Loading...
HomeMy WebLinkAboutAGREMENT BETWEEN AUGUSTA GA AND ACTION MINISTRIES YR 2012 EMERGENCY SOLUTIONS GRANT (ESG) PROGRAM (RE-PROGRAMMED FUNDS)AGREEMENT BETWEEN AUGUSTA, GEORGIA AND ACTION MINISTRIES, INC. FOR YEAR 2012 EMERGENCY SOLUTIONS GRANT (ESG) PROGRAM (RE- PROGRAMMED FUNDS) This Agreement made and entered into this f day of January, 2012, by and between Augusta, Georgia, by and through the Augusta, Georgia Commission, as the Implementor of the Emergency Solutions Grant Program (hereinafter referred to as "Grantee" or "Augusta ") and Action Ministries, Inc. (hereinafter referred to as the "Subrecipient "). WHEREAS, the Grantee has applied for and received funds from the United States Government under Title I of the Housing and Community Development Act of 1974, as amended (HCD Act), Public Law 93- 383 and implementing regulations set forth in Title 24 Code of Federal Regulations (CFR) Part 576, relating to Emergency Solutions Grants ("ESG"); and WHEREAS, Augusta, as an Entitlement Grantee for the ESG Program is responsible for the administration, implementation, planning and evaluation within its respective jurisdiction of the ESG Program and for the HUD Consolidated Plan; and WHEREAS, the purpose of the 2010 ESG Re- Programmed funds include the following: to help improve the quality of existing Emergency Shelters for the homeless; to help make available additional Emergency Shelters; to help meet the cost of operating Emergency Shelters; to help meet the costs of providing certain essential social services to homeless families and individuals, to ensure these persons have access to safe and sanitary shelter, supportive services and other kinds of assistance needed to attain self- sufficiency; and WHEREAS, the services which are funded by the ESG Program must benefit homeless individuals and families within the respective jurisdiction of Augusta, and in accordance with the income eligibility criteria provided for in the HUD Section 8 Guidelines; and WHEREAS, the Grantee desires to engage the Subrecipient to render certain services, programs, or assistance in connection with the afore mentioned undertakings of the Emergency Solutions Grant Program; NOW, THEREFORE, it is agreed between the parties hereto as follows: ARTICLE!. DEFINITIONS AND IDENTIFICATIONS Unless the context otherwise requires, the capitalized terms used herein, and not otherwise defined, shall have the meaning assigned to them in this Article I. Emergency Solutions Grant (ESG) Program The term "Emergency Solutions Grant Program" or "Program" shall mean that program administered by the Housing and Community Development Department of Augusta and funded by an Emergency Solutions Grant applied for by Augusta, and awarded by HUD as authorized pursuant to Subtitle B of title 1 1 2012, Action Ministries, Inc. Re- programmed Funds, Emergency Solutions Agreement IV of the McKinney -Vento Homeless Assistance Act and HUD's regulations at 24 CFR Part 576, as amended. Department The term "Department" shall mean the Housing and Community Development Department of Augusta. Grantee The term "Grantee" shall mean Augusta, Georgia as Grantee of the Emergency Solutions Grant awarded by HUD. HUD The term "HUD" shall mean the U.S. Department of Housing and Urban Development. Project The term "Project" shall mean the project or projects set forth in Exhibit A hereto entitled "Scope of Services and Timetable." Homeless The term "Homeless" or "homeless individual or homeless person" shall mean: (1) an individual who lacks a fixed, regular, and adequate nighttime residence; and (2) an individual who has a primary nighttime residence that is — (a) a supervised publicly or privately operated shelter designed to provide temporary living accommodations (including welfare hotels, congregate shelters and transitional housing for the mentally ill); (b) an institution that provides a temporary residence for individuals intended to be institutionalized; or (c) a public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings. The term "homeless" or "homeless individual" shall not include any individual imprisoned or otherwise detained pursuant to an Act of Congress or a State law. Low- and Moderate - Income Person The term "Low- and Moderate - Income Person" shall mean a member of a family having an income equal to or less than the Section 8 Low- Income This limit has been set as 80% of Area Median Income.. Unrelated individuals will be considered as one - person families for this purpose. ARTICLE II: PROJECT The Grantee agrees to reimburse the Subrecipient in an amount not to exceed Seven hundred thirteen dollars and 78 cents ($713.78) (hereinafter the "Grant ") to implement the following project(s): Transitional Housing Subrecipient will provide transitional housing to homeless families with children at two single family residence locations in Richmond County. Said project is more fully set described in Exhibit "A" attached hereto and made a part hereof. 