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HomeMy WebLinkAboutFISCAL YR 2012 ANNUAL ACTION PLANThe Honorable Deke Copenhaver Mayor Augusta- Richmond County Consolidated Government Municipal Building 530 Greene Street, Suite 806 Augusta, GA 30911 Dear Mayor Copenhaver: U. S. Department of Housing and Urban Development Regional Administrator Region IV APR 1 9 2012 HUD's mission is to increase homeownership, support community development and increase access to affordable housing free from discrimination. wwor (C I am pleased to transmit to you the approval of your Fiscal Year 2012 Annual Action Plan. The grant assistance that is being approved with the Annual Action Plan at this time is as follows: Community Development Block Grant (CDBG) Program $1,723,227 HOME Investment Partnerships (HOME) Program $766,812 Emergency Solutions Grants (ESG) Program $176,697 Housing Opportunities for Persons With AIDS (HOPWA) Program $425,840 This represents a total allocation for the City of Augusta in the amount of $3,092,576. The City's 2012 program year began on January 1, 2012. Enclosed for your signature are two copies each of the CDBG Funding/Approval Agreement (HUD 7082), Funding Approval and HOME Investment Partnerships Agreement, (HUD 40093), the ESG Program Grant Agreement, and the HOPWA Grant Agreement. These Agreements constitute the contracts between the Department of Housing and Urban Development and the City of Augusta, Georgia. You should note the special conditions included in the CDBG Agreement (Item 8) and in the HOME Agreement (Item 9). Please execute the Agreements, retain one copy for your records, and return one copy to the Atlanta Office of Community Planning and Development. Failure to execute and return the Grant Agreements within 60 days of the date of this letter may be deemed to constitute rejection of the grants and cause for HUD to determine that the funds are available for reallocation to other grantees. In addition to the Grant Agreements, we have also enclosed a copy of the "Annual Action Plan Advice and Guidance" that is applicable to the various programs. ESG Grantees should note that although we are executing the grant agreement at this time for 2012, Grantees may not draw ESG funds until the substantial amendment has been submitted and approved. Five Points Plaza • 40 Marietta Street • Atlanta, GA 30303 -2806 • www.hud.gov • espanol.hud.gov Also, Grantees should note the "Important reminder regarding the FY2012 ESG grant funds for local governments ", which is enclosed. In addition, enclosed for your use are two forms that you will need: (1) The ESG Expenditures Tracking Form, and (2) The Essential Services Waiver template. The ESG Expenditures Tracking Form is a supplement reporting the use of ESG Funds for monitoring and annual reporting. This form should be used until we complete the development of an IDIS report to track those expenditures. As a HOPWA grantee, the City should further note the revisions to the HOPWA Grant Agreement requiring the City to ensure that Project Sponsors agree to either obtain a certificate of completion of Online Financial Management Training of its employees, or to demonstrate financial management capacity to carry out the provisions at 24 CFR 85.20 (see paragraph 5). We appreciate the efforts by you and your staff in the preparation and submission of your Fiscal Year 2012 Annual Action Plan. We look forward to working with you during the year to accomplish the goals you have set forth for the City. In the meantime, if you have any questions or desire assistance concerning this letter or other items related to the community development programs, please contact Mary H. Presley, Director, Atlanta Office of Community Planning and Development, at (678) 732 -2545. Enclosures cc: Mr. Chester Wheeler (w /enclosures) Mr. Fred Russell (w /o enclosures) Sincerely, ‚ 'p p d Je r.Jr. Regional Administrator 2 Title Director, Office of Community fanning and Development Title Signatur f Date (mm /d• yyyy) Signature Date (mm/dd/yyyy) 7. Category of Title I , •.is ance for this Fund g Ac • (check only one) 8. Specia Cond` (check one) ❑ None ons 9a. Date HUD Received Submission (mm /ddl 11 10. check one PP Amendment Amendment Number a 0 a. Entitlement, Sec 106(b) 9b. Date G e i aige ( mm/dd) Notified 1 9 201.2 of Program Year 01/01/2012 ❑ b. ❑ b. State - Administered, Sec 106(d)(1) ❑ c. HUD - Administered Small Cities, Sec 106(d)(2)(B) ❑ d. Indian CDBG Programs, Sec 106(a)(1) ❑ e. Surplus Urban Renewal Funds, Sec 112(b) ❑ f. Special Purpose Grants, Sec 107 ❑ g. Loan Guarantee, Sec 108 0 Attached 9c. Date of Start (mm /dd /yyyy) 11. Amount of Community Development Block Grant FY ( 12 ) FY ( ) FY ( ) a. Funds Reserved for this Grantee $1,723,227 b. Funds now being Approved $1 ,723,227 c. Reservation to be Cancelled (11a minus 11b) 12a. Amount of Loan Guarantee Commitment now being Approved N/A 12b. Name and complete Address of Public Agency N/A Loan Guarantee Acceptance Provisions for Designated Agencies: The public agency hereby accepts the Grant Agreement executed by the Department of Housing and Urban Development on the above date with respect to the above grant number(s) as Grantee designated to receive loan guarantee assistance, and agrees to comply with the terms and conditions of the Agreement, applicable regulations, and other requirements of HUD now or hereafter in effect, pertaining to the assistance provided it. 12c. Name of Authorized Official for Designated Public Agency N/A Title N/A Signature Funding Approval /Agreement Title I of the Housing and Community Development Act (Public Law 930383) Hl- 00515R of 20515R 1. Name of Grantee (as shown in item 5 of Standard Form 424) City of Augusta, Georgia 3a. Grantee's 9 -digit Tax ID Number: 58- 2204274 3b. Grantee's DUNS Number: 073438418 5a. Project/Grant No. 1 B- 12 -MC -13 -0003 5b. Project/Grant No. 2 5c. Project/Grant No. 3 6c. Amou 2. Grantee's Complete Address (as shown in item 5 of Standard Form 424) 530 Greene Street Augusta, Georgia 30911 Grant Agreement: This Grant Agreement between the Department of Housing and Urban Development (HUD) and the above named Grantee is made pursuant to the authority of Title 1 of the Housing and Community Development Act of 1974, as amended, (42 USC 5301 et seq.). The Grantee's submissions for Title 1 assistance, the HUD regulations at 24 CFR Part 570 (as now in effect and as may be amended from time to time), and this Funding Approval, including any special conditions /addendums, constitute part of the Agreement. Subject to the provisions of this Grant Agreement, HUD will make the funding assistance specified here available to the Grantee upon execution of the Agreement by the parties. The funding assistance specified in the Funding Approval may be used to pay costs incurred after the date specified in item 4 above provided the activities to which such costs are related are carried out in compliance with all applicable requirements. Pre - agreement costs may not be paid with funding assistance specified here unless they are authorized in HUD regulations or approved by waiver and listed in the special conditions to the Funding Approval. The Grantee agrees to assume all of the responsibilities for environmental review, decision making, and actions, as specified and required in regulations issued by the Secretary pursuant to Section 104(g) of Title 1 and published in 24 CFR Part 58. The Grantee further acknowledges its responsibility for adherence to the Agreement by sub - recipient entities to which it makes funding assistance hereunder available. U.S. Department of Housing and Urban Development (By Name) Mary H. Presley HUD Accounting use Only Batch TAC Program Y A Reg Area 1 1 5 7 3 6 Date Entered PAS (mm /ddlyyyy) Y Y U.S. Department of Housing and Urban Development Office of Community Planning and Development Community Development Block Grant Program Grantee Name Document No. Project Number Category Project Number Project Number City of Augusta, Georgia Amount Amount Amount 24 CFR 570 OMB Approval No. 2506 -0193 (exp 1/31/2015) 4. Date use of funds may begin (mm /dd /yyyy): 01/01/2012 6a. Amount Approved $1,723,227 6b. Amount Approved nt Approved Effective Date (mm/dd /yyyy) F Date Entered LOCCS (mm /dd/yyyy) Batch Number Transaction Code Entered By Verified By form HUD -7082 (11/10) E.O. 12372 CDBG SPECIAL CONTRACT CONDITION WATER OR SEWER FACILITIES Notwithstanding any other provision of this agreement, no funds provided under this agreement may be obligated or expended for the planning or construction of water or sewer facilities until receipt of written notification from HUD of the release of funds on completion of the review procedures required under Executive Order E.O. 12372, Intergovernmental Review of Federal Programs, and HUD's implementing regulations at 24 CFR Part 52. The recipient shall also complete the review procedures required under E.O. 12372 and 24 CFR Part 52 and receive written