00 RFP 25-CED-041 Case Management Services - Approved .pdf

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Proposal #: 25-CED-041

Title: Case Management Services

RFP Issued: 4/28/2025

Pre-proposal Zoom Meeting: 5/08/2025 – 9:00 am MT Join Zoom Meeting: https://arvadacogov.zoom.us/j/83367163601?pwd=h4rKmGxc2qwQsDmd8l1se756SfRNdU.1

Meeting ID: 833 6716 3601 Passcode: 104998

Question Deadline: 05/13/2025 - 2:00 PM MDT Questions must be submitted through BidnetDirect.com Responses will be posted on BidNet via addendum

Proposals Due By: 05/20/2025 - 2:00 PM MDT

Electronic Submissions must be submitted online at BidNetDirect.com.

This is the only valid source for postings regarding this solicitation.

Late responses will not be considered for award.

Projected Start Date: By 7/1/2025

For additional administrative information not related to the project contact: Cheryl Dye at cdye@arvada.org Contact with the requesting department may result in vendor disqualification.

Documents included in this Request:

General Terms and Conditions page 2 Special Terms and Conditions page 4 ARPA Terms and Conditions Page 6 Exhibit A – H4HTGP24205 – THR Grant Program page 8 Insurance Requirements page 24 Administrative Information and Evaluation Criteria page 24 Statement of Work page 25 Required Vendor Submittal Form, Submittal Checklist page 27 Performance Measures Form page 29 https://arvadacogov.zoom.us/j/83367163601?pwd=h4rKmGxc2qwQsDmd8l1se756SfRNdU.1 cdye Cross-Out

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GENERAL TERMS AND CONDITIONS

1. NO MULTI-YEAR FISCAL OBLIGATION. Financial obligations of Arvada payable after the current fiscal year are contingent on funds for that purpose being appropriated, budgeted, and otherwise made available by the City Council for Arvada. Arvada’s obligations under the Agreement shall be from year to year only and shall not constitute a multiple-fiscal year direct or indirect debt or other financial obligation of Arvada within the meaning of Article X, Section 20 of the Colorado Constitution (TABOR).

2. TAXES. Arvada shall not be liable for the payment of any excise, sales, or use taxes. Arvada is exempt from federal excise taxes under I.R.C. Chapter 32 (26 U.S.C., Subtitle D, Ch. 32) and from State and local government sales and use taxes under §§39-26-704(1), et seq., C.R.S. (Colorado Sales Tax Exemption Identification Number 98-01789). Contractor shall not invoice Arvada for any state, federal or local taxes. Upon written notification by Arvada, Contractor shall reimburse Arvada in a timely manner for any taxes erroneously paid by Arvada.

3. NO INDEMNIFICATION BY ARVADA. Arvada is prohibited under Article XI, Section 1 of the Colorado Constitution from indemnifying anyone. Despite any provision in any contract document to the contrary, Arvada does not indemnify Contractor or anyone else under the Agreement.

4. INDEMNIFICATION OF ARVADA. Contractor shall indemnify, defend, and hold harmless Arvada, its employees, agents and assignees (the “Indemnified Parties”), against any and all costs, expenses, claims, damages, liabilities, court awards, and other amounts (including attorneys’ fees and related costs) arising from or related to any act or omission by Contractor, or its employees, agents, Subcontractors, or assignees in connection with the Agreement.

4.1. Confidential Information Indemnification. Disclosure or use of Arvada Confidential Information by Contractor may be cause for legal action by third parties against Contractor, Arvada, or their respective agents. Contractor shall indemnify, defend, and hold harmless the Indemnified Parties, against any and all claims, damages, liabilities, losses, costs, expenses (including attorneys’ fees and costs) incurred by Arvada in relation to any act or omission by Contractor, or its employees, agents, assigns, or subcontractors.

4.2. Intellectual Property Indemnification. Contractor shall indemnify, save, and hold harmless the Indemnified Parties, against any and all costs, expenses, claims, damages, liabilities, and other amounts (including attorneys’ fees and costs) incurred by the Indemnified Parties in relation to any claim that any Deliverable, Good or Service, software, or Work provided by Contractor under the Agreement (collectively, “IP Deliverables”), or the use thereof, infringes a patent, copyright, trademark, trade secret, or any other intellectual property right. Contractor’s obligations shall not extend to the combination of any IP Deliverables provided by Contractor with any other product, system, or method, unless the other product, system, or method is (a) provided by Contractor or Contractor’s subsidiaries or affiliates; (b) specified by Contractor to work with the IP Deliverables; (c) reasonably required in order to use the IP Deliverables in its intended manner and the infringement could not have been avoided by substituting another reasonably available product, system, or method capable of performing the same function; or (d) is reasonably expected to be used in combination with the IP Deliverables.

