21-183.00 Spokane County: HCDAC Homeless Outreach Grant 21- 1 d�
AGREEMENT BETWEEN
SPOKANE COUNTY AND IN CONJUNCTION WITH GRANT
1.Grantee 2.Contract Amount 3.Tax ID# REDACTED
City of Spokane Valley $100,000
10210 East Sprague Ave 4.DUNS# 168240617
Spokane Valley,WA 99206
6.County's Representative
5.Grantee Representative Spokane County Community Services,Housing,and Community
Development
Mark Calhoun Tim Crowley
10210 East Sprague Community Development Specialist 3
Spokane Valley 1116 West Broadway
Phone Number:(509)720-5100 Spokane,WA 99260
7.Grantee ID 8.2020 Homeless Housing Assistance Act 9.Start Date 10.End Date
#HHAA 22-25095 (HHAA) 01/01/2022 12/31/22
11.Funding Source
❑ Federal D State® Local
14.Contractor Type:
13.Contractor Selection Process: (check all that apply)
(check all that apply or qualify) DPrivate Organization/Individual
®Sole Source ❑Public Organization/Jurisdiction
❑A/E Services ['VENDOR
DCompetitive Bidding ®Municipality/local government
['Grantee❑Pre-approved by Funder
DNon-Profit
❑For-Profit
15.Grant Purpose:Outreach
16. COUNTY and the Grantee,as identified above,acknowledge and accept the terms of this Agreement and attachments
and have executed this Agreement the date below to start as of the date and year referenced above.The rights and obligations
of both parties to this Agreement are governed by this Agreement and the following other documents incorporated by reference:
Exhibit"A"-Scope of Work
FOR THE Grantee: FOR COUNTY:
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Signature D Signature Date
//a-R
Name C.,
Name
Title ` Title
This document contains confidential tax information and
has been redacted pursuant to RCW 82.32.330.
HHAA 22-25095 COSV Outreach Contract Agreem You may petition for a review of our findings pertaining to any
Page 1 of 17 redacted or withheld documents pursuant to Spokane Valley
Municipal Code (SVMC) 2.75.080; and obtain judicial review
pursuant to RCW 42.56.550.
HOMELESS HOUSING ASSISTANCE ACT (HHAA)
GRANT AGREEMENT
(Non-Profit Entity)
Project Number HHAA 22-25095
This Grant agreement hereinafter referred to as the "Agreement", is executed by SPOKANE
COUNTY, a political subdivision of the State of Washington, through its COMMUNITY
SERVICES, HOUSING, AND COMMUNITY DEVELOPMENT DEPARTMENT (CSHCD),
hereinafter referred to as the County and CITY OF SPOKANE VALLEY, a Washington
municipality, whose address is 10210 East Sprague Spokane Valley, WA 99206, hereinafter
referred to as the "Grantee", and together referred to as the "Parties".
IN CONSIDERATION OF PROMISES MADE HEREIN AND THE MUTUAL BENEFIT
DERIVED THEREFROM BY THE PARTIES MUTUALLY AGREE AS FOLLOWS:
1. PURPOSE
1.1. The purpose of this Agreement is the funding and completion of the project(s)
identified as the Street Outreach, hereinafter referred to as the "Project", which is
a locally funded project through the Spokane County Homeless Housing
Assistance Act (HHAA), hereinafter referred to as "HHAA", as a result of
document recording fees collected in accordance with the Revised Code of
Washington (RCW) 36.22.179 and RCW 36.22.1791.
1.2. HHAA funds will provide for approximately One Hundred percent (100%) of the
Total Project Cost, not to exceed One Hundred Thousand Dollars ($100,000.00),
as identified in the budget pursuant to the terms of this Agreement. Only funds
for the reimbursement of actual allowable costs will be disbursed to the Grantee.
Any funds allocated for the Project remaining after reimbursement to Grantee of
all actual allowable costs pursuant to this Agreement shall be retained by the
County.
2. AGREEMENT AND EXHIBITS
2.1. This Agreement shall consist of this Grant Agreement, Scope of Work (Exhibit A)
are referred to herein. Any exhibits, attachments or addenda referred to herein
and/or attached to this Agreement and any Amendments hereto, are
incorporated herein as if set forth in full.
3. PERIOD OF PERFORMANCE
3.1. Contingent on the receipt of a notice to proceed from the County, this Agreement
shall be effective January 1, 2022 and shall be completed no later than
December 31, 2022 hereinafter referred to as the Project Period.
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3.2. If for any other reason the effective beginning date of this Agreement is delayed,
funding of this Agreement shall be delayed until a notice to proceed from the
County is received by the Grantee. The Grantee may not rely upon the County
for payment of nor shall the County be obligated to reimburse the Grantee as a
result of such delay in the availability of funds, for any costs incurred or written or
oral commitments made by the Grantee prior to receipt of the notice to proceed
from the County.
3.3. Except as stated herein, the Project Period may be changed only by amendment
to this Agreement executed no less than forty-five (45) days in advance of the
expiration date of this Agreement, acceptance of which amendment shall be
within the sole discretion of the County.
4. SCOPE OF SERVICES
4.1. The Grantee will plan, administer and implement the Project as described in the
Grantee's the Scope of Work. The Grantee shall adhere to the agreed upon
budgets, schedules, and commitments.
