EXHIBIT A

AGREEMENT NO.

An Agreement between the CITY OF PORTLAND, OREGON (City) and JOIN (Subrecipient) to provide outreach and housing placement services to homeless people.

RECITALS:  

1.  Funding for outreach to homeless people who are sleeping outside meets the goals and objectives of the Housing and Community Development (HCD) Program.

2.  The Subrecipient has successfully provided outreach, services, and housing placement to homeless people who are sleeping outside.

3.  The City Council has authorized $ 48,464 in City general funds and $186,285 in Housing Investment Funds (Bureau of Housing and Community Development) for a total of $234,749 for camper outreach and housing placement for FY 02/03.

4.  The City now desires to enter into a formal agreement with the Subrecipient to provide camper outreach services to homeless men and women.

AGREED:

I.  Scope of Services

The Subrecipient will provide the following services:  

A.  Direct outreach to homeless people who are sleeping outside, reengagement of homeless individuals on the street, with an emphasis on those currently not accessing system resources.

B.  Personal advocacy where appropriate to include:

▪  Assistance in identifying and applying for appropriate benefits

▪  Assistance in accessing transitional housing, mental health, employment services and Alcohol and Drug treatment system resources.

C.  Placement in permanent housing and follow-up with landlord and tenant.

D.  Response to community, including neighborhood associations, and police identified areas of concern.

E.  Formal relationship with all five police precincts.

F.  Coordinate activities with other community organizations that have contact with homeless people.

G.  Participate in homeless data project including planning for Homeless Management Information System.

II.  Performance Measures

A.  Subrecipient will track and report on achievement of the following levels of service (outputs) by program and in the aggregate during the period of this agreement:

•  1600 unduplicated people served

B.  Subrecipient will track and report on achievement of the following accomplishments (outcomes) by program and in the aggregate during the period of this agreement:

•  200 households transitioned off the street and into permanent housing

•  80% of the individuals placed in housing will still be in stable housing 6 months and 12 months following placement.

C.  Subrecipient will track and report on the following as its contribution to “Shared Outcomes of the Homeless Single Adult System” in the aggregate during the period of this agreement.  

•  Number of Households/Individuals Served

•  Number of Permanent Housing Placements (HH/Individuals)

•  Number of Homeless Preventions (HH/Individuals)

•  Number of people retaining housing for 3, 6, and 12 months following placement or prevention

•  Number of people increasing income from time of initial contact to housing stabilization

D.  Subrecipient will track and report on the following in the aggregate during the period of this agreement.

•  number of individuals with employment income

•  number of individuals placed in alcohol and drug treatment

•  number of individuals placed in shelter or transitional housing

•  number of individuals linked with other services/resources

•  Narrative and/or other tracking that includes documentation of:

•  Provision of basic services such as bus tickets, clothing, sleeping bags/blankets, ID, birth certificates.

•  Provision of showers, lockers, and laundry vouchers through Time Dollar/Labor Exchange system.

III.  Periodic Reporting

A.  Subrecipient will submit program reports on a quarterly basis. Reports will be submitted using the report form attached as Attachment A and will include:

•  Demographic data regarding race/ethnicity, national origin, gender, veterans status and other characteristics.

•  Performance data related to Section II

•  Narrative, including information regarding implementation of Homeless Single Adult System Enhancement Plan

Program reports will be submitted within 30 days of the reporting period on the following dates: October 31, 2002, January 31, 2003, and April 30, 2003. A final report summarizing results and including cumulative data for the program is due July 31, 2003.

B.  Financial reports will be submitted within 30 days of the end of the reporting period using the invoice form attached as (Attachment B) on the dates listed above or may be submitted monthly.

C.  Late program reports will delay payment until the program report has been received by the City.

IV.  Compensation, Method of Payment and Audit Requirement

A.  The City will reimburse the Subrecipient for actual or anticipated expenses in accordance with the Budget (Attachment C). Funds will be disbursed to the Subrecipient for:

1.  Actual expenditures, upon submission of copies of receipts or other acceptable documentation, or

2.  Anticipated expenditures, upon submission of a bid, official estimate or purchase order.

B.  All funds received by the Contractor, whether for actual or anticipated expenditures, must be disbursed within three (3) working days of receipt.

