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5409
AGAPE UNLIMITED
ASA - Shelter Plus Care Grant
CDBG
LEG 12-1
6/1/2014
6/30/2015
2016
Comments :
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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
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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