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HomeMy WebLinkAbout2009-083 DSS - Housing for New Hope Inc. to provide homelessness prevention and rapid re-housing $482,933I ~ ~ Contract #68-5001 ~~ I ~I A Housing for New Hope ~Y/~ Contract # 68-5001 Contract Period Begins October 15, 2009 Ends August 31, 2012 This contract is hereby entered into by and between the Orange County Department of Social Services (the "County") and Housing for New Hope, Inc. (the "Contractor") (referred to collectively as the "Parties"). The Contractor's federal tax identification number or Social Security Number is 1. Contract Documents: This Contract consists of the following documents (1) This contract (2) The General Terms and Conditions (Attachment A) (3) The Scope of Work, description of services, and rate (Attachment B) (4) Federal Certification Regarding Drug-Free Workplace (Attachment C) (5) Conflict of Interest (Attachment D) (6) No Overdue Taxes (Attachment E) (7) Federal Certification Regarding Lobbying (Attachment G) (8) Federal Certification Regarding Debarment (Attachment H) (9) IRS federal tax exempt letter or 501(c)(3) (Attachment K) (10) Budget (Attachment M) (11) Outcomes and Reporting (Attachment N) These documents constitute the entire agreement between the Parties and supersede all prior oral or written statements or agreements...... _ __ - _ - __ 2. Precedence Among Contract Documents: In the event of a conflict between or among the terms of the Contract Documents, the terms in the Contract Document with the highest relative precedence shall prevail. The order of precedence shall be the order of documents as listed in Paragraph 1, above, with the first-listed document having the highest prec ence and the last-listed document having the lowest precedence. If there are multiple Contract Amendments, to most recent amendment shall have the highest precedence and the oldest amendment shall have the lowest precedence. 3. Effective Period: This contract shall be effective on October 15, 2009 and shall terminate on August 3l, 2012. 4. Contractor's Duties: The Contractor shall provide the services and in accordance with the approved rate as described in Attachment B, Scope of Work and Attachment M, Budget, and shall meet the requirements set forth in Attachment N, Outcomes and Reporting. 5. County's Duties: The County shall pay the Contractor in the manner and in the amounts specified in the Contract Documents. The total amount paid by the County to the Contractor under this contract shall not exceed $482,933. This amount consists of $482,933 in Federal (CFDA # ), State and County funds, $0 (source of other funds if applicable). [X] a. There are no matching requirements from the Contractor. [ ] b. The Contractor's matching requirement is $ ,which shall consist of: [ ] In-kind [ ]Cash [ ]Cash and In-kind [ ]Cash and/or In-kind The contributions from the Contractor shall be sourced from non-federal funds. The total contract amount including any Contractor match shall not exceed $482,933. Contract-General (06/04) Page 1 of 3 Contract #68-5001 Housing for New Hope 6. Reporting Requirements: Contractor shall comply with audit requirements as described in N.C.G.S. § 143-6.2 and OMB Circular A-133. 7. Payment Provisions: Payment- shall be made in accordance with the Contract Documents as described in the Scope of Work, Attachment B. 8. Contract Administrators: All notices permitted or required to be given by one Party to the other and all questions about the contract from one Party to the other shall be addressed and delivered to the other Parry's Contract Administrator. The name, post office address, street address, telephone number, fax number, and email address of the Parties' respective initial Contract Administrators are set out below. Either Party may change the name, post office address, street address, telephone number, fax number, or email address of its Contract Administrator by giving timely written notice to the other Party. For the County: IF DELIVERED BY US POSTAL SERVICE IF DELIVERED BY ANY OTHER MEANS Sharron Hinton, Community Services Manager Sharron Hinton, Community Services Manager Orange County Department of Social Services Orange County Department of Social Services P.O. Box 8181 300 West Tryon Street Hillsborough, NC 27278 Hillsborough, NC 27278 (919) 245-2840 shinton co.oran e.nc.us For the Contractor: IF DELIVERED BY US POSTAL SERVICE IF DELIVERED BY ANY OTHER MEANS Terry Allebaugh, Executive Director Terry AlIebaugh, Executive Director Housing for New Hope Housing for New Hope 18 West Colony Place, Suite 250 18 West Colony Place, Suite 250 Durham, NC 27705 Durham, NC 27705 (919) 489-6282 to housin fornewho e.or Contract-General (06/04) Page 2 of 3 Contract #68-5001 Housing for New Hope 9. Signature Warranty: The undersigned represent and warrant that they are authorized to bind their principals to the terms of this agreement. The Contractor and the County have executed this contract in duplicate originals, with one original being retained by each party. HOUSING FOR NEW HOPE, INC. ~- r, 00 , r, n ~ ~ 1~, l o ~ Signature ~ ` " Date ~('~erru Atle~a~~I-. ~X~~u~~~G ~~ ~~c-v2 Printed Name Title ORANGE Signature Chair", Board of o ty Commissioners ate Printed Name Title l S ~G Signature irector, Orange County Department of Social Services ate Name U Title This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. Cla~..w ,b. Jn~ t ~ 2~ !~~ Signature of County Finance Officer Date This ~ont~act 1~`~ieen approved as to form and legal sufficiency.. Si~natlpre o (I t-- I In Contract-General (06/04) Page 3 of 3 Contract #68-5001 Housing for New Hope ATTACFIlVIENT A GENERAL TERMS AND CONDITIONS Orange County Department of Social Services Relationships of the Parties Independent Contractor: The Contractor.. is and shall be deemed to be an independent contractor in the performance of this contract and as such shall be wholly responsible for the work to be performed and for the supervision of its employees. The Contractor represents that it has, or shall secure at its own expense, all personnel required in performing the services under this agreement. Such employees shall not be employees of, or have any individual contractual relationship with the County. Subcontracting: The Contractor shall not subcontract any of the work contemplated under this contract without .prior written approval from ,the County. Any