C.  Any changes to the budget must be approved in writing by the City Project Manager before any expenditure of funds in new line items or amounts.

D.  No funds under this Agreement may be used to purchase non-expendable personal property or equipment. Funds may be used to pay for lease or rental of equipment if approved in advance by the City Project Manager.

E.  The payments made under this Agreement shall be full compensation for work performed, for services rendered, and for all labor, materials, supplies, equipment and incidentals necessary to perform the work and services.

F.  Total compensation under this Agreement shall not exceed TWO HUNDRED THIRTY-FOUR THOUSAND, SEVEN HUNDRED AND FORTY-NINE DOLLARS ($234,749).

G.  An audit of this project in accordance with OMB Circular A-133 is not required. The Contractor will provide a copy of any completed audit, including any management letter, to the City within 30 days of receiving it.

V.  City Project Manager

A.  The City Project Manager shall be Heather Lyons, or such person as shall be designated in writing by the Director of the Bureau of Housing and Community Development.

B.  The City Project Manager is authorized to approve work and billings hereunder, to give notices referred to herein, to terminate this agreement as provided herein, and to carry out all other City actions referred to herein.

VI.  General Contract Provisions

A.  TERMINATION FOR CAUSE. If, through any cause, the Subrecipient shall fail to fulfill in timely and proper manner his/her obligations under this Contract, or if the Subrecipient shall violate any of the covenants, agreements, or stipulations of this Contract, the City shall have the right to terminate this Contract by giving written notice to the Subrecipient of such termination and specifying the effective date thereof at least 30 days before the effective date of such termination. In such event, all finished or unfinished documents, data, studies, and reports prepared by the Subrecipient under this Contract shall, at the option of the City, become the property of the City and the Subrecipient shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents.

Notwithstanding the above, the Subrecipient shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Contract by the Subrecipient, and the City may withhold any payments to the Subrecipient for the purpose of setoff until such time as the exact amount of damages due the City from the Subrecipient is determined.

B.  TERMINATION FOR CONVENIENCE. The City and Subrecipient may terminate this Contract at any time by mutual written agreement. If the Contract is terminated by the City as provided herein, the Subrecipient will be paid an amount which bears the same ratio to the total compensation as the services actually performed bear to the total services of the Subrecipient covered by this Contract less payments of compensation previously made.

The City, on thirty (30) days written notice to the Subrecipient, may terminate this Agreement for any reason deemed appropriate at its sole discretion.

C.  REMEDIES. In the event of termination under Section A hereof by the City due to a breach by the Subrecipient, then the City may complete the work either itself or by agreement with another subrecipient, or by a combination thereof. In the event the cost of completing the work exceeds the amount actually paid to the Subrecipient hereunder plus the remaining unpaid balance of the compensation provided herein, then the Subrecipient shall pay to the City the amount of excess.

The remedies provided to the City under sections A and C hereof for a breach by the Subrecipient shall not be exclusive. The City also shall be entitled to any other equitable and legal remedies that are available.

In the event of breach of this contract by the City, then the Subrecipient's remedy shall be limited to termination of the contract and receipt of payment as provided in section B hereof.

In the event of termination under Section A, the City shall provide the Subrecipient an opportunity for an administrative appeal to the Bureau Director.

D.  CHANGES. The City may, from time to time, request changes in the scope of the services or terms and conditions hereunder. Such changes, including any increase or decrease in the amount of the Subrecipient's compensation, shall be incorporated in written amendments to this Contract. Any change that increases in total the amount of compensation payable to the Subrecipient to $20,703 or more must be approved by ordinance of the City Council. The Bureau Director may approve increases in compensation that result in total compensation of less than $20,703. Other changes, including changes to scope of work and budget line items, may be approved by the Project Manager.