5. GOVERNMENTAL IMMUNITY. Liability for claims for injuries to persons or property arising from the negligence of Arvada, its departments, boards, commissions, committees, bureaus, offices, employees and officials shall be governed by the provisions of the Colorado Governmental Immunity Act, §§24-10-101, et seq., C.R.S. (CGIA). No term or condition of the Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions contained in the CGIA.

6. OPEN RECORD REQUESTS. Arvada is obligated to comply with the Colorado Open Records Act (C.R.S. §§24-72-200.1 et seq.)(CORA), which may require Arvada to disclose all or a portion of communications relating to the Agreement, any transaction under the Agreement, and other related matters. Contractor has been advised to familiarize itself with CORA. Any confidentiality provisions in any contract documents are subject to the provisions of CORA.

7. PROTECTION OF PERSONAL IDENTIFYING INFORMATION. In the event the Agreement includes or requires Arvada to disclose to Contractor any Personal Identifying Information as defined in C.R.S. § 24-73-101, Contractor shall comply with the applicable requirements of C.R.S. §§ 24-73-101, et seq., relating to third-party service providers.

8. NO THIRD PARTY BENEFICIARIES. The Agreement does not and is not intended to confer any rights or remedies upon any person or entity other than Arvada and Contractor. Enforcement of the Agreement and all related rights and obligations are reserved solely to Arvada and Contractor. Any services or benefits which third parties receive as a result of the Agreement are incidental and do not create any rights for such third parties.

9. ASSIGNMENT. Contractor’s rights and obligations under the Agreement are personal and may not be transferred or assigned without the prior, written consent of Arvada. Any attempt at assignment or transfer without such consent shall be void. Any assignment or transfer of Contractor’s rights and obligations approved by Arvada shall be subject to the provisions of the Agreement. Any provision of an assignment that enlarges any duty, responsibility, or obligation of Arvada, or that limits, curtails, or diminishes any right or privilege of Arvada, without Arvada’s express written consent, shall be void.

10. BINDING EFFECT. This Agreement shall inure to the benefit of, and be binding upon, the parties, their respective legal representatives, successors, heirs, and assigns.

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11. SURVIVAL. Any provision of the Agreement that imposes an obligation on a party after the Agreement’s termination or expiration shall survive the termination or expiration and shall be enforceable by the other party.

12. SUBCONTRACTS. Contractor shall not subcontract any of its responsibilities without Arvada's prior written approval, which will not be unreasonably withheld. Contractor shall submit to Arvada a copy of each such subcontract upon Arvada’s request. All subcontracts Contractor enters into in connection with the Agreement shall comply with all applicable federal, state, and local laws and regulations, shall provide that they are governed by the laws of the State of Colorado, and shall be subject to all provisions of the Agreement. Contractor agrees it is fully responsible for subcontractors performing services under the Agreement. Contractor shall be Arvada's sole point of contact regarding the services, including with respect to payment.

13. INDEPENDENT CONTRACTOR. Contractor shall perform its duties under the Agreement as an independent contractor and not as an employee. Neither Contractor nor any agent or employee of Contractor shall be deemed to be an agent or employee of Arvada. Contractor shall not have authorization, express or implied, to bind Arvada to any agreement, liability, or understanding, except as expressly set forth herein. Contractor and its employees and agents are not entitled to unemployment insurance or workers compensation benefits through Arvada and Arvada shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees. Contractor shall pay when due all applicable employment taxes and income taxes and local head taxes incurred pursuant to the Agreement. Contractor shall: (i) provide and keep in force workers’ compensation and unemployment compensation insurance in the amounts required by law; (ii) provide proof thereof when requested by Arvada; and (iii) be solely responsible for its acts and those of its employees and agents.

14. LICENSES, PERMITS, AND OTHER AUTHORIZATIONS. Contractor shall secure, prior to the effective date, and maintain at all times during the term of the Agreement, at its sole expense, all licenses, certifications, permits, and other authorizations required to perform its obligations under the Agreement, and shall ensure that all employees, agents and subcontractors secure and maintain at all times during the term of their employment, agency or subcontract, all license, certifications, permits and other authorizations required to perform their obligations in relation to the Agreement.

15. STANDARD AND MANNER OF PERFORMANCE. Contractor shall perform its obligations under the Agreement in accordance with the highest standards of care, skill, and diligence in Contractor’s industry, trade, or profession.

16. TIME OF THE ESSENCE. Contractor acknowledges and agrees that time is of the essence for this Agreement and that it is an essential term of this Agreement that Contractor maintain a rate of progress in the Services that will result in completion of the Services in accordance with this Agreement. To that end, Contractor agrees to proceed with all due diligence to complete the Services in a timely manner in accordance with this Agreement, and further agrees that failure to complete any of the Services during the Term of this Agreement, or as may be more specifically set forth in an attachment, exhibit, or modification, shall be deemed a breach.

