HomeMy WebLinkAboutGRANT AGREEMENT FOR A $314,030.00 GRANT BETWEEN AUGUSTA GA. AND ST STEPHENIS MINISTRY INC r , �
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CONTRACT
Between
AUGUSTA, GEORGIA
And
ST. STEPHENS MINISTRY
In the amount of
$314,030.00
Three Hundred Fourteen Thousand and Thirty Dollars & 00/100
For Fiscal Year 2011
Providing Funding Frorn
HOUSING OPPORTUNITES FOR PERSONS WITH AIDS (HOPWA)
AN AGREEMENT FOR A$314,030.00 GRANT BETWEEN AUGUSTA f ��d��T�
AND ST. STEPHENS MINISTRY, INC. — NONPROFIT CORPORATION, FOR
PROVISION OF HOUSING SERVICES TO PERSONS WITH AIDS OR RELATED
DISEASES AND THEIR FAMILIES UNDER THE HOUSING OPPORTUNIITES FOR
PERSONS WITH AIDS (HOPWA) GRANT PROGRAM OF THE UNITED STATES
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT.
THIS AGREEMENT, made in Augusta, Georgia on , 2011, by and between �
�°�o� ° : a ,
Augusta, a m�nicipal corporation organized and existing under the laws of the State of
Georgia (City"), the address of which is Augusta Housing and Community Development
Department, 925 Laney-Walker Blvd., Augusta, Georgia, 30901 and St. Stephens Ministry, Inc.,
a Georgia nonprofit corporation, organized and existing under the laws of the State of Georgia
("Projecx Sponsor"), the address of which is 924 Greene Street, Augusta, GA 30901.
WHEREAS, Augusta, Georgia ("City") has been awarded funds from the United States
Department of Housing and Urban Development ("HUD") under the Housing Opportunities For
Persons With AIDS (HOPWA) Program pursuant to Title VIII, Subtitle D, of the National
Affordable Housing Act of 1990, for support of specialized housing throughout the Augusta,
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Georgia; Metropolitan Statistical Areas include: Burke, Columbia, McDuffie and Richmond
counties (Georgia) and Aiken and Edgefield counties (South Carolina);
WHEREAS, "Project Sponsor" is a provider of housing and supportive services for persons with
AIDS or related diseases and their families in: Burke, Columbia, McDuffie and Richmond
counties;
WHEREAS, Project Sponsor desires to provide renovation, project-based housing assistance,
and supportive services for persons with AIDS or related diseases and the families residing with
the persons with AIDS or related diseases, as more particularly described in E�iibit "A",
attached hereto and b;� reference made a part hereof,
WHEREAS, this activity is eligible under the HOPWA regulations at 24 CFR 574.3000
�b)�
WHEREAS, the City desires to enter into an agreement with the Project Sponsor to provide
housing services under the provisions of the Grant in the amount of $ 314,030.00 ("Grant
Funds");
WHEREAS, it is in the best interest of the City to amend said Agreement,
NOW, THEREFORE, in consideration of the mutual covenants, promises and representations
contained herein, the City and Project Sponsor hereto agree as follows:
ARTICLE 1. SCOPE OF SERVICES
Proj ect Sponsor shall carry out, or cause to be carried out, in a satisfactory and propert manner as
determined by the City, all services described or referred to in Exhibit :A. In carrying out these
services, Project Sponsor shall:
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(a) Operate the program in accordance with the provisions of this Agreement and applicable
HUD regulations;
(b) Conduct an ongoing assessment of the housing assistance and supportive services
required by the participants in the program;
(c) Assure the adequate provision of supportive services to the participants in the program;
and
(d) Comply with such other terms and conditions, including record keeping and reports
which must include racial and ethnic data (on participants) for program monitoring and
evaluations purposes, as the City or HIJD may establish for purposes of carrying out the
program in an effective and efficient manner.
ARTICLE II. PERIOD OF THE AGREEMENT; EFFECTIVE DATE
This agreement shall become effective on January 1, 2011 and end on June 30, 2012, and unless
cancelled pursuant to Article V of this Agreement, shall continue in full force and effect for one
(1) year, or ninety (90) days following the City's full and complete disbursement of Grant Funds
to Project Sponsor, as described in Exhibit "C", attached hereto and by reference made a part
hereof, whichever comes first.