 E.  NON-DISCRIMINATION. In carrying out activities under this contract, the Subrecipient shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, age, handicap, familial status or national origin. The Subrecipient shall take affirmative actions to insure that applicants for employment are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, age, handicap, familial status or national origin. Such action shall include but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Subrecipient shall post in conspicuous places, available to employees and applicants for employment, notices provided by the City setting for the provisions of this nondiscrimination clause. The Subrecipient shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. The Subrecipient shall incorporate the foregoing requirements of this paragraph in all of its contracts for work funded under this contract, except contracts governed by Section 104 of Executive Order 11246. The Subrecipient will comply with the equal employment and non-discrimination requirements of Portland City Code Sections 3.100.005 (City Policies Relating to Equal Employment Opportunity, Affirmative Action and Civil Rights), 3.100.042 (Certification of Contractors), and Chapter 23 – Civil Rights.

F.  ACCESS TO RECORDS. The City, or their duly authorized representatives, shall have access to any books, general organizational and administrative information, documents, papers, and records of the Subrecipient which are directly pertinent to this contract, for the purpose of making audit examination, excerpts, and transcriptions. All required records must be maintained by the Subrecipient for three years after the City makes final payment and all other pending matters are closed.

G.  MAINTENANCE OF RECORDS. The Subrecipient shall maintain records on a current basis to support its billings to the City. The City or its authorized representative shall have the authority to inspect, audit, and copy on reasonable notice and from time to time any records of the Subrecipient regarding its billings or its work hereunder. The Subrecipient shall retain these records for inspection, audit, and copying for 3 years from the date of completion or termination of this contract.

H.  AUDIT OF PAYMENTS. The City, either directly or through a designated representative, may audit the records of the Subrecipient at any time during the 3 year period established by Section G above.

If an audit discloses that payments to the Subrecipient were in excess of the amount to which the Subrecipient was entitled, then the Subrecipient shall repay the amount of the excess to the City.

I.  INDEMNIFICATION. The Subrecipient shall hold harmless, defend, and indemnify the City and the City's officers, agents, and employees against all claims, demands, actions, and suits (including all attorney fees and costs) brought against any of them arising from the Subrecipient's work or any subcontractor's work under this contract.

J.  WORKERS' COMPENSATION INSURANCE.

(a)  The Subrecipient, its subcontractors, if any, and all employers working under this Agreement, are subject employers under the Oregon Worker's Compensation law and shall comply with ORS 656.017, which requires them to provide workers' compensation coverage for all their subject workers. A certificate of insurance, or copy thereof, shall be attached to this Agreement and shall be incorporated herein and made a term and part of this Agreement. The Subrecipient further agrees to maintain worker's compensation insurance coverage for the duration of this Agreement.

(b)  In the event the Subrecipient's worker’s compensation insurance coverage is due to expire during the term of this Agreement, the Subrecipient agrees to timely renew its insurance, either as a carrier-insured employer or a self-insured employer as provided by Chapter 656 of the Oregon Revised Statutes, before its expiration, and the Subrecipient agrees to provide the City of Portland such further certification of worker's compensation insurance a renewals of said insurance occur.

(c)  If the Subrecipient believes itself to be exempt from the worker's compensation insurance coverage requirement of (a) of this subsection, the Subrecipient agrees to accurately complete the City of Portland's Questionnaire for Workers' Compensation Insurance and Qualification as an Independent Contractor prior to commencing work under this Agreement. In this case, the Questionnaire shall be attached to this Agreement and shall be incorporated herein and made a term and part of this Agreement. Any misrepresentation of information on the Questionnaire by the Subrecipient shall constitute a breach of this Agreement. In the event of breach pursuant to this subsection, City may terminate the agreement immediately and the notice requirement contained in Section (A), TERMINATION FOR CAUSE, hereof shall not apply.

