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HomeMy WebLinkAbout5409Contract Number: Vendor: Subject: Department: File Class: Begin Date: End Date: Review Date: Vault Date: 5409 AGAPE UNLIMITED ASA - Shelter Plus Care Grant CDBG LEG 12-1 6/1/2014 6/30/2015 2016 Comments : ����� 5 �� AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: FY2013 Renewai of Shelter Study Session Date: May 28, 2014 Plus Care Agency Service Agreement with COUNCIL MEETING Date: June 4, 2014 Agape Unlimited Department: DCD — Block Grant Presenter: Marie Vila Phone: 360-473-5375 SUM9VIARY: Since 1996, the City of Bremerton has acted as a pass-through agent for the Shelter Plus Care program administered locally by Agape Unlimited. Funded by the McKinney-Vento Act and administered by the Department of Housing and Urban Development, Shelter Plus Care (SPC) funds provide rental assistance for homeless individuals and families affected by mental illness, chemical dependency, or both. Participants receive assistance and counseling to achieve self- sufficiency, or about two years. The City has executed its contracts for FY2013 Shelter Plus Care allocations with HUD for services to be provided during the programs year 2014-2015, and may now proceed with the sub-recipient agency service agreement between the City and Agape. ATTACHMENTS: Exhibit A: 2014-15 Shelter Plus Care Agency Service Agreement for FY2013 between the City of Bremerton and Agape Unlimited; Exhibit B: 2014-15 Shelter Plus Care Management Procedures FY2013 FISCAL IMPACTS (Include Budgeted Amount): Pass-thru funding of $186,146.00 from the Department of Housing and Urban Development to Agape Unlimited, Project Sponsor. STUDY SESSION AGENDA: 0 No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑x Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the 2014-15 Agency Service Agreement for FY2013 between the City of Bremerton and Agape Unlimited and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTiON: [� Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/25/13 Exhibit A AGENCY SERVICE AGREEMENT Shelter Plus Care Grant CFDA Number: 14.238 AN AGREEMENT, by and between the City of Bremerton hereinafter referred to as "City" and Agape Unlimited, hereinafter refened to as "Agency" by which the Agency agrees to carry out specific activities under the City of Bremerton's Shelter Plus Care Grant Program and establishing certain other terms and conditions of operation. IT IS MUTUALLY AGREED AS FOLLOWS: ARTICLE I. PROJECT 1. SCOPE OF SERVICES The City, as recipient of a Shelter Plus Care Grant from the United States Department of Housing and Urban Development (HTJD), hereby designates the Agency to undertake, and the Agency hereby agrees to undertake the activities specifically described in the applications and management procedures/plan and stunmarized below: Agency will provide affordable housing and a full range of services to homeless individua.ls who have chronic alcohol and drug problems. The continuum of housing linked to appropriate social services is designed to promote self-sufficiency and clean and sober living by providing gradually increasing levels of responsibility and independence based on personal progress in meeting recovery goals. Project based assistance will be provided in accordance with the City's agreement with HUD for grant number WA0098LOT011306, executed on May 15, 2014 for renewal date July 1, 2014. Tenant Based assistance will be provided in accordance with the City's agreement with HUD for grant number WAOl00LOT011306, executed on May 15, 2014 for renewal date July 1, 2014. Sponsor Based assistance will be provided in accordance with the City's agreement with HUD for grant number WA0099LOT011306, executed on May 15, 2014 for renewal date June 1, 2014. The Management Procedures/Plan (Attachment 1) outlines the management of the three programs. 2. TERM OF AGREEMENT The term of this Agreement is June 1, 2014 through June 30, 2015, determined by the specific grant, but may be extended pursuant to an amendment to this Agreement as authorized in Article IV.8, or should additional time for auditing this project be required, in accordance with law, this Agreement shall be deemed automatically extended until such time as the said audit shall be completed. In any event, the term of this Agreement shall cover the period that the Agency has control over Shelter Plus Care funds. Exhibit A 3. PROGRAM REPORTING The Agency shall submit such reports as required by the City to meet its local obligations and its obligation to the Department of Housing and Urban Development. The City will prescribe the report format, as well as the time and location for submission of such reports. Required reports include but are not limited to the following: (A) Semi-Annual Performance Reports which shall include all information required by HUD in the final Annual Performance Report. (B) Annual Housing Quality inspections and rent reasonableness studies. ARTICLE II. FINANCIAL CONDITIONS 1. BUDGET AND COMPENSATION The City shall reimburse the Agency its allowable costs for the services identified in this Agreement not to exceed $34,390.00 (Thirty-four thousand three hundred ninety dollars) under project based assistance contract WA0098LOT011306; $111,4�4.00 (One hundred eleven thousand four hundred fifty-four dollars) under sponsor based assistance contract WA0099LOT011306; and $40,302.00 (Forty thousand three hundred two dollars) under tenant based contract WAOl00LOT011306 upon presentation of properly executed monthly invoices in a form approved by the City. Such reimbursement shall constitute full and complete payment by the City under this Agreement. Allowable costs shall mean those necessary and proper costs identified in the Agency's application and approved by the City unless any or all such costs are disallowed by the State of Washington or the United States. 