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HomeMy WebLinkAbout5.385 Original Contract 5.3g5 AGREEMENT THIS AGREEMENT is made this 15th day of AU9ust 1995, by and between the City of Port Angeles, hereinafter to as "City," and Serenity House, a /du)J-Pl!.Dfl\, hereinafter to as "serenity House." l!O(2. j& '50 REPRESENTATIONS , referred referred 1. Sereni ty House is in the process of developing the Evergreen Family Village, which will provide sixteen units of transitional housing for homeless families with children for three to 24 months. Participants will be selected according to their readiness to build self-sufficient life styles. Most families will have unstable incomes of 30% of median or lower when they enter the program. The purpose of this project is to assist with financial stability, enhanced living skills, permanent housing and healthy relationships to sustain them in the community. 2. One of the grants awarded for the project is through the Washington State Department of Communi ty , Trade and Economic Development, Community Development Block Grant (CDBG) Housing Enhancement Program funds. However, in order to receive this grant, the award must be received through the city of Port Angeles on behalf of Serenity House in order to comply with grant regula- tions. 3. The city is willing to accept and administer the grant award and receive the grant funds on behalf of Serenity House, provided that Serenity House agrees to accept full responsibility and liability for compliance with grant requirements as well as .~ administration and use of grant funds in compliance with all other ~Plicable laws. " AGREEMENTS NOW, THEREFORE, in consideration of the above representations and the agreements hereinafter mentioned, to be made and performed by the parties hereto, the parties covenant and agree as follows: 1. The City will accept and administer the grant application on behalf of Serenity House to the Washington State Department of Community, Trade and Economic Development (CTED) for a Community Development Block Grant (CDBG) Housing Enhancement Grant, herein- after referred to as the "Grant," to assist in the construction of the Evergreen Family Village. In addition, the City will receive and pass through to Serenity House such funds as may be awarded pursuant to the Grant. 2. Serenity House will comply with grant requirements and shall administer and use the grant funds in compliance with all other applicable laws. In the event of noncompliance or any allegation of noncompliance, Serenity House will use its best efforts to correct any instances of noncompliance. In the event that Serenity House' corrective actions are not satisfactory to the State or to the City, then Serenity House shall take whatever further actions are necessary to obtain compliance. 3 . Sereni ty House agrees to indemnity, defend and hold harmless the city and any of its officers, agents, or employees with regard to any liability, expenses or damages resulting from claims of noncompliance with grant requirements or other applicable laws in any way related to the administration and use of grant funds obtained pursuant to this Agreement. 4. In the event that the State requires the City to bring any enforcement action of any nature whatsoever against Serenity House, Serenity House shall reimburse the city for all its costs and expenses, including attorneys' fees, regardless of whether such 1 enforcement action is brought by the City's officers and employees or brought by agents retained by the City for that purpose. 5. In the event that the City is forced to compel the terms of this agreement because Serenity House has failed, neglected or refused to voluntarily comply with its terms, then Serenity House shall reimburse the City for all its costs and expenses, including attorneys' fees, regardless of whether such enforcement action is brought by the City's officers and employees or brought by agents retained by the City for that purpose. 6. Any duly authorized representatives of the City shall have the right to inspect the records of serenity House for the grant upon reasonable prior notice to Serenity House. Serenity House shall keep the grant records in accord with accepted and required accounting principles and grant requirements, which records shall account for the services provided and the revenue received. 7. All assets, real or personal, used or obtained by serenity House in conjunction with the grant-funded project, shall remain the property of Serenity House. serenity House shall be responsi- ble for maintenance and/or replacement of said property. 8. Serenity House will comply with sections Band C of the Project Summary as set forth in Attachment I, attached hereto. 9. Serenity House will comply with all applicable City, State or federal requirements with regard to nondiscriminatory treatment of all persons, without respect to race, creed or national origin, and, in particular: a. Serenity House shall maintain open hiring and employ- ment practices and will welcome applications for employment in all positions from qualified individuals who are members of minorities protected by federal equal opportunity/affirmative action require- ments; and b. Serenity House shall comply with all requirements of applicable federal, state or local laws or regulations issued pur- suant thereto, relating to the establishment of nondiscriminatory requirements in hiring and employment practices and assuring the services of all persons without discrimination as to any person's race, color, religion, sex, viet Nam era veterans' status, disabled veteran condition, physical or mental handicap, or national origin. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove written. CITY OF PORT ANGELES SERENITY HOUSE ~l\ S:cu~ By ~~ ~~~ Mayo Its Attest: ~t1.~ ~XJpbon{, Clerk Carol~A. Hagar, Deputy Ap, roved as to Form: ~ X~KX~~~~~~~, City Attorney Dennis C. Dickson, Sr. Asst. C \DATA\WP\CONTRACT\SERENITY CON 2 ATTACHMENT I - 1994 PROJECT SUMMARY Contractor: CITY OF PORT ANGELES Contract No. 1-94-743-087 Section A: Brief Description: The City of Port Angeles will provide CDBG Housing Enhancement funds for land acquisition to support the Evergreen Family Village. The Evergreen Family Village will provide 16 units of transitional housing for homeless families with children. Serenity House will own and operate the Evergreen Family Village as transitional housing for a period of not less than 50 years. The Evergreen Family Village will serve approximately 55 persons, all which will be low-income persons for a 100% benefit to low- to moderate-income persons. Total project costs are estimated at $1,879,656, and include $183,400 in CDBG Housing Enhancement funds; $652,986 in Housing Trust Funds; $832,324 in other federal funds; and $210,945 in private funds. Section B: GoalslExpected ResultslProducts > , Budget Category Line Item I GoalslExpected ResultslProd uets I 13. General Admin. 13. General Admin. . Satisfy all requirements for the proper handling and distribution of CDBG funds targeted to this project. . Establish and maintain administrative point of contact and program administration procedures, record keeping and financial management systems in accordance with federal and state CDBG requirements. . Compile, complete, and submit all necessary CDBG reports, as requested 1. Acquisition I. Acquisition . Purchase approximately two acres of property for the Evergreen Family Village. . Ensure compliance with all state and federal regulations and procedures. 25 ATTACHMENT I -1994 PROJECT SUMMARY (continued) Section C: Project Scbedule and Budget Budget Category Line Item Project Activities Schedule Budget Amount 13. General 13. General . Execute contract with CTED. 8/95 $0 Admin. Admin. . Establish and maintain administrative, financial, 8/95 reporting, and record keeping systems. . Complete applicable civil rights requirements. Ongoing . Submit a CDBG Grantee Close-out Performance Report. 7/96 ]. Acquisition ]. Acquisition . Conduct environmental review. 7/95 $ ] 83,400 . Property rezoned. 8/95 . Conduct appraisal of property. 7/95 . Have appraisal reviewed. 8/95 . Resolve Conflict oflnterest issue. 8/95 . Secure Conditional Use Permit. 8/95 . Purchase property. 8/95 . Conduct public hearing to assess project success. 6/96 . Arrange for an audit. 7/96 TOTAL $ ] 83,400 " 26