SFY27 Winter Scope of Services - FINAL Legal Approved.pdf

Attachment A

Scope of Services

Executive Office of Housing and Livable Communities

Individual Homelessness System Scope of Services

Attachment A, Scope of Services and Additional Terms and Conditions

I. Contract

The Contractor is responsible for accessing and reviewing the contents of the documents referenced below, as compliance with each is a binding component of this Contract:

1. This Attachment A, System Scope of Services and Additional Terms and Conditions (“Scope of Services”) is attached to and made a part of the Commonwealth of Massachusetts Standard Contract Form. The

Commonwealth Terms and Conditions and the Individual Homelessness System Program

Appendix/Appendices (“Program Appendix”), as approved by the Department, is/are incorporated herein and attached hereto as Exhibits.

2. The Contractor’s budget for this Contract, as approved by EOHLC, is attached hereto and made a part hereof as Attachment B (“Approved Budget”).

3. This Scope of Services, all attached Exhibits and other Attachments, and all documents incorporated by reference herein, are referred to, collectively, as the Contract.

4. This Contract represents the entire agreement between the Contractor and EOHLC, and any prior or contemporaneous representations, promises, or statements by the parties, that are not incorporated herein, shall not serve to vary or contradict the terms set forth in this Contract.

5. If any term or condition of this Contract is declared by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining terms and conditions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if this Contract did not contain the particular provision held to be invalid.

6. Definitions. Capitalized terms used in this Scope of Services and attached Program Appendix have the meanings set forth in section titled “Section VII. Definitions” below.

II. Scope of Services and Compliance with Laws

1. Scope of Services. The Contractor shall receive funds under this Contract to provide services in accordance with the terms of this Scope of Services and attached Program Appendix, the terms of this

Contract, and any subsequent Contract amendments.

2. Compliance with Laws. The Contractor shall carry out its activities in conformance with all applicable federal and state laws and requirements, including without limitation, statutes, rules, regulations, administrative and executive requirements, ordinances, and codes, as they may be issued and amended.

The Contractor may subcontract with any other entity for the purpose of providing these services, as approved by EOHLC in writing, and as provided in this Contract and in Provision 9 of the Commonwealth

Terms and Conditions.

3. Compliance with requirements for other sources of funding. The Contractors shall notify EOHLC if the

Contractor determines that it may not be able to meet the requirements this Scope of Services due to requirements for other sources of public funding for the Contractor’s services. The Contractor shall meet with EOHLC to determine actions necessary to modify the Contractor’s implementation of its services and to carry out the agreed-upon modifications in a timely matter.

III. Service Elements and Service Delivery

1. Services. The Contractor shall provide all services funded under this Contract consistent with the general requirements identified in this Scope of Services and the program-specific requirements identified in the attached Program Appendix. Clients shall not be charged any fees or rent that are not approved by EOHLC or otherwise permitted under this Contract for any services provided under this Contract.

2. Capacity Changes. The Contractor shall immediately notify EOHLC of any anticipated changes in the capacity, as specified in the Commonwealth of Massachusetts Standard Contract Form, of each program funded under this Contract. If the capacity is reduced due to circumstances beyond the Contractor’s control, the Contractor shall notify EOHLC no later than one (1) business day after such reduction occurs.

3. Access to Public Transportation. For any Facility or unit operated by the Contractor that is in an area where public transportation is not easily accessible, the Contractor must provide its Clients with access to public transportation unless otherwise approved by EOHLC.

4. Stabilization Services. The Contractor shall provide or refer its Clients to the program-specific stabilization services identified in each Program Appendix. Such services must be coordinated with and consented by the Client. A Client’s participation in stabilization services shall not be required for admission or continued participation in any programs funded under this Contract unless approved by

EOHLC or otherwise permitted under this Contract.

5. Cash and Gift Cards. The contractor shall not provide cash, checks, or gift cards directly to program participants. Client assistance may be provided, if appropriately included in the contract budget, by purchasing the good or service needed on behalf of the client.

IV. Client Profile

1. Eligible Clients.

a. Homeless Households who have not violated the Contractor’s program rules and the rights of the other Clients shall be eligible to be served by the programs funded in this Contract [other than

Diversion / Triage, Rapid Rehousing (RRH) and Permanent Supportive Housing (PSH) Programs].

b. For RRH and PSH Programs only - Clients must be Literally Homeless Households at intake and, following initial occupancy, must remain in compliance with the conditions of their RRH or PSH

Program lease or occupancy agreement. For Triage / Diversion Programs only – Homeless

Households and other households without children that, but for the program’s assistance, will enter shelter.