notification from HUD of the release of funds before obligating or expending any funds provided under this agreement for any new or revised activity for the planning or construction of water or sewer facilities not previously reviewed under E.O. 12372 and implementing regulations. ADDENDUM TO GRANT AGREEMENT FOR CDBG PROGRAM In addition to the conditions contained on form HUD 7082, the grantee shall comply with requirements established by the Office of Management and Budget (OMB) concerning the Dun and Bradstreet Data Universal Numbering System (DUNS), the Central Contractor Registration (CCR) database, and the Federal Funding Accountability and Transparency Act, including Appendix A to Part 25 of the Financial Assistance Use of Universal Identifier and Central Contractor Registration, 75 Fed. Reg. 55671 (Sept. 14, 2010)(to be codified at 2 CFR part 25) and Appendix A to Part 170 of the Requirements for Federal Funding Accountability and Transparency Act Implementation, 75 Fed. Reg. 55663 (Sept. 14, 2010)(to be codified at 2 CFR part 170). Addendum to form HUD 1. Name of Grantee (as shown in item 5 of Standard Form 424) City of Augusta, Georgia 2. Grantee's 9 -digit Tax ID Number 58- 2204274 3. Grantee's DUNS Number: 073438418 4. Grantee's Complete Address (as shown in item 5 of Standard Form 424) 530 Greene Street Augusta, Georgia 30911 Grant Agreement: This Grant Agreement between the Department of Housing and Urban Development (HUD) and the above named Grantee is made pursuant to the authority of Subtitle B of Title IV of the McKinney -Vento Homeless Assistance Act (42 U.S.C. 11371 et seq.). The Grantee's submissions under 24 CFR Part 91 that pertain to this Grant, the HUD regulations at 24 CFR Part 576 (as now in effect and as may be amended from time to time), and any special conditions attached to this Grant Agreement constitute part of this Grant Agreement. The Grantee shall also comply with the Office of Management and Budget requirements for Universal Identifier and Central Contractor Registration at 2 CFR Part 25, Appendix A to Part 25 —Award Term. Subject to the provisions of this Grant Agreement, HUD will make the Grant available to the Grantee upon execution of the Grant Agreement by the Grantee and HUD. The Grant may be used to pay costs incurred after the date specified in item 8 below, provided the activities to which the costs are related are carried out in compliance with all applicable requirements. 5. Special Conditions (check one): X none U Attached 6a. Date HUD Received Grantee's Annual Submission under 24 CFR Part 91 (mm/dd/yyyy) 11/15/2011 6b. Date Grantee Notified: (mm /dd/yyyy) 2012 L A PR 1 9 Z 7. Date of Start of Grantee's Program Year (mm /dd/yyyy) 01/01/2012 8. Date Use of Funds May Begin (the later of the date in 6a and the date in 7) (mm /dd /yyyy) 01/01/2012 9. Funding Approval (check one): XOriginal U Amendment 10. Amount of Emergency Solutions Grant: $176,697 10a. Funds Reserved for this Grantee $176,697 10b. Funds Now Being Approved $176,697 10c. Reservation to be Cancelled (10a minus 10b) $ 11. Name and Complete Address of Department Designated to Administer the Grant 11a. Name of Authorized Official 11 b. Title 11c. Phone Number 11d. Fax Number 11e. E -mail Address 12. U.S. Department of Housing and Urban Development Atlanta Office of Community Planning and Development 13. Grantee Name City of Augusta, Georgia 12a. Name of Authorized Official Mary H. Presley 13a. Name of Authorized Official 12b. Title Director °t1 13b. Title 12c. Si A-14„/ dture 7., l 13c. Signature 12d. ate (mm /dql/ yy{ / ) / /// ` "► t) f1 t ! 7 1 ` ! - i_- 13d. Date (mm /dd /yyyy) Grant Agreement Subtitle B of Title IV of the McKinney -Vento Homeless Assistance Act, 42 USC 11371 et seq. Grant Number: E- 12 -MC -13 -0004 U.S. Department of Housing and Urban Development Office of Community Planning and Development Emergency Solutions Grants Program INSTRUCTIONS FOR FY2012 GRANT AGREEMENT FORM Grant Number: Fill in the grant number for the recipient's FY2012 ESG grant, which has "E" as an initial letter identification denoting the Emergency Solutions Grants program. The grant number can be found in IDIS. Block 1: Locate the recipient's name on item 5 of Standard Form 424 (SF -424) and enter it in block 1. The recipient must be the City, State, County, or Territory government, not a department, agency or instrumentality of that government. Block 2: Enter the recipient's 9 -digit Tax ID Number (TIN) in block 2. Block 3: Enter the recipient's DUNS number in block 3. Block 4: Locate the recipient's complete address on item 5 of the SF -424 and enter it in block 4. Block 5: If there are any special conditions to the recipient's FY2012 Grant Agreement, check the box for "Attached" in block 5 and ensure that all applicable documentation is attached to the grant agreement. If there are no special conditions to the recipient's FY2012 Grant Agreement, check the box for "None" in block 5. Block 6a: Enter the date on which the recipient submitted the applicable annual submission (i.e. FY2012 Annual Action Plan) in block 6a (MM/DD /YYYY). Block 6b: Enter the date on which the field office notified the grantee that the applicable annual submission (i.e. FY2012 Annual Action Plan) was approved in block 6b (MM/DD /YYYY). Block 7: Enter the date on which the recipient's program year starts in block 7 (MM/DD /YYYY). Block 8: Enter the date which is the later of the date in block 6a and the date in block 7 in block 8 (MM /DD /YYYY). Page 2 of 3 Block 9: If this is the initial grant agreement for the recipient's FY2012 grant, check the box for "Original" in block 9. If this is an amendment to the grant agreement for the FY2012 grant, check the box for "Amendment" in block 9. Block 10: In block 10, enter the total funds awarded under the fiscal year grant. Block 10a: In block 10a, enter the allocation amount or, if applicable, the reallocation amount. The allocation amount for FY2012 can be found in GMP or on the HUD website at: http: / /www.hud.aov/ offices /cpd/about/budget /budget 12/ Block 10b: In block lOb, enter the amount of funds now being awarded to the recipient. Block 10c: Enter the amount of funds allocated but not awarded to the recipient (the amount of funds entered in block 10b subtracted from the amount of funds entered in block l0a). Block 11: Enter the name and address of the specific department designated to administer the FY2012 ESG grant in block 1 1. Page 3 of :3 Block 1 l a: Enter the name of the authorized official of the department authorized to administer the grant in block I I a. The authorized official is the person who is duly authorized to administer the FY2012 ESG grant. Block 11 b: In I lb. enter the title of the authorized official (for example, the Director of Human Services, the Director of Housing, etc.) Blocks 1 lc -e: Enter the applicable contact information of the authorized official in blocks 11c -e. Block 12: Enter the field office's name in block 12. Block 12a: Enter the name of the CPD director in block 12a. Block 12b: Enter the title of the CPD director in block 12b. Block 12c: The CPD director signs in block 12c. Block 12d: In block 12d, enter the date on which the CPD director signed in block 12c. Block 13: Enter the recipient's name in block 13 (the name should match block I of the grant agreement). Block 13a: Enter the name of the authorized official for the recipient in block 13a. This official must be duly authorized to sign this agreement on behalf of the recipient government and legally bind the recipient government to the terms of this agreement (for example, the governor, mayor, or county executive). Block 13b: Enter the title of the authorized official for the recipient in block 13b. Block 13c: Leave block 13c blank to be signed by the recipient's authorized official. Block 13d: Leave block 13d blank to be dated by the recipient's authorized official when he'or she signs the agreement. Funding Approval and HOME Investment Partnerships Agreement Title II of the National Affordable Housing Act 1. Participant Name and Address City of Augusta, Georgia 530 Greene Street Augusta, Georgia 30911 6. Previous Obligation (Enter "0" for initial FY allocation) a. Formula Funds b. Community Housing Development Org. (CHDO) Competitive 7. Current Transaction (+ or -) 1. CHDO (For deobligations only) 2. Non- CHDO (For deobligations only) b. CHDO Competitive Reallocation or Deobligation (see #18 below) 8. Revised Obligation a. Formula Funds b. CHDO Competitive Reallocation 9. Special Conditions (check applicable box) ❑ Not applicable ® Attached 11. For the U.S. Department of HUD (Name and Title of Authorized Official) Mary H. Presley, Director, Atlanta Office of CPD 14. For the Participating Jurisdiction /Entity (Name and Title of Authorized Official) 17. Check one: ® Initial Agreement 18. Funding Information: HOME Source of Funds Appropriation Code ❑ Amendment # PAS Code Amount $ U.S. Department of Housing and Urban