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HomeMy WebLinkAboutConsolidated Homeless Grant - Contract 0 IT MASON COUNTY ll In lip 17 COMMUNITY SERVICES 4 Community Health & Human Services FY 2017 Consolidated Homeless Grant Sub - Contractor Agreement Between : Mason County and Community Action Council For The CHG is designed to support an integrated system of housing assistance to prevent homelessness and quickly re- house households who are unsheltered . This grant provides resources to address the needs of people who are homeless or at risk of homelessness , as described in Local Homeless Plans . Start date : 07/01 /2017 MASON COUNTY CONSOLIDATED HOMELESS GRANT SUB -CONTRACTOR AGREEMENT CONTRACT # CAC -2017 . 1 THIS CONTRACT is made and entered into by and between Mason County , hereinafter referred to as " COUNTY" and Community Action Council , hereinafter referred to as " CONTRACTOR . " Contracted Entity Community Action Council Address 3020 Willamette Dr. NE -City , State , Zip Code Lacey , WA 98516 Phone 360438 - 1100 x 1135 Primary Contact Name , Title Kirsten York , Director of Family Services Primary Contact Phone & E-mail 360438- 1100 x 1135 ; kirsteny@caclmt. org Contractor Fiscal Contact Brian Sanda Contractor Fiscal Phone & Email 360-438- 1100 ext. 1129 ; brians@caclmt. org -Washington State UBI# 600 503 120 Federal EI N 91 -0818368 Total Award/Contract Value $ 554 , 832 . 30/Year for 2 years 2163 Funds Awarded None CHG Funds Awarded None HEN Funds Awarded $ 554 , 832 . 30 / Year for 2 years 2060 Funds Awarded None Contract Term Duration July 1 , 2017 -June 30 , 2019 County Contract Contact Lydia Buchheit, Community Health Manager County Contract Email & Phone Lydia b co . mason . wa . us 360-427 -9670 ext404 County Fiscal Contact Casey Bingham , Fiscal Manager County Fiscal Email & Phone Qqqgyb@.co . mason . wa . us 360-427-9670 ext. 562 The CHG is designed to support an integrated system of housing assistance to prevent homelessness and quickly re - house households who are unsheltered . This grant provides resources to address the needs of people who are homeless or at risk of homelessness , as described in Local Homeless Plans . COUNTY and CONTRACTOR , as defined above , acknowledge and accept the terms of this contract and attachments and have executed this contract on the date below to start as of the date and year referenced above . The rights and obligations of both parties to this contract are governed by this contract including Grant Terms and Conditions , Exhibit A- Scope of Work, Exhibit B - Compensation , Exhibit C - Insurance and the following other documents incorporated by reference : Housing RFP Application and disclosures , CHG Guidelines ( as they may be revised from time to time ) . CONTRACTOR BOARD OF COUNTY COMMISSIONERS MASON C Y, WASHINGTON V. 1 Agency Na a L cu-%wm%, e sw; 74% Kevin S tty , Chair C- C.VvµG\ PS / llll Au oriz Signatuee Date 11� , i �sk�� APPROVED AS TO FORM . Print Name & Title CaiI Tim W itehea ,Chief DPA Date CHG Sub- recipient Agreement (rev 06/2017) Page 1 Contract # «Contract_Number» SPECIAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS 1 . GRANT MANAGEMENT The Representative for each of the parties shall be responsible for and shall be the contact person for all communications and billings regarding the performance of this Grant . The Representative for MASON COUNTY and their contact information are identified on the Face Sheet of this Grant . The Representative for the Grantee and their contact information are identified on the Face Sheet of this Grant. 2 . COMPENSATION MASON COUNTY shall pay an amount not to exceed the amount shown on the Grant face sheet for the performance of all things necessary for or incidental to the performance of work as set forth in the Scope of Work . Grantee ' s compensation for services rendered shall be in accordance with Attachment A-Scope of Work . CHG funding is granted and reimbursed in the following cost categories : A . Base Funding — Administration ; Data Collection ; Program Operations for Facility- Based Housing - Households with minor children and Individuals and Households without minor children ; Facility Support - Households with minor children and Individuals and Households without minor children ; Rent Assistance and Program Operations — All Households . B . TANF Households_Rent Assistance and Program Operations — TANF Households . C . Housing and Essential Needs — Administration ; Rent/Operations/Essential Needs . D . Performance Funding_ Reduced length of stay in temporary housing , reduced returns to homeless housing programs , housing persons exiting systems of care ; Permanent Supportive Housing No more than 15 % of the total budget shall be expended for administrative costs . 3 . ELIGIBLE USE OF FUNDS Funding awarded under this Grant may only be used for eligible activities and expenses described in the current CHG Program Guidelines . These guidelines are attached (Attachment C ) and are incorporated by reference . 4 . PROHIBITIONS The Grantee or its Sub Grantees shall not require eligible clients to participate in a religious service as a condition of receiving program assistance . 5 . BILLING PROCEDURES AND PAYMENT MASON COUNTY will pay Grantee upon acceptance of services provided and receipt of properly completed MASON COUNTY invoices , which shall be submitted to the Representative for MASON COUNTY not more often than monthly . Exceptions to the single billing per month ( or quarterly) can be made by MASON COUNTY on a case- by- case basis . MASON COUNTY may , in its sole discretion , terminate the Grant or withhold payments claimed by the Grantee for services rendered if the Grantee fails to satisfactorily comply with any term or condition of this Grant . No payments in advance or in anticipation of services or supplies to be provided under this Grant shall be made by MASON COUNTY . Invoices must include HMIS documentation and back-up documentation of expenditures supporting the reimbursement request . Back- up documentation can be reports from your accounting system that clearly identify the expenditures that are being requested for reimbursement or copies of receipts in the absence of accounting system reports . In either case , back- up documentation should fully substantiate the reimbursement request . All invoices must have an original signature and are due to MASON COUNTY as close to the Vt of each month to expedite the reimbursement process Duplication of Billed Costs CHG Sub-recipient Agreement (rev 02/2015) Page 2 Contract * «Contract_Number)) The Grantee shall not bill MASON COUNTY for services performed under the Grant, and MASON COUNTY shall not pay the Grantee , if the Grantee is entitled to payment or has been or will be paid by any other source , including grants , for that service . Disallowed Costs The Grantee is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its sub grantees . 6 . INSURANCE The Grantee shall provide insurance coverage as set out in Exhibit B . DOCUMENTS ON FILE Documents consistent with federal and state regulations , as applicable , shall be kept on file in the office of the local agency and available for review. 7 . ORDER OF PRECEDENCE In the event of an inconsistency in this Grant , the inconsistency shall be resolved by giving precedence in the following order : • Applicable federal and state of Washington statutes and regulations • Grant Face Sheet • Special Terms and Conditions • Attachment A — Scope of Work • Attachment B — Insurance • CHG Guidelines • CHG Application , as revised • General Terms and Conditions Page 3 GENERAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS 1 . DEFINITIONS As used throughout this Grant , the following terms shall have the meaning set forth below: A . " Authorized Representative" shall mean the Director and/or the designee authorized in writing to act on the Director' s behalf. B . " Grantee" shall mean the entity identified on the face sheet performing service ( s ) under this Grant, and shall include all employees and agents of the Grantee . C . " COUNTY" shall mean MASON COUNTY . D . " Personal Information " shall mean information identifiable to any person , including , but not limited to , information that relates to a person ' s name , health , finances , education , business , use or receipt of governmental services or other activities , addresses , telephone numbers , social security numbers , driver license numbers , other identifying numbers , and any financial identifiers . E . " State" shall mean the State of Washington . F . " Sub grantee/subcontractor" shall mean one not in the employment of the Grantee , who is performing all or part of those services under this Grant under a separate Grant with the Grantee . The terms " sub grantee/subcontractor" refers to any tier. G . " Subrecipient" shall mean a non -federal entity that expends federal awards received from a pass-through entity to carry out a federal program , but does not include an individual that is a beneficiary of such a program . It also excludes vendors that receive federal funds in exchange for goods and/or services in the course of normal trade or MASON COUNTY. H . "Vendor" is an entity that agrees to provide the amount and kind of services requested by MASON COUNTY; provides services under the grant only to those beneficiaries individually determined to be eligible by MASON COUNTY and , provides services on a fee-for-service or per- unit basis with contractual penalties if the entity fails to meet program performance standards . 