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HomeMy WebLinkAboutINTERFAITH HOSPITALITY NETWORK OF AUGUSTA INC YR 2-011 EMERGENCY SHELTER GRANT (ESG) PROGRAM $19,818 _ , ti ` �°.^� . �, AGREEMENT BETWEEN AUGUSTA, GEORGIA " � °` 4 -� AND INTERFAITH HOSPITALITY NETWORK OF AUGUSTA, INC. FOR YEAR 2011 EMERGENCY SHELTER GRANT (ESG) PROGRAM This Agreement made and entered into this 1st day of lanuary, 2011, by and between Augusta, Georgia, by and tlirough the Augusta-Richmond County Commission, as the Implementor of the Emergency Shelter Grant Program (hereinafter referred to as "Grantee") and Interfaith Hospitality Network of Augusta, Inc. (hereinafter referred to as the "Subrecipient"). WHEREAS, the Grantee has applied for and received funds from the United States Government under Title I of the Housing and Community Development Act of 1974, as amended (HCD Act), Public Law 93- 383; and implementing regulations set forth in Title 24 Code of Federal Regulations (CFR) Part 576, relating to Emergency Shelter Grants ("ESG"); and WHEREAS, the City, as an Entitlement Grantee for the ESG Program is responsible for the administration, implementation, planning and evaluation within its respective jurisdiction of the ESG Program and for the HUD Consolidated Plan; and WHEREAS, the purpose of the ESG Program is to help improve the quality of existing emergency shelters for the homeless, to help make available additional emergency shelters, to help meet the cost of operating emergency shelters and of providing certain essential social services to homeless families and individuals, so that these persons have access not only to safe and sanitary shelter, but also to the supportive services and other kinds of assistance they need to attain self-sufficiency; and WHEREAS, the services which are funded by the ESG Program must benefit homeless individuals and families within the respective jurisdiction of the City, and in accordance with the income eligibility criteria found in the HUD Section 8 Guidelines; 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; NOW, THEREFORE, it is agreed between the parties hereto as follows: ARTICLE I. DEFINITIONS AND IDENTIFICATIONS Unless the context otherwise requires, the capitalized terms used herein and not otherwise defined shall have the meaning assigned to them in this Article I. Emergency Shetter Grant (ESG) Program The term "Emergency Shelter Grant Program" or "Program" shall mean that program administered by the Housing and Community Development Department of the City and funded by an Emergency Shelter Grant applied for by the City and awarded by HUD as authorized pursuant to Subtitle B of title IV of the McKinney-Vento Homeless Assistance Act and HUD's regulations at 24 CFR Part 576, as amended. 1 � , Department The term "Department" shall mean the Housing and Community Development Department of the City. Grantee The term "Grantee" shall mean the City as Grantee of the Emergency Shelter Grant awarded by HUD. City The term "City° shall mean Augusta, Georgia. HUD The term "HUD" shall mean the U.S. Department of Housing and Urban Development. Project The term "Project" shall mean the project or projects set forth in Exhibit A hereto entitled "Scope of Services and Timetable." Homeless The term "Homeless" or "homeless individual or homeless person" shall mean: (1) an individual who lacks a fixed, regular, and adequate nighttime residence; and (2) an individual who has a primary nighttime residence that is — (a) a supervised publicly or privately operated shelter designed to provide temporary living accommodations (including welfare hotels, congregate shelters and transitional housing for the mentally ill); (b) an institution that provides a temporary residence for individuals intended to be institutionalized; or (c) a public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings. The term "homeless" or "homeless individual" does not include any individual imprisoned or otherwise detained pursuant to an Aet of congress or a State law. Low- and Moderate-Income Person The term "Low- and Moderate-Income Person" shall mean a member of a family having an income equal to or less than the Section 8 low-income limit established by HUD (80% of Area Median Income). Unrelated individuals will be considered as one-person families for this purpose. ARTICLE tl: PROIECT The Grantee agrees to reimburse the Subrecipient in an amount not to exceed Nineteen thousand Ei�ht- hundred and Ei�hteen dollars ($19,818) (hereinafter the "Grant") to implement the following project(s): Interfaith Hospitality Network of Augusta Subrecipient will provide day shelter, case management, transportation, childcare, assistance with employment search and assistance with finding affordable housing. Said project is more fully set forth in Exhibit "A" attached hereto and made a part hereof. ARTICLE III: NOTICES 2 �; � Subrecipient and the Grantee agree that all notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. Communication and details concerning this Agreement shall be directed to the following Agreement representatives Grantee: Augusta, Georgia Attention: David S. Copenhaver, Mayor 530 Greene Street, 8 Floor Augusta, Georgia 30901 With copy to: Housing and Community Development Department Attention: Chester A. Wheeler, III, Director 925 Laney-Walker Boulevard Augusta, Georgia 30901 If to Subrecipient: Interfaith Hospitality