ARTICLE IIL DISBURSEMENT RATES AND REQUIREMENTS
The City shall disburse Grant Funds to the Project Sponsor at the rates and in the amounts
stipulated in the Payment Schedule/Procedures, attached as Exhibit "B", attached hereto and by
reference made a part hereo£ Grant Funds received under this Agreement may not be used to
replace other amounts made available or designated by state or local governments through
appropriation for the same uses as outlined in Article I, Scope of Services.
The Project Sponsor agrees to cooperate and coordinate in providing assistance under this
Agreement with the agencies of the relevant state and local governments responsible for services
in the area served by the Project Sponsor for eligible persons and other public and private
organizations and agencies providing services for such eligible persons.
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The Project Sponsor agrees that no fees, except rent, will be charged of any eligible person for
any services provided with Grant Funds under this Agreement. The Project Sponsor also agrees
to ensure the confidentiality of eligible persons receiving assistance under this Agreement.
The Project Sponsor agrees to ensure the confidentiality of the name of any individual assisted
with Grant Funds and any other information regarding individual receiving assistance.
ARTICLE IV. PROGRAM INCOME
As defined in 24 CFR Part 85, Section 85.25, program income means gross income received by
Project Sponsor that has been directly generated by a HOPWA supported activity, or earned only
as a result of the HOPWA grant agreement. In the event Project Sponsor receives program
income for activities rendered hereunder, Project Sponsor shall account for program income in
accordance with requirements set forth in 24 CFR Part 84, Section 84.24, and observe the
provisions of Sections 84.30 through 84.37 regarding the disposition of real property that has
been acquired in part or in whole with HOPWA funds.
ARTICLE V. SILLING AND REPORTING REQUIREMENTS
Project Sponsor shall submit invoices and all other necessary documentation on a monthly basis
to substantiate payment requests. The invoices and documentation must meet the City's auditing
requirements and provide sufficient detail for a proper pre-audit and post-audit to ensure proper
accounting and disbursement of Grant Funds. Billing and receipts shall be submitted on the
City's form attached hereto as Exhibit "C" and by reference made a part hereof.
Project Sponsor sha11 submit cuxnulative Quarterly and Annual Service Reports utilizing the
Housing Opportunities for Persons with AIDS (HOPWA) Program Annual Progress Report
(APR) titled "Form HUD-40110-C (expiration date 12/3ll2010)." Quarterly periods to be
reported are October-December, January-March, April-June. Quarterly Service Reports are due
by the 15 day of the month following the period reported. The Annual Service Report includes
the last quarter period of July-September, covering the entire period of October-September, and
is due no later than November 1 st following the close of the program year.
Additional information may be required as a result of requests from the City or HUD. However,
such information will not be required retroactively to previous Program Years. The Project
Sponsor agrees to provide such additional information, as requested by the City or HUD.
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ARTICLE VI. MODIFICATION
This Agreement may only be amended or modified by a written instrument executed by the duly
authorized representatives of the parties hereta
ARTICLE VII. DEFAULT/TERMINATION AND CANCELLATION
A default shall consist of any use of Grant Funds for a purpose other than as authorized by this
Agreement, noncompliance with the AIDS Housing Opportunity Act, 42 U.S.C. Sections 12901
to 12912 or the Housing Opportunities for Persons With AIDS Program Final Rule as amended
in 61 FR 7963, February 29, 1996, HOPWA regulations published at 24 CFR 574, and 24 CFR
Part 85.43. A default shall also consist of any material breach of the Agreement, failure to
comply with the audit requirements as provided in Article X herein, failure to expend Grant
Funds in a timely manner, or misrepresentations in the application submission which, if known
by City and/or HUD, would have resulted in a Grant not being provided. Upon due notice to the
Project Sponsor of t;�e occurrence of any such default and the provision of a reasonable
opportunity to respond, City and/or HUD may take one or more of the following actions:
(a) Direct the Project Sponsor to submit progress schedules for completing approved
activities;
(b) Issue a letter of warning advising the Project Sponsor of the default, establishing a
date by which corrective action(s) must be completed and placing the Project
Sponsor on notice that more serious sanctions will be taken if the default is not
corrected and/or is repeated;
(c) Direct the Project Sponsor to suspend, discontinue or not incur costs for the
affecteci activity;
(d) Condition a future Grant;
(e) Reduce or recapture the Grant Funds;
( fl Withhold payment of Grant Funds;
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(g) Direct the Pro� ect Sponsor to reimburse the program accounts for costs
inappropriately charged to the program;
(h) Other appropriate action including, but not limited to, any remedial action legally
available, such as affirmative litigation seeking declaratory judgment, specific
performance, damages, temporary or permanent injunctions, and any other
available remedies; or,
(i) Suspen� or terminate this Agreement.