2. Restrictions on Eligibility. Unless EOHLC has otherwise permitted in writing for the purpose of serving particular vulnerable populations, the Contractor shall not impose any of the following restrictions on

Client eligibility:

a. Community of origin or lack of ties to the community in which the Contractor’s Facility is located;

b. Any basis prohibited by federal or state law, including but not limited to, race, ethnicity, religion or creed, ancestry, gender (except for gender specific facilities with shared bathrooms), gender identity or expression, sexual orientation, age (except persons under 18 years of age), physical or mental disability, veteran status, and citizenship;

c. Use of an assistance animal (see https://www.mass.gov/service-details/about-service-and-assistance- animals). See Section V.15 below;

d. History of substance use disorder, mental health disorder, or length of time the Client has been sober or drug-free;

e. Use of legal or prescribed medication, including but not limited to, opiates, oxygen, and benzodiazepines;

https://www.mass.gov/service-details/about-service-and-assistance-animals https://www.mass.gov/service-details/about-service-and-assistance-animals

f. Being under the influence of drugs or alcohol as long as the Client is not medically at risk/danger.

Those Clients whose intoxication is so severe as to place them in medical danger should instead be referred to emergency medical services. EOHLC, in its sole discretion, may grant an exception if it finds that the community served by the Contractor’s facility has sufficient access to facilities for persons under the drugs or alcohol. In considering the Contractor’s request, EOHLC may perform an analysis of need and consult with municipal and community partners, including other providers who operate facilities similar to the Contractor’s. Requests for exceptions must be made in writing to the EOHLC.

g. Results of any drug or alcohol test. Testing for drug or alcohol use is strongly discouraged since the results will have no bearing on whether a person is admitted or allowed to remain, aside from

Projects excepted in Section IV.2.f above;

h. Criminal history (except as provided by state law);

i. Being a victim or having a history of being a victim of domestic violence, dating violence, sexual assault, or stalking;

j. Behavioral issues occurring away from the Contractor’s Facility (except those issues that directly impact the safety of other Clients or the Contractor’s staff);

k. For the Emergency Individual Shelter, Day Shelter, PSH, and Street Outreach Programs, number of nights the Client has already been served by the Contractor;

l. For the Food Program only, the number of meals already served by the Contractor;

m. Refusal of services or noncompliance with a service plan, if applicable;

n. Affiliation with any persons described in this list.

Restrictions on eligibility related to criminal history by the owner of the property in which the project is operating shall not be considered noncompliance with the scope. Project operating in current compliance with this clause shall not be granted exceptions to move to a site that would then restrict otherwise eligible persons.

V. General Program Specifications

1. Intake and Admission.

a. The Contractor shall admit all eligible Homeless Households and Literally Homeless Households, as applicable, whom the Contractor has the capacity to serve, into the programs funded under this

Contract.

b. The Contractor must establish and maintain written guidelines for determining eligibility for the programs funded under this Contract. Such eligibility guidelines, and changes thereto, shall be consistent with the terms of this Contract and must include information on non-discrimination, harassment, and reasonable accommodations for persons with disabilities, and must be approved by EOHLC in advance. The guidelines should also address the development of protocols and timeframes for processing and implementing reasonable accommodation requests, the provision of reasonable accommodation-related information and notifications to Clients, training requirements for the Contractor staff, and tracking of pending and approved reasonable accommodation requests for Clients. The Contractor must ensure that all information obtained by

Contractor staff as part of the reasonable accommodation request process be kept confidential in accordance with applicable law, including but not limited to G.L. c. 66A, 201 C.M.R. s. 18, and

801 C.M.R. s. 3, and EOHLC protocols and guidance.

2. Client Rules and Regulations.

a. At the time of intake, the Contractor shall inform each Client of the applicable program’s participation/occupancy rules, which must state the conditions under which a Client may be refused services or terminated from the Contractor’s program. The rules must, at a minimum, address substance abuse (including alcohol), Client abuse, sexual harassment, illegal activities, possession of weapons, searching of personal belongings or sleeping areas, and access to the

Facility by the police department. In addition, the Contractor must establish a policy on Clients’ rights and responsibilities. A copy of such rights and responsibilities shall be given to each Client and posted in a conspicuous location if the project is in a congregate Facility. All policies rules, and regulations, and changes thereto, must be approved by EOHLC in advance.

b. The grievance procedure shall also be posted in full view of Clients in program facilities, which shall include but not be limited to, the right to timely decisions on terminations, the right to appeal decisions made by the Contractor’s staff and its procedures, the right to contact the Clients Rights

Officer and the EOHLC Contract manager (including their phone number). In addition, at the time of intake, the Contractor shall inform all Clients of its program’s grievance procedure. All grievance procedures, and changes thereto, must be approved by EOHLC in advance.

If the complaint requires the filing of an Incident Report, the Clients Rights Officer is responsible for collaborating with the Contractor’s Contract Manager and other relevant staff to ensure the report is submitted to EOHLC using the incident reporting form within 24 hours. In situations where a complaint is substantiated regarding actions or inactions by the Contractor, the Contractor must make reasonable efforts to address all valid requests within 2 business days. The Client Rights Officer must update their internal complaint log with investigation outcomes and report those complaint investigations to their designated Contract Manager, with all details inclusive of what steps were taken to investigate the complaint and what follow up actions are resulting from the outcome of the investigation. Guidance, written in plain language for Clients to easily read and understand, on how to submit a complaint to the Client Rights Officer must be posted in all common areas of shelter and provided to each family upon intake to the shelter site.