2 1 2012, Action Ministries, Inc. Re- programmed Funds, Emergency Solutions Agreement ARTICLE III: NOTICES Subrecipient and the Grantee agree that all notices required by this Agreement shall be in writing and delivered via one of the following means: mail (postage prepaid); commercial courier; personal delivery; by facsimile; or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. Communication and details concerning this Agreement shall be directed to the following Agreement Representatives: Grantee: With copy to: If to Subrecipient: ARTICLE IV: GENERAL CONDITIONS A. General Compliance The Subrecipient agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 576 (the U.S. Housing and Urban Development regulations concerning Emergency Solutions Grant (ESG)) except that (1) the Subrecipient does not assume the Grantee's environmental responsibilities nor does (2) the Subrecipient assume the Grantee's responsibility for initiating the review process. The Subrecipient agrees to comply with all other applicable Federal, State and Local laws, regulations, and policies governing the funds provided under this Agreement. The Subrecipient further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. B. Independent Contractor Augusta, Georgia Attention: David S. Copenhaver, Mayor 530 Greene Street, 8th Floor Augusta, Georgia 30901 Housing and Community Development Department Attention: Chester A. Wheeler, III, Director 925 Laney - Walker Boulevard Augusta, Georgia 30901 Action Ministries, Inc. Attention: Jannan Thomas, Director 17 Executive Park Drive, Suite 540 Atlanta, Georgia 30329 Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer /employee between the parties. The Subrecipient shall at all times remain an "Independent Contractor" with respect to the services to be performed under this Agreement. The Grantee shall be exempt from payment of all Unemployment Compensation, FICA, Retirement, 3 1 2012, Action Ministries, Inc. Re- programmed Funds, Emergency Solutions Agreement Life and /or Medical Insurance and Workers' Compensation Insurance, due to the fact that the Subrecipient is an Independent Contractor. C. Hold Harmless The Subrecipient shall hold harmless, defend and indemnify the Grantee from any and all claims, actions, suits, charges and judgments whatsoever that arise out of the Subrecipient's performance or nonperformance of the services or subject matter called for in this Agreement. D. Workers' Compensation The Subrecipient shall provide Workers' Compensation Insurance coverage for all of its employees involved in the performance of this Agreement, if applicable. E. Insurance & Bonding The Subrecipient shall carry sufficient insurance coverage to protect Agreement assets from loss due to theft, fraud and /or undue physical damage, and as a minimum shall purchase a blanket fidelity bond covering all employees in an amount equal to cash reimbursements /advances from the Grantee. The Subrecipient shall comply with the bonding and insurance requirements of 24 CFR 84.31 and 84.48, Bonding and Insurance. F. Grantee's Recognition The Subrecipient shall insure recognition of the role of the Grantee in providing services through this Agreement. All activities, facilities and items utilized pursuant to this Agreement shall be prominently labeled as to funding source. In addition, the Subrecipient will include a reference to the support provided herein in all publications made possible with funds made available under this Agreement. G. Amendments 1. The Grantee or Subrecipient may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the Grantee's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the Grantee or Subrecipient from its obligations under this Agreement. 2. It is further understood that the Grantee is responsible to HUD for the administration of funds and may consider and act upon reprogramming recommendations as proposed by its Subrecipient. In the event that the Grantee approves any modification, amendment, or alteration to the funding allocation, the Subrecipient shall be notified pursuant to Article III and such notification shall constitute an official amendment to this Agreement. 3. It is further agreed that the Subrecipient 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 line item changes to the Subrecipient's budget provided that such changes do not increase in the grant amount set forth in the "Budget". 4 1 2012, Action Ministries, Inc. Re- programmed Funds,_ Emergency Solutions Agreement 5. The Grantee may, in its discretion, amend this Agreement to conform with Federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both the Grantee and Subrecipient. 6. It is further understood that the Subrecipient shall be allowed only one amendment to this agreement. No amendment will be granted to extend the agreement beyond the established end of grant period. H. Suspension or Termination 1. In accordance with 24 CFR 85.43, the Grantee may suspend or terminate this Agreement if the Subrecipient materially fails to comply with any terms of this Agreement, which include , but are not limited to the following: a) Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; b) Failure, for any reason, of the Subrecipient to fulfill in a timely and proper manner its obligations under this Agreement; c) Ineffective or improper use of funds provided under this Agreement; or d) Submission by the Subrecipient to the Grantee reports that are incorrect or incomplete in any material respect. 2. In accordance with 24 CFR 85.44, this Agreement may also be terminated for convenience by either the Grantee or the Subrecipient, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if in the case of a partial termination, the Grantee determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the Grantee may terminate the award in its entirety. Matching Funds The Subrecipient provide match dollar - per - dollar matching of ESG funds distributed by Grantee in any of the following forms: dollars, professional services, or in -kind services. Subrecipient shall, no less frequently than monthly during the term of this Agreement, provide adequate documentation to Grantee of matching funds or in -kind services obtained. Such information shall be included with the Request for Reimbursement. In the calculation of the amount of matching funds, the following may be included in the value of any donated material or building: the value of any lease on a building; any salary paid to staff in carrying out the Emergency Shelter Programs; and the time and services contributed by volunteers to carry out the Emergency Shelter Program, to be determined at the rate of Ten Dollars ($10.00) per hour. The Grantee shall determine the value of any donated material or building or any lease using any method reasonably calculated to establish a fair market value. 