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HomeMy WebLinkAboutAGREEMENT BETWEEN AUGUSTA GA AND J W HELPING HANDS INC 2012 CDBG PROGRAM . , a ,,,.,, 4 � ` f �� � ��� AGitEEMENT BETWEEN AUGUSTA, GEORGIA AND j. W. C. HELPING HANDS, INC. 2012 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM This Agreement is made and entered into this 1�` day of January, 2012, by and between Augusta, Georgia, by and through the Augusta, Georgia Commission, as the Implementer of the Community Development Block Grant Program (hereinafter referred to as "Grantee"), and j. W. C. HELPING HANDS, 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 WHEREAS, the Grantee wishes to engage the Subrecipient to assist the Grantee in utilization of such funds; WHEREAS, the Subrecipient acknowledges and agrees to compiy with all relevant Federal and applicable Local guidelines related to the administration of this Agreement; NOW, THEREFORE, it is agreed between the parties hereto as follows: ARTICLE I. DEFINfTIONS AND IDENTIFICATIONS Unless otherwise specified, the following terms used herein shall be defined as listed below in this Article I. Act Means Title I of the Housing and Community Development Act of 1974, as amended (42 U.S.C. 5301 et seq.). Annual P{an The one-year portion of a Participating Jurisdiction's Consolidated Plan (see definition of "Consolidated Plan"). It includes the PJ's annual application for HOME, HOPWA and ESG funds. Business Concern Means businesses that can provide evidence that they meet one of the following: a) 51 percent or more owned by Section 3 residents; or b) At least 30 percent of its full time employees include persons that are currentiy Section 3 residents, or within three years of the date of first employment with the business concern were Section 3 residents; or c) Provides evidence, as required, of a commitment to subcontract in excess of 25 percent of the dollar award of all subcontracts to be awarded to business concerns that meet the qualifications in the above two paragraphs. Consolidated Plan A document written by a State or local government describing the housing needs of the low- and moderate- income residents, outlining strategies to meet the needs and listing all resources available to implement the strategies. This document is required to receive HUD Community Planning and Development funds. Communitv Development Block Grant (CDBG1 Pro�ram or Pro�ram The term "Community Development Block Grant (CDBG) Program", or "Program" shall mean that program administered by the Augusta, Georgia Housing and Community Development Department funded by a Community Development Block Grant. Such grant shall be that which has been applied for by Augusta, Georgia, and awarded by the U.S. Department of Housing and Urban Development (HUD) as authorized 1 . Participatin� lurisdiction The term given to any State or local government that HUD has designated to administer a CDBG Program. HUD designation as a PJ occurs if a State or local government meets the funding thresholds, notifies HUD that it intends to participate in the program, and obtains approval by HUD of a Consolidated Plan. Personal Property Property of any kind except real property. It may be tangible, having physical existence, or intangible, having no physical existence, such as copyrights, patents, or securities. Proiect The term "Project" shall mean the objective established for the expenditure of CDBG funds as set forth in Article III hereto entitled "Scope of Services and Timetable." Small Business Means a business that meets the criteria set forth in Section 3(a) of the Small Business Act, as amended (15 U.S. C. 632), and "Minority and Women's Business Enterprise" shall mean a business at least fifty-one percent (51%) percent owned and controlled by minority group members or women. For the purposes of this definition section, the following terms shall be defined as follows: "minority group members" shall mean are African-Americans, Spanish-speaking, Spanish surnamed or Spanish-heritage Americans, Asian- Americans and American Indians. . The Subrecipient may reiy on written representations by businesses regarding their status as Minority and Women Business Enterprises. Subrecipient A pubfic agency or nonprofit organization selected by a participating jurisdiction to administer all or a portion of the participating jurisdiction's CDBG Program. A public agency or nonprofit organization that receives CDBG funds solely as a developer or owner of housing is not a subrecipient. U.S.C. United States Code, "the codification by subject matter of the general and permanent laws of the United States," ARTICLE II: PREAMBLE In order to establish the background, context and frame of reference for this Agreement and to manifest the objectives and the intentions of the respective parties herein, the following statements, representations and explanations are set forth. Such statements, representations and exp{anations shall be accepted as conditions precedent for the undertakings and commitments included within the following provisions. These statements, representations, and explanations may be relied upon by the parties as essential elements of the mutual considerations upon which this Agreement is based. A. Titfe I of the Housing and Community Devefopment Act of 1974, P. L. 93-383 (hereinafter the "Act") consolidated several existing programs for Community Development into a single program of Community Development Block Grants (hereinafter "CDBG") for the purpose of allowing local discretion in the determination of needs and prioritization of community development. The Mayor, Augusta, Georgia Commission and the citizens of Augusta, Georgia through citizen participation workshops have determined the needs and prioritization of community development in Augusta, Georgia. 