Network of Augusta, Inc. Attention: Sarah MacDonald, Director 2177 Central Avenue Augusta, Georgia 30904 ARTICLE IV: GENERAL CONDITIONS A. General Compliance The Subrecipient agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 576 (the U.S. Housing and Urban Development regulations concerning Emergency Shelter Grant (ESG)) except that (1) the Subrecipient does not assume the Grantee's environmental responsibilities and (2) the Subrecipient does not assume the Grantee's responsibility for initiating the review process. The Subrecipient also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided under this Agreement. The Subrecipient further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. B. Independent Contractor Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The Subrecipient shall at all times remain an "Independent Contractor" with respect to the services to be performed under this Agreement. The Grantee shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation Insurance, as the Subrecipient is an Independent Contractor. C. Hold Harmless � 3 � The Subrecipient shall hold harmless, defend and indemnify the Grantee from any and all claims, actions, suits, charges and judgments whatsoever that arise out of the Subrecipient's performance or nonperFormance of the services or subject matter called for in this Agreement. D. Workers' Compensation The Subrecipient shall provide Workers' Compensation Insurance coverage for all of its employees involved in the performance of this Agreement, if applicable. E Insurance & Bondin� The Subrecipient shall carry sufficient insurance coverage to protect Agreement assets from loss due to theft, fraud and/or undue physical damage, and as a minimum shall purchase a blanket fidelity bond covering all employees in an amount equal to cash reimbursements/advances from the Grantee. The Subrecipient shall comply with the bonding and insurance requirements of 24 CFR 84.31 and 84.48, Bonding and Insurance. F. Grantee's Reco�nition The Subrecipient shall insure recognition of the role of the Grantee in providing services through this Agreement. All activities, facilities and items utilized pursuant to this Agreement shall be prominently labeled as to funding source. In addition, the Subrecipient will include a reference to the support provided herein in all publications made possible with funds made availa6le under this qgreement. G. Amendments 1. The Grantee or Subrecipient may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the Grantee's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the Grantee or Subrecipient from its obligations underthis Agreement. 2. It is further understood that the Grantee is responsible to HUD for the administration of funds and may consider and act upon reprogramming recommendations as proposed by its Subrecipient. In the event that the Grantee approves any modification, amendment, or alteration to the funding allocation, the Subrecipient shall be notified pursuant to Article III and such notification shall constitute an official amendment to this Agreement. 3. It is further agreed that the Subrecipient will submit to the Grantee within thirry (30) days of the completion of each Project a complete financial accounting of all its project activities. 4 � 4. The Department's Director shall be authorized to approve line item changes to the Subrecipient's budget as long as such cnanges do not increase in the grant amount set forth in the "Budget". 5. The Grantee may, in its discretion, amend this Agreement to conform with Federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both the Grantee and Subrecipient. 6. It is further understood that the Subrecipient shall be allowed only one amendment to this agreement. No amendment will be granted to extend the agreement beyond the established end of grant period. H. Suspension or Termination 1. In accordance with 24 CFR 85.43, the Grantee may suspend or terminate this Agreement if the Subrecipient materially fails to comply with any terms of this Agreement, which include ", but are not limited to the following: a) Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; b) Failure, for any reason, of the Subrecipient to fulfill in a timely and proper manner its obligations under this Agreement; c) Ineffective or improper use of funds provided under this Agreement; or d} Submission by the Subrecipient to the Grantee reports that are incorrect or incomplete in any material respect. e) In accordance with 24 CFR 85.44, this Agreement may also be terminated for convenience by either the Grantee or the Subrecipient, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if in the case of a partial termination, the Grantee determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the Grantee may terminate the award in its entirety. I. Matchin� Funds The Subrecipient must match dollar-per-dollar matching of ESG funds distributed by Grantee which may be in the form of dollars, professional services, or in-kind services. Subrecipient shall, no less frequently than monthly during the term of this Agreement, provide adequate documentation to Grantee of matching funds or in-kind services obtained. Such information shall be included in the information supplied with the Request for Reimbursement. In calculating the amount of matching funds, there may be included the value of any donated material or building: the value of any