17. WAIVER OF BREACH. A waiver by any party to the Agreement of a breach of any Agreement term shall not operate or be construed as a waiver of any subsequent breach by either party.

18. RIGHT TO TERMINATE. Arvada shall have the right to terminate, without cause, the Agreement. Any such termination shall not be considered a breach of the Agreement or any extension. In the event Arvada terminates for convenience, Arvada will pay Contractor for requested work performed up until the time of termination, not to exceed the total amount of the contract price agreed upon by Arvada and Contractor.

19. EXTERNAL TERMS AND CONDITIONS. Notwithstanding anything to the contrary, Arvada shall not be subject to any provision included in any terms, conditions, or agreements appearing on Contractor’s or a subcontractor’s website or any provision incorporated into any click-through or online agreements related to the Work unless that provision is specifically referenced in the Agreement.

20. PROHIBITED TERMS. Any term included in the Agreement that requires Arvada to indemnify or hold Contractor harmless;

requires Arvada to agree to binding arbitration; limits Contractor’s liability for damages resulting from death, bodily injury, or damage to tangible property; or that conflicts with this provision in any way shall be void ab initio. Any term included in the Agreement that limits Contractor’s liability that is not void under this section shall apply only in excess of any insurance to be maintained under the Agreement, and no insurance policy shall be interpreted as being subject to any limitations of liability of the Agreement.

21. COMPLIANCE WITH ALL LAWS. Contractor shall comply with all applicable federal, Colorado and Arvada laws, rules, regulations, policies and procedures in effect or hereafter established, including, without limitation, laws applicable to discrimination and unfair employment practices.

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22. BINDING ARBITRATION PROHIBITED. Arvada does not agree to binding arbitration by any extra-judicial body or person. Any provision to the contrary shall be null and void.

23. GOVERNING LAW AND VENUE. Colorado law, rules, and regulations shall be applied in the interpretation, execution, and enforcement of the Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules, and regulations shall be null and void. All suits or actions related to the Agreement shall be filed and proceedings held in the State of Colorado and exclusive venue shall be in Jefferson County.

24. OWNERSHIP OF WORK PRODUCT. The originals of all plans, reports, studies, data, or other materials or information relating to the Work that are produced by Contractor shall be delivered to and become the property of Arvada. Contractor may retain copies of any originals; however, no plans, reports, studies, data, or other materials or information relating to the Work shall be released to any person or entity without the prior written consent of Arvada. Nothing in this clause is intended to affect Contractor’s right to use generic know-how learned in the course of providing services under the Agreement for the future benefit of Arvada or others.

25. SOFTWARE PIRACY PROHIBITION. Arvada or other public funds payable under the Agreement shall not be used for the acquisition, operation, or maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions. Contractor hereby certifies and warrants that, during the term of the Agreement and any extensions, Contractor has and shall maintain in place appropriate systems and controls to prevent such improper use of public funds. If Arvada determines that Contractor is in violation of this provision, Arvada may exercise any remedy available at law or in equity or under the Agreement, including, without limitation, immediate termination of the Agreement and any remedy consistent with federal copyright laws or applicable licensing restrictions.

26. ACCESSIBILITY COMPLIANCE.

26.1 Arvada is obligated to comply with the Colorado Anti-Discrimination Act (C.R.S. §§24-34-300 et seq.)(“CADA”), which requires all digital and online platform and content providers to comply with the minimum Accessibility Standards for Individuals with a Disability, adopted by the Colorado Office of Information Technology (“OIT”) under C.R.S §24-85- 103(2.5). Contractor has been advised to familiarize itself with CADA.

26.2 To the extent the Work or any of Contractor’s services provided under the Agreement involves digital, technological components, including but not limited to software, websites, applications, digital documents (the “Material”), all Material shall comply with the OIT’s currently adopted minimum Accessibility Standards for Individuals with a Disability at all times.

26.3 Contractor shall indemnify, save, and hold harmless Arvada, its employees, agents and assignees (the “Indemnified Parties”) against any and all costs, expenses, claims, damages, liabilities, court awards and other amounts (including attorneys’ fees and related costs) incurred by any of the Indemnified Parties in relationship to Contractor’s failure to comply with Section (26.2) above.

26.4 Upon Arvada’s request, Contractor shall certify to Arvada that its service(s) and digital documents are compliant with Section (26.2) above. Arvada may require Contractor’s compliance to the OIT’s currently adopted minimum standards of accessibility to be determined by a third party selected by Arvada to attest to Contractor’s compliance.

SPECIAL TERMS AND CONDITIONS

1. PRICES FIXED AND FIRM FOR THE TERM OF THE CONTRACT

Prices proposed by the vendor shall remain fixed and firm during the term of the contract; however, the vendor may offer incentive discounts from the fixed price. This contract shall commence upon the date specified in the Contract or Purchase Order and shall remain in effect until such time as all items/services purchased in conjunction with this solicitation have been delivered and accepted by the City's authorized representative. It shall be understood and agreed that any warranty period which exceeds this term shall remain in full force for the duration of the warranty period.

