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HomeMy WebLinkAbout5589 � C��Y�'/l(�" �JO� AGENDA BILL 6 G CITY OF BREMERTON CITY COUNCIL SUBJECT: Approval of Continuum of Care Study Session Date: June 8, 2016 Agency Service Agreement with Agape COUNCIL MEETING Date: June 15, 2016 Unlimited and Grant Agreements with the Department: DCD-Block Grant U.S. Department of HUD Presenter: Sarah Achaoui Phone: 360-473-5375 SUMMARY: The City of Bremerton serves as a pass-through agent for the Continuum of Care program administered locally by Agape Unlimited. Funded by the Homeless Emergency Assistance and Rapid Transition to Housing Act of 2009(HEARTH Act) and administered by the Department of Housing and Urban Development, Continuum of Care 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, for about finro years. The City will need to execute the grant agreements for FY2016 Continuum of Care allocations with HUD for services to be provided during program year 2016-2017 as well as the agency service agreement between the City and Agape. Upon execution of the Grant Agreements in Attachments B- D the City and HUD will execute a consolidation agreement(Attachment E). ATTACHMENTS: ATTACHMENT A: 2016-2017 Continuum of Care Agency Service Agreement between the City of Bremerton and Agape Unlimited; ATTACHMENT B: Continuum of Care Program Grant Agreement, Sponsor Based Rental Assistance ATTACHMENT C: Continuum of Care Program Grant Agreement, Project Based Rental Assistance ATTACHMENT D: Continuum of Care Program Grant Agreement, Tenant Based Rental Assistance ATTACHMENT E: Continuum of Care Program Consolidation Agreement FISCAL IMPACTS (Include Budgeted Amount): Pass-thru funding of$198,170 from the Department of Housing and Urban Development to Agape Unlimited, Project Sponsor. STUDY SESSION AGENDA: 0 No Presentation ❑ Full Presentation STUDY SESSION ACTION: � Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to 1) approve the Agency Senrice Agreement befinreen the City and Agape Unlimited; and 2) approve the grant agreements(Attachments B-E) between the City of Bremerton and the U.S. Department of Housing and Urban Development; and authorize the Mayor to finalize and execute the agreements with substantially the same terms and conditions as presented. COUNCIL ACTION: [,�Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/07/15 . . ����� ��� AGENCY SERVICE AGREEMENT Continaum of Care Grant Program CFDA Number: 14.267 AN AGREEMENT, by and between the City of Bremerton hereinafter refened to as "City" and Agape Unlimited, hereinafter referred to as "A.gency" by wluch the Agency agrees to carry out specific activities under the City of Bremerton's Continuum of Care Graat 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 Continuum of Care Grant &om the United States �Department of Housing and Urban Development (HUD), hereby designates the Agency to undertake, and the Agency hereby agrees to undertake the activities speciScally described in the applications and management procedures/plan aad summarized below: Agency will provide affordable housing and a full range of services to homeless individuals who have chronic alcohol and/or drug pmblems. The continuum of housing linked to appropriate social�services is designed to promote self-sufficiency and clean and � sober living bY P��� �ua11Y���5 levels of responsibility and independence based on personal progress in meeting recovery goals. Project, Sponsor and Tenant Based assistaace wiil be provided in accordance with the City's agreement with HUD for grant numlie� WA099LOT011508, executed on June 15, , 2016 for renewal date June 1,2016. The Management Proc�dures/Plan (Attachment 1) outlines the management of the three P��• 2. TERM OF AGREEMENT The term of this Agreement is Jnne 1,2016 through May 31,2017, determined by the specific grant, but may be extended pursuant to an amendment to t�is Agreement as authorized in Article N.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 aay event, the term of tlris Agreement shall cover the period that the Ageacy has control over Continuum of Care fiuids. 3. PROGRAM REPORTIlVG The Agency shall submit such reports as required by the City to meet its local obligations and its obligation to the Departmem of Housing aad Urban Developmen� 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 Perfomiance Reports which shall include all information required by I-�iJD in the final Annual Performance Report. (B) Annual Housing Quality inspections and rent reasonableness studies. 4. AUDIT REVIEW The Agency shall submit an annual audit to the City Bremerton for review. 