WASHINGTON COUNTY SAMPLE SERVICES CONTRACT & INSURANCE REQUIREMETNS.pdf

Contract #_________

WASHINGTON COUNTY

SUPPORTIVE HOUSING SERVICES PROGRAM

PARTNER AGENCY CONTRACT

This contract is between Washington County, a political subdivision of the State of Oregon (“County”), and _________________________________(“Contractor”). County and Contractor, in consideration of the mutual promises, terms and conditions provided herein, agree to the following:

SECTION 1: PURPOSE AND STANDARD OF SERVICES

1.1. This contract sets forth the responsibilities and clarifies the relationship between the County and the Contractor.

1.2. Services performed by the Contractor shall be performed to the standards described in Section 29 of the County Contract Terms and Conditions below and Attachment A.

SECTION 2: CONSIDERATION

2.1 Contractor shall perform the work described in Attachment A, in consideration for which County agrees to pay for the work in the manner as further described in this contract.

2.2 There is no guaranteed maximum or minimum level of service or payment established during the contract period. Service and payment terms will be determined through Work Orders. The Contractor shall not be entitled to payment or reimbursement except as authorized through an executed Work Order. All executed Work Orders shall be incorporated into and made a part of the contract as amendments to Attachment A.

2.3 Payment rates and terms are set forth and identified in Attachment A.

2.4 Unless otherwise stated in Attachment A, the payment terms are thirty days after invoice approval by the County Contract Administrator.

SECTION 3: CONTRACT TERM

3.1. The effective date is ________, or upon final signature, whichever is later.

3.2. The expiration date is ________, unless otherwise amended.

3.3. Passage of the contract expiration date shall not extinguish or prejudice the County's right to enforce this contract with respect to any default or defect in performance that has not been cured.

SECTION 4: ADDITIONAL DOCUMENTS AND ATTACHMENTS

4.1 The following documents are incorporated into this contract:

Solicitation #__________.

Contractor’s response dated __________.

4.2 The following Attachments are incorporated into and made a part of this contract:

☐ Attachment A: Statement of Work/Schedule/Payment Terms

☐ Attachment A-1: Work Order

☐ Attachment A-2: Program Standards

☐ Attachment A-3: Budget Allocation

☐ Attachment A-4: Statement of Work

☐ Attachment A-5: Special Conditions

☐ Attachment B: Modifications to Contract Terms and Conditions

☐ Attachment C: Insurance Requirements Summary Form

☐ Attachment D: Federal Certifications

☐ Attachment E: State Insurance Program Requirements

☐ Attachment F: Business Associate Agreement

☐ Attachment G: PREA Policy Agreement

☐ Attachment J: Catalog of Federal Domestic Assistance

☐ Attachment K: Metro Requirements

☐ Attachment Other: Prevailing Wage Standards

☐ Attachment Other _________________________________

4.3 In the event there is a conflict between the documents comprising this contract, the following order of precedence shall apply: the terms and conditions in the body of this contract, as modified by Attachments A and B, Attachment C, Attachment D, Attachment E, Attachment J and Prevailing Wage Standards; the remaining attached items checked in section 4.2; the Solicitation; and Contractor’s response.

SECTION 5: COUNTY CONTRACT ADMINISTRATOR

Contract Administrator Name:

Telephone:

Email:

Address: Mailstop:

City/State/ZIP:

SECTION 6: SIGNATURES

STANDARD CONTRACT TERMS AND CONDITIONS

1. Subcontracts and Assignment. Contractor shall not enter into any subcontracts for any of the work required by this contract or assign or transfer any of its interest in this contract, without the prior written notice to County. County shall have 10 working days to object. The provisions of this contract shall be binding upon and shall inure to the benefit of the parties hereto, and their respective successors and assigns, if any.

2. Third Party Beneficiaries. County and Contractor are the only parties to this contract and are the only parties entitled to enforce its terms. Nothing in this contract gives, is intended to give, or shall be construed to give or provide any benefit or right, whether directly, indirectly, or otherwise, to third persons unless such third persons are individually identified by name herein and expressly described as intended beneficiaries of the terms of this contract.

3. Written Notice. Any notice of change, termination, or other communication having a material effect on this contract shall be upon the County Contract Administrator and the Contractor Contact Person and served in one of the following manners: a) In-person delivery; or b) deposited in the U.S. Mail under certified or registered handling, postage prepaid. Except as provided in this contract, it is agreed that fifteen calendar days shall constitute reasonable notice for the exercise of any right in the event that applicable law specifically requires such notice.

4. Governing Law/Venue/Attorney Fees. This contract shall be governed by and construed in accordance with the laws of the State of Oregon without regard to principles of conflicts of law.