2 . ACCESS TO DATA In compliance with RCW 39 . 26 . 180 , the Grantee shall provide access to data generated under this Grant to MASON COUNTY , the state of Washington , the Joint Legislative Audit and Review Committee , and the Office of the State Auditor at no additional cost. This includes access to all information that supports the findings , conclusions , and recommendations of the Grantee' s reports , including computer models and the methodology for those models . 3 . ADVANCE PAYMENTS PROHIBITED No payments in advance of or in anticipation of goods or services to be provided under this Grant shall be made by MASON COUNTY. 4. ALL WRITINGS CONTAINED HEREIN This Grant contains all the terms and conditions agreed upon by the parties . No other understandings , oral or otherwise , regarding the subject matter of this Grant shall be deemed to exist or to bind any of the parties hereto . 5 . AMENDMENTS This Grant may be amended by mutual agreement of the parties . Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties . 6 . AMERICANS WITH DISABILITIES ACT ( ADA) OF 1990 , PUBLIC LAW 101 -336 , also referred to as the " ADA" 28 CFR Part 35 The Grantee must comply with the ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations , state and local government services , and telecommunications . Page 14 7 . ASSIGNMENT Neither this Grant, nor any claim arising under this Grant, shall be transferred or assigned by the Grantee without prior written consent of MASON COUNTY. 8 , ATTORNEYS ' FEES Unless expressly permitted under another provision of the Grant , in the event of litigation or other action brought to enforce Grant terms , each party agrees to bear its own attorney' s fees and costs . 9 . AUDIT A. General Requirements Grantee ' s are to procure audit services based on the following guidelines . The Grantee shall maintain its records and accounts so as to facilitate the audit requirement and shall ensure that Sub grantees also maintain auditable records . The Grantee is responsible for any audit exceptions incurred by its own organization or that of its Sub grantees . MASON COUNTY reserves the right to recover from the Grantee all disallowed costs resulting from the audit . Responses to any unresolved management findings and disallowed or questioned costs shall be included with the audit report. The Grantee must respond to MASON COUNTY requests for information or corrective action concerning audit issues within thirty ( 30 ) days of the date of request . B . State Funds Requirements In the event an audit is required , if the Grantee is a state or local government entity , the Office of the State Auditor shall conduct the audit . Audits of non- profit organizations are to be conducted by a certified public accountant selected by the Grantee . The Grantee shall include the above audit requirements in any sub grants . In any case , the Grantee ' s financial records must be available for review by MASON COUNTY. C . Documentation Requirements The Grantee must send a copy of the audit report described above no later than nine ( 9 ) months after the end of the Grantee ' s fiscal year( s ) by sending a scanned copy or a hard copy to : ATTN : Program Manager Community Services-Community Health & Human Services Division 415 N . 6th Street Shelton WA 98584 In addition to sending a copy of the audit, when applicable , the Grantee must include : • Corrective action plan for audit findings within three ( 3 ) months of the audit being received by MASON COUNTY . • Copy of the Management Letter. If the Grantee is required to obtain a Single Audit because of Circular A- 133 requirements , no other report is required . 10 . CONFIDENTIALITY/SAFEGUARDING OF INFORMATION A . " Confidential Information " as used in this section includes : 1 . All material provided to the Grantee by MASON COUNTY that is designated as " confidential " by MASON COUNTY ; 2 . All material produced by the Grantee that is designated as " confidential " by MASON COUNTY; and 3 . All personal information in the possession of the Grantee that may not be disclosed under state or federal law.,- " Personal information " includes but is not limited to information related to a person ' s name , health , finances , education , business , use of government services , addresses , telephone numbers , social security number, driver' s license number and other identifying numbers , and " Protected Health Information " under the federal Health Insurance Portability and Accountability Act of 1996 ( HIPAA) . Page 5 B . The Grantee shall comply with all state and federal laws related to the use , sharing , transfer, sale , or disclosure of Confidential Information , The Grantee shall use Confidential Information solely for the purposes of this Grant and shall not use , share , transfer, sell or disclose any Confidential Information to any third party except with the prior written consent of MASON COUNTY or as may be required by law . The Grantee shall take all necessary steps to assure that Confidential Information is safeguarded to prevent unauthorized use , sharing , transfer, sale or disclosure of Confidential Information or violation of any state or federal laws related thereto . Upon request, the Grantee shall provide MASON COUNTY with its policies and procedures on confidentiality . MASON COUNTY may require changes to such policies and procedures as they apply to this Grant whenever MASON COUNTY reasonably determines that changes are necessary to prevent unauthorized disclosures . The Grantee shall make the changes within the time period specified by MASON COUNTY . Upon request , the Grantee shall immediately return to MASON COUNTY any Confidential Information that MASON COUNTY reasonably determines has not been adequately protected by the Grantee against unauthorized disclosure . C . Unauthorized Use or Disclosure . The Grantee shall notify MASON COUNTY within five ( 5 ) working days of any unauthorized use or disclosure of any confidential information , and shall take necessary steps to mitigate the harmful effects of such use or disclosure . 11 . CONFLICT OF INTEREST Notwithstanding any determination by the Executive Ethics Board or other tribunal , MASON COUNTY may , in its sole discretion , by written notice to the GRANTEE terminate this Grant if it is found after due notice and examination by MASON COUNTY that there is a violation of the Ethics in Public Service Act, Chapter 42 . 52 RCW ; or any similar statute involving the Grantee in the procurement of, or performance under this Grant. In the event this Grant is terminated as provided above , MASON COUNTY shall be entitled to pursue the same remedies against the Grantee as it could pursue in the event of a breach of the Grant by the Grantee . The rights and remedies of MASON COUNTY provided for in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law. The existence of facts upon which MASON COUNTY makes any determination under this clause shall be an issue and may be reviewed as provided in the " Disputes" clause of this Grant . 