3. Staff Rules and Regulations. A written set of rules and regulations governing the behavior of staff must be given to each of the Contractor’s employees. These rules and regulations must, at minimum, address substance abuse (including alcohol), Client abuse, harassment, illegal activities, possession of weapons, and access to the Facility by the police department. The staff rules and regulations, and any changes thereto, must be approved by EOHLC in advance.

4. Serious Incidents. The Contractor shall maintain a log of serious incidents/problems (including the event’s date and time), which must include but not be limited to, incidents involving calls for police, fire, or ambulatory services; accidents; injuries; or, deaths which occur in the facilities and units operated by the

Contractor. In addition to being entered into the log, each of the following serious incidents must be reported to EOHLC within two (2) business days of the incident: this could include, but is not limited to fire, bodily harm or threat of bodily harm to a client or staff member and accidents which require hospitalization, death, and criminal activity that threatens the health, safety, and/or security of Clients

(including themselves) or Staff. Incidents resulting in an interruption in services must be reported as quickly as possible but not more than 12 hours from the incident. Reports may be filed by completing the online Incident Reporting Form.

5. Health and Safety. In consultation with EOHLC and local boards of health, the Contractor shall follow all guidance of the Center for Disease Control and the Massachusetts Department of Public Health with regard to minimizing the transmission of disease.

6. Subcontracting. In addition to the provisions of Section 9 of the Commonwealth Terms and Conditions, the following provisions shall apply to all EOHLC-approved subcontracts and service agreements:

a. All subcontractors and service agreements are subject to EOHLC’s approval, which may include, https://forms.mass.gov/eohlc/form/1/ but is not limited to, reviewing any subcontract or service agreement documents, conflict of interest disclosures, the contracts or agreements, or general processes on selection of the contractor or service provider, meeting with the perspective subcontractor or service provider, or requiring resumes or verification of background checks of key personnel, as required in Section V, 7.h below.

b. All such subcontracts and service agreements, as necessary and applicable, must contain all relevant provisions of this Contract and Commonwealth Terms and Conditions appropriate to the subcontracted service or activity. All terms of such subcontracts must be consistent with the terms and conditions of this Contract.

c. Without limiting the generality of the foregoing, the Contractor must ensure that it complies with all applicable privacy and security provisions with respect to any subcontractor that uses, maintains, discloses, receives, creates, or otherwise obtains personal information. The Contractor must obligate in writing all such subcontractors and service agreements, as necessary and applicable, to comply with all data privacy and data security commitments undertaken under this

Contract, including any obligations that the Contractor undertakes under any confidentiality agreements pertaining to personal data protected by any state or federal law.

d. The Contractor is fully responsible for any subcontractor’s or service provider’s performance and for meeting all terms and requirements of this Contract. The Contractor will not be relieved of any legal obligation under this Contract, regardless of whether the Contractor subcontracts for performance of any Contract responsibility.

e. The Contractor shall ensure that all subcontractors and service providers hold current and valid licenses necessary to perform their role and comply with all appropriate local, state and federal laws. If requested, the Contractor will provide a copy of those licenses to EOHLC.

7. Staffing.

a. The Contractor shall adequately staff the programs funded under this Contract in order to perform all of the Contractor’s obligations under this Contract.

b. The Contractor shall staff its facilities during all approved hours of operation and must assign one female staff member to be on duty at all times a Client self-identifying as female is present in the

Contractor’s Facility. The Contractor may request EOHLC’s approval of an exception to the female staff requirement in writing, which must explain the reasons for the request and the contingency plans in the event female staff presence is needed. EOHLC may grant such approval in writing.

c. Staffing levels in overnight congregate facilities must be sufficient to support visual observation of each participant during the overnight hours. Observations must occur no less than every 30 minutes.

d. At least one person who is certified in first aid, naloxone administration, and CPR must be present in the Contractor’s Facility during all hours of operation.

e. The Contractor shall notify EOHLC when its director will be absent from the Facility for at least three weeks and shall identify the person(s) who will be acting in their place.

f. The Contractor shall designate at least one member of its staff as its Clients Rights Officer.

g. There must be at least one ServSafe certified person assigned to each Facility operated by the

Contractor in which food is prepared onsite.

h. The Contractor shall ensure all staff have completed a CORI/SORI at the time of hiring and periodically thereafter, in accordance with 101 CMR 15.00; & 803 CMR 2.00.

8. Facilities and Units Operated by the Contractor. All facilities and units operated by the Contractor pursuant to this Contract must meet all applicable health and safety codes and state and local licensing and occupancy requirements. The Contractor’s facilities must have a written evacuation plan clearly posted https://www.mass.gov/doc/criminal-offender-record-checks-effective-april-21-2017/download https://www.mass.gov/doc/803-cmr-2-criminal-offender-record-information-cori/download on each floor, which plan must include a list of emergency telephone numbers (police, fire, ambulance, etc.). Emergency exits must be clearly marked.