5 1 2012, Action Ministries, Inc. Re- programmed Funds, Emergency Solutions Agreement Failure to obtain such matching funds or in -kind services shall be declared a breach of this Agreement and result in the denial of payment or reimbursement from ESG funds in excess of the amounts for which matching funds are available. J. Homeless Management Information System As a provider of services for the homeless population, Subrecipient agrees to fully participate in Pathways Community Network, Inc., the designated Homeless Management Information System, on a continual basis by regularly inputting client data into the computer information gathering system. ARTICLE V. ADMINISTRATIVE REQUIREMENTS A. Financial Management 1. Accounting Standards The Subrecipient agrees to comply with 24 CFR 84.21 through 28 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. 2. Cost Principles The Subrecipient shall administer its program in conformance with OMB Circulars A -122, "Cost Principles for Non - Profit Organizations," or A -21, "Cost Principles for Educational Institutions," as applicable. These principles shall be applied for all costs incurred whether charged on a direct or indirect basis. (a) Subrecipient agrees to maintain books, records, and documents in accordance with general accepted accounting procedures and practices that sufficiently and properly reflects all expenditures of Grant funds provided by the Grantee under this Agreement. (b) Subrecipient gives the Grantee, HUD, and the Comptroller General, through any authorized representatives, access to and the right to examine all records, books, papers, or documents relating to the Project. (c) All Grant funds disbursed through an Emergency Solutions Grant shall be used only for eligible activities as specifically outlined in this Agreement. The Subrecipient shall comply with any conditions and timetables set forth in this Agreement. In the event the Subrecipient does not comply with the conditions and timetables, or if the Subrecipient ceases to exist or provide the services for which the Grant was made, the Subrecipient shall not be eligible to participate" or "shall not be allowed to be responsible for "another ESG eligible project, and the Subrecipient shall be in default. In the event of default, the Grantee may exercise any rights or remedies provided in this Agreement, or available under applicable Federal, State of Local law. 6 1 2012, Action Ministries, Inc. Re- programmed Funds,_ Emergency Solutions 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 576.65, which are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to the following: 2. Retention The Subrecipient shall retain all financial records, supporting documents, statistical records, and all other records pertinent to this Agreement for a period of five (5) years. The retention period begins on the date of the submission of the Grantee's annual performance and evaluation report to HUD in which the activities assisted under the Agreement are reported upon for the final time. Notwithstanding the above, if there is litigation, claims, audits, negotiations, or other actions that involve any of the records cited, which have commenced prior to the expiration of the five -year period, such records shall be retained until completion of the actions and resolution of all issues, or the expiration of the five -year period, whichever occurs later. 3. Client Data a. All accounts, property and personnel records as deemed necessary by Grantee to ensure proper accounting of all project funds and compliance with this Agreement. b. Records required to determine the homeless eligibility of persons provided services; c. For Homeless Prevention activities, records to document persons "at risk" of being homeless; d. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with ESG assistance; e. Financial records as required by 24 CFR 84.21 through 28. The Subrecipient shall maintain client data demonstrating client eligibility for services provided and certification of "homelessness ". Such data shall include, but not be limited to, client name, address, income level or other basis for determining eligibility, and description of service provided. Such information shall be made available to Grantee monitors or their designees for review upon request. 4. Disclosure The Subrecipient understands that client information collected under this Agreement is private and confidential, and the use or disclosure of such information, when not directly connected with the administration of the Grantee's or Subrecipient's responsibilities with respect to services provided under this Agreement, is prohibited unless written consent is obtained from such persons receiving service and, in the case of a minor, that of a responsible parent /guardian. 7 1 2012, Action Ministries, Inc. Re- programmed Funds,_ Emergency Solutions Agreement 5. Close-outs The Subrecipient's obligation to the Grantee shall not end until all Closeout requirements are completed. Activities during this closeout period shall include, but are not limited to the following: making final payments and disposing of program assets. Notwithstanding the foregoing, the terms of this Agreement shall remain in effect during any period that the Subrecipient has control over ESG funds, including program income. Any Grant funds remaining at the end of the Agreement period shall be returned to the Grantee, and the Grantee may in its discretion reprogram the funds to another ESG eligible project. 