing insunmce coverage required to be maintained by Subrecipient hereunder shall list Grantee, The Augusta-Richmond County Commission and its Mayor, and their authorized agents as named insured as their interest may appear. Coverage shall be issued by an insurance carrier or carriers licensed to do business in the State of Georgia and acceptable to Grantee, which acceptance shall not be unreasonable withheld. All such policies shall provide that no act or omission of Grantee or its authorized agents shall in any way invalidate any insurance coverage under this contract. No insurance policy providing any insurance coverage required to be provided by Subrecipient hereunder shall be cancelable without at least 15 days advance written notice to the Grantee. All Certificates of Insurance required hereunder, or copies thereof shall be provided to Grantee by Subrecipient. Page 12, Section 20. D. OTHER PROVISIONS Delete: The requirements of Executive Order 11246 and the regulations issued under the Order at 41 CFR Chapter 60, as the same may be amended; Replace: The requirements of Executive Order 11246 and the regulations issued under the Order at 41 CFR Chapter 60, if applicable, as the same may be amended; IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first written above. ATTEST: AUGUSTAGEORGIA , (Grantee ~BY ATTEST: THE SALVATION ARMY, A GEORGIA CORPORATION (SUbreCiPieT ) By: ~ PHILIP D. NEEDHAM VICE PRESIDENT \ (Plain Witness) 2