approved subcontract shall be subject to all conditions of this contract. Only the subcontractors specified in the contract documents are to be considered approved upon award of the contract. The County shall not be obligated to pay for any work performed by any unapproved subcontractor. The Contractor shall be responsible for the performance of all of its subcontractors. Assignment: No assignment of the Contractor's obligations or the Contractor's right to receive payment hereunder shall be pernutted. However, upon written request approved by the issuing purchasing authority, the County may: (a) Forward the Contractor's payment check(s) directly to any person or entity designated by the Contractor, or (b) Include any person or entity designated by Contractor as a joint payee on the Contractor's payment check(s). In no event shall such approval and action obligate the County to anyone other than-the Contractor and the Contractor shall remain responsible for fulfillment of all contract obligations. Beneficiaries: Except as herein specifically provided otherwise, this contract shall inure to the benefit of and be binding upon the parties hereto and their respective successors. It is expressly understood and agreed that the enforcement of the terms and conditions of this contract, and all rights of action relating to such enforcement, shall be strictly reserved to the County and the named Contractor. Nothing contained in this document shall give or allow any claim or right of action whatsoever by any other third person. It is the express intention of the County and Contractor that any such person or entity, other than the County or the Contractor, receiving services or benefits under this contract shall be deemed an incidental beneficiary only. Indemnity and Insurance Indemnification: The Contractor agrees to indemnify and hold harmless the County and. any of their officers, agents and employees, from any claims of third parties arising out or any act or omission of the Contractor in connection with the performance of this contract. Insurance: During the term of the contract, the Contractor at its sole cost and expense shall provide commercial insurance of such type and with such terms and limits as may be reasonably associated with the contract. As a minimum, the Contractor shall provide and maintain the following coverage and limits: (a) Worker's Compensation -The contractor shall provide and maintain Worker's Compensation Insurance as required by the laws of North Carolina, as well as employer's liability coverage with minimum limits of $500,000.00, covering all of Contractor's employees who are engaged in any work under the contract. If any work is sublet, the Contractor shall require the subcontractor to provide the same coverage for any of his employees engaged in any work under the contract. (b) Commercial General Liability -General Liability Coverage on aComprehensive Broad General Terms and Conditions - (06/04) Page 1 of 5 Contract #68-5001 Housing for New Hope Form on an occurrence basis in the minimum amount of $1,000,000.00 Combined Single Limit. (Defense cost shall be in excess of the limit of liability.) (c) Automobile -Automobile Liability Insurance, to include liability coverage, covering all owned, hired and non-owned vehicles used in performance of the contract. The minimum combined single limit shall be $500,000.00 bodily injury and property damage; $500,000.00 uninsured/under insured motorist; and $25,000.00 medical payment. Providing and maintaining adequate insurance coverage is a material obligation of the Contractor and is of the essence of this contract. The Contractor may meet its requirements of maintaining specified coverage and limits by demonstrating to the County that there is in force insurance with equivalent coverage and limits that will offer at least the same protection to the County. All such insurance shall meet all laws of the State of North Carolina. Such insurance coverage shall be obtained from companies that are authorized to provide such coverage and that are authorized by the Commissioner of Insurance to do business in North Carolina. The Contractor shall at all times comply with the terms of such insurance policies, and all requirements of the insurer under any such insurance policies, except as they may conflict with existing North Carolina laws or this contract. The limits of coverage. under each insurance policy maintained by the Contractor shall not be interpreted as limiting the contractor's liability and obligations under the contract. Default and Termination Termination Without Cause: The County may terminate this contract without cause by giving 10 days written notice to the Contractor. In that event, all finished or unfinished deliverable items prepared by the Contractor under this contract shall, at the option of the County, become its property and the Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such materials, minus any payment or compensation previously made. Termination for Cause: If, through any cause, the Contractor shall fail to fulfill its obligations under this contract in a timely and proper manner, the County shall have the right to terminate this contract by giving written notice to the Contractor and specifying the effective date thereof. In that event, all finished or unfinished deliverable items prepared by the Contractor under this contract shall, at the option of the County, become its property and the Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such materials, minus any payment. or compensation previously made. Notwithstanding the foregoing provision, the Contractor shall not be relieved of liability to the County for damages sustained by the County by virtue of the Contractor's breach of this agreement, and the County may withhold any payment due the Contractor for the purpose of setoff until such time as the exact amount of damages due the County from such breach can be determined. In case of default by the Contractor, without limiting any other remedies for breach available to it, the County may procure the contract services from other sources and hold the Contractor responsible for any excess cost occasioned thereby. The filing of a petition for bankruptcy by the Contractor shall be an act of default under this contract. Waiver of Default: Waiver by the County of any default or breach in compliance with the terms of this