lease on a building; any salary paid to staff in carrying out the emergency shelter programs; and the time and services contributed by volunteers to carry out the emergency shelter program, determined at the rate of $10.00 5 , per hour. The Grantee shall determine the value of any donated material or building or any lease using any method reasonably calculated to establish a fair market value. Failure to obtain such matching funds or in-kind services shall be declared a breach of this Agreement and result in the denial of payment or reimbursement from ESG funds beyond the amounts for which matching funds are available. J. Homeless Mana�ement Information Svstem As a provider of services for the homeless population, Subrecipient agrees to fully participate in Pathways Community Network, Inc., the designated Homeless Management Information System, on an ongoing basis by inputting client data on a regular basis into the computer information gathering system. ARTICLE V. ADMINISTRATIVE REQUIREMENTS A. Financial Mana�ement 1. Accountin� Standards The Subrecipient agrees to comply with 24 CFR 84.21-28 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. 2. Cost Principles The Subrecipient shall administer its program in conformance with OMB Circulars A-122, "Cost Principles for Non-Profit Organizations," or A-21, "Cost Principles for Educational Institutions," as applicable. These principles shall be applied for all costs incurred whether charged on a direct or indirect basis. (a} Subrecipient gives the Grantee, HUD, and the Comptroller General, through any authorized representatives, access to and the right to examine all records, books, papers, or documents relating to the Project. (b) Subrecipient agrees to maintain books, records, and documents in accordance with general accepted accounting procedures and practices that sufficiently and properly reflects all expenditures of Grant funds provided by the Grantee under this Agreement. (c) All Grant funds disbursed through an Emergency Shelter Grant shall be used only for eligible activities specifically outlined in this Agreement. The Subrecipient shall comply with any conditions and timetables set forth in this Agreement. In the event the Subrecipient does not comply with the conditions and timetables, or if the Subrecipient ceases to exist or provide the services for which the Grant was made, the Subrecipient will not carry out another ESG eligible project, the Subrecipient shall be in default. In the event of default, the Grantee may exercise any rights or remedies provided in this Agreement. 6 � B. Documentation and Recordkeepin� 1. Records to be Maintained The Subrecipient shall maintain all records required by the Federal regulations specified in 24 CFR 576.65, which are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to: a. All accounts, property and personnel records as deemed necessary by Grantee to ensure proper accounting of all project funds and compliance with this Agreement. b. Records required to determine the homeless eligibility of persons provided services; c. For Homeless Prevention activities, records to document persons "at risk" of being homeless d. Records required to document the acquisition, improvement, use or disposition of real properly acquired or improved with ESG assistance; e. Financial records as required by 24 CFR 84.21-28. 2. Retention The Subrecipient shall retain all financial records, supporting documents, statistical records, and all other records pertinent to the Agreement for a period of five (5) years. The retention period begins on the date of the submission of the Grantee's annual performance and evaluation report to HUD in which the activities assisted under the Agreement are reported on for the final time. Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited that have started before the expiration of the five-year period, then such records must be retained until completion of the actions and resolution of all issues, or the expiration of the five-year period, whichever occurs later. 3. Client Data The Subrecipient shall maintain client data demonstrating client eligibility for services provided and certification of "homelessness°. Such data shall include, but not be limited to, client name, address, income level or other basis for determining eligibility, and description of service provided. Such information shall be made available to Grantee monitors or their designees for review upon req uest. 4. Disclosure The Subrecipient understands that client information collected under this Agreement is private and the use or disclosure of such information, when not directly connected with the administration of the Grantee's or Subrecipient's responsibilities with respect to services provided under this Agreement, is prohibited by unless written consent is obtained from such persons receiving service and, in the case of a minor, that of a responsible parent/guardian. 5. Close-outs The Subrecipient's obligation to the Grantee shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but are not limited to: making final payments and disposing of program assets. Notwithstanding the foregoing, the terms of this Agreement shall remain in effect during any period that the Subrecipient has control over ESG funds, including program income. 7 � Any Grant funds remaining at the end of the Agreement period shall be returned to the Grantee, and the Grantee may in its discretion reprogram the funds to another ESG eligible project. 