6. Audits & Inspections All Subrecipient records with respect to any matters covered by this Agreement shall be made available to the Grantee, HUD, and the Comptroller General of the United States or any of their authorized representatives, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully corrected by the Subrecipient within thirty (30) days after receipt of notice by the Subrecipient. Failure of the Subrecipient to comply with the above audit requirements shall constitute a violation of this Agreement, and may result in the withholding of future payments. The Subrecipient hereby agrees to have an annual agency audit conducted in accordance with current Grantee policy concerning Subrecipient audits and OMB Circular A -133. C. Reporting and Payment Procedures 1. Program Income The Subrecipient shall provide "monthly" reports regarding all program income generated by activities carried out with ESG funds made available under this Agreement. The use of program income by the Subrecipient shall comply with the requirements set forth at 24 CFR 84.24. The Subrecipient may use such income during the Agreement period for activities permitted under this Agreement and shall reduce requests for additional funds by the amount of any such program income balances available. All unexpended program income shall be returned to the Grantee at the end of the Agreement period. Any interest earned on cash advances from the U.S. Treasury and from funds held in a revolving fund account is not program income and shall be remitted promptly to the Grantee. Program income anticipated to be generated from the use of ESG funds for this project is approximately 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 and shall submit such plan to the Grantee for approval, in a form specified by the Grantee. (Indirect costs are costs that are not directly accountable to a cost object (such as a particular project, facility, function or product). Indirect costs may be either fixed or variable. Indirect costs include administration, personnel and security costs. These are those cost which are not directly related to production. Some indirect costs may be overhead. But some overhead costs can be directly attributed to a project and are direct costs.) 0 cv 1 c, 1 iviti1101.11c0, 11 IL, 1 xc -Ni vyi 011111 Icu 1 ..I Iu0,_I_I 11c1 yci I.,y vvluuvi 10 / cci I kilt 3. Invoicing and Payment Procedures a) In order to obtain reimbursement from the Grantee regarding the Project, Subrecipient shall provide the following information: (1) Subrecipient shall submit Monthly Progress Reports for the Project in the form attached hereto as Exhibit "D" detailing accomplishments for the report period and the number of participants grouped by race, sex and female head of household. In addition, for each Program participant, the Subrecipient shall complete a "Verification and Certification of Homelessness ", attached hereto as Exhibit E" and "Participant Income Eligibility Form" attached hereto as Exhibit "F ", and shall submit such forms with its Monthly Progress Report. The Monthly Progress Report, Verification and Certification of Homelessness, and Participant Income Eligibility forms shall accompany 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. (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 reimbursement by Subrecipient shall include invoices, cancelled checks, receipts or other documentation evidencing funds expended by Subrecipient. (4) The Grantee agrees to reimburse costs allowable under Federal, State and Local guidelines. 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. c) The Department shall authorize the Grantee's Financial Officer to reimburse the Subrecipient for all costs determined to be eligible for reimbursement, pursuant to the audit. Payments will be made on a monthly basis with a Thirty (30) day return period by Grantee. Requests for payments must be received by Grantee no later than the 15 day of each calendar month for work performed during the preceding calendar month. The Subrecipient shall not claim reimbursement from the Grantee for that portion of its obligations which has been paid by another source of revenue. d) The Grantee will pay to the Subrecipient funds available under this Agreement based upon information submitted by the Subrecipient, and consistent with both any approved budget and the Grantee policy concerning payments. The Grantee reserves the right to liquidate funds available under this Agreement for costs incurred by the Grantee on behalf of the Subrecipient. 9 1 2012, Action Ministries, Inc. Re- programmed Funds, Emergency Solutions Agreement 4. Progress Reports The Subrecipient shall submit Monthly Progress Reports to the Grantee in the form attached hereto as Exhibit D, as required by the Grantee. Progress reports shall be submitted by the 15` day of each month for prior month activities. 5. Annual Reports The Subrecipient shall submit an Annual Performance Report to the Grantee in the form attached hereto as Exhibit G, as required by the Grantee. The Annual Performance Report shall be submitted to Grantee by January 15 following the year of the grant period. D. Procurement 1. Compliance The Subrecipient shall comply the Grantee's current policy concerning the purchase of equipment, and shall maintain inventory records of all non - expendable personal property, as defined by such policy, and to be procured with funds provided herein. Personal property means property of any kind, except real property. All program assets (unexpended program income, property, equipment, etc.) shall revert to the Grantee upon termination of this Agreement. a) All procurement transactions regardless of dollar value and whether negotiated or advertised, shall be conducted in a manner so as to provide maximum open free competition consistent with the Cost Principles for Non- Profit Organizations, OMB Circular A -110 "Procurement Standards." b) Subrecipient shall make positive efforts to utilize Small Business and Minority Owned Business sources, as well as Women -Owned Businesses, for supplies and services. Disclaimer: 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 through 48. 