contract by the Provider shall not be deemed a waiver of any subsequent default or breach and shall not be construed to be modification of the terms of this contract unless stated to be such in writing, signed by an authorized representative of the County and the Contractor and attached to the contract. Availability of Funds: The parties to this contract agree and understand that the payment of the sums specified in this contract is dependent and contingent upon and subject to the appropriation, allocation, and availability of funds for this purpose to the County. Force Majeure: Neither party shall be deemed to be in default of its obligations hereunder if and so long as it is prevented from performing such obligations by any act of war, hostile foreign action, nuclear explosion, riot, strikes, civil insurrection, earthquake, hurricane, tornado, or other catastrophic natural event or act of God. General Terms and Conditions - (06/04) ~ Page 2 of 5 Contract #68-5001 Housing for New Hope Survival of Promises: All promises, requirements, terms, conditions, provisions, representations, guarantees, and warranties contained herein shall survive the contract expiration or termination date unless specifically provided otherwise herein, or unless superseded by applicable Federal or State statutes of limitation. Intellectual Property Rights Confidentiality: Any information, data, instruments, documents, studies or reports given to or prepared or assembled by the Contractor under this agreement shall be kept as confidential and not divulged or made available to any individual or organization without the prior written approval of the County. The Contractor acknowledges that in receiving, storing, processing or otherwise dealing with any confidential information it will safeguard and not further disclose the information except as otherwise provided in this contract. Copyrights and Ownership of Deliverables: All deliverable items produced pursuant to this contract are the exclusive property of the County. The Contractor shall not assert a claim of copyright or other property interest in such deliverables. Federal Intellectual Property Bankruptcy Protection Act: The Parties agree that the County shall be entitled to all rights -and benefits of the Federal Intellectual Property Bankruptcy Protection Act, Public Law 100-506, codified at 11 U.S.C. 365 (n) and any amendments thereto. Compliance with Applicable Laws Compliance with Laws: The Contractor shall comply with all laws, ordinances, codes, rules, regulations, and licensing requirements that are applicable to the conduct of its business, including those of federal, state, and local agencies having jurisdiction and/or authority. Equal Employment Opportunity: The Contractor shall comply with all federal and State laws relating to equal employment opportunity. Health Insurance Portability and Accountability Act (HIPAA): The Contractor agrees that, if the County determines that some or all of the activities within the scope of this contract are subject to the Health Insurance Portability and Accountability Act of 1996, P.L. 104-91, as amended ("HIPAA"), or its implementing regulations, it will comply with the HIPAA requirements and will execute such agreements and practices as the County may require to ensure compliance. Confidentiality Oversight Access to Persons and Records: The State Auditor shall have access to persons and records as a result of all contracts or grants entered into by State agencies or political subdivisions in accordance with General Statute 147-64.7. Additionally, as the State funding authority, the Department of Health and Human Services shall have access to persons and records as a result of all contracts or grants entered into by State agencies or political subdivisions. Record Retention: Records shall not be destroyed, purged or disposed of without the express written consent of the County. The Department of Health and Human Services' basic records retention policy requires all records to be retained for a minimum of three years following completion or termination of the contract. If the contract is subject to Federal policy and regulations, record retention will normally be longer than three years since records must be retained for a period of three years following submission of the final Federal Financial Status Report, if applicable, or three years following the submission of a revised final Federal Financial Status Report. Also, if any litigation, claim, negotiation, audit, disallowance action, or other action involving this contract has been started before expiration of the three year retention period described above, the records must be retained until completion of the action and resolution of all issues which arise from it, or until the end of the regular three year period described above, whichever is later. Warranties and Certifications Date and Time Warranty: The Contractor warrants that the product(s) and service(s) furnished pursuant General Terms and Conditions - (06/04) Page 3 of 5 Contract #68-5001 Housing for New Hope to this contract ("product" includes, without limitation, any piece of equipment, hardware, firmware, middleware, custom or commercial software, or internal components, subroutines, and interfaces therein) that perform any date and/or time data recognition function, calculation, or sequencing will support a four digit year format and will provide accurate date/time data and .leap year calculations.. This warranty shall survive the termination or expiration of this contract. Certification Regarding Collection of Taxes: G.S. 143-59.1 bars the Secretary of Administration from entering into contracts with vendors that meet one of the conditions of G.S. 105-164.8(b) and yet refuse to collect use taxes on sales of tangible personal property to purchasers in North Carolina. The conditions include: (a) maintenance of a retail establishment or office; (b) presence of representatives in the State that solicit sales or transact business on behalf of the vendor; and (c) systematic exploitation of the market by media- assisted, media-facilitated, ormedia-solicited means. The Contractor certifies that it and all of its affiliates (if any) collect all required taxes. Severability: In the event that a court of competent jurisdiction holds that a provision or requirement of this contract violates any applicable law, each such provision