12 . COPYRIGHT PROVISIONS Unless otherwise provided , all Materials produced under this Grant shall be considered "works for hire" as defined by the U . S . Copyright Act and shall be owned by MASON COUNTY. MASON COUNTY shall be considered the author of such Materials . In the event the Materials are not considered "works for hire" under the U . S . Copyright laws , the Grantee hereby irrevocably assigns all right , title , and interest in all Materials , including all intellectual property rights , moral rights , and rights of publicity to MASON COUNTY effective from the moment of creation of such Materials . " Materials " means all items in any format and includes , but is not limited to , data , reports , documents , pamphlets , advertisements , books , magazines , surveys , studies , computer programs , films , tapes , and/or sound reproductions . " Ownership " includes the right to copyright , patent, register and the ability to transfer these rights . For Materials that are delivered under the Grant , but that incorporate pre -existing materials not produced under the Grant, the Grantee hereby grants to MASON COUNTY a nonexclusive , royalty-free , irrevocable license (with rights to sublicense to others) in such Materials to translate , reproduce , distribute , prepare derivative works , publicly perform , and publicly display . The Grantee warrants and represents that the Grantee has all rights and permissions , including intellectual property rights , moral rights and rights of publicity , necessary to grant such a license to MASON COUNTY. The Grantee shall exert all reasonable effort to advise MASON COUNTY , at the time of delivery of Materials furnished under this Grant , of all known or potential invasions of privacy contained therein and of any portion of such document which was not produced in the performance of this Grant. The Grantee shall provide MASON COUNTY with prompt written notice of each notice or claim of infringement received by the Grantee with respect to any Materials delivered under this Grant. MASON COUNTY shall have the right to modify or remove any restrictive markings placed upon the Materials by the Grantee . 13 . DISPUTES Except as otherwise provided in this Grant , when a dispute arises between the parties and it cannot be resolved by direct negotiation , either party may request a dispute hearing with the Director of Public Health and Social Services for MASON COUNTY , who may designate a neutral person to decide the dispute . The request for a dispute hearing must : • be in writing ; • state the disputed issues ; Page 6 • state the relative positions of the parties ; • state the Grantee 's name , address , and Contract number; and • be mailed to the Director and the other party' s ( respondent' s) Grant Representative within three ( 3 ) working days after the parties agree that they cannot resolve the dispute . The respondent shall send a written answer to the requestor' s statement to both the Director or the Director' s designee and the requestor within five ( 5 ) working days . The Director or designee shall review the written statements and reply in writing to both parties within ten ( 10 ) working days . The Director or designee may extend this period if necessary by notifying the parties . The decision shall not be admissible in any succeeding judicial or quasi -judicial proceeding . The parties agree that this dispute process shall precede any action in a judicial or quasi -judicial tribunal . Nothing in this Grant shall be construed to limit the parties ' choice of a mutually acceptable alternate dispute resolution (ADR ) method in addition to the dispute hearing procedure outlined above . 14 . DUPLICATE PAYMENT MASON COUNTY shall not pay the Grantee , if the Grantee has charged or will charge the State of Washington or any other party under any other Grant , subgrant/subcontract , or agreement, for the same services or expenses . 15 . GOVERNING LAW AND VENUE This Grant shall be construed and interpreted in accordance with the laws of the state of Washington , and the venue of any action brought hereunder shall be in the Superior Court for MASON COUNTY . 16 . INDEMNIFICATION To the fullest extent permitted by law , the Grantee shall indemnify , defend , and hold harmless the state of Washington , MASON COUNTY , agencies of the state/county and all officials , agents and employees of the state/county , from and against all claims for injuries or death arising out of or resulting from the performance of the contract. " Claim " as used in this contract, means any financial loss , claim , suit , action , damage , or expense , including but not limited to attorney ' s fees , attributable for bodily injury , sickness , disease , or death , or injury to or the destruction of tangible property including loss of use resulting therefrom . The Grantee' s obligation to indemnify , defend , and hold harmless includes any claim by Grantee ' s agents , employees , representatives , or any subgrantee/subcontractor or its employees . The Grantee expressly agrees to indemnify , defend , and hold harmless the State and /or the COUNTY for any claim arising out of or incident to Grantee ' s or any subgrantee' s/subcontractor' s performance or failure to perform the Grant . Grantee ' s obligation to indemnify , defend , and hold harmless the State and/or COUNTY shall not be eliminated or reduced by any actual or alleged concurrent negligence of the State and the COUNTY or its agents , agencies , employees and officials . The Grantee waives its immunity under Title 51 RCW to the extent it is required to indemnify , defend and hold harmless the state and or the COUNTY and its agencies , officers , agents or employees . 17 . INDEPENDENT CAPACITY OF THE CONTRACTOR The parties intend that an independent contractor relationship will be created by this Grant . The Contractor and its employees or agents performing under this Contract are not employees or agents of the state of Washington or MASON COUNTY . The Contractor will not hold itself out as or claim to be an officer or employee of MASON COUNTY or of the state of Washington by reason hereof, nor will the Contractor make any claim of right , privilege or benefit which would accrue to such officer or employee under law. Conduct and control of the work will be solely with the Contractor. 18 . INDUSTRIAL INSURANCE COVERAGE The Grantee shall comply with all applicable provisions of Title 51 RCW , Industrial Insurance . If the Grantee fails to provide industrial insurance coverage or fails to pay premiums or penalties on behalf of its employees as may be required by law, MASON COUNTY may collect from the Grantee the full amount payable to the Industrial Insurance Accident Fund , MASON COUNTY may deduct the amount owed by the Grantee to the accident fund from the amount payable to the Grantee by MASON COUNTY under this Contract, and transmit the deducted amount to the Page 1 7 Department of Labor and Industries , ( L & I ) Division of Insurance Services . This provision does not waive any of L & I ' s rights to collect from the Grantee . 19 . LAWS The Grantee shall comply with all applicable laws , ordinances , codes , regulations and policies of local and state and federal governments , as now or hereafter amended including , but not limited to : Washington State Laws and Regulations A . Affirmative action , RCW 41 , 06 , 020 ( 1 ) . B . Boards of directors or officers of non - profit corporations — Liability - Limitations , RCW 4 . 24 . 264 , Co Disclosure-campaign finances- lobbying , Chapter 42 . 17 RCW . D . Discrimination - human rights commission , Chapter 49 . 60 RCW. E . Ethics in public service , Chapter 42 . 52 RCW . F . Office of minority and women ' s business enterprises , Chapter 39 . 19 RCW and Chapter 326-02 WAC . G . Open public meetings act , Chapter 42 . 30 RCW . H . Public records act, Chapter 42 . 56 RCW . I . State budgeting , accounting , and reporting system , Chapter 43 . 88 RCW. 20 . LICENSING , ACCREDITATION AND REGISTRATION The Grantee shall comply with all applicable local , state , and federal licensing , accreditation and registration requirements or standards necessary for the performance of this Contract. 21 , NONCOMPLIANCE WITH NONDISCRIMINATION LAWS During the performance of this Grant , the Contractor shall comply with all federal , state , and local nondiscrimination laws , regulations and policies . In the event of the Contractor' s non -compliance or refusal to comply with any nondiscrimination law , regulation or policy , this Grant may be rescinded , canceled or terminated in whole or in part, and the Contractor may be declared ineligible for further Grants with MASON COUNTY . The Contractor shall , however , be given a reasonable time in which to cure this noncompliance . Any dispute may be resolved in accordance with the " Disputes" procedure set forth herein . 