2. DOCUMENTATION OF COSTS AND OTHER FINANCIAL REPORTING All costs shall be supported by documentation, as evidence of the nature and propriety of the chazges. All accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible, and upon reasonable notice, the City and United States shall have the right to audit the records of the Agency as they relate to the work. The Agency shall also: (A) Maintain an effective system of internal fiscal control and accountability for all Shelter Plus Care funds, and make sure the same are used solely for authorized purposes. Exhibit A (B) Keep a continuing record of all disbursements by date; check number, amount, vendor, description of items purchased and line item from which money was expended, as reflected in the Agency's accounting records. (C) Maintain financial records for a period of five (5) yeazs after receipt of fmal monitoring letter from the City provided that the Annual State audit (which includes the Shelter Plus Care Program) has been completed. (D) Permit inspection and audit of its records with respect to all matters authorized by this Agreement by representatives of the City the State Auditor or the United States at any time during normal business hours and as often as necessary. (E) Inform the City concerning any funds allocated to the Agency that the Agency anticipates will not be expended during the Agreement period, and permit reassignment of the same by the City to other agencies. (F) Repay to the City any funds in its possession at the time of ternunation of this Agreement that may be due to the City or the United States. 3. REINdBURSEMENT The City shall reimburse the Agency only for actual incurred costs upon presenta.tion of a properly executed invoice in a form approved by the City. Only those allowable costs directly related to the Agency's application, shall be paid consistent with Article II paragraph 2. In the event the City or United States determines any funds were expended by the Agency for unauthorized or ineligible purposes or the expenditures constitute disallowed costs in any other way, the City or United States may order repayment of the same. The Agency shall remit the disallowed amount to the City within thirty (30) days of written notification of the disallowance. (A) The Agency agrees that funds detenmined by the City to be surplus upon completion of the Agreement will be subject to cancellation by the City. (B) The Agency agrees that upon expiration of this Agreement, the Agency shall transfer to the City any Shelter Plus Care funds on hand at the time of expiration and any account receivable attributable to the use of Shelter Plus Care funds. (C) The City shall be relieved of any obligation for payments if funds allocated to the City cease to be available for any cause other than misfeasance of the City itself. (D) The City reserves the right to withhold payments pending timely delivery of program reports or documents as may be required under this Agreement. Exhibit A ARTICLE III. FEDERAL CONDITIONS 1. UNI�'ORM ADMI1vISTRATIVE REQUIREMENTS Agency shall comply with regulations set forth in 24 CFR part 582. 2. CONFLIC'� OF INTEREST In addition to the conflict of interest requirements in 24 CFR part 85, no person who is an employee, agent, consultant, officer, or elected official or appointed official of the Agency, who exercises any function or responsibilities with respect to the program or who are in a position to participate in a decision making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from the activity, or have a- financial interest in any contract, subcontract, or agreement with respect to the proceeds of the shelter plus care assisted activity either for themselves or those with whom they have business or immediate family ties, during their tenure or for one year thereafter. Pa.rticipation by homeless individuals who also are participants under the program in policy or decision making under 24 CFR part 582300 does not constitute a conflict of interest. 