6. Audits & inspections All Subrecipient records with respect to any matters covered by this Agreement shall be made available to the Grantee, HUD, and the Comptroller General of the United States or any of their authorized representatives, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the Subrecipient within 30 days after receipt by the Subrecipient. Failure of the Subrecipient to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. The Subrecipient hereby agrees to have an annual agency audit conducted in accordance with current Grantee policy concerning Subrecipient audits and OMB Circular A-133. C. Reportin� and Payment Procedures 1. Pro�ram Income The Subrecipient shall report "monthly" all program income generated by activities carried out with ESG funds made available under this Agreement. The use of program income by the Subrecipient shall comply with the requirements set forth at 24 CFR 84.24. By way of further limitations, the Subrecipient may use such income during the Agreement period for activities permitted under this Agreement and shall reduce requests for additional funds by the amount of any such program income balances on hand. All unexpended program income shall be returned to the Grantee at the end of the Agreement period. Any interest earned on cash advances from the U.S. Treasury and from funds held in a revolving fund account is not program income and shall be remitted promptly to the Grantee. Program income anticipated to be generated from the use of ESG funds for this project is approximately $0. 2. Indirect Costs If indirect costs are charged, the Subrecipient will develop an indirect cost allocation plan for determining the appropriate Subrecipient's share of administrative costs and shall submit such plan to the Grantee for approval, in a form specified by the Grantee. 3. Invoicin� and Payment Procedures a) In order to obtain reimbursement from the Grantee in connection with the Project, Subrecipient shall provide the folfowing information: (1) Subrecipient shall submit Monthly Progress Reports for the Project in the form attached hereto as Exhibit "E" detailing accomplishments for the report period and the number of participants broken down by race, sex and female head of household. In addition, for each Program participant, the Subrecipient shall complete a Participant Income Eligibility Form in the form attached hereto as Exhibit "D" and shall submit such forms with its Monthly Progress Report. The Monthly Progress Report and Participant Income Eligibility Form must 8 accompany ail requests for payment until all funds have been expended. in the event that all funds are expended prior to the expiration of the agreement period, reports must continue to be submitted throughout the twelve month period. (2) The Subrecipient shall submit time sheets as backup documentation for salary reimbursement. In addition, the Subrecipient shall submit mileage, if applicable. (3) Request for reimbursements by Subrecipient shall be accompanied by invoices, cancelled checks, receipts or other documentation evidencing funds expended by Subrecipient. (4) The Grantee agrees to reimburse costs allowable under Federal, state and local guidelines. a) Upon receiving the invoices, reports and other material, the Department shall audit such documentation to determine whether the items invoiced are eligible for reimbursement under applicable Federal, state and local laws and regulations. b) The Department shall authorize the Grantee's Financial OfFicer to reimburse the Subrecipient for all costs it determines are eligible for reimbursement, pursuant to the audit. Payments will be made on a monthly basis with a 30-day turnaround period by Grantee. Requests for payments must be received by Grantee not later than the 15` 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. c) The Grantee will pay to the Subrecipient funds available under this Agreement based upon information submitted by the Subrecipient and consistent with any approved budget and the Grantee policy concerning payments. The Grantee reserves the right to liquidate funds available under this Agreement for costs incurred by the Grantee on behalf of the Subrecipient. 4. Progress Reports The Subecipient shall submit Monthly Progress Reports to the Grantee in the form attached (Exhibit E) as required by the Grantee. Progress reports shall be submitted by the 15 day of the month following prior quarter activities. 5. Annual Reports The Subrecipient shall submit an Annual Performance Report to the Grantee in the form attached (Exhibit G), content as required by the Grantee. The Annual PerFormance Report shall be submitted to Grantee by January 15 following the year of the grant period. 9 _ D. Procurement 1. Compliance The Subrecipient shall comply with current Grantee policy concerning the purchase of equipment and shall maintain inventory records of all non-expendable personal property as defined by such policy as may be procured with funds provided herein. Personal properry means property of any kind except real property. All program assets (unexpended program income, property, equipment, etc.) shall revert to the Grantee upon termination ofthis Agreement. a) All procurement transactions regardless of whether negotiated or advertised and without regard to dollar value, shall be conducted in a manner so as to provide maximum open free competition consistent with the Cost Principles for Non-Profit Organizations, OMB Circular A-110 "Procurement Standards." b) Subrecipient shall make positive efforts to utilize small business and minority owned business sources, as well as women-owned businesses, for supplies and services. 