22 . POLITICAL ACTIVITIES Political activity of Contractor employees and officers are limited by the State Campaign Finances and Lobbying provisions of Chapter 42 . 17 RCW and the Federal Hatch Act, 5 USC 1501 - 1508 . No funds may be used for working for or against ballot measures or for or against the candidacy of any person for public office . 23 . PUBLICITY The Grantee agrees not to publish or use any advertising or publicity materials in which the state of Washington or MASON COUNTY' s name is mentioned , or language used from which the connection with the state of Washington ' s or MASON COUNTY' s name may reasonably be inferred or implied , without the prior written consent of MASON COUNTY, 24 , RECAPTURE In the event that the Grantee fails to perform this Grant in accordance with state laws , federal laws , and/or the provisions of this Grant , MASON COUNTY reserves the right to recapture funds in an amount to compensate MASON COUNTY for the noncompliance in addition to any other remedies available at law or in equity . Repayment by the Grantee of funds under this recapture provision shall occur within the time period specified by MASON COUNTY . In the alternative , MASON COUNTY may recapture such funds from payments due under this Grant. Page 8 25 . RECORDS MAINTENANCE The Grantee shall maintain books , records , documents , data and other evidence relating to this Grant and performance of the services described herein , including but not limited to accounting procedures and practices that sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Grant . The Grantee shall retain such records for a period of six years following the date of final payment. At no additional cost , these records , including materials generated under the Grant, shall be subject at all reasonable times to inspection , review or audit by MASON COUNTY , personnel duly authorized by MASON COUNTY, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement. If any litigation , claim or audit is started before the expiration of the six ( 6 ) year period , the records shall be retained until all litigation , claims , or audit findings involving the records have been resolved . 26 . REGISTRATION WITH DEPARTMENT OF REVENUE If required by law , the Grantee shall complete registration with the Washington State Department of Revenue . 27 , RIGHT OF INSPECTION The Grantee shall provide right of access to its facilities to MASON COUNTY , or any of its officers , or to any other authorized agent or official of the state of Washington or the federal government, at all reasonable times , in order to monitor and evaluate performance , compliance , and /or quality assurance under this Grant. 28 , SAVINGS In the event funding from state , federal , or other sources is withdrawn , reduced , or limited in any way after the effective date of this Grant and prior to normal completion , MASON COUNTY may terminate the Grant under the "Termination for Convenience" clause , without the ten calendar day notice requirement . In lieu of termination , the Grant may be amended to reflect the new funding limitations and conditions . 29 . SEVERABILITY The provisions of this Grant are intended to be severable . If any term or provision is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the Grant . 30 , SITE SECURITY While on MASON COUNTY premises , Grantee , its agents , employees , or subcontractors shall conform in all respects with physical , fire or other security policies or regulations . 31 . SUBGRANTING/SUBCONTRACTING The Contractor may only subcontract work contemplated under this Contract if it obtains the prior written approval of MASON COUNTY . If MASON COUNTY approves subcontracting , the Contractor shall maintain written procedures related to subcontracting , as well as copies of all subcontracts and records related to subcontracts . For cause , MASON COUNTY in writing may : (a ) require the Contractor to amend its subcontracting procedures as they relate to this Contract; ( b ) prohibit the Contractor from subcontracting with a particular person or entity ; or ( c) require the Contractor to rescind or amend a subcontract. Every subcontract shall bind the Subcontractor to follow all applicable terms of this Contract. The Contractor is responsible to MASON COUNTY if the Subcontractor fails to comply with any applicable term or condition of this Contract. The Contractor shall appropriately monitor the activities of the Subcontractor to assure fiscal conditions of this Contract . In no event shall the existence of a subcontract operate to release or reduce the liability of the Contractor to MASON COUNTY for any breach in the performance of the Contractor' s duties . Every subcontract shall include a term that MASON COUNTY and the State of Washington are not liable for claims or damages arising from a Subcontractor' s performance of the subcontract . 32 . SURVIVAL The terms , conditions , and warranties contained in this Grant that by their sense and context are intended to survive the completion of the performance , cancellation or termination of this Grant shall so survive . Page 19 33 . TAXES All payments accrued on account of payroll taxes , unemployment contributions , the Grantee' s income or gross receipts , any other taxes , insurance or expenses for the Grantee or its staff shall be the sole responsibility of the Grantee . 34 . TERMINATION FOR CAUSE In the event MASON COUNTY determines the Grantee has failed to comply with the conditions of this Grant in a timely manner, MASON COUNTY has the right to suspend or terminate this Grant . Before suspending or terminating the Grant , MASON COUNTY shall notify the Grantee in writing of the need to take corrective action . If corrective action is not taken within 30 calendar days , the Grant may be terminated or suspended . In the event of termination or suspension , the Grantee shall be liable for damages as authorized by law including , but not limited to , any cost difference between the original Grant and the replacement or cover Grant and all administrative costs directly related to the replacement Grant, e . g . , cost of the competitive bidding , mailing , advertising and staff time . MASON COUNTY reserves the right to suspend all or part of the Grant , withhold further payments , or prohibit the Grantee from incurring additional obligations of funds during investigation of the alleged compliance breach and pending corrective action by the Grantee or a decision by MASON COUNTY to terminate the Grant . A termination shall be deemed a " Termination for Convenience" if it is determined that the Grantee : ( 1 ) was not in default ; or ( 2 ) failure to perform was outside of his or her control , fault or negligence . The rights and remedies of MASON COUNTY provided in this Grant are not exclusive and are , in addition to any other rights and remedies , provided by law . 35 . TERMINATION FOR CONVENIENCE Except as otherwise provided in this Grant, MASON COUNTY may , by ten ( 10 ) business days written notice , beginning on the second day after the mailing , terminate this Grant, in whole or in part . If this Grant is so terminated , MASON COUNTY shall be liable only for payment required under the terms of this Grant for services rendered or goods delivered prior to the effective date of termination . 