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HomeMy WebLinkAboutAGREEMENT BETWEEN AUGUSTA GA THROUGH HOUSING AND COMMUNITY DEVELOPMENT AND SALVATION ARMY FOR YR 2014 AGREEMENT Between AUGUSTA, GEORGIA Through HOUSING AND COMMUNITY DEVELOPMENT And THE SALVATION ARMY, A GEORGIA CORPORATION For YEAR 2014 EMERGENCY SOLUTIONS GRANT (ESG) PROGRAM This Agreement made and entered into this 1 day of January, 2014, by and between Augusta, Georgia, by and through the Augusta, Georgia Commission, as the Implementer of the Emergency Solutions Grant Program (hereinafter referred to as "Grantee" or "Augusta ") and The Salvation Army, A Georgia Corporation. (hereinafter referred to as the "Sub- recipient "). 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 ESG Program 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 Sub- recipient to render certain services, programs, or assistance in connection with the aforementioned undertakings of the Emergency Solutions Grant Program; NOW, THEREFORE, it is agreed between the parties hereto as follows: ARTICLE I. DEFINITIONS AND IDENTIFICATIONS Unless the context otherwise requires, the capitalized terms used herein, and not otherwise defined, shall have the meaning assigned to them in this Article I Emergency 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 IV of the McKinney -Vento Homeless Assistance Act and HUD's regulations at 24 CFR Part 576, as amended. 2014 ESG Agreement (The Salvation Army) Page 1 the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. Communication and details concerning this Agreement shall be directed to the following Agreement Representatives: Grantee: Augusta, Georgia Attention: David S. Copenhaver, Mayor 530 Greene Street, 8th Floor Augusta, Georgia 30901 With copy to: Housing and Community Development Department Attention: Chester A. Wheeler, III, Director 925 Laney - Walker Boulevard Augusta, Georgia 30901 If to Sub - recipient: The Salvation Army, A Georgia Corporation Major Shirley Suarez, Director of Social Services 1384 Greene Street, Augusta, GA 30903 shirley _suarez @uss.salvationarmy.org ARTICLE IV: GENERAL CONDITIONS A. General Compliance The Sub - recipient 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 Sub - recipient does not assume the Grantee's environmental responsibilities nor does (2) the Sub - recipient assume the Grantee's responsibility for initiating the review process. The Sub - recipient agrees to comply with all other applicable Federal, State, and Local laws, regulations, and policies governing the funds provided under this Agreement. The Sub - recipient further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. B. Independent Sub - recipient 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 Sub - recipient shall at all times remain an "Independent Sub - recipient" 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, due to the fact that the Sub - recipient is an Independent Contractor. C. Hold Harmless The Sub - recipient shall hold harmless, defend, and indemnify the Grantee from any and all claims, actions, suits, charges, and judgments whatsoever that arise out of the Sub- recipient's performance or nonperformance of the services or subject matter called for in this Agreement. D. Workers' Compensation The Sub - recipient shall provide Workers' Compensation Insurance coverage for all of its employees involved in the performance of this Agreement, if applicable. 2014 ESG Agreement (The Salvation Army) Page 3 H. Suspension or Termination 1. In accordance with 24 CFR 85.43, the Grantee may suspend or terminate this Agreement if the Sub - recipient 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 Sub - recipient 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 Sub - recipient 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 Sub - recipient, 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. L Matching Funds The Sub - recipient will provide dollar - per - dollar matching of ESG funds distributed by Grantee in any of the following forms: dollars, professional services, or in -kind services. Sub - recipient 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 Solutions Programs; and the time and services contributed by volunteers to carry out the Emergency Solutions 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. 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. Match must be recorded on the ESG Match Log supplied by this office. It must include the source, amount, description of use, match value, and proper documentation. J. Homeless Management Information System As a provider of services for the homeless population, Sub - recipient 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. Continuum of Care Participation (24 § 576.400) 2014 ESG Agreement (The Salvation Army) Page 5 e. Financial records as required by 24 CFR 84.21 through 28. 2. Retention The Sub - recipient 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 The Sub - recipient 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. Homelessness certifications must be well documented and all income information must be provided. If it is found that proper documentation is not provided, the sub - recipient may face repayment penalties. Additionally, for sub - recipients providing services to homeless persons or persons at risk of homelessness, participation in the local HMIS in accordance with the policies established by the local Continuum of Care is mandated as a condition of compliance with this agreement. 