EXHIBIT A

CONTRACT NO.

A Contract between the CITY OF PORTLAND, OREGON (City) and JOIN (Subrecipient) to provide the First Response Pilot Project to provide outreach and permanent housing placement services to homeless people. This Pilot Project is designed to reduce the role of law enforcement resources in responding to complaints regarding homeless people and camps and increase the opportunity for more appropriate outreach and engagement.

RECITALS:  

1.  Funding for outreach and engagement services, and permanent housing placement for chronically homeless people who are sleeping outside meets the goals and objectives of the Bureau of Housing and Community Development (BHCD).

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

3.  City Council has authorized $120,000 in City General Funds for outreach and housing placement for FY 2004-05.

4.  The City now desires to enter into a formal Contract with the Subrecipient to provide outreach and housing placement and support services to chronically homeless people.

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 housing, mental health, employment services and Alcohol and Drug treatment system resources.

C.  Placement in permanent housing, and retention support to landlord and tenant.

D.  Provision of rent assistance (generally 6-12 months) to allow successful transition of chronically homeless households into permanent housing.

E.  Coordinate with the Portland Police Department to ensure a designated point person at SE and Central precincts to facilitate immediate contact with JOIN’s Outreach Team. Each point person will be equipped with a cell phone.

F.  Establish a regular forum for outreach responders and police contacts to discuss, problem solve, and address problem areas and individual situations.

G.  Explore options to create an improved communication and referral plan that would include 211 and appropriate responders such as CHIERs, Project Respond, Janus Youth in addition to JOIN.

H.  Coordinate with the Police to create a target list of known chronically homeless adults in SE and Central precincts.

I.  Coordinate activities with other community organizations that have contact with homeless people, including shelters.

J.  Collect and enter participant data in Homeless Management Information System (Service Point) and subsequent reporting.

II.  Performance Measures

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

▪  20 chronically homeless households transitioned off the street and into permanent housing, most or all by June 30, 2005.

▪  80% (16) of the individuals placed in housing will still be in stable housing 12 months following placement.

B.  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 Contract via Service Point.

▪  Number of Households/Individuals Served

▪  Number of Permanent Housing Placements (HH/Individuals)

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

III.  Periodic Reporting

A.  Subrecipient will submit program reports on a quarterly basis and City fiscal year basis. Reports will be submitted using the report form attached as Attachment A, or in a format agreed upon by the Contract Manager, and will include:

▪  Demographic data regarding age, race/ethnicity, gender, veteran’s status. Data on homeless status and other characteristics must also be reported for those clients place in housing by JOIN.

▪  Performance data related to Section II.

▪  Narrative, including information regarding implementation of Homeless Single Adult System Enhancement Plan and efforts related to the Ten Year Plan to End Homelessness.

Program reports will be submitted within 30 days of the reporting period on or before the following dates: April 30, 2005, July 31, 2005, October 31, 2005, January 31, 2006, and July 31, 2006. Due to the 18-month contract, a year end data and performance report will be submitted on or before July 31, 2005 for the 04-05 FY, and another on or before July 31, 2006 for the 05-06 FY. In addition a final project report summarizing results and including cumulative data for the 18-month program is due on or before July 31, 2007.

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 Contract 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 Contract 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 Contract shall not exceed ONE HUNDRED AND TWENTY THOUSAND DOLLARS ($120,000).

V.  City Project Manager

A.  The City Project Manager shall be Liora Berry, 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 Contract 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 $20,835 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 $20,835. 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 and Contract

The term of this Contract shall be effective as of January 1, 2005 and shall remain in effect during any period Subrecipient has control over City funds, including program income. The Contract shall terminate as of June 30, 2006.

Dated this _____________________ of ______________________, 2004.

CITY OF PORTLAND          JOIN

___________________          ____________________

Erik Sten              Rob Justus

Commissioner of Public Works        Director

APPROVED AS TO FORM:

_____________________

Linda Meng

City Attorney

ATTACHMENT A

Project Report for JOIN

First Response: BENEFICIARY DATA

Reporting Period From: ____________ To: ____________

Unduplicated Demographic Information

1. Gender

2. Race/Ethnicity

3. Age

4. Veteran’s Status

First Response

5. Other Characteristics of Households Housed (Primary Client)

6. Residence (may be reported on quarterly or annual basis)

Project Report for JOIN

OUTCOME AND REPORTING DATA

Reporting Period From: ____________ To: ____________

Comparison Data

Shared Outcomes – Unduplicated (provide data on # served, placements & prevention by individual & household)

Narrative:

On a separate page, please include as applicable:

▪  Information regarding the program implementation for the quarter

▪  Program/agency challenges and plan to address & program improvements and special accomplishments

▪  Examples of increased collaboration with other organizations, including those in the Homeless Adult System

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

▪  Information on emerging needs & issues, problems affecting client success or access to key services/housing

▪  Any other useful information

ATTACHMENT B

JOIN – First Response Pilot Project

REQUEST FOR PAYMENT

City of Portland/BHCD

Attn: Liora Berry

421 SW 6^th Avenue, Suite 1100

Portland, Oregon 97204

Project Name: _____________________________________

Request For Payment #__________

Billing Period: ______________________________

Contract Number: ___________________________

Please attach detailed information as specified in the contract or requested by BHCD Project Manager

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 First Response Pilot Project

January 2005-June 31, 2006