EXHIBIT A SPECIFIC TERMS AND CONDITIONS HOMELESS GRANT ASSISTANCE PROGRAM

Transcription

1 EXHIBIT A SPECIFIC TERMS AND CONDITIONS HOMELESS GRANT ASSISTANCE PROGRAM I. INTRODUCTION By Section 9 of Chapter 484, Laws of 2005, codified as Revised Code of Washington ( RCW ) (the Legislation ), the Washington legislature authorized the imposition of an additional $10.00 surcharge for the recording of documents with county auditors. A portion of that surcharge is to be used by the State of Washington (the State ) for distribution to local governments through its homeless housing grant program pursuant to Chapter C RCW, the Homelessness Housing and Assistance Act (the Act ). This contract (the Contract ) is made pursuant to the Legislation and the Act. The purpose of the Contract is to use homeless grant funds awarded to Snohomish County (the County ) by the State consistent with Homeless Grant Assistance Program Contract No between the County and the State effective October 15, 2007 (the CTED Contract ), the Act, and the County s and the State s homeless housing program strategic plans to provide programs to assistant homeless individuals and families gain access to adequate housing, prevent at-risk individuals from becoming homeless, address the root causes of homelessness, track and report on homeless-related data, and facilitate the movement of homeless or formerly homeless individuals along the housing continuum toward more stable and independent housing. II. DEFINITIONS Terms used throughout this Contract are defined below: A. "County" means Snohomish County, a political subdivision of the State of Washington. B. "Contractor" means the local government, housing authority, community action agency or other nonprofit organization performing services under this Contract. The term Contractor shall include any subcontractor retained by the Contractor as permitted under the terms of this Contract. C. "Ending Homelessness or Ending Homelessness Program means the County program funded both by the revenues collected by the County pursuant to the Legislation and by the grant of revenues collected by the State pursuant to the Legislation. III. CONTRACT PERIOD The term of the Contract shall be from October 15, 2007 through October 31, IV. SCOPE OF SERVICES Page 1 of 14

2 The Contractor shall provide the services described in Exhibit B, Statement of Work, pursuant to the provisions of this Contract. The Contractor shall initiate criminal history background checks pursuant to RCW and RCW for all prospective employees and volunteers who may have unsupervised access to children. V. AMOUNT OF FUNDING The County shall reimburse the Contractor for services provided under this Contract up to a total amount not to exceed the maximum amount stated on the Contract Face Sheet or amended Contract Face Sheet (the Contract Maximum ). VI. ALLOWABLE COSTS Costs allowable under this Contract are based on an approved budget up to the Contract Maximum. If provided for in the Statement of Work (Exhibit B) and the Budget (Exhibit C), allowable use of Ending Homelessness Program funds provided under this Agreement shall include: A. Administrative Costs: Costs associated with direct and indirect administrative expenses. B. Rental Assistance: Project based leasing costs. Unit inspections, case management mileage, supplies and landlord incentives. C. Supportive Services: Costs associated with but not limited to: Salaries, Benefits, Mental Health services, drug/alcohol treatment, child care gap assistance, education gap assistance, and furnishing apartments. Funding awarded under this Contract may only be paid for eligible uses described in the current Homeless Grant Assistance Program ( HGAP ) Guidelines promulgated by the State, which Guidelines are incorporated herein by this reference, and described in this Contract. VII. ANTICIPATORY COSTS This Contract shall be effective when it has been signed by all parties (the Effective Date ). Allowable costs under this Contract shall include costs incurred by the Contractor during the Contract term set forth on the Contract Face Sheet or amended Contract Face Sheet, PROVIDED, that all costs shall not exceed the Contract Maximum, and PROVIDED, FURTHER, that no payments will be made before the Effective Date. VIII. ADMINISTRATIVE COSTS ALLOCATION Administrative costs actually incurred to support operating activities funded under this Contract may be charged to this Contract up to the amount specified in Exhibit C. Page 2 of 14

