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HomeMy WebLinkAboutMINUTES - 08071997 - C.76-101 6-16 TO: BOARD OF SUPERVISORS FROM: William Walker, M.D. , Health Services Director Contra Costa DATE: February 5, 1996 4i) County SUBJECT: Approval of Crisis Residential Services Contract #29-486-2 with the County of Solano SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION I. RECOMMENDED ACTION: Approve and authorize the Health Services Director, or his designee (Lorna Bastian) , to execute, on behalf of the county, Crisis Residential Services Contract #29-486-2 with the County of Solano, for the period from January 1, 1996 through December 31, 1996, to pay Contra Costa County for one bed at County's Crisis Residential Program for seriously emotionally disturbed minors. II. FINANCIAL IMPACT: Approval of this Agreement will result in a total payment to this County of approximately $85, 563 . No County match is required. III. REASONS FOR RECOMMENDATIONS/BACKGROUND: On September 12 , 1995, the Board of Supervisors approved crisis Residential Services Contract #29-486-1 with County of Solano, for the period from July 1, 1995 through December 31, 1995, to pay Contra Costa County for one bed at County' s Oakgrove Crisis Residential/Day Treatment facility in Concord. Approval of crisis Residential Services Contract #29-486-2 will allow the County of Solano exclusive use, by its referred clients, of one of the available three beds at County's Crisis Residential Program for seriously emotionally disturbed minors through December 31, 1996. CONTINUED ON ATTACHMENT:-YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) ACTION OF BOARD ON February 27, 1996 APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS X_ UNANIMOUS {ABSENT I HEREBY CERTIFY THAT THIS IS A TRUE AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact: Lorna Bastian (313-6411) February 27, 1996 CC: Health Services (Contracts) ATTESTED Risk Management l, 13ph3tchel",ejet%of the Board of Auditor-Controller Suvervisors and County Administrator Contractor t"J P. P_ Olt &A TO: BOARD OF SUPERVISORS FROM: William Walker, M.D. , Health Services Director Contra oio Costa DATE: February 2, 1996 County SUBJECT: Approval of Crisis Residential Services Contract #29-487-2 with the County of Alameda SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION I. RECOMMENDED ACTION: Approve and authorize the Health Services Director, or his designee (Lorna Bastian) , to execute, on behalf of the County, Crisis Residential Services Contract #29-487-2 with the County of Alameda, for the period from January 1, 1996 through December 31, 1996, to pay Contra Costa County for two beds at County' s Crisis Residential Program for seriously emotionally disturbed minors. II. FINANCIAL IMPACT: Approval of this Agreement will result in a 'total payment to this County of approximately $171, 138. No County match is required. III. REASONS FOR RECOMMENDATIONSIBACRGROUND: On September 12, 1995, the Board of Supervisors approved the Crisis Residential Services Contract #29-487-1 with the County of Alameda, for the period from July 1, 1995 to December 31, 1995, to pay Contra Costa County for two beds at the County' s Oakgrove Crisis Residential/Day Treatment facility in Concord. Approval of Crisis Residential Services Contract #29-487-2 will allow the County of Alameda exclusive use, by its referred clients, of two of the available three beds at County' s Crisis Residential Program for seriously emotionally disturbed minors through December 31, 1996. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) ACTION OF BOARD ON Febnia.ry 27, 1996 APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS X UNANIMOUS (ABSENT ) I HEREBY CERTIFY THAT THIS IS A TRUE AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact: Lorna Bastian (313-6411) CC: Health Services (Contracts) ATTESTED February 27, 1996 Risk Management Phil Batchelor,Mert of the Board of Auditor-Controller $uurvisors and County Administrator Contractor C� • r TO: BOARD OF SUPERVISORS 5....... Contra �.. John Cullen, Director �� \ Costa FROM: Social Service Department County , February 14 1996 DATE: 'sT-.... ....;.•�� C OUN SUBJECT: APPROVAL OF SFY 1996-97 ANNUAL PLAN FOR VOLUNTEER HEALTH INSURANCE COUNSELING (COUNTY #29-031-19) (STATE #HI-9697-02) SPECIFIC REOUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I . RECOMMENDED ACTION AUTHORIZE the Director, Office on Aging to sign and submit SFY 1996-97 Annual Plan (County #29-031-19) , requesting $91, 682 in State funds to operate the County' s Health Insurance Counseling and Advocacy Program (HICAP) for the period beginning July 1, 1996 and ending June 30, 1997, to the California Department of Aging. II . FINANCIAL IMPACT There is no County contribution or required match for this program. The California Department of Aging' s HICAP Program will fund $91, 682 . Health Insurance Counseling and Advocacy Program costs not covered by this grant will be covered by an additional federal grant, i . e . , Title IIIB Coordination. III . REASONS FOR RECOMMENDATION/BACKGROUND Mandated under AB2419, the Health Insurance Counseling and Advocacy Program has been operated by the County' s Office on Aging for the past eleven years . The Program provides community education, recruitment, training, and coordination of volunteer counselors in the area of health insurance and related health care plans . In SFY 1994-95, these volunteers provided individual counseling to 1, 525 senior citizens county-wide. Documented savings of $294 , 963 to seniors is attributed to the successful efforts of HICAP last year. CONTINUED ON ATTACHMENT: YES SIGNATURE: uo RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON February 27, 1996 APPROVED AS RECOMMENDED X. OTHER C1 HI96 .wp VOTE OF SUPERVISORS X I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. CC: ATTESTED February 27, 1996 Contact : Lennis Lyon x 3-1731 PHIL BATCHELOR,CLERK OF THE BOARD OF CAO SUPERVISORS AND COUNTY ADMINISTRATOR Auditor Office on Aging (original) CA Dept . of Aging Da, , BY `` } DEPUTY M382 (10/88) A TO: BOARD OF SUPERVISORS Contra FROM: William Walker, M.D. , Health Services DirectorCosta DATE: February 14, 1996 09 Courty SUBJECT: Approval of Agreement #28-583 with the Bay Area Air Quality Management District SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION I. RECOMMENDED ACTION: Approve and authorize the Health Services Director, or his designee (Wendel Brunner, M.D. ) , to execute on behalf of the County, Agreement #28-583 with the Bay Area Air Quality Management District, for the period from December 1, 1995 through November 30, 1997, in the amount of $121,206, for the Nonpolluting Commute Project. II. FINANCIAL IMPACT: Approval of this agreement will result in $121, 206 from the Bay Area Air Quality Management District, for the County' s Nonpolluting Commute Project. No County funds are required. III. REASONS FOR RECOMMENDATIONS/BACKGROUND: Under the Nonpolluting Commute Project, the Department' s Prevention Program staff will assist interested businesses in Contra Costa County with the implementation of employer-based single occupant motor vehicle trip reduction programs through the promotion of safe bicycle commuting. This project will benefit the County by decreasing automobile commuting, which will decrease traffic congestion, improve air quality and reduce commute-related stress. The project will involve participation of the County's Departments of Public Works and Community Development to ensure non-duplication of County services. Other community partners will include East Bay Regional Parks District, Bay Area Bicycle Dealers Association, American Lung Association, East Bay Bicycle coalition, Valley Spokesmen Bicycle Touring Club, RIDES for Bay Area Commuters, and Safe Roads/Safe Families coalition. Three sealed and certified copies of this Board Order should be returned to the Contracts and Grants Unit. CONTINUED ON ATTACHMENT:-YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) ACTION OF BOARD ON February 1996 APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS X UNANIMOUS (ABSENT I HEREBY CERTIFY THAT THIS IS A TRUE AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact: Wendel Brunner, M.D. (313-6712) cc: Health Services Dept (Contracts) ATTESTED February 27, 1996 Bay Area Air Quality Mgmt District Phil Batchelor, Clerk of the Board of Supervisors and County Administrator M382/7-83 BY _ DEPUTY TO: BOARD OF SUPERVISORS FROM: William Walker, M.D. , Health Services Director Contra Costa DATE: February 14, 1996 County SUBJECT: Approval of Agreement #28-580 with the Western Consortium for Public Health SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION I. RECOMMENDED ACTION: Approve and authorize the Health Services Director, or his designee (Wendel Brunner, M.D. ) , to execute on behalf of the County, Agreement #28-580 with the Western Consortium for Public Health, effective October 1, 1995, through September 30, 1996, in the amount of $140,523 , for the Hepatitis Surveillance Project. II. FINANCIAL IMPACT: Approval of this agreement will result in $140, 523 from the U.S. Department of Health and Human Services (Centers for Disease Control and Prevention) , which is being disbursed through the Western Consortium for Public Health, for the County's Hepatitis Surveillance Project. No County funds are required. III. REASONS FOR RECOMMENDATIONS/BACKGROUND: Contra Costa County maintains programs to control communicable diseases for all residents of the county who need this service. Viral hepatitis is a reportable disease which is investigated. However, under Agreement #28-580 the Health Services Department will be able to expand its surveillance and outbreak control activities; define disease trends and risk factors related to viral hepatitis; identify missed opportunities for immunizations against hepatitis and improve identification, delivery and excess to these immunizations; and provide prevention education to persons diagnosed with hepatitis and their contacts. Three sealed and certified copies of this Board Order should be returned to the Contracts and Grants Unit. CONTINUED ON ATTACHMENT: YES SIGNATURE: R/ RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) ACTION OF BOARD ON February 27, 1996 APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS X UNANIMOUS (ABSENT ) I HEREBY CERTIFY THAT THIS IS A TRUE AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact: Wendel Brunner, M.D. (313-6712) CC: Health Services (Contracts) ATTESTED February 27, 1996 Western Consortium for Public Health Phil Batchelor, Clerk of the Board of Supervisors and County Administrator M382/7-83 BY L��t�CC.t�_ �/1 6,--( OA TO: BOARD OF SUPERVISORS Contra ' Costa FROM: VAL ALEXEEFF, DIRECTOR Coin GROWTH MANAGEMENT & ECONOMIC DEVELOPMENT AGENCY • DATE: February 27, 1995 SUBJECT: AMENDMENT #2 TO THE KELLER CANYON LANDFILL FIRST AMENDED FRANCHISE AGREEMENT SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1 . APPROVE Amendment #2 to the Keller Canyon Landfill First Amended Franchise Agreement to conform the County fees applicable to direct haul wastes with the fees applicable to wastes received at the landfill via a transfer station. 2. AUTHORIZE the Chair of the Board of Supervisors to execute such an amendment. FISCAL IMPACT The establishment of a uniform fee vastly reduces ambiguity and accounting requirements. The amount of the 25%County Surcharge is dependant on the facility's proprietary gate rate. BACKGROUND On December 12, 1995 the Board of Supervisors directed GMEDA staff and County Counsel to draft amendment #2 of the Keller Canyon Landfill First Amended Franchise Agreement to conform the County fees applicable to direct haul wastes with the fees applicable to wastes received at the landfill via a transfer station. Amendment #2 has been prepared and a copy signed by the Keller Canyon Landfill Company is attached. CONTINUED ON ATTACHMENT: X YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON February 27 , 1996 APPROVED AS RECOMMENDED x OTHER VOTE OF SUPERVISORS x UNANIMOUS (ABSENT I HEREBY CERTIFY THAT THIS IS A TRUE AND AYES: NOES: CORRECT COPY OF AN ACTION TAKEN AND ABSENT: ABSTAIN: ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact: Val Alexeeff (510) 646-1620 cc: Community Development Department GMEDA ATTESTED February 27 , 1996 County Counsel PHIL BATCHELOR, CLERK OF THE BFI/Keller Canyon Landfill BOARD OF SUPERVISORS AND City of Pittsburg CO NTY ADMINISTRATOR L 0 BY: , DEPUTY DD 1 0:kc1-amd2.bo f V 1 Board Order Keller Canyon Landfill Franchise Agreement - Amendment #2 February 27, 1995 -Page 2- BACKGROUND (CONT'D) On November 1, 1994 the Board of Supervisors established a new fee structure for the BFI Transfer Station and the Keller Canyon Landfill. The fees were established as new franchise agreements for both facilities were being finalized. The new fee structure is applied per ton to incoming wastes processed through the Transfer Station and disposed in the Landfill. The County fees applicable to incoming wastes received at the landfill via a transfer station became: 25% County Surcharge (calculated from the facilities' proprietary base rates), LEA fee (currently 51 .00/ton), and AB 939 fee (currently $0.15/ton). These new fees are not the same as the fees applicable to wastes hauled directly to the Landfill. The fees which were imposed on direct haul wastes, under the First Amended Franchise Agreement for Keller Canyon Landfill, are as follows: "The surcharge on special handling and/or direct haul waste received at the landfill other than via a transfer station shall be 10% of the base rate plus all other then-applicable mandated fees." The then-applicable mandated fees pertinent to direct haul wastes include the following: 1 . State Eastin Bill (CIWMB) 51 .34/ton (paid directly to the State) 2. County Franchise/Surcharge 10% 3. Mitigation Fee $3.00- 54.00/ton 4. LEA 51 .00/ton 5. AB 939 $0.15/ton 6. Household Hazardous Waste $2.12/ton* * this fee ceased being collected from solid waste facilities effective 7/11/95 Staff recommends that the Landfill Franchise Agreement be amended to establish equal County fees which would be applicable to waste received at the Landfill regardless of whether it has first been processed through a transfer station. The County fees for direct hauled wastes would become the same as the fees currently charged on waste received via a transfer station. The uniform County fees would resolve current ambiguities. The amount of County fees will vary dependant on the facility's proprietary base rate, as the base rate lowered so would the 25% County Surcharge. Upon Board's approval of Amendment #2 and the new County fees applicable to direct haul wastes, the landfill operator will pay the amount due to the County for direct haul wastes received since November 1, 1994 based on the new uniform County fees. If problems are created by incoming special wastes, additional studies and measures may be warranted and would be based on need rather than current revenue and would be funded on a true time and materials basis. Prior to approval of the First Amended Franchise Agreement and Amendment #1, the landfill operator paid annual lump sum amounts towards the County Resource Recovery Management Program (LUP Condition 31 .9) & Resource Recovery Fee (LUP Condition 35.4) which funded resource recovery activities. These have not been imposed since the changes to the fee structure and Franchise Agreement approximately a year ago, due in part to the ambiguities regarding these particular fees as well as the potential inequity in imposing this fee only for direct haul wastes received at Keller Canyon Landfill. There are additional costs (not fees) the landfill operator has been and will continue to be required to pay associated with the Landfill Land Use Permit (LUP) 2020-89 Conditions of Approval. These costs include but are not necessarily limited to: funding the Implementation and Mitigation Monitoring Program (Condition 11 .6) which covers staff costs, funding for the Development Coordinator (Condition 11 .5) which covers engineering consulting costs, and funding the Property Valuation Compensation Program (Condition 35.3). These costs are not based on incoming waste amounts but instead vary dependant on factors such as project activity, billable staff hours and amount of service required from the consultants. DD10:kc1-amd2.bo BRUEN & GORDON A PROFESSIONAL CORPORATION 1000 NORTH CALIFORNIA BOULEVARD SUITE 040 WALNUT CREEK, CALIFORNIA 04506 1510) 205-3131 FAX(510) 205-3132 February 15, 1996 VIA MESSENGER Mr. Val Alexeeff GMEDA 651 Pine Street, 2nd Floor, North Wing Martinez, CA 94553 Re: Proposed Amendment to Franchise Agreement Between Contra Costa County and Keller Canyon Landfill Company re County Fees on Direct Haul Loads Dear Val: Enclosed please find a copy of the Amendment No. 2 to First Amended Franchise Agreement for the Keller Canyon Landfill, which has been duly executed by the Keller Canyon Landfill Company. Because your proposed form of amendment uses the phrase"fees for County programs" in section 6.4.b., I would like to take the opportunity to make sure that there is a clear understanding between the County and KCLC regarding the uniform fee structure which will be applied upon signing of the enclosed amendment to both direct haul waste, and "transferred" waste received at the landfill via transfer vans. It is our understanding that waste received at the Keller Canyon Landfill either via a transfer station or on a direct haul basis shall be subject to the following County fees: 1. The 25% County surcharge --which is an umbrella fee covering all Keller Canyon mitigation fees and County programs, except for the Local Enforcement Agency and the AB 939 program; 2. The Local Enforcement Agency program fee, currently at $1.00/ton; and 3. The AB 939 County Program fee, currently at $0.15/ton. C -$J Mr. Val Alexeeff February 15, 1996 Page 2 The foregoing fees are the only County fees payable by KCLC which are based on the amount of tonnage or tonnage revenues (in the case of the 25% surcharge) received at the landfill. In addition, the Keller Canyon Landfill Company will be charged the following fees for County oversight of the Keller Canyon Conditional Use Permit: 1. A Mitigation Monitoring Plan fee, which is for reimbursement for the time spent by County staff in oversight of the use permit (which is based on a per hour charge for staff time-- currently, primarily you and Chuck Zahn)-- CUP section 11.6; and 2. Reimbursement of the County's costs to hire an outside consultant such as Brown & Caldwell to review construction, design or operating plans for the Keller Canyon Landfill (the Development Coordinator fee)-- CUP section 11.5. We recognize that there is a pending issue between the County and KCLC regarding the property compensation study, and this letter is not intended to affect either the County's or KCLC's positions on that matter. Also, we recognize that the County has the right under the amended franchise agreement to adjust the County's percentage surcharge under certain circumstances, and to adopt new County-wide mandated programs and fees to fund such. This will further confirm that as of the date of this letter, there are no outstanding payments owed to the County by the Keller Canyon Landfill Company for the resource recovery program fee(CUP Conditions 31.9 and 35.4), and that if this program is reinstituted by the County in the future, the fee for this program will be included within the percentage franchise surcharge. Assuming that the foregoing is consistent with your understanding of the County fee structure which will be in effect for all waste received at the Keller Canyon Landfill from and after the effective date (November 1, 1994) of the enclosed amendment, you are authorized to present the enclosed amendment to the Board of Supervisors for approval and execution. However, if the foregoing does not accurately and completely reflect the County's understanding on this subject, you should promptly return the enclosed agreement to me, since KCLC's approval of this amendment is conditioned on our understandings set forth in this letter. Very truly yours, • Thomas M. Bruen TMB#f cc: Dennis P. Fenton, BFI Michael A. Caprio, KCLC Lillian Fujii, Deputy County Counsel C .71 COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA AMENDMENT NO. 2 TO FIRST AMENDED FRANCHISE AGREEMENT FOR THE KELLER CANYON LANDFILL THIS AMENDMENT NO. 2 to the FIRST AMENDED FRANCHISE AGREEMENT FOR THE KELLER CANYON LANDFILL is made and entered into this , 1996, by and between the COUNTY OF CONTRA COSTA (hereinafter "County") and KELLER CANYON LANDFILL COMPANY, a California Corporation, (hereinafter referred to as "Operator"). RECITALS WHEREAS, on September 13, 1994, the Board of Supervisors of County took action adopting a first amended franchise agreement with Operator, and WHEREAS, on November 1, 1994, the Board of Supervisors of County and Operator entered into Amendment No. 1 to the first amended franchise agreement with Operator, and WHEREAS, for administrative convenience the County has requested, and Operator agrees, to amend the provisions in the franchise agreement regarding County surcharges and fees for special handling and/or direct haul waste, so that County surcharges and fees on these types of waste will be the same as County surcharges and fees on transferred solid waste, NOW THEREFORE, the County and Operator, for and in consideration of the covenants and agreements as hereinafter set forth and for other good and valuable Amend No.2 to First Amended Landfill Franchise,February,1996. C-001 consideration, the receipt and sufficiency of which is hereby acknowledged, do mutually agree as follows: SECTION I. AMENDMENT. Subsection b. Of Section 6.4, Initial Surcharge, of the First Amended Franchise Agreement is hereby amended as follows (by adding ..................... ..................... side language and deleting the � language): "b. Special (direct haul) Wastes. The Surcharge Reperiage.arid.fess far ................................................. ................................................ GoU"n. t prograrris' on special handling and/or direct haul waste received at the Landfill other than via a transfer station shall be ten pereent of the Base Rate plds a" atheir then applieable mandated. fha sameas are charged under this franchise agreement n Transferred R..11. pursuarnf to subsection a of thJs Sectjon 6.4 " SECTION II. OPERATION. This amendment shall apply to special handling and/or direct haul received at the Landfill from and after November 1, 1994. SECTION III. EFFECT. This amendment is entered for administrative convenience, and is not a redetermination of the surcharge within the meaning of Section 6.2. Amend No.2 to First Amended Landfill Franchise,February,1996. IN WITNESS WHEREOF, this Agreement is effective on the date first provided on page one hereof. OPERATOR KELLER CANYON LANDFILL COMPANY, a California corporation By: �y y� President By: q19/a Vice-President COUNTY OF CONTRA COSTA By: Chair, Board of Supervisors ATTEST: By: Clerk of the Board APPROVED AS TO FORM: By: County Counsel Amend No.2 to First Amended Landfill Franchise,February,1996. COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA AMENDMENT NO. 2 TO FIRST AMENDED FRANCHISE AGREEMENT FOR THE KELLER CANYON LANDFILL THIS AMENDMENT NO. 2 to the FIRST AMENDED FRANCHISE AGREEMENT FOR THE KELLER CANYON LANDFILL is made and entered into this February 27 , 1996, by and between the COUNTY OF CONTRA COSTA (hereinafter "County") and KELLER CANYON LANDFILL COMPANY, a California Corporation, (hereinafter referred to as "Operator"). RECITALS WHEREAS, on September 13, 1994, the Board of Supervisors of County took action adopting a first amended franchise agreement with Operator, and WHEREAS, on November 1, 1994, the Board of Supervisors of County and Operator entered into Amendment No. 1 to the first amended franchise agreement with Operator, and WHEREAS, for administrative convenience the County has requested, and Operator agrees, to amend the provisions in the franchise agreement regarding County surcharges and fees for special handling and/or direct haul waste, so that County surcharges and fees on these types of waste will be the same as County surcharges and fees on transferred solid waste, NOW THEREFORE, the County and Operator, for and in consideration of the covenants and agreements as hereinafter set forth and for other good and valuable Amend No.2 to First Amended Landfill Franchise,February,1996. C �,l consideration, the receipt and sufficiency of which is hereby acknowledged, do mutually agree as follows: SECTION I. AMENDMENT. Subsection b. Of Section 6.4, Initial Surcharge, of the First Amended Franchise Agreement is hereby amended as follows (by adding .................... ..................... Tadd language and deleting the stricken language): .................................. "b. Special (direct haul) Wastes. The Surchar a rG r tai a h.lMes`f € ................................................. ................................................ r t > rd.rams s on special handling and/or direct haul waste received at the Landfill other than via a transfer station shall beten pereent of the Base Rate plus all othe,r .............................................................................................................................................................. .............................................................................................................................................................. then applieeble mandated. to same as are charged under this franchisegreemnt ____. __ __ . _ _ _. . _.. ..................................................................................................................................................................................................... n- ............................................r r d sa1JJ waste pp soar t to pub eet on a t this ect�or� Ea 4 SECTION 11. OPERATION. This amendment shall apply to special handling and/or direct haul received at the Landfill from and after November 1, 1994. SECTION 111. EFFECT. This amendment is entered for administrative convenience, and is not a redetermination of the surcharge within the meaning of Section 6.2. Amend No.2 to First Amended Landfill Franchise,February,1996. IN WITNESS WHEREOF, this Agreement is effective on the date first provided on page one hereof. OPERATOR KELLER CANYON LANDFILL COMPANY, a California corporation By. President By: Vice-President COUNTY OF CON COSTA By: February 27 , 1996 C a' , Board of Supervisors ATTEST: By: Clrk of the Board 00"— APPROVED AS TO FORM: By: _14;4 a County Counsel Amend No.2 to First Amended Landfill Franchise,February,1996. c,�z TO: BOARD OF SUPERVISORS FROM: Anne Marie Gold, County Librarian DATE: February 5, 1996 SUBJECT: REQUEST FOR AUTHORIZATION TO APPLY FOR AND ACCEPT FEDERAL FUNDING SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDED ACTION: APPROVE and AUTHORIZE the County Librarian to apply for an accept Federal Library Services and Construction Act grant funding in the amount of $20,000 under the "Exploring African-American Cultural Materials Grant Program" to increase the number of materials in the communities of EI Cerrito, Pinole, Pittsburg and San Pablo which will promote a better understanding of the African-American culture (no County funds.) FINANCIAL IMPACT: No matching funds are required. The Library's contribution will include staff time for selecting, acquiring, and processing the materials. BACKGROUND: The communities served by the EI Cerrito, Pinole, Pittsburg and San Pablo libraries have a large African American population. There are frequent requests for materials about the African American culture or materials that would help promote a better understanding of the culture. These grants will enable the library to purchase books, music and videos for adults and children which will serve to better reflect the African American culture in these communities. Continued on Attachment: SIGNATURE: _RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON 02/27/1996 APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS HEREBY CERTIFY THAT THIS IS A TRUE AND X UNANIMOUS(ABSENT ) CORRECT COPY OF AN ACTION TAKEN AND AYES: NOES: ENTERED ON THE MINUTES OF THE ABSENT: ABSTAIN: BOARD OF SUPERVISORS ON DATE SHOWN. Attested Februar7, 1996 Contact Rose-Marie Kennedy,646-6421 Phil Batchelor,Clerk of the cc: County Library Board of Supervisors and County Administrator County Administrator County Counsel By l Deputy Clerk l Abos%zMamer.grt Cj• 0 ) TO: BOARD OF SUPERVISORS Contra FROM: JOAN V. SPARKS, DIRECTOR ;, ' � 'I Costa COMMUNITY SERVICES DEPARTMENT Count�j DATE: February 1, 1996 SUBJECT: ACCEPT 1996 HEAD START PARTIAL GRANT AWARD (#39-815-2) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. RECOMMENDED ACTION: ACCEPT the 1996 Head Start Partial Grant award from the U.S. Department of Health and Human Services Administration for Children and Families (#39-815-2) in the amount of $2,704,313 for the provision of Head Start services to 1,163 children through May 17, 1996. II. FINANCIAL IMPACT: The maximum amount of Federal funds requested in the Community Services Department's grant application for the Head Start program was an amount not to exceed $6,500,000 which was approved by the Board on September 26, 1995. This Financial Assistance Grant awards 45 percent of the funds for the 1996 Head Start Program. III. REASONS FOR RECOMMENDATIONS/BACKGROUND: On January 9, 1996 the Board accepted a partial grant award of $625,347 of Federal funds from the Department of Health and Human Services Administration for Children and Families (ACF) to provide Head Start services through February 1996. A final appropriations bill to provide funding for Head Start in fiscal year 1996 (which began on October 1, 1995) has still not been passed by Congress or signed into law by the President. Thus, Head Start is operating under its third fiscal year 1996 government-wide interim funding act, known as a "continuing resolution" since mid- December. Passage of another continuing resolution or a final appropriation is required before operating funds for a full twelve months can be awarded. While the appropriations process is taking place, this partial grant will cover Head Start operations until May 17, 1996 by which time additional funds are exp e a availabled The partial award, CONTINUED ON ATTACHMENT: 1-YES SIGNATURE: M. � RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENOATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S),. ACTION OF BOARD ON _ February 27, 1996 ... APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE X UNANIMOUS(ABSENT AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. CC(ffACT: Joan Sparks, 313-7350 February 27, 1996 CC: CAO ATTESTED CSD PHIL BATCHELOR,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR BY ,DEPUTY M382 (10/88) � g3 Page 2 #39-815-2 including that granted through February 1996, is approximately 45 percent of the expected 12- month funding level which has been reduced by 3.9 percent of the on-going amount previously planned for fiscal year 1996. A decision not to approve this partial grant would result in the loss of needed Head Start services to children and families in this county. HEAD START PARTIAL GRANT AWARD FOR 1996 NARRATIVE STATEMENT 1. PROJECT/PROGRAM TITLE. Head Start. 2. FUNDING AGENCY. U.S. Department of Health and Human Services Administration for Children and Families 3. SUBMITTAL STATUS. Partial grant award for continuation of program during 1996. 4. PROPOSED TERM. January 1, 1996 through December 31, 1996. The Head Start program is expected to continue indefinitely. 5. CURRENT FUNDING. The actual 1996 Head Start funding allocation will not be known until resolution of the budget debate. The 1996 Head Start minimum allocation expected to be received is approximately $6.5 million dollars. Funding from this allocation for the period from January 1, 1996 through May 17, 1996 is already reflected in the Department's 1995- 96 County budget. 6. FUTURE FUNDING. Federal funding for Head Start program services is expected to continue indefinitely. 7. BUDGET SUMMARY. The Community Services Department is presenting one budget for the Head Start Division (combining the Central Grantee Operated Program, West Grantee Operated Program, Division Office, and temporary East Grantee Operated Program). The use of one centralized budget is to provide an overall picture for the financial operation of the Grantee. 8. STAFFING REQUIREMENTS. The Head Start program is administered by the Community Services Department. Central and West County Grantee Operated Program staff are currently employed by the County. Head Start services are also provided through subcontracts with Delegate Agencies. 9. PROGRAM NEED. According to the Association of Bay Area Government (ABAG) statistics, the number of preschool age children living in poverty in Contra Costa County equals 9,340. The number of three to five year old children in Contra Costa County living below the poverty level equals 48 percent of the total preschool age below poverty population. The Head Start program will serve approximately 1,143 children in the 1996 program year which is only 12 percent of the preschool age children living in poverty in the county. Other child development programs are serving approximately 23 percent of the preschool age children living below poverty which leaves approximately 65 percent (or 6,062 children) not being served. Clearly, there is a need to expand Head Start services in Contra Costa County. 10. RELATIONSHIP TO OTHER PROGRAMS. The Head Start program staff provides a vital link to many community services. Referrals include education, counseling, health, disability, mental health, battered women's and child protective services. 11. PROJECT GOALS. 1996-98 Program Goals selected by the Head Start Program Policy Council members as a result of the 1995 Community Needs Assessment are the following: Goal 1: The Head Start program will focus its training and technical assistance resources (PA20 funds) for 1996-98 on developing an effective intervention/prevention program for Family Abuse issues. Goal 2: The Head Start program will develop system to support job training and employment of parents that includes parents, staff, and community members by 1998. Goal 3: To provide parents and staff with prevention/intervention strategies that assist with food access, nutrition education, and low cost meals when dealing with a limited budget during 1996 through 1998. 12. EXAMPLES OF STATED OBJECTIVES. Objective for Goal 1: To select and train one staff member and one parent to provide a personnel management system to support at least one staff member and one parent as an expert in the field of Family Abuse prevention and intervention with training established December 31, 1996. Objective for Goal_2: To assess the employability needs of Head Start parents and develop a plan for employability and collaborate with the JTPA System by December 31, 1996. Objective for Goal 3: To develop strategies for implementing prevention/intervention techniques that are based on the parent need by December 31, 1996. 2 c. 0 13. ACTIVITY SUMMARY. The Head Start program is currently operated directly through Central and West County Grantee Operated Programs and indirectly through subcontracts with Delegate Agencies. The program is expected to provide services to approximately 1,143 children in Contra Costa County during 1996. 14. EVALUATION METHOD(S). Evaluation methods are included in the Head Start program application. The lead person responsible for administrative and program evaluation is the Head Start Program Manager. The lead staff responsible for Goals 1 and 2 is the Social Service staff. The Head Start Nutritionist is the lead person responsible for evaluation of Goal 3, prevention/intervention strategies that assist with food access, nutrition education, and low cost meals when dealing with a limited budget. 15. CHANGES COMPARED TO PRIOR YEAR (IF ANY). On June 27, 1995 the Board of Supervisors authorized the Community Services Department to operate the Central County Head Start Program directly beginning with the 1995-96 program year. This program was formerly operated by contract with Family Stress Center who voluntarily terminated the agreement effective July 31, 1995. Since the County, as the grantee, is responsible for the program once a Delegate Agency terminates its contract, the Board directed that a transition plan be developed. On August 3, 1995, the Board of Supervisors adopted the Transition Plan for Central County Grantee Operated Head Start Program. On September 12, 1995 the Board authorized the Department to notify the United Council of Spanish Speaking Organizations (UCSSO) that, because of failure to perform as a Delegate Agency, including non-compliance with Federal rules and regulations, the County will not renew its contract with the UCSSO for 1996. The Board also directed staff to give notice to the UCSSO of its appeal rights and set October 10, 1995 as the date for the Grantee to review any appeal filed by the UCSSO. On September 12 the Board also directed staff to prepare the 1996 Head Start grant application for the Antioch, Brentwood, Oakley, and Byron areas to reflect an interim Grantee Operated Program beginning January 1996 to ensure no interruption of services to families and children. 16. POTENTIAL CONTROVERSIAL ISSUES. The decision to provide East County Head Start services through an interim Grantee Operated Program beginning January 1996 may result in potential controversial issues. 3 cA TO: BOARD OF SUPERVISORS Contra FROM: # JOAN V. SPARKS, DIRECTOR :�. Costa COMMUNITY SERVICES DEPARTMENT . County DATE: February 8, 1996 N SUBJECT: APPROVAL OF 1996 STANDARD AGREEMENT#39-800-1 WITH THE STATE DEPARTMENT OF COMMUNITY SERVICES AND DEVELOPMENT FOR LOW INCOME WEATHERIZATION ASSISTANCE PROGRAM SERVICES SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. RECOMMENDED ACTION: APPROVE and AUTHORIZE the Community Services Director or her designee to execute and submit to the State, on behalf of the County, the 1996 State Standard Agreement#96C-9003 (County Contract Number 39-800-1) with the State Department of Community Services and Development in the amount of $22,188, for the period from January 1, 1996 through March 31, 1997, for continuation of Low Income Weatherization Assistance Program services. II. FINANCIAL IMPACT: This Contract is Federally funded through the State Department of Community Services and Development. Funding from this agreement for the period from January 1, 1996, through June 30, 1996, is reflected in the Community Services Department's FY 1995-96 budget. Funding for the period from July 1, 1996, through March 31, 1997, will be reflected in the Department's FY 1996- 97 budget. No County funding is required. III. REASONS FOR RECOMMENDATIONS/BACKGROUND: The budget negotiations in Washington, D.C. are still in progress and the State has not yet received a grant award letter from the U.S. Department of Energy regarding its 1996 allocation. When the Department of Energy releases the 1996 award notice to the State, the contract will be amended to include the new allocation. Contract #39-800-1 allows program services to continue for eligible county residents. This contract will be reviewed and approved as to form by County Counsel prior to submission to the State. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOA COMMITTEE APPROVE OTHER SIGNATURE(S): - ACTION OF BOARD ON FebruaLy 27, 1996 ! APPROVED AS RECOMMENDED _� OTHER VOTE OF SUPERVISORS X 1 HEREBY CERTIFY THAT THIS 13 A TRUE UNANIMOUS(ABSENT + AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. CONTACT: Joan Sparks, 313-7350 CC: CAO ATTESTED February 27, 1996 CSD PHIL BATCHELOR,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR BY ,DEPUTY M382 (10/88) INCOMING FUNDS NARRATIVE STATEMENT 1. PROJECT/PROGRAM TITLE. Low Income Weatherization Assistance Program. 2. FUNDING AGENCY. State Department of Community Services and Development. (Department of Economic Opportunity in 1995) 3. SUBMITTAL STATUS. This agreement continues a current program. 4. PROPOSED TERM. January 1, 1996 through March 31, 1997. 5. CURRENT FUNDING. $22,188 of federal funding through the State Department of Community Services and Development. This amount represents a percentage of last year's funding. Budget negotiations in Washington, D.C. are still in progress and the State has not yet received a grant award letter from the U.S. Department of Energy regarding its 1996 allocation. The agreement may be amended to add funds when the Department of Energy releases the 1996 award notice to the State. 6. FUTURE FUNDING. This has been a long-range program for which funding is expected to continue. The amount of future funding is dependent upon Congressional action. 7. BUDGET SUMMARY. A budget is being prepared to cover the amount of funding under this agreement. A revised budget will be prepared when the total amount of 1996 funding is determined. 8. STAFFING REQUIREMENTS. Darnell Turner will be responsible for administration of this project. 9. PROGRAM NEED. The Weatherization Program is needed to provide for energy efficient measures and savings to low-income residents of our County. Contra Costa County participation in this program is part of a national objective established by the federal government to ensure that low-income communities would be able to achieve energy savings on utility bills and gain some knowledge of how to use their utilities more efficiently. All clients served by this program must meet the federal poverty income guidelines as indicated by the program regulations. 10. RELATIONSHIP TO OTHER PROGRAMS. The Weatherization Program in this County interfaces with various County, city, and community-based organizations to prevent the duplication of services and efforts. The Housing/Energy Program Manager has established linkages with various agencies in our County and conducts community needs assessments to maintain a level of contact and resources referrals. 1 The Community Services Department, Housing and Energy Division currently collaborates with the cities of Concord, Antioch, Richmond and the County's Housing Authority in the sharing of information and referral. 11. PROJECT GOALS. The goal of this program is to provide energy savings measures to low-income communities which result in reduced energy costs under the Low Income Weatherization Program. 12. STATED OBJECTIVES. The objectives of this program are: a. To provide energy savings measures to the low-income communities which result in reduced energy costs. b. To educate low-income residents on how to achieve cost reductions as it relates to energy efficiency in the home. c. Assist clients with utililty bill assistance payments. All clients served by this program must meet the federal poverty income guidelines as indicated by the program regulations. Once the service has been completed, we have meet the objective in addressing the energy deficiencies of the clients energy concerns and awareness. 13. ACTIVITY SUMMARY. This program is operated by the Community Services Department Housing and Energy Division staff and management. The Housing and Energy Division is responsible for the administration of the Weatherization Program and the reporting of all program activities. 14. EVALUATION METHOD(S). Darnell Turner, Program Manager for the Housing and Energy Division will be responsible for Weatherization Program administration. The evaluation tools used in determining our outcomes is measured by the number of homes served and indicated in our work plan as listed in our contract. Once a home has been serviced by our crews, the Assessor is assigned to check for all work performed and completed. All work performed by our staff will be reviewed by the Program Manager for accuracy and compliance. 15. CHANGES COMPARED TO PRIOR YEAR (if any). NONE 16. POTENTIAL CONTROVERSIAL ISSUES. NONE 2 STATE bF CALIFORNIA •�� APPROVED BY THE CONTRACT NUMBER AM.NO. STANDARD AGREEMENT— ATTORNEY GENERAL 96C-9003 0 STU.2(REV.5-9t) TAXPAYERS FEDERAL EMPLOYER IDENTIFICATION NUMBER THIS AGREEMENT,made and entered into this 1St day of January 19_26, 94-6000509 in the State of California,by and between State of California,through its duly elected or appointed,qualified and acting TITLE OF OFFICER ACTING FOR STATE AGENCY DeTuty Director Admin Dept of Community Services and Development hereafter called the State,and CONTRACTOR'S NAME Contra Costa County (Community Services Department) I-39-800-1 hereafter called the Contractor. WITNESSETH: That the Contractor for and in consideration of the covenants,conditions,agreements,and stipulations of the State hereinafter expressed, does hereby agree to furnish to the State services and materials as follows: (Set forth service to be rendered by Contractor,amount to be paid Contractor, time for performance or completion,and attach plans and specifications,if any.) WHEREAS, pursuant to 42 United States Code (USC) 6861 et seq. , as amended, Contractor desires to implement the Department of Energy (DOE) Low-Income Weatherization (WX) Assistance Program to weatherize the dwellings of the eligible low-income population residing within the designated service area as described in Exhibit C. 1 . Consideration A. The total consideration payable by the State to Contractor for DOE WX assistance under This Agreement shall not exceed $ 22 , 188 . 