5. FUNDING
5.1. Funding Sources: Funding sources under this Agreement are as follows:
Spokane County Local HHAA Funds (RCW 36.22.179 & 36.22.1791)
$100,000.00
5.2. Maximum Funding: Total maximum funding under this Agreement is One
Hundred Thousand Dollars and No Cents ($100,000.00).
5.3. Requests for Reimbursement:
5.3.1. The Grantee shall submit requests for reimbursement of actual allowable
costs incurred by the Grantee in performance of this Agreement and in
accordance with the attached Scope of Work which includes an agreed
upon budget (Exhibit A). Requests for reimbursement must be
accompanied by documentation. Documentation must be uploaded into
Neighborly Software to substantiate eligibility of costs for which
reimbursement is requested. Request shall be made through the
Neighborly Software Draw Request Portal. The Grantee shall submit the
final requests for reimbursement not later than thirty (30) days after this
expiration of the close of the Project period. The final request for
reimbursement shall provide a reconciliation of actual revenue and
expenses for the entire period of this Agreement.
5.3.2. Costs incurred prior to the effective date of or after the expiration date of
this Agreement, ineligible costs, or unallowable costs, will not be
reimbursed by the County, unless previously approved by the County and
subject to this Agreement being signed by all parties.
5.3.3. Only those budget line items that appear in the Scope of Work budget will
be considered for reimbursement,
5.3.4. Change(s) to the budget shall only be allowed through an Amendment,
approved by the County.
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5.3.5. All funds obligated or committed by the Grantee to contractors, suppliers,
etc. during the Project Period must be expended on or before January 1,
2022. It is anticipated and expected that the Grantee will make every
effort to expend all grant funds in a timely manner. HHAA funds, which
are not expended by December 31, 2022, shall be returned to the County.
5.4. Budgeting:
5.4.1. RCWs 36.22.179, 36.22.1791 shall apply to the Agreement and to all
funds disbursed hereunder. Except as noted in the Agreement, costs are
reimbursable under Washington State Budgeting Accounting Reporting
System (BARS), including all supplements and revisions thereto,
prescribed by the Washington State Auditor's Office.
5.5. Administrative Costs:
5.5.1. Administrative costs for the performance of the Agreement shall not
exceed the amount identified in the Scope of Work Budget. As used in
this Agreement, administrative costs shall be defined as: Costs for
general operation of direct service agencies in support of the Project and
include the cost for Project administration, activities performed for Project
management purposes, accounting, record keeping, general clerical
support, activities of the Board of Directors, and similar costs
5.6. Recovery of Overpayment to Grantee:
5.6.1. When the Grantee, the County, or any other state or federal agency
determines that the Grantee has received payments under this
Agreement in excess of reimbursement described in the reimbursement
subsection of this Agreement, or otherwise not in conformity with the
Agreement, the County shall recoup those payments, together with
interest, from what would otherwise be the County's liability under this
Agreement. If the Grantee receives a notice of overpayment, which the
County shall be required to timely provide, the Grantee may protest the
overpayment determination pursuant to the Dispute Resolution Section of
this Agreement. Failure to invoke said section within fifteen (15) days of
receipt of a notice of overpayment will result in an overpayment debt
against the Grantee.
5.7. Fiscal Management:
5.7.1. The Grantee shall establish and maintain a system of accounting and
internal controls that comply with generally accepted accounting
principles and all federal, state, and local accounting principles and
governmental accounting and financial reporting standards that are
applicable to federal, state and/or local grants, awards, and/or contracts.
5.7.1.1 Grantee shall establish written Accounting and Internal Control
Policies and Procedures, including cost allocation plan and
supporting documentation used to arrive at rate/costs if applicable.
5.7.2. The Grantee shall ensure that the Project is managed in the most cost
effective and efficient manner possible.
5.7.3. The Grantee's financial management system at a minimum shall:
5.7.3.1. Be a viable, single organizational entity capable of effective and
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efficient processing of all of the fiscal matters, including proof of
adequate protection against insolvency.
5.7.3.2. Have the ability to pay for all expenses incurred during the
Agreement period, including services that have been provided
under the Agreement but paid after the Project period.
5.7.3.3. Include source documentation in support of allowable actual costs
necessary to indicate costs incurred by the Grantee directly
relating to the cost identified in the Budget.
5.8. Audit Requirements:
5.8.1. At a minimum, the Grantee is required to obtain an independent Financial
Review every year. If the Grantee receives more than One Hundred
Thousand Dollars ($100,000.00), from CSHCD, the Grantee shall have
an annual independent Fiscal Audit conducted of its financial statement
and condition, regarding the performance of the agreement, readily
delineating CSHCD funds. The purpose of an independent audit shall be
for CSHCD to reasonably assure the financial stability of its Grantees,
and that each Grantee shall establish and maintain an adequate system
of internal controls to ensure the efficient, proper processing of, and use
of contract funds.
5.8.2. The Grantee shall submit its audit report, including any "Management
Letter" and/or all other correspondences referred to in the audit report,
along with the Grantee's response to the audit and corrective action plan,
if any, no later than six (6) months after the end of the Grantee's fiscal
year. The Grantee hereby consents to CSHCD's review of the
independent auditors working papers, upon request by CSHCD.
5.8.3. Failure to engage auditors and provide proof of such engagement shall
be considered contractual non-performance and can result in corrective
action and withholding of payment.