Any claim, action, suit or proceeding (collectively, "Claim") between County and Contractor that arises from or relates to this contract shall be brought and conducted solely and exclusively within the Circuit Court of Washington County for the State of Oregon; provided, however, if a Claim is brought in a federal forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon. CONTRACTOR, BY

EXECUTION OF THIS CONTRACT, HEREBY CONSENTS TO THE IN PERSONAM JURISDICTION OF

SAID COURTS. Each party shall be responsible for its own costs and attorney fees for any claim, action suit or proceeding, including any appeal.

5. Remedies Cumulative. All rights and remedies of County and Contractor shall be cumulative and may be exercised successively or concurrently. The foregoing is without limitation to or waiver of any other rights or remedies of County according to law.

6. Severability/Waiver. County and Contractor agree that, if any term or provision 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 provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the contract did not contain the particular term or provision held to be invalid. The failure of either party to enforce any provision of this contract shall not constitute a waiver by that party of that or any other provision of this contract.

7. Public Contracting Statutes. ORS 279B.220 through 279B.235 and 279C.500 through 279C.870, as applicable, are incorporated herein by reference.

8. Independent Contractor.

8.1 Contractor shall perform the work required by this contract as an “Independent

Contractor.” Although County reserves the right to determine the delivery schedule for the work to be performed and to evaluate the quality of the completed performance, the County cannot and will not control the means or manner of the Contractor’s performance. The Contractor shall comply promptly with any requests by County relating to the emphasis or relative emphasis to be placed on various aspects of the work or to such other matters pertaining to the work under this contract. Contractor is responsible for determining the appropriate means and manner of performing the work.

8.2 Contractor represents and warrants that Contractor is not an employee of the County, is not currently employed by the Federal Government, meets the specific independent Contractor standards of ORS 670.600, and is not an “officer”, “employee”, or “agent” of the County, as those terms are used in ORS 30.260 et. seq.

8.3 Contractor is solely responsible for payment of any federal, state or local taxes applicable to any payments paid to Contractor under this Agreement including, but not limited to, payment of the corporate activity tax imposed under HB 3427 (2019 Oregon legislative session). Contractor may not include its federal, state or local tax obligations as part of the cost to perform under this Agreement. Contractor is not eligible for any federal Social Security, unemployment insurance, or workers’ compensation benefits from compensation or payments paid to Contractor under this Agreement.

8.4 Contractor agrees to immediately provide County notice of any claim made against Contractor by any third party. Contractor also agrees not to assign to any third party, without County’s written consent, any obligation of Contractor to indemnify County for any actions under this contract.

9. Environmentally Preferred Products/Material Safety Data Sheets. Whenever possible, the Contractor should use environmentally preferable products which present a lesser impact to the public health and the environment than competing products. Contractor agrees, upon execution of this contract, to submit a copy of the relevant material safety data sheet(s) for any chemical substance the Contractor will bring on to the County’s premises and use as part of the work described in this contract.

10. Nondiscrimination. No person shall be denied or subjected to discrimination in receipt of the benefits of any services or activities made possible by or resulting from this contract on the grounds of race, color, religion, gender, sexual orientation, national origin, disability, age, or marital status. Any violation of this provision shall be considered a material defect and shall be grounds for cancellation, termination or suspension in whole or in part by the County.

11. Termination.

11.1 This contract may be terminated under the following conditions:

a. By mutual consent of both parties.

b. Contractor may terminate this contract upon a material default of County;

however, Contractor must provide written notice to the County Contract

Administrator and provide County with thirty days to cure the default.

c. County may at any time terminate, the whole or any part of, this contract for default if Contractor fails to perform any of the provisions of this contract, or so fails to pursue the work as to endanger performance of this contract in accordance with its terms, and after receipt of written notice from the County, fails to correct such failures within seven calendar days or such other period as the County may authorize or require.

d. County may terminate this contract immediately upon declaration of bankruptcy by Contractor or Contractor is taken into receivership.

11.2 Upon receiving a notice of termination issued by County, Contractor shall immediately cease all activities under this contract, unless expressly directed otherwise by County in the notice of termination.

11.3 In the event the Board of Commissioners of Washington County reduces, changes, eliminates, or otherwise modifies the funding for this contract, or if funding from federal, state, or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services, then County may terminate this contract, in whole or in part, effective upon delivery of written notice to the Contractor, or at such later date as may be established by the County, and Contractor agrees to abide by any such decision.

11.4 In addition to its other rights to terminate, either party may terminate this Agreement, in whole or in part, for convenience upon thirty days’ prior notice to the other party.

During this thirty-day period, each party shall wind down and cease its services as quickly and efficiently as possible, without performing unnecessary services or activities and by minimizing negative effects on the other party from such winding down and cessation of services.

11.5 The rights and remedies of each party provided in this section, are not exclusive and are in addition to any other rights and remedies provided by law or under this contract.