36 . TERMINATION PROCEDURES Upon termination of this Grant , MASON COUNTY, in addition to any other rights provided in this Grant , may require the Grantee to deliver to MASON COUNTY any property specifically produced or acquired for the performance of such part of this Grant as has been terminated . The provisions of the "Treatment of Assets" clause shall apply in such property transfer . MASON COUNTY shall pay to the Grantee the agreed upon price , if separately stated , for completed work and services accepted by MASON COUNTY , and the amount agreed upon by the Grantee and MASON COUNTY for ( i ) completed work and services for which no separate price is stated , ( ii ) partially completed work and services , ( iii ) other property or services that are accepted by MASON COUNTY , and ( iv) the protection and preservation of property , unless the termination is for default , in which case the Authorized Representative shall determine the extent of the liability of MASON COUNTY . Failure to agree with such determination shall be a dispute within the meaning of the " Disputes " clause of this Grant. MASON COUNTY may withhold from any amounts due the Grantee such sum as the Authorized Representative determines to be necessary to protect MASON COUNTY against potential loss or liability . The rights and remedies of MASON COUNTY provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract. After receipt of a notice of termination , and except as otherwise directed by the Authorized Representative , the Grantee shall : 1 . Stop work under the Grant on the date , and to the extent specified , in the notice ; 2 . Place no further orders or subgrants/subcontracts for materials , services , or facilities except as may be necessary for completion of such portion of the work under the Grant that is not terminated ; 3 . Assign to MASON COUNTY , in the manner, at the times , and to the extent directed by the Authorized Representative , all of the rights , title , and interest of the Grantee under the orders and subgrants/subcontracts so terminated , in which case MASON COUNTY has the right, at its discretion , to settle or pay any or all claims arising out of the termination of such orders and subgrants/subcontracts ; Page 10 4 . Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts , with the approval or ratification of the Authorized Representative to the extent the Authorized Representative may require , which approval or ratification shall be final for all the purposes of this clause ; 5 . Transfer title to MASON COUNTY and deliver in the manner, at the times , and to the extent directed by the Authorized Representative any property which , if the Grant had been completed , would have been required to be furnished to MASON COUNTY; 6 . Complete performance of such part of the work as shall not have been terminated by the Authorized Representative ; and 7 . Take such action as may be necessary , or as the Authorized Representative may direct , for the protection and preservation of the property related to this Grant , which is in the possession of the Grantee and in which MASON COUNTY has or may acquire an interest. 37 . TREATMENT OF ASSETS Title to all property furnished by MASON COUNTY shall remain in MASON COUNTY . Title to all property furnished by the Grantee , for the cost of which the Grantee is entitled to be reimbursed as a direct item of cost under this Grant , shall pass to and vest in MASON COUNTY upon delivery of such property by the Grantee . Title to other property , the cost of which is reimbursable to the Grantee under this Grant , shall pass to and vest in MASON COUNTY upon ( i ) issuance for use of such property in the performance of this Grant, or ( ii ) commencement of use of such property in the performance of this Grant , or ( iii ) reimbursement of the cost thereof by MASON COUNTY in whole or in part , whichever first occurs . A . Any property of MASON COUNTY furnished to the Grantee shall , unless otherwise provided herein or approved by MASON COUNTY , be used only for the performance of this Grant . B . The Grantee shall be responsible for any loss or damage to property of MASON COUNTY that results from the negligence of the Grantee or which results from the failure on the part of the Grantee to maintain and administer that property in accordance with sound management practices . C . If any MASON COUNTY property is lost, destroyed or damaged , the Grantee shall immediately notify MASON COUNTY and shall take all reasonable steps to protect the property from further damage . D . The Grantee shall surrender to MASON COUNTY all property of MASON COUNTY prior to settlement upon completion , termination or cancellation of this Grant All reference to the Grantee under this clause shall also include Grantee ' s employees , agents or Subgrantees/Subcontractors . 38 . WAIVER Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach . Any waiver shall not be construed to be a modification of the terms of this Grant unless stated to be such in writing and signed by Authorized Representative of MASON COUNTY. Page 11 Appendix A Scope of Services Organization : Community Action Council , Housing & Essential Needs ( HEN ) Program The Community Action Council strengthens individuals and families to lessen the impacts of poverty . Our organization ' s mission aligns with our Homeless Crisis Response System by providing housing assistance to HEN clients , reducing the impact of poverty in their lives , as well as on the community and its resources . The Council provides supportive services for clients , to include : Weatherization ; Women , Infants and Children ; Energy Assistance ; Crime Victim Advocacy , and Information & Referral . All of these services assist us in meeting our mission and also aligns with our Homeless Crisis Response System of providing wrap- around services in house to comprehensively lessen the impacts of poverty on our clients . Identified Problem : Homelessness has increased in Washington State due to many factors , but in majority because of rising rent cost , which leads to inaccessibility of affordable housing . This pushes people who are homeless or at risk of homelessness further into the margins of those successful in finding housing . A safety net program , called General Assistance Unemployable , provided a cash grant to individuals unable to work because of a disability , who were ineligible for the Aged , Blind or Disabled Program (ABD ) . This program was discontinued and was replaced with the Housing & Essential Needs program ( HEN ) . The HEN program provides housing and other services for those in our community who are medically fragile and homeless or at risk of homelessness . Without it , many live on the street with no way to obtain services they may qualify for, treatment , medical care , mental health counseling , case managers , work assistance , and many more programs . Funding Award Budget & Payments Program Amount Awarded Housing Et Essential Needs ( HEN ) $ 5541832 . 30 Expenditures based on the budget will be reported by submitting invoices as close to the 1s` (first) of the month as possible . Please submit invoices on the templates provided to caseyb(co . mason . wa . us and " cc" staceye ( co . mason . wa . us and parker . co . mason . wa . us . Program reports electronically to tparkerO co . maon . wa . us . Funding will be disbursed upon submitting the program reports and expenditure invoice . Allow up to three ( 3 ) weeks to process invoice and payment. Expenditures are reimbursable and back up receipts must be kept on file by the grantee . The funding awards are dependent on the receipt by the county of federal and state revenue contracts and final approval of contracts by the County Commissioners . Contract awards may vary based on the amount of federal and state awards provided through the Department of Commerce . Please submit your reports and supplemental documentation electronically to tparker( co . mason . wa . us by COB on the dates due . Pagel 12 Program and/or Services Description : Housing & Essential Needs ( HEN ) Program The HEN program assists individuals who have an incapacity ( physical and/or mental ) with stable housing by providing emergency rent & utility assistance , basic essential needs , and bus passes . The clients are eligible for Housing and Essential Needs because of their incapacity , are unable to work , have no income and are determined medically incapacitated by DSHS . The expectation is that they will be able to return to work within one year . Without this assistance , clients who are addressing their medical incapacity may have no home , creating large and nearly impossible barriers to receiving medical care , treatment and pursuit of employment . In addition to receiving the aforementioned services , HEN recipients meet quarterly , or more often if necessary , with a case manager with whom they set attainable goals for themselves to ensure when their HEN assistance expires , they are maintaining stability and moving toward forms of self-sufficiency . Organization & Program Goals : A) Reduce the number of people experiencing homelessness B ) Use HMIS or other tracking systems to evaluate program effectiveness , report on program outcomes , and monitor data quality C ) Improve collaboration with other organizations to reduce the number of people experiencing homelessness or chronic homelessness Short Term Objectives/Strategies for this program include : Topic Description Activity Goal Data Quality & A . The organization and 1 . Secure data sharing 1 . Data sharing agreements and Management staff will utilize the agreements and MOU 's to MOU 's in place for all partnering Homeless Management collaborate with partner organizations Information Systems organizations for the benefit of the (HMIS) data base to client enter all clients while 2 . 