4. Disclosure The Sub - recipient 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 Sub - recipient'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. Additionally, Sub - recipients providing services to homeless persons or persons at risk of homelessness, agree to adhere to the policies of the local Continuum of Care concerning Data privacy, System security, and Client confidentiality as part of their participation in the local HMIS. 5. Close -outs The Sub - recipient'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 Sub - recipient 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. 2014 ESG Agreement (The Salvation Army) Page 7 participant, the Sub - recipient shall complete a Verification and Certification of Homelessness (Exhibit A) and Participant Income Eligibility Form (Exhibit B), 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. If it is found that the sub - recipient has falsified any documents and /or has not provided the correct documentation to verify the homeless status of its clients, the sub - recipient may be subject to the repayment of all grant funds. (2) The Sub- recipient shall submit signed time certifications (executed by employee and his or her supervisor), a copy of the bank statement showing payroll disbursement, and rate of pay documentation detailing the amount to be reimbursed as backup documentation for salary reimbursement. It is not permissible to self - certify timesheets. In addition, the Sub - recipient shall submit mileage, if applicable. (3) Request for reimbursement by Sub - recipient shall include invoices, cancelled checks, receipts or other documentation evidencing funds expended by Sub - recipient. (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 Sub - recipient 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 Sub - recipient 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 Sub - recipient funds available under this Agreement based upon information submitted by the Sub - recipient, and consistent with both 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 Sub - recipient. If it is found that the sub - recipient has falsified documents or provided incorrect information, the sub - recipient may be subject to repayment of all grant funds. 4. Progress Reports The Sub - recipient shall submit Monthly Progress Reports to the Grantee in the form attached hereto as Exhibit C, as required by the Grantee. Progress reports shall be submitted by the 15 day 2014 ESG Agreement (The Salvation Army) Page 9 of this Agreement, Sub - recipient 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 Sub - recipient agrees 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. The requirements of the Fair Housing Act (42 U.S.C. 3601 -20) and implementing regulations at 24 CFR Part 100, as the same may be amended from time to time; Executive Order 11063 and implementing regulations at 24 CFR Part 107, as may be amended; and Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d -4) and implementing regulations issued at 24 CFR Part 1, as the same may be amended; E. The prohibitions against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C. 6101 -07) and implementing regulations at 24 CFR Part 146, as the same may be amended, and the prohibitions against discrimination against otherwise qualified individuals with handicaps under Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), implementing regulations at 24 CFR Part 8 (for the purposes of this Program, the term "dwelling units" shall include sleeping accommodations), as the same may be amended, and the Americans with Disabilities Act of 1990 (Public Law 101 -336) and implementing regulations, as the same may be amended; F. The requirements at 24 CFR 576.23 concerning Faith -based activities; G. The requirements of Section 3 of the Housing and Urban Development Act of 1968, 12 U.S.C. 1701(u), and implementing regulations at 24 CFR Part 135, as the same may be amended, and the requirements of the Employment and Agreement Opportunities provisions set forth in 24 CFR Part 576, as the same may be amended; H. The requirements of Executive Orders 11625, 12432 and 12138 which require that an effort be made to encourage the use of Minority and Women's Business Enterprises in connection with the project for which program funds have been awarded; 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, 2014 ESG Agreement (The Salvation Army) Page 11 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 Sub - recipient 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 Sub - recipient with respect to this Agreement. ARTICLE XII: SUB - RECIPIENT ACKNOWLEDGEMENT "Sub- recipient 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, Sub - recipient is deemed to possess knowledge concerning Augusta, Georgia's ability to assume contractual obligations and the consequences of Sub - recipient'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 Sub - recipient may be precluded from recovering payment for such unauthorized goods or services. Accordingly, Sub - recipient agrees that if it provides goods or services to Augusta, Georgia under a contract that has not received proper legislative authorization or if the Sub - recipient provides goods or services to Augusta, Georgia in excess of the 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 Sub - recipient. Sub - recipient assumes all risk of non - payment for the provision of any unauthorized goods or services to Augusta, Georgia, and it waives and 