11.6 If this Agreement is terminated under subsections 11.3 or 11.4, County shall be liable only for payment in accordance with the terms of this contract for services satisfactorily rendered prior to the effective date of termination.

11.7 Upon termination, Contractor shall deliver to County all contract documents, information, works-in-progress, and other property that are or would be deliverables had the contract been completed.

12. Time is of the essence. Time is of the essence in Contractor’s performance of each and every obligation and duty under this contract

13. Force Majeure. Neither County nor Contractor shall be held responsible for delay or default caused by fire, riot, acts of God, or war where such cause was beyond, respectively, County’s or Contractor’s reasonable control. Contractor shall make all reasonable efforts to remove or eliminate such a cause of delay or default and shall, upon the cessation of the cause, diligently pursue performance of its obligations under this contract.

14. Compliance with Applicable Law. Contractor and its subcontractor(s) shall comply with all federal, state, and local laws and ordinances applicable to the work performed under this contract including, but not limited to the following, as applicable: Title VI of the Civil Rights Act of 1964, Section V of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990 (Pub L No. 101-336), ORS 659A.142 and all regulations and administrative rules established pursuant to those laws; and all other applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations.

15. Contractor Certification Regarding Debarment, Suspension, Proposed Debarment and other Responsibility Matters. The Contractor certifies to the best of its knowledge and belief that neither it nor any of its principals:

15.1 Are presently debarred, suspended, proposed for debarment, or declared ineligible from submitting bids or proposals by any federal, state or local entity, department or agency;

15.2 Have within a three-year period preceding this offer, been convicted or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performance of a public (Federal, state or local) contract or subcontract; violation of Federal or state antitrust statues relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statement, tax evasion, or receiving stolen property;

15.3 Are presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph 15.2 of this certification;

15.4 Have within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal, state or local public agency.

15.5 Are on the list titled “Specially Designated Nationals and Blocked Persons” maintained by the Office of Foreign Assets Control of the United States Department of the Treasury and currently found at: https://www.treasury.gov/resource-center/sanctions/SDN- List/Pages/default.aspx

15.6 Are out of compliance with the tax laws of Oregon and all tax laws of political subdivisions of the State of Oregon, including, but not limited to, ORS 305.620 and ORS chapters 316, 317 and 318. Washington County may terminate the contract if contractor fails to comply with any tax laws during the term of the contract.

16. Oregon Registration. If Contractor is not domiciled in or registered to do business in the State of Oregon, Contractor shall promptly provide to the Oregon Department of Revenue and the Secretary of State Corporation Division all information required by those agencies relative to this contract.

17. Use of County Facilities. Contractor and its employees or agents shall have the right to use only those facilities of County that are necessary to perform the services under this contract and shall have no right of access to any facility of the County without prior approval of County management. County shall have no responsibility for the loss, theft, mysterious disappearance of or damage to equipment, tools, materials, supplies, and other personal property of Contractor or its employees, subcontractors or agents which may be stored on County premises.

18. Counterparts. This contract may be executed in several counterparts, each of which shall be an original, all of which shall constitute one and the same instrument.

19. Warranties. Contractor represents and warrants to County that: (a) Contractor has the power and authority to enter into and perform the contract, (b) the contract, when executed and delivered, shall be a valid and binding obligation of Contractor enforceable in accordance with its terms, and (c) Contractor's performance under the contract shall be in a good and workmanlike manner and in accordance with the professional standards.

20. Records. Contractor shall maintain all fiscal records relating to this contract in accordance with generally accepted accounting principles. In addition, Contractor shall maintain any other records pertinent to this contract in such a manner as to clearly document Contractor’s performance hereunder. Contractor acknowledges and agrees that County and its duly authorized representatives shall have access to such fiscal records and all other books, documents, papers, plans, and writings of the Contractor that are pertinent to this contract for the purpose of making audits, examinations, excerpts, copies and transcriptions. In addition, Contractor shall permit authorized representatives of the County to perform site reviews for all Services Delivered by Contractor. All such fiscal records, books, documents, papers, plans, and writing shall be retained by Contractor and kept accessible for a minimum of three years, except as required longer by law, following final payment and termination of this contract, or until the conclusion of any audit, controversy, or litigation arising out of or related to this contract, whichever date is later. All subcontracts shall also comply with these provisions. If OMB Circular A-133 is applicable to this Agreement, then Contractor shall supply County with Contractor’s DUNS Number.