For purposes of this Agreement, a reasonable opportunity to respond to any default shall
be ten (10) calendar days from receipt by Project Sponsor of the City's written notice of such
default.
Except as otherwise permitted herein, this Agreement is subject to cancellation by either
party on thirty (30) calendar days advance written notice.
Notwithstanding any provision to the contrary, in the event the Project Sponsor is found
in default of this Agreement or either party elects to cancel this Agreement at any time prior to
disbursement of grant funds by providing the other party with a minimum of thirty (30) calendar
days advance written notice, the City may elect to continue providing Grant Funds to the Project
Sponsor for the continued provision of rental assistance and/or other housing related services
until such time as the Project Sponsor takes the appropriate corrective action(s) to cure the
default or the City, through the request for proposal ("RFP") process, enters into a separate
agreement with another non-profit organization for the provision of services provided herein.
ARTICLE VIII. ENVIRONMENTAL REVIEW
Project Sponsor agrees that it shall supply their local City or County government with all
available, relevant information necessary to perform any required environmental review pursuant
to HUD regulations at 24 CFR Part 58, as amended, for each property to be acquired,
rehabilitated, converted, leased, repaired or constructed with Grant Funds; it shall carry out
mitigating measures required by their local City or County government or select alternate
eligible property; and it shall not acquire, rehabilitate, convert, lease, repair or construct property,
or commit HUD or local funds to such program activities with respect to any such property, until
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it has submitted to the City appropriate records of environmental review from their local City or
County government and received notice from the City that the environmental review is complete.
ARTICLE IX. AUDIT REQUIREMENTS �
In the event, that during the period of this Agreement, Project Sponsor expends more than
$500,000.00 in federal funds in an operating year from this and other federal grants, Project
Sponsor shall, at its own cost and expense, provide for an independent audit to be conducted.
The audit shall be completed, and a copy furnished to the City, within the earlier of thirty (30)
calendar days after receipt of the auditor's report(s) or nine (9) months after the end of the audit
period, unless a longer period is agreed to in advance by the City. For purposes of this
Agreement, an operating and/or audit year is the equivalent to the Project Sponsor's fiscal year.
The determination of when Grant Funds are expended is based on when the activity related to the
expenditure occurs.
The audit shall be conducted in compliance with the Office of Management and Budget Circular
No. A-133, as amended and 24 CFR Parts 84 and 85, as applicable, which are made a part of this
Agreement by reference thereto. In the event the audit shows that the entire funds disbursed
hereunder, or any portion thereof, were not expended in accordance with the conditions of this
Agreement, Project Sponsor shall be held liable for reimbursement to the City of all funds not
expended in accordance with these applicable regulations and Agreement provisions within
thirty (30) calendar days after the City has notified Project Sponsor of such non-compliance.
Said reimbursement sha11 not preclude the City from taking any other action as provided in
Article VI herein.
If expenditure does not exceed $500,000.00 during an operating year, Project Sponsor shall
provide the City with xts annual financial statement within ninety (90) calendar days of the end of
its operating year. Said financial statement shall be prepared by an actively licensed certified
public accountant.
ARTICLE X. NON-ASSIGNABILITY
The Proj ect Sponsor shall not assign any rights or obligations under this Agreement without the
prior written consent of the City. Any purported assignment of rights or obligations in violation
of this Article is void.