5.8.4. If, under separate agreement, the Grantee is required to provide a 2 CFR
Part 200 audit, annual independent audit, that at a minimum meet the
requirements of the Agreement, then compliance with the other separate
agreement will also serve as compliance with the Agreement, provided
that said audit is forwarded to CSHCD.
5.9. Single Audit Act Compliance. If the Grantee is a sub recipient and expends
Seven Hundred Fifty Thousand Dollars ($750,000.00) or more in federal awards
from all sources in any fiscal year, the Grantee shall procure and pay for a single
audit or program-specific audit for that fiscal year. Upon completion of each
audit, the Grantee shall submit its audit report, including any "Management
Letter" and/or other correspondences referred to in the audit report, along with
the Grantee's response to the audit and corrective action plan, if any, no later
than sic (6) months after the end of the Grantee's fiscal year. The Grantee
hereby consents to CSHCD review of the independent auditor's working papers,
upon request by CHSCD.
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6. FRAUD AND ABUSE
6.1. Fraud and Abuse. Fraud means an intentional deception or misrepresentation
made by a person with the knowledge that the deception could result in some
unauthorized benefit to himself or some other person and includes any act that
constitutes fraud under applicable federal or state law. Abuse means provider
actions that are inconsistent with sound fiscal, business, or medical practices and
result in, or in reimbursement for services that are not necessary or that fail to
meet professionally recognized standards.
6.1.1 The Grantee's, Fraud and Abuse policy shall have procedures for the
following requirements:
6.1.2 Provision of detailed information, ongoing training, and education to
employees and subcontractors regarding fraud and abuse policies and
procedures and the False Claims Act as identified in Section 1902(a) (68) of
the Social Security Act including information regarding the rights of
employees to be protected as whistleblowers;
6.1.2.1 Written policies, procedures, and standards of conduct requiring
that the Grantee and the Grantee's officers, employees, agents
and subcontractors are in compliance with the requirements of
this section and articulate the Grantee's commitment to comply
with all applicable federal and state standards;
6.1.2.2 Enforcement of standards through well-publicized disciplinary
guidelines;
6.1.2.3 Internal monitoring and auditing of the Grantee and providers;
6.1.2.4 Provisions for prompt responses to detected offenses and
development of corrective action initiatives;
6.1.2.5 Provision for full cooperation with any federal or state agency
investigation including promptly supplying all data and
information requested for their investigation;
6.1.2.6 Report fraud and/or abuse information to CSHCD within one
business day of discovery and to include the source of the
complaint, the involved individual(s), nature of the fraud or abuse
complaint, approximate dollars involved, and the legal and
administrative disposition of the case.
7. GENERAL TERMS AND CONDITIONS
7.1. Relationship:
7.1.1. The relationship of the Grantee to the County shall be that of an indepen-
dent contractor. No provision of this Agreement is intended or deemed to
create any relationship between the Parties hereto other than that of
independent entities contracting with each other solely for the purpose of
effecting the provisions of this Agreement. Neither of the Parties hereto,
nor any of their respective employees, shall be construed to be the agent,
employee, representative, joint venture, or partner of the other.
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7.1.2. The Grantee and its employees or agents will not hold themselves out as,
nor claim to be, an agent, officer or employee of the County, nor will they
claim any of the rights, privileges or benefits which might accrue to
County employees.
7.1.3. Grantee shall be responsible for all federal and/or state tax, industrial
insurance, and Social Security liability that may result from the
performance of services, and resulting compensation, for services
described herein.
7.2. Modifications and Amendments:
7.2.1. This Agreement may be amended only in writing and upon agreement by
both parties. Any proposed change(s) to the project Scope of Work
budget, location, or the number of beneficiaries served, must be
submitted in writing to the CSHCD for approval prior to incurring any
project costs or implementing any substantial project modifications. Any
such changes shall be considered a request to modify or amend this
Agreement.
7.2.2. The Grantee hereby acknowledges that this Agreement is subject to all,
applicable RCWs, and WACs. Any provision of the Agreement which
conflicts with federal and state statutes or regulations is hereby amended
to conform to the provisions of state law and regulations. Such
amendment of the Agreement will be effective on the effective date of the
statutes or regulations necessitating it and will be binding on the Parties
even though such amendment may not have been reduced to writing and
formally agreed upon and executed by the parties. The County will
provide notice of such amendment required by this paragraph when the
County is aware of them. The Grantee agrees to accept and execute any
and all amendments offered by the County needed to effectuate the,
RCW, and/or WAC.
7.3. Waivers:
7.3.1. No employee of the County or the Grantee has the power, right or
authority to waive any of the terms, conditions and/or covenants of this
Agreement.
7.3.2. The waiver of any breach or violation of any provision of this Agreement
shall not operate as or be construed to be a waiver of any subsequent
breach of the Contract.
7.3.3. The failure of the County or the Grantee to enforce any of the terms or
covenants of this Agreement or the failure to require performance under
the Agreement shall not be construed as a waiver nor in any way affect
the validity of the Agreement or the right of the County or the Grantee to
enforce each and every term of the Agreement.
7.4. Assignability:
7.4.1. The Grantee shall not assign any interest in this Agreement and shall not
transfer any interest in this Agreement to any party (whether by
assignment or novation) without prior written consent of the County. The
County may assign all or any of its interest in this Agreement as may be
deemed necessary in the sole discretion of the County.