3 , With copy to: Housing and Community Development Department Attention: Chester A. Wheeler, I11, Director 925 Laney-Walker BouVevard, 2" Floor Augusta, Georgia 30901 If to Subrecipient: J.W.C. Helping Hands, Inc. Attention: Vefma D. Harris, Director 2050 Bolt Drive Augusta, GA 30901 ARTICLE V: GENERAL CONDITIONS A. General Compliance The Subrecipient agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 [the U. S. Housing and Urban Development regulations concerning Community Development Block Grants (CDBG)] including subpart K of these regulations, 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 supp{ant funds otherwise available. B. Independent Contractor Nothing in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/empioyee 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, because the Subrecipient is an Independent Contractor. C. Hold Harmless The Subrecipient shall hold harmless, defend and indemnify the Grantee, and its employees and agents from any and all liabilities, demands, damages, losses, ctaims, actions, suits, charges, judgments and expenses, including attorney's fees, that arise out of the Subrecipient's performance or nonperformance of the services or subject matter as required 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. 5 , G. Amendments 1. The Grantee or Subrecipient may amend this Agreement at any time provided that such amendments make specific reference to this Agreement; 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 cancel or invalidate this Agreement, nor relieve or release the Grantee or Subrecipient from its obligations under this Agreement. 2. Further it is understood that the Grantee is responsible to HUD for the administration of funds, Grantee 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 V and such notification shall constitute an official amendment to this Agreement. 3. The Subrecipient shall submit to the Grantee within thirty (30) days of the completion of each Project a complete financial accounting of all its project activities. 4. The Department's Director shall be authorized to approve fine item changes to the Subrecipient's budget provided that such changes do not increase in the grant amount set forth in the Project's overall 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, as it deems necessary. If such amendments result in a change (i) in the funding, (ii) the scope of services, or (iii) schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated oniy by written amendment signed by both the Grantee and Subrecipient. 6. The Subrecipient shall be allowed only one amendment to this Agreement. No amendment will be granted to extend the agreement beyond the established end date of the 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, including, but not fimited to the following: a) Failure to comply with any of the rules, regulations or provisions referred to herein, or such . statues, 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 of materially incorrect or incomplete. � c) All Grant funds disbursed through a Community Development Block Grant shali be used onty 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 (i) the Subrecipient does not comply with the conditions and/or timetables; (ii) the Subrecipient ceases to exist; or (iii) Subrecipient ceases to provide the services for which the Grant was made, the Subrecipient shall be in default. If the Subrecipient is deemed to be in default, the Subrecipient will not be authorized to carry out another CDBG eligible project. In the event of default, the Grantee may exercise any rights or remedies provided in this Agreement. B. Documentation and Recordkeeping 1. Records to be Maintained The Subrecipient shall maintain all records required by the Federal regulations specified in 24 CFR 570.506, which are pertinent to the activities to be funded under this Agreement. Such records shall include, but not be limited to: a) Records providing a full description of each activity undertaken; b) Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program; c) Records required to determine the eligibifity of activities; d) Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; e) Records documenting compliance with the Fair Housing and Equal Opportunity components of the CDBG program; f) Financial records as required by 24 CFR 570.502 and 24 CFR 84.21-28; and other records necessary to document compliance with Subpart K of 24 CFR Part 570. 2. Retention The Subrecipient shall retain all financial records, supporting documents, statistical records, and atl other records pertinent to the Agreement for a period of five (5) years. The retention period begins on the submission date 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, in instances where involving any type of litigation, claims, audits, negotiations or other actions that invofve any of the records cited, which have started before the expiration of the five-year period, shall be retained until the 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 cfient eligibility for services provided. 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 9 . __ 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 CDBG funds for this project is approximatefy Zero Dollars ($0}. 