21. Work Product. All work products of the Contractor which result from this contract (“the work products”), except material previously and mutually identified as confidential or proprietary, shall be provided to County upon request and shall be considered the exclusive property of the County. In addition, if any of the work products contain intellectual property of the Contractor that is or could be protected by federal copyright, patent, or trademark laws, or state trade secret laws, Contractor hereby grants County a perpetual, royalty-free, fully paid-up, nonexclusive and irrevocable license to copy, reproduce, perform, dispose of, use and re-use, in whole or in part, and to authorize others to do so. Such work products include, but are not limited to: databases, templates, file formats, scripts, links, procedures, materials, training manuals and other training materials, specially created key commands, and any other information, designs, plans, or works provided or delivered to the County or produced by Contractor under this contract.

22. County Policies. During the performance of this contract, Contractor shall follow County’s Affirmative Action Program which is to promote the objectives of the Equal Opportunity Commission’s guidelines as set forth in the Equal Opportunity Act of 1972, Oregon State Laws, legal mandates, and Presidential Executive Order 11246 entitled Equal Employment Opportunity as amended by Executive Order 11375 and as supplemented in Department of Labor Regulation 41 CFR part 60. Contractor shall also follow the County Workplace Discrimination, Harassment and Retaliation Prevention Policy, Workplace Violence Prevention Policy, Smoke Free Campus Policy and Personal Information Protection Policy. All subcontracts shall also comply with these provisions.

23. Indemnification and Hold Harmless. Contractor shall defend, indemnify and hold harmless the County, its agents, officers, elected officials and employees from and against all claims, demands and judgments (including attorney fees) made or recovered against them including, but not limited to, damages to real or tangible property or for bodily injury or death to any person, arising out of, or in connection with this contract, to the extent such damage, injury or death is caused or sustained in connection with the negligent performance or willful misconduct of Contractor, or its employee, agents or subcontractors. The County agrees to promptly notify Contractor in writing of any such claim or demand to indemnify and agrees to cooperate with Contractor in a reasonable manner to facilitate the defense of such claim.

24. Insurance. Contractor shall provide insurance coverage and limits as described in the Attachment C Insurance Requirements Summary Form.

25. Survival. The terms, conditions, representations, and all warranties contained in this contract shall survive the termination or expiration of this contract.

26. Amendment. This contract may only be amended by a written amendment signed by authorized agents of both parties.

27. Protecting the Federal Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. The Federal Government suspends or debars Contractors to protect the Federal Government’s interests. The Contractor shall not enter into any subcontract in excess of$25,000 with a Contractor that is debarred, suspended, or proposed for debarment unless there is a compelling reason to do so. The Contractor shall require each proposed first-tier subcontractor, whose subcontract will exceed $25,000 to disclose to the Contractor, in writing, whether as of the time of award of the subcontract, the subcontractor, or its principals, is or is not debarred, suspended, or proposed for debarment by the Federal Government. A corporate officer or a designee of the Contractor shall notify the Contract Administrator, in writing, before entering into a subcontract with a party that is debarred, suspended or proposed for debarment.

28. Security of Information

28.1 The County is required to notify its customers if any electronically stored information or written document that contains personal information has been subject to a security breach. Any Contractor of the County who becomes aware of any potential breach of a document or electronic file containing personal information of client of the County will immediately notify the Contract Administrator, who will work with the County Public Information Officer to notify the affected persons. A breach occurs when any unauthorized individual or entity gains access to personal information or when unintended disclosure of personal information is made, for example loss or theft of a electronic device containing personal information, loss or theft of a paper document containing personal information, unauthorized access to a network containing personal information, or a document containing personal information being sent to the wrong address.

28.2 No County Contractor will print a person’s full Social Security Number (SSN) on any document that will be sent through the mail, without a written request from the person whose SSN will be printed on the document, except as required by law. The Contractor will use only the last 4 digits of a SSN on all documents unless there is a compelling business reason to use the entire SSN. If a document contains a full SSN, the Contractor will take steps to protect the document from unauthorized disclosure. Contractors will not provide copies of a document containing a full SSN to anyone other than the person whose SSN is listed on the document, except as allowed by State or Federal law. The Contractor may provide a copy of a document to a third party with the SSN redacted if the document is otherwise allowed to be released. No Contractor will publicly post or display a document containing a full SSN.

28.3 Any County Contractor that collects personal information must develop, implement and maintain reasonable safeguards to protect the security and confidentiality of the information. Employees of the Contractor with access to personal information must take reasonable steps to prevent a breach of the information. Reasonable steps include locking file cabinets, monitoring who has access to areas containing personal information, locking computer workstations if leaving the area, and maintaining physical control over files, computer workstations, thumb drives, cds or other media which contains personal information. Contractors must also ensure the proper disposal of documents or other media which contains personal information. Contracting with a document shredding company will be considered proper disposal of paper documents.

The Contractor will be responsible for properly disposing of or erasing electronically stored personal information on hard drives, CDs, thumb drives or other devices under their control.