2. OMB Standards Unless specified otherwise within this agreement, the Subrecipient shall procure all materials, property, or services in accordance with the requirements of 24 CFR 84.40-48. 3. Travel The Subrecipient shall obtain written approval from the Grantee for any travel outside the metropolitan area with funds provided under this Agreement. E. Use and Reversion of Assets The use and disposition of real property and equipment under this Agreement shall be in compliance with the requirements of 24 CFR Part 84.32 and 84.34, as applicable. Upon expiration of this Agreement, Subrecipient shall transfer to Grantee any remaining HUD/ESG funds and any accounts receivable attributable to the use of HUD/ESG funds distributed pursuant to this Agreement. ARTICLE VI. OTHER FEDERAL PROVISIONS Subrecipient agrees to comply with the following requirements imposed by HUD on the use of program funds: A. Title 24, Code of Federal Regulations, Part 576; B. 42 U.S.C. §§ 11371-11378-Title IV, Subtitle B of the Stewart B. McKinney Homeless Assistance Act. C. Any building used for emergency shelter must meet local housing, safety and sanitation codes. 10 � D. The requirements of the Fair Housing Act (42 U.S.C. 3601-20) and implementing regulations at 24 CFR Part 100, as the same may be amended from time to time; Executive Order 11063 and implementing regulations at 24 CFR Part 107, as may be amended; and Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d-4) and implementing regulations issued at 24 CFR Part 1, as the same may be amended; E. The prohibitions against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C. 6101-07) and implementing regulations at 24 CFR Part 146, as the same may be amended, and the prohibitions against discrimination against otherwise qualified individuals with 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; F. The requirements at 24 CFR 576.23 concerning Faith-based activities. G. The requirements of Section 3 of the Housing and Urban Development Act of 1968, 12 U.S.C. 1701(u), and implementing regulations at 24 CFR Part 135, as the same may be amended, and the requirements of the Employment and Agreementing Opportunities provisions set forth in 24 CFR Part 576, as the same may be amended; H. The requirements of Executive Orders 11625, 12432 and 12138 which require that an effort be made to encourage the use of minority and women's business enterprises in connection with the project for which program funds have been awarded; I. The requirement that the project for which program funds have been awarded hereunder make known that use of the facility and services is available to all on a nondiscriminatory basis; regardless of race, color, religion, sex, age, national origin, handicap or disability; J. The requirements of Executive Order 12372 and the implementing regulations at 24 CFR Part 52, as the same may be amended, (relating to intergovernmental review) to the extent provided by the Federal Register Notice in accordance with 24 CFR 52.3; K. The applicable requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601-4655), as the same may be amended, and the implementing regulations in 49 CFR Part 24, as the same may be amended, and the Relocation and Acquisition provisions set forth in 24 CFR 576.80, as the same may be amended; L. The requirements of the Drug Free Workplace Act of 1988 and the implementing regulations in 24 CFR 24, subpart F, as the same may be amended; M. The requirements of the Conflict of Interest provisions set forth in 24 CFR 576.79(d), as the same may be amended, and the Use of Debarred, Suspended or Ineligible Contractor provisions set forth in 24 CFR 576.79(e), as the same may be amended; 11 � N. The Environmental Review provisions set forth in 24 CFR Part 576, as the same may be amended, and the Flood Insurance provisions set forth in 24 CFR 576.79(f), as the same may be amended; O. The applicable requirements of the Lead Based Paint Poisoning Prevention Act (42 U.S.C. 4821-4846), and the implementing regulations in 24 CFR Part 35, and the Lead Based Paint provisions set forth in 24 CFR Part 576, as the same may be amended; P. The requirements of the National Affordable Housing Act (Pub. L. 101-625, November 28, 1990) contained in Section 832(e)(2)(c) that Subrecipients develop and implement procedures to ensure the confidentiality of records pertaining to any individual provided family violence prevention or treatment services under any project assisted under the ESG Program and "that the address or location of any family violence shelter project assisted" under the ESG Program "Will, except with written authorization of the person or persons responsible for the operation of such shelter, not be made public." Q. Certification Regarding Lobbying — Subrecipient hereby certifies that to the best of its knowledge and belief: 1) No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal Agreement, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal Agreement, grant, loan, or cooperative agreement; 2) Ifanyfunds otherthan Federal appropriated funds have been paid orwill be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal Agreement, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and 3) It will require that the language of paragraph (d) of this certification be incfuded in the award documents for all subawards at all tiers (including subcontracts, subgrants, and Agreements under grants, loans, and cooperative agreements) and that all Subrecipients shall certify and disclose accordingly. Lobbying Certification - This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S.C. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 12 . In addition to, and not in substitution for other provisions of this Agreement regarding the use of program funds, if the Subrecipient is deemed to be a religious or denominational institution or organization, or an organization operated for religious purposes which is supervisetl or controlled by a religious or denominational institution or organization, Subrecipient agrees that, in connection with the use of the program funds: (1) it will not discriminate against any employee or applicant for employment on the basis of race, color, creed, religion, except as allowed by Executive Order 13279, sex, age, handicap, disability, ancestry, national origin, marital status, familial status, or any other basis prohibited by applicable law, (2) it will not discriminate against any persons applying for housing, shelter, services or any eligible activity under the program on the basis of religion and will not limit such housing or other eligibte 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 underthe program. ARTICLE VII. SEVERABILITY If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect. ARTICLE VIII: SECTION HEADINGS AND SUBHEADINGS The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement. ARTICLE IX: WAIVER The Grantee's failure to act with respect to a breach by the Subrecipient does not waive its right to act with respect to subsequent or similar breaches. The failure of the Grantee to exercise or enforce any right or provision shall not constitute a waiver of such right or provision. ARTICLE X: ENTIRE AGREEMENT This agreement constitutes the entire agreement between the Grantee and the Subrecipient for the use of funds received under this Agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the Grantee and the Subrecipient with respect to this Agreement. 13 , SIGNATURE PAGE IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above. ATTEST: AUGUSTA, GEORGIA (Grantee) S E A L By: �...�.. `�-,� ,(r�� Davi . Copenhaver l � As its Mayor i (/,����( Lena J onner Clerk of Commission ATTEST: INTERFAITH HOSPITALITY NETWORK OF AUGUSTA, INC. (Subrecipient) �. SEAL BY: Gary Bil ' y As its President Y�� �L� Bett Pond As its Corporate Secretary (Plain Witness} C Frederick L. Russell City Administrator Chester A. Wheeler, III Director AHCDD E � � Andrew G. M c enzie General Counsel 14 . EXHIBIT "A" SCOPE OF SERVICES AND TIMETABLE The Subrecipient will be responsible for administering "Interfaith Hospitality Network of Augusta" in a manner satisfactory to the Grantee and consistent with any standards required as a condition of providing these funds. Such program will include the following activities eligible under the Emergency Shelter Grant Program: I. SCOPE OF SERVICES A. Activities Interfaith Hospitality Network of Augusta, Inc. will provide shelter, case management, transportation, childcare, assistance with employment search, and assistance in finding affordable housing. Program Delivery Subrecipient will provide shelter, case management, transportation, childcare, assistance with employment search, and assistance in finding affordable housing to 25 homeless persons. The project consists of a network of 25 churches that provide sleeping space for homeless families. Clients are provided an evening meal and breakfast at the host church and a packed lunch to take with them in the morning. School children are taken to school in the morning; preschool children are taken to the Children's Day Shelter located at 2553 Ridge Road, Augusta, Georgia for cost-free childcare. Employed clients are taken to work, and unemployed clients are brought to The Day Center located at 2177 Central Avenue to conduct job searches. ESG funds will be used towards salaries, transportation, and utilities. General Administration The Board of Directors manages the Subrecipient, the Executive Director is responsible for the comprehensive day-to-day operations, performance, coordination, and administrative supervision of the staff. B. LEVELS OF ACCOMPLISHMENT - Goals and Performance Measures The Subrecipient agrees to provide the foltowing levels of program services: Activity Persons per Month Total Persons/Year Essential Services 5 persons 25 persons C. Staffin� Sarah MacDonald, Executive Director, is responsible for the comprehensive day-to-day operations, performance, coordination, and administrative supervision of the staff. Also currently serves as the Case Manager to families in the shelter program and in transitional housing. Work hours: Monday — Friday 8 a.m. — 5 p.m. as well as being on-call after hours and on the weekends - Salaried employee; 15 . Latonya Pressley, Children's Day Shelter Coordinator reports to the Executive Director, is responsible for providing a nurturing and caring environment at the Children's Daycare Center for those