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8. ACCESS, EXAMINATION, AUDIT, AND MONITORING
8.1. The County shall provide technical assistance to the Grantee, to the extent
practicable. The County will monitor the performance of services and evaluate
accomplishments and compliance with the terms of this Agreement throughout
the project period. Monitoring may include a visit to the project site or to the
Grantee organization, reports on monthly basis, desk monitoring, assessments,
and process/time studies. Monitoring may also include consultation with other
public funders.
8.2. The Grantee shall provide right of access to its facilities, including those of any
subcontractor, to the County, the state, and/or federal agencies or officials at all
reasonable times in order to monitor and evaluate the services provided for
herein. The County shall provide reasonable notice of any county monitoring or
evaluation, unless the County has reason to believe that monitoring without
notice is necessary. The County shall monitor the Grantee programmatically and
financially on site within the sole discretion of the County. The Grantee shall
make available to the County, the state auditor, books or pertinent information
which Grantee shall have kept pertaining to this Agreement and as required by
this Agreement, Washington law. Grantee shall also furnish such progress
reports, schedules, financial and costs reports, and other such program or fiscal
data reasonably required to evaluate the performance of this Agreement.
8.3. The Grantee shall cooperate with the County or its agent in the evaluation of
Grantee's performance under this Agreement and make available all information
reasonably required by any such evaluation process. Request for information will
be responded to within three (3) business days and followed through within ten
(10) business days. The results and records of said evaluations shall be
maintained and disclosed in accordance with RCW 42.56 and/or 5 USC 552
(Freedom of Information Act). The Grantee shall respond timely and accurately to
requests from the County to provide information necessary to respond to
inquiries from entities having authority to make such request.
8.4. The Grantee agrees to produce the County copies of any state or other formal
inspections, audits, accreditation or program reviews and provide to the County
copies of said review, including any final written plan of correction or other written
response, within thirty (30) days of receipt.
8.5. Upon termination of this Agreement, the County may conduct monitoring
requirements as outlined in Section 8 of this agreement.
9. TERMINATION AND SUSPENSION
9.1. This Agreement may be terminated or suspended in whole or in part as follows:
9.1.1 By fulfillment: The Agreement will be considered to be terminated upon
fulfillment of its terms and conditions;
9.1.2 By mutual consent: The Agreement may be terminated or suspended, in whole
or in part, at any time, if both Parties consent to such termination or
suspension. The conditions of the suspension or termination shall be
documented in a written amendment to this Agreement; or
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9.1.3 For Cause: In accordance with 24 CFR 200.338-9 the County may terminate or
suspend this Agreement immediately, if the Grantee materially fails to
comply with any terms of this Agreement, which include (but are not
limited to) the following:
9.1.3.1 Failure to comply with any of the rules, regulations or provisions
referred to herein, or such statutes, regulations, executive
orders, and HUD guidelines, policies or directives as may
become applicable at any time;
9.1.3.2 Failure, for any reason, of Grantee to fulfill in a timely and
proper manner its obligations under this Agreement;
9.1.3.3 Ineffective or improper use of funds provided under this
Agreement; or
9.1.3.4 Submission by Grantee to County reports that are incorrect or
incomplete in any material respect.
9.1.4 For Convenience: In accordance with 24 CFR 200.339, this Agreement
may also be terminated by providing the required thirty (30) day
termination for convenience notice by either the County or Grantee, in
whole or in part, by setting forth the reasons for such termination, the
effective date, and in the case of partial termination, the portion of the
Agreement to be terminated. However, if in the case of a partial
termination, the County determines that the remaining portion of the
award will not accomplish the purpose for which the award was made; the
County may terminate the award in its entirety and cancel any payments
in progress as deemed appropriate by the County. The parties shall not
incur new obligations for the terminated portion after the effective date
and shall cancel as many outstanding obligations as possible.
9.1.5 Grounds for Suspension: Improper or illegal use of funds will result in
immediate suspension and/or termination within the County's sole
discretion. Suspension and/or termination in this case may be initiated by
telephone or personal contact with a written confirmation to Grantee
within five (5) business days. The confirmation of suspension and/or
termination to Grantee shall specify the reasons for suspension and/or
termination and notify the Grantee of the County's future course of action
regarding the improper or illegal action.
9.1.6 Illegal or improper mishandling of funds or conduct which endangers,
discriminates against, or otherwise subjects project beneficiaries to harm,
may also result in a report of the conduct to appropriate legal authorities.
9.1.7 The suspended Grantee may not enter into any subsequent Grantee
Agreement with the County (even for another project or different year's
HOME Investment Partnership Program or CDBG funding).
9.1.8 For other Grounds: The County reserves the right to terminate this
contract, in whole or in part, immediately upon receipt of notice to the
Grantee, in the event expected or actual funding to the County from the
Federal government or other sources is withdrawn, reduced or eliminated.
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9.2 In the event of termination, County will notify the Grantee in writing of its
determination to terminate, the reason for such termination, and the effective
date of the termination.
9.2.3 Upon termination, an accounting shall be done to determine what, if any,
payments are due to the Grantee or what, if any, refund is due from the
Grantee.
9.2.4 Actions by either party under this Article shall not constitute a waiver of
any right or claim by either party arising from this Agreement.
10. DISPUTE RESOLUTION
10.1. The Grantee and the County shall work together in good faith to resolve any
disputes about their contractual relationship under this Agreement. If the Parties
are unable to resolve a dispute arising from this Agreement within fifteen (15)
days following the date one Party sends written notice of the dispute to the other
Party, the dispute may be submitted by either party to the Director of the CSHCD
("Director").