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ARTICLE XI. INSURANCE
During the term of this Agreement, Project Sponsor shall provide, pay for and maintain with
companies satisfactory to the City, the types of insurance described herein. All insurance shall be
from responsible companies duly authorized to do business in the State of Florida. Such
insurance shall be primary coverage afforded to the additional insured and shall contain a cross-
liability or severability of interest clause. Liability policies shall provide that the City is an
additional insured as to the operation of the Project Sponsor under this Agreement. The
insurance coverages and limits required must be evidenced by a properly executed Acord 25
Certificate of Insurance form (or its equivalent). The Project Sponsor shall submit a copy of the
certificate(s) to the City's Division of Housing and Community Development, 2009 Government
Way, Tampa, Florida 33602 within thirty (30) calendar days of the effective date of this
Agreement.
In the event that the Project Sponsor fails to submit the certificate(s) verifying the minimum
coverages and amounts specified herein, the City, at its own discretion, may withhold payment
of Grant Funds until such time as the certificate(s) is received by Housing and Community
Development. Each Certificate must be personally manually signed by the Authorized
Representative of the insurance company shown in the Certificate with proof that he/she is an
authorized representative thereof. Thirty (30) days written notice by must be given to the City of
any cancellation, intent not to renew, or reduction in the policy coverages, except in the application
of the aggregate liability limits provisions. Should any aggregate limit of liability coverage be
reduced, it sha11 be immediately increased back to the limit required by this Agreement. The
insurance coverages required herein are to be primary to any insurance carried by the City or any
self-insurance program thereof. The Project Sponsor shall be responsible for any deductibles
under its policies. The Project Sponsor shall ensure that all of its contractors and subcontractors
carry adequate types and limits of insurance.
The acceptance of delivery to the City of any Certificate of Insurance evidencing the insurance
coverage and limits required hereby, does not constitute approval or agreement by the City that
the insurance requirements have been met or that the insurance policies shown in the Certificate
of Insurance are in compliance with the requirements herein.
(a) Workers' Compensation and Employers' Liability Insurance shall be provided for all
employees engaged in the work under this Agreement in accordance with the laws of the
State of Florida. The amount of the employers' liability insurance shall not be less than
$1,000,000.00 bodily injury by accident each accident, $1,000,000.00 bodily injury
disease each employee, and $1,000,000.00 bodily injury by disease policy limit.
(b) Commercial General LiabilitY Insurance shall be written on ISO occurrence form CG 00
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O1, or substitute form providing equivalent coverage, with a minimum limit of
$1,000,000.00 each occurrence and a$2,000,000.00 aggregate. Such policy shall include
the City as an additional insured and shall cover liability arising from premises and
operations, independent contractors, products and completed operations, personal and
advertising injury, and liability assumed under this Agreement. Completed operations
liability coverage shall be maintained for a minimum of one-year following completion
of the work. The insurance shall not exclude coverage for sexual molestation.
(c) Automobile Liabilitv Insurance shall be maintained in accordance with the laws of the
State of Florida as to the ownership, maintenance, and use of all owned, non-owned, or
hired vehicles used in connection with this Agreement. The minimum limit shall be
$500,000.00 bodily injury and property damage combined single limit each accident.
ARTICLE XII. AFFIRMATIVE ACTION, NONDISCRIMINATION AND EQUAL
OPPORTUNITY
In carrying out this Agreement, the Project Sponsor shall not discriminate against any employee
or applicant for employment because of race, color, religion, sex, age, familial status, disability,
or national origin. The Project Sponsor shall take the necessary steps to ensure that applicants for
employment are employed, and that employees are treated during employment, without regard to
their race, color, religion, sex, age, familial status, disability, or national origin. Such action shall
include, but not be limited to the following: employment, upgrading, demotion or transfer;
recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. The Project Sponsor shall
post in conspicuous places, available to employees and applicants for employment, notices to be
provided by the government setting forth the provisions of this non-discrimination clause. The
Project Sponsor, upon execution of this Agreement, shall agree that all qualified candidates will
receive consideration for employment without regard to race, color, religion, sex, age, familial
status, disability, or national origin.
