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HomeMy WebLinkAboutAgreements/Contracts - New Hope DV/SA (002)K19-132 Youth Homelessness Demonstration Project CF DA #14.276 Subcontractor Agreement (SA) Between HopeSource (Hereinafter HOPESOURCE) And New Hope (Hereinafter NEW HOPE) This YHDP-ECUS SA is entered into as of the 1st day of October, 2019 (effective date) by and between HOPESOURCE, organized as a Washington nonprofit corporation, having its principal place of business at 700 E Mountain View Avenue, Ellensburg, WA 98926 acting as the YHDP Contractor and GRANT COUNTY NEW HOPE, a Governmental, Not for Profit entity, having its principal place of business 311 W Third Avenue, Moses Lake, WA 98837 acting as the YHDP subcontractor. Purpose of Subcontractor Agreement The goal of the Youth Homeless Demonstration Project is to develop a coordinated emergency response and permanent housing system that works effectively for our youth and young adults experiencing and at -risk of homelessness. HOPESOURCE and NEW HOPE are dedicated to impacting the four core outcomes identified by the United States Interagency Council on Homelessness: 1) stable housing; 2) permanent connections; 3) education and employment; and 4) social -emotional well- being. Through the YHDP process, we are collaboratively designing a system that will: Identify and engage youth and young adults at -risk of and experiencing homelessness; Minimize the inflow into the homeless system by intervening to prevent the loss of housing and diverting youth from the homeless system back to family and natural supports whenever possible; Provide immediate access to low -barrier shelter and crisis services; and Deliver effective housing assistance and services without preconditions that create sustainable solutions and avert cycles of recurring homelessness. The purpose of this SA is to identify the roles and responsibilities of each party as participants in the 2019 — 2021 YHDP contract in achieving the Four Core Outcomes identified above. The parties hereby agree to participate in the project as outlined in the SA. ........ ­�� .......... ......... ........ 16-111 ..... I... i .......... ............ .. .. ... . ....... . .. ... . HOPESOURCE Subcontractor Agreement with NEW HOPE YHDP 2019 CFDA #14.276 Page 1 Term of Subcontractor Agreement The term of this SA shall be effective from 10/1/2019 (effective date) through 9/31/2021 (end -date). Should this grant be renewed) automatic renewal will occur annually, unless the subcontractor does not meet performance standards at which time this agreement will be terminated under the terms and conditions of this SA. Compensation Payments will be based on reimbursable expenses for eligible services monthly upon approval of invoices and backup documentation. Compensation will follow the agreed upon annual budget. Changes to the annual budget must be approved per MHDP rules. IV. Performance Fiscal Performance HOPESOURCE is committed to offering quality services following YHDP contract rules. To align the subcontractor's performance with these objectives, performance milestones and agency responsibilities are stated below. The following milestones will be monitored to ensure performance objectives can be met: Milestone I — Fully executed subcontractor agreement by October 1, 2019 Milestone 2 — Monthly Invoice, backup documentation for October services submitted by November 15, 2019 Milestone 3 - Monthly Invoice, backup documentation for November services submitted by December 15, 2019 Milestone 4 — Monthly Invoice, backup documentation for December services submitted by January 15, 2019 Milestone - Monthly Invoice, backup documentation for January services submitted by February 15, 2019 Milestone 6 - Monthly Invoice, backup documentation for February services submitted by March 15, 2019 Milestone 7 - Monthly Invoice, backup docume�ntatlon for March services submitted by April 15, 2019 .. ........ . .......... ----------- HOPESOURCE Subcontractor Agreement vAth NEW HOPE YHDP 2019 CFDA #14.276 Page 2 Milestone 8 - Monthly Invoice, backup documentation for April services submitted by May 10, 2019 Milestone 9 - Monthly Invoice, backup documentation for May services submitted by June 10, 2019 Milestone 10 - Monthly Invoice, backup documentation for June services submitted by July 10, 2019 Milestone 11 - Monthly Invoice, backup documentation for July services submitted by August 10, 2019 Milestone 12 - Monthly Invoice, backup documentation for August services submitted by September 10, 2019 Milestone 13 - Monthly Invoice, backup documentation for September services submitted by October 10, 2019 Milestone 14 — Performance will be reviewed annually to using data collected through CE to determine the re -allocation of funds through the Region as needed. Program Performance