or requirement shall continue to be enforced to the extent it is not in violation of law or is not otherwise unenforceable and all other provisions and requirements of this contract shall remain in full force and. effect. Headings:. The Section and Paragraph headings in these General Terms and Conditions are not material parts of the agreement and should not be used to construe the meaning thereof. Time of the Essence: Time is of the essence in the performance of this contract. Key Personnel: The Contractor shall not replace any of the key personnel assigned to the performance of this contract without the prior written approval of the County. The term "key personnel" includes any and all persons identified as such in the contract documents and any other persons subsequently identified as key personnel by the written agreement of the parties. Miscellaneous Choice of Law: The validity of this contract and any of its terms or provisions, as well as the rights and duties of the parties to this contract, are governed by the laws of North Carolina. The Contractor, by signing this contract, agrees and submits, solely for matters concerning this Contract, to the exclusive jurisdiction of the courts of North Carolina and agrees, solely for such purpose, that the exclusive venue for any legal proceedings shall be Orange County, North Carolina. The place of this contract and all transactions and agreements relating to it, and their situs and forum, shall be Orange County, North Carolina, where all matters, whether sounding in contract or tort, relating to the validity, construction, interpretation, and enforcement shall be determined. Amendment: This contract may not be amended orally or by performance. Any amendment must be made in written form and executed by duly authorized representatives of the County and the Contractor. Care of Property: The Contractor agrees that it shall be responsible for the proper custody and care of any property furnished to it for use in connection with the performance of this contract and will reimburse the County for loss of, or damage to, such property. At the termination of this contract, the Contractor shall contact the County for instructions as to the disposition of such property and shall comply with these instructions. Travel Expenses: Reimbursement to the Contractor for travel mileage, meals, lodging and other travel expenses incurred in the performance of this contract shall not exceed the rates established in County policy. Sales/LTse Tax Refunds: If eligible, the Contractor and all subcontractors shall: (a) ask the North Carolina Department of Revenue for a refund of all sales and use taxes paid by them in the performance of this contract, pursuant to G.S. 105-164.14; and (b) exclude all refundable sales and use taxes from all General Terms and Conditions - (06/04) Page 4 of 5 Contract #68-5001 Housing for New Hope reportable expenditures before the expenses are entered in their reimbursement reports. Advertising: The Contractor shall not use the award of this contract as a part of any news release or commercial advertising. Drange County Living Wage: Orange. County is committed to providing its employees with a living wage and encourages agencies to which it provides funding to pursue the same goal. The County's living wage hourly standard, as adopted by the Orange County Board of County Commissioners annually, can be found in the Orange County Budget Ordinance. To the extent possible, Orange County recommends that the Contractor and all subcontractors provide a living wage, as defined in this section, to their employees. General Terms and Conditions - (06/04) Page 5 of 5 Contract #68-5001 Housing for New Hope ATTACHMENT B SCOPE OF WORK Orange County Department of Social Services Federal Taz Id. or Contract # 68-5001 A. CONTRACTOR INFORMATION 1. Contractor Agency Name: Housing for New Hope 2. If different from Contract Administrator Information in General Contract: Address Telephone Number: 919.489.6282 Fax Number: 919.489.6593 Email:tem'na.housingfornewhope org 3. Name of Program (s): Homelessness Prevention and Rapid Re-housing 4. Status: ( )Public (X) Private, Not for Profit ( )Private, For Profit 5. Contractor's Financial Reporting Year October 15.2009 through August 31, 2012 B. Explanation of Services to be provided and to whom (include SIS Service Code): _ The Contractor will provide approved services under the Homelessness Prevention and Rapid Re-housing Grant The Contractor is required to meet all requirements listed in Attachment N. C. Rate per unit of Service (define the unit): 1. If Standard Fixed Rate, Maximum Allowable, (See Rates for Services Chart) 2. Negotiated County Rate. $482,933 Allocated er Attachment M D. Number of units to be provided: E. Details of Billing process and Time Frames; The County will reimburse the Contractor for services described in this contract up to the budg_etarv limits of the contract allotment See Attachment N for reimbursement guidelines -and timeframes F. Area se li ry site(s): Orange County ~~~ (Signature of County Authorized Person) (Sig ature of Contractor) (Date Submitted) ~~~ , ~~, (Date Submitted) Contract-Scope of Work (06/04) Page lof 1 Contract #68-5001 Housing for New Hope ATTACI~~NT C CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS Orange County Department of Social Services By execution of this Agreement the Contractor certifies that it will provide adrug-free workplace by: A. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the Contractor's workplace and specifying the actions that will be taken against employees for violation of such prohibition; B. Establishing adrug-free awareness program to inform employees about: (1) The dangers of drug abuse in the workplace; (2) The Contractor's policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; C. Making it a requirement that each employee be engaged in the performance of the agreement be given a copy of the statement required by paragraph (A); D. Notifying the employee in the statement required by paragraph (A) that, as a condition of employment under the agreement, the employee will: (1) Abide by the terms of the statement; and (2) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction; E. Notifying the County within ten days after receiving notice under subparagraph (D)(2) from an employee or otherwise receiving actual notice of such conviction; F. Taking one of the following actions, within 30 days of receiving notice under subparagraph (D)(2), with respect to any employee who is so convicted: (1) Taking appropriate personnel action against such an employee, up to and including termination; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; and Making a good faith effort to continue to maintain adrug-free workplace through implementation of paragraphs (A), (B), (C), (D), (E), and (F). Federal Certification -Drug-Free Workplace (06/04) Page 1 of 2 Contract #68-5001 Housing for New Hope II. The site(s) for the performance of work done in connection with the specific agreement are listed below: 1.2505 Homestead Rd. (Street address) Chapel Hill, NC, 27516 (City, county, state, zip code) 2. 