3 IX. CONTRACT AMENDMENTS A. Conditions Changing Performance If changes to the CTED Contract or changes to state laws, regulations, or funding impact this Contract, then the terms and performance of this Contract will be amended to reflect those changes. B. Unilateral Amendments The Contractor agrees in advance that the following amendments in the Contractor's services or project can be made by the County alone: 1. Changes that do not alter the basic project purpose, such as administrative reporting requirements; 2. Changes that extend the time granted for completion of performance by up to six (6) months; 3. Changes that increase the Contract award; or 4. Changes that modify terms of performance standards, measures and/or outcomes. The designated representative of the County will inform the Contractor in writing of these amendments. Because the Contractor has agreed in advance to these amendments, only the signature of the designated representative of the County is required for these amendments to take effect. C. Amendments by Mutual Agreement Amendments to the Contract that do not meet the criteria of paragraph B of this Section will be mutually agreed upon in writing by the County and the Contractor. X. PERFORMANCE REVIEW At a minimum, the County shall review quarterly the Contractor's level of planned performance compared to actual performance as reported on monthly expenditure and quarterly reports as provided pursuant to Section XVII of this Contract. In the event that the Contractor is not meeting the minimum requirements and performance measures according to the Logic Model and Scope of Work, the County may terminate the agreement and secure an alternate Contractor. XI. PERFORMANCE STANDARDS AND LICENSING Page 3 of 14

4 The Contractor shall comply with all applicable local, state and federal licensing and accrediting requirements/standards and any other standards or criteria established by the County to ensure quality of services necessary for the performance of this Contract. The Contractor shall perform services defined in the County s Technical Submission, with amendments, if any, and in accordance with expenditure projections, other policies issued by the County s Office of Housing, Homelessness and Community Development, other policies issued by the County, and applicable federal and state regulations. XII. PROHIBITIONS Funds awarded under this Contract shall not supplant other existing funding sources. Funds awarded under this Contract shall not be used for: A. Activities not related to the Ending Homelessness Program; or B. Administrative expenses above the amount specified in Exhibit C (the Budget or the amended Budget). XIII. DOCUMENTS INCORPORATED BY REFERENCE In performing the services under this Contract, the Contractor shall comply with all applicable laws, ordinances, codes, regulations, and policies of local, state and federal governments, including, but not limited to, the County s Technical Submission for the Homeless Grant Assistance Program. XIV. BUDGET REVISIONS The Contractor shall expend funds awarded under this Contract in accordance with the approved Budget set out in Exhibit C to the Contract. Any revision to the approved budget must be made according to procedures issued by the County, and shall be subject to all requirements contained in this Contract and the Basic Terms and Conditions between the parties. XV. FINANCIAL MANAGEMENT SYSTEMS The Contractor shall maintain copies of all reimbursement requests for services provided with funds under this Contract. The Contractor shall maintain records which disclose all costs allowable for reimbursement, including accurate, current and complete disclosure of all direct and indirect costs. If the Contractor's systems fail to meet the standards contained in the Basic Terms and Conditions between the parties and/or in this Contract, the Contractor shall maintain a separate bank account for funds provided under this Contract. XVI. BASIS FOR PAYMENT AND BILLING PROCEDURES Reimbursement for services delivered under this Contract shall be on a costreimbursement basis. Reimbursement shall be provided for services provided pursuant to Page 4 of 14