Execute program to achieve all Performance Measures and program deliverables applicable to Programs defined in Section V1 as required by the YHDP Program Grant and Performance Measures defined in the Grant Agreement. Milestonel — Fifteen percent (15%) of the budgeted funds must be utilized by the end of the 1 grant quarter, December 31, 2019. Performance will be reviewed Regionally for possible redistribution of funds. Milestone 2 - Forty Percent (40%) of the budgeted funds must be utilized by the end of the second grant quarter, March 31, 2020. Performance will be reviewed Regionally for possible redistribution of funds. Milestone 3 — Seventy Percent (70%) of the budgeted funds must be utilized by the end of the third grant quarter, June 30, 2020. Performance will be reviewed Regionally for possible redistribution of funds. Milestone 4 — Five (5) clients are required to be enrolled by the end of the first grant quarter, Dec 31, 2019. Grey Region reserves the right to subtract the value of each client (value of grant/number of clients) not meeting the minimum requirement. Milestone 5 — Twenty (20) clients are required to be enrolled by the end of the second grant quarter, March 31, 2020. Grey Region reserves the right to subtract the ................ . . . .... ........ ...... .... . ................­* ............. * .............................. ** ...... HOPESOURCE Subcontractor Agreement with NEW HOPE YHDP 2019 CFDA #14.276 Page 3 value of each client (value of grant/number of clients) not meeting the minimum requirement. Milestone 6 — Thirty (30)clients are required to be enrolled by the end of the third grant quarter, June 30, 2020. Grey Region reserves the right to subtract the value of each client (value of grant/number of clients) not meeting the minimum requirement. Milestone 7 - Fifty (50) clients are required to be served in the grant year. Milestone 8 — Performance gill be reviewed annually by the Grey Region Regional Leadership Team, including the Youth For Youth Advisory Group, using data collected through the Regional Coordinated Entry System to determine the re- allocation of clients and funds to regional partners as required to meet the needs on the youth homeless population. If there are concerns with subcontractor performance the following steps will occur: 1. A written notice of performance shortfalls will be issued to the subcontractor with a corrective action plan requested. 2. If failure to meet objectives is still a concern after implementation of a corrective action plan a meeting with the Administrators of the subcontracting agency will be required. 3. Final action may be the termination of this SA and discontinuation of payment. V. HOPESOURCE Responsibilities 1. Oversight of grant compliance and deliverables 2. Provide and administer the Regional Youth Services Coordinated Entry System for use in the four -county region for the MHDP Program. 3. Utilize the HUD Homeless Management Information System (HMIS) and input required data elements for tracking client entry, exit, and services. 4. Provide guidance and technical assistance regarding the systems and services best suited to enable partners to meet contract objectives. 5. Coordinate regular meetings as needed 6. Provide monthly and quarterly reporting structure 7. Tracking and reporting of subcontractors progress towards milestones 8. Review subcontractor's invoices for completeness. 9. Provide assistance to support NEW HOPE in providing services following all I contractual requirements of the MHDP grant 10. Make a payment on subcontractor invoices, within 10 days of receipt of a complete invoice. 11. Retain all MHDP grant client files, client lists and supporting back up documentation for return to the YHDP Program Office if required by the grant. 12. Collect all equipment purchased by the MHDP grant for return to the 'TDP Program Office if required by the grant. ..................... .... ..... ........... I- ...... ...... ... - - ------- -------------------- - ....... .................. . .............. HOPESOURCE Subcontractor Agreement with NEW HOPE MHDP 2019 CFDA #14.276 Page 4 V1. NEW HOPE Responsibilities 1. Implement a plan to impact the four core outcomes identified by the United States Interagency Council on Homelessness. 2. Operate the YHDP Supportive Services Only Project providing outreach and supportive services to youth ages 12 -24 in the Grant/Adams County area as outlined in the YHDP Program Guide and in accordance with HUD's CoC Program Interim Rule ® Subpart D "Program Components and Eligible Costs" and 578.37 "Program Components and Uses of Assistance" and 578.53 "Supportive Services". 3. Maintain sufficient staff to provide services to a minimum of Twenty (20) homeless or at -risk youth ages 12 — 24. 