2. NO OPTION TO RENEW

The prices or discounts quoted in this Solicitation shall prevail from the effective date to the Grant end date of 9/30/2026

3. CONTENTS OF OFFER

Vendors are required to submit offers with the following conditions:

a. Vendors shall make all investigations necessary to inform themselves of the facilities affected by the delivery of products and services required by the Solicitation.

b. Any official interpretation of the Solicitation may only be issued by an authorized agent of the City. The City shall not be responsible for other interpretations offered by employees not authorized.

c. The City shall issue Addenda if substantial changes are required which may impact the content and submission of Offers. A copy of such addenda will be publicly posted with the original RFP posting.

d. The apparent silence or omissions within this Solicitation regarding a detailed description of the materials or services shall be

R1-32025 5 interpreted to mean that only the best commercial practices are to prevail and that only materials and workmanship of first quality are to be provided.

4. CLARIFICATION AND MODIFICATIONS

The contract resulting from this solicitation will be subject to the Solicitation materials, City Ordinance, State and Federal Statutes.

When conflicts occur, the highest authority shall prevail. Vendors are required to indicate any variances to the terms, conditions, requirements and specifications of this Solicitation; no matter how slight. If variations are not stated in the vendor's Offer, it shall be agreed that the vendor's Offer fully complies with all conditions identified in this Solicitation.

5. ELIGIBILITY OF VENDORS: MUST BE ENGAGED IN SUPPLYING PRODUCTS OR SERVICES RENDERED

Offers will only be considered from firms which have been engaged in the business of manufacturing or distributing the goods and/or performing services described in this Solicitation. Vendors must be able to produce evidence that they have an established satisfactory record of performance for at least two (2) years and have sufficient finances and structure to ensure that they can satisfactorily execute the Contract requirements, as determined by authorities of the City. The City reserves the right, before awarding the contract, to require a vendor to submit evidence of its qualifications including, but not limited to, financial, technical and other qualifications, as well as past performance with the City, for consideration in making the award in the best interest of the City.

6. CONFIDENTIAL DOCUMENTS

Vendors may designate specific pages or sections within their submission as trade secret or confidential commercial information or as otherwise protected by law (“Confidential Information”). Documents and data that are considered Confidential Information shall be clearly marked as such and separated from the rest of the solicitation submission documents. Comingling is not acceptable. The City does not favor blanket assertions of Confidential Information. Please note that blanket assertions that merely classify and/or broadly claim information is confidential are insufficient as a matter of law. See, International Brotherhood of Electrical Workers Local 68 v.

Denver Metropolitan Major League Baseball Stadium District, 880 P.2d 160 (Colo.App. 1994). Any information that will be included in any resulting contract cannot be considered Confidential. Under no circumstances may submission pricing information be considered Confidential. In the event a formal contract is entered into with the City and a portion of the Proposal/Response carries a designation indicating the Vendor believes it is Confidential Information, then the City agrees that it will use its best efforts to forward any request for the disclosure of the Confidential Information to the Vendor. By its submission of the Proposal/Response, Vendor agrees to promptly respond to the request for disclosure with any objections and reasons therefor in accordance with the Colorado Open Records Act C.R.S. §§24-72-101 et seq. and any other applicable law. Further, Vendor agrees to assume the obligation to defend, hold harmless, and indemnify the City in any legal proceeding that arises from non-disclosure of documents or data pursuant to the Vendor’s objection.

7. MODIFICATIONS TO EXISTING CONTRACT

Terms and conditions may be added, modified, and deleted upon mutual agreement between authorized agents of the City and the vendor provided that such terms and conditions remain within the scope and original intent of the Solicitation. Said terms and conditions may include, but are not limited to, additions or deletions of service levels and/or commodities, and increases or decreases in the time limits for an existing contract. Any and all modifications must be signed by authorized agents of the City and the vendor prior to the enactment of such modifications.

End of this Section

AMERICAN RESCUE PLAN ACT – TERMS AND CONDITIONS

The work sought in this solicitation will be funded in whole or in part by Coronavirus State and Local Fiscal Recovery Funds (“SLFRF”), federal award number SLFRF0126 awarded to the State of Colorado by the U.S. Department of Treasury. The State of Colorado is utilizing federal award number SLFRF0126 to fund the Transformational Homelessness Response (THR) Grant.

The THR Grant aims to quickly connect people experiencing homelessness with services, treatment, and temporary and permanent housing to put them on a path to economic self-sufficiency. Costs eligible for payment with THR Grant funds include street outreach, emergency sheltering, and bridge housing.