children in our network as well as from other homeless agencies, maintaining paperwork on children and reporting numbers weekly for Pathways; coordinates volunteers and supervises Foster Grandmothers from the Senior Citizen Council. Work hours: Monday — Friday 8 a.m. — 5 p.m. Employee is paid hourly; Tamara Starr, Children's Day Shelter Assistant, reports to the Children's Day Shelter Coordinator, is responsible for providing assistance to Children's Day Shelter Coordinator; assist in planning and implementing daily lesson plans and activities; assist with daily activities such as diaper changing, activities, feedings, naptimes, etc. Work hours: Monday — Friday 8 a.m. — 5 p.m. Employee is paid hourfy; Christopher Goodson, Day Shelter Administrative Assistant, reports to Executive Director and is responsible for providing onsite supervision of residents; provides administrative assistance and support to the Network Director, when asked to interact positively with the homeless guest, maintain website and database of giving as well as provide proper documentation to donors; write and maintain all grants and reimbursements; responsible for the up keeping of all files; Maintaining Department of Corrections forms for all community service workers; Works with the Public Relations committee to create quarterly newsletters and other publications and assist with furniture donations. Work hours: Monday — Friday 8 a.m. — 5 p.m. Employee is paid hourly; Ramela Godbee, Van Driver, reports to the Executive Director, is responsible for providing transportation of clients from the churches to the day center and then transporting the children to school and to our daycare; responsible for transporting the employed parents to work, doctor's appointments, social serviee appointments, interviews, etc. Work Hours vary depending on needs of the guests but average: Monday — Friday 6:30a.m. — 9:30 a.m. then 2:30p.m. — 5:30p.m. Employee is paid hourly; Calvin Bryant, Truck Driver is responsible for providing transportation of the beds and guest belongings to each church each week. Work hours: on Sundays from about 6:30a.m. until 7:30a.m. and then from 1:30p.m. until 2:30p.m. — Employee is contracted and reports to the Executive Director. D. Performance Monitorin� The Subrecipient agrees that the Department may carry out periodic monitoring activities as determined necessary by the Department. At a minimum, monitoring shall occur annually, and it may occur more frequently if the Department deems it necessary. The Department will provide the Subrecipient with advance notice in writing prior to any monitoring activities. Such monitoring shall consist of evaluating the Subrecipient's compliance with the terms and conditions of this Agreement, and comparing the Subrecipient's projected Project schedule, budget and output with its actual perFormance. Upon request, the Subrecipient shall furnish the Department, the Grantee, or its designee copies of such records and information as the Department or the Grantee deems necessary. In addition, the Subrecipient shall submit monthly progress reports as required by this Agreement, and shall prepare such other reports as may be required by the Department, the Grantee and/or HUD. The Grantee will monitor the performance of the Subrecipient against goals and performance standards as stated above. Substandard performance as determined by the Grantee will constitute noncompliance with this Agreement. If action to correct such substandard 16 � performance is not taken by the Subrecipient within a reasonable period of time after being notified by the Grantee, Agreement suspension or termination procedures will be initiated. II. TIME OF PERFORMANCE Services of the Subrecipient shall start on lanuary 1, 2011 and end on December 31, 2011. The term of this Agreement and the provisions herein shall be extended to cover any additional time period during which the Subrecipient remains in control of ESG funds or other ESG assets, including program income. III. BUDGET lir�e Iten, arr,ourrt Esseritial5ervices: Salary(Childrer�s DayShelterCoordinator&Children'sDayShelterAssistarrt) $ 5,000 TransportationAssistanoe(VanDriverSalary) $ 6,000 Operatir� Costs: Salary(ExecudveDirector&A�dministrativeAss�arrt) $ 2,000 Ualities $ 6,818 TOTAL $ 19,818 Any amendments to the budget must be in writing and approved by the Grantee's Director of Housing and Community Development Department. IV. PAYMENT It is expressly agreed and understood that the total amount to be paid by the Grantee under this Agreement shall not exceed 19 818. Draw downs for the payment of eligible expenses shall be made against the line item budgets specified in Paragraph III herein and in accordance with performance. Expenses for general administration shall also be paid against the line item budgets specified in Paragraph III and in accordance with performance. Payments may be contingent upon certification of the Subrecipient's financial management system in accordance with the standards specified in 24 CFR 84.21. Subrecipient is also responsible for submitting to the Grantee, monthly progress reports, time sheets (if applicable), mileage (if applicable), invoices and any other documentation deemed necessary by the monitoring official during the funding cycle. These records shall be retained up to five (5) years after the Agreement expires. 