4. Submit timely quarterly reports for quarterly expenditures with all backup documentation as required by the grant, 5. Attend all YHDP webinars, and phone conferences to remain up to date with YHDP updates. 6. Implement new program guide updates as/when they are released and include in the NEW HOPENHDP program guide and document how updates are being implemented into daily process. 7. Required to self -monitor program, process, and procedures to ensure proper and consistent operation of the program. 8. Submit quarterly financial reports, narrative reports and Success Stories as required by the grant. 9. Utilize the Regional Youth Services. Coordinated Entry System to capture initial client information and services following established processes and procedures specified in the "YHDP Care Coordination Portal User Guide" and "YHDP Coordinated Entry Contact Procedure Guide". 10. Utilize the HUD Homeless Management Information System (HMIs), (or provide sufficient data elements to HopeSource to complete data entry) for tracking of client entry, exit, and services maintaining a data error rate of less than Fifteen Percent (15%) 11. Share ideas, successes, and challenges openly with other partners, while maintaining client confidentiality. 12. Maintain current contact information (name, phone, email) for subcontractor staff supporting the project. 13. Notify HOPESOURCE regarding changes in agency Leadership or YHDP Program staff. 14. Return all client files, client lists and supporting back up documentation to HopeSouce upon the termination of this Subcontractor Agreement or cessation of services under the YHDP grant for return to the YHDP Program Office if required by the grant. 15. Return all equipment purchased by a subcontractor with the YHDP grant in good condition and working order for a return to the YHDP Program Office if required by the grant. ------------- 18: B 818 HOPESOURCE Subcontractor Agreement with NEW HOPE YHDP 2019 CFDA #14.276 Page 5 vii. Confidentiality and Nondisclosure HOPESOURCE and NEW HOPE respect the privacy of all clients. Personal information collected, used, or acquired in connection with providing emergency or homeless housing services is only used for those programs. HOPESOURCE and NEW HOPE will not release, divulge, publish, transfer, sell or otherwise make known to unauthorized persons the information without the express written consent of the client or as provided by law. Personal information includes any information that identifies an individual's health, education, business, use or receipt of governmental services, names, addresses, age, telephone numbers, social security numbers, driver's license numbers and finances including financial profiles, credit card numbers or other identifying numbers. NEW HOPE acknowledges and agrees to secure the confidentiality of the program participant's information during the intake process through the use of NEW HOPE's standard forms (Release of Confidential Information, Notice of Right to Confidentiality -Informed Consent, and Client Statement of Understanding). viii. Site Visits - Monitoring The grantor and HOPESOURCE, through authorized representatives, have the right, at all reasonable times, to make site visits to review project accomplishments and provide technical assistance as may be required, If any site visit is made by the grantor or HOPESOURCE on the premises of the subcontractor, the subcontractor shall provide all reasonable facilities and assistance for the safety and convenience of the government representatives in the performance of their duties. All site visits and evaluations shall be performed in such a manner that will not unduly interfere with or delay the work. HOPESOURCE will conduct a risk assessment at a minimum of once every two years. Based on an initial risk assessment, HOPESOURCE will submit a Subcontractor monitoring plan and schedule to the subcontractor and grantor. Monitoring may consist of on-site or remote techniques and will be individualized based on the results of the risk assessment according to HOPESOURCE monitoring policies and/or procedures. Grantor reserves the right to require HOPESOURCE to undertake special reviews when an audit or other emerging issue demands prompt intervention and/or investigation. lX. Modification of Subcontractor Agreement This SA may be modified at any time by mutual agreement of both parties. Such modifications shall not be binding upon either party unless they are in writing and signed by personnel authorized to bind each of the parties. ... . . ...... ...................... HOPESOURCE Subcontractor Agreement with NEW HOPE MHDP 2019 CFDA #14,276 Page 6 X. Termination of Subcontractor Agreement Either party may terminate this SA upon 30 days prior written notifications to the other party. If this SA is terminated, the parties shall be liable only for the performance