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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