9. Meal Preparation and Food Storage. In all Transitional Housing, and Permanent Housing facilities operated by the Contractor, the Facility shall include space for meal preparation and food storage for

Clients.

10. Fire Drills. The Contractor must perform an unscheduled fire drill on at least a quarterly basis in all of the facilities operated by the Contractor. The Contractor must maintain a log of each fire drill, which identifies the day and time that each fire drill was held. Clients must be informed of the Facility’s fire drill procedures.

11. First Aid Kits. The Contractor must make fully equipped first aid kits available and accessible to all staff in congregate facilities or those conducting outreach. Naloxone shall be readily available throughout congregate facilities and to outreach staff engaged in their work in the community.

12. Medicines. The Contractor must determine whether its facilities will offer storage for medicines. If storage is offered, then the Contractor must have medicines stored in a safe and secure area that is separated from cleaning fluids and toxic substances, and client participation in storing their medication in this way shall be optional, except where policies require clients to lock up their own medications in facility provided secure storage where clients have independent access to their medications at all times, without assistance from staff. The contractor shall not restrict a client’s access to their medication in any way. If a Facility has decided not to provide storage for medicines, access to secure refrigeration for medicines requiring refrigeration must be made available upon request.

13. Cleanliness. The common areas and sleeping areas of the facilities operated by the Contractor must be cleaned in accordance with DPH guidance to limit the transmission of disease. For overnight shelter programs only, Clients may be required to complete reasonable chores for no longer than 30 minutes each day to assist in the cleaning of the Facility.

14. Toiletries. The Contractor shall provide sufficient toiletries to fulfill the needs of all Clients in its facilities.

15. Animals. Service Animals shall be accepted. Assistance Animals may also be accepted upon request of a reasonable accommodation as described and defined at https://www.mass.gov/service-details/about-service-and-assistance-animals. Contractors may elect to allow or prohibit animals other than Service

Animals and Assistance Animals at their discretion. If Contractors opt to allow pets, they should craft policies outlining client and pet behavior within the facilities. Note that Service Animals and Assistance

Animals are not pets.

16. Interpretation Services. EOHLC provides Transperfect Interpretation services for all funded emergency shelter programs. This service shall be made available to all persons requesting it in their interactions with the emergency shelter staff. For other program types, if the Contractor has access to professional interpretation services, such services must be made available to all persons who request interpretation services.

VI. Additional Terms and Conditions

NOTE: Federal Requirements (If the Contractor receives Emergency Solutions Grant funding).

For Contracts that will be funded by the Emergency Solutions Grant (ESG), the Contractor will be subject to additional federal requirements, including the provisions of 2 CFR Part 200, “Uniform Administrative

Requirements, Cost Principles and Audit Requirements for Federal Awards,” and the provisions of 24 CFR Part

576, which will be further specified in the final version of the Scope of Services.

https://www.govinfo.gov/content/pkg/FR-2011-12-05/pdf/2011-30938.pdf https://www.govinfo.gov/content/pkg/FR-2011-12-05/pdf/2011-30938.pdf

A. Reporting Responsibilities

1. Records and Reporting. The Contractor shall comply with all records and reporting requirements set forth in this Contract.

2. Monthly Individual Data Reporting. The Contractor shall monitor the program(s) funded under this

Contract and, on the twenty-fifth (25th) day of the following month for state-funded programs and the twentieth (20th) of the following month for federally-funded programs, shall submit to EOHLC a Monthly

Individual Data Report, which must contain all the program-specific data required by the applicable

Program Appendix.

3. HMIS: The Contractor shall enter required information into their local CoC’s HMIS and remain in compliance with the CoC’s HMIS standards. This shall include but is not limited to, collection of all CoC required data elements, completion of intake, exit and mid-program assessments and full participation in

HIC and PIT reporting.

4. Coordinated Entry: The contractor shall participate in their local CoC’s coordinated entry system and remain in compliance with the CoC’s Coordinated Entry standards. This includes emergency shelters and outreach programs ensuring that their clients are enrolled according to the local system’s standards and processes. This also includes participation in any interagency case coordination (also known as “by-name list,” and “situation table”) as may be requested and permitted by appropriate releases of information.

5. Annual CAPER/APR Reporting. The Contractor shall submit to EOHLC a CAPER or APR report, as determined by EOHLC’s contract manager, generated from HMIS on each year on a due date determined by EOHLC’s contract manager during the term of this Contract. This annual reporting requirement does not apply to the Food program or Healthcare program.

6. General Reporting. The Contractor shall submit any other report or information requested by EOHLC by the due date specified in EOHLC’s request. The Contractor shall promptly make available to EOHLC or to the auditor or a contractor approved by EOHLC such material information regarding the Contractor’s activities as may be requested by EOHLC.