5. AGEIVCY REQUIREMENTS (a) The Agency will maintain the confidentiality of records pertaining to any individual or family that was provided family violence prevention or treatment services through the project, (b) The address or location of any family violence proje�t assisted with grant funds will not be made public,except with written authori7ation of the person responsible for the operation of such project; (c) The Ageacy will establish polices and practices that are consistent with, and do not restrict, tlie exercise of rights provided by subtitle B of tide VII of the Act aad other laws relating to the provision of educational and related services to individuals and families experiencing homelessness; (d) In the case of projects that provide housing or services to families, that the Agency will designate a staff person to be responsible for ensuriug that children being served in the program are enrolled in school and connected to appropriate services in the community, including early childhood pmgrams such as Head Start, part C of the Individuals with Disabilities Education Act,and programs authorized under subtide B of title VII of the Act. (e) To establish such fiscal control aad accounting procedures as may be necessary to assure the pmper disbursal of, and accounting for grant funds in order to ensure that all financial transactions are conducted,and records maintained in accordance with generally accepted accounting principles. (� To take the educational needs of children into account when families ere placed in housing and will,to the maximum extent practical,place families with children es close as possible to their school of origin so as not to disrupt such children's education; (g) To use the centralized or coordinated assessment system established by the Continuum of Care as required by the Rule. A victim service provider may choose not to use the Continuum of Care's centralized or coordinated assessment system that meets . HUD's minimum requirements and the victim service provider uses that system instead. ARTICLE II. FINANCIAL CONDITIONS 1. BUDGET AND COMPENSATION The City shall reunburse the Agency its allowable costs for the services identified in this Agreement not to exceed $36,502.00 (Thirty-sig tLousand 5ve liundred-two dollars) under project based assistance contract WA0098LOT011508; $118,462.00 (One bundred eighteen thousand four-hundred sigty-two dollars) under sponsor based ' assistance contract WA0099LOT011508; and $43;206.00 (Forty-three thousand two- hundred and sig dollars) uader tenant based contcact WAOl00LOT011508 upon presentation of properly executed monthly invoices in a form appmved by the City. Such reimbursement shall constitute full and complete payment by the City under this Agreement. Allowable wsts 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 OTAER FINANCIAL REPORTII�TG All costs sha11 be supported by documentation, as evidence of the natiue and propriety of the charges. All accounting documents pertaining in whole or in part to ttris Agreement shall be clearly identified and neadily accessible, aad upon reasonable notice, the City and United States shall have the right to sudit the records of the Agency as they relate to the work. The Agency sha11 a1so: (A) Maintain an effective system of internal fiscal control and accountability for all Continuum of Care funds, and make sure the same are used solely for authorized purposes. (B) Keep a continuing record of all disbursements by date; check nwnber, 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 six (6) years after re�eipt of final monitoring le�tter from the City provided that the Annual State audit (which includes the Continuum of Care Program)has been complete�. (D) Permit inspection and sudit of its records with respect to all matters authorized by tlus Agre�ment 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 coacerning any funds allocated to the Agency that the Agency anticipates will not be expended during the Agre�ment period, and pemut reassignment of the same by the City to other agencies. (� Repay to the City any funds in its possession at the time of termination of this Agreement that may be due to the City or the United States. 3. REIMBURSEMENT The City shall reimburse the Agency only for actual incurred costs upon presentation 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 paragiaph 2. In the event the City or United States determines any funds were expended by the Agency for unauthorized or ineligible pwposes or the expenditiu+es 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 tluriy (30) days of written notification of the disailowance. (A) The Agency agrees that fimds determined 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 traosfer to the City any Continuum of Care funds on hand at the time of expiration and any account receivable attributable to the use of Continuum of 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 Agi�eement, ARTICLE III. FEDERAL CONDITIONS 1. UN�ORM ADMINISTRATIVE REQUIREMENTS (A) Agency shall comply with regulations set forth in 2 CFR 200, Uniform Administrative Requirements, Cost Princ�ples, and Audit Requfrements