00 , as set forth in Exhibit F. B. The consideration to be paid Contractor, as provided herein, shall be in compensation for Contractor' s performance installing weatherization measures specified in Section 31 .D of This Agreement . Contractor will also be compensated for all other reasonable expenses incurred in the performance of This Agreement, including travel and per diem. CONTINUED ON SHEETS,EACH BEARING NAME OF CONTRACTOR AND CONTRACT NUMBER. The provisions on the reverse side hereof constitute a part of this agreement. IN WITNESS WHEREOF,this agreement has been executed by the parties hereto,upon the date first above written. STATE OF CALIFORNIA CONTRACTOR AGENCY CONTRACTOR(it other than an individual,state whether a corporation,partnership,etc.) BY(A TH(YRIZED SIGNATURE) BY(AUTHORIZED SIGNATURE) D � PRINTED NAME OF PERSON SIGNING PRINTED NAME AND TITLE OF PERSON SIGNING Joan Sparks, Director TITLE ADDRESS L . AMO TEN MBERED BY THIS PROGRAM/CATEGORY(CODE AND TITLE) FUND TITLE Department of General Services DOCUMENT I T FUse Only (OPTIONAL USE) `r I hereby certify that aH cond'rtians PRIOR AMOU NC 2D THIS CONTRACT for exemption have been com- 0 IT CHAPTER STATUTE FISCAL YEAR plied with, and this document is TOTAL AMOUNT ENCUMBERED TO — — 1995 91; 196, exempt from the Department of DATE OBJECT OF EXPENDITURE(CODE AND TITLE) General Services'approval. I hereby certify upon my own personal knowledge that budgeted funds T.B.A.NO. B.R.NO. are available for the period and purpose of the expenditure stated above. SIG NATURE OF ACCOUNTING OFFICER DATE D CONTRACTOR 0 STATE AGENCY DEPT.OF GEN.SER. 0 CONTROLLER ❑ (96C/DOE) C. The total amount budgeted for Administrative Costs shall not exceed the limits described in Section 30.B. Adherence to Section 23.1), regarding equipment purchase or lease, is required and is not altered by the provisions of this Section. Expenditures in excess of the budget total shall not be reimbursed by the State. 2. Term The term of This Agreement shall be from January 1, 1996 through March 31, 1997. 3. Indemnification Contractor agrees to indemnify, defend, and save harmless the State, its officers, agents, and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, materialmen, laborers, and any other person, firm, or corporation furnishing or supplying work, services, materials, or supplies in connection with the performance of This Agreement, and from any and all claims and losses accruing or resulting to any person, firm, or corporation that may be injured or damaged by Contractor in the performance of This Agreement. 4. Independent Contractor Contractor and its agents and employees, in the performance of This Agreement, shall act in an independent capacity and not as officers, employees, or agents of the State. 5. Suspension and Termination A. Suspension 1. If Contractor or subcontractor has failed to comply with the performance-based terms of This Agreement, the State may, upon reasonable notice to Contractor or subcontractor, suspend This Agreement in whole or in part. The State may suspend This Agreement, in whole or in part, if Contractor has demonstrated two consecutive contract terms of unexpended funds in an amount of 10% or greater of their contract amount. The 93C DOE contract was designated the base-year or the inception year to calculate the specific time-frame denoting the first in a series of"consecutive" years. Additionally, the State may mandate special contract conditions which may require subcontracting of the DOE weatherization services. In the case of fraud or gross negligence, suspension.without prior notice by the State is permissible. 2 (96C/DOE) C- Fq 2. The notice of suspension shall state the reasons for the suspension, corrective action required of Contractor to comply with the terms of This Agreement, and the effective date of the suspension. 1 A suspension shall remain in effect until Contractor has taken corrective action satisfactory to the State, or has provided evidence satisfactory to the State that such corrective action will be taken. 4. New obligations incurred by Contractor under This Agreement during the 1. suspension period will not be allowed unless expressly authorized by the State in the notice of suspension or in a written authorization document. B. Termination 1. The.State may terminate This Agreement and be relieved of the payment of any consideration to Contractor should Contractor fail to perform the covenants contained herein at the time and in the manner provided herein. In the event of termination, the State may proceed to perform the covenants contained herein in any manner deemed proper by the State. The State retains lien rights on all funds advanced. 2. Either party to This Agreement may terminate it at any time prior to its date of expiration upon thirty (30) calendar days notice to the other party. Such notice shall be delivered to the other party in writing, stating the reason for termination and the effective date thereof. 3. Upon termination of This Agreement, the State, unless expressly granted in writing, shall not pay Contractor for any obligations incurred after the effective date of such termination. 6. Assignment Without the written consent of the State, This Agreement is not assignable by Contractor either in whole or in part. 7. Subcontracts A. Prior to the provision of subcontracted services, Contractor shall provide board resolutions, stating compliance with all the terms and conditions of This Agreement, from all of Contractor's subcontracted nonprofit and local government agencies who shall perform services in the regionalized area described in Exhibit C. 3 (96C/DOE) B. For all other types of subcontracting, Contractor shall provide to the State within sixty (60) calendar days of execution, the name of the entity, address, telephone number, contact person, contract amount, and program description of each subcontractor to This Agreement. C. Contractor shall assure that subcontractor(s) comply with all terms and conditions of This Agreement. D. Contractor shall immediately notify all of its subcontractor(s) in writina, in the event the State suspends or terminates This Agreement. E. Contractor is the responsible party, without recourse to the State, regarding the settlement and satisfaction of all contractual and administrative issues arising out of subcontracts entered into in support of This Agreement, including but not limited to disputes, claims, or other matters of a contractual nature as well as civil liability arising out of negligence or intentional misconduct of subcontractor(s). 8. Time Time is of the essence in the performance of This Agreement. 9. Amendment - Modification A. No alteration or variation of the terms of This Agreement shall be valid unless made in writing in the form of an amendment-modification and signed by the Parties. Exceptions to this requirement are line item changes to the contract budget which do not affect the maximum amount payable under the contract or the work to be performed, and the exceptions provided for in Section 15, Provisions for Federally- Funded Grants. 1. Request'for Amendment/Modification - Energy, CSD 509 (Rev. 1/96) is provided to submit changes to Exhibit E, Schedule of Energy Program Goals/Expenditures, and Exhibit F, the DOE Weatherization Program Budget. 2. Said requests shall be submitted no later than forty-five (45) calendar days prior to the expiration date of This Agreement. 3. Contractor will advise the State when proposed changes to the contract also affect the Program Budget. B. No oral understanding or agreement not incorporated herein shall be binding on any of the Parties. C. Contractor shall not revise weatherization goals solely for the purpose of meeting the performance-based requirement set forth in Section 29.A 4 (96C/DOE) vq D. CSD shall not approve a term extension solely for the purpose of meeting weatherization goals. 10. Enforceable Agreement This Agreement shall become a valid, enforceable agreement only after it is signed by authorized agents of the parties. 11. Equitable Treatment Contractor shall assure that owners and renters receive equitable treatment under this program. 12. Compliance with Rules and Regulations Activities of Contractor with respect to This Agreement shall be conducted in accordance with pertinent Federal and State rules and regulations, including relevant Office of Management and Budget(OMB) Circulars and amendments thereto. 13, Record-Keeping Responsibilities A. All records maintained by Contractor shall meet the OMB requirements contained in the following circulars: Common Rule, Subpart C, ("Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments") Local Governments or A-110, Subpart C, Nonprofit Organizations, whichever is applicable. B. Contractor shall maintain all records pertaining to This Agreement for a minimum period of three years after submission of the final report. However, Contractor shall maintain all such records until resolution of all audit findings is completed. C. Contractor shall make appropriate books, documents, papers, and records available to the Federal government, the State, or any of their duly-authorized representatives, including representatives of the entity selected by CSD to perform inspections, for examination, copying, or mechanical reproduction, on or off the premises of the appropriate entity upon a reasonable request therefore. D. Contractor shall maintain a separate file for each applicant certified as eligible to receive assistance. Said files shall-include at least the following documentation: 1. Intake and Job Order Sheet, CSD 565 (Rev. 1/96). 2. Copies of source documents supporting eligibility. 5 (96C/DOE) 077 3, Building Check and Job Order Sheet or Contractor's equivalent. E. Contractor shall also maintain an Intake and Job Order Sheet, CSD 565 (Rev, 1/96) and supporting documents, if any, including any appeal documents, for each applicant who is not certified as being eligible to receive assistance. F. Contractor assures that employee and applicant records shall be maintained in a confidential manner to assure compliance with the Information Practices Act of 1977, as amended, and the Federal Privacy Act of 1974, as amended. 14. Insurance and Fidelity Bond A. General Requirements 1. Third-Party Insurance a. By execution of This Agreement, Contractor agrees that the below required insurance policies and bond shall be in effect at all times during the term of This Agreement. b. Contractor shall provide the State with written notice at least thirty (30) calendar days prior to cancellation or reduction of insurance coverage to an amount less than that required in This Agreement. c. In the event said insurance coverage expires at any time or times during the term of This Agreement, Contractor agrees to provide, at least thirty (30) calendar days prior to said expiration date, a new Certificate of Insurance evidencing insurance coverage as provided for herein for not less than the remainder of the term of This Agreement.' d. In the event Contractor fails to keep in effect at all times insurance and bond coverage as herein provided, the State may suspend This Agreement, e, The State shall be named as additional insured on all certificates of insurance, except workers' compensation and fidelity bond, required under This Agreement. 2. Self-Insurance When Contractor is a governmental entity which self-insures, the State, upon satisfactory proof, will waive the appropriate insurance requirements upon written certification. This certification shall be signed by an appropriate county or city risk manager and contain assurance of the adequacy of the governmental entity's ability to cover any potential losses under This Agreement and shall specify which areas 6 (96CIDOE) Contractor will self-insure. Should Contractor utilize subcontractor(s) to provide services under This Agreement, Contractor shall indemnify and hold the State harmless against any liability incurred by the subcontractor(s). B. Workers' Compensation Insurance I. Contractor shall have and maintain, for the term of This Agreement, workers' compensation insurance issued by an insurance carrier licensed to underwrite workers' compensation insurance in the State of California. 2. Unless a current copy is on file with CSD, Contractor shall submit either an applicable Certificate of Insurance (ACORD 25) or a Certificate of Consent to Self= Insure issued by the Director of the Department of Industrial Relations to the State as evidence of compliance with the worker's compensatioh insurance requirement prior to issuance of an initial cash advance. C. Fidelity Bond I. Contractor shall maintain a fidelity bond in the minimum amount of eight percent (8%) of the total amount of consideration set forth under This Agreement. 2. Contractor shall submit an applicable Certificate of Insurance (ACORD-25) to the State as evidence of compliance with the fidelity bond requirement prior to issuance of an initial cash advance. D. Public Liability Insurance I. Contractor shall have and maintain for the term of This Agreement general liability and property damage insurance for a combined single limit of not less than $500,000 per occurrence. 2. Unless a current copy is on file with CSD, Contractor shall submit an applicable Certificate of Insurance (ACORD 25), naming CSD as an additional insured, to the State as evidence of compliance with public liability insurance requirements prior to issuance of an initial cash advance. E. Vehicle Insurance 1. Contractor shall have and maintain for the term of This Agreement vehicle insurance in the amount of$500,000 for each person and each accident for bodily injury and in the amount of$500,000 for each person and each accident for property damage. 7 (96C/DOE) 2. When employees use their own vehicles to perform duties within the scope of employment, Contractor shall have and maintain for the term of This Agreement non-owned and hired-auto liability insurance in the amount of$500,000 for each person and each accident for bodily injury, and $500,000 for each person and each accident for property damage. (Driving to and from work is not in the scope of employment.) 3. Unless a current copy is on file with CSD, Contractor shall submit an applicable Certificate of Insurance(ACORD 25), designating CSD as an additional insured, to the State as evidence of compliance with said vehicle insurance requirements prior to issuance of an initial cash advance. 15. ProvisionsforFederally-Funded Grants A. It is mutually understood between the parties that This Agreement may have been written before ascertaining the availability of congressional appropriation of funds, for the mutual benefit of both Parties, in order to avoid program and fiscal delays which would occur if This Agreement were executed after that determination was made. B. This Agreement is valid and enforceable only if sufficient funds are made available to the State by the United States Government for the purposes of This Program. In addition, This Agreement is subject to any additional restrictions, limitations, or conditions enacted by the Congress or any statute enacted by the Congress which may affect the provisions, terms, or funding of This Agreement in any manner. C. It Is mutually agreed that if the Congress does not appropriate sufficient funds for This Program, This Agreement shall be amended to reflect any reduction in funds. D. The State has the option to void This Agreement under the thirty-day (30) cancellation clause, pursuant'to Section 5.13.2., or to amend This Agreement to reflect anv reduction of funds. 16. Limitation on Use of Funds Contractor shall assure that funds received under This Agreement shall not be used for the purchase or improvement of land, or for the purchase, construction, or permanent improvement of any building or other facility other than low-income weatherization energy-related home repairs, 17. Right to Monitor. Audit. and Investigate A. Any duly-authorized representative of the Federal or State government, which includes but is not limited to the Bureau of State Audits and the entity selected by 8 (96C/DOE) g� CSD to perform inspections, shall have the right to monitor and audit Contractor and all subcontractors providing services under This Agreement through on-site inspections, audits, and other applicable means the State determines necessary. 1. Unless Contractor assumes the task of arranging inspection visits with the selected weatherization clients, Contractor shall provide the use of a telephone to the inspector. 2. Contractor is not expected to accompany the inspector on client inspection visits, to provide transportation, or to provide equipment to the inspector unless Contractor desires to do so. The inspector, however, will permit Contractor personnel to participate in client visits. B. Any duly-authorized representative of the Federal or State government shall have the right to undertake investigations in accordance with 42 USC 6861 et seq., as amended. C. All agreements entered into by Contractor with audit firms for purposes of conducting independent audits under This Agreement shall contain a clause permitting the State or a duly-authorized representative of the State or Federal government access to the working papers of said audit firm(s). 18. C'ontractor's National Labor Relations Board Certification Contractor hereby certifies under penalty of perjury that no more than one final unappealable finding of contempt of court, by a Federal Court, has been issued against Contractor within the immediately preceding two-year period because of Contractor's failure to comply with an order of a Federal Court which orders Contractor to comply with an order of the National Labor Relations Board. 19. Nondiscrimination Compliance A. Contractor hereby certifies compliance with the following: 1. Federal Executive Order 11246, as amended by Executive Order 11375, relating to equal employment opportunity. 2. Title VI and.Title VII of the Civil Rights Act of 1964, as amended. 3. Rehabilitation Act of 1973, as amended. 4. Vietnam Era Veterans Readjustment Assistance Act of 1972, as amended. 5. Title 41, Code of Federal Regulations (CFR), Chapter 60, Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor. 6. Public Law 101.336, Americans with Disabilities Act of 1990. 9 (96C/DOE) B. Contractor agrees to abide with and shall include the nondiscrimination and compliance liance provisions of the following clause in all subcontracts to perform work under This Agreement: I "During the performance of this contract, Contractor and its subcontractors shall not unlawfully discriminate, harass or allow harassment, against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including IHV and AIDS), mental disability, medical condition (cancer), age (over 40), marital status, and denial of family care leave. Contractors and subcontractors shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act(Government Code, Section 12900 et seq.) and the applicable regulations promulgated thereunder(California Code of Regulations, Title 2, Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated into this contract by reference and made a part hereof as if set forth in full. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. C. Contractor's signature affixed hereon shall constitute a certification under the penalty of perjury under the laws of the State of California that to the best of its knowledge will, unless exempted, comply with the nondiscrimination program requirements set forth in this section. 20. Affirmative Action Compliance A. Each Contractor or Subcontractor that has fifty (50) or more employees and has an agreement of fifty thousand dollars ($50,000) or more shall be required to develop a written Affirmative Action Compliance Program. B. The written program shall follow the guidelines set forth in Title 41, CFR, Section 60-1.40, Sections 60-2.10 through 60-2.32, Sections 60-250.1 through 60-250.33, and Sections 60-741.4 through 60-741.32. C. Each Contractor or subcontractor with less than fifty (50) employees shall comply with Section 202 of Part 11 of Executive Order 11246, as amended by Executive Order 11375. Contractor shall ensure that subcontractors falling within the scope of this provision shall comply in full with the requirements thereof. 10 (96C/DOE) 21. Fair Hearing Process for Alleged Violation of the Civil Rights Act Against Contractor A. In the event of any violation or alleged violation of Title VI of the Civil Rights Act of 1964, as amended, Contractor has the right to request a fair hearing in response to such violation or alleged violation within thirty (30) calendar days from the date of such action. B. The State shall conduct such fair hearing in accordance with Title 45, Code of Federal Regulations, Section 81.1. 22. Fair Hearing Process for Applicants for Denial of Benefits by_Contractor A. Contractor shall inform, at the time of intake, all applicants of their right to appeal all claims for assistance that are denied or are not acted upon with reasonable promptness. I. Contractor shall conduct a structured, fair, and impartial meeting within five (5) working days of the initial request for appeal and shall make a good faith effort to resolve the applicant's complaint(s) at the local level. Contractor shall make a written finding which sets forth the case of both parties and the decision of Contractor. 2. If the appeal is not resolved to the satisfaction of the applicant at the local level, Contractor shall inform the applicant that an appeal to the State may be requested as part of the Fair Hearing process and shall provide the applicant with an appropriate form. 3. If the applicant decides to appeal to the State, applicant shall submit a written appeal request to be received by the State within ten (10) working days from the date of Contractor's final decision. Upon request from CSD, Contractor shall provide all supportive documentation to be received by the State within five (5) working days. 23. Contractor Assurances and Certification A. Contractor certifies that it possesses legal authority to apply to the State for grants funded under the DOE Weatherization Assistance Program for Low-Income Persons and assures compliance with the purposes as set forth in 42 USC-6861, et seq., as amended. I1 (96C/DOE) B. Contractor assures that its governing body has adopted and passed a resolution, specific to This Agreement, which shall be forwarded to the State and which includes, at a minimum, the following provisions: l. Authorization for the submittal to the State of This Agreement, including all exhibits and assurances contained herein; and 2. The name and signature of the chairperson of the board;.the date signed by the chairperson; and, if applicable, the date the resolution was ratified by the board of directors; and 3. Authorization to, and identification of, the person certified as the official representative of the governing board to sign and enter into This Agreement; and 4. Identification of contract number and program; and S. Authorization to, and identification of, the person certified as the official rep- resentative of the governing board to enter into and accept any subsequent amendments to This Agreement and revisions to exhibits, along with a statement specifying whether the governing board intends to delegate authority for amendments which alter Section 1, Consideration, and/or Section 2, Term of This Agreement; and 6. A statement which stipulates whether the governing board intends to delegate authority for changes to Exhibit D, Assistance Priority and Limits. 