18 West Colony Place, Suite 250 (Street address) Durham, NC, 27705 (City, county, state, zip code) Contractor will inform the County of any additional sites for performance of work under this agreement. False certification or violation of the certification shall be grounds for suspension of payment, suspension or termination of grants, or government-wide Federal suspension or debarment (Section 4 CFR Part 85, Section 85.615 and 86.620). ~~- Signatur Executive Director Title Housing for New Hope, Inc. Agency/Organization ~~~~~~G Date (Certification signature should be same as Contract signature.) Federal Certification -Drug-Free Workplace (06/04) Page 2 of 2 Contract #68-5001 Housing for New Hope ATTACHIVII;NT D CONFLICT OF INTEREST POLICY Orange County Department of Social Services Conflict of Interest Defined: A conflict of interest is defined as an actual or perceived interest by a (Contractor/staff memberBoard member) in an action that results in, or has the appearance of resulting in, personal, organizational, or professional gain. A conflict of interest occurs when an employee/Contractor/Board member has a direct or fiduciary interest in another relationship. A conflict of interest could include: - Ownership with a member of the Board of Directors/Trustees or an employee where one or the other has supervisory authority over the other or with a client who receives services. - Employment of or by a member of the Board of Directors/Trustees or an employee where one or the other has supervisory authority over the other or with a client who receives services. - Contractual relationship with a member of the Board of Directors/Trustees or an employee where one or the other has supervisory authority over the other or with a client who receives services. - Creditor or debtor to a member of the Board of Directors/Trustees or an employee where one or the other has supervisory authority over the other or with a client who receives services. - Consultative or consumer relationship with a member of the Board of Directors/Trustees or an employee where one or the other has supervisory authority over the other or with a client who receives services. The defmition of conflict of interest includes any bias or the appearance of bias in a decision-making process that would reflect a dual role played by a member of the organization or group. An example, for instance, might involve a person who is an employee and a Board member, or a person who is an employee and who hires family members as consultants. Employee/ContractorBoard Member Responsibilities: It is in the interest of the organization, individual staff, and Board members to strengthen trust and confidence in each other, to expedite resolution of problems, to mitigate the effect and to minimize organizational and individual stress that can be caused by a conflict of interest. Employees are to avoid any conflict of interest, even the appearance of a conflict of interest. This organization serves the- community as a whole rather than only serving a special interest group. The appearance of a conflict of interest can cause embarrassment to the organization and jeopardize the credibility of the organization. Any conflict of interest, potential conflict of interest, or the appearance of a conflict of interest is to be reported to your supervisor immediately. Employees are to maintain independence and objectivity with clients, the community, and organization. Employees are called to Conflict of Interest Policy (06/04) Page 1 of 3 Contract #68-5001 Housing for New Hope maintain a sense of fairness, civility, ethics and personal integrity even though law, regulation, or custom does not require them. Acceptance of Gifts: Employees, members of employee's immediate family, and members of the Board are prohibited from accepting gifts, money or gratuities from the following: a. Persons receiving benefits or services from the organization; b. Any person or organization performing or seeking to perform services under contract with the organization; and c. Persons who are otherwise in a position to benefit from the actions of any employee of the organization. Employees may, with the prior written approval of their supervisor, receive honoraria for lectures and other such activities while on personal days, compensatory time, annual -leave, or leave without pay. If the employee is acting in any official capacity, honoraria received by an employee in connection with activities relating to employment with the organization are to be paid to the organization. NOTARIZED CONFLICT OF INTEREST POLICY ~e~ a-~-~~~ ~ P ~ State of North Carolina County of Orange I, Notary Public for said County and State, certify that Terry Allebaugh personally appeared before me this day and acknowledged that he/she is Executive Director of Housing for New Hope, Inc., and by that authority duly given and as the act of the corporation, affirmed that the foregoing Conflict of Interest Policy was adopted by the Board of Directors in a meeting held on the 18th day of March, 2009. Sworn to and subscribed before me this day of _ Conflict of Interest Policy (06/04) Page 2 of 3 Contract #68-5001 Housing for New Hope (Official Seal) Notary Public My Commission expires 20 / Attached is the Conflict oflnterest Policy for Housing for New Hope Signature of Corporation. Official ~~ ,SP 2 G~ ~'~ G ~ ~ d Conflict of Interest Policy (06/04) Page 3 of 3 ATTACHMENT~E NOTARIZED CONFLICT OF INTEREST POLICY State of North Carolina County of ~ (A r ~ ~ M I, Q e.4o~A u $y k ,.1 ,Notary Public for said County and State, certify that C (gar I e s ~• (~ ; ~ S o n ~ personally appeared before me this day and acknowledged that helshe is t ~V1 A ~1 r fY~ Gi n of ~ 0 U S i n {~ P u~ {-~ ~ ~Q... [enter name of entity] and by that authority duly given and as the act of the Organization, affirmed that the foregoing Conflict of Interest Policy was adopted by the Board of Directors/Trustees or other governing body in a meeting held on the ~$+~` day of march ~o . Sworn to and subscribed before me this ~ d ~- .day of ~ ~ ~~ ,~~111111/~~ `~~~~ .