101 2012, Action Ministries, Inc. Re- programmed Funds,_ Emergency Solutions Agreement 3. Travel The Subrecipient shall obtain written approval from the Grantee for any travel outside the metropolitan area with funds provided under this Agreement. E. Use and Reversion of Assets The use and disposition of real property and equipment under this Agreement shall be in compliance with the requirements of 24 CFR Part 84.32 and 84.34, as applicable. Upon expiration of this Agreement, Subrecipient shall transfer to Grantee any remaining HUD /ESG funds and any accounts receivable attributable to the use of HUD /ESG funds distributed pursuant to this Agreement. ARTICLE VI. OTHER FEDERAL PROVISIONS Subrecipient agree to comply with the following requirements imposed by HUD regarding the use of program funds: A. Federal regulations for the Emergency Solutions Grant, as revised by the HEARTH Act in 24 CFR part 576; Title 24, Code of Federal Regulations, Part 576; B. 42 U.S.C. §§ 11371- 11378 -Title IV, Subtitle B of the Stewart B. McKinney Homeless Assistance Act; C. Any building used for emergency shelter must meet local housing, safety and sanitation codes; D. E. The requirements of the Fair Housing Act (42 U.S.C. 3601 -20) and implementing regulations at 24 CFR Part 100, as the same may be amended from time to time; Executive Order 11063 and implementing regulations at 24 CFR Part 107, as may be amended; and Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d -4) and implementing regulations issued at 24 CFR Part 1, as the same may be amended; The prohibitions against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C. 6101 -07) and implementing regulations at 24 CFR Part 146, as the same may be amended, and the prohibitions against discrimination against otherwise qualified individuals with handicaps under Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), implementing regulations at 24 CFR Part 8 (for the purposes of this Program, the term "dwelling units" shall include sleeping accommodations), as the same may be amended, and the Americans with Disabilities Act of 1990 (Public Law 101 -336) and implementing regulations, as the same may be amended; F. The requirements at 24 CFR 576.23 concerning Faith -based activities; G. The requirements of Section 3 of the Housing and Urban Development Act of 1968, 12 U.S.C. 1701(u), and implementing regulations at 24 CFR Part 135, as the same may be amended, and the requirements of the Employment and Agreementing Opportunities provisions set forth in 24 CFR Part 576, as the same may be amended; 11 1 2012, Action Ministries, Inc. Re- programmed Funds,_ Emergency Solutions Agreement H. The requirements of Executive Orders 11625, 12432 and 12138 which require that an effort be made to encourage the use of Minority and Women's Business Enterprises in connection with the project for which program funds have been awarded; The requirement that the project for which program funds have been awarded hereunder make known that use of the facility and services is available to all on a nondiscriminatory basis; regardless of race, color, religion, sex, age, national origin, handicap or disability; J. The requirements of Executive Order 12372 and the implementing regulations at 24 CFR Part 52, as the same may be amended, (relating to intergovernmental review) to the extent provided by the Federal Register Notice in accordance with 24 CFR 52.3; K. The applicable requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 - 4655), as the same may be amended, and the implementing regulations in 49 CFR Part 24, as the same may be amended, and the Relocation and Acquisition provisions set forth in 24 CFR 576.80, as the same may be amended; L. The requirements of the Drug Free Workplace Act of 1988 and the implementing regulations in 24 CFR 24, subpart F, as the same may be amended; M. The requirements of the Conflict of Interest provisions set forth in 24 CFR 576.79(d), as the same may be amended, and the Use of Debarred, Suspended or Ineligible Contractor provisions set forth in 24 CFR 576.79(e), as the same may be amended; N. The Environmental Review provisions set forth in 24 CFR Part 576, as the same may be amended, and the Flood Insurance provisions set forth in 24 CFR 576.79(f), as the same may be amended; 0. The applicable requirements of the Lead Based Paint Poisoning Prevention Act (42 U.S.C. 4821 - 4846), and the implementing regulations in 24 CFR Part 35, and the Lead Based Paint provisions set forth in 24 CFR Part 576, as the same may be amended; P. The requirements of the National Affordable Housing Act (Pub. L. 101 -625, November 28, 1990) contained in Section 832(e)(2)(c) that Subrecipients develop and implement procedures to ensure the confidentiality of records pertaining to any individual provided family violence prevention or treatment services under any project assisted under the ESG Program and "that the address or location of any family violence shelter project assisted" under the ESG Program "Will, except with written authorization of the person or persons responsible for the operation of such shelter, not be made public "; and Q. Certification Regarding Lobbying — Subrecipient hereby certifies that to the best of its knowledge and belief: 1) No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an 121 2012, Action Ministries, Inc. Re- programmed Funds,_ Emergency Solutions Agreement ARTICLE VII. SEVERABILITY employee of a Member of Congress in connection with the awarding of any Federal Agreement, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal Agreement, grant, loan, or cooperative agreement; 2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal Agreement, grant, loan, or cooperative agreement, it will complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and 3) It will require that the language of paragraph (d) of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and Agreements under grants, loans, and cooperative agreements) and that all Subrecipients shall certify and disclose accordingly. Lobbying Certification - This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S.C. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. In addition to, but not in substitution for other provisions of this Agreement regarding the use of program funds, if the Subrecipient is deemed to be a religious or denominational institution or organization, or an organization operated for religious purposes which is supervised or controlled by a religious or denominational institution or organization, Subrecipient agrees that, in connection with the use of the program funds: (1) it will not discriminate against any employee or applicant for employment on the basis of race, color, creed, religion, except as allowed by Executive Order 13279, sex, age, handicap, disability, ancestry, national origin, marital status, familial status, or any other basis prohibited by applicable law, (2) it will not discriminate against any persons applying for housing, shelter, services or any eligible activity under the program on the basis of religion and will not limit such housing or other eligible activities or give preference to persons on the basis of religion; and (3) it will provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing, and exert no other religious influence in the provision of housing, shelter, services, or other eligible activity under the program. If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect. ARTICLE VIII: SECTION HEADINGS AND SUBHEADINGS The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement. 13 1 2012, Action Ministries, Inc. Re- programmed Funds,_ Emergency Solutions Agreement ARTICLE IX: WAIVER The Grantee's failure to act with respect to a breach by the Subrecipient does not waive its right to act with respect to subsequent or similar breaches. The failure of the Grantee to exercise or enforce any right or provision shall not constitute a waiver of such right or provision. ARTICLE X: GOVERNING LAW AND VENUE The law of the State of Georgia shall govern this Agreement between Grantee and Subreceipient with regard to its interpretation and performance, and any other claims related to this agreement, which are not specifically governed by Federal Law. All claims, disputes and other matters in question between Grantee and Subreceipient arising out of or relating to this Agreement, or the breach thereof, shall be decided in the Superior Court of Richmond County, Georgia, if not specifically governed by Federal Law. The Subreceipient, by executing this Agreement, specifically consents to jurisdiction and venue in Richmond County and waives any right to contest the jurisdiction and venue in the Superior Court of Richmond County, Georgia. ARTICLE XI: ENTIRE AGREEMENT This agreement constitutes the entire agreement between the Grantee and the Subrecipient for the use of funds received under this Agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the Grantee and the Subrecipient with respect to this Agreement. ARTICLE XII: SUBRECIPIENT ACKNOWLEDGEMENT "Subreciepient acknowledges that this contract and any changes to it by amendment, modification, change order or other similar document may have required or may require the legislative authorization of the Board of Commissioners and approval of the Mayor. Under Georgia law, Subreciepient is deemed to possess knowledge concerning Augusta, Georgia's ability to assume contractual obligations and the consequences of Subreciepient's provision of goods or services to Augusta, Georgia under an unauthorized contract, amendment, modification, change order or other similar document, including the possibility that the Subreciepient may be precluded from recovering payment for such unauthorized goods or services. Accordingly, Subreciepient agrees that if it provides goods or services to Augusta, Georgia under a contract that has not received proper legislative authorization or if the Subreciepient provides goods or services to Augusta, Georgia in excess of the any contractually authorized goods or services, as required by Augusta, Georgia's Charter and Code, Augusta, Georgia may withhold payment for any unauthorized goods or services provided by Subreciepient. Subreciepient assumes all risk of non- payment for the provision of any unauthorized goods or services to Augusta, Georgia, and it waives all claims to payment or to other remedies for the provision of any unauthorized goods or services to Augusta, Georgia, however characterized, including, without limitation, all remedies at law or equity." This acknowledgement shall be a mandatory provision in all Augusta, Georgia contracts for goods and services, except revenue producing contracts ARTICLE XIII: E VERIFY All contractors and subcontractors entering into contracts with Augusta, Georgia for the physical performance of services shall be required to execute an Affidavit verifying its compliance with O. C. G.A. § 141 2012, Action Ministries, Inc. Re- programmed Funds,_ Emergency Solutions Agreement 13- 10 -91, stating affirmatively that the individual, firm, or corporation which is contracting with Augusta, Georgia has registered with and is participating in a federal work