7. Requests for Extensions. The Contractor must submit requests for time extensions for the submission of any reports or data in writing to EOHLC for approval prior to the passing of the deadline. Such request must be in writing and explain the reason for the delay and specify the new deadline for the submission of the report or data. EOHLC may grant such requests in its sole discretion.

8. Litigation Reports. Within five business days of being served with any pleading in a legal action filed with a court or administrative agency related to this Contract or which may affect the Contractor’s ability to perform its obligations hereunder, the Contractor shall notify EOHLC of such action and deliver copies of such pleadings to EOHLC. Such reports or communications may be provided electronically.

9. Review Reports. Within five business days of receipt, the Contractor shall provide EOHLC with copies of any and all exception reports and written communications of an audit or review of the Contractor and any written final reports of such audits or reviews that the Contractor receives during the Contract term from the State Office of the Inspector General and/or the Office of the State Auditor.

10. Audits.

a. EOHLC will audit the Contractor at least once every five years. This review will include all aspects of the Contractor’s accounting, bookkeeping and billing procedures as well as the Contractor’s documentation of expenses incurred under this Contract.

b. EOHLC may secure its own independent audit or financial review of the Contractor’s records at any time if, in its sole discretion, EOHLC determines it is necessary for any reason.

B. Performance Monitoring

1. Program Performance Evaluation. EOHLC’s contract manager(s) will perform desk reviews and on-site visits for each program to evaluate the Contractor’s compliance with the terms of this Contract. Project monitoring will be scheduled according to a risk assessment score.

a. The desk review will address at a minimum: fiscal & program utilization; incident reports; monthly reports; staffing issues; and corrective action compliance.

b. The on-site visit will address at a minimum: compliance with health and safety requirements;

recordkeeping requirements; review of all licenses/permits that would have expired since the last visit; and corrective action compliance. On-site reviews may also include, without limitation, Client interviews, reviews of issues raised because of desk reviews, and compliance with general contract requirements, as well as other opportunities to receive feedback directly from Clients served.

2. Performance Record Maintenance. The Contractor shall maintain onsite, and make available for EOHLC’s review upon its request, the following list of items. EOHLC may request and review them either as part of standard monitoring or at other times as it deems necessary:

a. Rules governing Client behavior;

b. Grievance procedures for all programs funded under this Contract;

c. All occupancy permits, health inspection certificates, fire inspection certificates, and all other permits or certificates required by law;

d. Log of quarterly fire drills, which shall include the dates and times that each fire drill was held;

e. Log of serious incidents/problems, grievances, and their outcomes (including on-site injuries or deaths of staff or Clients, police activity, fire, and property damage resulting in the loss of the

Facility or any units).

f. Written personnel policies and procedures;

g. Resumes for Contractor’s executive director and program director, or their equivalents; and

h. Personnel records for each employee funded in whole or in part by this Contract, which shall include but not be limited to, the employee’s job description/responsibilities and qualifications, the employee’s resume or job application (and their name, address, and proof of qualification to be employed), initial SORB inquiry, copies of CPR, first aid, or other relevant certifications, and a copy of the employee’s time and attendance records.

3. Noncompliance.

a. If EOHLC determines that the Contractor has failed to perform any Contract requirement(s), EOHLC shall take remedial steps, which may include sanctions, comprising one or more of the following:

i. Discussions with the Contractor’s executive team regarding EOHLC’s concerns related to a failure to meet performance measures, data entry, and general poor performance in expectations of management and activities (or other specific areas of this Contract), as outlined in the Scope of Services.

ii. Discussions with the Contractor’s governing board regarding EOHLC’s concerns relating to the Contractor deficiencies.

iii. Written notice to the Contractor documenting the deficiency and prescribing the required remedy including milestones and deadlines and describing the consequences of failure to comply with the required remedy. The president or chair of the Contractor’s governing board will receive a copy.

iv. Written notice to the Contractor documenting a material contract breach and informing the

Contractor that a portion of the Contractor’s compensation will be deducted, as liquidated damages, for the breach. The amount deducted shall be the amount that EOHLC determines to be reasonably proportional to the value lost to EOHLC because of the failure or contract breach.

v. Increased frequency of monitoring including both review of policies, procedures, and grievances, as well as increased site visit schedules, including unannounced site visits.

vi. Discussions with the Contractor’s governing board regarding EOHLC’s concerns relating to the deficiencies.

vii. If all above efforts to resolve the deficiency are unsuccessful, EOHLC may, at its sole discretion, terminate this Contract or take any other action as may be necessary or desirable to correct the Contractor’s noncompliance with this Contract. This could include a referral to the Massachusetts Attorney General’s Office or Inspector General’s Office for further investigation.

b. If a subcontractor is in noncompliance with its contract with the Contractor or otherwise causes the Contractor to be in noncompliance with this Contract, the Contractor shall notify EOHLC within

7 days of discovering such noncompliance and shall take remedial steps, which may include sanctions, comprising one or more of the following:

i. In consultation with EOHLC, provide written notice to the subcontractor documenting the deficiency and prescribing the consequences of failure to comply with the required remedy.