~BORq./}~~rri~ ~K1+li (Official Seal) = ,'~ ' ~~ ~~ ~ O ~_ ~ ~ : x ` otary Public ~- ~ • ~ ~ O - ~ ~ rc .~ D~-a ~- ~v '• G . My Commission expires f~i~ '•'•••••••'•; ~ ~` ~-- Instruction for Organization: Sign and attach"the following pages after adopted by the Board of Directors/Trustees or other governing body OR replace the following with the current adopted conflict of interest policy. ' OU S~ n ~ -4-o r (~~ P ~ 1 ~ ©P -~ Name of Organiza 'on Signature of Orga ization Official NCDHHS COI1015 (Rev. 2/08) Page 12 Housing for New Hope Preventing and Ending Homelessness, One Valuable Person at a Time CODE OF CONDUCT The following standards of conduct govern the performance of any officer, employee or agent of Housing for New Hope, Inc. who is involved in the award or administration of procurement contracts, including vendor contracts, lease contracts, construction contracts, and program services or administrative services contracts. CONFLICTS OF INTEREST. Officers, employees and agents of Housing for New Hope, Inc. are prohibited from participating directly or indirectly in the selection, award or administration of any procurement contract if a conflict of interest, whether real or apparent, would be involved. Such a conflict of interest would arise when a financial or other interest in a firm selected for award is held by: 1. An officer, employee or agent involved in making the award; or 2. A member of the immediate family of such a person; or 3. The business partner of such a person; or 4. An organization that employs or is about to employ such a person. GIFTS AND GRATUITIES. Officers, employees and agents of Housing for New Hope, Inc. are prohibited from soliciting or accepting gifts, gratuities, favors or anything of monetary value from vendors, contractors, potential contractors or parties to subcontracts. DISCIPLINARY ACTION. The Executive Director is responsible for taking prompt action to review and correct any violation of this code of conduct and discipline responsible individuals. Disciplinary actions will include any reasonable and consistent measures appropriate to the situation, up to and including dismissal. COMMUNICATION. The Executive Director is responsible for identifying officers, employees and agents of Housing for New Hope, Inc. who are involved in the award or administration of procurement contracts, and for obtaining written acknowledgment and cert~cation from each such person that they have. read and understand these standards of conduct. ACKNOWLEDGMENT AND CERTIFICATION. I, Terrv Allebau~h, certify that: 1) I have read and understand the Housing for New Hope, Inc. Code of Conduct; 2) 1 am not presently aware of any violations of these standards; and 3) I shall promptly notify the Executive Director of any potential or actual violations that may come to my attention. ~-- Signature Date J ORIGINAL EFFECTIVE DATE OF THIS POLICY: June 15, 2005 THIS POLICY WAS REVISEDlAPPROVED BY: HNH BOARD OF DIRECTORS on 3/18/09. 18 West Colony Place, Suite 250, Durham, NC 27705 phone: (919) 489-6282 fax: (919) 489-6593 www.housingfornewhope.org Housing for New Hope - Preventing and Ending Hornelessnerr, One Valuable Perron at a Time ttac merit State Grant Certification - No Overdue Tax Debts 1 -- Instructions: Grantee should complete this certification for all state funds received. Entity should enter appropriate data in the yellow highlighted areas. The completed and signed form should be provided to the state agency funding the grant to be attached to the contract for the grant funds. A copy of this form, along with the completed contract, should be kept by the funding agency and available for review by the Office of the State Auditor 02/26/2009 To: State Agency Head and Chief Fiscal Officer Certification: We certify that Housing for New Hope, Inc. does not have any overdue tax debts, as defined by N.C.G.S. 105-243.1, at the federal, State, or local level. We further understand that any person who makes a false statement in violation of N.C.G.S. 143C-ti-23(c) is guilty of a criminal offense punishable as provided by N.C.G.S. 143-34(b). Swom Statement: Charles Wilson and Teny Allebaugh being duly sworn, say that we are the Board Chair and Executive - -- -- --Director respectively, af-Housing-for New-Hope of-Ducham~ in the.State of_North Carolina; _and_that the - __ _ foregoing certification is true, accurate-andcomplefe to the besf of our knowledge and v/as made and subscribed by us. We also acknowledge and understand that any misuse of State funds will be reported to the appropriate authorities for further action. Bo.;3r~e air Executive Director Swom to and subscribed before me on the day of the date of said certification. ~ My Commission Expires: 0 3- a ti- of J I J (Notary Signature rid Seal) If there are any questions, please contact the North Carolina Office of the State Auditor. ~~~ '4L.p;H K J ~~i Leigh Ann Kerr ~ (919) 807-7535 or `~~ 0•.•• '~. O~ i~~ Harriet Abraham ~ (919) 807-7673. ~ ,C{lR;: pTAR,~ ~,y, STATE CONTRACT# FDD-08-078-32-SKP = Q ~ ~ = U ~~ ..~~~ •z= G.S. 105-243.1 defines: "Overdue tax debt. -Any part of a tax debt that remains unpaid 90 days ere a111~1BS,'tG .•';yY. the notice of final assessment was mailed to the taxpayer. The term does not include a tax debt, ho tii~he_•..•'1~,` .~~ notice of final assessment was ma ledgand hastnot failed to makenany payment d3ue u'nderthe nstal~tit~ -M CO~~`'``` ///llllltt agreement.