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. § 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 (1RCA), 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] 2014 ESG Agreement (The Salvation Army) Page 14 ARTICLE XVII: COUNTERPARTS This Agreement is executed in two (2) counterparts – each of which shall be deemed an original and together shall constitute one and the same Agreement with one counterpart being delivered to each party hereto. IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first written above. ATTEST:AUGUSTA, GEORGIA (Grantee) By: Date: I c (`t C( 1 in David S. Copenhaver 1oe(if sits IVO r By: Date: 1 a eka Allen As its Inter' Add. t i strator '/4 / l By: ' /� • Date: � Chester A. Wheeler, III, Director Housing & Community Development Department Approved As To Form: //, By: �i, , 4, YL/ i. ,_ ��wa��j Date: /0 i /� � '.. \\ ' Andrew G. MacKenzie , 0 1CHM�, p, General Counsel ••' ° "••. r R' •• I , • / • ® . G • /AJ1 t `- : 00 a +, clef* of C miss . ATTEST: The Salva` ion Ar_nw, AGeorgia Corporation Sub- recipient SAM HE.NRY TREASURER �,/ BY y� Date: By - -_— 1 1 // 4 Date: V/ , '1 J M1117/14 ' '! IA - SEAL 2014 ESG Agreement (The Salvation Army) Page 15 The Grantee will monitor the performance of the Sub - recipient 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 Sub - recipient within a reasonable period of time after being notified by the Grantee, Agreement suspension or termination procedures will be initiated. III. TIME OF PERFORMANCE Services of the Sub - recipient shall start on January 1, 2014 and end on December 31, 2014. The term of this Agreement and the provisions herein shall be extended to cover any additional time period during which the Sub - recipient remains in control of ESG funds or other ESG assets, including program income. IV. BUDGET Line Item Amount Program Supplies/ Food- Shelter Operations $7,759.10 Kitchen/ Office Supplies—Shelter Operations $7,327.00 Rentand Maintenance — Shelter Operations $6,465.00 TOTAL $21,551.10 Any amendments to the budget must be in writing and approved by the Grantee's Director of Housing and Community Development Department. V. PAYMENT It is expressly agreed and understood that the total amount to be paid by the Grantee under this Agreement shall not exceed $21,551.10. Draw downs (expenditure of funds) for the payment of eligible expenses shall be made against the line item budgets specified in Paragraph IV herein and in accordance with performance. Expenses for general administration shall also be paid against the line item budgets specified in Paragraph IV and in accordance with performance. Salaries will be limited to 7% of the grant amount unless the activity is legal assistance. Payments may be contingent upon certification of the Sub - recipient's financial management system in accordance with the standards specified in 24 CFR 84.21. Sub- recipient 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. 2014 ESG Agreement (The Salvation Army) Page 17 j. Inventories - Sub - recipient 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 - Sub - recipient 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 projects 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. Sub - recipient 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. 4. REPORT SCHEDULE Reports are to be mailed or emailed to the project Coordinator by the 15 of the month in which it is due REPORT DUE PERIOD COVERED Monthly Progress Report 15 day of each month (Jan -Dec) For Prior month activities Annual Performance Grant Period Report January 15 after year of grant period (January 1— December 31) Grant Period ESG Match Log Report Monthly with Reimbursement (January 1— December 31) Audit 30 days after receipt of Audit Report Sub - recipient's audit period Self Sufficiency Plan When applicant leaves the program The applicant's assistance period Monthly, if applicant is terminated Termination Notice from program The applicant's assistance period 2014 ESG Agreement (The Salvation Army) Page 19 0,1; - 1m \F ",,;∎41‘ Ge \QtvcTt ° THE SALVATION ARMY POLICY STATEMENT ON RELATIONSHIPS WITH OTHER GROUPS AND ORGANIZATIONS The Salvation Army in the United States works cooperatively with many groups - govensmental, social service, civic, religious, business, humanitarian, educational, health, character building, and other groups - in the pursuit of its mission to preach the Christian Gospel and meet human need. Any agency, governmental or private, which enters into a contractual or cooperative relationship with The Salvation Army should be advised that: 1. The Salvation Army is an international religious and charitable movement, organized and operated on a quasi- military pattern, and is a branch of the Christian church. 2. All programs of The Salvation Army are administered by Salvation Army Officers, who are ministers of the Gospel. The motivation of the organization is Iovo of God and a practical concern for the needs of humanity. 4 . The Salvation ilimy's provision of food, shelter, health services, counseling, and other physical, social, emotional, psychological and spiritual aid, is given on the basis of need, available resources and .established program policies. Organizations contracting and/or cooperating with The Salvation Army may be assured that because The Salvation Army is rooted in Christian compassion and is governed by 7udeo- Christian ethics, The Salvation .Army will strictly observe all provisions of its contracts and agreements. Commissioners Conference: May -96