7_ A statement, if subcontracting DOE Weatherization services with a nonprofit or local government entity, that identifies the name of the subcontracted entity, the type of DOE services to be provided by that entity, and the service area where subcontracted activities shall occur. C. 'Contractor assures that it shall exercise due care in the use, maintenance, protection, and preservation of State-awned property in Contractor's possession or any other property purchased by Contractor with State funds. Such care shall include, but is not limited to the following: 1. Maintaining insurance coverage against loss or damage to such property. 2. Ensuring that the legal ownership of any motor vehicle or trailer is in the name of the Contractor. 12 (96C/DOE) w / D. Contractor acknowledges that this is a performance-based contract as cited in Section 29.A. and assures that all supplies, materials, equipment, or services purchased with funds provided by This Agreement shall be used solely for the activities allowed under This Agreement unless a fair market value for such use is charged to the benefiting program and credited to This Agreement. 1. Contractor shall adhere to its established policy and procedures regarding the purchase or lease of equipment having an aggregate cost of five-thousand dollars ($5,000.00) or more. Policy and procedures will be in conformance with OMB requirements contained in the following Circulars: Common Rule, Subpart C, or A- 110, and approved by the Board of Directors. 2. Include the type and cost of equipment or material to be purchased or leased on the appropriate line item of the budget. If the purchase or lease of equipment is not included in the execution of This Agreement, CSD Form 558, Request for Purchase- Lease Approval must be submitted to CSD for approval. 3. Notwithstanding adherence to.OMB requirements contained in the following Circulars: Common Rule, Subpart C, or A-110, or prior approval from a Board of Directors to procure, prior approval for the purchase or lease of motor vehicles and trailers must be obtained from CSD by submitting CSD Form 558 in each instance. E. Contractor assures that it shall be in compliance with Federal and State Occupational Safety and Health Statutes, the California Safe Drinking Water and Toxic Enforcement Act of 1986, and Workers' Compensation laws. F. Contractor assures that it shall conduct outreach activities designed to assure that eligible households with elderly, disabled, American Indian, migrant or seasonal farm worker individuals, and children age 18 and under are made aware of the assistance available under This Agreement. G. Contractor assures that it shall be in compliance with anti-discrimination provisions of Section 102 of the Immigration Reform and Control Act of 1986, as well as requirements disqualifying certain legalized aliens from receiving benefits under This Agreement for five (5) years from the date they were granted temporary resident status even if they have been provided status according to Section 245A (amnesty or legalization) and 210A (replenishment workers) of the Immigration and Nationality Act, as amended. 13 (96C/DOE) H. Federal Certification Regarding Debarment. Susnensian andRelated Matters Contractor hereby certifies to the best of its knowledge that it or any of its officers: I. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions,by any Federal department or agency-, 2. Have not within a three (3) year period preceding This Agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or.performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property-, 3. Are not presently indicted for or otherwise criminally- or civilly-charged by a governmental entity (Federal, State, or local)with commission of any of the offenses enumerated in paragraph 2 of this certification; and 4. Have not within a three (3) year period preceding This Agreement had one or more public (Federal, State, or local) transactions terminated for cause or default. I. Drug-Free Workplace Certification Contractor certifies that a Drug Free Workplace Certification (Std. 2 1) is on file with CSD. The terms and conditions of Std. 21 shall have the same force, meaning, effect, and enforceability as if a certification were separately, specifically, and individually provided for each.grant between Contractor and CSD. I Contract Administration Contractors shall administer This Agreement in accordance with OMB requirements contained in the following Circulars.- Common Rule, Subpart C, for public agencies-, A- 110 for nonprofit organizations, K. Contractor Licensing Contractors that are nonprofit organizations and are performing weatherization activities under This Agreement certify that they possess an active Class "B", General Building Contractor license, issued by the Contractors' State License Board. 14 C . ?q (96C/DOE) 24. Conflict of Interest A. Contractor certifies that its employees and the officers of its governing body shall avoid any actual or potential conflicts of interest, and that no officer or employee who exer- cises any functions or responsibilities in connection with This Agreement shall have any personal financial interest or benefit which either directly or indirectly, arise from This Agreement. B. Contractor shall establish safeguards to prohibit its employees,or its officers from using their positions for a purpose which could result in private gain, or which gives the appearance of being motivated for private gain for themselves or others, particularly those with whom they have family, business, or other ties. 25. Political Activities A. Contractor shall refrain from all political activities if such activities involve the use of any funds which are the subject of This Agreement or any other funds, programs, projects, or activities which flow from This Agreement pursuant to 42 USC 9904(e), as amended. B. Contractor is prohibited from any activity which is designed to provide voters or prospective voters with transportation to the polls or to provide similar assistance in connection with an election if such activities involve the use of any funds which are subject-to This Agreement. 26. Lobbying Activities A..Contractor shall refrain from all lobbying activities if such activities involve the use of any funds which are the subject of This Agreement or any other funds, programs, projects, or activities which flow from This Agreement. B. If Contractor engages in lobbying activities, Contractor shall complete, sign, and date the Certification Regarding Lobbying/Disclosure of Lobbying Activities (Exhibit G). 27. Severability of Provisions Should a provision of This Agreement be held invalid by a court of competent jurisdiction, the remaining provisions of This Agreement shall continue to be valid and enforceable. 28. Addresses for the State All documents submitted by Contractor to the State pursuant to the terms of This Agreement shall be made by deposit in the U.S. Mail, first class, postage prepaid, or delivered by a commercial carrier bearing a legibly dated receipt, and addressed as follows: 15 C .$y (96C/DOE) Department of Community Services and Development ATTENTION- PROGRAMS BRANCH P.O. Box 780 Sacramento, CA 95812-0780 29. Prosuammatic Provisions A. Performance-Based Requirements Beginning in 1994, CSD established performance-based contracts. Attention to the distribution of carryover funds, or other funds designed to enhance DOE funds, shall consider previous year(s) adequate achievement of fiscal and programmatic performance. Adequate fiscal and programmatic performance will be the achievement of ninety percent (90%) of the stated goals and expenditures as submitted on CSD 564 (Rev. 1/96). Seventy-percent(70%) of the aforementioned 90% achievement shall have occurred prior to February 1, 1997. 1. Advance Payments a. Upon written request by Contractor, the State may issue an advance payment to Contractor in an amount not to exceed twenty-five percent (25%) of the total amount of This Agreement, as set forth in Section I.A. , b. In the event This Agreement is amended to increase the consideration of This Agreement, a subsequent advance payment not to exceed twenty-five percent (25%) of the amount of the increase may be authorized by the State, if Contractor requests such advance payment in writing. The need for such additional advance payment shall be based upon a review of Contractor's cash flow status as recorded on Contractor's current monthly expenditure report, c. Advance payments outstanding ninety (90) days prior to the expiration date of This Agreement will be offset against subsequent payments. 2. Subsequent Payments a. Payments to Contractor are contingent upon receipt by the State of the three-part Monthly Expend iture/Activity/Eamed Measures Report, CSD 571 (Rev. 1/96), as required under Section 29.0 of This Agreement. b. Contractor shall be entitled to obtain a maximum reimbursement of$1,854 per dwelling unit weatherized and for applying the conservation measures and activities described in Section 31.D. In the event the Governor declares a State of Emergency or Local Emergency under Article 13 or 14 of the Emergency Services Act, the maximum reimbursement shall be $2,000 per dwelling unit. 16 �• U7 (96C/DOE) c. In dwelling units in which the heating/cooling unit must be replaced, Contractor may expend no more than $2,750. This limitation includes all weatherization measures installed. d. Contractor may apply no more than 25% of the total program funds expended towards abating health and safety hazards based on heating and cooling services. e. Contractors will be authorized to abate health and safety hazards generated by heating/cooling sources, and to increase air exchange rates which are determined to be less than the minimum level. B. Contractor Activities 1. Coordination - Contractor shall refer potentially eligible applicants to other energy or conservation programs. Contractor shall coordinate its activities with other Federal, State, or local energy conservation programs with the goal of conserving energy, improving thermal efficiency, and defraying energy costs of low-income households. 2. Contractor shall not divide the application of individual weatherization measures between This Program and other weatherization programs unless the maximum CSD rate for a measure has been reached. 3. Client Education Contractor shall provide to all recipients of energy assistance under This Agreement applicable energy conservation information which shall include at least the following: a. A description of the benefits which the client can expect to receive as a result of the weatherization measures installed in the dwelling. b. An explanation of the action of each measure in terms of preventing air infiltration or the escape of heated or cooled air from the dwelling and how to maximize the effect of such measures. c. Written information which describes energy-saving behavioral adjustments which will decrease the energy consumption of the household. d. Resource information and referral, and family and budget counseling in order to assist clients in achieving self-sufficiency. 17 C • 9q (96C/DOE) C. Repo in 1. Monthly Repgrt_s Contractor shall ensure that the monthly report consisting of the three-part Monthly Expenditure/Activity/Earned Measures Report, CSD 571 (Rev. 1/96) is received by the State on or before the 15th calendar day of each month, regardless of the level of activity or amount of expenditures during the previous month. 2. Close-Out Report Contractor shall submit, on the appropriate CSD forms, a financial and programmatic close-out report and return all unexpended funds to the State within ninety (90) days after expiration of This Agreement. Final reimbursement to Contractor, if owed, shall be contingent upon receipt of this close-out by the State. Subsequent payments for other CSD contracts may also be contingent upon receipt of the close-out of This Agreement. .3. Revi a. The State shall review Contractor's monthly program operation reports and evaluate Contractor's demonstrated ability to effectively utilize all funds avail-able under This Agreement. b. As set forth in Section 9, an amendment to the total consideration of This Agreement may occur as a result of the State's review of Contractor's program and fiscal operations. D. Audit Reports 1. Funds provided under This Agreement shalr be included in an audit conducted in accordance with the provisions of OMB Circular A-133 for nonprofit agencies, or OMB Circular A-128 for public agencies, standards promulgated by the American Institute of Certified Public Accountants (AICPA), and those standards included in "Government Auditing Standards, 1994 Revision". 2. The financial and compliance audit shall contain the following supplementary financial information: a. A combining statement of revenue and expenditures for each contract which presents, by budget line item, revenue and expenditures for the contract or audit period. b. A computation sheet for each contract used to calculate the Contractor's earnings for the contract or audit period, including measurable values, and a 18 OLJ 0 -7 (96C/DOE) schedule of administrative expenditures. The results of this calculation will be used to determine: (1) The amount due Contractor (2) The amount due CSD, or (3) Whether the Contractor has been paid in full 3. If the Contractor has used the same *independent audit firm for more than five (5) consecutive years, the Contractor must submit, to the CSD Audit Services Unit, a written justification for using the same audit firm in excess of five (5) years and request approval from the Audit Services Unit to continue using the same audit firm. 4. Private, nonprofit contractors shall submit to CSD two (2) copies of the required audit report within one hundred eighty (180) calendar days of the end of the Contractor's fiscal year. Upon written request by the Contractor's CPA, which includes an explanation of why the audit cannot be submitted within one hundred eighty (ISO) calendar days of the end of the Contractor's fiscal year, an extension may be granted by CSR's Audit Services Unit for submittal of the audit report not to exceed thirty (30) calendar days from the original due date. The audit reports are to be submitted to the following address: Department of Community Services and Development Audit Services Unit 700 North 10th Street, Room 258 Sacramento, CA 95814 Attention: Audit Manager 5. Local governmental entities shall submit to CSD two (2) copies of the required audit report within thirty (30) calendar days after the completion of the audit, but no later than one (1) year after the end of the audit period,- The audit reports are to be submitted to the address stated in Section 4 above. a. Local governmental agencies shall submit the required number of copies of the audit report in accordance with the guidelines set by the Division of Audits of the State Controller's Office. Said reports are to be submitted to the following address: State Controller Division of Audits 300 Capitol Mall, Fifth Floor Sacramento, CA. 95814 6. Where services or funds under This Agreement are provided to, for, or by a wholly- owned or wholly-controlled subsidiary of Contractor, Contractor hereby provides assurance that an audit shall be performed of this subsidiary organization in 19 (96C/DOE) accordance with this section 29.D. Said required audit report shall be made available to the State upon request. 30. Budget Definitions A. Cost Reporting All costs shall be reported using a "modified accrual" or "accrual" method of accounting. B. Administrative Costs 1. Administrative Costs shall mean costs for auxiliary functions such as accounting, auditing, monitoring assistance, facilities, utility costs, and like services necessary to sustain the direct effort involved in administering a grant program or an activity providing services to the grant program. 2. Local governments shall use OMB Circular A-87 (Cost Principles for State and Local Governments) as a guide for determining administrative costs. 3. Private, nonprofit corporations shall use OMB Circular A-122 (Cost Principles for Nonprofit Organizations) as a guide for determining administrative costs. 4. Unless applied for and approved on CSD 574 (Rev. 1/96), payment under this budget line item shall not exceed five percent ( 5 %) of the cumulative allowable program expenditures for weatherization activities performed under This Agreement. C. Program Costs 1, Program Costs are all allowable costs other than Administrative Costs. 2. Program Costs include those costs which are directly attributable to the performance of This Agreement, and which are reasonable and necessary as determined by the State, for the purpose of delivering services. Allowable costs shall be as set forth in Title 10, Code of Federal Regulations, Section 440.18(c). 31. Special Provisions A. Applicant Eligibility 1. Weatherization assistance services shall be available only to the following households: a. Households in which one or more individuals are receiving: 20 gq • (96C/DOE) 1) Aid to Families with Dependent Children (AFDC); or 2) Supplemental Security Income (SSI)/State Supplementary Program (SSP) payments; or 3) Food Stamps; or 4) Payments under Sections 415, 521, 541, or 542 of Title 38 of the United States Code, or under Section 306 of the Veterans' and Survivors' Pen- sion Improvement Act of 1978. OR b. Households with incomes that do not exceed an amount equal to one hundred fifty percent(150%)of the Federally-established poverty level. If applicable income records for a minimum period of at least sixty (60) days immediately preceding the date of application shall be used in determining eligibility based on income only, C. Appropriate documents shall be maintained in each applicant's file. 2. No household shall be excluded from eligibility for services if the household has an income which is less than one hundred ten percent(110%) of the Federally- established poverty level. 3. The provision of weatherization services shall begin within one-hundred twenty (120) calendar days of eligibility certification or the household shall be recertified. B. Service Priority 1. Contractor shall give first priority for weatherization services to those households which have the lowest incomes and the highest energy cost in relation to income, taking into account family size. 2. Contractor shall factor into its first priority, eligible households with elderly, handicapped, and children. 3. Additional priorities shall be as set forth in Exhibit D. C. Scope of Services 1. Outreach Contractor may claim reimbursement for outreach as set forth in Section 31,D only once for each unit weatherized whether under This Agreement or a previous CSD agreement. 21 (96C/DOE) a. Unweatherized DwellinLs Reimbursement for outreach maybe claimed by Contractor in accordance with Section 3 LD for each eligible unit not previously weatherized. Addi- tionally, Contractor will be allowed to claim reimbursement when a safety check of combustion appliances reveals safety hazards which preclude tightening of the envelope. b. Dwellings Weatherized with Noun-federal Funds Reimbursement for outreach may be claimed by Contractor only if the previous weatherization was performed by another service provider. C. Dwellings Weatherized with Low-Income Home Energy Assistance Program (LMEAP) and DOE Funds Reimbursement for outreach may be claimed by Contractor only once when LMEAP and DOE funds are used concurrently in the same unit. 2. julaU a. Unweatherized Dwellings Reimbursement for intake may be claimed by Contractor in accordance with Section 3 LD for each eligible household not previously weatherized. Addi- tionally, Contractor will be allowed to claim reimbursement when a safety check of combustion appliances reveals safety hazards which preclude tightening of the envelope. b. Dwellings Weatherized with Nonfederal Funds If the previous weatherization was performed under a nonfederal program, the occupant eligibility must be certified; therefore, Contractor may claim reim- bursement for intake. C. Dwellings Weatherized with LMEAP and DOE Funds Reimbursement for intake may be claimed by Contractor only once when LIHEAP and DOE funds are used concurrently in the same unit. 3. Assessment of Dwelling a. Contractor shall inspect the dwelling of each eligible applicant to determine if the unit is structurally sound and not in need of extensive repairs. 22 c. . 81 (96C/DOE) b. If the dwelling unit is not eligible because of the need for extensive repair, the unit shall not be serviced and the applicant should be referred to the local Housing and Community Development Department, U.S. Farmers Home Administration Housing Loan Program or other similar organizations or programs. C. Documentation of ineligibility due to the need for extensive repairs shall be recorded on the Intake and Job Order Sheet, CSD 565 (Rev. 1/96), and reported to CSD. d. If the applicant can obtain the necessary repairs to make the dwelling unit eligible for weatherization services, weatherization activities may be accomplished following the repair work. e. If an unvented space heater is being utilized, envelope-tightening measures shall not be applied unless venting is installed or the unit is replaced. f. Contractor shall conduct a preliminary combustion appliance safety check on all dwelling units that are not all-electric units, and, where applicable, perform a post-check of said dwelling, using the Combustion Appliance Safety Inspection Form (RHA 1/1/96). g. Reimbursement for assessment may be claimed by Contractor in accordance with Section 3 LD for each eligible household not previously weatherized. Additionally, Contractor will be allowed to claim reimbursement when a safety check of combustion appliances reveals safety hazards which preclude tightening of the envelope. h. Following a determination that no combustion by-product hazards exist, a blower door test may be performed on each dwelling. i. Blower door testing and resulting infiltration repairs, other than Caulking and/or Weatherstripping, may result in attaining the lower limit of cubic feet per minute infiltration, thereby precluding further tightening by Caulking and/or Weatherstripping. j. If the unit otherwise qualified for Weatherization because of the apparent need for Caulking and/or Weatherstripping, it now becomes ineligible. However, Contractor may requalify the unit by substituting Optional Measures (other than Furnace or Air Conditioning Filter Replacement and Water Flow-Restricting Devices), as needed, in place of the now non-feasible Caulking and/or Weatherstripping measures. 