K.  LIABILITY INSURANCE.

(a) The Subrecipient shall maintain public liability and property damage insurance that protects the Subrecipient and the City and its officers, agents, and employees from any and all claims, demands, actions, and suits for damage to property or personal injury, including death, arising from the Subrecipient's work under this contract. The insurance shall provide coverage for not less than $200,000 for personal injury to each person, $500,000 for each occurrence, and $500,000 for each occurrence involving property damages; or a single limit policy of not less than $500,000 covering all claims per occurrence. The limits of the insurance shall be subject to statutory changes as to maximum limits of liability imposed on municipalities of the state of Oregon during the term of the agreement. The insurance shall be without prejudice to coverage otherwise existing and shall name as additional insureds the City and its officers, agents, and employees. Notwithstanding the naming of additional insureds, the insurance shall protect each insured in the same manner as though a separate policy had been issued to each, but nothing herein shall operate to increase the insurer's liability as set forth elsewhere in the policy beyond the amount or amounts for which the insurer would have been liable if only one person or interest had been named as insured. The coverage must apply as to claims between insureds on the policy. The insurance shall provide that it shall not terminate or be canceled without 30 days written notice first being given to the City Auditor. If the insurance is canceled or terminated prior to completion of the contract, the Subrecipient shall provide a new policy with the same terms. The Subrecipient agrees to maintain continuous, uninterrupted coverage for the duration of the contract. The insurance shall include coverage for any damages or injuries arising out of the use of automobiles or other motor vehicles by the Subrecipient.

(b) The Subrecipient shall maintain on file with the City Auditor a certificate of insurance certifying the coverage required under subsection (a). The adequacy of the insurance shall be subject to the approval of the City Attorney. Failure to maintain liability insurance shall be cause for immediate termination of this agreement by the City.

In lieu of filing the certificate of insurance required herein, the Subrecipient shall furnish a declaration that the Subrecipient is self-insured for public liability and property damage for a minimum of the amounts set forth in ORS 30.270.

L.  SUBCONTRACTING AND ASSIGNMENT. The Subrecipient shall not subcontract its work under this contract, in whole or in part, without the written approval of the City. The Subrecipient shall require any approved subcontractor to agree, as to the portion subcontracted, to fulfill all obligations of the Contract as specified in this contract. Notwithstanding City approval of a subcontractor, the Subrecipient shall remain obligated for full performance hereunder, and the City shall incur no obligation other than its obligations to the Subrecipient hereunder. The Subrecipient agrees that if subcontractors are employed in the performance of this contract, the Subrecipient and its subcontractors are subject to the requirements and sanctions of ORS Chapter 656, Workers' Compensation. The Subrecipient shall not assign this contract in whole or in part or any right or obligation hereunder, without prior written approval of the City. Subcontractors shall be responsible for adhering to all regulations cited within this contract.

M.  INDEPENDENT CONTRACTOR STATUS. The Subrecipient is engaged as an independent contractor and the Subrecipient and will be responsible for any federal, state, or local taxes and fees applicable to payments hereunder.

The Subrecipient and its subcontractors and employees are not employees of the City and are not eligible for any benefits through the City, including without limitation, federal social security, health benefits, workers' compensation, unemployment compensation, and retirement benefits.

N.  REPORTING REQUIREMENTS. The Subrecipient shall report on its activities in a format and by such times as prescribed by the City.

O.  CONFLICTS OF INTEREST. No City officer or employee, during his or her tenure or for one year thereafter, shall have any interest, direct or indirect, in this contract or the proceeds thereof.

No City officer or employees who participated in the award of this contract shall be employed by the Subrecipient during the period of the contract.

P.  OREGON LAWS AND FORUM. This contract shall be construed according to the laws of the State of Oregon.

Any litigation between the City and the Subrecipient arising under this contract or out of work performed under this contract shall occur, if in the state courts, in the Multnomah County court having jurisdiction thereof, and if in the federal courts, in the United States District Court for the State of Oregon.

Q.  COMPLIANCE WITH LAWS. In connection with its activities under this contract, the Subrecipient shall comply with all applicable federal, state, and local laws and regulations.