1 Run program reports monthly 2a . Reduce the number of ensuring the highest to evaluate program effectiveness , unsheltered homelessness quality data collection , progress and make any necessary 2b . Reduce the number of management , analysis strategic adjustments people experiencing first time and reporting . homelessness 2 . 2 Create other tracking 2c. Increase percent exits to B . Collect and report spreadsheets to supplement data permanent housing program data , including that is either not collected in HMIS 2d . Reduce the number of but not limited to HMIS or reports cannot be run from HMIS returns to homelessness reporting and as required to assess program effectiveness . 2e . Reduce the average length by funding . of time people experience 2 . 3 Collect data necessary to homelessness demonstrate program 2f. Reduce the number of effectiveness , meet funding people experiencing chronic requirements , and statistical homelessness reports . 2g . Evaluate the use and effectiveness of progressive engagement 2h . Reduce the number of people experiencing homelessness among target populations (e . gl veterans , youth , single adults , elderly , race/ethnicity, etc 3 . Timely entry of all clients into 3 . Strive to enter client data in HMIS less than 7 days of meeting with the client 4 . Run program reports at least 4 . 3% or less error rate monthly to internally monitor and evaluate program data quality Page 13 Topic Description Activity Goal Case A . Case management is 1 . 1 Conduct comprehensive Intake 1 . Determine housing barriers , Management a collaborative process of and/or Assessments on potential prioritization , and referral to assessment , planning , participants and hard copy case determine housing and service facilitation , care records needs & eligibility coordination , evaluation , 1 . 2 Accept referrals from and advocacy for options Coordinated Entry and services to meet an 2 . Develop individualized housing 2 . Reduce length of time in individual ' s and family' s plans with short-term and long-term crisis or homeless comprehensive housing goals and creates a timeline and needs through measures for each goal communication and available resources to 3 . Diversion and homeless 3 . Resolve housing crisis promote quality cost- prevention without grant funds and use effective outcomes , progressive engagement to prevent first time or repeat B . The Housing Case homelessness Manager will provide 4 . Landlords 4 . Increase exits to permanent intensive case 4 . 1 Outreach housing and/or homeless management services in 4 . 2 Master & comparison lists to prevention regular sessions to determine best tenant landlord resolve the housing crisis match and secure or maintain 4 . 3 Landlord Mitigation permanent housing within 4 . 4 Lease education 12 months of initial 4 . 5 Landlord / tenant laws meeting . 5 . Conflict resolution 5 . Prevent first time or repeat homelessness and teach self C . All organizations that sufficiency receive local surcharge 6 . Education 6 . Improve education level and revenue (document 6 . 1 literacy earning potential as access to recording fees) must 6 . 2 Life skills affordable housing participate in Coordinated 6 . 3 HS completion or GED Entry . 6 . 4 Post-secondary enrollment & support 7 . Financial Literacy 7 . Reduce and resolve barriers 7 . 1 Budget creation and adherence to housing , improve self 7 . 2 Establish and/or use savings sufficiency , and increase account economic/housing stability 7 . 3 Credit Score 7 . 4 Loan default resolution 8 . Health & Wellbeing 8 . Improve access to care and 8 . 1 Personal Hygiene general health to improve long 8 . 2 Access to medical benefits and term stability care 8 . 3 Access to mental health and substance abuse treatment / services 9 . Access to legal services 9 . Resolve housing or employment barriers , improve self sufficiency and increase stability 10 . Employment 10 . Improve monthly income as 10 . 1 WorkSource collaboration access to affordable housing 10 . 2 Resume writing and economic stability 10 . 3 Job search and application assistance 10 . 4 Interview preparation 10 . 5 Interview clothing 10 . 6 Background resolution 10 . 7 Coordinate transportation Page 114 11 . 1 Access to Rapid Re- Housing 11 . Reduce first time programs homelessness , repeat 11 . 2 Recertify participants receiving homelessness and improve financial assistance every month to exits to permanent housing assess progress and needs 12 . 1 Collaboration with other 12 . Team with other agencies departments , coordinated entry , and to provide necessary wrap organizations to maximize around services , outreach participant outcomes , program efforts , access to benefits , goals and agency mission and/or to assist in resolving 12 . 2 Participates in regularly housing crisis scheduled " name by name" case staffing meetings Topic Description Activity Goal Point in The Homeless Housing and 1 . Assume a participatory role in the Raise community awareness , Time Count Assistance Act requires that annual Point in Time Count distribute donations and each county In Washington ensure a reliable count is State conduct an annual 2 . Attend and conduct planning conducted year after year. point in time count of sessions and methodological sheltered and unsheltered development for the best and most homeless persons . This reliable count that represents all census is conducted in populations accordance with the requirements of the U . S . 3 . Engage in fundraising , donation Department of Housing and collection , organization and distribution Urban Development (HUD) . The 2018 point in time count ( PIT) is projected to 4 . Event promotion take place on January 26 , 2017 , to survey where 5 . Conduct surveys people stayed the previous 6 . Assist with de-duplication , data night. entry and quality measures 7 . Create a process to follow up with 7 . 1 Reduce the number of households surveyed in the PIT count people living outside to keep people engaged and connect 7 . 2 Reduce the number of with services people experiencing chronic homelessness Topic Description Activity Goal Housing The purpose of the Housing 1 . Conduct comprehensive Intake and/or 1 . Determine housing & and Essential Needs (HEN ) Assessments on potential participants and barriers , prioritization , and Essential program is to prevent the hard copy case records referral to determine housing Needs homelessness of and to re- and service needs & ( HEN ) house unemployable adults eligibility and assist them with basic 2 . 1 Comply with all terms and conditions 2 . 1 Compliance essential needs such as utility of the Consolidated Homeless Grant 2 . 2 Financial comliance and payments , personal hygiene Contract and Guidelines safe-guarding of public products , and transportation . 2 . 2 Maintain all financial records and funds To qualify, the applicant must transactions 2 . 3 No findings in an audit have an incapacity , (physical 2 . 3 Maintain all client files and hard copies and/or mental) AND have zero in an audit-ready format income . Qualifications for the Page 15 HEN program are determined 3 . 0 Housing Identification 3a . Reduce the number of by DSHS ( Department of 3 . 1 Recruit landlords to provide housing people experiencing Social and Health Services) opportunities for individuals and families homelessness and referred to the Community experiencing homelessness . 3b . Reduce the number of Action Council for services to 3 . 2 Maintain a master list with new, first-time help stabilize housing related comparisons to best match tenants and homelessness needs . landlords 3c. Increase the number of 3 . 