5 the Statement of Work (Exhibit B). The Contractor shall submit, in a format prescribed by the County, an invoice detailing, on a monthly basis, all costs associated with the program based on the pre-approved budget (Exhibit C). Reimbursement will be made upon the receipt and approval of the invoice and reports then required by Section XVII submitted within ten (10) days after the end of the month in which expenses were incurred. If expenditure reports are not submitted in a timely manner or fails to file an expenditure report within any two-month period, the County may elect to terminate the Contract. XVII. REQUIRED REPORTS The Contractor shall submit required reports by the due dates shown below, using required forms according to procedures issued by the County. These reports shall include, but not be limited to: REPORT Expenditure Report and Request for Reimbursement Ending Homelessness Report Point in Time Count survey forms covering all services provided to homeless persons during the survey period Annual Audit DUE DATE The 10th day of the month following any month in which services have been provided The 10th day of the month following any month in which services have been provided Upon request, but limited to two survey periods per year As soon as available, but by no later than 13 months after the end of its fiscal year The Contractor shall be obligated to submit required reports after the close of the Contract period, during the transfer of obligations to another Contractor, or upon termination of the Contract for any reason. XVIII. HOMELESS MANAGEMENT INFORMATION SYSTEM PARTICIPATION The Contractor shall participate in the Snohomish County Homeless Management Information System ( Snohomish County HMIS ) which is administered by the County s Human Services Department. Snohomish County HMIS is an electronic database that collects data on homeless persons who receive outreach, homeless prevention and intervention services, emergency shelter, transitional housing, supportive services not linked with housing, and permanent supportive housing. Participation includes, but is not limited to, technical set up, staff training, development of and adherence to an HMIS implementation schedule, ongoing entry of client data in a Page 5 of 14

6 timely manner, adherence to other requirements as set forth in the Snohomish County HMIS Policy and Procedures Manual, and adherence to the requirements set forth in the Agency Partner Agreement and User Policy, Code of Ethics and Responsibility Statement executed by the Contractor and Contractor s staff. XIX. ACKNOWLEDGMENT OF COUNTY FUNDING Publications such as, but not limited to, reports and pamphlets, which are developed totally or in part with funds provided under this Contract shall give credit to the funding source by including the following language: "Funds made available through the Snohomish County Office of Housing, Homelessness and Community Development." XX. WRITTEN POLICIES AND PROCEDURES Written policies and procedures consistent with federal and state regulations, as applicable, shall be kept on file in the office of the Contractor and available for review. Such policies and procedures shall include, but not be limited to: A. Personnel and job descriptions; B. Organizational chart; C. Travel; D. Fiscal management; E. Location of handicap accessible facilities and services for homeless people with special needs; F. Provision for bilingual public contact employees as appropriate. XXI. DOCUMENTS ON FILE Documents consistent with federal and state regulations, as applicable, shall be kept on file in the office of the Contractor and made available for review by the County at reasonable times. Such documents shall include, but not be limited to: A. Articles of incorporation/tribal charter; B. By-laws; C. IRS nonprofit status certification; D. Current Contractor audit; E. Insurance and bonding policies required by the Contract; and Page 6 of 14

7 F. Contract Face Sheet. XXII. CONFLICTS OF INTEREST AND KICKBACKS In addition to the Conflicts of Interest and Kickbacks provisions of the Basic Terms and Conditions between the Contractor and the County, gratuities in the form of entertainment, gifts or otherwise offered by the Contractor, or an agent or representative of the Contractor, to any officer or employee of the County, with a view towards securing this Contract or securing favorable treatment with respect to the awarding, amending, or the making of any determination, will render this Contract voidable at the option of the County and may justify further action under Chapter RCW. XXIII. COVENANT AGAINST CONTINGENT FEES The Contractor promises that no person or selling agency has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage, or contingency fee. The County shall have the right, in the event of breach of this clause by the Contractor, to annul this Contract without liability or, at its discretion, to deduct from the Contract the price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee, or seek such other remedies as are legally available. XXIV. NONDISCRIMINATION In addition to the Nondiscrimination provisions of the Basic Terms and Conditions between the Contractor and the County, to the extent applicable, during the performance of this Contract, the Contractor shall comply with all federal and state nondiscrimination laws, including, but not limited to Chapter RCW, Washington s Law Against Discrimination, and 42 U.S.C et seq., the Americans with Disabilities Act. XXV. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS In addition to the Noncompliance With Nondiscrimination Plan provisions of the Basic Terms and Conditions between the Contractor and the County, the parties agree that: A. In the event of the Contractor s noncompliance or refusal to comply with nondiscrimination laws, regulations or policies, this Contract may be suspended or terminated in whole, or in part, and the Contractor may be declared ineligible for further contracts with the County; and B. The Contractor shall, however, be given a reasonable time, as determined by the County, in which to take corrective action that will bring it into compliance. XXVI. TREATMENT OF CLIENTS Page 7 of 14