for Federal Awnrds: (B) All agencies are to procure audit services based on 2 CFR Part 200 Subpart F;and (1) The Agency shall maintain its records and accounts so as to facilitate the audit requirement and shall ensure that all contractors(perforn�ing all or part of the services under this Agreement under a separate contract with the Agency)also maintain auditable records. (2)The Agency is responsible for any audit exceptions incurred by its own organization or that of its Contractors. (3)The City of Bremerton reserves the right to recover from the Agency all disallowed costs resulting from the audi� (4)Responses to any unresolved management findings and disallowed or questioned costs shall be included with the audit report.The Agency must respond to the City of Bremerton requests for information or carrective action concerning audit issues within thiriy(30)days of the date of request. 2. CONFLICT 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' aze in a position to participatc in a de�ision 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 continuum of 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. Patticipation by homeless individuals who also are participants under the program in policy or decision making under 24 CFR part 582.300 does not constitute a conflict of interest. 3. DISPLACEMENT, RELOCATION, AND . REAL PROPERTY ACQUISITION The Agency shall comply with �e requirements relating to displacement, relocation,acquisition and replacement of housing(24 CFR part 582.335). Displacement of persons (families, individuals, businesses, non-profit organi�ations and farms) as a result of activities assisted with Continuum of Care funds is generally discouraged and in all instances must receive prior written appmval from the City. 4. LEAD BASED PAINT Agency sha11 comply with HUD Regulations on Lead Based Paint hazards in federally owned housing and housing receiving Federal assistance. (24 CFR Part 35 subparts A,B,J,K and R)which require elimination,as far as practical,of immediate hazards,due to the presence of paint in residential structiues which may cotttain lead to which children under seven years of age may be exposed. 5. DISCRIN�TATION PROffiBITED Under the activities, funded in whole or in part by Continuum of Care, Agency sha11 comply with 24 CFR patt 582.330. 6. IDEBARMEN!'AND SUSPENSION The Agency agiees to comply with Executive Orders 12549 and 12689 regarding debarment and suspension ARTICLE IV: GENERAL CONDITIONS 1. COMPLIANCE WITH LAWS The Agency, in performance of this Agreement, agrees to comply with all applicable Federal, State and Local Laws and ordinanc�, and the rules and regula6ons promulgated by the U.S. Department of Housiag and Urban Development, including but not linuted to Continuum of Care Regulations and other policies aad guidelines established for the Continuum of Care Program regardless if the law is specifically stated in this Agreement. 2. LICENSING AND PROGRAM STANDARDS The Agency agnees 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 standards 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 Hremerton 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 fmm acts or omissions wluch are the sole negligence of the City, its officers, employees, and or agents, or ttie 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 pmvide and maintain a ctnrent Certificate of Insurance as evidence of the insurance required in this section. 4. INDENIlIIITY The Agency agrees to defend, indemnify and hold harmless the City,its appointed � and elected officers and employees, from and against aay and all liability, loss, costs, damage and expense, including costs and attomey fees in defense thereof because of actions, claims or lawsuits for damages resulting from personai 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 properiy, arising or alleged to have arisen directly or indirectiy out of or in consequence of or the performance of this Agreement,whether such injuries to persons or damage to pmperty is due to the negligence of Agency, its subcontractors, agents, successor, or assigns. This provision shall be inapplicable to the extent the City are judicially found solely negligent for such damage or injury. 5. NOTICES Any notices required to be given by the City to the Agency or by the Agency to the City shall be in wrifiing and delivered to the following parties at the following addresses: City: Agency: Sarah Achaoui CDBG Program Administrator Ron Ness,Board President City of Bremerton AGAPE Unlimited 345 6m Street,Suite 600 4841 Aato Center Way,Suite 101 Bremerton,WA 98337 Bremerton,WA 98312 6. ASSIGNMENT AND SUBCONTRACTIIVG The Agency shall not assign or subcoatract any portion of the services pmvided within the terms of this contract without obtaining prior written approval &om the City. All teims aad conditions of this Contract shall apply to any approved subcontract or assignment related to the Contract. 