HomeMy WebLinkAboutAGREEMENT BETWEEN AUGUSTA, GEORGIA THROUGH AUGUSTA HOUSING AND COMMUNITY DEVELOPMENT AND THE SALVATION ARMY, A GEORGIA CORPORATION FOR YEAR 2017 EMERGENCY SOLUTIONS GRANT (ESG) PROGRAM AGREEMENT
Between
AUGUSTA,GEORGIA
Through
AUGUSTA HOUSING AND COMMUNITY DEVELOPMENT
And
THE SALVATION ARMY,A GEORGIA CORPORATION
For
YEAR 2017 EMERGENCY SOLUTIONS GRANT(ESG) PROGRAM
This Agreement made and entered into this 1sT day of January, 2017, 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 (AHCD 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 includes 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
Augusta Housing and Community Development and funded by an Emergency Solutions Grant applied for
by Augusta,and awarded by HUD as authorized pursuant to Subtitle 8 of title IV of the McKinney-Vento
Homeless Assistance Act and HUD's regulations at 24 CFR Part 576,as amended.
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Department
The term"Department"shall mean the Augusta Housing and Community Development.
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. For the purpose of ESG funding,this limit has been set as 30%
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 Sub-recipient in an amount not to exceed Twenty-Five Thousand
dollars and 00 cents($25,000.00)(hereinafter the"Grant")to implement the following project(s):
Emergency Shelter and residential Meal Program for Single Men and Single Women.
Sub-recipient will provide safe emergency shelter on a temporary basis for approximately 450
(unduplicated)single men and single women who are homeless. Additionally,provide these shelter
residents with daily meals,averaging about 2700 meals each month and serve approximately 20,000
meals annually to those in the community in need. Said project is more fully set described in Exhibit
"A" attached hereto and made a part hereof.
ARTICLE III: NOTICES
Sub-recipient 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.Ail notices and other written communications under this Agreement shall be
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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: Hardie Davis,Jr., Mayor
535 Telfair Street,Suite 200
Augusta, Georgia 30901
With copy to: Housing and Community Development Department
Attention: Hawthorne Welcher,Jr., Director
925 Laney-Walker Boulevard
Augusta, Georgia 30901
If to Sub-recipient: The Salvation Army,A Georgia Corporation
Zenia Negron, Director of Social Services
1384 Greene Street,Augusta, Georgia 30903
Email: Zenia.Negron@uss.salvationarmy.org
(706)-826-7933
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.
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E. Insurance& Bonding
The Sub-recipient shall carry sufficient insurance coverage to protect the Grantee's assets under this
Agreement 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 Sub-recipient shall comply with the bonding and
insurance requirements of 24 CFR 84.31 and 84.48, Bonding and Insurance.
F. Grantee's Recognition
The Sub-recipient shall ensure 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 Sub-recipient will include a reference to the support
provided herein in all publications made possible with funds made available under this Agreement.
• Acknowledgement of Augusta,Georgia as grantee
• To label all assets purchased with ESG funds as property of Augusta,Georgia,and
• Insertion of HUD and Augusta,Georgia logo on all publications relating to program funded with ESG
funds.
• • All publications used in programs funded by ESG funds must be submitted to the Department before
printing and disseminating to ensure accurate acknowledgment have been made.
G. Amendments
1. The Grantee or Sub-recipient 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 Sub-recipient
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 Sub-recipient. In the event
that the Grantee approves any modification,amendment,or alteration to the funding allocation,the Sub-
recipient 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 Sub-recipient 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 Sub-recipient's budget
provided that such changes do not increase the grant amount set forth in the"Budget".
5. The Grantee may, at 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 Sub-recipient.
6. It is further understood that the Sub-recipient shall be allowed only one amendment to this agreement;
unless deemed necessary by the Director of AHCD. No amendment will be granted to extend the agreement
beyond the established end of the grant period,unless a waiver has been issued by HUD officials prior to
the request from the sub-recipient.
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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.
I. 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 the Department.
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.
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ARTICLE V: ADMINISTRATIVE REQUIREMENTS
A. Continuum of Care Participation(24§576.400)
As mandated by HUD, sub-recipients must be a member of the local Continuum of Care(CoC)to
ensure proper coordination of services and service providers. New members must have applied
for membership and be actively participating in the monthly CoC meetings and CoC subcommittee
meetings.
B. Financial Management
1. Accounting Standards
The Sub-recipient 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 Sub-recipient 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 director indirect
basis.
(a) Sub-recipient 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) Sub-recipient gives the Grantee, HUD, and the Comptroller General,through any authorized
representatives,access to and the right to examine ail 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 Sub-recipient shall comply
with any conditions and timetables set forth in this Agreement. In the event the Sub-recipient
does not comply with the conditions and timetables,or if the Sub-recipient ceases to exist or
provide the services for which the Grant was made, the Sub-recipient shall not be eligible to
participate" or"shall not be allowed to be responsible for" another ESG eligible project, and
the Sub-recipient 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.