When expending Grant Funds, Project Sponsor shall, within the eligible population, comply with
the following requirements for nondiscrimination on the basis of race, color, religion, sex,
national origin, age, familial status and disability:
(a) Equal Opportunity. Title VI of the Civil Rights Act of 1964 (U.S.C. 2000(d) et
seq.) and implementing regulations in 24 CFR Part 1 which prohibits
discrimination in any program or activity funded in whole or in part with funds
made available under this Agreement.
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(b) Minority and Women's Business Enterprises. The requirements of Executive !:
Orders 11625, 12432, and 12138 apply to grants under this part. Consistent with ,
HUD's responsibilities under these Orders, the Project Sponsor must make efforts '
to encourage the use of minority and women's business enterprises in connection
with funded activities.
(c) Employment Opportunities. The requirements of Section 3 of the Housing and
Urban Development Act of 1968, (12 U.S.C. 1701(u) Employment Opportunities
for Lower Income Persons in Connection with Assisted Projects). The purpose of
Section 3 is to ensure that employment and other economic opportunities
generated by HUD financial assistance (greater than $100,000) shall, to the
greatest extent feasible, and consistent with existing federal, state and local laws
and regulations, be directed to low and very low-income persons, particularly
those who are recipients of government assistance for shelter and housing and to
business concerns which provide economic opportunities to low and very-low
income persons.
(d) Discrimination on the Basis of Age or Disability. The prohibitions against
discrimination based on age under the Age Discrimination Act of 1975 (42 U.S.C.
6101-07) and implementing regulations at 24 CFR Part 146; the prohibitions
against discrimination against disabled individuals (including persons with
HIV/AIDS) under Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794)
and implementing regulations at 24 CFR Parts 8 and 9; and applicable provisions
of the Americans with Disabilities Act (42 U.S.C. 12101-12213) and
implementing regulations at 28 CFR Part 35 (Nondiscrimination on the Basis of
Disability in State and Local Government Services) and Part 36
� (Nondiscrimination on the Basis of Disability by Public Accommodations and in
Commercial Facilities).
(e) Fair Housing Requirements. The Project Sponsor shall comply with 24 CFR
Part 100, Discriminatory Conduct Under the Fair Housing Act, a regulation issued
under the authority of the Secretary of Housing and Urban Development to
administer and enforce Title VIII of the Civil Rights Act of 1968, as amended by
the Fair Housing Amendments Act of 1988 (42 U.S.C. 3601 — 3631).
(d) Affirmative Outreach. The Project Sponsor must adopt procedures to ensure
that all persons who qualify for the assistance, regardless of their race, color,
� religion, sex, age, national origin, familial status, or disability, know of the
availability of the HOPWA program, including facilities and services accessible
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to persons with a disability, and maintain evidence of implementation of the
procedures.
ARTICLE XIII. COMPLIANCE WITH LOCAL, STATE AND FEDERAL RULES,
REGULATIONS AND LAWS
Project Sponsor shall comply with all applicable laws, orders, and codes of the federal, state and
local governments as they pertain to this Agreement, including, but not limited to, the
requirements of OMB Circulars A-122 and A-110. The Project Sponsor shall assist the City in
complying with all of the terms and conditions of the government grants under Title XIII,
Subchapter C, Part I of the Omnibus Budget Reconciliation Act of 1993 (26 U.S.C. 1391, et
seq.), incorporated herein and made part of this Agreement by reference; and under Title VIII,
Subtitle D, Housing Opportunities for Persons with AIDS (HOPWA) Grant Program (24 CFR
Part 574), authorized by the AIDS Housing Opportunity Act (42 U.S.C. 12901) as amended by
the Housing and Community Development Act of 1992 (Pub. L. 102-55, approved October 28,
1992), incorporated herein and made part of this Agreement by reference.
Project Sponsor shall likewise comply with the Lead-Based Poisoning Prevention Act (42 U.S.C.
4821-4846), the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851-
4856), and implementing regulations at Part 35, subparts A, B, H, J, K, M and R, as applicable.
Proj ect Sponsor, if a faith-based organization, shall comply with the terms and conditions set
forth in CFR 24, Part 5 General HUD Program Requirements; Waivers, Section 5.109, Equal
Participation of Religious Organizations in HUD Programs.