Development Office of Community Planning and Development Public reporting burden for this collection of information is estimated to average 1 hour per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. This agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless that collection displays a valid OMB control number. The HOME statute imposes a significant number of data collection and reporting requirements. This includes information on assisted properties, on the owners or tenants of the properties, and on other programmatic areas. The information will be used: 1) to assist HOME participants in managing their programs; 2) to track performance of participants in meeting fund commitment and expenditure deadlines; 3) to permit HUD to determine whether each participant meets the HOME statutory income targeting and affordability requirements; and 4) to permit HUD to determine compliance with other statutory and regulatory program requirements. This data collection is authorized under Title II of the Cranston - Gonzalez National Affordable Housing Act or related authorities. Access to Federal grant funds is contingent on the reporting of certain project- specific data elements. Records of information collected will be maintained by the recipients of the assistance. Information on activities and expenditures of grant funds is public information and is generally available for disclosure. Recipients are responsible for ensuring confidentiality when public disclosure is not required. 2. Participant Number M 12 -MC 130206 3. Tax Identification Number 58- 2204274 4. Appropriation Number $0 $0 $0 $0 $0 $0 $0 4. DUNS Number 073438418 5. FY (yyyy) 2012 $0 OMB Approval No. 2506 -0171 (Exp. 12/31 /2012) $766,812 $0 10. Date of Obliga 'o Congressional Release Date) (mm /dd /YYYY) 1W 1 9 20 1 2 y ign 1 atur e . - 1 ature This Agreement between the Department of Housing and Urban Development (HUD) and the Participating Jurisdiction /Entity is made pursuant to the authority of the HOME Investment Partnerships Act (42 U.S.C. 12701 et seq.). The Participating Jurisdiction's /Entity's approved Consolidated Plan submission /Application and the HUD regulations at 24 CFR Part 92 (as is now in effect and as may be amended from time to time) and this HOME Investment Partnership Agreement, form HUD - 40093, including any special conditions, constitute part of this Agreement. Subject to the provisions of this Agreement, HUD will make the funds for the Fiscal Year specified, available to the Participating Jurisdiction /Entity upon execution of this Agreement by the parties. All funds for the specified Fiscal Year provided by HUD by formula reallocation are covered by this Agreement upon execution of an amendment by HUD, without the Participating Jurisdiction's execution of the amendment or other consent. HUD's payment of funds under this Agreement is subject to the Participating Jurisdiction's /Entity's compliance with HUD's electronic funds transfer and information reporting procedures issued pursuant to 24 CFR 92.502. To the extent authorized by HUD regulations at 24 CFR Part 92, HUD may, by its execution of an amendment, deobligate funds previously awarded to the Participating Jurisdiction/Entity without the Participating Jurisdiction's/Entity's execution of the amendment or other consent. The Participating Jurisdiction/Entity agrees that funds invested in affordable housing under 24 CFR Part 92 are repayable when the housing no longer qualifies as affordable housing. Repayment shall be made as specified in 24 CFR Part 92. The Participating Jurisdiction agrees to assume all of the responsibility for environmental review, decision making, and actions, as specified and required in regulation at 24 CFR 92.352 and 24 CFR Part 58. The Grantee shall comply with requirements established by the Office of Management and Budget (OMB) concerning the Dun and Bradstreet Data Universal Numbering System (DUNS), the Central Contractor Registration (CCR) database, and the Federal Funding Accountability and Transparency Act, including Appendix A to Part 25 of the Financial Assistance Use of Universal Identifier and Central Contractor Registration, 75 Fed. Reg. 55671 (Sept. 14, 2010) (to be codified at 2 CFR part 25) and Appendix A to Part 170 of the Requirements for Federal Funding Accountability and Transparency Act Implementation, 75 Fed. Reg. 55663 (Sept. 14, 2010) (to be codified at 2 CFR part 170). l f E to 1 n 2012 16. Date / / Page 1 of 1 form HUD -40093 *Special