authorization program. All contractors and subcontractors must provide their E- Verify number and must be in compliance with the electronic verification of work authorized programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99 -603, in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13 -10 -91 and shall continue to use the federal authorization program throughout the contract term. All contractors shall further agree that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to its contract with Augusta, Georgia the contractor will secure from such subcontractor(s) each subcontractor's E- Verify number as evidence of verification of compliance with O. C. G.A. § 13 -10 -91 on the subcontractor affidavit provided in Rule 300- 10- 01 -.08 or a substantially similar form. All contractors shall further agree to maintain records of such compliance and provide a copy of each such verification to Augusta, Georgia at the time the subcontractor(s) is retained to perform such physical services. [SIGNATURES ON THE FOLLOWING PAGE] 15 1 2012, Action Ministries, Inc. Re- programmed Funds,_ Emergency Solutions Agreement SIGNATURE PAGE IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above. ATTEST: ATTEST: SEAL BY: ancy MacDonald As its Corporate Secretary (Plain Witness) By: e �� AUGUSTA, GEORGIA (Grantee) David S. Copenhaver As its Mayor ;Frederick L. Russell Augusta, Georgia Administrator Chester A. Wheeler, III Director Augusta Housing and Community Development Department Andrew G. MacKenzie General Counsel Action Ministries, Inc. (Subrecipient) John R. Moeller, r. As its President 16 1 2012, Action Ministries, Inc. Re- programmed Funds,_ Emergency Solutions Agreement Activity Families per Year Individuals per Year Increase family self- sufficiency by providing transitional housing and supportive services. 2 families 8 individuals (including adults and children) Assist family members with obtaining employment and increasing income levels. 2 families 2 individuals SCOPE OF SERVICES A. Activities Program Delivery General Administration C. Staffing EXHIBIT "A" SCOPE OF SERVICES AND TIMETABLE The Subrecipient will be responsible for administering the Transitional Housing Program at 1940 and 1963 Battle Row, Augusta, GA in a manner satisfactory to the Grantee and consistent with any standards required as a condition of providing these funds. Such program will include the following activities eligible under the Emergency Solutions Grant Program: Provide transitional housing to homeless families with children at two single family residence locations in Richmond County. The program includes intensive case management, child care transportation support, training in life skills, parenting, budgeting, and keeping a safe clean home and minor repairs. The subrecipient will provide 8 homeless individuals (2 families) with safe, secure and stable transitional housing. They will also receive supportive services to include: case management, life skills and other training and transportation assistance. Action Ministries, Inc. is managed by the Board of Directors, and day -to -day operations are managed by the President /Chief Executive Officer. The Housing program is managed by the Executive Director of Housing. Housing support staff handles day -to -day operations. Case managers and volunteers provide support to both the agency and clients. B. Levels of Accomplishment — Goals and Performance Levels Executive Director- Oversees all program staff (5 hours per week) Case Manager- Provides supportive services to client families (20 hours per week) Operations Assistant- Manages all issues associated with the physical housing locations, including utilities and repairs when necessary (5 hours per week) Grants Manager- Performs all administrative tasks associated with the grant agreement (5 hours per week) 17 1 2012, Action Ministries, Inc. Re- programmed Funds, Emergency Solutions Agreement Line Item Amount Shelter Operations: Fumitune /Fxturesand Equipment $713.78 TOTAL $713.78 D. Performance Monitoring The Subrecipient agrees that the Department may carry out periodic monitoring activities as determined necessary by the Department. At a minimum, monitoring shall occur annually, but it may occur more frequently if the Department deems it necessary. The Department will provide the Subrecipient with advance notice in writing prior to any monitoring activities. Such monitoring shall consist of evaluating the Subrecipient's compliance with the terms and conditions of this Agreement, and comparing the Subrecipient's projected Project schedule, budget and output with its actual performance. Upon request, the Subrecipient shall furnish the Department, the Grantee, or its designee copies of such records and information as the Department or the Grantee deems necessary. In addition, the Subrecipient shall submit monthly progress reports as required by this Agreement, and shall prepare such other reports as may be required by the Department, the Grantee and /or HUD. The Grantee will monitor the performance of the Subrecipient against goals and performance standards as stated above. Substandard performance as determined by the Grantee will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the Subrecipient within a reasonable period of time after being notified by the Grantee, Agreement suspension or termination procedures will be initiated. II. TIME OF PERFORMANCE Services of the Subrecipient shall start on January 1, 2012 and end on April 30, 2013. The term of this Agreement and the provisions herein shall be extended to cover any additional time period during which the Subrecipient remains in control of ESG funds or other ESG assets, including program income. III. BUDGET Any amendments to the budget must be in writing and approved by the Grantee's Director of Housing and Community Development Department. IV. PAYMENT It is expressly agreed and understood that the total amount to be paid by the Grantee under this Agreement shall not exceed $713.78. Draw downs (expenditure of funds) for the payment of eligible expenses shall be made against the line item budgets specified in Paragraph III herein and in accordance with performance. Expenses for general administration shall also be paid against the line item budgets specified in Paragraph III and in accordance with performance. Payments may be contingent upon certification of the Subrecipient's financial management system in accordance with the standards specified in 24 CFR 84.21. 