° Page 1 of 1 MS&NCD Form 0008 Eff. July 1, 2005 v d Jul ,1 g, 200 7J07 ~~ ~est ~olony~'lace, Suite 250, Durham, NC 27705 phone: (919) 489-6282 fax: (919) 489-6593 wvvw.housingfornewhope.org Contract #68-5001 Housing for New Hope ATTACHMENT G CERTIFICATION REGARDING LOBBYING Orange County Department of Social Services The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federally funded contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form SF-LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award document for subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) who receive federal funds of $100,000.00 or more and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000.00 and not more than $100,000.00 for each such failure. ~, Signatur Housing for New Hope, Inc. Agency/Organization Executive Director Title ,~I y I J~ Date (Certification signature should be same as Contract signature.) Federal Certification -Lobbying (06/04) Page 1 of 1 Contract #68-5001 Housing for New Hope ATTACHMENT H CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION-LOWER TIER COVERED TRANSACTIONS Orange County Department of Social Services Instructions for Certification 1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. 2. The certification in this clause is a material representation of the fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. .The prospective lower tier participant will provide immediate written notice to the person to which the proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter any lower tier covered transaction with a person who is debarred, suspended, determined ineligible or voluntarily excluded from participation in this covered transaction unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency of which it Federal Certification -Debarment (06/04) Page 1 of 2 Contract #68-5001 Housing for New Hope determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized in paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension, and/or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions (1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. ~~ `~ ~/ll Signature Executive Director Title Housing for New Hope, Inc. Agency/Organization i~~ ~ Date (Certification signature should be same as Contract signature.) Federal Certification -Debarment (06/04) Page 2 of 2 Contract #68-5001 Housing for New Hope ATTACHMENT M BUDGET Orange County Department of Social Services October 15, 2009 -August 31, 2012 Cost T e Prevention Ra id Re-Housin Total FINANCIAL ASSISTANCE Rent Assistance $ 210,000 $ 143,804 $ 353,804 Securi De osits $ 30,000 $ 20,000 $ 50,000 Utili De osits $ 20,000 $ 10,000 $ 30,000 Utili Pa ents $ 15,000 $ 25,200 $ 40,200 Movin Cost Assistance $ 1,800 $ 4,400 $ 6,200 Motel & Hotel Vouchers $ $ 4,400 $ 4,400 Financial Assistance Staff Costs $ 47,520 $ 37,611 $ 85,131 Overhead Financial Costs $ 3,327 $ 2,633 $ 5,960 Subtotal $ 327,647 $ 248,048 $ 575,695 HOUSIlYG RELOCATION & STABILIZATION COSTS Case Mana ement $ 151,257 $ 77,533 $ 228,790 Outreach & En a ement $ 1,500 $ 2,314 $ 3,814 Housin Search & Placement $ 3,000 $ 80,133 $ 83,133 Le al Services $ 3,600 $ 1,800 $ 5,400 Credit Re air $ 4,500 $ 1,350 $ 5,850 Overhead Services Costs $ 7,562 $ 44,042 $ 51,604 Subtotal $171,419 $ 207,172 $ 378,591 DATA COLLECTION/FIlVIIS E ui ment/Internet Access $ 4,200 $ 4,713 $ 8,913 Data Collection Staff Costs $ $ 23,000 $ 23,000 User Fees. $ 3,900 $ $ 3,900 Subtotal $ 8,100 $ 27,713 $ 35,813 Total $ 507,166 $ 482,933 $ 990,099 Admire 1 % $ 9,901 Total $1,000,000 Contract #68-5001 Housing for New Hope ATTAC)E~VVIENT N OUTCOMES AND REPORTING Orange County Department of Social Services By signing and submitting this document, the Contractor certifies that it agrees to the following: 1. Training.... All core HPRP project staff, including case managers, case management supervisors, grant .managers,. CHIN. data entry and monitor staff, and. fmancial processors must attend HPRP training provided by the state before providing HPRP services. Documentation: Copy of certificate. of training completion 2. Eligibility Screening and Intake Contractor will engage in HPRP intake using State provided intake forms documenting housing status, income eligibility, and financial and social supports available to prevent homelessness. Contractor will only provide HPRP services to eligible participants. If Contractor provides services to ineligible participants then Contractor will reimburse the State for those funds from anon-HPRP funding source. Documentation: Participant files and appropriate data entered into CHIN 3. Case Management Contractor will have 3.5 months from execution of contract to ramp-up to full case loads. By February 2010 grantee caseloads should be a minimum of 12 households per full-time rapid re- housing caseworker or 22 households per full-time prevention caseworker. Contractor will maintain full caseloads until diminishing funds prevent full caseloads.. Case workers will be responsible for financial assistance determination as well as for the development and assisting participant in implementing Housing Stabilization Action Plans. Documentation: CHIN Reports and Timesheets 4. Outreach Contractor will be responsible for adequate outreach to ensure full caseloads, awareness by professionals serving the focus population, and access by most if not all eligible populations. Documentation: CHIN Reports; listings of outreach visits/initiatives including dates; copies of outreach materials 5. Financial Assistance Documentation Contractor will be responsible for all required documentation for financial assistance. Such documents include, but are not limited to, housing assistance payment agreements, leases, utility payment receipts, documentation of utilities in the recipients name, unit inspection, etc. Documentation: Participant file and Reimbursement Requests Outcomes (06/04) Page 1 of 4 Contract #68-5001 Housing for New Hope 6. Recertification Contractor will be responsible for recertification of any household that is to receive more than 3 months of services. Recertification will verify that the household still meets the eligibility criteria, including but not limited to income certification. Documentation: CHIN Reports 7. Carolina Homeless Information Network (CHIN) Contractor will.be responsible for ensuring that allstaff involved in CHIN data entry or CHIN data monitoring participate in HPRP CHIN training. Staff responsible for CHIN data entry or monitoring is expected to take advantage of available technical assistance in an assertive, proactive manner to ensure their ability to meet the requirements for accurate data entry. Contractors will input, regularly review, and correct, if necessary, 100% of required data fields into CHIN within one week of client contact and/or service and daily during the last week of the quarter. Data fields include, but are not limited to: Eligibility, demographic, and risk factor