Conditions HOME funds used for projects not completed within 4 years of the commitment date, as determined by a signature of each party to the agreement shall be repaid, except that the Secretary may extend the deadline for 1 year if the Secretary determines that the failure to complete the project is beyond the control of the participating jurisdiction. No HOME funds may be committed to any project unless each participating jurisdiction certifies that it has conducted an underwriting review, assessed developer capacity and fiscal soundness, and examined neighborhood market conditions to ensure adequate need for each project. Any homeownership units funded with HOME funds which cannot be sold to an eligible homeowner within 6 months of project completion shall be rented to an eligible tenant. No HOME funds may be awarded for development activities to a community housing development organization that cannot demonstrate that it has staff with demonstrated development experience. Page 2 of 2 form HUD -40093 Grant No. GAH12F002 Official Contact Person: Chester Wheeler Telephone No.: (706) 821 -1797 FAX No.: (706) 821 -1784 Email No.: cwheeler @augustaga.gov Tax ID No.: 58- 22042724 Unit of Government ID No.: 073438418 Performance Grant Agreement HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS PERFORMANCE GRANT AGREEMENT FOR FISCAL YEAR 2012 This Performance Grant Agreement ( "Agreement ") is made by and between the United States Department of Housing and Urban Development ( "HUD ") and the City of Augusta, Georgia ( "Grantee "). 1. Background; Purpose This Agreement is authorized by the AIDS Housing Opportunity Act ( "Act "), 42 U.S.C. §§ 12901 et seq. Pursuant to the Act, HUD codified implementing regulations for the Housing Opportunities for Persons With AIDS ( "HOPWA ") program at 24 C.F.R. part 574 ( "Regulations "). The Regulations set forth the terms and conditions under which applicants can apply for and receive HOPWA grants. The Grantee has applied for, and HUD has approved, a HOPWA formula grant. The purpose of this Agreement is to set forth the terms and conditions under which HUD will provide funds to the Grantee. 2. Approved Grant Amount, Activities, and Uses of Funds By execution of this Agreement in the space provided below, HUD agrees, subject to the terms prescribed herein, to provide a HOPWA formula grant to the Grantee in the amount of $425,840 ( "Grant" or "Grant Funds "). Grant Funds shall be used to carry out activities set forth in the Act and Regulations, and more readily described in the Consolidated Plan that was prepared, submitted and approved in accordance with Consolidated Submission for Community Planning and Development Programs regulations at 24 C.F.R. part 91 ( "Approved Application "), as applicable to the HOPWA program. 3. Regulations; Approved Application This Agreement shall be governed and controlled by the Act, the Regulations, program directives, and any other applicable federal requirements, including those set forth in Executive Orders and Office of Management and Budget Circulars, as currently established and may be amended from time to time. The Approved Application, in addition to any certifications, assurances, information and documentation required to meet award conditions, are hereby incorporated into this Agreement. Unless the context otherwise requires, any reference to this Agreement shall be deemed to include the Act, the Regulations and the Approved Application. Whenever the terms of the Agreement, Approved Application or any other document used in connection with the Grant conflict with the terms provided herein, this Agreement shall control. 4. Subgrants The Grantee shall ensure that, when making a subgrant, herein defined as an award of financial assistance made under this Grant to eligible nonprofit organizations or housing agencies of a State or unit of general local government ( "Project Sponsors ") via contractual agreement, Project Sponsors are aware of requirements imposed upon them by federal statutes and implementing regulations. Project Sponsor contracts should include any clauses required by this Agreement and any other applicable federal requirements, including those set forth in Executive Orders and Office of Management and Budget Circulars. 