17 EXHIBIT "B" ` PROGRAM REQUIREMENTS Subrecipient shall operate this project funded through the City's Emergency Shelter Grant Program according to the following guidelines 1. Accounting and related records of Subrecipient shall comprise the following as a minimum: a. Voucher System - All supporting documentation, such as purchase order, invoices, receiving reports and requisitions. b. Books of Original Entry - Cash receipts and disbursements journal, general ledger. c. Chart of Accounts - Listing of accounts must be maintained in the accounting system. d. Personnel Records - Separate personnel file shall be maintained for each project employee. As a minimum, the file shall contain a resume of the employee, a description of duties assigned, and a record of the date employed, rate of pay at the time of employment, subsequent pay adjustments, and documentation supporting leave taken by the employee. e. Attendance Record - Attendance records shall be maintained for all personnel paid with ESG funds. This applies to part-time as well as full-time personnel. In addition to accounting for daily attendance, the type of leave taken (annual, sick, or other), shall be disclosed. Daily attendance records must support budgetary changes for payroll purposes. f. Payroll Records - Formal payroll records supporting cash disbursements to employees shall be maintained. Such records shall disclose each employee's name, job title, social security number, date hired, rate of pay, and all required deductions for tax purposes. Timely quarterly payment of taxes withheld from employees for the Federal Government, along with required matching costs, are required. In addition, all charges for payroll purposes shall be in accordance with the budget submitted to the Grantee. g. Checking Accounts - Monthly bank reconciliation shall be conducted by Subrecipient. All checks, stubs, etc. shall be pre-numbered and accounted for, including voided checks. Check stubs, cancelled checks, and deposit slips must be readify available for audit purposes. h. Petty Cash - Subrecipient is encouraged to use an imprest system and adhere to a monthly, or if necessary, more frequent reimbursement procedure if any ESG funds are used as petty cash. i. � Purchasing Practices - HUD considers State-purchasing regulations to be an acceptable standard for purchasing practices. Local purchasing practices and other procedures shall prevail unless State and/or Federal practices and procedures are more stringent. Therefore, Subrecipient is obligated to conform to the more restrictive practices and 18 - procedures. It is recommended that Subrecipient use a formal pre-numbered purchase � order system where possible and appiicable. j. Inventories - Subrecipient is advised to maintain adequate safeguards against loss by theft or physical deterioration of any inventories of office supplies, equipment, or other items purchased with ESG funds. k. Property Records - Subrecipient is required to maintain formal subsidiary records to control all project property and equipment. Such records shall disclose the acquisition and subsequent disposition of all property. An annual inventory should be conducted, and the books shall reflect the actual value of property on hand at the end of the fiscal year. 2. All project accounting records and supporting documents shall be maintained for a period of at least five (5) years after termination of the Grantee's award. The records shall be made available to the Grantee, HUD and/or any of their authorized representatives. 3. Subrecipient should maintain records in an orderly manner, with separate identification for different federal time periods. Records must be protected from fire or other perils, and if stored in a location other than the project site, shall be readily accessible to the Grantee's staff, HUD officials and others who may be authorized to examine such records. EXHIBIT "C' REPORT SCHEDULE REPORT DUE PERIOD COVERED Monthl Pro ress Re ort 15 da of each month Jan-Dec For Prior month activities Annual Performance Report January 15, 2012, after year of Grant Period (Jan 1— Dec 31) rant period ESG Match Log Report January 15, 2012, after year of Grant Period grant period (January 1— December 31) Audit or Financial Statement 30 days after receipt of Audit Re ort Subreci ienYs audit period 19 i � ESG AGREEMENT ATTACHMENTS 1. REGULATIONS, CIRCULARS & LOCAL PROCUREMENT POLICY . ■ Emergency Shelter Grant Entitlement Program 24 CFR 576 Subpart A— F and Subpart K ■ OMB Circular A-122, "Cost Principles for Non-Profit Organizations" • Part 84 — Uniform Administrative Requirements for, "Grants and Agreements with Institutions of Higher Education, Hospitals, & Other Non-Profit Organizations" ■ OMB Circular A-133, "Audits of Institutions of Higher Education and Other Non-Profit Institutions" ■ Augusta, Georgia Procurement Policy (Purchase of Goods & Services under $10,000) 2. FORMS ■ Reimbursement Request, Checklist & Itemization Forms ■ Monthly Progress Report "Exhibit D" ■ Verification & Certification of Homelessness "Exhibit E" ■ Participant Income Eligibility "Exhibit F" ■ Annual Performance Report "Exhibit G" ■ Income Eligibility Calculation Workshop ■ FY 2011 Income Limits ■ Declaration of -0- Income • ESG Match Log ■ Time Sheet (Use if applicable) ■ Bid Tabulation (Use if applicable) ■ Quote Tabulation (Use if applicable) ■ Travel Log (Use if applicable) ■ Inventory Form (Use if applicable)