data for participant households, services provided to households, Financial Assistance (dollar amounts per individual) and salaried staff time spent directly on work with HPRP households. In addition, CH1N will provide monthly data quality reports to Contractors and the State Partners. Documentation: CHIN reports, participant files 8. Reimbursement A. Contractor will submit reimbursement requests to the Orange County Department of Social Services using forms supplied by the State with required documentation/proof ofpayment and maintaining additional required documentation in household (participant) files and in the CHIN system. Reimbursement requests will be verified, before payment is made, against data entered into CHIN. B. Reimbursements for Contractor staff will require timesheets or documentation of indirect cost rates. C. Reimbursement for any activities for which the Contractor sub-contracts will require a paid invoice for reimbursement from the Orange County Department of Social Services. Contractor will be responsible for all funds allocated to asub-contractor. If funds are misused by asub-contractor the Contractor will reimburse the Orange County Department of Social Services with another funding source. Documentation: Reimbursement forms, reimbursement documentation, CHIN reports, participant files, timesheets or documentation of indirect cost rates, cost allocation plans and paid invoices. 9. Monitoring A. Contractor will make electronic or paper copies of intake forms and eligibility screening criteria for a minimum of the 5 first cases enrolled and 3 first cases not enrolled into the HPRP program. Copies will be made with names and social security numbers blacked out. Copies will be sent to the Orange County Department of Social Services. Copies of additional files may be requested. Outcomes (06/04) Page 2 of 4 Contract #68-5001 Housing for New Hope B. Contractor will participate in all monitoring activities, programmatic and/or fiscal, state and/or federal, field and/or desk monitoring (materials mailed/emailed in to the Orange County Department of Social Services). a. At a minimum, participant file monitoring will include review of households that were not enrolled into the program, households that are currently enrolled in the program, and households that have exited the program (unless no households have yet exited). i. Participant file monitoring will include, but is not limited to, eligibility determination and recertification, Housing Stabilization Action Plans, financial assistance determination, financial assistance documentation, referral and follow up documentation, and-CHIN consent forms. b. Fiscal monitoring will include monitoring of fiscal processes, financial documentation of expenses, and eligibility documentation in client files. c. Programmatic monitoring will also include review of CHIN data entry and monitoring practices. C. Frequency of monitoring visits may be based on performance as documented in CHIN. Each Contractor will be monitored at least once in a calendar year. Documentation: Monitoring reports and participant files 10. Spending Rates A. The State must expend 60% of funds by August 31, 2011. Failure to do so may result in recapture by the federal government. B. Therefore, Contractors are strongly encouraged to expend 15% of funds by August 31, 2010. C. Contractors that have not expended 45% of funds by Apri130, 2011 may have a portion or all of their funds recaptured for redistribution to other North Carolina Contractors. D. Contractors must expend 100% of funds by August 31, 2012. Therefore, Contractors that have not expended 85% of funds by Apri130, 2012 may have a portion or all of their remaining funds recaptured for redistribution to other North Carolina Contractors. E. Contractors are allowed to spend 100% of funds before August 31, 2012. Documentation: Fiscal reports 11. Performance At the end of six months of program operation and periodically thereafter, the Orange County Department of Social Services will use CHIN reports to ascertain actual averages of housing stability outcomes, taking into account the number and weight of risk factors and the level of housing barriers faced by participating households. Contractors that have housing stability outcomes that are less than 75% of the statewide average will receive additional technical assistance and may have some or all of their program funds reallocated to high performing Contractors. Documentation: CHIN reports, participant files, monitoring reports. 12. Reporting Outcomes (06/04) Page 3 of 4 Contract #68-5001 Housing for New Hope A. Contractors will be responsible for accurate and complete CHIN data entry and reimbursement requests. All CHIN data entry for the quarter must be entered into CHIN by the end of the third month of the quarter. All reimbursement requests must be submitted to the Orange County Department of Social Services by the end of the third month of the quarter. The Orange County Department of Social Services will need to process data and reimbursement requests in order to submit its federal report by the 5th of the month following the third month of the quarter. B. Contractors will be responsible for submitting accurate information about jobs created and retained on a quarterly basis using a spreadsheet provided by the state. These HPRP Funded Jobs Reports will be due by the final day of each federal quarter. Documentation: CHIN Reports; HPRP Funded Jobs Reports 13. Transition Plans A. Contractor will begin work with all active HPRP participants in developing a transition plan by month 14 of program enrollment. The plan should ensure that program participants will remain stably housed once HPRP program assistance has terminated at the end of 18 months. Transition plans will include plans for housing options and stabilization services. Transition plans will be kept in participant files. B. In April 2012, the Contractor will begin work with all of its active HPRP participants to draft a transition plan. The transition plan will include plans for alternative housing options and stabilization services for participants. Transition plans will be kept in participant files. Documentation: Participant files f~ Signatur Housing for New Hope, Inc. Agency/Organization Executive Director Title I~~~l~~y Date (Certification signature should be same as Contract signature.) Outcomes (06/04) Page 4 of 4