3. DISPLACEMENT, RELOCATION, AND REAL PROPERTY ACQUISITION The Agency shall comply with the requuements relating to displacement, relocation, acquisition and replacement of housing (24 CFR part 582.335). Displacement of persons (families, individuals, businesses, non-profit organizations and farms) as a result of activities assisted with Shelter Plus Caze funds is generally discouraged and in all instances must receive prior written approval from the City. 4. LEAD BASED PAINT Agency shall comply with HCTD Regulations on Lead Based Paint hazards in federally owned housing and housing receiving Federal assistance. (24 CFR Part 35) 5. DISCRIMINATION PROHIBITED Under the activities, funded in whole or in part by Shelter Plus Caze, Agency shall comply with 24 CFR part 582330. Exhibit A ARTICLE IV: GENERAL CONDITIONS 1. CONIPLIANCE WITH LAWS The Agency, in performance of this Agreement, agrees to comply with all applicable Federal, State and Local Laws and ordinances, and the rules and regulations promulgated by the U.S. Department of Housing and Urban Development, including but not limited to Shelter Plus Care Regulations and other policies and guidelines established for the Shelter Plus Care Program regazdless if the law is specifically stated in this Agreement. 2. I.ICENSING AND PROGRAM STANDARDS The Agency agrees to comply with and to obtain at its own expense, if necessary, all applicable Federal, State, County or Municipal standards for licensing, certification and operation of facilities and programs, and accreditation and licensing of individuals, and any other standazds or criteria as described in the Contract to assure quality of services. 3. INSURANCE The Agency shall maintain at all times a policy of comprehensive general liability insurance providing an amount of $1,000,000.00 per occurrence, protecting the City of Bremerton from any and all damages which may arise in connection with the services to be provided hereunder, whether or not such damages are alleged to arise from acts or omissions which are the sole negligence of the City, its officers, employees, and or agents, or the combined negligence of the City and others. Such insurance shall include the City as additional insured and shall not be reduced or canceled without 30 days written prior notice to the City. The Agency shall provide and maintain a current Certificate of Insurance as evidence of the insurance required in this section. 4. INDEMNI�Y The Agency agrees to defend, indemnify and hold hannless the City, its appointed and elected ofFicers and employees, from and against any and all liability, loss, costs, damage and expense, including costs and attorney fees in defense thereof because of actions, claims or lawsuits for damages resulting from personal or bodily injury, including death at any time resulting therefrom, sustained or alleged to have been sustained by any person or persons and on account of damage to property, arising or alleged to have arisen d'uectly or indirectly out of or in consequence of or the performance of this Agreement, whether such injuries to persons or damage to property is due to the negligence of Agency, its subcontractors, agents, successor, or assigns. This provision shall be inapplicable to the extent the City aze judicially found solely negligent for such damage or injury. Exhibit A 5. NOTICES Any notices required to be given by the City to the Agency or by the Agency to the City shall be in writing and delivered to the following parties at the following addresses: City: Agency: CDBG Program Administrator Barbara Day Maz City of Bremerton AGAPE 345 6 Street Suite 600 4841 Auto Center Way Bremerton, WA 98337 Bremerton, WA 98312 6. ASSIGNMENT AND SUBCONTRACTING The Agency shall not assign or subcontract any portion of the services provided within the terms of this contract without obtaining prior written approval from the City. All terms and conditions of this Contract shall apply to any approved subcontract or assignment related to the Contract. 7. RESERVATION OF RIGHTS Failure to insist upon strict compliance with any terms, covenants or conditions of this Agreement shall not be deemed a waiver of such, nor shall any waiver or relinquishment of such right or power at any time be ta.ken to be a waiver of any other breach. 8. AIVIENDMENTS 'TO AGREEMENT The parties hereby further agree that this Agreement cannot be amended or modified without the written concurrence of both parties. 9. �AILURE TO PERFORM In the event of a failure by the Agency to comply, with any terms or conditions of this Contract or to provide in any manner the activities or other performance as agreed to herein, the City reserves the right to temporarily withhold all or any part of payment pending correction of the deficiency, suspend all or part of the contract, or prohibit the Agency from incurring additional obligations of funds until the City is satisfied that corrective action has been taken or completed. The option to withhold funds is in addition to, and not in lieu of, the City's right to terminate as provided in Article IV. 10 of the General Conditions of this Agreement. The City may consider performance under this Agreement when considering future awards. Exhibit A 10. TERMINATION If the Agency fails to comply with the terms and conditions of this Agreement, the City may pursue such remedies as aze available in accordance v�rith 24 CFR 85.43 including but not lunited to, the ternunation of this Agreement in the manner specified herein. (A) Ternunation for Cause - If the Agency fails to comply with the terms and conditions of this Agreement and any of the following conditions exist: (1) The lack of compliance with the provisions of this Agreement are of such scope and nature that the City deems