2. Indirect Costs If indirect costs are charged, the Subrecipient will develop an Indirect Cost Allocation Plan for determining the Subrecipient's appropriate share of administrative costs. Subrecipient shall submit such plan to the Grantee for approval, by using a form to be 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 following information: (1) Subrecipient shall submit Monthfy Progress Reports for the Project by using the form attached hereto as Exhibit "E", detailing accomplishments for the report period and the number of participants, which will be listed separately according to race, sex and female head of household. Additionally, for each Program participant, the Subrecipient shall complete a Participant Income Eligibility Form by using the form attached hereto as Exhibit "D" which shall be submitted with Subrecipient's Monthly Progress Report. The Monthly Progress Report and Participant Income Eligibility Form must be included with all 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 of the grant cycle. (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 have the following attached: 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 laws and guidelines. b) 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. 11 Augusta enforces DBE requirements and/or DBE goals set by Federal and/or State Agencies in accordance with State and Federal laws. The U.S. District Court for the Southern District of Georgia has entered an Order enjoining the Race-Based portion of Augusta, Georgia's DBE Program. (A copy of this Order may be obtained at: http://www.augustaga.gov/index.aspx?NID=1448). Thus, Augusta, Georgia does not have or operate a Disadvantaged Business Enterprise (DBE), Minority Business Enterprise (MBE) or Women owned Business Enterprise (WBE) program for projects (or portions of projects) having Augusta, Georgia as the source of funding. 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 and 24 CFR 570.502, 570.503, and 570.504, as applicable, which include but are not limited to the following: 1. The Subrecipient shall transfer to the Grantee any CDBG funds on hand, and any accounts receivable attributable to the use of the funds under this Agreement at the time of expiration, cancellation, or termination. 2. Real property under the Subrecipient's control which was acquired or improved, in whole or in part, with the funds under this Agreement in excess of $25,000 shall be used to meet one of the CDBG National Objectives pursuant to 24 CFR 570.208 until five (5} years after expiration of this Agreement, or such longer period of time as the Grantee deems appropriate. 3. If the Subrecipient fails to use CDBG-assisted real property in a manner that meets a CDBG National Objective for the prescribed period of time, the Subrecipient shall pay the Grantee an amount equal to the current fair market value of the property, less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of or improvement to the property. Such payment shall constitute program income to the Grantee. The Subrecipient may retain real property acquired or improved under this Agreement after the expiration of the five-year period or such longer period of time as the Grantee deems appropriate. 13 by Executive Order 13279. The applicable Non-discrimination provisions in Section 109 of the Housing and Community Development Act also apply. 3. Land Covenants This Agreement is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P. L. 88- 352), 24 CFR 570.601 and 24 CFR 570.602. In regard to the sale, lease, or other transfer of (and acquired, cleared, or improved with assistance provided under this Agreement, the Subrecipient shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, which prohibits discrimination as herein defined, in the sale, lease, rental, use, or occupancy of such land, or in any improvements erected or to be erected thereon. Such covenant shall provide that the Grantee and the United States are beneficiaries of such covenant and are entitled to enforce such. The Subrecipient, in undertaking its obligation to carry out the program assisted hereunder, agrees to take such measures, as are necessary to enforce such covenant, and agree it will not so discriminate. 4. Section 504 The Subrecipient agrees to comply with all Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), which prohibits discrimination against individuals with disabilities or handicaps in any Federalfy Assisted Program. The Grantee shall provide the Subrecipient with all applicable guidetines necessary for compliance with said section throughout the term of this Agreement. B. U.S. President Executive Order 11246 1. Approved Plan The Subrecipient agrees that pursuant to the Grantee's specification, it shall be committed to carry out the principles provided in President's Executive Order 11246 of September 24, 1965. The Grantee shall provide program guidelines to the Subrecipient to assist in the formulation of such program, and the Subrecipient shall submit a plan for approval prior to the award of funds. 2. Women-and Minoritv-Owned Businesses (W/MBE) (24 CFR 570.610 & Part 84 applies) In accordance with 24 C.F.R. 570.610 and Part 84, the Subrecipient will use its best efforts to afford Small Businesses, Minority Business Enterprises and Women's Business Enterprises the maximum practicable opportunity to participate in the performance of this Agreement. As used in this Agreement, the terms "Small Business" shall mean a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S. C. 632), and "Minority and Women's Business Enterprise" shall mean a business at least fifty-one percent (51%) owned and controlled by minority group members or women. For purposes of this section, the following terms shall be defined as follows: "minority group members" shall mean African-Americans, Spanish-speaking, Spanish surnamed or Spanish-heritage Americans, Asian-Americans and American Indians. The Subrecipient may refy on written representations by businesses regarding their status as Minority and Women business Enterprises, in lieu of an independent investigation. 