EOHLC shall receive a copy of the written notice.

ii. If efforts to resolve the deficiency are unsuccessful, EOHLC may require the Contractor to terminate its contract with the subcontractor or take any other action as may be necessary or desirable to EOHLC to correct the subcontractor’s noncompliance.

If the subcontractor does not remedy the noncompliance to the satisfaction of EOHLC, EOHLC may terminate this Contract or take any other action as may be necessary or desirable to correct the subcontractor’s noncompliance.

C. Payment Mechanisms, Fiscal Obligations, and Prior Approvals

1. General. EOHLC agrees to provide payment for the services described under this Contract, pursuant to the following payment mechanism:

a. All payments are contingent upon receipt of the availability of funds, authorization by the

Executive Office of Administration and Finance, the Massachusetts Comptroller, the provisions of the Commonwealth Terms and Conditions, and the applicable provisions of the OMB Circulars.

In accordance with 815 CMR 2.00 and state finance law, EOHLC is under no legal obligation to compensate the Contractor, or to obtain additional funding, for any costs or other commitments which are outside the scope of the executed Contract and which have not been approved by EOHLC.

b. In no event shall the sum of any and all payments by reimbursement exceed the maximum amount payable to the Contractor hereunder. Requests for payment by cost reimbursement will be honored and funds will be released based on submission by the Contractor, with review and acceptance by

EOHLC, of required data and reports as detailed in this Contract, the availability of funds, and the

Contractor’s satisfactory compliance with the terms of this Contract.

c. The Contractor shall initiate any requests for payment by cost reimbursement by submitting a written request to EOHLC as provided for in this Contract. By submitting such a written request for payment by cost reimbursement, the Contractor represents that in accordance with the Contract, including this Scope of Services, articles have been furnished, services have been rendered, or obligations have been incurred by a person authorized to incur such obligations. In addition to the

Contractor’s written request, requests for payment by cost reimbursement shall also contain sufficient detail, supporting records, and documentation to support payment. EOHLC may delay cost reimbursement if the Contractor submits incomplete documentation or submits the request for payment after the due date.

d. Documentation and requests for payments are due by the 25th of the month following the month of when service was provided. Supplemental requests are due and will only be accepted up to sixty days following the original invoice deadline for the month you are billing.

e. Prior EOHLC approval is required for changes to the Budget. Budget amendment requests for these changes shall be made in writing, submitted by the Contractor’s executive director or other authorized persons to EOHLC. EOHLC shall approve or disapprove the requested change within

20 days of receipt thereof and shall send all approvals or disapprovals in writing to the Contractor’s executive director. No amendment which affects the total Contract amount shall be effective unless filed at the Massachusetts Office of the Comptroller.

f. Underutilization of contracted funds may result in reduction of the maximum obligation in renewal contract periods. Requests for budget amendments as described above are encouraged to prevent end-of-year reversions and potential reductions in renewal contract amounts.

g. Due to Contracts and Budgets being issued based on proposals provided in the initial Request for

Responses, selected in part to ensure coverage of all services in all geographic areas, amendments to move dollars from one program component to another will not be an adjustment and may not always be permitted under the amendment category.

h. Changes in this Scope of Services and any accompanying Program Appendix that are not substantial may be authorized by EOHLC, in writing, without the requirement of an amendment to this Contract.

2. Invoice Review. EOHLC will review the Contractor’s invoices and accompanying data reports as submitted to verify the information.

D. Internal Controls.

1. Fiscal Controls.

a. The Contractor certifies that it has established sufficient internal policies to carry out its obligations hereunder that meet the requirements established by EOHLC, which internal policies shall include executive compensation policies and procedures, compliance policies and procedures, conflict of interest policies (see Section E.1. below), code of conduct policies, and internal controls policies that relate to fiscal management. Topics that should be covered by internal controls policies that relate to fiscal management, such as those referenced at Financial Control Recommendations.

b. The Contractor and any entity under subcontract with the Contractor having costs chargeable to this Contract shall maintain an accounting system, financial management system, and supporting fiscal records adequate to substantiate such costs for audit purposes, and any other records necessary to substantiate the Contractor’s claims for payment hereunder.

c. Records shall include, without limitation to, payroll records, accounting records, and purchase orders that are sufficient to document the Contractor’s activities under this Contract. In addition, the Contractor and any entity under subcontract with the Contractor shall otherwise verify that payments and costs meet applicable federal and state requirements.

https://npcrowd.com/13-financial-control-recommendations-for-nonprofits/#:~:text=All%20nonprofits%20need%20the%20following%2013%20minimum%20financial,a%20whistleblower%20policy%2C%20and%20define%20banking%20account%20authority.

d. EOHLC shall have the right to monitor and review the adequacy of the Contractor’s fiscal and audit records and conduct on-site field visits, as EOHLC deems appropriate, at any time during the term of the Contract. EOHLC may determine at any time during the term of the Contract that additional information or further action may be required. Upon notice of such determination by EOHLC, the

Contractor agrees to promptly provide such information to EOHLC or undertake such further action deemed necessary by EOHLC.