Project Sponsor shall likewise comply with all applicable Augusta, Georgia Housing and
Community Development Division Procedures and Policies as set forth in the City of Tampa
Housing and Community Development Division Manual of Procedures and Standards,
incorporated herein and by reference made a part hereof.
Project Sponsor shall likewise comply with Augusta, Georgia Code of Ethics. Project Sponsor
acknowledges agrees and commits that it shall comply with all applicable governmental and
Augusta, Georgia rules and regulations including the Augusta, Georgia Code of Ethics. The
failure of Project Sponsors to comply with this Business Ethics Commitment shall render this
contract voidable and will subject Project Sponsor to debarment from future City contracts.
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ARTICLE XIV. PROJECT PUBLICITY
Any news release or other type of publicity pertaining to the proj ect as stated herein must
recognize City as a sponsor, funded by HUD.
ARTICLE XV. MAINTENANCE OF RECORDS
Project Sponsor shall maintain all records and accounts including property, construction,
personnel, client eligibility, housing assistance time limitations, and financial records related to
the provision of services authorized hereunder to assure a proper accounting and monitoring of
all Grant Funds. In the event that the City determines that such records are not being adequately
maintained, the City may cancel this Agreement in accordance with Article VIII herein.
With respect to all matters covered by this Agreement, records will be made available for
examination, audit, inspection or copying purposes at any time during normal business hours and
as often as the City, HUD, representatives of the Comptroller General of the United States or
other federal agency may require. Project Sponsor will permit same to be examined and excerpts
or transcriptions made or duplicated from such records, and audits made of a11 contracts,
invoices, materials, records of personnel and of employment and other data relating to all matters
covered by this Agreement. The City's right of inspection and audit shall obtain likewise with
reference to any audits made by any other agency, whether local, state or federal. Project
Sponsor shall retain all records and supporting documentation applicable to this Agreement for
five (5) years from the date of submission of the annual performance report. If any litigation,
claim, negotiation, audit, monitoring, inspection or other action has been started before the
expiration of the required record retention period, records must be retained until completion of
the action and resolution of all issues which arise from it, or the end of the required period,
whichever is later. The retention period starts from the date of the City's submission of the
Consolidated Annual Performance and Evaluation Report (CAPER), as prescribed in 24 CFR
91.520, in which the activities as described in Exhibit "A" are reported on for the final time
rather than from the date of submission of the final expenditure report for the award. ,
ARTICLE XVI. EVALUATION
The City, in accordance with the HOPWA Policies and Procedures issued by the Department of
Growth Management and Development Services/Division of Housing and Community
Development, shall be responsible for monitoring and evaluating all aspects of the services
provided by Project Sponsor under this Agreement. The City shall have access to and be able to
make copies and transcriptions of such records as may be necessary in the determination of the
City or HUD to accomplish this evaluation, subj ect to state and federal confidentiality
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requirements. In order to properly monitor and evaluate the Project Sponsor's performance under
this Agreement, the Gity shall make on-site inspections as often as it deems necessary. Failure by
the project Sponsor to assist the City in this effort, including allowing the City to conduct the on-
site inspections and have access to the Project Sponsor's records, shall result in the imposition of
sanctions as specified in Article VIII herein.
Said evaluation shall be accomplished by the City through a management evaluation of the
services provided under this Agreement during the term of this Agreement.
ARTICLE XVII. NEGATION OF AGENT OR EMPLOYEE STATUS
Project Sponsor shall perform this Agreement as an independent agent and nothing contained
herein shall in any way be construed to constitute the Project Sponsor or any assistant,
representative, agent, employee, independent contractor, partner, affiliate, holding company,
subsidiary or subagent of the Project Sponsor to be a representative, agent, subagent, or
employee of City.
Project Sponsor certifies its understanding that the City is not required to withhold any federal
income tax, social security tax, state and local ta�, to secure worker's compensation insurance or
employer's liability insurance of any kind, or to take any other action with respect to this
insurance or taxes of the Project Sponsor and assistant(s) of the Project Sponsor.