5. Financial Management, Release, Expenditure of Grant Funds, and Drawdowns. a. Within 90 days of the date of execution of this Agreement, the Grantee agrees, and will ensure that any Project Sponsor agrees, to either obtain a certificate of completion of HOPWA Financial Management Online Training (http: / /www.hudhre. info / index. cfm? do= viewHopwaFinancialTraining.) by at least one of its employees, or to demonstrate financial management capacity to carry out the provisions 24 C.F.R. 85.20. b. The Grantee agrees, and will ensure that any Project Sponsor agrees, that it will not make a commitment or expenditure of Grant Funds to acquire, rehabilitate, convert, lease, repair, dispose of, demolish, or construct property for a HOPWA- assisted project until the responsible entity has completed the environmental review procedures required by 24 C.F.R. part 58 and the environmental certification and Request for Release of Funds have been approved. c. To ensure that Grant Funds are expended and disbursed in a timely manner, the Grantee shall draw down Grant Funds not less than quarterly. The Grantee agrees, and will ensure that any Project Sponsor agrees, to make timely payments to each subrecipient upon request, provided the requesting subrecipient is in compliance with program requirements. A request by the Grantee to draw down Grant Funds under the Voice Response Access system or any other payment system constitutes a representation by the Grantee that it and all participating parties are in compliance with the terms of this Agreement. 6. Pre -award Costs and Fees a. Pre -award costs may not be incurred prior to the date of execution of this Agreement unless such costs would have been allowable if incurred after the date of the award and HUD has given written approval to incur such costs. b. The Grantee agrees, and shall ensure that Project Sponsors agree, that no fees, excluding rent, will be charged to any eligible person for activities carried out under this award. 7. Amendments and Record - Keeping 2 a. This constitutes the entire agreement between HUD and the Grantee. This Agreement may not be amended except in a writing executed by authorized officials of HUD and the Grantee. When b. Amendments to the Grantee's approved Consolidated Plan shall comply with 24 C.F.R. 91.505. c. The Grantee shall maintain all programmatic records, including, but not limited to, the Approved Application, amendments to the Approved Application, voucher requests, deposit and expenditure receipts, participant and activity eligibility records, and any other documents required under this award, in its files for a period of not less than four years. In the case of participant eligibility records, the Grantee shall update records no less than annually. Upon reasonable notice, the Grantee shall make records available for audit or inspection by authorized representatives of HUD. 8. Performance By execution of this Agreement in the space provided below, the Grantee agrees, and will ensure that Project Sponsors agree, to: a. Operate the program in accordance with the Approved Application, the Regulations and other program requirements; c. Assure the adequate provision of supportive services to program participants, provided, however, that Grant Funds shall not be utilized for healthcare and related drug assistance when other amounts are available or designated by State or local governments; e. In the case of assistance involving assistance involving real property acquisition, dispose of such property in the manner provided for in 24 C.F.R. part 85; f. Comply with requirements established by the Office of Management and Budget (OMB) 3 requesting an amendment to this Agreement, the Grantee shall submit a letter of request to the address set forth in paragraph 10 and attach the proposed amendment(s) to the applicable page(s) of this Agreement. The effective date of any amendment to this Agreement shall be the date of execution by HUD. b. Conduct an ongoing assessment of the housing assistance and supportive services required by participants as identified in Individual Housing and Service Plans, including an annual assessment of their housing situation, a reevaluation of the appropriateness of rental subsidies or other support, and a report on annual results of program activities under the HOPWA client outcome goals for achieving stable housing, reducing risks of homelessness and improving access to healthcare and other support; d. In the case of assistance involving substantial rehabilitation or acquisition, maintain the assisted structure as a facility to provide short - term - supported housing or assistance for a period of not less than ten years, and in the case