3 Assist households to find and secure people in permanent appropriate rental housing . housing 3d . Increase long-term housing stability 4 . 0 Rent and Move- in assistance 4 . 0 Achieve housing 4 . 1 Use diversion techniques to exhaust stability in 12 months or less all resources before providing financial 4 ; 1 . Resolve housing crisis assistance without the use of rental 4 . 2 Encourage client contributions from assistance funds self, friends , relatives , donations or other 4 . 2 Improve client organizations contributions to increase 4 . 3 Provide assistance to cover move-in ownership , buy- in , ability to costs , deposits , and the rental and/or self- resolve and long -term utility assistance necessary to allow stability individuals and families to move 4 . 3 Reduce cost per immediately out of homelessness and to household stabilize in permanent housing . 4 . 4 Increase the 4 . 4 Collaborate with other organizations households ability to sustain for the overall financial health and well- rent payments being of the household independently when rental 4 . 5 Recertify participants receiving assistance ends financial assistance as required by the 4 . 5 Compliance CHG guidelines to assess participant progress and needs 5 . Provide housing case management as 5 . Refer to the goals in the outlined in the " Housing Case housing case management Management" scope of service scope of service 6 . 1 Develop a written marketing plan that 6 . 1 All organizations that focuses on identifying and educating all work with people potential organizations that may refer experiencing a housing households for rapid re- Housing crisis will know about Rapid assistance Re- Housing , how to refer 6 . 2 For any person on a waitlist , people , the application communicate with the referring process and how people are organization on the status and if other prioritized . means of assistance are available 6 . 2 Reduce time on wait lists and improve communication and follow u 7 . 1 All potential participants requesting 7 . 1 Participation with rapid re- housing funds will be routed Coordinated Entry is through Coordinated Entry required as a recipient of 7 . 2 Develop written procedures for local recording fees referrals , applications and prioritization 7 . 2 A centralized rapid re- that is fair and equitable for all residents of housing system that benefits Mason County and considers geographic all residents of Mason housing availability and location in County to reduce the prioritization number of people experiencing homelessness and adheres to CHG guidelines Page 16 Long Term Objectives/Strategies for this program include : A) Consider expanding housing capacity by increasing the number of housing units owned or managed in Mason County B ) Continue to examine ways to expand or enhance housing programs offered in Mason County C ) Consider partnership with several local organizations to contribute funds to establish a matching fund source with the " Help Us Move In organization to provide more available money towards move- in costs and extend the use of the rental assistance funds . Consolidated Homeless Grant : July 1 , 2017 — June 30 , 2019 Guidelines Grantees receiving Consolidated Homeless Grant ( CHG ) and Housing and Essential Needs Funds shall adhere to all of the terms and conditions of the Consolidated Homeless Grant Contract and Guidelines . For your reference , the following sections are highlighted below : A) Each organization will commit to ending homelessness in their county by : a . Prioritizing unsheltered homeless households for services ( section 2 . 1 . 1 of the Guidelines) b . Assessing each household ' s housing needs and facilitating housing stability with the goal of obtaining or maintaining permanent housing ( section 6 . 1 . 4 of the Guidelines ) c . Employing a progressive engagement service model (section 6 . 1 . 3 of the Guidelines ) d . Prioritizing households most likely to become homeless when using prevention rent assistance ( section 7 . 3 of the Guidelines) B ) Grantees shall submit the following monthly deliverables on time with truthful , accurate information : a . Request for Payment and monthly Invoice Detail Workbook for reimbursement (section 2 . 5 . 2 of the Guidelines) b . Report from HMIS included with the CHG Voucher Detail Worksheet ( section 2 . 5 . 2 . 1 of the Guidelines ) C ) Grantees shall submit or assist with the following deliverables on time with truthful , accurate information as required in the guidelines : a . Local Homeless Housing Plan Updates (section 2 . 1 . 5 . 1 of the Guidelines ) b . Annual County Expenditures Report/ Homeless Housing Inventory (section 2 . 1 . 5 . 2 of the Guidelines ) including Point- In -Time Count information (section 2 . 1 . 5 . 3 of the Guidelines) c . Essential Needs Report (section 2 . 1 . 5 . 4 of the Guidelines) d . Grantees shall commit to reporting complete quality data that is timely , truthful and accurate . (section 6 . 2 of the Guidelines and HMIS User Agreement) e . Grantees shall comply with all of the requirements , policies and procedures in the Consolidated Homeless Grant Guidelines . D ) Consequences of non - compliance : a . If Commerce determines that a Grantee is failing to comply with the Guidelines , Terms , and Conditions , .Commerce will notify Grantee that Grantee will receive technical assistance and be required to respond to a corrective action plan to address and remedy the noncompliance . b . If the Grantee is still out of compliance after the technical assistance , Commerce may move the Grantee into a probationary period with a second corrective action plan and may reduce the grant total by 20 % . c . If the Grantee remains out of compliance after the probation period , Commerce may terminate the grant per the General Terms and Conditions TERMINATION FOR CAUSE . CHG funding must be used to support an integrated system of housing assistance within the context of the local plan to end homelessness ( RCW 43 . 185C . 050 ) . Available data sources , including HMIS , should be used to plan , evaluate , and improve the effectiveness of CHG -funded programs in meeting the goals of the local Page 1 17 plan to end homelessness . This may entail revising the budget in Attachment B to better meet community needs . CHG funding should be used strategically in the context of other local , state , and federal resources for maximum efficiency and impact on reducing homelessness . As described in the CHG Guidelines , the funds must be spent to operate and administer rent assistance or facility- based programs serving people who are homeless or at high risk of homelessness . Specific requirements of the grant are detailed in the CHG Guidelines and grant terms and conditions . Page 18 Program Deliverables & Reporting Report templates will be provided to the contractor/grantee . In your report narratives , please include your progress in completing the deliverables , as well as descriptions of how your deliverable meets the short-term project outcomes and objectives outlined above . Date Due / Deliverable Item Description Criteria for Acceptance Frequency Name As close to the A monthly invoice for the Name of Organization; invoice 1 IS` of every Monthly Invoice previous month's expenses to be number; itemized invoice template month reimbursed . On or before Financial spend down summary; the 10th of Quarterly performance measurements All reports are accurate and received 2 on time ; proper and complete use of Oct., Jan., Report( s) template; case management April., & July tracking; narrative report templates; all directions followed Year- end financial spend down summary; performance measurements template; case Year-end report is accurate and 3 7110118 Year-end Report management tracking; narrative received ; proper and complete use of report including a program templates; all directions followed analysis with recommendations for the next year On or before Data Monthly check to ensure data Less than 3% error rate; client data 4 the 5th of Management quality; Client data entered entered within 5 days of meeting each month Quality within 5 days of meeting Participation in the planning, = methodology, donations, team 5 August - Point in Time coordination, volunteer 100% participation throughout the January Count recruitment, event day, count process from the organization site, census survey, data entry, -- and post-event evaluation Executive Director and/or program lead to participate in Monthly - 2nd monthly coalition leadership 6 Tuesday of Housing Coalition discussions; member recruitment, 80% attendance to meetings each month Meeting lead teams inside and outside of measured on an annual basis coalition meetings and community action plan development / implementation Please submit your reports and supplemental documentation electronically to tparker( co . mason . wa . us by COB on the dates due . Page 19 EXHIBIT B INSURANCE REQUIREMENTS A . MINIMUM Insurance Requirements : 1 , Commercial General Liability Insurance using Insurance Services Office " Commercial General Liability" policy form CG 00 01 , with an edition date prior to 2004 , or the exact equivalent . Coverage for an additional insured shall not be limited to its vicarious liability . Defense costs must be paid in addition to limits . Limits shall be no less than $ 1 , 000 , 000 per occurrence for all covered losses and no less than $2 , 000 , 000 general aggregate , for bodily injury , personal injury , and property damage , including without limitation , blanket contractual liability . 