10.2. The Director's decision shall be made within ten (10) business days of receipt of
the dispute, unless circumstances warrant a reasonable delay in said response.
10.3. Either party shall have the right to pursue relief in a court of competent
jurisdiction, if the Director does not resolve the dispute to their satisfaction. The
Parties may mutually agree to resolve the dispute through an alternative dispute
resolution mechanism, including but not limited to arbitration or mediation.
10.4. In any dispute arising in connection with this Agreement, each Party shall be
required to pay its own costs and expenses, including attorney's fees incurred in
connection therewith, in preparation therefore and on appeal therefrom and in
any bankruptcy proceeding related thereto.
11. SEVERABILITY
11.1. If any provision of this Agreement, or portion thereof, is held invalid by any court
of rightful jurisdiction, the remainder of this Agreement shall not be affected,
providing the remainder continues to conform to applicable Federal and State
law(s) and regulations and can be given effect without the invalid provision.
12. MAINTENANCE AND RETENTION OF RECORDS
12.1. The Grantee shall maintain such program records as may be required by
applicable Federal, State and County regulations, all of which are incorporated
herein by reference.
12.2. Records Maintenance:
12.2.1. Grantee shall maintain accounts and records, including personnel,
property, financial and programmatic records, and other such records as
may be reasonably required by CSHCD to ensure proper accounting for
all Contract funds and compliance with this Agreement.
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12.2.2. Fiscal books, records, documents, reports and other data shall be
maintained in a manner consistent with generally accepted accounting
principles and retained for a period prescribed by any applicable tolling or
other statue, but in no instance less than six (6) years after termination of
this Agreement.
12.2.3. Grantee shall provide a written Records Maintenance Policy and
Procedures which will cover records storage, retention, and disposition
procedures.
12.2.4. For the same period, Grantee shall maintain records sufficient to
substantiate CSHCD's statement of its organization's structure, tax
status, capabilities, and performance.
12.2.5. Grantee shall deliver to CSHCD upon request all Board of Directors
meeting minutes, and other committee or subcommittee minutes where
activity under the Agreement was discussed. Grantee shall have the right
to redact out information that does not relate to activity under this
Agreement.
12.2.6. Maintain records in a manner consistent with requirements of Title 40
RCW.
12.3. Records Retention:
12.3.1. During the term of this Agreement and for six (6) years following
termination or expiration of this Agreement. If any audit, claim, litigation,
or other legal action involving the records is started before expiration of
the six (6) year period, the records shall be retained until completion and
resolution of all issues arising there from or until the end of the six (6)
year period, whichever is later.
12.3.2. The Grantee shall maintain records sufficient to:
12.3.2.1. Document performance of all acts required by law, regulation, or
this Agreement;
12.3.2.2. Substantiate the Grantee's statement of its organization's
structure, tax status, capabilities, and performance; and
12.3.2.3. Demonstrate the accounting procedures, practices, and records
that sufficiently and properly document the Grantee's invoices to
County and all expenditures made by the Grantee to perform as
required by this Agreement.
12.3.3. Evaluations under this Agreement shall be done by inspection or other
means to measure quality, appropriateness, and timeliness of services,
and to determine whether the Grantee are providing service to individuals
in accordance with the requirements set forth in this Agreement and
applicable State regulations as existing or hereafter amended.
12.3.4. Grantee shall maintain books, records, documents, and other materials
relevant to this Agreement which sufficiently and properly reflect all
payments made.
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13. REPORTS
13.1. All reports will be submitted through Neighborly Software by the fifteenth (15th) of
each month and will contain data obtained during the preceding month, or other
indicated reporting period.
13.2. The Grantee will upload, with each request for reimbursement, a summary sheet
documenting the line item outlined in the Scope of Work Budget. Grantee shall
maintain source documentation as per 12.3 Records Retention.
13.3 Logic Model, a module within Neighborly Software, will also need to be
completed by the fifteenth (15th) of each month with each request for
reimbursement.
13.4. Accurate input and maintenance of data in an approved HMIS is a condition of
funding. Grantee is not required to provide HMIS report to County.
14. INDEMNIFICATION AND INSURANCE
14.1. Indemnification:
14.1.1. The Grantee is an independent Grantee and not the agent or employee
of the County. No liability shall attach to the County for entering into this
contract or because of any act or omission of the Grantee except as
expressly provided.
14.1.2. The Grantee agrees to defend, indemnify and hold the County harmless
from any and all claims, including but not limited to reasonable attorney
fees, demands, losses and liabilities to or by third parties arising from,
resulting from or connected with services performed or to be performed
under this contract by the Grantee, its agents or employees to the fullest
extent permitted by law. The Grantee's duty to defend, indemnify and
hold the County harmless shall not apply to liability for damages arising
out of bodily injury to persons or damage to property caused by or
resulting from the sole negligence of the County, their agents or
employees. The Grantee's duty to defend, indemnify and hold the
County harmless for liability for damages arising out of bodily injury to
persons or damage to property caused by or resulting from the
concurrent negligence or (a) the County or Consultant, their agents or
employees, and (b) Grantee, its agents or employees shall apply only to
the extent of negligence of the Grantee or its agents or employees.