8 The Contractor shall not: A. Deny shelter to a homeless person or family because of inability to pay; B. Require participation in a religious service as a condition of receiving assistance; or C. Require residency in the designated service area as a requirement for a homeless person to receive services. XXVII. MONITORING OF HOUSING UNITS Permanent housing units shall be monitored in a manner which ensures that all clients are treated with dignity and provided with a sanitary, healthy and safe environment. Inspections of units will be conducted by County and subcontractor case management staff. The inspection process will be detailed and authorized in all participant documents. XXVIII. ENVIRONMENTAL TOBACCO SMOKE Smoking is not permitted in any portion of any indoor facility owned, leased or contracted for by the Contractor and used routinely for the provision of services to children under the age of 18. XXIX. COORDINATION OF ACTIVITIES Activities shall be coordinated with similar and related programs administered by the federal government and the State of Washington, including but not limited to Continuum of Care planning. XXX. VOLUNTEERS The Contractor shall make a reasonable effort to secure the services of unpaid volunteers and other training or work program participants to supplement staff at no additional costs under this Contract. XXXI. RECAPTURE PROVISION In the event that the Contractor fails to expend funds in accordance with the provisions of this Contract, the County reserves the right to terminate the contract and carry over remaining unspent funds to a new Contractor. XXXII. PROCUREMENT STANDARDS The Contractor must establish procurement policies and procedures for all purchases funded by this Contract, in accordance with the requirements established in the Basic Terms and Conditions between the parties. Page 8 of 14

9 XXXIII. ACCESS TO DOCUMENTS AND PERSONNEL The Contractor shall maintain books, records, documents and other evidence of accounting procedures and service delivery policies and practices that are sufficient to permit the preparation of reports required by the County to permit the tracking of funds to a level of expenditure adequate to ensure that the funds have been spent in accordance with applicable federal and state laws, regulations, policies and procedures, the CTED Contract and this Contract. These records shall be subject at all reasonable hours to inspection, review or audit by the County. The Contractor shall provide access to its facilities and personnel at all reasonable times, in order to monitor and evaluate performance, compliance, and quality assurance under this Contract. XXXIV. DISALLOWED COSTS The County reserves the right to recover from the Contractor disallowed costs resulting from an audit. XXXV. RECORDS RETENTION In addition to the provision on records retention in the Basic Terms and Conditions between the Contractor and the County, the Contractor shall retain all property, materials and supplies records for a period of six (6) years following the expiration or termination of the Contract. XXXVI. AUDIT REQUIREMENTS Contractors expending $75,000 or more in total state funds in a fiscal year must have a financial audit as defined by Governmental Auditing Standards (The Revised Yellow Book) developed by the Comptroller General, dated July 1988, and according to Generally Accepted Auditing Standards ( GAAS ). As applicable, contractors required to have an audit must ensure the audits are performed in accordance with Generally Accepted Accounting Principles; Government Auditing Standards (The Revised Yellow Book); the OMB Compliance Supplement for Single Audits of State and Local Governments, and the Compliance Supplement for Single Audits of Educational Institutions and Other Nonprofit Organizations; OMB Circular A- 133, Audits of Institutions of Higher Education and Other Nonprofit Organizations; and all state laws and regulations, if any, governing the Ending Homelessness Program. The audit of a Contractor's program shall be conducted by the Office of the State Auditor if the Contractor is a state or local government entity, or by an independent certified public accounting firm selected by the Contractor if the Contractor is not a state or local government entity. Page 9 of 14