23 C .2q (96C/DOE) 4. Unweatherized Dwellings a. A unit may qualify if a health or safety hazard is found to exist which requires a combustion appliance to be repaired or replaced to correct, the cost of which will preclude the installation of the required number of mandatory measures, If combustion appliances are not present, single family detached and other .single story dwellings which have not been previously weatherized under.a CSD or other program shall not be weatherized unless- 0 ceiling insulation plus two (2) additional mandatory measures are installed, OR 0 in the event ceiling insulation Is not feasible, at least four mandatory measures are installed, unless the Blower Door test indicates that fewer than four mandatory measures are needed to be installed as noted under Section 3 1.C.7.a.1. b. Multi-story, multi-unit complexes may qualify with the installation of ceiling Zn insulation and any two (2) other mandatory measures or, in the event ceiling insulation is not feasible, at least three (3)mandatory measures. Installation of ceiling insulation may be counted as a ceiling insulation measure for each unit within that building envelope. The charge shall be prorated among all dwelling units. Insulation of a common water heater shall qualify as a mandatory measure for each unit served by the same water heater. However, reimbursement may be claimed for only one water heater and the equivalent number of standard-sized water heater blankets installed, and the cost shall be prorated among all dwelling units. c. Reimbursement for dwelling assessment may be claimed by Contractor in accordance with Section 31.D for each eligible unit not previously weatherized. 5. Previously-Weatherized Dwellings a. If a dwelling has been previously weatherized under a Federal Program between September 30, 1975, and September 30, 1985, Contractor may provide, within the dollar limits of This Agreement, heretofore unapplied mandatory and optional measures. The dwelling and occupant eligibility must be recertified; therefore, Contractor may claim reimbursement for assessment of the dwelling. 24 c . s� (96C/DOE) accomplished in conformance with the CSD Weatherization Installation Standards (WIS) manual and the CSD Weatherization Program Policies and Procedures manual, hereby 'incorporated by reference. Standards contained in the Uniform Building Code and local city and county codes shall take precedence over the CSD WIS manual if the code requirement-. (1) is not included in the manual or (2) is more stringent. d. Upon the State's request Contractor shall furnish proof that materialsused under this program conform to the requirements of Exhibit A, Materials Standards, the CSD WIS manual and/or State, county, or local regulations and were procured in conformance with OMB requirements contained in the following Circulars: Common Rule, Section 36, or A-110, Attachment O. e. Any weatherization materials purchased with these grant funds and remaining, at the expiration of This Agreement shall be credited against Contractor's weatherizatio' n materials expenditures under This Agreement and charged to whatever other weatherization program Contractor may have in effect. If Contractor has no other weatherization program in effect, the State shall be contacted for disposition instructions. 8. Quality Assurance a. Contractor, or its designee, shall review all of the dwellings Contractor has weatherized. A statement certifying that all required measures were installed per contract and CSD installation standards shall be noted on the front of the Building Check and Job Order Sheet, or the Contractor's equivalent, and signed and dated by the reviewer. Contractor shall not report a dwelling as weatherized nor request reimbursement prior to this final certification. b. The State, or its designee, may perform an inspection of dwellings weatherized under This Agreement. Contractor agrees to correct any work deficiencies noted by the State or its designee. Contractor agrees to take action and correct such deficiencies within twenty (20) working days of written notification. C. Contractor shall attempt to correct safety hazards resulting from weatherization measure installation within twenty-four (24) hours and shall completely resolve such hazards within five (5) working days of written notification. 26 C.$y (96C/DOE) 9. Client Education a. Unweatherized Dwellings Client education shall be conducted in accordance with Section 29.B:3. and reimbursement for such may be claimed in accordance with Section 31.D for the occupants of each eligible unit not previously weatherized. Additionally, Contractor will be allowed to claim reimbursement when a safety check of combustion appliances reveals safety hazards which preclude tightening of the envelope. b. Dwellings Wegtherized with Nonfederal Funds Reimbursement for client education shall not be claimed by Contractor unless the dwelling was previously weatherized by non-Federal funds, i.e., regulated or non-regulated utility companies, private sector funds, etc., or by a weatherization service provider not associated with the provisions of This Agreement. If such circumstances exist, client education shall be conducted in accordance with Section 29.13.3. and reimbursement may be claimed in accordance with Section 3 LD for the occupants of each eligible unit previously weatherized. C. Dwellings Weatherized with LIHEAP and DOE Funds Reimbursement for client education may be claimed by Contractor only once when LII-IEAP and DOE funds are used concurrently in the same unit. 10. Selection of Units to be Weatherized a. Multiple Unit Dwellings Funds under This Agreement may be used to weatherize an entire building containing multiple dwelling units only if the dwelling units occupied by eligible applicants represent at least sixty-six and two-thirds percent (66- 2/3%) of the total units within the building (as defined in Section 31.A. of This Agreement). In order to weatherize a building which contains two units or four units, at least fifty percent (50%) of the dwelling units must be eligible. Otherwise, only units occupied by eligible households shall be serviced. b. The amount of funds applied to weatherization services in a building shall not exceed the number of eligible dwelling units multiplied by the $1,854 maximum per unit. Example: If a building of ten (10) units has eight(8) units occupied by eligible households and two (2) units occupied by ineligible households, $14,832 is the maximum to be paid. 27 C . (96C/DOE) Within the $14,832 ($750 maximum for minor envelope repairs per eligible unit), $6,000 is the maximum amount for the minor envelope repairs which can be reimbursed. C. Contractor shall certify unit eligibility by completing Intake and Job Order Sheet, CSD 565 (Rev. 1/96), for each dwelling unit in each building. Certification of eligibility by the owner/manager of the occupants of the building/complex is not acceptable, d. A CSD Form 75P (Rev. 1/96), Multi-family Dwelling Unit Eligibility Certi- fication form shall be completed for each complex, and a copy shall be maintained in each individual client file. e. UnoccupiedMulti-Unit Buildings If an entire building is unoccupied, or it will become eligible within 180 days from assessment, under a Federal, State or local government building improvement program, each dwelling unit within said building may be weatherized providing the owner or owner's agent signs an agreement limiting occupancy to those meeting eligibility guidelines set forth in Section 31.A. of This Agreement for a period of two (2) years from the completion of the weatherization work. f. Group Homes If the building does not qualify as a multi-family structure, income eligibility is based on all occupants as a group, and the building must be weatherized as a single dwelling unit. The maximum which can be paid is $1,854 as specified in Section 29-A.2..b. g. Temporary Shelters/Homeless Individuals Eligibility of the occupants may be assumed if the owner/operator will certify in writing that occupancy is limited to no more than ninety (90) days and that Z_ admittance criteria complies with CSD contract eligibility guidelines. Whether or not rent is paid has no effect on eligibility. Maximum reimbursement will be based on the unit otherwise qualifying as a multi- family structure or a group home. h. Contractor shall obtain written permission of the owner of a rental unit, or his/her agent, prior to performing any weatherization services. Such permis- sion shall be recorded on the sample Weatherization Service Agent Agreement Rental Units form, or Contractor's equivalent. 28 c. ,3y (96C/DOE) i. Weatherization services shall be provided to a dwelling unit on a one-time basis for the same occupant(s), except that Contractor may return to the unit within the same calendar year under which the initial services were provided and apply measures not applied during the initial services within the total remaining expenditure limit. J_ Reimbursement for outreach and assessment shall not be claimed nor can the unit be claimed as another completion. Client education may be claimed at the Previously Weatherized rate per Section 31.D. The only exception shall be when the unit is damaged by a natural disaster such as a fire, earthquake, hurricane, etc., and such damage is not covered by insurance. k. Contractor shall not weatherize a dwelling unit which is designated for acquisition or clearance by a Federal, State, or local program within twelve (12) months from the date weatherization of the dwelling unit would be scheduled to be completed. D. Payment Guidelines Reimbursement to Contractor shall be the equivalent of either Contractor's actual expenditures or the value of all energy conservation measures and activities completed and reported, whichever amount is less, provided that Contractor does not request reimbursement or credit for the same activity or measure, except for intake and dwelling assessment, from any other source. Contractor may claim credit only for allowable measures and activities performed under This Agreement In addition to the applicant eligibility criteria set forth in Section 3 LA, each dwelling unit shall be assessed for eligibility. A Building Check and Job Order Sheet, or Contractor's equivalent, and Intake and Job Order Sheet, CSD Form 565 shall be maintained for each dwelling which reimbursement is claimed. 29 (96C/DOE) REIMBURSEMENT GUIDELINES ACTIVITIES PER DWELLING Outreach $25 Intake $25 Non-Blower Door Assessment: Units with attics $50 Units without attics $35 Client Education: Unweatherized $40 Previously Weatherized $25 Reimbursement for any or all of the outreach, intake, assessment, and client education activities shall only be made for dwelling units weatherized under the terms of This Agreement. Initial General Heat Waste and Safety Assessment: Safety Check of Combustion Appliances Pre-Test $45 Post-Test $35 Blower Door Test (Optional) $60 Duct Leakage Tests Pre-Test $35 Post-Test $25 Should the safety ch'eck of combustion appliances reveal safety hazards which preclude envelope-tightening measures, and cannot be eliminated, Contractor will be allowed to claim reimbursement for outreach, intake, client education, and safety check and for the installation of mandatory measures identified by Note 5 at the end of this Section. Example: Outreach $ 25 Intake $ 25 Non-blower Door Assessment $ 50 Safety Check of Combustion Appliances $ 45 Total $145 30 C . 8q (96C/DOE) MANDATORY MEASURES (All rates include labor and material costs) Priority I Combustion Appliance Health or Safety Hazard Repair or Replacement per dwelling (indicate on the Intake and Job Order Sheet, CSD.Form 565, which Health or Safety conditions are to be addressed) Vented Heating Source Replacement . . . Max. $2,750.00 Heating Source Repair . . . . . . . . . Max. $1,000.00 2. Carbon Monoxide Detector/Alarm . . . . Max. $ 80.00 (Install only if operating carbon monoxide producing appliances. Limit of two detectors per dwelling for a maximum of$160.00 per dwelling. If only one detector is installed, the maximum reimbursement will be $80.00, including labor and materials. Display labor • and material costs on Earned Measures Report, CSD 571). [refer to installation standards forwarded February 7, 1995] 3. Glass Replacement, per dwelling Up to $ 750.00*' 4. Duct and Register Repair/Replace Up to $1,000.00*1" 5. Minor Envelope Repairs, per Up to $ 750.00*0 dwelling (see Exhibit B) 6. Evaporative Cooler/Air Conditioner Vent Cover $ 55.654 7, Attic Venting, per dwelling Up to $ 300.00*1-1 8. Ceiling Insulation Ceilings Kneewall' R-11, per square foot. $35 $.45 R-19, per square foot .45 .50 R-30, per square foot 50 N/A R-38, per square foot .60 N/A 31 C (96C/DOE) 9. Water Flow Restrictors: a. Low-Flow Showerhead, each $ 22.005 b. Hot Water Faucet Restrictor, each $ 6.755 10, Door Weatherstrip, per hinged entrance $ 3 3.600 11, Water Heater Blanket, each $ 28.35, 12. Water Heater Pipe Wrap, $ 1.705 per linear foot of pipe 13, Duct Wrap, per linear foot of duct $ 2.255 14. Outlet Switch Gaskets, $ 27.85^.6 per dwelling 15. Caulking, per dwelling Up to $ 65.00*4_6 16. Non-door Weatherstrip, $ 1.704 per linear foot (Includes sliding glass doors and open-combustion appliance enclosure doors. Does not include weather- strip applied to attic and crawl-space access hatches, evaporative cooler or air conditioner covers. When insulation is not installed, applies to access hatches and windows.) 32 (96C/DOE) OPTIONAL.MEASURES Per Dwelling Evaporative Cooler Repair, per cooler Up to $ 75.00*5 Filter Replacement for Air Conditioning or Furnace Unit- Filters Only . $ 16.805 Filters plus Filter Replacement Signal $ 22.005 Floor Foundation Venting (Crawl Space Venting) Up to $ 315.00* Floor Insulation, over 36" clearance, per square foot $ 70**5 Floor Insulation, under 36" clearance, per square foot $ .80**5 Electric Water Heater Timer, each $ 94.505 Setback Thermostat, per dwelling $ 133.355 Shadescreen, per square foot $ 2.805 Shutters, per square foot $ 5,005 Storm Windows, Operable, Vinyl, per square foot $ 5.00' Storm Windows, Operable, Polycarbonate, per square foot $ 5.50, Storm Windows, Operable, Glass, per square foot $ 7.254 Storm Windows, Fixed, per square foot $ 2.504 Tinted Film, per square foot 2.801 Wall Insulation, per square foot .90, Furnace/Boiler Replacement, Including Vented Space Heaters Up to 2,750.00***1,5 per dwelling Heating Source Repair, per dwelling Up to $ 1,000.00** 5 Air Conditioning Unit Repair, per dwelling Up to $ 1,000.00** 33 e, (96C/DOE) Footnotes Materials cost plus $35 per hour per person for labor. Crawl space height shall be documented on the Intake and Job Order Sheet, CSD 565 (Rev,. 1/96), (or Contractor's equivalent). Must be completed by a licensed contractor. Materials cost plus labor. Furnace/Wood- Fueled Space Heater/Boiler, and vented-space heater 'installations shall be covered by a building permit. May be classified as mandatory if safety hazard exists. Reimbursement shall be based upon the type of measure repaired or replaced as specified in the rate schedule under Optional Measures. Perform only when installing insulation. Do not perform if residence has an operative evaporative cooler. When using a blower door in conjunction with weatherizing a dwelling, these measures are not to be applied if the infiltration rate is less than the Minimum Ventilation Requirement or if the economic stop point for air sealing has been reached. (Refer to the Building Shell/Blower Door Use sections of the CSD Weatherization Installation Standards.) Does not apply to catastrophic leaks that are health and safety hazards (e.g. broken-out window, severely damaged door, etc.) If a combustion appliance safety hazard is found to exist, Contractor may apply the non-envelope sealing Mandatory and Optional Measures identified by this note. When applying infiltration-reducing measures in conjunction with blower door testing, the crew hours set forth in the charts in Appendix A of the CSD Weatherization Installation Standards (WIS) manual may be increased up to double the applicable amount for no more than the first fifteen(15) units. 34 C w (96C/DOE) E. Mileage Contractor shall be credited $.53 per mile for one round trip for any one dwelling weatherized. This credit is applicable only to those dwellings located outside a forty (40) mile radius from Contractor's materials storage site, or headquarters if the work is being performed by a subcontractor. If more than one dwelling is weatherized per trip, the mileage credit applies only to the dwelling serviced which is the farthest from Contractor's materials storage site, or headquarters if the work is being performed by a subcontractor, 32. Forms Masters of intake forms and reporting forms shall be provided by-CSD to be duplicated by Contractor for future use. 33. Exhibits The following exhibits are attached to This Agreement and are hereby incorporated-by this reference. A. Materials Standards Which Are Not Included in the CSD Weatherization Installation Standards Manual B. Definitions C. Service Area D. Assistance Priority and Limits E. Schedule of Energy Program Goals/Expenditures, CSD 564 (Rev. 1/96) F. DOE Weatherization Program Budget, CSD 570 (Rev. 1/96) G. Certification Regarding Lobbying/Disclosure of Lobbying Activities 35 CIN (96C/DOE) EYHIBIT A Page I of I MATERIALS STANDARDS VvrMCH ARE NOT INCLUDED INT THE CSD WEATHERIZATION INSTALLATION STANDARDS MANUAL REPLACEMENT FURNACES AND BOILERS Chimneys, fireplaces, vents, and NFPA1 211-1988 solid fuel-burning appliances Gas-fired furnaces ANS12 Z21,47-1987, Z21.47a-1988, Z21.47b-1989, and ANS12 Z223.1-1988 (NFPA1 54-1988) 011-fired furnaces UL' 727, August 27, #1991 Revision and NFPA' 31-1987 Liquid petroleum gas storage NFPA' 58-1989 HEATING REPAIRS Replace Combustion Chamber Conformance to NFPAI 31-1987 in Oil-Fired Furnaces or Boilers --------------------------------------------------- ' National Fire Protection Association 2 American National Standards Institute Underwriters Laboratory c! (96C/DOE) Page I of 4 EXHIBIT B DEFINITIONS GENERAL DEFINITIONS Authorized Agent - The duly-authorized representative of the Board of Directors of Contractor and duly-elected or -appointed, qualified, and acting officer of the State: In the case of Contractor, the State shall be in receipt of a resolution from the Board of Directors affirming an agent's representative capacity to bind Contractor to the terms of This Agreement. Contractor- The entity (partnership, corporation, association, agency, or individual) designated on page I of This Agreement. CSD - The Department of Community Services and Development, State of California. Parties - The State of California and the Contractor. Subcontractor - An entity (partnership, corporation, association, agency, or individual) that enters into a Subcontract with Contractor to fulfill the terms of This Agreement. Subcontracts - Contracts entered into by and between Contractor and Subcontractor to carry out the purpose of This Agreement. The Stat - The State of California, Department of Community Services and Development. This Agreement - The complete contents of this contract entered into by and between the State and Contractor, including all rights, duties, and obligations whether expressed or implied required toward the legal performance of the terms hereof. This Program - Weatherization services provided under 42 USC 6861, et seq., as amended. (96C/DOE) Page 2 of 4 Exhibit B - Definitions (continued) APPLICANT DEFINITIONS American Indian - Any individual who is a member or a descendant of a North American tribe, band, or other organized group of native people who are indigenous to'the continental United' States or who otherwise have a special relationship with the United States through treaty, agree- ment,,or some other form of recognition, residing within the State. This includes any individual who claims to be an In*than and who is regarded as such by the Indian community of which he or she claims to be a part. This definition also includes Indians of Alaska. Children - Members of a household who have not attained their nineteenth (19) birthday. Dwelling Unit- A house, including a stationary mobile home, an apartment, a group of rooms, or a single room occupied as separate living quarters. Elder] - An individual 60 years of age or older. Family Unit - All persons living together in a dwelling unit. Handicapped Person - Any individual who is: (1) a handicapped individual as defined in Section 7 (6) of the Rehabilitation Act of 1973; (2)under a disability as defined in Section 1614(a)(3)(A) or 223(d)(1) of the Social Security Act or in Section 102(7) of the Developmental Disabilities Services and Facilities Construction Act; or (3)) receiving benefits under Chapter 11 or 15 of Title 38 U.S.C. Migrant Farm worker- A seasonal farm worker who performs or has performed farm work during the eligibility determination period (any consecutive 12-month period within the 24-month period preceding application for program benefits and/or services) which requires travel such that the worker is unable to return to his/her domicile (permanent place of residence) within the same day. Seasonal Farm worker-A person who during the eligibility determination period (any 12-month period within the 24-month period preceding application for program benefits and/or services) was employed at least 25 days in farm work or earned at least $400 in farm work-, and who has been primarily employed in farm work on a seasonal basis, without a constant, year-round salary. Separate Living Quarters - Living quarters in which the occupants do not live and eat with any other persons in the structure and which have either: (1) direct access from the outside of the building or through a common hall; or (2) complete kitchen facilities for the exclusive use of the occupants- The occupant(s) may be a single family, one person living alone, two or more families living together, or any other group of related or unrelated persons who share living arrangements. (96C/DOE) Page 3 of 4 Exhibit B -Definitions (Continued) ENERGY CONSERVATION MEASURE AND ACTIVITY DEFINITIONS Assessment - The process of performing an on-site review of the dwelling unit of an eligible applicant in order to determine the if the dwelling qualifies for weatherization and, if so, to ascertain the labor and materials necessary to weatherize the unit. Energy Conservation Measures - The measures as defined in the CSD Weatherization Installation Standards Manual and the CSD Mobile Home Weatherization Installation Standards listed in Section.31.D. In addition, the following definitions are provided: Evaporative Cooler Repairs -Repair or replacement of filter pads, water pumps, belts, motors, or other components which will promote efficient operation of the unit. Filter Replacement- May be a one- or a two-step measure. The one-step measure is to replace the air conditioning or furnace filter with a washable filter. The two-step measure includes a filter replacement signal in addition to the filter. Heating/Air Conditioning Appliance Repairs - Cleaning of fuel nozzles and jets, replacement of thermocouples, freon, or other component repairs or replacements necessary for safe and efficient operation. Must be accomplished by a person licensed to perform such work. Intake - Includes, but is not limited to, the process of completing an intake form and reviewing applicant documentation in order to verify eligibility. Minor Envelope Repairs - Those repairs necessary for the effective performance or preservation of weatherization materials or to stop infiltration (general heat waste). Contractor shall maintain labor hours cost, materials cost, and required building permits in client's file. . a. Patching holes in the building envelope which are too big to caulk. (Includes replacing attic/crawl space.access covers). b. Replacement of entrance doors and attendant hardware(except, no deadbolts) into conditioned areas. (If the original door had a deadbolt, and it can be removed and placed on the new door, then labor costs for this activity can be charged). c. Repair, replacement, or installation of doors and windows, including frames, thresholds, door stops, MINOR roof repairs, and materials such as paint used to protect the materials installed from the weather. C . (96C/DOE) Page 4 of 4 Exhibit B - Definitions (Continued) ENERGY CQNSERVATION MEASURE AND ACTIVITY DEFINITIONS (continued) d. Modification or repair of entrance doors, including doorshoes, door locksets, heavy-duty strike-plate when standard size will not work (no deadbolts), raindrips, automatic door bottoms, etc. e. Repair of range hood damper and fireplace chimney damper. f. Knob-and-tube wiring Notice of Survey by Electrical Contractor and installation of simple overcurrent protection per the Weatherization Program Policies and Procedures manual. g. Blower door-identified infiltration repairs and final testing, Mobile Home - A manufactured,home that is a permanent, full-time residential dwelling and which is not used for commercial purposes. 