For any work or projects which are paid or reimbursed by the City using Local Fiscal Recovery Funds (“SLFRF”) granted to the State of Colorado, and distributed to the City in accordance with C.R.S. §43-4-208, the following terms and conditions apply to Contractors:

1. DOCUMENTATION OF COSTS AND OTHER FINANCIAL REPORTING. All costs must be supported by properly executed payrolls, time records, invoices, vouchers, or other official documentation, as evidence of the nature and propriety of the charges. All accounting documents pertaining in whole or in part to this Agreement must be clearly identified and readily accessible, and upon reasonable notice, Arvada and any department of the United States government have the right to audit the records of the Contractor as they relate to the work. The Contractor must also:

1.1 Maintain an effective system of internal fiscal control and accountability for all funds and property acquired or improved in accordance with the Agreement, and make sure the same are used solely for authorized purposes.

1.2 Contractor verifies and affirms that it has not been suspended or debarred from participating in or receiving federal government contracts, subcontracts, loans, grants or other assistance programs. Contractor is registered with the System for Award Management (“SAM”).

2. COMPLIANCE WITH LAWS. Contractor agrees to comply with all applicable Federal, State and local laws and ordinances, and the rules and regulations promulgated by the United States Department of the Treasury, including but not limited to guidelines established by the Final Rule 31 CFR Part 35, the American Rescue Plan Act, sec. 9901, Public Law 117–2, codified at 42 U.S.C. 802 et seq. If any laws, rules, or regulations surrounding the use or expenditure of SLFRF are subsequently changed, amended, or modified in any manner, Contractor agrees to be bound by such laws, rules, or regulations.

3. UNIFORM ADMINISTRATIVE REQUIREMENTS. Contractor shall comply with all applicable provisions of 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

4. SEPARATION OF CHURCH AND STATE. Contractor agrees that: It will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion.

4.1 It will not discriminate against any person applying for such public services based on religion and will not limit such services or give preference to persons on the basis of religion; and

4.2 It will provide no mandatory religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing, and exert no other religious influence in the provision of such services.

5. FEDERAL STANDARDS FOR EMPLOYMENT PRACTICES. Contractor shall comply with Executive Order 11246 as amended by Executive Order 12086 and the regulations issued pursuant thereto (41 CFR Chapter 60) and will not discriminate against any employee or applicant for employment because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital status, or status with regard to public assistance. The Contractor will take affirmative action to ensure that all employment practices are free from such discrimination. Such employment practices include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay or other forms of compensation and selection for training, including apprenticeship.

5.1 Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that it is an Equal Opportunity or Affirmative Action Employer.

5.2 Where employees are engaged in activities not covered under the Occupational Safety and Health Act (OSHA) of 1970, they shall not be required or permitted to work, be trained or receive services in buildings or surroundings or under working conditions which are unsanitary, hazardous or dangerous to the participants’ health or safety.

6. DISCRIMINATION PROHIBITED. Contractor agrees to comply with Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478 and 12086. The Contractor shall not, on the grounds of race, color, national origin, religion, creed, disability, age, sex, actual or perceived sexual orientation, gender identity, marital status, familial status, or because a family includes children:

6.1 The Contractor shall abide by all applicable provisions of Section 504 of the HEW Rehabilitation Act of 1973 as amended (implemented in 24 CFR part 8) prohibiting discrimination against handicapped individuals, and the Age Discrimination Act of 1975 (implemented in 24 CFR part 146) prohibiting discrimination on the basis of age, either through purpose or intent.

6.2 If assignment and/or subcontracting has been authorized in writing, said assignment or subcontract shall include appropriate safeguards against discrimination in client services binding upon each contractor or subcontractor. The Contractor shall take such action as may be required to ensure full compliance with the provisions of this section, including sanctions for noncompliance.

7. AMERICANS WITH DISABILITIES ACT. The Contractor shall meet the requirements, where applicable, of the

Americans with Disabilities Act, as set forth in 42 U.S.C. ch. 126 § 12101 et seq.

8. CLEAN AIR AND WATER POLLUTION CONTROL ACTS. If the funding provided under this Agreement exceeds $150,000, Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7571q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387).

Violations must be reported to the Regional Office of the Environmental Protection Agency.

9. ANTI-LOBBYING. The Contractor certifies that:

9.1 No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement;

9.2 If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.

10. DOMESTIC PREFERENCES FOR PROCUREMENTS. Contractor should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award.

11. PROCUREMENT OF RECOVERED MATERIALS. If the Contractor is a state agency or agency of a political subdivision of a state, Contractor and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

12. LICENSING AND PROGRAM STANDARDS. In the event of an investigation pertaining to, or a suspension of any license or permit related to the services for which Arvada is providing funding under this Agreement, Arvada may terminate this Agreement and withhold all further funds, and may require the Contractor to remit to Arvada all (or a portion of) the funds theretofore received under this Agreement. Arvada may also declare the Contractor ineligible for any further participation in Arvada’s Federal Grant Programs.