10 If applicable, the Contractor must prepare a Schedule of Financial Assistance for federal and state funds that includes: grantor name, program name, federal catalog (CFDA) number, grantor Contract number, total award amount, beginning balance, current year revenues, current year expenditures, and ending balance. The Contractor shall maintain its records and accounts in such a way as to facilitate the County's audit requirements, and ensure that subcontractors also maintain records which are auditable. The Contractor is responsible for any audit exceptions incurred by its own organization or by its subcontractors. The County reserves the right to recover from the Contractor disallowed costs resulting from the final audit. Pursuant to Section XVII, the Contractor is responsible for sending the audit report to the County as soon as it is available, but no later than thirteen (13) months after the end of the Contractor's fiscal year. Responses to previous management findings and disallowed or questioned costs shall be included with the audit report. The Contractor will respond to County requests for information or corrective action concerning audit issues within thirty (30) days of the date of request. XXXVII. SUSPENSION OR TERMINATION In addition to the "Termination or Suspension" provisions of the Basic Terms and Conditions between the Contractor and the County, the parties agree that: A. The County reserves the right to suspend all, or part, of the Contract, to withhold further payments, or to prohibit the Contractor from incurring additional obligations of funds, if the County has reason to believe that fraud, abuse, or violation of the law has occurred on the part of the Contractor in the performance of this Contract. B. In the event the County determines the Contractor has failed to comply with the conditions of this Contract in a timely manner, the County has the right to suspend or terminate this Contract. The County will notify the Contractor in a timely manner of its discovery of any deficiency, and of the need to take corrective action. In the event corrective action is not taken within thirty (30) days, the Contract may be terminated. XXXVIII. SUSPENSION OR TERMINATION PROCEDURES In addition to the provisions contained in the Basic Terms and Conditions between the parties, the parties agree that: A. The Contractor, upon receipt of the notice of suspension or termination, unless otherwise directed by the County in writing, shall: 1. Assign to the County all of the rights, titles and interests of the Contractor under Page 10 of 14

11 the orders and contracts which have been terminated. The County reserves the right to settle or pay any, or all, claims arising out of the termination of the orders or contracts. 2. Settle all outstanding liabilities and all claims which arise out of such termination of orders and contracts with approval of the County, if required. B. Upon termination of this Contract, the County may require the Contractor to deliver to the County, or to another specified location, all materials, equipment or property specifically produced or acquired under this, or prior, Contracts. C. If the Contract is terminated either by the County or the Contractor, the Contractor remains obligated to submit reports required by the County. D. If the obligations of the Contractor under this Contract are transferred to another Contractor during, or at the close of, the Contract period, the Contractor remains obligated during the transfer period. E. The Contractor shall be entitled to receive reimbursement for expenses incurred in connection with any satisfactory work completed by the effective date of the suspension or termination of the Contract. F. The County may withhold from any amounts due the Contractor for completed work or services, the sum which the County determines to be necessary to protect the County against loss because of outstanding liens or claims of former lien holders. G. Payments made to the Contractor or recoveries made by the County under a contract terminated for cause shall be in accordance with the legal rights and liabilities of the parties. H. Notwithstanding any other provisions of this Contract, the Contractor shall not be relieved of liability to the County for costs, if any, assessed against the County, if such costs are incurred as a result of breach of this Contract by the Contractor. XXXIX. RELATIONSHIPS OF PARTIES In addition to the Relationships of Parties provisions contained in the Basic Terms and Conditions between the parties, the Contractor will not hold itself out as or claim to be an officer or employee of the County, nor will the Contractor make any claim of right, privilege or benefit which would accrue to an employee of the County under law. XL. INSURANCE Page 11 of 14