of assistance involving nonsubstantial rehabilitation or repair, maintain the assisted structure as a facility to provide short -term supported housing or assistance for a period of not less than three years, a Declaration of Restrictive Covenant for which shall be recorded pursuant to state and local law; concerning the Dun and Bradstreet Data Universal Numbering System (DUNS), the Central Contractor Registration (CCR) database, and the Federal Funding Accountability and Transparency Act, including Appendix A to Part 25 of the Financial Assistance Use of Universal Identifier and Central Contractor Registration, 75 Fed. Reg. 55671 (Sept. 14, 2010)(to be codified at 2 C.F.R. part 25) and Appendix A to part 170 of the Requirements for Federal Funding Accountability and Transparency Act Implementation, 75 Fed. Reg. 55663 (Sept. 14, 2010)(to be codified at 2 C.F.R. part 170). g. Commit any program income generated from grant- supported activities to the project or other HOPWA program activities under this Agreement; and h. Comply with such other terms and conditions as HUD may establish for purposes of carrying out the program in an effective and efficient manner. 9. Performance Reports In accordance with 24 C.F.R. part 91, the Grantee shall submit a Consolidated Annual Performance and Evaluation Report ( "CAPER ") that demonstrates its progress in carrying out its strategic plan and its action plan within 90 days after the close of each program year. The performance report must include the number of individuals assisted, the types of assistance provided, a description of the resources made available, the investment of available resources, the geographic distribution and location of investments, the families and persons assisted (including racial and ethnic status of persons assisted), and actions taken to further fair housing. 10. General HUD notifications to the Grantee under this Agreement shall be sent to the address set forth in the Approved Application, unless the Grantee otherwise notifies HUD in writing. Grantee notifications, including notices of amendments to the Consolidated Plan and requests for amendments to this Agreement, shall be addressed to the appropriate field office, to wit: Department of Housing and Urban Development Atlanta Office of Community Planning and Development 40 Marietta Street, NW Atlanta, Georgia 30303 4 11. Defaults and Remedies A default shall occur when the Grantee materially fails to comply with program requirements. A default may consist of using Grant Funds other than as authorized by this Agreement, noncompliance with statutory, regulatory, or other requirements applicable to this HOPWA award, any other material breach of this Agreement, or any material misrepresentation, which, if known to HUD, would have resulted in the Grant Funds not being provided. If the Grantee fails to comply with any term of this award, HUD may: a. Temporarily withhold further payments pending corrective action by the Grantee or Project Sponsor; b. Disallow all or part of the cost of an activity or action not in compliance; c. Wholly or partly suspend or terminate the current award for the Grantee's or Subgrantee's program; d. Withhold further awards for the HOPWA program; e. Reduce or recapture Grant Funds; f. Require the Grantee to reimburse program accounts with non- Federal funds for the amount of ineligible costs; or g. Take 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. Nothing in this paragraph shall limit any remedies otherwise available to HUD in the case of a default by the Grantee. No delay or omissions by HUD in exercising any right or remedy available to it under this Agreement shall impair any such right or remedy or constitute a waiver or acquiescence in any Grantee default. The Grant may be terminated for convenience when both parties agree that the continuation of the award would not produce beneficial results. 5 THE UNDERSIGNED, as authorized officials on behalf of HUD and the Grantee, have executed this Agreement, which shall be effective as of the date of execution hereof on behalf the Secretary: UNITED STATES OF AMERICA Department of Housing and Urban Development By: The Secretary By: Mary H. P s y (Signature Director, Atlanta Office of Community Planning and Development (Title) (� (Date) GRANTEE By: City of Augusta, Georgia On behalf of the Augusta- Richmond County, Georgia — South Carolina Eligible Metropolitan Statistical Area By: J 4 � (Signature and Title of Authorized Official)