continuation of this Agreement to be substantially non-beneficial to the public interest; (2) The Agency has failed to take satisfactory corrective action as directed by the City or its authorized representative within the time specified by same; (3) The Agency has failed within the time specified by the City or its authorized representative to satisfactorily substantiate its compliance with the terms and conditions of this Agreement, The City may terminate this Agreement in whole or in part, and thereupon shall notify in writing the Agency of the termination, the reasons therefore, and the effective date. The effective date shall not be prior to notification of the termination by the City to the Agency. Costs resulting from obligations incurred by the Agency after terniination of the Agreement are not allowable unless specifically authorized in writing by the City. (B) Ternunation for Convenience The award may be terminated for convenience, in whole or in part, as follows: (1) By the City with the consent of the Agency. The two parties shall agree upon the termination conditions, including the effective date and in the case of partial ternunation, the portion to be terminated, or (2) By the Agency upon submitting written notification to the City. The written notification must set forth the reasons for the termination, the effective date, and in the case of partial termination, the portion to be ternunated. However, in the case of a proposed partial termination, the City may terminate the award in its entirety if the City determines that the remaining portion will not accomplish the purpose for which the award was made. Exhibit A (C) Termination for Withdrawal, Reduction or Limitation of Fundin� In the event that funding from the Federal government is withdrawn, reduced or limited in any way after the effective date of this contract, and prior to its normal completion, the City may summarily ternunate this Contract as to the funds reduced or limited, notwithstanding any other termination provision of this contract. Ternunation under this Section shall be effective upon receipt of written notice by the Agency or its representative. Fi�y 1[1��'��lly � Upon ternunation of this Contract, in whole or in part for any reason including completion of the project, the following provisions shall apply: (A) Upon written request by the Agency, the City shall make or arrange for payment to the Agency of allowable reimbursable costs not covered by previous payments; (B) The Agency shall submit within thirty (30) days after the date of expiration of this Agreement, all financial, performance and other reports required by this Agreement, and in addition, will cooperate in a program audit by the City; (C) In the event a fmancial audit has not been performed prior to close-out of this Agreement, the City retains the right to withhold a just and reasonable sum from the final payment to the Agency after fully considering the recommendation on disallowed costs resulting from the fmal audit. 12. VENUE AND CHOICE OF LAW Any action at law, suit in equity, or other judicial proceeding for the enforcement of this Agreement or any provisions thereof shall be instituted only in the Court of the State of Washington, County of Kitsap. It is mutually understood and agreed that this Agreement shall be governed by the laws of the State of Washington, both as to interpretation and performance. 13. SEVERABILITY CLAUSE It is understood and agreed by the parties that if any part, term, or provision of this contract is held by the courts to be illegal or in conflict with any law of the state where made, the validity of the remaining portions or provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular part, term, or provision held to be invalid. Exhibit A 14. INTEGRATED DOCUMENT This Agreement with any attachments constitutes the entire agreement between the parties and both parties acknowledge that there aze no other agreements, written or oral, that have not been fully set forth in the text of this Agreement. EXECUTED this ��-( � day of �✓.� (� 2014. AGENCY: AGAPE Unlimited (Agency) (Signature) � �C�.✓ �►v� — ►�V 1C� c �jcec.�h'. �1�.- �' �.�,� (Please Print Nam and Title) ��j'' � � —�� `T (Date) ADMINISTRATOR SHELTER PLUS CARE PROGRAM , Q�,��-��ti�. �I I�, ( f Administrator Date MAYOR, CITY OF BREMERTON � Patty Le Approved as to form: / Bremerton Ci Attorn �D� /� Zo/ Date Exhibit A 1NIDEX TO SHELTER PLUS CARE AGREEMENT Article I. Project 1. Scope of Services 2. Term of Agreement 3. Program Reporting Article II Financial Conditions 1. Budget and Compensation 2. Documentation of Costs and Other Financial Reporting 3. Reimbursement Article III. Federal Conditions 1. Uniform Administrative Requirements 2. Conflict of Interest 3. Displacement, Relocation, Acquisition and Replacement of Housing 4. Lead Based Paint 5. Discrimination Prohibited Article IV General Conditions 1. Compliance with Laws 2. Licensing and Progra.m Standazds 3. Insurance 4. Indemnity 5. Notices 6. Assignment and Subcontracting 7. Reservation of Rights 8. Amendments to Agreement 9. Failure to Perform 10. Ternunation 11. Close-Out 12. Venue and Choice of Law 13. Severability Clause 14. Integrated Document