In the event that the Subrecipient provides goods or services to the City in the aggregate in excess of $2,500.00 per fiscal year, the Subrecipient agrees it has certified with the City's Equal Employment Opportunity certification process.

R.  INDEPENDENT FINANCIAL AUDITS/REVIEWS. Any subrecipient receiving $300,000 or more in City funding, in any program year, is required to obtain an independent audit of the City-funded program(s). Any subrecipient receiving between $25,000 and $300,000 in City funds, in any program year, is required to obtain an independent financial review. Additionally, contractors receiving between $25,000 and $300,000 in federal funds may be required to obtain a full audit, if the City believes it is warranted. Two copies of all required financial audits or reviews will be submitted to the designated City Project Manager within thirty days of their completion.

S.  SEVERABILITY. If any provision of this agreement is found to be illegal or unenforceable, this agreement nevertheless shall remain in full force and effect and the provision shall be stricken.

T.  INTEGRATION. This agreement contains the entire agreement between the City and the Subrecipient and supercedes all prior written or oral discussions or agreements.

U.  TARGETING. Each year the City designates target areas, which receive focused services through the Bureau of Housing and Community Development. As appropriate, the Subrecipient may be asked to provide marketing and outreach for its services and/or collect demographic information on its clients, relative to these target areas. Boundaries of target areas will be provided to any subrecipient who is asked to such information and assistance.

V.  TRAINING. The Bureau of Housing and Community Development will provide training for all new Contractors and for Contractors who have experienced significant organizational changes, which would warrant training. This training may be carried out on an individual basis or as part of a general training program, at the discretion of the City.

W.  PROGRAM AND FISCAL MONITORING. The City through the Bureau of Housing and Community Development shall monitor on a regular basis to assure contract compliance. Such monitoring may include, but are not limited to, on site visits, telephone interviews, and review of required reports and will cover both programmatic and fiscal aspects of the contract. The frequency and level of monitoring will be determined by the City Project Manager.

VII.  Period of Agreement

The term of this Agreement shall be effective as of July 1, 2002 and shall remain in effect during any period Subrecipient has control over Housing and Community Development funds, including program income. Work by Subrecipient shall be completed as of June 30, 2003.

Dated this _____________________ of ______________________, 2002.

CITY OF PORTLAND          JOIN

___________________          ____________________

Erik Sten              Rob Justus

Commissioner of Public Works        Director

APPROVED AS TO FORM:

_____________________

Jeffrey L. Rogers

City Attorney

ATTACHMENT A

Project Report for JOIN

BENEFICIARY DATA

Reporting Period From: ____________ To: ____________

1. Gender

2. Race

3. Ethnicity

4. Age

5. Other Characteristics

*Totals Should Equal

Project Report for JOIN

OUTCOME AND REPORTING DATA

Reporting Period From: ____________ To: ____________

Agency Specific

**Unduplicated YTD may not necessarily match the sum of the quarterly unduplicated count, since one client may be served in more than one quarter.

Shared Outcomes

***These are cumulative over the quarters

Narrative:

On a separate page, please include as applicable:

▪  Information regarding the program specific for the quarter that explains changes in performance

▪  Examples of increased collaboration with other organizations in the Homeless Single Adult System

▪  Examples of changes and improvements in flexibility and accountability within your program

▪  Examples of increased connectivity with organization in other (mainstream) service systems and housing

▪  Examples of how homeless and formerly homeless people influence your work

▪  Any other useful information

ATTACHMENT B

JOIN

BUREAU OF HOUSING AND COMMUNITY DEVELOPMENT

REQUEST FOR PAYMENT

Project Name: _____________________________________

Request For Payment #__________

Project Sponsor: ________________________________________________________________

Billing Period: ______________________________

Please attach detailed information as specified in the contract

Total Amount Requested _________________

Prepared By ______________________________________ Phone No. _________________

Approved By _____________________

*NOTE: Please reproduce this form on agency letterhead or submit cover letter to this invoice that includes total requested and authorizing signature

ATTACHMENT C

JOIN

BUDGET FOR CAMPER OUTREACH

FY02-03