C. Documentation and Recordkeeping
1. Records to be maintained
The Sub-recipient 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:
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;
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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.
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 reportto 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.
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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
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 Sub-recipient within thirty(30)
days after receipt of notice by the Sub-recipient. Failure of the Sub-recipient to comply with the
above audit requirements shall constitute a violation of this Agreement, and may result in the
withholding of future payments. The Sub-recipient hereby agrees to have an annual agency
audit conducted in accordance with current Grantee policy concerning Sub-recipient audits and
OMB Circular A-133.
All Shelters must provide inspection reports at the time of contract execution to show compliance
with 24§576.500(j)-Shelter and Housing Standards.
D. Reporting and Payment Procedures
1. Program Income
The Sub-recipient 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 Sub-recipient shall comply with the requirements set forth at 24 CFR 84.24.The
Sub-recipient 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 Sub-recipient will develop an indirect cost allocation plan for
determining the Sub-recipient'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.)
3. Invoicing and Payment Procedures
a) In order to obtain reimbursement from the Grantee regarding the Project,
Sub-recipient shall provide the following information:
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(1) Sub-recipient shall submit Monthly Progress Reports for the Project (Exhibit C)
detailing accomplishments for the report period. In addition, for each Program
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 15th
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.
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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
The Sub-recipient shall submit an Annual Performance Report,also known as the ESG Caper. The
ESG Caper shall be submitted to Grantee by January 15 following the year of the grant period.The
ESG Caper should consist of information maintained with the Pathways HMIS system.In addition to
the ESG CAPER, the sub-recipients funded for housing-related activities shall submit a System
Utilization Report Summary covering the entire FY(Jan.1-Dec.31)from the Pathways HMIS system.
E. Procurement
1. Compliance
The Sub-recipient shall comply with 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. The current procurement policy is
to obtain at least three quotes for all items/orders under$10,000.00. 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) Sub-recipient 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 Sub-recipient shall procure all materials,
property,or services in accordance with the requirements of 24 CFR 84.40 through 48.
3. Travel
The Sub-recipient shall obtain written approval from the Grantee for any travel outside the
metropolitan area with funds provided under this Agreement.
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F. 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,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;
I. 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;
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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 Sub-recipients 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—Sub-recipient 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
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-
ILL,"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 sub-awards at all tiers (including subcontracts, sub-
grants,and Agreements under grants, loans,and cooperative agreements)and that all
2017 ESG Agreement(The Salvation Army) Page 12
Sub-recipients shall certify and disclose accordingly.
R. 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.
S. Access to Records-the Sub-recipient shall furnish and cause each of its own subcontractors
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
2017 ESG Agreement(The Salvation Army) Page 13
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 ty Sub-recipient.Sub-recipient assumes all riskof 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 0.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((RCA), 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]
2017 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)
Approved as to Form By(please initial here):
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iloz) By: ../
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111P,
Andrew MacK nzie,as its General Counsel Mayor-ar'ie D. s its Mayor
Date: 6 /p//g' Date:,
oft. IIIL '1111111111111 —...a11111111ft.-
Jan cit Ilen Jackson, as its. Administrator Hawtt me etcher,Jr., as'ts Dire,for
Date : \\\ \ v va s, Date: ts
( o s h; , wi ` Affix Seal Here:
y: ". ;, .,4 ' o a'
Le a ;onnerf ''t`4" lerk(kf Commission zt '
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ATTEST: ". TheSalvation ArmylA Georgia Corporation
(Sub-recipient)
V I. JAN 1 11018
By: Date:
JAMES SEILER-, ''.""'R-';ciJRER
V/{ JAN 1 12018
By: i'�{./� Date:
.T H ELLIS ASSISTANT TREASURER
N a . �
By: --���'�t J Date: JAN 1 12018
MELANIE MATHIS BRACKET1SSIStant.Secretary
The Salvation Army,A Georgia Corporation, SEAL
will comply with all applicable laws associated
with the Application and Agreement.
2017 ESG Agreement(The Salvation Army) Page 15
EXHIBIT"A"
SCOPE OF SERVICES AND TIMETABLE
The Sub-recipient will be responsible for administering the Emergency Shelter and residential Meal
Program for Single Men and Single Women 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:
I. SCOPE OF SERVICES
A. Activities
Provide safe emergency shelter on a temporary basis for approximately 450(unduplicated single
men and single women who are homeless. Additionally, provide these shelter residents with
daily meals,averaging about 2,700 meals each month and serve approximately 20,000 meals
annually to those in the community in need of a hot evening meal through the soup kitchen.
B. Program Delivery
The shelter is open 365 days per year. All shelter residents have access to two meals each day.
The shelter is open Monday-Saturdays,6:00 pm-6:00 am and Sundays/Holidays 6:00 pm-7:00
am.