29. Performance Standards. Unless the Contractor is providing architectural, engineering, photogrammetric mapping, transportation planning or land surveying services or related services, as defined in ORS 279C.100, the Contractor must meet the established industry or business performance standards most closely involved in providing the goods or services.

30. Remedies. The consequences of the Contractor’s failure to perform the scope of work or to meet the performance standards established by this contract may include, but are not limited to:

a. Reducing or withholding payment;

b. Requiring the Contractor to perform, at the Contractor’s expense, additional work necessary to perform the identified scope of work or meet the established performance standards; and

c. Declaring a default, terminating the contract and seeking damages and other relief available under the terms of the contract or other applicable law.

31. Whole Contract. THIS CONTRACT CONSTITUTES THE COMPLETE AND EXCLUSIVE STATEMENT

OF THE CONTRACT BETWEEN THE PARTIES RELEVANT TO THE PURPOSE DESCRIBED HEREIN AND

SUPERSEDES ALL PRIOR AGREEMENTS OR PROPOSALS, ORAL OR WRITTEN, AND ALL OTHER

COMMUNICATION BETWEEN THE PARTIES RELATING TO THE SUBJECT MATTER OF THIS

CONTRACT

ATTACHMENT A

A. Statement of Work

1. Services

a. Contractor agrees to provide services as set forth in Work Order(s) attached as amendments to this contract (see Attachment A-1).

b. To the extent that a Work Order contains additional contract provisions, the Work Order shall control.

c. Contractor shall not implement any substantive program change or change in method of service delivery that affects the level, scope, or outcome(s) of services funded under a Work Order, or subcontract any part of the services funded in a Work Order, without prior written approval of County.

2. Program Standards

a. Contractor agrees to provide the above services in compliance with the Washington County Supportive Housing Services Program Standards (“Program Standards”) described in Attachment A-2.

b. The County reserves the right to modify the Program Standards during the contract term. The parties agree that a formal contract amendment will not be necessary to make changes to Program Standards, so long as the changes do not impact service levels or funding. Any changes will be communicated to Contractors through a written and dated Notice of Changes to Program Standards, and any such notices will become part of this contract and be fully enforceable under the terms of this contract as if fully set forth herein.

3. Program Outcomes

a. Contractor shall be responsible for tracking and achieving Performance Measures for services provided, as specified in each Work Order.

b. Contractor agrees to participate with the County in evaluation of contracted services and Performance Measures, and make available all information required by such evaluation process. This includes providing the County with data necessary to verify client counts, service provision, and Performance Measures, if requested.

B. Compensation and Payment Terms

1. Compensation

a. County agrees to provide compensation for Contractor’s services according to the terms set forth in each Work Order.

2. Payment terms

a. Except as otherwise noted in the Work Order, payments under this contract will be made monthly on a reimbursement basis based on receipt of invoices that show expenditures consistent with the terms set forth in the Work Order.

b. Contractor shall have sole responsibility for submitting required invoices in order to obtain contract payments.

3. Advance payments

a. Contractor may request an initial advance payment of up to 25% of the total fiscal year budget in each Work Order. The advance payment must be used for actual expenditures authorized in the Work Order and in accordance with the program budget. All expenditures must be documented in accordance with the requirements provided in section C.

b. Contractors receiving advance payment should still submit monthly invoices for reimbursement, beginning 15 days after the completion of the first month of services. Invoices will be reimbursed monthly until the total fiscal year budget has been spent, in accordance with the terms in the Work Order. Once the fiscal year budget has been spent, invoices must continue to be submitted monthly to document spending of the advance payment amount through the end of the fiscal year (June 30).

c. Contractor’s failure to perform in accordance with the terms of the Work Order shall result in Contractor returning advance funds.

4. Eligible expenditures

a. Contractor may charge expenditures under this contract only if they are:

1. In payment for services listed in the applicable Work Order;

2. Performed in conformance with the terms in the applicable Work Order.

3. Not in excess of the maximum payable amount under the applicable Work Order.

b. Reported expenditures shall be supported by properly executed payrolls, time records, invoices, contracts, vouchers, orders and any other accounting documents pertaining in whole or in part to the contract, in accordance with the instructions in section C.

c. Any costs incurred by the Contractor over and above the Work Order budget shall be at the sole risk and expense of the Contractor. All project monies shall be either obligated or expended within the term of the Work Order unless specifically authorized by the County.

d. Contractor shall not transfer County funds from one Work Order to another or from one budget category (Staffing, Financial Assistance, or Administrative) to another without a written amendment to the Work Order. Funds may be transferred between line items within budget categories at the Contractor’s discretion.