rendered under the terms of this subcontract before the effective date of termination. If the Balance of State Continuum of Care should terminate this contract with HOPESOURCE this subcontract will be terminated at the same time. X1. Indemnity Each party hereby agrees to indemnify and hold the other party harmless from any damage, liability, claim, fine or other obligations that may arise due to the negligence or willful misconduct of the indemnifying party or any of their principles, employees, agents, subcontractors, or independent contractors and, NEW HOPE agrees to maintain a Certificate of Liability Insurance listing HopeSource as additionally insured, as it relates to the performance of this agreement. X11. Retention and Access Requirements for Records The Recipients must maintain financial records, supporting documents, and all other records pertinent to an award for three years from the date of submission of the final expenditure report. The only exceptions are the following: a) If any litigation, claim, or audit is started before the expiration of the three years, the records must be retained until all litigation, claims, or audit findings involving the records have been resolved and final action is taken. b) Records for real property and equipment acquired with Federal funds must be retained for three years after final disposition. c) When records are transferred to or maintained by HUD, the three-year retention requirement does not apply to the Recipient. X111. Timely and Unrestricted Access HUD, the inspector General, Comptroller General, or any of their duly authorized representatives have the right of timely and unrestricted access to any books, documents, papers, or other records of recipients and sub - recipients that are pertinent to the award, in order to make audits, examinations, excerpts, transcripts, and copies of such documents. This right also includes timely and reasonable access to a recipient's and sub -recipients personnel for interview and discussion related to such documents. The rights of access in this paragraph are not limited to the required retention period but must last as long as records are retained, NEW HOPE agrees to federally required restrictions on lobbying, HOPESOURCE agrees not to place any restrictions on sub -recipients that limit HOPESOURCE Subcontractor Agreement with NEW HOPE YHDP 2019 CFDA #14.276 Page 7 the right or ability of the sub -recipients of their agents to contact or otherwise conduct business with the federal government. XIV. HUD has a toll-free number for collecting information concerning fraud, waste, or abuse under grants and cooperative agreements. Such reports are treated as sensitive material and submitters may decline to give their names if they choose to remain anonymous. XV. Federal Debt Status You may not be delinquent in the repayment of any federal debt. Examples of relevant debt include delinquent payroll or other taxes, audit disallowances, and benefits that were overpaid (COMB Circular A-129). XVL Flowdown Requlrem*ents You must execute your project (e.g., productions, workshops, programs, etc.) in accordance with the following laws, where applicable. a) Title V11 of the Civil Rights Act of 1964, as amended, provides that no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied benefits of, or be subject to discrimination under any program or activity receiving Federal financial assistance. Title VI also extends protection to persons with limited English proficiency. (42 U.S.C. 2000d et seq.) b) Title IX of the Education Amendments of 1972 provides that no person in the United States shall, on the basis of sex or blindness, be excluded from participation in, be denied benefits of, or be subject to discrimination under any education program or activity receiving Federal financial assistance. (20 U.S.C. Sec. 1681 and Sec. 1684 et seq.) c) Section 504 of the Rehabilitation Act of 1973 provides that no otherwise qualified individual with a disability in the United States, shall, solely by reason of his/her disability, be excluded from participation in, be denied benefits of, or subject to discrimination under any program or activity receiving Federal financial assistance. (290 U.S.C. Sec. 794) d) The Age Discrimination Act of 1975 provides that no person in the United States shall, on the basis of age, be excluded from participation in, be denied benefits of, or be subject to discrimination under any program or activity receiving Federal financial assistance. (42 U.S.C. Sec. 6101 et seq.) e) The Americans with Disabilities Act of 1990 (ADA) prohibits discrimination on the basis of disability in employment (Title 1), state and local government services (Title 11), places of public accommodation and commercial facilities (Title 111).. (42 U.S.C. Sections 12101-12213) XVIL Debarment and