In no event and under no circumstances shall any provision of this Agreement make the City or
any political subdivision of the State of Florida liable to any person or entity that contracts with
or provides goods or services to the Project Sponsor in connection with the services the Project
Sponsor has agreed to perform hereunder or otherwise, or for any debts or claims of any nature
accruing to any person or entity against the Project Sponsor. There is no contractual
relationship, either express or implied, between the City or any political subdivision of the State
of Florida and any person or entity supplying any work, labor, services, goods or materials to the
Project Sponsor as a result of the provisions of the services provided by the Project Sponsor
hereunder or otherwise.
ARTICLE XVIII. SUBCONTRACTS
Project Sponsor is required to provide all work pursuant to this Agreement and in no event shall
any portion be subcontracted to any other party without the City's prior written consent. If any
work is assigned or subcontracted, it shall not in any way affect the provisions of this Agreement.
Project Sponsor is allowed to subcontract with properly licensed and insured contractors for
services, including, but not necessarily limited to, new construction and building relocation and
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rehabilitation. All contracts with properly licensed contractors shall be in writing and subject to
approval by the City.
Project Sponsor agrees to monitor all subcontracted services on a regular basis to assure contract
compliance. Results of monitoring efforts shall be summarized in written reports and supported
with documented evidence of follow-up actions taken to correct areas of noncompliance.
Project Sponsor shall cause all of the provisions of this contract in its entirety to be included in
and made a part of any subcontract executed in the performance of this Agreement. The Project
Sponsor shall undertake to insure that all subcontracts entered into under to the performance of
this Agreement shall be awarded on a fair and open competition basis in accordance with
applicable procurement requirements. Executed copies of all subcontracts shall be forwarded to
the City along with documentation concerning the selection process.
Project Sponsor will include the provisions of Articles XIII and XIV, in every
subcontract or purchase order, specifically or by reference, so that such provisions will be
binding upon each of its own subcontractors.
ARTICLE XIX. CONFLICT OF INTEREST
Project Sponsor guarantees that no member of, or Delegate to, the Congress of the United States
shall be admitted to any share or part of this contract or to any benefit to arise from the same.
Project Sponsor agrees that no member of the governing body of the locality in which the Project
Sponsor is situated, and no other public official of such locality or localities who exercises or has
exercised any functions or responsibilities with respect to HOPWA-assisted activities, or who is
in a position to participate in a decision making process or gain inside information with regard to
such activities, may obtain a financial interest or benefit from the HOPWA-assisted activity, or
have any interest in any contract, subcontract, or agreement with respect thereto, or with respect
to the proceeds thereunder, either for himself or herself or for those with whom he or she has
family or business ties, during his or her tenure or for one (1) year thereafter.
Unless expressly permitted by HUD, Project Sponsor agrees that no person who is an employee,
agent, consultant, officer, or elected or appointed official of the Project Sponsor and who
exercises or has exercised any functions or responsibilities with respect to HOPWA-assisted
activities, or who is in a position to participate in a decision making process or gain inside
information with regard to such activities, may obtain a financial interest or benefit from the
HOPWA-assisted activity, or have any interest in any contract, subcontract, or agreement with
respect thereto, or with respect to the proceeds thereunder, either for himself or herself or for
those with whom he or she has family or business ties, during his or her tenure or for one (1)
year thereafter.
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ARTICLE XX. INDEMNIFICATION
Project Sponsor shall defend, hold harmless and indemnify City from and against any and all
liability, injury, loss, claims, damages, costs, attorneys' fees and expenses of whatever kind or
nature which City may sustain, suffer or incur or be required to pay by reason of: (1) The loss of
any monies paid to Project Sponsor; (2) Fraud, defalcation or dishonesty on the part of any
person representing, employed, contracting, or subcontracting by Project Sponsor; (3) Any act,
omission, wrongdoing, misconduct, want of care or skill, negligence or default on the part of
Project Sponsor or any of its contractors, subcontractors, material men, suppliers or laborers in
the execution or performance of this Agreement: or (4) A judgment regardless of whether such
judgement is covered by the insurance required under Article XII of this Agreement.
The indemnity hereunder shall survive termination of the Agreement. In the event that any
action, suit or proceeding is brought against the City upon any liability arising out of the
Agreement, or any other matter indemnified against, the City at once shall give notice in writing
thereof to Project Sponsor by registered or certified mail addressed to Project Sponsor. Upon the
receipt of such notice, Project Sponsor, at its own expense, shall defend against such action and
take all such steps as may be necessary or proper to prevent the obtaining of a judgement against
the City.