C. General Administration
The Board of Directors manages the Sub-recipient;The Chief Executive Officer manages the
agency,finance,and programs;Volunteers support the agency and clients.
II. LEVELS OF ACCOMPLISHMENT-Goals and Performance Measures
The Sub-recipient agrees to provide the following levels of program services:
Activity Clients& Meals per Month Total Units/Year
Emergency shelter and 50 new clients per month 450
meals for shelter residents.
Emergency Meals 2,700 meals 20,000
A. Staffing
Jesse Wiggins-Full-time Housing Monitor(40 hr/wk)-Conduct shelter client intake each night
for the men and women's emergency shelter,ensure the correct paperwork is completed, enter
client info into Pathways, provide crisis intervention when necessary,enforce housing rules
among all residents,ensure the security of clients/shelter and keeps the emergency shelter in a
neat and orderly manner.
Clint Wright-Full-time Housing Monitor(40 hr/wk)-Conduct shelter client intake each night for
the men and women's emergency shelter,ensure the correct paperwork is completed,enter
client info into Pathways, provide crisis intervention when necessary, enforce housing rules
among all residents, ensure the security of clients/shelter and keeps the emergency shelter in a
neat and orderly manner.
Sizemore Security Workers-Weekend Housing Monitors-As needed Conduct shelter client
intake each night for the men and women's emergency shelter,ensure the correct paperwork is
completed, enter client info into Pathways, provide crisis intervention when necessary,enforce
2017 ESG Agreement(The Salvation Army) Page 16
1
housing rules among all residents,ensure the security of clients/shelter and keeps the
emergency shelter in a neat and orderly manner.
B. Performance Monitoring
The Sub-recipient 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 Sub-recipient with advance notice in writing prior to any monitoring activities. Such
monitoring shall consist of evaluating the Sub-recipient's compliance with the terms and
conditions of this Agreement, and comparing the Sub-recipient's projected Project schedule,
budget and output with its actual performance. Upon request,the Sub-recipient 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 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, 2017 and end on June 30, 2018. 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
Salaries-ShelterOperations $6,000.00
ProgramSupplies/Food-ShekerOperations $5,000.00
Kitchen/Office Supplies—ShelterOperations $6,000.00
Rent,Maintenance,Utilities—ShelterOperations $8,000.00
TOTAL $25,000.00
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$25,000.00. 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 40%of the grant
amount unless the activity is legal assistance.
2017 ESG Agreement(The Salvation Army) Page 17
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.
EXHIBIT"B"
PROGRAM REQUIREMENTS
Sub-recipient shall operate this project funded through Augusta Georgia's Emergency Solutions Grant
Program according to the following guidelines:
1. Accounting and related records of Sub-recipient 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 Certification-Attendance records shall be maintained for all personnel paid
with ESG funds. Attendance and Pay shall be certified by both the employee and their
immediate supervisor.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 Sub-recipient.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. Bank statements showing the disbursement of payroll shall be added to all
salary pay requests.
2017 ESG Agreement(The Salvation Army) Page 18
h. Petty Cash -Sub-recipient is encouraged to use an impress 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.
i. 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, Sub-recipient is obligated to conform to the more restrictive practices and
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 15th of the month in which
it is due
REPORT DUE PERIOD COVERED
Monthly Progress Report 15th day of each month(Jan-Dec) For Prior month activities
Annual Performance Grant Period
Report January 15 after year of grant period (January 1—December31)
Grant Period
ESG Match Log Report Monthly with Reimbursement (January 1—December31)
Audit 30 days after receipt of Audit Report Sub-recipient's audit period
The applicant's assistance
Self Sufficiency Plan When applicant leaves the program period
Monthly,if applicant is terminated The applicant's assistance
Termination Notice from program period
2017 ESG Agreement(The Salvation Army) Page 19
ESG AGREEMENT ATTACHMENTS
REGULATIONS,CIRCULARS&LOCAL PROCUREMENT POLICY
• Emergency Solutions Grant Entitlement Program 24 CFR 576
= OMB Circular A-122,"Cost Principles for Non-Profit Organizations"
• OMB Circular A-110,"Grants and Agreements with Institutions of Higher Education,
Hospitals,&Other Non-Profit Organizations"
■ OMB Circular A-133, "Audits of Institutions of Higher Education and Other Non-
Profit Institutions"
■ Augusta-Richmond County Procurement Policy
FORMS
= Verification&Certification of Homelessness"Exhibit A"
• Income Calculator-https://www.onecpd.info/incomecalculator/
= Monthly Progress Report"Exhibit C"
■ Reimbursement Request
■ Reimbursement Checklist
■ Reimbursement Itemization
• ESG Match Log
• Time Sheet(Use if applicable)
• Travel Log(Use if applicable)
= Inventory
2017 ESG Agreement(The Salvation Army) Page 20