Grantee's duty to defend, indemnify and hold the County harmless shall
include, as to all claims, demands, losses and liability to which it applies,
the County's personnel-related costs, reasonable attorney's fees, court
costs and all other claim-related expenses.
14.1.3. The Grantee's indemnification shall specifically include all claims for loss
liability because of wrongful payments under the Uniform Commercial
Code, or other statutory or contractual liens or rights or third parties,
including taxes, accrued or accruing as a result of this contract or work
performed or materials furnished directly or indirectly because of this
contract.
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14.1.4. Grantee further agrees that this duty to indemnify County applies
regardless of any provisions in RCW Title 51 to the contrary, including
but not limited to any immunity of Grantee for liability for injuries to
Grantee's workers and employees, and Grantee hereby waives any such
immunity for the purpose of this duty to indemnify County.
14.1.5. THE COUNTY AND THE GRANTEE ACKNOWLEDGE THAT THE
INDEMNIFICATION PROVISIONS OF THIS SECTION WERE
SPECIFICALLY NEGOTIATED AND MUTUALLY AGREED UPON BY
THEM. The Grantee's duties under this section shall survive expiration
or earlier termination of the Agreement.
14.2. Insurance:
14.2.1. The Grantee shall furnish and maintain all insurance as required herein
and comply with all limits, terms and conditions stipulated therein, at their
expense, for the duration of the contract. Following is a list of
requirements for this contract. Any exclusion that may restrict required
coverage must be pre-approved by the Spokane County Risk
Management Department. Work under this contract shall not commence
until evidence of all required insurance, policy endorsement and bonding
are provided to the County of Spokane. The Grantee's insurer shall have
a minimum A.M. Best's rating of A- and shall be licensed to do business
in the State of Washington. Evidence of such insurance shall consist of a
completed copy of the certificate of insurance, signed by the insurance
agent for the Grantee and returned to the Spokane County Purchasing
Department. The insurance policy or policies will not be canceled,
materially changed or altered without forty-five (45) days prior notice
submitted to the department with whom the contract is executed. The
policy shall be endorsed, and the certificate shall reflect that the County
of Spokane is an additional named insured on the Grantee's general
liability policy with respect to activities under the contract. The policy
shall provide, and the certificate shall reflect that the insurance afforded
applies separately to each insured against whom claim is made or suit is
brought except with respect to the limits of the company's liability.
14.2.1.1. Self-insurance through the Washington State Risk Pool for
Washington State Government Agencies is sufficient to meet
the insurance requirements above.
14.2.2. The policy shall be endorsed, and the certificate shall reflect that the
insurance afforded therein shall be primary insurance and any insurance
or self-insurance carried by the County shall be excess and not
contributory insurance to that provided by the Grantee.
14.2.3. The Grantee shall not commence work, nor shall the Grantee allow any
subcontractor to commence work on any subcontract until a Certificate of
Insurance with additional insured endorsement, meeting the
requirements set forth herein, has been approved by Spokane County
Risk Management Department and filed with the department with whom
the Agreement is executed. Upon request, the Grantee shall forward to
the Spokane County Risk Management Department the original policy,
or endorsement obtained, to the Grantee's policy currently in force.
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14.2.4. Failure of the Grantee to fully comply with the insurance requirements
set forth herein, during the term of the Agreement, shall be considered a
material breach of contract and cause for immediate termination of the
Agreement at the County's discretion. Alternatively, the County may
procure and maintain, at the Grantee's sole expense, insurance to the
extent deemed proper up to the amount of the required coverage(s).
The County may offset the cost of such insurance against payment due
to the Grantee under the Agreement.
14.2.5. Providing coverage in the amounts listed shall not be construed to
relieve the Grantee from liability in excess of such amounts.
14.2.6. REQUIRED COVERAGE: The insurance shall provide the minimum
coverage as set forth below.
14.2.6.1. General Liability Insurance: The Grantee shall carry, for the
duration of this Agreement, Commercial General Liability
Insurance in the amounts of One Million Dollars
($1,000,000.00) Per Occurrence with no deductible; General
Aggregate Two Million Dollars ($2,000,000.00). The policy shall
include general liability arising out of premises, operations,
independent contractors, products, completed operation,
personal injury, fire damage, advertising injury, medical
expense, and liability assumed under and insured contract.
14.2.6.2. Additional Insured Endorsement: General Liability Insurance
must state that Spokane County, its officers, agents and
employees, and any other entity specifically required by the
provisions of this Agreement will be specifically named
additional insured(s) for all coverage provided by this policy of
insurance and shall be fully and completely protected by this
policy from all claims. Language such as the following should
be used "Spokane County, its Officers, Agents and Employees
are Named Additional Insured".
14.2.6.3. Proof of Automobile Insurance: The Grantee shall carry, for the
duration of this Agreement, comprehensive automobile liability
coverage of One Million Dollars ($1,000,000.00), for any
vehicle used in conjunction with the provision of services under
the terms of this Contract. Said policy shall provide that it shall
not be cancelled, materially changed, or renewed without forty-
five (45) days written notice thereto to Spokane County.
14.2.6.4. Professional Liability Insurance: The Grantee shall carry
Professional Liability Insurance coverage in the minimum
amount of One Million Dollars ($1,000,000.00) Per Occurrence;
Three Million Dollars ($3,000,000.00) aggregate covering
Spokane County.