5. Reduction in funding

a. In the event that invoices from the Contractor indicate to the County that funds are not being utilized and will not likely be utilized efficiently during the term of the Work Order, the County, in its sole discretion, may reduce the Contractor’s funding.

b. In the event that the County determines that funds need to be reduced, County will inform Contractor in writing of the proposed decision to reduce funding at least 14 days before reducing Contractor’s funding. Contractor will have 14 days to respond in writing to the proposed reduction and may provide any information Contractor believes may impact County’s decision. After receipt of Contractor’s response, County will make a final decision within 4 working days and inform Contractor of the decision in writing.

c. Funding reductions will only affect funding that has not yet been obligated or expended. Contractor will still be fully reimbursed for funding that has already been obligated or expended in accordance with the terms of the Work Order.

6. Work Order renewal

a. All Work Order budgets are allocated on a fiscal-year basis, with compensation through the end of the County’s fiscal year (June 30).

b. Work Orders are eligible for renewal on an annual fiscal year basis through the contract term, dependent on Contractor performance, system need and funding availability. Renewal is not guaranteed, and the level of renewal funding may increase or decrease from year to year.

c. To request renewal for the following fiscal year, Contractor must submit a written request to the Contract Manager by March 31 of the current fiscal year.

The request must include written confirmation of the Contractor’s request to renew as well as any proposed modifications to the terms of the Work Order for the upcoming fiscal year. In follow up to the renewal request, the Contract Manager will provide the Contractor with additional instructions for submitting budget requests and other required documentation for consideration.

7. Recovery of funds

a. Any funds spent for purposes not authorized by a Work Order shall be deducted from future payments or refunded to the County at the County’s discretion.

b. Payments by the County in excess of authorized amounts shall be deducted from payment or refunded to the County no later than 30 calendar days after the end of the Work Order term or after notification by the County, whichever is earlier.

8. Withholding of payments

a. Failure of Contractor to submit required reports when due may result in the withholding of payments. Such withholding of payments for cause may continue until Contractor submits required reports, or establishes, to the County’s satisfaction, that such failures arose out of causes beyond the control and without fault or negligence of the Contractor.

C. Invoices and Documentation

1. Invoices

a. The County will provide Contractor with a Purchase Order and Invoice Template at the time of contract execution. All invoices must use the Invoice Template and must reference the Purchase Order number.

b. Contractor shall email all invoices no later than 15 days after the service is performed or goods received or, if the services are provided on a monthly basis, no later than 15 days into the following month.

c. Services must be launched no later than 60 days after the execution of each Work Order, with initial invoices submitted no later than 105 days after the execution of each Work Order.

d. If required invoices are received on time and are complete and correct, payment will be issued within 30 days of approval by the County Contract Administrator.

e. The County may, at its discretion, withhold payment of the final invoice until all close-out requirements have been met in accordance with work specifications.

2. Supporting Documentation

a. All invoices must be supported by documentation that meets the requirements in section 3.

b. All supporting documentation must be complete and accurate at the time invoices are submitted.

c. Supporting documentation must be available for review upon request in digital format.

d. The County reserves the right to conduct an audit of Contractor’s financial management systems and supporting documentation at any time. If the audit shows insufficient documentation for any Contractor invoices, Contractor will be required to return all applicable funding.

3. Documentation Requirements

a. Contractor shall document staffing costs with data on the number of clients served, in accordance with the Work Order budget.

b. Contractor shall document financial assistance costs by recording all expenditures in HMIS Fund Manager within three business days of each expenditure.

c. Documentation of costs which are allocable to more than one line item and/or which are only partially allocable to the project budget shall be annotated with amounts allocated to each source.

d. Documentation of administrative costs must meet the guidelines in section D5.

D. Financial Management Standards

1. Contractor shall maintain a financial/administrative system which complies with the standards in the most recent versions of 2 CFR 200 Uniform Administrative Requirements.

Contractor shall maintain a separate accounting of all received and disbursed under this contract. All accounting for this contract shall be maintained within the Contractor’s primary financial accounting system.

2. The Contractor’s financial system shall provide effective fiscal and internal controls and accountability for all funds, property, and other assets to ensure they are accounted for and used solely for authorized purposes under the contract. The Contractor’s financial systems will be established and maintained in accordance with Generally Accepted Accounting Principles and will be in compliance with all legal and contractual requirements.

3. The Contractor’s financial system shall:

a. Allow for aggregation of detailed data to summary level.

b. Allow for comparison of budgeted amounts to actual expenditures, including proper charging of costs and cost allocation.

c. Contain information pertaining to the contract and any subcontract awards, including but not limited to, obligations, unobligated balances, assets, liabilities, income, expenditures, matching funds, and leverage.

d. Provide accurate, current, and complete disclosure of all expenditures, including but not limited to, all revenues and expenditures from other grants, contracts or other agreements related to the contract.

e. Allow for the accounting of personnel time by applicable cost codes.