7. RESERVATION OF RIGATS Failure to insist upon strict compliance with any terms,covenaats or conditions of this Agreement shall not be deemed a waiver of such, nor sball any waiver or relinquishment of such right or power at any time be taken to be a waiver of any other breach. 8. AMENDMENTS TO AGREEMENT The parties hereby further agree that this Agreement cannot be amended or modified without the written concurrence of both parties. 9. FAILURE TO PERFORM In the event of a failure by the Agency to comply, with any terms or conditions of tlris Contract or to pmvide 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 con�ective action has been taken or completed. The option to withhold fuads is in addition to,and not in lieu o�the City's right to terminate as provided in Article N. 10 of the General Conditions of this Agreemen� The City may consider performance under this Agreement when considering firture awards. 10. TERNIINATION If the Agency fails to comply with the terms and conditions of this Agreement, the City may pursue such remedies as are available in accordance with 24 CFR 85.43 includi.ng but not limited to, the termination of this Agreement in the manner specified herein. (A) Ternunation for Cause - If the Agency fails to comply with the teims and conditions of this Agreement and any of the following conditions exist: (1) The lack of compliance with the provisions of t�is 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 con�tive action as directed by the City or its authorized representative within the time specified by same; � (3) The Agency has failed within the time speci5ed by the City or its authorized representative to satisfactorily substantiate its compliance with the terms and conditions of this Agreement, The City may tenninate this Ag�reement 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 incun�ed by the Agency after termination of the Agreement are not allowable unless specifically authorized in writing by the City. (B) Termination for Convenience The award may be terniinated 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 paztial termination,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 tennination, the effecrive date, and in the case of partial termination, the portion to be terminated. However, in the case of a proposed partial termination, the City may terminate the award in its entirety if the City dete7mines that the remaini.ng portion will not accomplish the purpose for wluch the award was made. (C) Termination for Withdrawal.Reduction or Limitation of Fun �nQ 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 swmmarily terminate this Contract as to the funds reduced or limited, notwithstanding any other temzination pmvision of this contract. Termination under this Section sha11 be effective upon receipt of written notice by the Agency or its representative. 11. CL03E-OUT Upon termination 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 anange 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 Agi�eement, and in addition,will cooperate in a program audit by the City; (C) In the event a financial 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 final audit 12. VENUE AND CHOICE OF LAW Any action at law, suit in equity, or other judicisl 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 int�rpretation and performsace. 13. SEVERABILITY CLAUSE It is understood and agreed by the parties that if any part, term, or pmvision 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 she�ll be construed and enforced es if the Agreement did not contain the particular part,term,or provision held to be invalid. 14. INTEGRATED DOCUMENT This Agreement with any attachments constitutes the entir� agreement between the pazties and both parties acknowledge that there are no other agreements, written or oral,that have not been fully set forth in the text of this Agreement. EXECUTED this day of 2016 AGENCY: AGAPE Unlimited (Agency) BY: ( lgnat�u�e) X�G��� S�Y1�1a-I�PZ.-��P IoPS �n�e t iw► � � G-�Di2 (Please Print Name an Title) ��re � (nate) . MIIVISTRATOR CONTINWM OF CARE PROGRAM C��I�- 1 I lo Administrator Date MAYOR�CITY OF BREM�RTON � 06 �� -� Patty Lent Date Approved as to form: � Bremerton Attomey INDEX TO CONTINUUM OF CARE AGREEMENT Article I. Project 1. Scope of Services 2. Term of Agrcement 3. Program Reporting Article II Financial Conditions 1. Budget and Compensation 2. Documentation of Costs and Other Financial Reporting 3. Reunbursement Article III. Fedecal Conditions 1. Uniform Adminishative 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 Program Standards 3. Insurance 4. Indemnity 5. Notices I 6. Assignment and Subcontracting 7. Reservation of Rights 8. Amendments to Agreement 9. Failure to Perform 10. Termination 11. Close-Out 12. Venue and Choice of Law 13. Severability Clause � 14. Integrated Document