2. Fraud, Waste, and Abuse. The Contractor shall maintain and utilize systems and procedures that meet the requirements established by EOHLC to prevent, detect, and correct fraud, waste, and abuse in activities funded under this Contract.

E. Conflict of Interest, Licensure, and Debarment

1. Conflict of Interest.

a. The Contractor shall not engage in any business or personal activities or practices or maintain any relationships which conflict in any way with the full performance of the Contractor’s obligations hereunder. The Contractor shall disclose any financial, legal or ethical conflict of interest, whether potential or actual, to EOHLC prior to the contract start date, and where such conflicts are unforeseeable, it shall disclose immediately as any such conflict arises.

b. The Contractor shall establish, maintain and utilize procedures for the prevention, identification and management of any conflicts of interest that may arise involving any of the Contractor’s members, directors, officers, agents, and any other partners. Such procedures shall include, at minimum,

(1) a prohibition against members, officer, directors, or employees of the Contractor soliciting or accepting gifts, gratuities, favors, or anything of monetary value from any applicant, Client, contractor, subcontractor, or potential contractor or subcontractor of the Contractor, (2) a prohibition against members, officers, directors or employees of the Contractor entering into any form of real estate contract with Contractor, directly or indirectly through affiliated entities, to sell, lease, license, or otherwise make available any interest in real estate for use in providing the services covered by this Contract, and (3) a requirement that members, directors, officers, and employees:

i. Disclose to the Contractor’s governing board the existence and extent of their interest in or association with any business, agency, trust, or organization that may be the subject or recipient of consideration for a contract or grant utilizing funds provided pursuant to this

Contract;

ii. Disclose to the Contractor’s governing board any ownership interest in any business, agency, trust, or organization that proposes to enter into a purchase agreement, contract of sale, lease, license, or other arrangement pursuant to which Contractor would purchase, lease, license, or otherwise acquire an interest in real property from such business, agency, trust or organization;

iii. Bring to the attention of the Contractor’s governing board any facts or circumstances known to such person that bear upon the fairness of a proposed contract or grant, including any information that the contract or grant would not be in the best interests of the Contractor;

iv. Abstain from participation in the consideration of any contract or grant award to any business, agency or organization in which such person has an interest or with which such person is associated;

v. Disclose to the Contractor’s governing board any other direct or indirect financial interest of such person or members of his or her immediate family in this Contract; and

vi. For each member, officer, director, and employees having responsibilities for services provided under this Contract:

A. Disclose to the Contractor’s governing board and EOHLC, if such person or any person under their supervision intends to seek any services provided by the Contractor under this

Contract; (where available, the person should apply for such services with another organization that is not affiliated with the Contractor); and

B. In no event shall such person or any person under their supervision participate in any way in the review or approval of their own application for services.

C. The Contractor shall not knowingly employ or compensate any employee of the

Commonwealth during the term of this Contract, unless such arrangement is permitted under the provisions of M.G.L. c. 268A. Employment of former Commonwealth employees shall also be in compliance with the provisions of M.G.L. c. 268A.

c. The Contractor will notify EOHLC of any conflict-of-interest disclosures related to this contract and affirmatively confirm whether such disclosures were appropriately filed with the

Contractor’s governing board and the Attorney General’s Office, if necessary.

2. Licensure. The Contractor represents and warrants that as of the effective date, it has, and that at all times during the term hereof it shall have, at its sole expense, all licenses, certifications, approvals, insurance, permits, and other authorizations required by law to perform its obligations hereunder. The Contractor shall maintain all necessary licenses, certifications, approvals, insurance, permits, and other authorizations required to properly perform activities under this Contract, without reimbursement by the Commonwealth or other adjustment in Contract funds. Further, the Contractor warrants that all employees, agents, and subcontractors performing services under this Contract shall hold all required licenses or certifications, if any, to perform their responsibilities.

3. Debarment. The Contractor certifies that the Contractor and its principals are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal or state department or agency. The Contractor agrees to immediately notify

EOHLC if the Contractor becomes suspended or debarred, or if any licenses, certifications, approvals, insurance, permits, or any such similar requirement necessary for the Contractor to properly perform become revoked, withdrawn, or non-renewed during the Contract period.

F. Enforcement, Suspension, and Termination

1. Enforcement Rights. Enforcement of this Contract and all rights and obligations hereunder are reserved solely to the Contractor and EOHLC, and not to any third party.

2. Increased Monitoring/Reporting. EOHLC may utilize increased or additional monitoring and reporting as part of its enforcement actions.