ARTICLE XXI. PUBLIC RECORDS
The Project Sponsor shall assist the City in complying with any and all public records requests
made of the City pursuant to Chapter 119, Georgia Statutes, with regard to matters pertaining to
this Agreement. As defined in § 119.011(1), Georgia Statutes, the term "public records" means
all documents, papers, letters, maps, books, photographs, films, sound recordings, data
processing software, or other material, regardless of the physical form, characteristics, or means
of transmission, made or received pursuant to law or ordinance or in connection with the
transaction of official business by any agency.
ARTICLE XXII. SURVIVAL
All provisions of this Agreement intended to survive or to be performed subsequent to the end of
the period of this Agreement shall survive the termination of this Agreement.
Augusta Housing and Community Development Department Page 15
ARTICLE XXIII. SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and
their respective successors and assigns.
ARTICLE XXIV. HEADINGS
All article and descriptive headings of paragraphs in this Agreement are inserted for convenience
only and shall not affect the construction or interpretation hereof.
ARTICLE XXV. VENUE
This Agreement shall be construed under the laws of the State of Georgia.
ARTICLE XXVL JURY TRIAL WAIVER
Project Sponsor hereby waives any and all right it may have to a trial by jury of any issue arising
out of or related to this Agreement.
ARTICLE XXVIL SEVERABILITY
If any item or provision of this Agreement is held invalid or unenforceable by a court of
competent jurisdiction, the remainder of the Agreement shall not be affected and every other
term and provision of this Agreement shall be deemed valid and enforceable to the extent
permitted by law.
ARTICLE XXVIII. NOTICE AND GENERAL CONDITIONS
All notices which may be given pursuant to this Agreement shall be in writing and shall be
delivered by personal service or by certified mail return receipt requested addressed to the parties
at their respective addresses indicated below or as the same may be changed in writing from time
to time. Such notice shall be deemed given on the day on which personally served, or if by mail,
on the fifth day after being posted or the date of actual receipt, whichever is earlier.
Augusta Housing and Community Development Department Page 16
�
City of Augusta St. Stephens Ministry, Inc..
Housing Development Manager Executive Director — Hope E. Campbell
Augusta Housing & Community Dev. Dept. 922 Greene Street
925 Laney Walker Blvd., 2 Floor Augusta, Georgia 30901
Augusta, Georgia 30901
ARTICLE XXIX. MERGER CLAUSE
This Agreement together with the Exhibits hereto sets forth the entire agreement between the
parties and there are no promises or understandings other than those stated therein. Any and all
E�iibits referenced in this Agreement shall be deemed to be incorporated by reference as though
set forth in full herein. In the event of a conflict or inconsistency between this Agreement and the
provisions in the incorporated Exhibits, then this Agreement will prevaiL
ARTICLE XXX. ESTOPPEL/WAIVER
The failure of the City to enforce any term or condition of this Agreement shall not constitute a
waiver or estoppel of any subsequent violation of this Agreement.
[THE REMAlNDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
-- Signature Pages to Follow --
Augusta Housing and Community Development Department Page 17
Page �$
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and �Ommunl�
IN WITNESS HERETO, the parties have set their hands and seals as of the date first written
above
ATTEST: AUGUSTA, GEORGIA
(Grantee) �
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Clerk of Commission Frederick L. Russell
Administrator
Chester A. Wheeler, III
Director, AHCDD
ATTEST: ST. STEPHENS MINISTRY, 1NCORPORATED
Hope Campbell
Executive Director
Augusta Housing and Community Development Department Page 18
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Approved HOPWA Budget
St. Stephen's Ministry of Augusta
Categories Approved Budget
Short-Term, Rent, Mortgage and Utilities i 5,�0�.Q0
Operating 5 �, 770 ��
Activities, Salaries, Fringe 205 730.��
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Supportive Services 30 530.00
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Administration (must not exceed 7% of project 12,���.��
cost)
Total 314,030.00
Augusta Housing and Community Development Department Page 19