END OF THIS SECTION

Exhibit A

CMS #186504

H4HRGP24205

EXHIBIT A

STATEMENT OF WORK

TRANSFORMATIONAL HOMELESSNESS RESPONSE

1. GENERAL REQUIREMENTS

1.1. Program Description. The Transformational Homelessness Response (THR) grant program (the “Program”) aims to quickly connect people experiencing homelessness with services, treatment, and temporary and permanent housing to put them on a path to economic self-sufficiency. The Program provides funding for program models and activities including outreach support, emergency shelters, transitional housing, recovery care and related residential programs, training and employment service programs, and permanent housing with wraparound supportive services. The Program also provides funding for systems improvement activities including data collection, management, analysis, system integration, coordination, and resource utilization acceleration. The goal of the Program is to fundamentally shift the landscape of homelessness in communities across Colorado by transforming systems, programs, and outcomes. Grant awards must go beyond maintaining current operations for projects that currently exist while being responsive to the one-time nature of the funding provided. Grant funds may only be used for Eligible Activities as defined in §5.2.3 (Descriptions of Uses) and listed in §5.2.2 (Project Budget) of this Exhibit A. Grantee is responsible for completion of the Project and submission of all required reporting and other documentation in the manner and timeframes set forth herein.

1.2. Preference. The individuals prioritized by the grant opportunity are those that but for this project will most likely not resolve their homelessness on their own. In particular, this includes individuals with long lengths of homelessness with complex needs and who are not currently connected to other homeless shelters or programs.

1.3. Service Area. Grantee’s performance of services shall occur in: City of Arvada, State of Colorado. Grantee may also serve individuals referred to them including through their regional Coordinated Entry Systems, even if that individual or household currently lives outside this service area.

1.4. Grantee’s Obligations.

1.4.1. Grantee shall implement the Project, administer this Agreement, and provide required documentation to the State as specified herein.

1.4.2. Grantee shall enter into written agreement(s), the content of which meet DOH’s requirements, with the following individuals or entities prior to disbursing any funds:

1.4.2.1. Any Subcontractor engaged by Grantee to aid in performance of the Work.

1.4.3. Assignment. Grantee’s rights and obligations under this Exhibit A are personal and may not be transferred or assigned without the prior, written consent of DOH. Any attempt at assignment or transfer without such consent shall be void.

CMS #186504

Any assignment or transfer of Grantee’s rights and obligations approved by the State shall be subject to the provisions of this Agreement.

1.4.4. Time of Performance. Grantee shall commence performance of its obligations on the Performance Beginning Date and complete its obligations on or before the Initial Agreement Expiration Date, both of which are listed on the Cover Page of the Grant Agreement. Time of Performance may be extended in accordance with §2C of the main body of this Agreement. To initiate the extension process, Grantee shall submit a written request to DOH Key Personnel at least 60 days prior to the Initial Agreement Expiration Date, and shall include a full justification for the extension request.

1.4.5. Services Standards. For grantees awarded funds to provide services, grantee shall provide services in a manner consistent with the following standards:

1.4.5.1. Grantee shall have a staff-to-participant ratio of no less than one case manager to every 15 households for any component of the project that includes housing, such as transitional or supportive housing, as well as no fewer than one case manager to every 30 households in shelter or community-based programming, with preference for a 1:15 case management to participant ratio for all program components.

1.4.5.2. Staff should have relevant professional accreditations, education, and experience to implement both holistic and housing-focused services. Staff should be community-based and multi-disciplinary when possible.

1.4.5.3. Services should be implemented using best practice models, including Housing First, Harm Reduction, Motivational Interviewing, and Trauma-Informed Care (see Definitions). Other services and treatment models may be coordinated with or incorporated into the services programming based on the individuals served. The delivery of all services should be guided by the principles of cultural competence, recovery, and resiliency, with an emphasis on building individuals’ strengths and resources in the community, with family, and with peer/social networks.

1.4.5.4. Services and delivery of the supports should be adjusted appropriately based on the intended population(s) the project will serve.

1.4.6. Habitability Standards. Temporary housing units or shelter facilities must meet HUD's habitability standards defined in 24 CFR part 576.403(c).

Documentation of meeting minimum standards must be maintained in households' files. Grantees may use ESG Habitability Standards Checklist found at: https://www.hudexchange.info/resource/3766/esg-minimum-habitability-standards-for-emergency-shelters-and-permanent-housing/ or an equivalent checklist.

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1.4.7. Housing Quality Standards (HQS) are required both at initial occupancy and during the duration of housing assistance for Supportive Housing, Rapid Re- Housing, or Prevention programs.

1.4.8. Collaboration. Grantees shall work collaboratively with community-based partners and referral sources as necessary to ensure that all Households served acquire and maintain housing as efficiently as possible. For example, the grantee may attend and participate in case conferencing meetings to identify eligible Households for the Project and assist in process improvements as necessary, or the grantee may work in conjunction with the project voucher administrator and property management as necessary to ensure the intentions and outcomes of this Agreement.