12 In addition to the provisions contained in the Basic Terms and Conditions between the parties, it is understood and agreed that: A. The County assumes no liability with respect to bodily injury, illness, accident, theft or any other damages or losses concerning persons or property, or involving the Contractor's equipment or vehicles. The Contractor is responsible for providing adequate insurance coverage to protect against legal liability arising out of activities under this Contract and designating that the County automatically be notified thirty (30) days before cancellation or reduction in coverage. B. The Contractor shall maintain at its sole cost and expense continuously during the term of this Agreement, occurrence Commercial General Liability insurance to cover liability arising from premises, operations, independent contractors, products-completed operations, stop gap liability, personal injury and advertising injury, and liability assumed under an insured contract. The minimum limit of coverage shall be $1,000,000 per occurrence. Commercial General Liability insurance shall be endorsed to include the County and its officers, elected officials, employees and agents as additional insureds. Such insurance shall be primary insurance and any insurance, self-insurance, or insurance pool coverage maintained by the County shall be excess of the insurance required hereunder and shall not contribute with it. C. The Contractor shall maintain or cause to be maintained, property insurance covering the full value of the property and improvements with no coinsurance provisions. Property insurance will be written on an all risk basis and include insurance against loss and/or damage to the related property and all equipment therein in an amount not less than the appreciated replacement value under a policy or policies covering such risks as are ordinarily insured against by like organizations engaged in like activities of comparable size and liability exposure. This will include theft coverage of not less than the acquisition value of equipment and materials inventory. D. In the event that services delivered pursuant to this Contract involve the use of vehicles owned or operated by the Contractor, automobile liability insurance shall be required. The minimum limit for automobile liability is $1,000, combined single limit for bodily injury and property damage for any auto. E. The Contractor shall maintain industrial insurance coverage as required by the Industrial Insurance laws of the State of Washington. XLI. BONDING Page 12 of 14

13 The Contractor shall ensure that every officer, director, or employee who is authorized to act on behalf of a nongovernmental Contractor for the purpose of receiving or depositing funds into program accounts or issuing financial documents, checks, or other instruments of payment for program costs, shall be bonded to provide protection against loss at all times during the term of this Contract, as follows: A. Fidelity bonding secured pursuant to this Contract must name the County as the beneficiary and the amount of coverage must be $100,000 or the highest planned advance or reimbursement for the Contract period, whichever is lowest. B. The Contractor shall provide, prior to execution of this Contract, copies of bonding instruments from the bond issuing agency. The copies shall show the bonding coverage, the term, and the amount of each bond. XLII. INDEMNIFICATION In addition to the provisions contained in the Basic Terms and Conditions between the parties, it is understood and agreed that the Contractor shall defend, indemnify, save, and hold harmless Snohomish County from and against any and all claims, costs, damages, expenses, or liability including reasonable attorneys' fees for any or all injuries to persons or tangible property, arising from the acts or omissions of the Contractor or any authorized subcontractor, or any employees or agents of either, in the performance of this Contract, howsoever caused, except that caused by negligence and/or willful misconduct solely of the County and its employees acting within the scope of their employment. XLIII. APPLICABLE LAWS AND REGULATIONS In performing under this Contract, the Contractor shall comply with all applicable laws, ordinances, codes, regulations, and policies of local, state and federal governments, including, but not limited to the Legislation, the Act, the CTED Contract and the County s Everyone At Home Now Ending Homelessness Program Policy Manual. XLIV. INTERPRETATION OF CONTRACT A. Order of Precedence. In the event of conflicting provisions in this Contract, unless otherwise provided herein, the conflict shall be resolved by giving precedence in the order listed as follows: Page 13 of 14

14 1. Applicable State Statutes and Codes, including RCW Washington Administrative Codes 3. CTED Contract Specific Terms and Conditions, and Contract Face Sheet 4. CTED Contract General Terms and Conditions 5. HGAP and/or HTF Guidelines, as revised 6. Technical Submissions for Finalists 7. Any other provision, term, or material incorporated herein by reference or otherwise incorporated. B. Conformance. If any provision of this Contract violates any statute or rule of law of the State of Washington, it is considered modified to conform to that statute or rule of law. C. Entire Agreement. This Contract, including referenced exhibits, represents all the terms and conditions agreed upon by the parties. No other understandings or representations, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or to bind any of the parties hereof. This Contract may not be modified or amended, except as otherwise provided herein. This Contract consists of: 1. The Contract Face Sheet; 2. This Specific Terms and Conditions/Homelessness Grant Assistance Program, ; 3. The Statement of Work, Exhibit B; 4. The Approved Budget, Exhibit C; and 5. All of the documents incorporated into the Contract by reference, including, but not limited to the Basic Terms and Conditions between the parties; Page 14 of 14