4. Contractor shall create and maintain a written cost allocation plan and/or allocation methodology for all allocated costs charged to this contract. All costs applied to this contract must be in accordance with the requirements of Federal Regulations 2 CFR 200. All cost allocation methodologies and costs pertaining to this contract are subject to County review and approval prior to reimbursement by the County.

5. Contractor shall allocate direct and indirect costs according to the following guidelines:

a. Direct costs are those costs that can be identified specifically with a final cost objective and that can be directly assigned to such activities easily with a high degree of accuracy. Typical costs charged directly to a contract include the compensation of employees (i.e. employees directly performing the scope of the work) who work under the contract, fringe benefit costs, the costs of materials, and other expenses incurred under the contract.

b. Indirect costs are generally classified within two broad categories: “Facilities” or “Administration”.

“Indirect Facilities” is defined as depreciation on buildings, equipment and capital improvements, interest on debt associated with certain buildings, equipment and capital improvements, and operations and maintenance expenses.

“Indirect Administration” is defined as general administration and general expenses such as the leasing, rental or maintenance of office space, rental of office equipment, utilities, insurance expenses, office supplies, accounting services, personnel administration expenses, and all other types of expenditures not listed specifically under “Indirect Facilities”.

Indirect costs mean those costs incurred for a common or joint purpose benefitting more than one cost objective, and not readily assignable to the contract. To facilitate equitable distribution of indirect expenses to the cost objectives, it may be necessary to establish a number of pools of indirect costs.

Indirect cost pools must be distributed to contract objectives on a basis that will produce an equitable result when considering the benefits derived. (24 CFR §200.56).

All indirect costs must be justified by an allowable indirect cost allocation plan and/or allocation methodology.

E. Program Reporting Requirements

1. Program reports shall be completed accurately in conformance with the guidelines and directions provided in the Work Order. Program reports which are not received by the time specified or are substantially incomplete or incorrect may result in delayed payment.

2. Contractor grants the County the right to reproduce, use, and disclose all or part of the information provided in the Contractor’s program reports.

3. Unless otherwise waived by the Contract Manager, Contractor shall utilize the County’s Homeless Management Information System (HMIS), ServicePoint, to record program data according to the requirements in the Program Standards.

4. At the end of each quarter, the County will provide Contractor with an HMIS data report summarizing the Contractor’s HMIS data for the quarter. Contractor shall review and verify that the data are accurate within five business days. If data are not accurate, Contractor shall work with the County to correct the HMIS data as needed.

F. Insurance Requirements

Contractor shall provide insurance coverage and limits as required by the County. The County may require additional coverage depending on the type of service in each Work Order.

Insurance requirements will be established prior to the execution of each Work Order, and the required insurance must be in effect when the Work Order is executed.

G. Organizational Stability

Contractor shall report changes in key personnel or their general responsibilities and any other significant changes that may occur within the organization, within 10 business days of occurrence.

Attachment A-1 Work Order

Department Department of Housing Services

Contractor

Contract Number

Work Order Number

Work Order Term

A. Scope of Work

SHS Program Component(s)

Population Served

Number of Clients

Service Description

Statement of Work See Attachment A-4

B. Budget

Total budget

Budget allocation See Attachment A-3

C. Performance Measures:

Performance Target Details Target Goal

D. Reporting:

Report Type Frequency Deadlines Information Required

Invoice Monthly 15th of each month Completed Invoice Template

HMIS data verification

Quarterly 5 business days after receiving HMIS data report from County

Written verification that HMIS data report provided by County is accurate

Narrative report Annual March 31 Written report addressing the questions listed below

Renewal request Annual March 31 Written request to renew the Work Order including any proposed modifications to the Work Order terms

Narrative report questions:

1. Summarize the program’s accomplishments over the reporting period, including summary data on all Performance Measures.

2. Describe any challenges encountered in meeting your performance targets as well as any lessons learned.

3. Describe the program’s progress in ensuring equitable access to services, delivering services in a culturally responsive and/or specific manner, and achieving equitable outcomes.

4. Describe any technical assistance or capacity building support that would be helpful.

E. Work Order Administration:

Department of Housing Services Contract Manager:

Name:

Title:

Address:

Telephone:

Email:

Contractor’s Work Order Program Manager:

Name:

Title:

Address:

Telephone:

Email:

F. Signatures:

The Contractor’s signature on this Work Order confirms the Contractor’s agreement with all provisions of the Work Order.

The terms of this Work Order will not be waived, altered, modified, supplemented, or amended, in any manner whatsoever, except by written amendment to this Work Order signed by all parties.

Contractor: Washington County:

Signature Signature

Name Name

Title Title

Date Date

Attachment A-2 Washington County Supportive Housing Services Program Standards

Washington County’s Supportive Housing Services Program (SHS) aims to build a countywide system of care to address and prevent homelessness through services and supports that lead to housing stability and equitable outcomes. The SHS program is funded through a regional ballot measure approved by voters in May 2020 and designed to provide housing and wrap-around services to effectively and permanently elevate people out of homelessness. The SHS program is administered by the County’s Department of Housing Services (DHS) in partnership with contracted service providers.