1.4.9. Homeless Management Information System: Grantee shall utilize the local Continuum of Care (CoC) Homeless Management Information System (HMIS) for intake, program enrollment, move-in (if applicable), service provision (if applicable), annual assessments, and exit data collection. If Grantee does not have access to CoC HMIS, Grantee shall seek approval from DOH to partner with an agency that has access. Grantee agrees to fully comply with all HMIS rules and regulations including, without limitation, the following:

1.4.9.1. Grantee shall perform data entry within five (5) days of intake, program enrollment, move-in (if applicable), service provision (if applicable), and discontinuance of participation by a Household.

1.4.9.2. Grantee shall run regular data quality checks to ensure data is accurate.

1.4.9.3. Grantee shall sign all required CoC HMIS agreements and adhere to all CoC HMIS policies and procedures. (These agreements are available from the CoC HMIS administrator for each CoC.)

1.4.9.4. Grantee shall submit and update data in the HMIS Database as requested/necessary to complete performance reports (per §7.3 of this Exhibit A), as well as any other reports required by the CoC.

1.4.9.5. Grantee shall provide other information as requested by DOH for reporting and program evaluation purposes including, without limitation, the number of Households, the status of each Household, the location of units, the progress of the Households, and any other information deemed relevant by DOH.

1.4.9.6. Grantee shall ensure there is a current HMIS Client Consent Form on file for each Household.

2. DEFINITIONS: The following terms pertain to the Statement of Work, and shall be construed and interpreted as follows:

2.1. Area Median Income. The Department of Housing and Urban Development (HUD) sets income limits that determine eligibility for assisted housing programs including the Public Housing, Section 8 project-based, Section 8 Housing Choice Voucher, Section 202 housing for the elderly, and Section 811 housing for persons with disabilities programs. HUD develops income limits based on Median Family Income estimates and

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Fair Market Rent area definitions for each metropolitan area, parts of some metropolitan areas, and each non-metropolitan county. DOH sets voucher payment standards annually using HUD income limits.

2.2. Behavioral Health. “Behavioral Health” is the scientific study of the emotions, behaviors and biology relating to a person’s mental well-being, their ability to function in everyday life and their concept of self. Behavioral health conditions include: substance use disorders; alcohol and drug addiction; and serious psychological distress, including suicide ideation and mental disorders.

2.3. Beneficiaries. “Beneficiaries” shall mean the persons and/or households who are the end users that benefit from the Project.

2.4. Comparable Database. “Comparable Database” is a database that meets all Homeless Management Information System (HMIS) Data Standards and does so in a method that protects the safety and privacy of the survivor. Comparable databases are used by “Victim Service Providers” (i.e., non-profit organizations whose primary mission is to provide services to survivors of domestic violence, dating violence, sexual assault, or stalking).

2.5. Continuums of Care. “Continuums of Care” are regional planning bodies which organize and deliver housing and services within their communities. There are four CoCs in Colorado: the Metro Denver Homeless Initiative (Denver, Boulder, Arapahoe, Douglas, Jefferson, and Adams counties), Pikes Peak CoC (El Paso County), Northern Colorado CoC (Larimer and Weld counties), and the Balance of State CoC (the 54 remaining counties grouped into 10 regional coalitions).

2.6. Coordinated Entry. “Coordinated Entry” is a system operated by each CoC in which the goal is to create and maintain a by-name list of every assessed individual or family experiencing homelessness in that CoC’s region so that they can be prioritized and matched with the most appropriate and available housing resource.

2.7. DOH. “DOH” means the Colorado Department of Local Affairs, Division of Housing.

2.8. Harm Reduction. “Harm Reduction” means a set of practical approaches aimed to reduce the harm associated with substance use rather than on the prevention of substance use itself. Harm reduction approaches recognize that individuals can be at different stages of recovery and that effective interventions should be individually tailored to each individual’s stage. Such strategies have been effective in reducing morbidity and mortality for such individuals by incorporating strategies from safer use, to managed use, to abstinence. Individuals are allowed to make choices about use and treatment, and regardless of the choices, are not treated adversely, housing status is not threatened, and help continues to be available.

2.9. Homeless or Experiencing Homelessness. “Homeless” or “Experiencing Homelessness” refers to a household that is living unsheltered, in a place not meant for human habitation or in a homeless shelter, or is at risk of losing their housing within 14 days. Homelessness is defined as living in a place not meant for human habitation, in emergency shelter, in temporary housing (e.g. - safe haven, transitional housing, bridge housing, or rapid rehousing), or exiting an institution where the person temporarily resided.