3. Early Termination. This Contract may be terminated pursuant to Sections 4 and 5 of the Commonwealth

Terms and Conditions. EOHLC may provide the Contractor with written notice to decrease or cease

Contract activity. Effective upon receipt of notice from EOHLC, or a later date specified therein, the

Contractor agrees to decrease, suspend, and/or terminate Contract activity in conformance with the terms of such notice.

4. Termination/Expiration. Upon the termination or expiration of this Contract, the Contractor shall continue to cooperate with all audit, records, and monitoring requirements. Within a maximum of 90 days following the date of expiration or termination of this Contract, the Contractor shall submit all reports and data required by this Contract.

G. Non-Discrimination in the Provision of Services

1. Non-discrimination. Notwithstanding finalized changes in federal regulations or statute, the Contractor shall not deny services or otherwise discriminate in the delivery of services because of race, color, religion, disability, sex, sexual orientation, gender identity, familial status, marital status, age, national origin, ancestry, genetic information, receipt of federal, state, or local public assistance or housing subsidies, veteran/military status, or because of any other basis prohibited by law. The Contractor agrees to comply with all applicable federal and state statutes, rules and regulations and administrative and executive requirements prohibiting discrimination, including without limitation, the Americans with Disabilities

Act, as amended (42 U.S.C. §§ 12101 et seq.), Section 504 of the Rehabilitation Act of 1973, as amended

(29 U.S.C. § 794), Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. §§ 2000d et seq.), the

Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), M.G.L. c. 151B, M.G.L. c. 272

§§ 92A, 98, and 98A, M.G.L. c. 111 § 199A, 42 U.S.C. 9918 (c) and 45 C.F.R. 80, and Fair Housing Act

(42 USC 3601 et seq.), as amended.

H. Confidentiality

1. Confidentiality. The Contractor shall keep all state records and information, wherever obtained, confidential at all times and comply with all state and federal laws concerning the confidentiality of information. The Contractor shall hold all personal data relating to Contract supported personnel and applicants or recipients of Contract supported programs and activities in accordance with Section 6 of the

Commonwealth Terms and Conditions, the Standard Contract Form and its Instructions and Contractor

Certifications, and applicable state and federal privacy and confidentiality regulations and laws including without limitation, M.G.L. c. 66A, “Massachusetts Fair Information Practices Act;” M.G.L. c. 93H, Security Breaches; 801 CMR 3.00: Privacy and Confidentiality and 201 CMR 17.00: Standards for the

Protection of Personal Information of Residents of the Commonwealth.

2. Information Security. Pursuant to the requirements of the Standard Contract Form and its Instructions and

Contractor Certifications and the Commonwealth Terms and Conditions, the Contractor certifies that the

Contractor has reviewed and shall comply with all information security programs, plans, guidelines, standards and policies that apply to the work to be performed under this Contract, that the Contractor shall communicate these provisions to and enforce them against its subcontractors, and that the Contractor shall implement and maintain any other reasonable and appropriate security procedures and practices necessary to protect personal information to which the Contractor is given access as part of this Contract, from unauthorized access, destruction, use, modification, disclosure, or loss.

3. The Contractor shall take all required measures to protect the security of data it receives, shall ensure that its software and security for the hosted environment meets, at a minimum, the “HMIS Privacy and Security

Standards” as outlined in the 2004 HUD Data and Technical Standards Notice. Notification of Obligations.

The Contractor shall notify its agents, employees, subgrantees, and assignees who may come into contact with state records and confidential information that each is subject to the confidentiality requirements set forth herein.

4. Requirements Upon Termination. The Contractor shall deliver to EOHLC, within 14 days of a written request by EOHLC following termination of this Contract, such personal data relating to this Contract as EOHLC may request; provided, that the Contractor may keep copies of any personal data delivered to EOHLC; and provided further, that for the purposes of this sentence, the term, “personal data”, shall not include the

Contractor’s personnel records.

I. Access to Records.

1. Access to Records. The Contractor shall ensure the cooperation of its employees and governing board members with all requirements set forth in this Contract relating to any audit, review, or monitoring, whether it is conducted by EOHLC or its authorized representatives or representatives of the

Commonwealth of Massachusetts. In the event of any such audit, review, or monitoring, the Contractor shall allow EOHLC and its representatives or representatives of the Commonwealth of Massachusetts access (both in-person and electronically) to all of its books and records pertaining to this Contract.

VII. Definitions

Annual Performance Report (APR): A pre-programmed report generated by HMIS that outlines annual performance of supportive services programs.

Case Management: A professional and collaborative process that assesses, plans, implements, coordinates, monitors, and evaluates the options and services required to meet an individual's needs. May include Housing

Search.

Client: A member of a Homeless Household or Literally Homeless Household, as applicable, that receives services or assistance under any of the Contractor’s programs that are funded by this Contract.

Clients Rights Officer: A staff member designated by the Contractor who is responsible for enforcing the

Contractor’s grievance procedures. The Clients Rights Officer must be an unbiased, uninterested person who works onsite, but does not interact with the…