14.2.6.5. Workers Compensation: When the Contractor has employees
of the company, the Contractor shall carry Worker's
Compensation Industrial Injury Insurance coverage and
effective in Washington State. Proof of insurance shall be
reflected on the Contractor's Certificate of Insurance or by
HHAA 22-25095 COSV Outreach Contract Agreement
Page 14 of 17
providing the Contractor's State Industrial Account Identification
Number.
14.2.7. Waiver of Subrogation: The County shall not be liable to the Grantee or
to any insurance company (by way of subrogation or otherwise) insuring
the Grantee for any loss or damage to any person, building, structure or
tangible personal property of the other occurring as a result of activity
under the Agreement, even though such loss or damage might have
been occasioned by the negligence of the County, its agents or
employees, if such loss or damage is covered by insurance benefiting
the Grantee suffering such loss or damage was required to be covered
by insurance under terms of the Agreement. Grantee shall cause each
insurance policy obtained by it to contain this waiver of subrogation
clause.
15. CONFLICT OF INTEREST
15.1. The Parties hereto shall maintain a Code of Conduct, and provide a copy with
signed contract, which governs the performance of employees, agents, con-
sultants, officers, or elected or appointed officials who: 1) exercise any function
or responsibility with respect to the award or administration of contracts or
procurement actions funded in whole or in part by funds made available
hereunder or 2) are in a position to participate in a decision making process or
gain inside information with regard to such activities. These individuals are
prohibited from obtaining a personal or financial interest or benefit from any
activity, or having an interest in any contract, subcontract or agreement with
respect thereto, or the process thereunder, either for themselves or their family or
business ties during their tenure or for a one (1) year period thereafter.
15.2. The Grantee organization/agency shall adopt and provide CSHCD with a copy of
such Code of Conduct within thirty (30) days of the execution of this Agreement if
a Code of Conduct described in the preceding paragraph is not already in effect.
15.3. In the performance of the Agreement, Grantee agrees to comply with all
applicable laws and regulations that may pertain to conflicts of interest. These
include any applicable provisions of Title 42 RCW. Any violation of this section
shall constitute a material breach of this Agreement, allowing the County to
terminate the Agreement pursuant to the terms hereof.
16. JURISDICTION
16.1. This Agreement shall be governed by the law and statutes of the State of
Washington. Venue for any action hereunder shall be in the Superior Court for
Spokane County, Washington.
17. MEDIA CONTACT
17.1. Media Contact is any interaction with a media representative, including face to
face conversations, telephone calls, emails, faxes or letters that is likely to result
in media coverage of any nature relating to the provision of services.
17.2. Reporting Requirements:
HHAA 22-25095 COSV Outreach Contract Agreement
Page 15 of 17
17.2.1. All media contacts, whether the result of a critical incident or simply an
inquiry for information shall be reported via telephone within one (1)
working day of the contact, to the CSHCD Director.
17.2.2. The information reported will include the following:
17.2.2.1. Name of the reporter and media agency; and
17.2.2.2. A brief summary of the topic discussed.
18. CRITICAL INCIDENTS
18.1. The Grantee must notify the CSHCD within one (1) working day of becoming
aware of events involving a current program participant who is the alleged victim
or perpetrator of any of the following events:
18.1.1. Death or serious injury of a client;
18.1.2. Death of a public citizen at facility;
18.1.3. Alleged client abuse or client neglect of a serious or emergent nature by
an employee, volunteer, licensee, or another client;
18.1.4. A natural disaster (to include earthquake, volcanic eruption, tsunami,
urban flood, an outbreak of communicable disease, etc.) presenting
substantial threat to facility operation or client safety;
18.1.5. Any breach or loss of client data in any form that is reportable in
accordance with the Health Information Technology for Economic and
Clinical Health (HITECH) Act and that would allow for the unauthorized
use of client personal information;
18.1.6. Any violent act to include rape or sexual assault, as defined in RCW
71.05.020 and RCW 9.94A.030 that results in an arrest with charges or
pending charges;
18.1.7. Any homicide or attempted homicide as defined in RCW 9A.32.010 that
results in an arrest with charges or pending charges;
18.1.8. Any injury to a CSHCD or Grantee staff member as the result of a serious
assault by a client that requires medical intervention;
18.1.9. Any allegation of financial exploitation as defined in RCW 74.34.020;
18.1.10. Any suicide or a death under an unusual circumstance; and
18.1.11. Any event involving a client or staff that is likely to attract media attention;
or
18.1.12. An assault by a Grantee's staff member involving a client with an open
case.
18.2. In addition to all incidents described above, the Grantee is required to utilize
professional judgment and report incidents that fall outside the scope of this
section.
18.3. CSHCD or Grantee will notify the following agencies or any others when required
by law:
18.3.1. Adult Protective Services;
HHAA 22-25095 COSV Outreach Contract Agreement
Page 16 of 17
18.3.2. Child Protective Services;
18.3.3. Department of Health;
18.3.4. Local Law Enforcement;
18.3.5. Medicaid Fraud Control Unit; or
18.3.6. Washington State Patrol.
18.4. CSHCD may require the Grantee to provide additional information regarding
efforts designed to prevent or lessen the possibility of future or similar incidents.
19. MISCELLANEOUS
19.1. Further Documentation: Grantee agrees to execute, acknowledge, and deliver
upon reasonable request by the County any document, which the County
reasonably deems necessary or desirable to evidence or effectuate the rights
herein conferred or to implement or consummate the purposes and intents
hereof.