181 2012, Action Ministries, Inc. Re- programmed Funds,_ Emergency Solutions Agreement 4 Subrecipient is also responsible for submitting to the Grantee, monthly progress reports, invoices, time sheets (if applicable), mileage (if applicable), and any other documentation deemed necessary by the Monitoring Official during the funding cycle. These records shall be retained up at least five (5) years after the Agreement expires. 19 1 2012, Action Ministries, Inc. Re- programmed Funds,_ Emergency Solutions Agreement EXHIBIT "B" PROGRAM REQUIREMENTS Subrecipient shall operate this project funded through Augusta Georgia's Emergency Solutions Grant Program according to the following guidelines: 1. Accounting and related records of Subrecipient shall at a minimum include the following: a. Voucher System - All supporting documentation, such as purchase order, invoices, receiving reports and requisitions. b. Books of Original Entry - Cash receipts and disbursements journal, general ledger. c. Chart of Accounts - Listing of accounts must be maintained in the accounting system. d. Personnel Records - Separate personnel file shall be maintained for each project employee. As a minimum, the file shall contain a resume of the employee, a description of duties assigned, and a record of the date employed, rate of pay at the time of employment, subsequent pay adjustments, and documentation supporting leave taken by the employee. e. Attendance Record - Attendance records shall be maintained for all personnel paid with ESG funds. This applies to part -time as well as full -time personnel. In addition to accounting for daily attendance, the type of leave taken (annual, sick, or other), shall be disclosed. Daily attendance records must support budgetary changes for payroll purposes. f. Payroll Records - Formal payroll records supporting cash disbursements to employees shall be maintained. Such records shall disclose each employee's name, job title, social security number, date hired, rate of pay, and all required deductions for tax purposes. Timely quarterly payment of taxes withheld from employees for the Federal Government, along with required matching costs, are required. In addition, all charges for payroll purposes shall be in accordance with the budget submitted to the Grantee. g. Checking Accounts - Monthly bank reconciliation shall be conducted by Subrecipient. All checks, stubs, etc. shall be pre- numbered and accounted for, including voided checks. Check stubs, cancelled checks, and deposit slips must be readily available for audit purposes. h. Petty Cash - Subrecipient is encouraged to use an imprest or cash advance system and adhere to a monthly, or if necessary, more frequent reimbursement procedure if any ESG funds are used as petty cash. Purchasing Practices - HUD considers State - purchasing regulations to be an acceptable standard for purchasing practices. Local purchasing practices and other procedures shall prevail unless State and /or Federal practices and procedures are more stringent. Therefore, Subrecipient is obligated to conform to the more restrictive practices and 20 1 2012, Action Ministries, Inc. Re- programmed Funds, Emergency Solutions Agreement j. procedures. It is recommended that Subrecipient use a formal pre- numbered purchase order system where possible and applicable. Inventories - Subrecipient is advised to maintain adequate safeguards against loss by theft or physical deterioration of any inventories of office supplies, equipment, or other items purchased with ESG funds. k. Property Records - Subrecipient is required to maintain formal subsidiary records to control all project property and equipment. Such records shall disclose the acquisition and subsequent disposition of all property. An annual inventory should be conducted, and the books shall reflect the actual value of property on hand at the end of the fiscal year. 2. All project accounting records and supporting documents shall be maintained for a period of at least five (5) years after termination of the Grantee's award. The records shall be made available to the Grantee, HUD and /or any of their authorized representatives. 3. Subrecipient should maintain records in an orderly manner, with separate identification for different federal time periods. Records must be protected from fire or other perils, and if stored in a location other than the project site, shall be readily accessible to the Grantee's staff, HUD officials and others who may be authorized to examine such records. 21 1 2012, Action Ministries, Inc. Re- programmed Funds,_ Emergency Solutions Agreement REPORT DUE PERIOD COVERED Monthly Progress Report 15 day of each month (Jan 2012 -Apr 2013) For Prior month activities Annual Performance Report May 15, 2013 Grant Period (Jan 1, 2012 — Apr 30, 2013) ESG Match Log Report May 15, 2013 Grant Period (Jan 1, 2012 — Apr 30, 2013) Audit 30 days after receipt of Audit Report Subrecipient's audit period EXHIBIT "C" REPORT SCHEDULE 22 1 2012, Action Ministries, Inc. Re- programmed Funds,_ Emergency Solutions Agreement