0. .81 (96C/DOE) Page 1 of 1 EXMIT C SERVICE AREA Contractor shall provide services to eligible applicants residing within the area(s) described below and/or on the attached pages if zip codes are designated. County(ies)of. Contra Costa (96C/DOE) EMMIT D ASSISTANCE PRIORITY AND LIMITS DOE State of California C . !J q DEPARTMENT OF COMMUNITY SERVICES AND DEVELOPMENT EXHIBIT E 194 DOE SCHEDULE OF ENERGY PROGRAM GOALS/EXPENDITURES CSD 564(Rev. 1/96) Contractor Contract Number Service Area 96C- $ ......r.....,}:::.�:...::.:t:r::::::::{r.........:�•:::::.... ..........Y-::;r::::::::::.:.rr:::•:.�.....::;::•::::::+:}..n{....... .x:.:. ..,S:, ...}fi:•.... t...r.. .... »r.:::::::::r•:}}:t-:}:...:.;::x::::;.......r v..%�}}:i{{•:v. .:�,,�.,:: .v.•}n.\v:..:.,.,:vhii,ti:i: :'ti.?rr, ::�:\.:..........}»333�:G'{}".:.,.. v::v::i v::::{r. : ;.._;: :.: :� - "' t v, xvtJ�,,.:i•.i.:ti:.}::i�iti�:� .:.:::.:::::,::r::::::.::;::,,r £1�E�"!'E12�1�r,�L �' J�#`L#.I�.�<::::3w:33:=3;3<:;i:��{:-><>3. ;}3:i.�:�.::...::<.�•:._:._::;:{::.<.,....:�. . ><.. .:{:..'.i:.., ...r.......t..::.::: Blower Door Total Month Expenditures Types of Units Owner Rental Other Units Units :k:{ , January .i.Yk''- .v v. ,` �• Single Family .'" } Febris 3.t}; March Multi-Family: Multi-F >h�..::; it,• April lex/Trilex May .;'. Multi-Family: June ADartrnent Jul Mobile HomeAugust September n::;,•r. }. --::::,. ::;k;%:}:?::»};_•':::'•g... i^"fit;n``>?:..^rnr•.3'::; _-::.:'r .::_Ys=""=::} :`.•S� ,+.. Temp./GroupTemp./Group Shelter OCtOber. Vic.;??>y:;,��.,':'•:-::`�::::-- :-'-::i:ic; NOVember -- -{•- - {-�tt>:-::i•:ai.: .. Unoccupied tq;j¢}:•w December TOTAL TOTALS ..i,:rax;=Sr:it f5art�: .:{::.}:{;{_.i:;.....{:;^. n•{{{_s:�i:� :::::.'•{-:iiit:•:ivv}i::.•::.:iv:-}::-:.^:v::.v..::::••::..}}}:�:'^}v:::':!-yi:x:.::.v:n}:::rr::t:.::-vri.-:-::•3::-..:::r:...:...,...,............ .... - ::{fi...-. ih: ::::..r......r....:-r:::..::::::::}:w::,r::•}?:r...-..r-...,i..:.. ♦.....?:.. ..,.....,. n•:r:::.vrr::};yrr:3ii5G:-.}•,.•.':--}'-:`i::}.::ir.� :::::........vn•:v.....:»........:...v.n.Y ..........»..,.{{^v-::.,{.., .. .. ..-. :. :.. .:: v$.v. ii-.F v rin' ....:...::::.. :.....r............nr.....xn.n.......,n.....n..,....:,.r::::v...v+.xm:.}:r:v r.. _ .. .. ....-:{i•......-. .. :{.,v....::.-w:: rhi.}3v $}:': ...:;:.:v.::r::::.r...... ..... .....:......»....v....:.::... ... .. ...n:....:::..rr_n•. r'•�Y''i i':t�i�i:--.::}•a, '}.,$- -.�::::{-?.......... ......................:...,..............1.....•,......r..n...r.......n............... /.�'�.� y,.{{� � ./.�+'+ ..]�(p`. .,. n.%....... .i �.. N•.{......,.v...:... bv....�. ''"S."� ............................................................... ?}:-}}:,1.}:C{.virij}i+:i:•:j::;:%ii:.:Jrir}}?:{6:.}:w:rv.::i:�.}:J:•?}.•rv:33}+�!~".+.::nLv� Jan Feb March April May June July Aug Sept Oct NOV Dec Total Children s 18 Elderlv Handicapped American Indian MSFW Other TOTAL -.. -:.t'.:.n.:.......:....�•...+..+:...ry::•::::.::......n...,.,....:v::r.:{::::::»�.�::.::,+:{ '.v v., :. :} :: .;; .: }c3\i;:i{;;:{i3'i}::r..n...r.?..::::?:xrxx::c....., h?. i E1R�`:€3Tr:.:I'`EI!I� .BE.lfii� i. ST :<;::::»;<: :::;::<;>:3::<;;:::>:<-3>::3»3>:��:3:�;>::#;:;.:::::::-t..;::-3:i•::,.�:}�•3:{i;::;�:<i;>�::,}: Jan Feb March April May June Julv Augt Oct Nov Dec Total Number of Persons in Household Children s 18 Elderly Handicapped American Indian MSFW Other ::::::.n:•nvn•:?Y}};.:i{{..v::.y .:::.:::: .}}:::'-:;:Yi':}i�i�vv=r er.�::.•:; ............... • ilk!012I�#�..5�� .'#`�3R�::��r: <:��;?>r'�%-::{{;:<si;.;{<,:�:::.:n:r:::::.':::..:.r.. •rf :}.....r-- Authorized Person's Name(Title(Please print) Telephone Number Authorized Signature Dat INSTRUCTIONS-- SCHEDULE OF DOE ENERGY PROGRAM GOALSIEXPENDITURES • 4� CSD.564 (Rev. 1/96) PROJECTED GOALS/EXPENDITURES Blower Door Units: Where applicable,enter the projected number of units to be weatherized with Blower Door technology. The total number of Blower Door units must comply with Section 31.C.31. Total Units: Where applicable,enter the projected number of units to be weatherized which includes Blower Door and non-Blower Door units. Expenditures: Where applicable,enter the projected amount of expenditures,not to exceed the per dwelling cost as stated in Section 29.A2.b. PROJECTED UNITS Enter the projected number of units to be weatherized under the applicable Projected Units'columns. The total sum of these columns must match the total under the Projected Goals/Expenditures"Total Units"column. HOUSEHOLD CATEGORY Enter the number of households to be assisted monthly under the applicable household category to reflect your Agency's Priority Plan. The monthly Total must match the monthly total indicated under Projected Goals/Expenditures"Total Units"column. EXAMPLE: HOUSEHOLD CATEGORY PROJECTED GOALS/EXPENDITURES Elderly 2 MSFW 4 Total Units(January) 10 Other 4 Total(January) 10 CATEGORY OF PERSONS TO BE ASSISTED NUMBER OF PERSONS IN HOUSEHOLD Enter the total number of persons living in the household. {Unduplicated Count.) CATEGORY CLASSIFICATIONS Enter the total number for the person(s)living in the household under the category that applies. If the person(s)falls into more than one category,enter the person(s)under all of the categories that are applicable.(Duplicate Count.) DO NOT ADD CATEGORY CLASSIFICATIONS TO DETERMINE"NUMBER OF PERSONS IN HOUSEHOLD." (SEE EXAMPLE BELOW.) EXAMPLE: I am projecting to assist five persons(two children and three adults)in one household. One of the children is handicapped,one of the adults is elderly,handicapped and MSFW. The other two adults are MSFW. THE SECTION ON THE FORM"CATEGORY OF PERSONS TO BE ASSISTED"SHOULD BE COMPLETED AS FOLLOWS: >< A: O PENS := E�NSF O I.tE'',. . Jan Feb March Aroril May June July Augt Oct Nov Dec Total Number of Persons in Household 5 5 Children s 18 2 2 Elderly 1 1 Handicapped 2 2 American Indian 0 0 MSFW 3 3 Other 0 0 THE NUMBER OF PERSONS IN THE HOUSEHOLD IS 5 NOT 8. State of California . e . r i DEPARTMENT OF COMMUNITY SERVICES AND DEVELOPMENT 1996 DOE WEATHER17ATION PROGRAM BUDGET EXHIBIT F CSD 570(Rev. 1/%) Contractor Contract Term Contract Number 96C- -:Fivn:•'^7•i'r`{i{{::`*.::�fi,•r.,.... a:fi?i .:. >{ -: :'r,-Y,� ''th.-'?i'inf-`.�}%'.::,i:<:}}�{ti k.•:.}}:$;}i'..r.. ::r:::,:::•......v..:....,,.c.....r.....n..•r::... n.,r..r....... . ... .. .. ... -:. - : .,, ,;. :,�'`.�,�:�. .,,:..,�•:{:};r \'`{`yak fN,a„fi` {a :.�i�`•'�^A,'.: , La Salaries and Wages $ 1.b Fringe Benefits 1.c Facilities Ld Utilities Le Equipment TOTAL i below: 2. Lf Telephone-Communications Lg Travel Lh Accounting Li Insurance-Bonding Li Office Supplies Lk Miscellaneous TOTAL i below: , 2. TOTAL SECTION A(la-Lk) {Should not exceed 5%of Section C.) ......................................... ............................., ........ ........................................°I4........$............................_........................ Administrative Costs in Excess of 5%Re uires CSD Approval See CSD Form 574 :.::::::..:........:......::::...........:..;;.{+..t h �ty�,v::•,5.•q::::�: ,.•.1.. � ::. .. } •.. :' :: ``.,fi..r.tv':S.Y.�,}.•. 'y.'rv%r}. ::�:,.i:-:. 2.a Audit Cost $ 2.b Public Liability Insurance 3.a Weatherization Materials 400/6 Minimum of Costs ..;�... .:�.: :f� :','f,��'`:'�t�t:r;.;;ass,:.•h�•>:`.�:_,:: �%}:: ........................ 3.b Labor 3.c Outreach 3.d Intake 3.e Client Education 31 Equipment TOTAL i below: 2. 3.g Assessment 3.h Storage 3,i Vehicular Insurance 3.' I Travel-Transportation 3.k Maintenance-Repair 3.1 Miscellaneous TOTAL fspecify below: 2. ;�.'t'�:.•-a->::'. 3. 5i � 4 11,11111w SUBTOTAL PROGRAM SUPPORT AND LABOR 3.b-3.1 $ TOTAL SECTION B La-3. o less than 95%of Section C. % $ ..,-::;.>•;:.,-•:•.ti-::•,..,,.,'••,.;:.,{.•{w:? };�*.a...::?-::ice\r.sr:{a: x:>: ...:-::.�:...;....:.;.;.. .x::::F r•'•::{`vX:i. •nK. -,i .,4, x;n}•::n .;,.,v..:. : .. 4 :{{ ., .•Y.. •:4fiti+Ai)},I'•:,:i`:,"{3:}2{::.:::v� .:ya...... ::::::::of�-:,:::.�::::?3,;.:.�:Yr,�.,x:.,;•"F,cSh,,s.�•.}4!,M,.cw,. ti....h+rfiS,v.,tS:{t.;,+}+,'�4,''-r�:.:;}:, :•. .. ->;••x:- ''�;•:.•:,,;,,•:,•rx;.R.•xryc:.c:::.rccr.::�Fa ('a:�:;-;:,{,ty�;.. ¢ :'rr ....... ....tin, .T. �� :� ` ,•:;'i.'• .: ... .,{ ,X YF�;G�TDi!.;- •v: TOTAL CONTRACT BUDGET (Total of Sections A&B. $ NOTE: • CSD audit cost and public liability insurance are not to be included in the 40160 calculation. � •g�P INSTRUCTIONS - DOE PROGRAM BUDGET CSD 570 (Rev. 1/96) SECTION A Enter the total amount of Administrative Costs. Administrative Costs shall not exceed 5% of the total contract budget. Administrative Costs in excess of 5% requires DEO approval. (See DEO form 574.) SECTION B Enter the total amount budgeted for each line item 2.a- 3.1. Weatherization materials costs shall be no less than 40% of the,program budget, not including 2.a and 2.b. Enter program support and labor costs 3.b-3.1. Program support and labor shall not exceed 60% of 3.a - 3.1. Enter the total amount of Program Costs(2.a-3.1). The total shall not be less than 95% of the total contract budget. SECTION C Add the totals of Sections A and B and enter the amount in Section C (Total Contract Budget). Section C should be equal to the total contract budget. Enter the calculated percentages in Sections A and B. e.$y p y� DEPARTMENT OF HEALTH AND HUMAN SERVICES FAMILY SUPPORT ADMINISTRATION Z Ul r .aDepartment of Energy (DOE) PROGRAM: ----- ------------^-- --------------- a�0 • Usk • PERIOD: �_1/1/96_- 3/31/97--------------- 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 emo_ lovee of a Member of Congress in connection with the. awarding of any Federal contract, continuation, renewal, amendment, or mod:='-cation of any Federal contract, grant, loan, or coc_nerative 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 zonnection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form LLL,- "Disclosure Form to Report Lobbying, " 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) 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 and not more than $100,000 for each such failure. DirectoL, C Q=ini ty S rvi s Dept. Signature Title Contra Costa County Community Services Department Agency /Organization Date DISCLOSURE OF LOBBYING ACTIVMES „ by COM Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 13S2 (See reverse for public burden disdosurei 1. Type of federal Action: i Status of Frderal AcGoac 3. Report Typo. A. contract �} a. bidkAlewapp6ottion a. iwieW 6'B b. grant u b. initial avrard Elb. rwuesial change G cooperative agree"ent G post award For 1NaterW ChartV Only: d. loan year quartet• e. loan guarantee date of last report f. loan insurance 4. Nacre and Address of Reporting Entity: S. If Reporting Entity in No.4 is.Subawardee.Enter Alone ❑ Prime O Subawardee and Address of Prime: Tw ,J Brow 7: Congressional District tT known: Congressional District,irbwwn: C Federal Department/Agency: 7. Federal Pregam Nam&U*scription: CMA Number,if appireiole: L Federal Actim Number.if known: S. Amard Anromrb if 6sowx S 10. a. Name and Address of Lobbying Entity b Individuals Pedonnig Services Anduding address d (if individual,hst rwwre,Ecu mrra u/t different frown No.10atJ (Last wase.hist name—MO- tea ce.�.tun.t sn.at. swi r�..� 11. Anxmw of Paytrent(check aff that appfy): 13. Type of f aymeret khec*zN Cut apps r. S D actual C planned Q a. retainer O ' b. one-time fee 12 Foran.of Papwetst khedr at deet apply)- 0 C. eowuabsioa O a. cash 0 d cowtinsewt fee ❑ b. in-kind:specify: nature O e_deferwed O •f. odwn specify: value 14. Brief Description of Services Pedoeessed or to be Performed and Dates!of See vic hsc1m&%offiew(A emphryR4a). or Membeds).contacted for Paymerst Indicated 10Iter.11: cit e.wt�.tu+riw+ sRett Nw.c*s •1S. Continuation Sheet(s)SMIL-A attached O Yes O No db /1 vac Owego ells*4,*dud tf b6bo no.@"is& MW.ArYM � I r!r tura.tl-*=LOW an 'Yrs br/rw-Vw dwA Ww OWN �w.ctrw—-00-.....r M..am t.r...e ba"..W P+s a P"�iits�G 31 "c. 1119.%*bdannown i t..pobi r rrr Cwt..WW► MWWAAlr.r A bt wiih rr p&*&C wAsY.►Mr rwrn w#"ri r reds: en d"-"mow*KM<A"be aftow Y•ori P"d1r d wR be ow slum MW wit own..,,t1WM 6W«e..rd,IMA. . Telephone Nw Date: Fedlfa>E cafe t]s1ly' Angular/4w LLL��etir w, .. .. -.. INSTRUCTIONS FOR COMPLETION OF SF-" DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shalt be completed by the reporting entity, whether ud wardee or prune Federal recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352.The filing of a form is.regWed for eachpayment or agreemenrto make payment to arty lobbying entity lex influencing or attempting to influence an officer or employee of any agency, &'Member of Congresx, an officer or employee of Congress,or an employee of a Member of Congress in connection with a covered Federal action. Use the SF-LLL-A Continuation Sheet for additional information if the space on the forth is inadequate. Complete all items that apply for both the initial filing and material change report.Refer to the implementing guidance published by tate Office of Management and Budget for additional information. 1. identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action. 2. Identify the status of the covered`Fed"action. 3. Identify the appropriate classification of this report. if this is a followup report caused by a material change to the information previously reported,enter the year and quarter in which the change occurred.Enter the date of the last previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name, address, city, state and zip code of the reporting entity. include Congressional District, if known.Check the appropriate classification of the, reporting entity that designates if It is,or expects to be.a prime or subaward recipient. Identify the tier of the subawardee. e.g., the fust subawaidee of the prime is the tit tint. Subawards include but are not limited to subrontracts.subgrants and contract awards under grants S. If the organization filing the report in item 4 rhm ks'Subawardee",then enter the full name,address,city,stat+ .cord zip code of the prime Federal recipient.Include Lottgressional District,_if known. b..Enter the name of the Federal agency maiung tier award or loan commitment. Include at least one organiz.,tiu+ui level below agency,name.if known. For example, Department of Transportation,United States Coast Guard. ]. Enter the Federal program name or description for the covered Fedetal-action (item 1). -if known. enter the =uii Catalog of Fedeiaf Domestic Assistance (CFDA) number for S=M cooperative agreements. loans, and loan commitments. E. Einer the most appropriate Federal identifying number available for the Federal action Identified in item 1 (e.g.. Request for Proposal (RFI') number. Imitation for Bid (IFB) number, grant announcement number, the contract. gmtt. or loan award number, the applka6orvWopo%A control number assigned by the Federal agency). include prefixes,e.g„-RFP-OE-90.041.- 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency,enter the Federate amount of tate swudtloan commitment for the prime entity identified in item 4 or S. 10. (a)Enter the full name. address, city. state and zip code of the lobbying entity engaged by the reporting entity identified In item 4 to influence the covered Federal action. (b)Enter the foil names of the individual(s) perforating services, and include full address if different from 14 (a). Enter Last Name.First Name/and Middle Initial(ml). 11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity Ctetn 4)to the lobbying entity(item 10). Indicate whether the payment has been made(actual)or will be made(planned). Check all boxes that apply. If this is a material change report enter the Cumulative amount of payment made or planned to be made. 12 Check the appropriate box(es). Check all boxes that apply. if payment is made through an in-kind contribution. specify the nattar and value of the in-kind payment. 13. Check the appropriate box(e%L Check all boxes that apply. If other,specify nature. 14. Provide a specific and detailed description of the services that the lobbyist has performed,or will be expected to perform.and the date(s)of any services rendered Include all preparatory and related activity,not just time spent in actual contact with Federal officials. Identify the Federal official(s) or employee(%) contacted or the officer(s), employees).or Member(s)of Congress that were contacted 1S. Check whether or not a SF-t U-A CoMutuadon Sheet(s)is attached. 16. The certifying official shalt sign and date the fort,print hishter name,tick,and telephone number. Public teMc rWiden for thin cdk dm d kdoentation is estimated to amp 30 minora per mporue,i Kksc q time for revive AnIg k"Oua m.sear h0%on"daa sources.gathering and maintarri"the data needed,and cc Pink and revs nirtg tfte arffecrior+of k"msno-Send sawm+em regardirq;the tureen esonsate or any other aspect of this tdlec m of i+farmm on,hrcfuding wgations for redumig this bunien.to the office of mana6emew and Budget ftperwork Reduction Pv*ct(034800+6?.Washkgta.Dr-20503. DISCLOSURE Of LOBBYING ACTIVITIES "°'"ord~O"` CONTINUATION SHM Repos Emtr. Page at AMA..�sd fr ueal a�.�� S a Wwd(ww-uar► Tc- BOARD OF SUPERVISORS 0W, Contra FROM: JOAN V. SPARKS, DIRECTOR - t• Costa COMMUNITY SERVICES DEPARTMENT : a County DATE; January 2, 1996 t " SUBJECT: APPROVAL OF 1996 COMMUNITY SERVICES BLOCK GRANT STANDARD AGREEMENT WITH THE STATE DEPARTMENT OF COMMUNITY SERVICES AND DEVELOPMENT SPECIFIC REQUEST(S)OR RECOMMENDATION(S)8 BACKGROUND AND JUSTIFICATION I. RECOMMENDED ACTION: APPROVE and AUTHORIZE the Community Services Director or her designee to execute and submit to the State, on behalf of the County, the 1996 Community Services Block Grant (County Contract Number 39-813--State Number 96F-1333) with the State Department of Community Services and Development in the amount of $97,297 for the period from January 1, 1996 through December 31, 1996. II. FINANCIAL IMPACT: This Contract is Federally funded through the State Department of Community Services and Development. Funding from this agreement for the period from January 1, 1996, through June 30, 1996, is reflected in the Community ,Services Department's FY 1995-96 budget. Funding for the period from July 1, 1996, through December 31, 1996, will be reflected in the Department's FY 1996-97 budget. No County funding is required. III. REASONS FOR RECOMMENDATIONS/BACKGROUND: The budget negotiations in Washington, D.C. are still in progress and the Community Services Block Grant (CSBG) program is currently being operated under a continuing resolution. This agreement is for 25% of last year's CSBG funding and will be amended to add funds once Congress determines the final appropriation for the 1996 CSBG program. This agreement will continue the CSBG anti- poverty programs and emergency services to eligible county residents. This contract will be reviewed and approved as to form by County Counsel prior to submission to the State. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOA D OMMITTEE APPROVE OTHER SIGNATURE(S): -_ ACTION OF BOARD ON February, 1996 APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS 1 HEREBY CERTIFY THAT THIS IS A TRUE X UNANIMOUS(ABSENT AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN, Mffh T: Joan Sparks, 313-7350 CC: CAO ATTESTED February 27, 1996 CSD PHIL BATCHELOR,CLERK OF THE BOARD OF STATE CSD: 4 SF�M C'.OPIFS SUPERVISORS AND COUNTY ADMINISTRATOR DG _ BYDEPUTY M082 (10/88) n :3: Fn 0P) w p Fi N ccr n A. N K w u u u .. r r+ K r, 0 ~ x o w� : n wog Cn (D to rn r- n rr H 4 0 C � �' H0 � omn (D (D (D w 0 r- m m m m 0 H a tj i N G4 n a n � 0 � � Lnrt rr rr w (D +el n 0 o y� cr rr H FJ + m m N R tr 0 0 s y A► ri '►� 0py En En rr (D + m rr P. ioti n •. n y F�' 0 q 0 o rr pr rn 0 p ►-n w (D t-h S P K w � �. rr 0 L • 15' INCOMING FUNDS NARRATIVE STATEMENT FORMAT I PROJECT/PROGRAM TITLE. Community Services Block Grant (CSBG). 2. FUNDING AGENCY. State Department of Community Services and Development. (Department of Economic Opportunity in 1995) 3. SUBMITTAL STATUS. This agreement continues a current program. 4. PROPOSED TERM. January 1, 1996 through December 31, 1996. 5. CURRENT FUNDING. $97,297 of federal funding through the State Department of Community Services and Development. This amount represents 25% of last year's CSBG funding. Budget negotiations in Washington, D.C. are still in progress and the program is currently being operated under a continuing resolution. The agreement will be amended to add funds once Congress determines the final appropriation for the 1996 program. 6. FUTURE FUNDING. This has been a long-range program for which funding is expected to continue. Additional 1996 funding is expected after budget negotiations are completed in Washington, D.C. The amount of future funding is dependent upon Congressional action. 7. BUDGET SUMMARY. A budget is being prepared to cover the amount of funding under this agreement. A revised budget will be prepared when the total amount of 1996 funding is determined. 8. STAFFING REQUIREMENTS. Darnell Turner will be responsible for administration of this project. 9. PROGRAM NEED. A portion of the CSBG contract is used for the administration costs of the Community Services Department and the subcontracting of services with Community Based Organizations in providing assistance to the low-income communities. 10. RELATIONSHIP TO OTHER PROGRAMS. The CSBG program is used to leverage other program dollars and to assist in collboration with CBO's in developing economic opportunities for the low-income communities. CSD recently performed an RFP which allowed us to awarded the CSBG contract to these agencies for services that were not being provided for in the local community. 