15 Hours and Safety Standards Act (40 U.S.C. 327 etseq.); and all other appiicable Federal State and Local laws and regulations pertaining to labor standards insofar as those acts apply to the ' performance of this Agreement. Further, the Subrecipient agrees to comply with the Copeland Anti-Kick Back Act (18 U.S.C. 8864 et seq.) and its implementing regulations of the U.S. Department of Labor at 29 CFR Part 5. The Subrecipient shal) maintain documentation that demonstrates compliance with the Hour and Wage requirements of said part. Such documentation shall be made available to the Grantee, upon request, f�r review. The Subrecipient agrees that, except with respect to the rehabilitation or construction of residential property containing less than eight (8) units, all Contractors engaged under contracts in excess of $2,000.00 for construction, renovation or repair work financed in whole or in part, with assistance provided under this Agreement, shall comply with Federal requirements adopted by the Grantee pertaining to such contracts. Further, said contractors shall compfy with applicable requirements of the regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5, and 7, governing the payment of wages and ratio of apprentices and trainees to journey workers, provided that, if wage rates higher than those required under the regulations are imposed by State or Local �aw, nothing hereunder is intended to relieve the Subrecipient of its obligation, if any, to require payment of the higher wage. The Subrecipient shall cause or require to be inserted provisions meeting the requirements of this paragraph in all such contracts subject to such regulations. 3. "Section 3" Clause a) Compliance Compliance with each of the following shall be a conditian of the Federal financial assistance provided under this Agreement and binding upon the Grantee, Subrecipient and any of the Subreceipient's subcontractors: the provisions of Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this Agreement. Failure to fulfill these requirements shall subject the Grantee, the Subrecipient and any of the Subrecipient's subcontractors and their successors and assigns, to sanctions specified by the agreement through which Federal assistance is provided. The Subrecipient certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. The Subrecipient further agrees to comply with the "Section 3" requirements and to include the following language in all subcontracts executed under this Agreement. "The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701J. Section 3 requires that to the greatest extent feasible, opportunities for training and employment be given to low and very low income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low and very /ow income persons residing in the metropolitan area in which the project is located." 1� EXHIBIT "A" SCOPE OF SERVICES AND TIMETABLE The Subrecipient will be responsible for administering the Eviction Prevention Program in a manner satisfactorily to the Grantee, according to and consistent with any standards required as a condition of providing these funds. Such program will include the following activities eligible under the Community Development Block Grant Program: J. SCOPE OF SERVICES A. Activities J.W.C. Helping Hands will provide food, supplies and rental/utility assistance to families at risk of eviction from public housing. Program Delivery J.W.C. Helping Hands will provide supplies and utility assistance to the increasing number of families at-risk of eviction due to non-compliance of the community service requirement for Public Housing residents, i.e., housekeeping, unpaid rent or utilities. The service area is 30901 and 30906 zip codes. All persons are low to very low income. The famifies this program serves are families with a continuing need for assistance. Most clients are single family head-of-household or elderly. J.W.C. Helping Hands will also distribute emergency food and personal hygiene products to homeless persons. The program will operate Monday, Wednesday and Friday from 10:00 a.m. until 4:00 p.m. The agency is also on call for emergency assistance throughout the week. General Administration The Board. of Directors manages the Subrecipient; The Executive Director manages the agency, finances, and programs; volunteers support the agency and clients. 6. NationalObiectives The Subrecipient certifies that the activity/activities carried out under this Agreement will meet the National Objective to benefit (ow and moderate income persons LOW MOD LIMITED CLIENTELE Subrecipient wilf ineet the requirements provided for in the regulations by requiring information on family size and income. This information will be used to ensure that clients are low to moderate income. C. LEVELS OF ACCOMPLlSHMENT — Goals and Performance Measures The Subrecipient agrees to provide the following levels of program services: Activity Units per Month Total Units/Year Eviction Prevention Program 50 600 25 IV. PAYMENT It is expressly agreed and understood that the total amount to be paid by the Grantee under this Agreement shall not exceed Four Thousand, Two Hundred Twenty-Four and fifty cents ( 4 224.50 . 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 84Z1. Subrecipient is also responsible for submitting to the Grantee each of the following: (i) monthly progress reports, (ii) time sheets (if applicable), (iii) mileage (if applicable), (iv) 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. z� EXHIBIT "C" REPORT SCHEDULE REPORT DUE DATE PERIOD COVERED Monthfy Progress Report 15` day of each month (1an. — Dec.) For Prior Months' Activities Annual Performance Report January 15, 2013, after year of Grant Period (Jan 1— Dec 31) grant period Audit or Financial Statement 30 days after receipt of Audit Subrecipient's audit period Report 30 _ _ _ _