19.2. Headings: The headings are for convenience only and do not in any way limit or
affect the terms and provisions hereof.
19.5. Gender and Grammar: Wherever appropriate in this Agreement, the singular
shall be deemed to refer to the plural and the plural to the singular, and pronouns
of certain genders shall be deemed to include either or both of the other genders.
HHAA 22-25095 COSV Outreach Contract Agreement
Page 17 of 17
EXIBIT A
2022 HHAA Scope of Work
City of Spokane Valley;Valley Street Outreach
Original Request: $100,000.00
Final Award: $100,000.00
Source of Funds: Homeless Housing Assistance Act
Project Description and County Benefit
City of Spokane Valley's one FTE outreach worker will provide outreach to the diverse needs of the
unsheltered community in Spokane Valley.The importance of street outreach and building the trust
needed to help support the transition from street living to housing (whether that is emergency shelter,
transitional or permanent housing) is key.The position will work closely with the Housing and Homeless
Coordinator(HHC)to effectuate the City's management of their unsheltered population. Specifically,they
will help facilitate the Valley Huddle; ensure accurate and timely data collection; help fill the City's
contracted beds through Truth Ministries and Hope House and other shelter options offered in our region.
In addition, the outreach positions will help refer and place unsheltered individuals into mental health and
substance treatment facilities should the individual wish to access these resources. The outreach worker
will also focus on connecting individuals to increasing their income.These funds will assist the City in
developing a methodology that accurately and as precisely as possible, identify the number of unsheltered
individuals (youth, young adults, single adults, families) in the City. 150
unduplicated beneficiaries will be served during the 12 month contract period,which represents 100%
of total proposed. HMIS data entry required. Performance reporting and invoicing are to be done
through Neighborly software.Weekly contact logs will be available upon request.
Approved Use of Funds
Personnel Costs $80,000.00
(salaries,benefits, taxes)
Operating Costs $5,000.00
(utilities,supplies,building maintenance,operations,
inspections,vehicles,insurance, volunteer expenses)
Administrative Costs:
Administration Costs $2,000.00
Training $1,000.00
Technology Costs $1,000.00
Subtotal Administrative Costs: $4,000.00
Project Delivery
Direct Client Assistance $4,000.00
Outreach Supplies $3,000.00
Support Services $1,000.00
Case Management $3,000.00
Subtotal: Project Delivery $11,000.00
TOTAL PROJECT COST: $100,000.00
CITY MANAGER
Spokane Mark Calhoun,City Manager
j Valley 10210 E Sprague Avenue♦ Spokane Valley WA 99206
Phone: (509)720-5000 •Fax: (509)720-5075 •www.spokanevalley.org
November 9, 2021
Spokane County Community Services,
Housing, & Community Development Department
312 West 8th Ave, Fourth Floor
Spokane WA 99204
ATTENTION: Reference Project Name:
City of Spokane Valley Homeless Outreach Contract Agreement
Number:
HHAA 22-25095
For the purpose of requesting funds from the Spokane County Homeless Housing Assistance Act
(HHAA) Program, for the (name) project, the persons named below are authorized to submit
requests for payment.
Persons Authorized to Re uest Draws Throu h Nei hborl Software
John Hohman ihohman@spokanevalley.org
Chelsie Taylor ctaylor@spokanevallev.orgj7;7A
Morgan Koudelka mkoudelka@spokanevalley.org py� p
This authorization is effective as of the date of this letter and will remain in effect for the term of
the project, unless modified.
Sincerely Yours, /�
Mark Calhoun iv(w�- ��✓!//�, CityManager
w� g
Name Signature Title
2I • ig
AGREEMENT BETWEEN
SPOKANE COUNTY AND IN CONJUNCTION WITH GRANT
1.Grantee 2.Contract Amount 3.Tax ID#71-0914170
City of Spokane Valley $100,000
10210 East Sprague Ave 4.DUNS#168240617
Spokane Valley,WA 99206
6.County's Representative
5.Grantee Representative Spokane County Community Services,Housing,and Community
Development
Mark Calhoun Tim Crowley
10210 East SpragueCommunity Development Specialist 3
Spokane Valley 1116 West Broadway
Phone Number:(509)720-5100 Spokane,WA 99260
1.Grantee ID 8.2020 Homeless Housing Assistance Act 9.Start Date 10.End Date
#HHAA 22-25095 (HHAA) 01/01/2022 12/31/22
11.Funding Source
❑Federal❑State®Local
14.Contractor Type:
13.Contractor Selection Process: (check all that apply)
(check all that apply or qualify) ['Private Organization/Individual
®Sole Source ['Public Organization/Jurisdiction
DA/E Services ['VENDOR
['Competitive Bidding ®Municipality/iocal government
❑Pre-approved by Funder ['Grantee
❑Non-Profit
['For-Profit
15.Grant Purpose:Outreach
16. COUNTY and the Grantee,as identified above,acknowledge and accept the terms of this Agreement and attachments
and have executed this Agreement the date below to start as of the date and year referenced above.The rights and obligations
of both parties to this Agreement are governed by this Agreement and the following other documents incorporated by reference:
Exhibit"A"-Scope of Work
FOR THE Grantee: FOR COUNTY:
S 04_ /D it q ( 021 7�
ignature si Date
ArkCisIk
Name Name`_ ^
Title ` Title
HHAA 22-25095 COSV Outreach Contract Agreement
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