The Washington County SHS Program Standards (“Program Standards”) are contractual requirements which all SHS service delivery partners must adhere to. This document is not a standalone document and is meant to work in conjunction with the requirements in each SHS service delivery partner’s Work Order(s), which may add to, clarify, or supersede any requirements set forth in this document.

1. SHS Program Components These Program Standards apply to all contracted SHS services, which include, but are not limited to, the following service types, referred to in this document as Program Components:

▪ Outreach and engagement

▪ Shelter and transitional housing

▪ Housing navigation, placement and eviction prevention

▪ Supportive housing stabilization services

▪ Wrap-around supports

2. SHS Populations Served All SHS Program Components must serve:

▪ Population A, defined as people with extremely low incomes, and one or more disabling conditions, and who are experiencing or at imminent risk of experiencing long-term or frequent episodes of literal homelessness; and/or

▪ Population B, defined as people who are experiencing homelessness or have substantial risk of experiencing homelessness.

All SHS services must also be structured to lead with racial equity by especially meeting the needs of Black, Indigenous, Latino/a/x, Asians, Pacific Islanders, immigrants and refugees. Specific services will also be designed to meet the distinct needs of seniors, children, persons with disabilities, individuals with mental health or substance use disorders, criminal justice involved individuals, households impacted by domestic violence, youth exiting foster care, unaccompanied homeless youth, people who identify as LGBTQ+, women and people living with certain chronic health conditions.

Each SHS service delivery partner’s Work Order(s) identify the specific populations to be served within the eligible SHS populations.

3. SHS Service Geography All SHS services must be provided to people experiencing or at risk of homelessness in Washington County. Funded services must be located within the parts of the county that are inside Metro’s https://www.oregonmetro.gov/sites/default/files/2020/02/19/JurisdictionWashington_0.pdf jurisdictional boundary, however anyone who is homeless in the county is eligible for services in the program, no matter where they may sleep at night.

4. SHS Service Delivery Approaches All SHS Program Components must practice the following service delivery approaches:

▪ Racial Equity: In order to effectively address homelessness, we must acknowledge and address through our work the continuing role that structural and institutional racism play in causing homelessness among Black, Indigenous, Latino/a/x, Asian, Pacific Islander, immigrant and refugee communities, many of which are significantly overrepresented in Washington County’s homeless population as compared with their representation in the county’s overall population.

Eliminating these disparities requires that resources be targeted and services be delivered in a manner that addresses these disparities, and that individual organizations and the system of care as a whole are accountable for equitable access to services and equitable outcomes.

▪ Culturally Specific and Responsive Services: All SHS service partners are expected to deliver services in a culturally responsive manner. Culturally responsive services are respectful of, and relevant to, the beliefs, practices, culture and linguistic needs of diverse consumer/client populations and communities. Many service partners are also expected to deliver services that are culturally specific. Culturally specific services are informed by specific communities, where the majority of members/clients are reflective of that community, and use language, structures and settings familiar to the culture of the target population to create an environment of belonging and safety in which services are delivered.

▪ Housing First: Housing First programs focus on quickly moving people experiencing homelessness into permanent housing and then providing the additional supports and services each person needs and wants to stabilize in that housing. Services are never mandatory and cannot be a condition of obtaining the housing intervention. The basic underlying principle is that people are better able to move forward with their lives once the crisis of homelessness is over and they have control of their housing. Stable housing provides a platform from which people can pursue other health, economic, and personal needs and goals.

▪ Low Barrier: All SHS Program Components should prioritize equitable access to services by minimizing barriers to service entry and participation. This includes low-barrier admission policies, low-barrier documentation requirements for program eligibility (including self-reporting options), few to no programmatic prerequisites or housing readiness requirements, supportive services that are voluntary and participant-led, and an emphasis on participant choice and self-determination.

▪ Harm Reduction: As part of the low-barrier design of SHS Program Components, all contracted programs must emphasize a Harm Reduction approach. Programs utilizing a Harm Reduction approach do not terminate assistance based solely on a person’s inability to achieve sobriety or because of medication non-compliance. Instead, services focus on assisting the person to reduce the negative consequences of their behaviors, while at the same time assisting them to move into, and stabilize in, permanent housing.

▪ Trauma Informed Care: All SHS Program Components must incorporate Trauma Informed Care practices into their program design and delivery of services, and providers must develop policies and procedures for training staff on Trauma Informed Care practices. Trauma Informed Care is defined as: an organizational structure and treatment framework that involves understanding, recognizing, and responding to the effects of all types of trauma.