11. PROJECT GOALS. This program is designed to assist the low-income community in gaining the economic tools to break the cycle of proverty. It is the intent of Community Services Block Grant program to assist the low income in achieving economic self- sufficiency. (2 . 9S 12. STATED OBJECTIVES. The objectives of this program are: a. Provide economic assistance to the low-income community. b. To develop programs with Community Based Organizations in aiding the poor. c. Develop programs in the local community that will provide job opportunties and self sufficiency. 13. ACTIVITY SUMMARY. This program will be administraed by Darnell Turner, Program Manager of the Community Services Block Grant program. The CSBG program will subcontract a our funding to provide the following services such as a senior Brown Bag, after school tutorial program,job training/development. 14. EVALUATION METHOD(S). Darnell Turner,Program Manager will be responsible for the evaluation of the program monitoring. Quarterly reports will be submit to the program manager as indicated in the contract. 15. CHANGES COMPARED TO PRIOR YEAR (if any). None. 16. POTENTIAL CONTROVERSIAL ISSUES. None. 2 STATE OF CALIFORNIA 50 STANDARD AGREEMENT APPOONEDGNTRAL CONTRACT NUMBER AM.NO, STD.2(!kV.5-91) 96 F-1333 0 TAXPAYER'S FEDERAL EMPLOYER IDENTIFICATION NUMBER AGREEMENT,made and entered into this 1st January 96 94-6000509 THIS AGREE day of 19—, in the State of California,by and between State of California,through its duly elected or appointed,qualified and acting TITLE OF OFFICER ACTING FOR STATE AGENCY )eputy Director, Admin._ IDept of Cmnty Srvcs and Development hereafter called the State,and CONTRACTOR'S NAME I .ontra Costa County(Community Services Department) #39-813 hereafter called the Contractor. WITNESSETH:-,.That the Contractor for and in consideration of the covenants,conditions,agreements,and stipulations of the State hereinafter expressed, does hereby ait'to furnish to the State services and materials as follows: (Set forth service to be rendered by Contractor,amount to be paid Contractor, time for performance or completion,and attach plans and specifications,if any.) 1HEREAS, pursuant to government Code Section 12725 et seq. , as imended, and 42 United States Code (USC) 9901 et seq. , as amended, -he Community Services Block Grant Act, the Parties hereto agree to )rovide services and activities to eligible participants residing -n the service area described as : Contra Costa County 1 . Consideration A. The total amount payable by the State to Contractor shall not exceed $ 97, 297 . 00 as specified in Exhibit I, CSBG Fiscal Data series . B. The consideration to be paid Contractor as provided Herein, shall be in compensation for all Contractor' s reasonable expenses incurred in the performance hereof, Including travel and per diem, unless otherwise expressly so provided. CONTINUED ON SHEETS,EACH BEARING NAME OF CONTRACTOR AND CONTRACT NUMBER. FC)R F,0"V'E,D ------V1`T0R-TiN­ Thehe provisions on the reverse side hereof constitute a part of this agreement. L; L..q , o tty Cn 1N WITNESS WHEREOF,this agreement has been executed by the parties hereto,upon the date first above wnitte%, Depu!y I I STATE OF CALIFORNIA CONTRACTOR AGENCY CONTRACTOR(It other than an iadividual,state whether a owporation.partnership,WC,) Dept of Cmnty Srvcs and Development Contra Costa County(CbmTunity Services Dept.) BY(AUTHORIZED SIGNATURE) BY(AUTHORIZED SIGNATURE) PRINTED NAME OF PERSON SIGNING PRINTED NAME AND TITLE OF PERSON SIGNING Carmen J. Ochoa Joan Sparks, Director TITLE ADORES Deputy Director, Administration Martinez, CA 94553 AMOUNT ENCUMBERED BY THIS PROGRAMICATEGORY(CODE AND TITLE) FUND TITLE Department of General Services DOCUMENT$__ 40 .40 CSBG/CAA Use Only 97 7 � ((OPTIONAL use) 2 � PRIOR AMOUNT ENCUMBERED FOR THIS CONTRACT ..ndex2600 PCA55440 FC#93 . 569 CSCAAL WP 9( $ 0 ITEM CHAPTER1 hereby certify that all concliftoTf- --T-i TATT�UTE FISCAL YEAR for exemption hove been com- TOTAL AMOUNT ENCUMBERED TO 4700-101-890 303 11995 195/96 DATE OBJECT OF EXPENDITURE(CODE AND TITLE) plied writh, and this document is $ 97, 297 . 00 702 - Grants/Subventions exempt from the Deportment Cj I hereby certify upon my own personal knowledge that budgeted funds I TBA.NO. B.R.NO, General Services 13PProVGL are available for the period and purpose of the expenditure stated above. I I 5IGNATURF OF-ACCOUNTING OFFICER DATE > I I CONTRACTOR El STATE AGENCY DEPT.OF GEN.SER. CONTROLLER 96F CSBG 0 2. Term The term of This Agreement shall be from January 1, 1996 through December 31, 1996. 3. Indemnification Contractor agrees to indemnify, defend, and save harmless the State, its officers, agents, and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, materialmen, laborers, and any other person, firm, or corporation furnishing or supplying work, services, materials, or supplies in connection with the performance of This Agreement, and from any and all claims and losses accruing or resulting to any person, firm, or corporation who may be injured or damaged by Contractor in the performance of This Agreement. 4. Independent Contractor Contractor, and the agents and employees of Contractor, in the performance of This Agreement, shall act in an independent capacity and not as officers, employees, or agents of the State. 5. Suspension, Revocation, and Termination A. Suspension (1) If Contractor has failed to comply with the material terms of This Agreement the State may, upon fifteen (15) calendar days written notice to Contractor,' suspend This Agreement in whole or in part. In the case of Contractor's fraud or gross negligence, suspension without prior notice by the State is permissible. (2) The notice of suspension shall state the reasons for the suspension, corrective action required of Contractor to comply with the terms of This Agreement, and the effective date of the suspension. Contractor shall have the right to submit in writing any arguments against suspension within fifteen (15) calendar days of the notice of suspension or show compliance. (3) The notice of suspension shall become effective upon delivery. The suspension shall not exceed a thirty (30) calendar-day period, unless during such period of time termination proceedings are initiated in which the suspension shall remain in Page 2 96F CSBG C 0� full force and effect until proceedings are fully concluded, or the Parties agree to a continuation of the suspension for an additional period of time. (4) The total time of suspension may not exceed thirty (30) calendar days unless proceedings are initiated toward revocation of Community Action Agency recognition or unless the State and Contractor agree to a continuation of the suspension for an additional period of time. If revocation proceedings are initiated, the suspension shall remain in full force and effect until such proceedings have been fully concluded. (5) New obligations incurred by Contractor under This Agreement during the suspension period will not be allowed unless expressly authorized by the State in the notice of suspension or in a written authorization document. B. Revocation of Community Action Agency (CAA) Recognition (1) The State may, upon Contractor's unsatisfactory compliance with notice of suspension, initiate procedures to revoke the recognition of a Community Action Agency (CAA) for failure to comply with the material provisions of This Agreement or Government Code Section 12725 et seq. , the California Community Services Block Grant Program. (2) These revocation procedures shall meet the requirements of 42 USC 9904 and 9905A which provide for notice and opportunity for hearing on the record and review by the Secretary of the U.S. Department of Health and Human Services (DHHS) of the State's determination to revoke. Hearing shall be conducted consistent with Title XXII, sections 100780 (g) , (h) , and (i) of the California Code of Regulations, as amended. (3) In the event of final revocation of Contractor' s CAA status and the ratification thereof by the Secretary of DHHS, the State may proceed with the work in any manner deemed proper by the State. The cost to the State shall be deducted from any sum . due Contractor under This Agreement, and the balance, if any, shall be paid by Contractor upon demand. The State retains lien rights on all funds advanced. Such rights shall be superior to and unaffected by claims of all other creditors whether by agreement with third parties or other State agencies or by the direction of a trustee in bankruptcy. Page 3 96F CSBG C • Qr� C. Termination (1) The State may terminate This Agreement and be relieved of the payment of any consideration to Contractor should Contractor fail to perform the covenants contained herein at the time and in the manner provided herein. In the event of termination, the State may proceed to perform the covenants contained herein in any manner deemed proper by the State. The State retains lien rights on all funds advanced. (2) Contractor may terminate This Agreement at any time prior to its date of expiration upon thirty (30) calendar days notice to- the other party. Such notice shall be delivered to the other party in writing, stating the reason for termination and the effective date thereof. (3) Upon termination of This Agreement, the State, unless granted in writing, shall not pay Contractor for any obligations incurred after the effective date of such termination. 6. Assignment Without the written consent of the State, This Agreement is not assignable by Contractor either in whole or in part. 7 . Subcontracts A. Contractor may enter into subcontracts to carry out the provisions of This Agreement. B. Should Contractor enter into a subcontract, Contractor shall: (1) Remain liable for the performance of the terms and conditions of This Agreement. (2) Assure that subcontractors comply with the requirements set forth under 42 USC 9901 et seq. , as amended. (3) Provide to the State within sixty (60) calendar days of execution of such subcontract, the subcontractor' s name, address, telephone number, contact person, contract amount, and program description. Page 4 96F CSBG tT5 (4) Make subcontracts, documents, papers, and records available to the State or its duly-authorized representatives for examination, copying, or mechanical reproduction on or off the premises of Contractor or subcontractor upon request during usual working hours. (5) Notify the State in writing within thirty (30) calendar days if any subcontract under This Agreement is suspended or terminated. Additionally, in such notice Contractor shall identify how the suspension or termination will impact Contractor's' budget and' work plan, and identify any appropriate corrective actions. (6) Provide written notice to each subcontractor within five (5) calendar days from the date Contractor terminates or the State suspends This Agreement. (7) Request of each subcontractor the certification required in Section 21.1. of This Agreement regarding debarment and suspension. 8. Time Time is of the essence in the performance of This Agreement. 9. Amendment A. No alteration or variation of the terms of This Agreement shall be valid unless made in writing in the form of an amendment and signed by the parties. Exceptions to this requirement are line-item changes to the contract budget which do not affect the maximum amount payable under the contract or the work to be performed (see Section 28.B) , and the exceptions provided for in Section 14, Provisions for Federally-Funded Grants. (1) CSD Form 425b, Justification for Contract Amendment/Modification, is provided upon request to submit changes to Exhibit I or Exhibit II. (2) Said justification shall be submitted no later than forty-five (45) calendar days prior to the expiration date of This Agreement. B. No oral understanding or agreement not incorporated herein shall be binding on any of the Parties. Page 5 96F CSBG 10. Enforceable Agreement This Agreement shall become a valid, enforceable agreement only after it is signed by Authorized Agents of the Parties. 11. compliance with Rules and Regulations Activities of Contractor with respect to This Agreement shall be conducted in accordance with pertinent Federal and State rules and regulations, including relevant Office of Management and Budget (OMB) circulars and amendments thereto. 12. Record-Keeping Responsibilities A. All records maintained by Contractor shall meet the OMB requirements contained in the following circulars: Common Rule, Subpart C, (Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments) or A-110, Subpart C, Nonprofit Organizations, whichever is applicable. B. Contractor shall maintain all records pertaining to This Agreement for a minimum period of three (3) years after submission of the Final Report of Expenditures. However, Contractor shall maintain all such records until resolution of all audit findings is completed. C. Contractor shall make available appropriate books, documents, papers, and records to the Federal Government, the State, or any of their duly authorized representatives for examination, copying, or mechanical reproduction, on or off the premises of the appropriate entity upon a reasonable request therefor. D. Contractor assures that employee and applicant records shall be maintained in a confidential manner to assure compliance with the Information Practices Act of 1977, as amended, and the Federal Privacy Act of 1974, as amended. E. Upon request from the Department of Community Services and Development (CSD) , Contractor shall submit a certificate prepared by an independent accountant stating that Contractor's accounting system and internal controls are adequate to record and safeguard the assets entrusted to Contractor. Page 6 96F CSBG 13. Insurance and Fidelity Bond A. General Recruirementa (1) Third-Party Insurance a. By execution of This Agreement, Contractor agrees that the below-required insurance policies and bond shall be in effect at all times during the term of This Agreement. b. Contractor shall provide the State written notice at least thirty (30) calendar days prior to cancellation or reduction of insurance coverage to an amount less than that required. C. In the event said insurance coverage expires at any- time or times during the term of This Agreement, Contractor agrees to provide, at least thirty (30) calendar days prior to said expiration date, a new certificate of insurance evidencing insurance coverage as provided for herein for not less than the remainder of the termofThis Agreement. d. New certificates of insurance are subject to review for content and form by CSD. e. In the event Contractor fails to keep in effect at all times insurance and bond coverage as herein provided, the State may, in addition to any other remedies it may have, suspend This Agreement. f. The State of California shall be named as an additional insured on all certificates of insurance, except workers' compensation and fidelity bond, required under This Agreement. (2) Self-Insurance When Contractor is a governmental entity which self-insures, the State, upon satisfactory proof, will waive the appropriate insurance requirements upon written certification. This certification shall be signed by an appropriate county or city risk manager and contain assurance of the adequacy of the governmental entity's ability to cover any potential losses under This Agreement and shall specify which areas Contractor will self-insure. Should Contractor use a subcontractor(s) to provide Page 7 96F CSBG a� services under This Agreement, Contractor shall indemnify and hold the State harmless against any liability incurred by that subcontractor(s) . B. Workers ' Compensation Insurance (1) Contractor shall have and maintain, for the term of This Agreement, workers ' compensation insurance issued by an insurance carrier licensed to underwrite workers' compensation insurance in the State of California. (2) Unless a current copy is on file with CSD, Contractor shall submit either an applicable Certificate of Insurance (ACORD 25) or a Certificate of Consent to Self-Insure issued by the Director of the Department of Industrial Relations to the State as evidence of compliance with the worker's compensation insurance requirement prior to issuance of an initial cash advance. C. Fidelity Bond (1) Contractor shall maintain a fidelity bond in the minimum amount of eight percent (8%) of the total amount of consideration set forth under This Agreement. (2) Unless a current copy is on file with CSD, Contractor shall submit an applicable Certificate of Insurance (ACORD 25) to the State as evidence of compliance with the fidelity bond requirement prior to issuance of an initial cash advance. D. Public- Liability Insurance (1) Contractor shall have and maintain for the term of This Agreement general liability and property damage insurance for a combined single limit of not less than $500, 000 per occurrence. (2) Unless a current copy is on file with CSD, Contractor shall submit an applicable Certification of Insurance (ACORD 25) , naming the State of California as an additional insured, to the State as evidence of compliance with the public liability insurance requirement prior to issuance of an initial cash advance. Page 8 96F CSBG A •a� E. vehicle Insurance (1) Contractor shall have and maintain for the term. of This Agreement vehicle insurance in the amount of $500, 000 for each person and each accident for bodily injury and in the amount of $500, 000 for each person and each accident for property damage. (2) When employees use their own vehicles to perform duties within the scope of their employment, Contractor shall have and maintain for the term of This Agreement non-owned and hired auto liability insurance in the amount of $500, 000 for each person and each accident for bodily injury, and $500, 000 for each person and each accident for property damage. (Driving to and from work is not in the scope of employment. ) (3) Unless a current copy is on file with CSD, Contractor shall submit an applicable Certification of Insurance (ACORD 25) , designating the State of California as an additional insured, to the State as evidence of compliance with said vehicle insurance requirements prior to issuance of an initial cash advance. 14 . provisions for Federally-Funded Grants A. It is mutually understood that This Agreement may have been written before ascertaining the availability of Congressional appropriation of funds, for the mutual benefit of both Parties, in order to avoid program and fiscal delays which would occur if This Agreement were executed after that determination was made. B. This Agreement is valid and enforceable only if sufficient funds are made available to the State by the United States Government for the purposes of this program. In addition, This Agreement is subject to any additional restrictions, limitations, or conditions enacted by the Congress or any statute enacted by the Congress which may affect the provisions, terms, or funding of This Agreement in any manner. C. It is mutually agreed that if the Congress does not appropriate sufficient funds for this program, This Agreement shall be amended to reflect such reduction. D. The State has the option to void This Agreement under the thirty (30) day cancellation clause or to amend This Agreement to reflect any reduction of funds. Page 9 96F CSBG g60 15. Limitation on Use of Funds A. Contractor shall assure that funds received under This Agreement shall not be used to replace discontinued State or local funding. Unless waived by the Secretary of DHHS, Contractor shall assure that funds received under This Agreement shall not be used for the purchase or improvement of land or for the purchase, construction, or permanent improvement of any building or other facility. B. Contractor shall assure that funds provided under This Agreement shall not be transferred to any other local, State, or Federal government program. 16. Right to Monitor, Audit. and Investigate A. Any duly-authorized representative of the Federal or State government, which includes but is not limited to the Bureau of State Audits, shall have the right to monitor and audit Contractor and all subcontractors providing services under This Agreement through on-site inspections, audits, and other applicable means the State determines necessary. B. Any duly-authorized representative of the Federal or State government shall have the right to undertake investigations in accordance with Section 42 USC 9908 et seq. , as amended. C. All agreements entered into by Contractor with audit firms for purposes of conducting independent audits under This Agreement shall contain a clause permitting any duly-authorized representative of the State or Federal government access to the working papers of said audit firm(s) . 17. Contractor's National Labor Relations Board Certification Contractor hereby certifies under penalty of perjury that no more than one final unappealable finding of contempt of court, by a Federal Court, has been issued against Contractor within the immediately preceding two-year period because of Contractor's failure to comply with an order of a Federal Court which orders Contractor to comply with an order of the National Labor Relations Board. Page 10 96F CSBG d -%60 18. Nondiscrimination compliance A. Contractor hereby certifies compliance with the following: (1) Federal Executive Order 11246, as amended by Executive order 11375, relating to equal employment opportunity. (2) Title VI and Title VII of the Civil Rights Act of 1964, as amended. (3) Rehabilitation Act of 1973, as amended. (4) Vietnam Era Veterans Readjustment Assistance Act of 1972, as amended. (5) Title 41, . Code of Federal Regulations (CFR) , Chapter 60, Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor. (6) Public Law 101.336, Americans with Disabilities Act of 1990. B. Contractor agrees to abide with and shall include the nondiscrimination and compliance provisions of the following clause in all subcontracts to perform work under This Agreement. "During the performance of this contract, Contractor and its subcontractors shall not unlawfully discriminate, harass or allow harassment, against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS) , mental disability, medical condition (cancer) , age (over 40) , marital, status, and denial of family care leave. Contractors and subcontractors shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et seq. ) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285. 0 et seq. ) . The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12990 (a-f) , set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated into this contract by reference and made a part hereof as if set forth in full. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. " Page 11 . 96F CSBG A • �� (1) Contractor's signature affixed hereto shall constitute a certification that to the best of its ability and knowledge it will, unless exempted, comply with the nondiscrimination program requirements set forth in this Section. 