Suspension. You must comply with requirements regarding debarment and suspension in Subpart C of 2 CFR part 180. - ---------- - --- - ------- M: ----- ----- ------------------ 100. ...... ................. H PESOURCE Subcontractor Agreement with NEW HOPE YHDP 2019 CFDA #14.276 Page 8 There are circumstances under which we may receive information concerning your fitness to carry out a project and administer Federal funds; for instance: a) Conviction of, or civil judgment for, the commission of fraud, embezzlement, theft, forgery, making false statements; b) Any other offense indicating a lack of business integrity or business honesty that seriously and directly affects your present responsibility; and/or c) Any other cause of so serious or compelling a nature that it affects an organization's present responsibility. In these circumstances,, we may need to act quickly to protect the interest of the government by suspending your funding while we undertake an investigation of the specific facts. We may coordinate our suspension actions with other Federal agencies that have an interest in our findings. A suspension may result in your debarment from receiving Federal funding government -wide for up to three years. XV111. The Drug -Free Workplace Act requires you to publish a statement about your drug-free workplace policy. You must give a copy of this statement to each employee (including consultants and temporary personnel) who will be involved in award -supported activities at any site where these activities will be carried out. You must maintain on file the place(s) where work is being performed under this award (i.e. street address, city, state and zip code.) You must notify the Program Office of any employee convicted of a violation of a criminal drug statute that occurs in the workplace. (41 U.S.C. Sec 8102 et Sec. and 45 CFR Part 1155) XIX Lobbying. You may not conduct political lobbying, as defined in the statutes, regulations and OMB Circulars listed below, within your Federally -supported project. In addition, you may not use Federal funds for lobbying specifically to obtain awards. For definitions and other information on these restrictions, refer to the following a) "No part of the money appropriated by any enactment of Congress shall, in the absence of express authorization by Congress, be used directly or indirectly to pay for any personal service, advertisement, telegram, telephone, letter, printed or written matter, or other device, intended or designated to influence in any manner a Member of Congress, a jurisdiction, or an offical of any government, to favor, adopt, or oppose, by vote or otherwise, any legislation, law, ratification, policy, or appropraition, whether before or after the introduction of any bill, measure, or resolution proposing such legislation, law, ratification, policy, or appropriation; but this shall not prevent officers or employees of the United States or of its departments or agencies from communicating to any such Member or official, at his request, or to Congress or such official, through the proper official channels, request for any legislation, law, ratification, policy, or appropriations which they deem necessary for the efficient conduct of the public business, or from making any HOPESOURCE Subcontractor Agreement with NEW HOPE .................. YHDP 2019 CFDA #14.276 Page 9 communication whose prohibition by this section might, in the opinion of the Attorney General, violate the Constitution or interfere with the conduct of foreign policy, counter -intelligence, intelligence, or national security activities. (18 USC 1913. Lobbying with appropriated money). b) 2 CFR Part 200.450- "Lobbying" Regulation clarifies that lobbying is an unallowable project cost. The regulation generally defines lobbying as conduct intended to influence the outcome of elections or to influence elected officials regarding pending legislation, either directly or through specific lobbying appeals to the public. c) Certification Regarding Lobbying to Obtain Awards. Section 319 of Public Law 101-121, codified at 31 U.S.C. Sec. 1352, prohibits the use of Federal funds in lobbying members and employees of Congress, as well as employees of Federal agencies, with respect to the award or amendment of any Federal grant, cooperative agreement, contract, or loan. While non - Federal funds may be used for such activities, t..h,ey may not be ipplgd,ed in your project budget, and their use must be disclosed to the awarding Federal agency. Disclosure of lobbying activities by long-term employees (employed or expected to be employed for more than 130 days) is, however, not required. In addition, the law exempts from the definition of lobbying certain professional and technical services by applicants and awardees XX. Trafficking in Persons This government -wide award term implements Section 106 (g) of the Trafficking Victims Protection Act (T 'PA) of 2000, as amended (22 U.S.C. 7104), located at 2 CFR Part 175. Under the statutory requirement, in each agency award under which funding is provided to a private entity, section 106(g) of the TVPA, as amended, requires the agency to include a condition that authorizes the agency to terminate the award, without penalty, if the recipient or sub -recipients - a) Engages in severe forms of trafficking in persons during the period that the award is in effect; b) Procures a commercial sex act during the period that the award is in effect; or c) Uses forced labor in the performance of the award or sub -awards under the award. Full text of the award term is provided at 2 CFR Part 175.a5. I. Conflict of Interest and Kickbacks The subcontractor or parties doing business on behalf of the subcontractor shall not use or give the appearance of using, their positions for personal gain of themselves or those with whom they have family, business or other ties. Subcontractor shall not have or acquire any interest, direct or indirect, which would conflict with the performance of services under this SA. Subcontractors shall not employ or subcontract with any persons who have conflicts of interest. Subcontractors are prohibited from inducing, by any means, any employee or subcontractor to give up .............. ......... .02 .......... H . OPESOURCE Subcontractor Agreement with NEW HOPE YHDP 2019 CFDA #14.276 Page 10 any part of the compensation to which they are otherwise entitled. (See Anti -Kickback Act, 18 U.S.C. 874). XXIL Miscellaneous Provisions N.*. Each party shall have mutual authorization to identify each other as participants in the Project in external communications, which shall include a running list of providers participating in the Project on YHDP's external website. 2. t ertals.4.: ". Any materials or curriculum are the property of the YHDP program and to be shared with all partners for the good of the project. 3. Ack'n oWliad*q* m. io ht., . All publications, press announcements, posters, oral presentations at meetings, seminars, and any other information -dissemination format that is related to this project must acknowledge the Grey Region partnership. 4. Ele-ctronic.-ContLi. 'I parties agree that if this SA is transmitted fin The electronically neither party shall contest the validity of the SA or acknowledge thereof, based on this SA or acknowledgment contains an electronic signature. XXIII. Instructions for Subcontractor Agreement and attachments Subcontractor shall complete and return the following via email to Susan Grindle at J s'I Sout-ce.Us'. 6'�D .6i)e-"' kgd..nn ....... . 1. Subcontractor Agreement reviewed and signed 2. Attachment A — Agency's confidentiality policy 3, Attachment C — completed W-9 4. Attachment D — Proof of Insurance narni . ng HOPESOURCE as additionally insured 5. Attachment E — P1 Budget XXIV, Contacts Contact Person for HOPESOURCE, Name.; Susan Grindle Address: 709.E. Mountain View Avenue Ellensburg, WA 98926 Teler)hone:(,509 925-1448 F�x.92Z &-42.04 .. Email: skg rind le@hopesou rce. us NEW HOPE Contact: Name: Suzi Fode Address: 311 W Third Avenue Moses Lake, WA 98837 - n Te'--le-0'11-0 a- 764-8402- Fax: A -IF 4 ,( 6' Email: sfode@grantcountywa.gov 81 ...... N1011011" ' 1,2111: 80 IN Is I; . .................. ............... HOPESOURCE Subcontractor Agreement with NEW HOPE 'HDP 2019 CFDA #14.276 Page 11 XXV. Complete Agreement: This Service Agreement expresses the parties' complete agreement and understanding. No other terms or conditions, whether oral or in writing, shall be considered a part of the parties' agreement. The parties authorized representatives hereby execute this subcontract and agree to abide by the terms and conditions outlined in this subcontract as well as the 'MHDP 2019 - 2021 Grant Agreement HOPESOURCE GRANT COUNTY, dba NEW HOPE By: By: ell lot (signature) da (signature) (date) Susan K Grindle, CEO Tom Taylor, BOCC Chair Board of Grant County Commissioners HOPESOURCE Subcontractor Agreement with NEW HOPE YTP 2019 CFD. #14.276 Page 12 :::::......:.:... ..._ .. :: is �.:...::.:. ., ..... ,_ -: .: :: .�::.. .. ... .. .... .: :i, .'" :i :' ..: ...I. .. . . ..............t... . .......... .n. ..t�.......... ... �:ii:: ii::?.: .... _ t v..�.. .. .�v....... .. n . ♦ .. .t. ... .. .... .......... ..r.. � . ................... ............ ..............,.... ....: .. ...... ... ;.,.n ................ ::»:::w:�.v-.Nn'::.�.::.�..:•: :......:: n;v.�:: ��: .:.�.".•�!:.i:4�i:.:�-:i :.:i: �i=.�: ��. ........... .... ..�' . v� ♦ 1 ...� : a.... ... .. .... ..::.�n•.::...:•%.�::.v'..i.f•v:._.v:::.:i:v:+..:gin+{:��YiO.�ii'ii' i:::i�i �vL "�.i�'i:::" > ....... �..:.::::::... �. �:.:. ..:. i i '. <.;; :;•. :..: n::.:: �::. �.- ...