2 . Workers' Compensation on a state-approved policy form providing statutory benefits as required by law with employer' s liability limits for CONTRACTOR ' s , with two (2 ) or more employees and/or volunteers , no less than $ 1 , 000 , 000 per accident for all covered losses . 3 . Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including owned , non -owned and hired autos , or the exact equivalent . Limits shall be no less than $ 1 , 000 , 000 per accident , combined single limit . If CONTRACTOR owns no vehicles , this requirement may be satisfied by a non -owned auto endorsement to the general liability policy described above . If CONTRACTOR or CONTRACTOR Is employees will use personal autos in any way on this project , CONTRACTOR shall obtain evidence of personal auto liability coverage for each such person . B . Certificate of Insurance : A Certificate of Insurance naming COUNTY as the Certificate Holder must be provided to COUNTY within five (5) days of CONTRACT execution . C . Basic Stipulations : 1 . CONTRACTOR agrees to endorse third party liability coverage required herein to include as additional insureds COUNTY , its officials , employees and agents , using ISO endorsement CG 20 10 with an edition date prior to 2004 . CONTRACTOR also agrees to require all contractors , subcontractors , and anyone else involved in this CONTRACT on behalf of the CONTRACTOR ( hereinafter " indemnifying parties ") to comply with these provisions . 2 . CONTRACTOR agrees to waive rights of recovery against COUNTY regardless of the applicability of any insurance proceeds , and to require all indemnifying parties to do likewise . 3 . All insurance coverage maintained or procured by CONTRACTOR or required of others by CONTRACTOR pursuant to this CONTRACT shall be endorsed to delete the subrogation condition as to COUNTY , or must specifically allow the named insured to waive subrogation prior to a loss . 4 . All coverage types and limits required are subject to approval , modification and additional requirements by COUNTY . CONTRACTOR shall not make any reductions in scope or limits of coverage that may affect COUNTY' s protection without COUNTY' s prior written consent . 5 . CONTRACTOR agrees to provide evidence of the insurance required herein , satisfactory to COUNTY , consisting of: a) certificate ( s) of insurance evidencing all of the coverage required and , b) an additional insured endorsement to CONTRACTOR ' s general liability policy using Insurance Services Office form CG 20 10 with an edition date prior to 2004 . CONTRACTOR agrees , upon request by COUNTY to provide complete , certified copies of any policies required within 10 days of such request . COUNTY has the right , but not the duty , to obtain any insurance it deems necessary to protect its interests . Any premium so paid by COUNTY shall be charged to and promptly paid by CONTRACTOR or deducted from sums due CONTRACTOR . Any actual or alleged failure on the part of COUNTY or any other additional insured under these requirements to obtain proof of insurance required under this CONTRACT in no way waives any right or remedy of COUNTY or any additional insured , in this or in any other regard . 6 . It is acknowledged by the parties of this CONTRACT that all insurance coverage required to be provided by CONTRACTOR or indemnifying party , is intended to apply first and on a primary non - contributing basis in relation to any other insurance or self- insurance available to COUNTY . Page 120 7 . CONTRACTOR agrees not to self- insure or to use any self- insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self- insure its obligations to COUNTY . If CONTRACTOR ' s existing coverage includes a self- insured retention , the self- insured retention must be declared to the COUNTY . The COUNTY may review options with CONTRACTOR , which may include reduction or elimination of the self- insured retention , substitution of other coverage , or other solutions . 8 . CONTRACTOR will renew the required coverage annually as long as COUNTY , or its employees or agents face an exposure from operations of any type pursuant to this CONTRACT . This obligation applies whether or not the CONTRACT is canceled or terminated for any reason . Termination of this obligation is not effective until COUNTY executes a written statement to that effect . 9 . The limits of insurance as described above shall be considered as minimum requirements . Should any coverage carried by CONTRACTOR or a subcontractor of any tier maintain insurance with limits of liability that exceed the required limits or coverage that is broader than as outlined above , those higher limits and broader coverage shall be deemed to apply for the benefit of any person or organization included as an additional insured and those limits shall become the required minimum limits of insurance in all Paragraphs and Sections of this CONTRACT . 10 . None of the policies required herein shall be in compliance with these requirements if they include any limiting endorsement that has not been first submitted to COUNTY and approved of in writing . 11 . The requirements in this Exhibit supersede all other sections and provisions of this CONTRACT to the extent that any other section or provision conflicts with or impairs the provisions of this Exhibit . 12 . Unless otherwise approved by COUNTY , insurance provided pursuant to these requirements shall be by insurers authorized to do business in Washington and with a minimum A . M . Best rating of A : VII . 13 . All insurance coverage and limits provided by CONTRACTOR and available or applicable to this agreement are intended to apply to the full extent of the policies . Nothing contained in this CONTRACT limits the application of such insurance coverage . 14 . CONTRACTOR agrees require insurers , to provide notice to COUNTY thirty ( 30) days prior to cancellation of such liability coverage or of any material alteration or non- renewal of any such coverage , other than for non - payment of premium . CONTRACTOR shall assure that this provision also applies to any subcontractors , joint ventures or any other party engaged by or on behalf of contractor in relation to this agreement . Certificate (s) are to reflect that the issuer will provide thirty (30 ) days' notice to COUNTY of any cancellation of coverage . 15 . COUNTY reserves the right at any time during the term of the CONTRACT to change the amounts and types of insurance required by giving the CONTRACTOR ninety (90) days advance written notice of such change . If such change results in substantial additional cost to the CONTRACTOR , the COUNTY and CONTRACTOR may renegotiate CONTRACTOR ' s compensation . 16 . Requirements of specific coverage features are not intended as limitation on other requirements or as waiver of any coverage normally provided by any given policy . Specific reference to a coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all - inclusive . 17 . CONTRACTOR agrees to provide immediate notice to COUNTY of any claim or loss against CONTRACTOR arising out of the work performed under this agreement . COUNTY assumes no obligation or liability by such notice , but has the right ( but not the duty) to monitor the handling of any such claim or claims if they are likely to involve COUNTY . Page 1 21