HomeMy WebLinkAboutAGREEMENT BETWEEN AUGUSTA GA THROUGH HOUSING AND COMMYUNITY DEVELOPMENT AND ST STEPHEN'S MINISTRY OF AUGUSTA GA FOR YR 2014 (ESG) PROGRAM AGREEMENT 0 R 1 G I A L
Be
AUGUSTA, GEORGIA
Through
HOUSING AND COMMUNITY DEVELOPMENT
And
ST. STEPHEN'S MINISTRY OF AUGUSTA, INC.
For
YEAR 2014 EMERGENCY SOLUTIONS GRANT (ESG) PROGRA
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 St. Stephen's Ministry of Augusta, Inc.
(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 (St. Stephen's Ministry, Inc.) Page 1
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, 8 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: Saint Stephens Ministry of Augusta, Inc.
Journey Parker, Programs Director
922 -924 Greene Street, Augusta, GA 30901
jtatum @ststephensministry.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.
E. Insurance & Bonding
2014 ESG Agreement (St. Stephen's Ministry, Inc.) Page 3
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.
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)
As mandated by HUD, sub - recipients must be members of the local CoC to ensure proper
coordination of services and service providers, or have applied for membership and is actively
participating in the monthly CoC meetings and CoC subcommittee meetings.
2014 ESG Agreement (St. Stephen's Ministry, Inc.) Page 5
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.
6. Audits & Inspections
All Sub - recipient 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
2014 ESG Agreement (St. Stephen's Ministry, Inc.) Page 7
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
of each month for prior month activities. Monthly progress reports should be submitted with
monthly reimbursement requests.
5. Annual Reports
2014 ESG Agreement (St. Stephen's Ministry, Inc.) Page 9
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,
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;
2014 ESG Agreement (St. Stephen's Ministry, Inc.) Page 11
to furnish all information and reports required hereunder. The Sub - recipient will permit
access to its books, records, and accounts to the Grantee, HUD and its agent, or other
authorized Federal officials, for purposes of investigation to determine and ensure
compliance with the rules, regulations, and provisions stated herein.
In addition to, but not in substitution for other provisions of this Agreement regarding the use of
program funds, if the Sub - recipient 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, Sub - recipient 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.
ARTICLE VII: SEVERABILITY
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.
ARTICLE IX: WAIVER
The Grantee's failure to act with respect to a breach by the Sub - recipient 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 Sub - recipient 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 Sub - recipient 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 Sub - recipient, 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 Sub - recipient for the use of
funds received under this Agreement and it supersedes all prior or contemporaneous communications
2014 ESG Agreement (St. Stephen's Ministry, Inc.) Page 13
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: / 0 (
Y• ( ( f
r i6M I avid S Copenhaver
iD ', lic 'I or 1
� :I . Date: 1QI Loiiii.
Tameka AII-n
As Is eri �i(ministrator
riAe 41
By: / //' , // Date: ,
Chester A. Wheeler, III, Director
Housing & Community Development Department
Approved
/1 ed As To Form: ,ry /
`/
BY: i .4 e 1i I. ..� �� .....� Date: l
Andrew G. MacKenzie 4 ,...• % 11MO1V N Ir
/ U /"5`
G ener a l Counsel , �P ' %%0
��Z i S E ,A.L. , �'' 00
�t.� r1L :- �� /L l
<L Irer Conifoiss � �
',, u EORGV -i
ATTEST: St. Stephen's Min Inc.
Sub- recipient
By: _ _ e i, Date: 90, 15
William Carol Foster As its B./ rd Pr-sident
By: • 0 ■./II i lL,,,. , ik/),h . _ Date: l 14-
1
n B rnhaht As its Board Secretary
a ry
SEAL
2014 ESG Agreement (St. Stephen's Ministry, Inc.) Page 15
Department or the Grantee deems necessary. In addition, the Sub - recipient 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 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
Shelter Operations and Utilities
— Property lnsuranm
— Water, Electricity, Gas, Telephone, Internet
— Fuel Transportation $7,058.46
Homeless Prevention
— Rental Assistance, Security Deposits, Last Months rent, Utility Deposits,/Payrnents,
Case Management, Medications $2,352.83
Rapid Rehousing
— Rnandal Assistance, Rental Application Fees, Security Deposits, Last Month's Rent
Utility Deposits, Utility Payments, Moving Costs, Case Management, Legi1 Se
Credit Repair $2,352.83
TOTAL $11,764.12
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 $11,764.12. 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
2014 ESG Agreement (St. Stephen's Ministry, Inc.) Page 17
procedures. It is recommended that Sub - recipient use a formal pre- numbered purchase
order system where possible and applicable.
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 1 5 th 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 (St. Stephen's Ministry, Inc.) Page 19
ADDENDUM ( #11
For all Public Facility Projects:
• Augusta Housing and Community Development Department (AHCDD) has the authority to request
an itemized breakdown of all bids presented /submitted, if needed;
• A a u Development DD) vot
accept any ugusta bid(s if the ing amount and Community bid is in excess of our (AHCD epartment D) amount (AHCD budgeted reser es and /or the exceeds right to n the
amount of sub - recipient's total contribution