2.10. Homeless Management Information System (HMIS). “Homeless Management Information System” is a local information technology system used to collect client-level data and data on the provision of housing and services to homeless individuals and families and persons at risk of homelessness. Each Continuum of Care is responsible for

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selecting an HMIS software solution that complies with HUD's data collection, management, and reporting standards.

2.11. Housing First. “Housing First” is a proven approach that prioritizes non-time limited housing to people experiencing homelessness, thus ending their homelessness. Housing First recognizes that housing is a platform from which individuals can pursue personal goals and improve quality of life. This approach is guided by the belief that people need basic necessities, such as food and housing, before attending to other goals, such as employment, budgeting, or substance use treatment. Unlike “Housing Ready” or “Housing Next” or “Treatment First” models, Housing First positions housing as an immediate priority for people experiencing homelessness. Numerous models complement Housing First, such as Harm Reduction, low barrier programming, trauma-informed approaches, and individual choice.

2.12. HUD. “HUD” is the United States Department of Housing and Urban Development.

2.13. Inclusion, diversity, equity, and accessibility (IDEA). “Inclusion, diversity, equity, and accessibility (IDEA)” are terms used to define efforts to outreach to and include diverse communities, organizations, and individuals who identify with diverse backgrounds, including but not limited to ethnicity, race, language, national origin, sexual orientation, gender identity and expression, and ability.

2.14. Indirect Costs. “Indirect Costs” means those costs that have been incurred for shared or joint objectives and cannot be readily identified with any particular activity. After direct costs have been determined and assigned directly to the grant award, or other work as appropriate, indirect costs are those that remain to be allocated. Examples include: office rent, utility, insurance, maintenance, and other expenditures related to shared space;

administrative and executive team functions that support multiple program areas; and purchases, transportation, and staff expenses that benefit multiple program areas. Further guidance on indirect costs is provided in 2 CFR Part 200, Subpart E.

2.15. Motivational Interviewing. “Motivational Interviewing (MI)” is a collaborative, person-centered form of guiding to elicit and strengthen motivation for change by exploring and resolving ambivalence. MI is considered to be an evidence-based practice that has proven to be successful.

2.16. Other Funds. “Other Funds” means funding provided or to be provided by other federal, state, local, or private sources for the Project. Other Funds are good faith estimates and do not include Grant Funds.

2.17. Project Close-Out Date. “Project Close-Out Date” shall mean the date DOLA determines the Project is complete as identified in writing to the Grantee.

2.18. Recovery Care. “Recovery Care” are services provided for individuals with Substance Use Disorders (SUDs). These services focus on improving health outcomes and self-sufficiency that allow individuals to reach their full potential.

2.19. Recovery Care Residential Programs “Recovery Care Residential Programs” provide residential services and/or treatment for individuals experiencing homelessness so that they can receive recovery care services, as defined above.

2.20. Rental Assistance. “Rental Assistance” means Housing Assistance Payments (HAP) paid on behalf of households by a Public Housing Authority (PHA) directly to property owners/landlords. Rental Assistance is non-time limited and units must meet HQS standards before rental assistance payments can be made. Rental Assistance must follow the PHA’s Voucher Administrative Plan policies, procedures and regulations.

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2.21. Substantial Completion. “Substantial Completion” means that Grantee has achieved the milestones and targets identified in §3 (Deliverables) of this Exhibit A through the delivery of approved services as identified in §5.2.3 (Descriptions of Uses) of this Exhibit A to Households identified in §1.2 of this Exhibit A.

2.22. Supportive Housing. “Supportive Housing,” also known as Permanent Supportive Housing (PSH), means decent, safe, affordable, community-based housing that provides tenants with the rights of tenancy, Tenancy Support Services, and links to other intensive supportive services using best practices, particularly the Housing First model, as well as Harm Reduction and Trauma-informed approaches. Supportive Housing is designed to allow tenants to live as independently as possible.

2.23. Trauma-Informed Care. “Trauma-Informed Care” is an approach to the delivery of behavioral health services that includes an understanding of trauma and an awareness of the impact it can have across settings, services, and populations. It involves viewing trauma through a cultural lens and recognizes that context plays a significant role in how individuals perceive and process traumatic events. A trauma-informed approach realizes the widespread impact of trauma; understands potential paths for healing; integrates knowledge of trauma into policies and practices; and seeks to actively prevent re-traumatization.

3. DELIVERABLES

3.1. Outcome. Full implementation of the Project and achievement of all Performance

Measures.

3.2. Performance Milestones. Grantee shall achieve each of the following Milestones by the Date shown.

Milestone Date

Provide certificate of insurance, and all other compliance documentation requested by DOH within one month of receiving an executed agreement

02/01/2024

Provide certification of matching funds commitments and sources to

DOH

On-going

Provide DOH access to Grantee’s HMIS web portal to review real time client data

On-going

Submit request for reimbursements to DOH at least quarterly On-going

Track and record grant outcomes through DOH approved…