19. Affirmative Action compliance A. Each Contractor or subcontractor who has fifty (50) or more employees =d has an agreement of fifty thousand dollars ($50,000) or more shall be required to develop a written Affirmative Action Compliance Program. B. The written program shall follow the guidelines set forth in Title 41 CFR Section 60-1.40, Sections 60-2. 10 through 60-2. 32, Sections 60-250. 1 through 60-250. 33 , and Sections 60-741.-4 -through 60-741. 32 . C. Each Contractor or subcontractor with less than fifty (50) employees shall comply with Section 202 of Part II of Executive Order 11246, as amended by Executive Order 11375. Contractor shall ensure that subcontractors falling within the scope of this provision shall comply in full with the requirements thereof. 20. Administrative Hearing for Denial of Client Benefits by Contractor A. Contractor has read and agrees to strictly comply with Title 22 of the California Administrative Code, Section 100751, as amended, which sets forth elements to be included in client benefit denial appeal procedures and shall advise individuals who have been denied assistance of their twenty (20) day right to appeal to the State for an administrative hearing pursuant to 42 USC 8624 (b) (13) , as amended. B. Within five (5) working days of receipt of an appeal from a client, CSD's Fair Hearings Officer shall schedule an administrative hearing to be conducted no later than thirty (30) calendar days from the receipt of the request. C. The client may withdraw request for appeal for administrative hearing at any time during the appeal process by rendering written or oral notice to the State. Where oral notice is given, such notice shall be confirmed in writing by the Parties. Page 12 , 96F CSBG 21. Contractor Assurances and Certifications A. Contractor certifies that it possesses legal authority to apply to the State for grants funded under the California Community Services Block Grant Program Act and the Federal Community Services Block Grant Act. B. Contractor assures that its governing body has adopted and passed a resolution specific to This Agreement which shall be forwarded to the State and which includes, at a minimum, the following provisions: (1) Authorization for the submittal to the State of This Agreement, including all exhibits and assurances contained herein; and (2) The name and original signature of the chairperson of the board; the date signed by the chairperson; and, if applicable, the date the resolution was ratified by the board of directors; and (3) Authorization to and identification of the person certified as the official representative of the governing board to sign and enter into This Agreement; and (4) Identification of the contract number and program; and (5) Authorization to and identification of the person certified as the official representative of the governing board to enter into and accept any subsequent amendments to This Agreement and revisions to exhibits, including a statement specifying whether the governing board intends to delegate authority for amendments which alter Section 1, Consideration, and Section 2 , Term of This Agreement. C. Contractor assures that all supplies, materials, equipment, or services purchased with funds provided by This Agreement shall be used solely for the activities allowed under This Agreement, unless a fair market value for such use is charged to the benefiting program and credited to This Agreement. (1) Contractor shall adhere to its established policy and procedures regarding the purchase or lease of equipment having an aggregate cost of five thousand dollars ($5000) or more. Policy and procedures will be in conformance with OMB requirements contained Page 13 96F CSBG n • 26 in the following Circulars: Common Rule, Subpart C or A-110 and approved by the Board of Directors. (2) Include the type and cost of equipment or material to be purchased or leased on the appropriate line item of the budget. If the purchase or lease of equipment is not included in the execution of This Agreement, CSD Form 558, Request for Purchase/Lease of Equipment must be submitted to DEO for approval. (3) Notwithstanding adherence to OMB requirements contained in the following Circulars: Common Rule, Subpart C or A-110, or prior approval from a Board of Directors to procure, prior approval for the purchase or lease of motor vehicles and trailers must be obtained from CSD by submitting CSD Form 558 in each instance. D. Contractor assures that it shall exercise due care in the use, maintenance, protection,' and preservation of State- owned property in Contractor' s possession or any other property purchased by Contractor with State funds. Such care shall include, but is not limited to, the following: 1. Maintaining insurance coverage against loss or damage to such property. 2 . Ensuring that the legal ownership of any motor vehicle or trailer is in the name of the Contractor, not CSD. E. Contractor assures that it shall be in compliance with Federal and State Occupational Safety and Health Statutes, the California Safe Drinking Water and Toxic Enforcement Act of 1986, and Workers ' Compensation laws. F. Contractor assures that it shall coordinate its plans and activities with other Community Services Block Grant Contractors who serve any part of Contractor' s service area, so that funds provided under This Agreement are not used to duplicate particular services to the same beneficiaries. G. Contractor's plans and policies affecting all other Community Services Block Grant Contractors shall be equitable and beneficial to all such Contractors and the population they serve. H. Contractor assures that it shall be in compliance with anti-discrimination provisions of Section 102 of the Immigration Reform and Control Act of 1986 as well as Page 14 96F CSBG requirements disqualifying certain legalized aliens from receiving benefits under This Agreement for five (5) years from the date they were granted temporary resident status, even if they have been provided status according to Section 245A (amnesty or legalization) and 210A (replenishment workers) of the Immigration and Nationality Act, as amended. I. Federal Certification Regarding Debarment, Suspension. and Related Matters Contractor hereby certifies to the best of its knowledge that it or any of its officers: (1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department -or agency; (2) Have not within a three (3) year period preceding This Agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (3) Are not presently indicted for or otherwise criminally- or civilly-charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (2) of this certification; and (4) Have not within a three (3) year period preceding This Agreement had one or more public (Federal, State, or local) transactions terminated for cause or default. J. Drug-Free Workplace Certification Contractor certifies that a Drug Free Workplace Certification (Std. 21) is on file with CSD. The terms and conditions of Std. 21 shall have the same force, meaning, effect, and enforceability as if a certification were separately, specifically, and individually provided for each grant between Contractor and CSD. Page 15 96F CSBG K. Pro-Children Act of 1994 Contractor must comply with Public Law 103-227, Part C Environmental Tobacco Smoke, also known as the Pro- Children Act of 1994 (Act) . This Act requires that smoking not be permitted in any portion of any indoor facility owned or leased or contracted by an entity and used routinely or regularly for the provision of health, day care, education, or library services to children under the age of 18, if the services are funded by Federal programs either directly or through State and local governments. Federal programs include grants, cooperative agreements, loans or loan guarantees, and contracts. The law does not apply to children's services provided in private residences, facilities funded solely by Medicare or Medicaid funds, and portions of facilities used for inpatient drug and alcohol treatment. The Contractor further agrees that the above language will be included in any subcontracts which contain provisions for children' s services and that all subcontractors shall certify compliance accordingly. L. Contract Administration Contractors shall administer This Agreement in accordance with OMB requirements contained in the following Circulars: Common Rule, Subpart C for public agencies; A-110 for nonprofit organizations. 22 . Conflict -of Interest A. Contractor certifies that its employees and the officers of its governing body shall avoid any actual or potential conflicts of interest, and that no officer or employee who exercises any functions or responsibilities in connection with This Agreement shall have any personal financial interest or benefit which either directly or indirectly arises from This Agreement. B. Contractor shall establish safeguards to prohibit its employees or its officers from using their positions for a purpose which could result in private gain or gives the appearance of being motivated for private gain for themselves or others, particularly those with whom they have family, business, or other ties. 23 . Political Activities A. Contractor shall refrain from all political activities if such activities involve the use of any funds which are the subject of This Agreement. B. Contractor is prohibited from any activity which is designed to provide voters or prospective voters with Page 16 96F CSBG . i< transportation to the polls or to provide similar assistance in connection with an election if such activities involve the use of any funds which are subject to This Agreement. 24. T-obbving Activities A. Contractor shall refrain from all lobbying activities if such activities involve the use of any funds which are the subject of This Agreement or any other funds, programs, projects, or activities which flow from This Agreement. B. If Contractor engages in lobbying activities, Contractor shall complete and sign and date the Certification Regarding Lobbying/Disclosure of Lobbying Activities, Exhibit III, required by the U.S. Department of Health and Human Services under 45 CFR Part 93 . 25. Severability of Provisions Should a provision of This Agreement be held invalid by a court of competent jurisdiction, the remaining provisions of This Agreement shall continue to be valid and enforceable. 26. Address for the State All documents submitted by Contractor to the State pursuant to the terms of This Agreement shall be made by deposit in the U.S. Mail, first class postage prepaid, or delivered by a commercial carrier bearing a legibly dated receipt, and addressed as follows: Department of Community Services and Development Attention: PROGRAMS BRANCH P.O. Box 780 . Sacramento, CA 95812-0780 27. Programmatic Provisions A. Payments (1) The State shall issue one working capital advance to Contractor in an amount equal to one hundred percent (100%) of the amount of the total consideration set forth in Section 1.A. of This Agreement. Subsequent bi-monthly payments shall be made based on actual expenditure reports being submitted timely as indicated in Section 27 .B. of This Agreement. Page 17 96F CSBG (2) In the event the term of This 'Agreement is less than one (1) year, the advance payment shall be made by the State in the amount to be consistent with the program needs as identified in Exhibit I, CSBG Contract Budget, and the CSBG Work Plan and the Outcome Evaluation Strategy (alternate form) . (3) Contractor shall insure that the required agency- wide audit be submitted timely, corrective action plans are adhered to; CSD receivables are submitted timely, and/or that repayment schedules are met and adhered to or CSD may withhold advance or subsequent payments. B. Reporting ng Requirements (1) B-i-Monthly -Reports Contractor shall complete and submit to the State, on the current, appropriate CSD Form, a bi-monthly Fiscal Expenditure Report. Contractor shall ensure that the report is received no later than the fifteenth (15th) calendar day of the month following each consecutive two-month period, irrespective of the level of activity or amount of expenditure in the preceding two-month period. Beginning January 1, 1996, the reports are due March 15, May 15, July 15, September 15, and November 15, 1996, and January 15, 1997 . (2) Quarterly Reports Contractor shall complete and submit to the State, on the current, appropriate CSD Forms, a quarterly Programmatic Work Plan Progress Report and a Client Characteristics Report. Contractor shall ensure that the reports are received no later than the fifteenth (15th) calendar day of the month following each calendar quarter, irrespective of the level of activity or amount of expenditure in the preceding calendar quarter. Beginning January 1, 1996, the reports are due April 15, July 15, and October 15, 1996, and January 15, 1997 . (3) - other Funds and Other Resources Contractor shall submit to the State, on the current, appropriate CSD Forms, fiscal data representing Other Funds and Other Resources, no later than ninety (90) calendar days after the expiration of the term of This Agreement. The reports are due March 30, 1997. Page 18 96F CSBG (4) Close-out Report Contractor shall submit on the current, appropriate CSD Forms, a financial and programmatic close-out report and, return all unexpended funds to the State within ninety (90) calendar days after expiration of the term of This Agreement. The close-out report is due March 30, 1997 . Final reimbursement to Contractor, if owed, shall be contingent upon receipt of this close-out by the State. Subsequent payments for subsequent CSBG contracts may also be contingent upon receipt of the close-out of This Agreement. (5) Revie a. The State shall review Contractor's program operations reports and evaluate Contractor's demonstrated ability to effectively utilize all funds available under This Agreement. b. An amendment to the total consideration of This Agreement may occur as a result of the State's review of Contractor's program and fiscal operations. C. Audit Reports (1) Funds provided under This Agreement shall be included in an audit conducted in accordance with the provisions of OMB Circular A-133 for nonprofit agencies, or OMB Circular A-128 for public agencies, standards promulgated by the American Institute of Certified Public Accountants (AICPA) , and those standards included in "Government Auditing Standards, 1994 Revision" . (2) The financial and compliance audit shall contain the following supplementary financial information: a. A combining statement of revenue and expenditures for each contract which presents, by budget line item, revenue and expenditures for the contract or audit period. b. A computation sheet for each contract used to calculate the Contractor's earnings for the contract or audit period, including measurable values, and a schedule of administrative expenditures. The results of this calculation will be used to determine: Page 19 96F CSBG 15 0 The amount due Contractor 0 The amount due CSD, or 0 Whether the Contractor has been paid in full (3) If the Contractor has used the same independent audit firm for more than five (5) consecutive years the Contractor must submit, to the CSD Audit Services Unit, a written justification for using the same audit firm in excess of five (5) years and request approval from the Audit Services Unit to continue using the same audit firm. (4) Private, nonprofit contractors shall submit to CSD two (2) copies of the required audit report within one hundred and eighty (180) calendar days of the end of the ,Contractor's fiscal year. Upon written request by the Contractor's CPA, which includes an explanation of why the audit cannot be submitted within one hundred and eighty (180) calendar days of the end of the Contractor's fiscal year, an extension may be granted by CSD's Audit Services Unit for submittal of the audit report not to exceed an additional thirty (30) calendar days from the original due date. The audit reports are to be submitted to the following address: Department of Community services and Development Audit Services Unit 700 North 10th Street, Room 258 Sacramento, CA 95814 Attention: Richard J. Bueche (5) Local governmental entities shall submit to CSD two(2) copies of the required audit report within thirty(30) calendar days after the completion of the audit, but no later than one (1) year after the end of the audit period. The audit reports are to be submitted to the address stated in Section 4 , above. a. Local governmental agencies shall submit the required number of copies of the audit report in accordance with the guidelines set by the Division of Audits of the State Controller's Office. Said reports are to be submitted to the following address: State Controller Division of Audits 300 Capitol Mall, Fifth Floor Sacramento, CA 95814 Page 20 96F CSBG g6o (6) Where services or funds under This Agreement are provided to, for, or by a wholly-owned, or wholly- controlled, subsidiary of Contractor, Contractor hereby provides assurance that an audit shall be performed of this subsidiary organization in accordance with this Section 27. Said required audit report shall be made available to the State upon request. 28. Budget and Work Plan A. Prior to execution of This Agreement by the State, Contractor shall submit to the State Exhibit I, CSBG Contract Budget (Summary) , Budget Support - Personnel Costs, and Budget Support - Nonpersonnel Costs (CSBG Fiscal Data series) . Contractor shall also submit to the State Exhibit II, CSBG Work Plan (CSBG Program Data series) , which shall reflect a description of outcome measures to be used to monitor success in promoting self- sufficiency, family stability, and community revitalization, measurable goals, objectives, and available resources for the delivery of services throughout the program period. With the exception of the Limited Purpose Agencies and American Indian Contractors, the CSBG Work Plan (Exhibit II) will be required in a contract 'amendment when the final 1996 CSBG appropriation is determined or when a continuing resolution is adopted for 'the remaining 1996 Federal Fiscal Year. B. Pursuant to CSBG Regulations, Section 100715 (a) (1) , contractor is granted approval to exceed budget line items in excess of 10%. This provision does not alter the requirement of Section 28.C. below pertaining to the 12% administration limitation, nor does it alter Section 21.C. 3. requiring prior approval for the purchase of equipment or vehicles. Expenditures in excess of the budget total shall not be reimbursed by CSD. In all other circumstances, pursuant to Section 9.A, prior DEO approval of a properly completed Justification for Contract Amendment/Modification , CSD Form 425b, shall be required. C. For the purpose of administrative expenditures, Contractor shall use funds allocated under This Agreement in an amount not to exceed twelve percent (12%) of its total operating funds. Page 21 96F CSBG • 85 29 . schedule of Exhibits The following exhibits are attached to This Agreement and are incorporated by this reference. EXHIBIT I..- CSBG FISCAL DATA CSBG Contract Budget (Summary) CSD 425.S Budget Support CSD 425. 1. 1 - Personnel Costs CSD 425. 1.2 - Nonpersonnel Costs CSD 425.2 EXHIBIT II. CSBG PROGRAM DATA CSBG Work Plan: Narrative CSD 420.N Summary CSD 420.5 Administration CSD 420.A Employment CSD 420. 1 Education CSD 420.2 Income Management CSD 420. 3 Housing CSD 420. 4 Emergency Services CSD 420. 5 Nutrition CSD 420. 6 Linkages With Other Programs CSD 420.7 Family-Self Sufficiency CSD 420. 8 Health CSD 420.9 Outcome Evaluation CSD 410-6a/b Strategy (Alternate Form) EXHIBIT III. CERTIFICATION REGARDING LOBBYING/STD.FORM LLL DISCLOSURE -OF LOBBYING ACTIVITIES EXHIBIT IV. DEFINITIONS Page 22 96F CSBG � • �� EXHIBIT I CSBG FISCAL DATA CSBG Contract Budget (Summary) CSD 425.S Budget Support CSD 425. 1. 1 - Personnel Costs CSD 425. 1.2 - Nonpersonnel Costs CSD 425.2 Page 23 O Ln ro W� 0 O iJ 0 z ol w Aj CL ro 0 06 En 0 Aj tan uuAj z C W a) .0 r Ij 0 14 F, o Ln a a o w Im IV) u m m v F4 rl, w 0cz m. z 9 c r. 4 R $4 8 0 0 U Aj A 4 O W N v lu w W. A w w rN 0 a c 0 w U m gu 0 Q3 .0 r U :3 E tr. m U v F- C 0 a u m m sa L) V4 ramau :$ 0m oto U) to 0) C N .r- m Ai -0 r c m 0 z 4) mo tr 0 �4 'i V 0 0 136 QJ C 0 V u im :5 C .0 > cn m u V 0 0 dF :2 m aD r w 0i a 7 am z 0 :3 0 m rz C 0 0 0 0 0 0 Z X V 0 0 0 mm co -4 V) U U) uu 0 C 0 Cd u 0 4 m O O M 0 0 0 uAan .) m E li u 0 0 14 - ), — 4) O 0 r= m :3 to 41 f. to im to 9) c to 0 La m U w col 0 0 m co Aj a to V CA 0 U to 41 m U m to 0) 0 ul 0 d) >4 W 0) M :3 u 1 10fir E 0 .10 E a 0 Im 0 u aw 0 N 0 0 99 m L) PC Im 07 1 0 E " N si E4 6 1, m 0. Im 0 to wm 0 a C 0 m Q1 L Qt iJ U L) O Yr m t7l 41 rnE at 7 at m O cq Im 0 li 4) tR E t4 cn 616 ro U w 0 w O m 0 Aj 0 V ro O V7 V V a E 0 L6 0 0 0 AJ 0 ) 4 0 G 47 im w 0 z m4J E 0 c " Q. 0 0 ri 4) En O F. 41 c 0 0 40) CEJ of r 0. - 0 Aj 4j >. m 9 m G 0 15 > > r 0 Ic 0 u f� w r4 lu 0 $4 0 aa in 0 UL) u v +00a E 4) Ij u 4) u) Q u L)cn ----------- 96F CSBG EXHIBIT II CSBG Work Plan: Narrative CSD 420.N Summary CSD 420. S Administration CSD 420.A Employment CSD 420.1 Education CSD 420.2 -Income Management CSD 420. 3 Housing CSD 420.4 Emergency Services CSD 420. 5 Nutrition CSD 420. 6 Linkages With Other Programs CSD 420.7 Family-Self Sufficiency CSD 420.8 Health CSD 420. 9 Outcome Evaluation CSD 410-6a/b Strategy (Alternate Form) Page 24 96F CSBG f! + 0 EXHIBIT III CERTIFICATION REGARDING LOBBYING - DISCLOSURE OF LOBBYING ACTIVITIES Std LLL Page 25 ��wLT H 6 ���u Wr'U�Q u Ut"�tlti.►�t�+un�� �0 : : DEPARTMENT OF HEALTH AND HUMAN SERVICES r FAMILY SUPPORT ADMINISTRATION +- Z Z us ca Community Services Block Grant PROGRAM' a30 ' USA • X37 January 11 1996 throe h December 96 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 zonnection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form LLL,- "Disclosure Form to Report Lobbying," 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) 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 and not more than $100,000 for each such failure. Director, Ccnrunity Svices. Dept. Signature Title Contra Costa County Ccnmunity Services Department Agency j Organization Date DISCLOSURE OF LOBBYING ACTIVIM 40M °0" •t! Complete this forth to disclose lobbying activities pursuant so 31 U.S.C.13S2 Lee reverse for public burden+disciosure3 i. Type of Federal AC60M 2. Status of Federal Acfimr 3. Report TYK j' a. Contract E] a. frid+aiiaarsppl:atibn A. iw OW fiiu+g LJ b. grant b. initial a"wd ED b. •aiwW charige c. coopeuAi-C ave+ehnent t:. post sward tree moersal Chante whir d. loan year quarter e. loan guarantee date o1 last report t. loan insurance 4. Mare and Address d Reportinj E-stitr. S. U Repwtkq Entity in No.4 is snbawardee.Entex risme and Address of Men= D Prime o subawardee Ther ,i bna.srr. C aloha!District ibsowm District.YJvwwre L Federal Depa meavAgemr J. f'sedwal program kamevesar*Gow CVA Number,i appficabfr. t Federal Action Nuusber.if J=Dwm ! Amed Amo d,if hOWAa S 14. a. Name and Address of Lobbying Emit) h hmawidwls freeior Services ttrmdudint address i lit individual,tact 400m,ivu aamc.Wt dilfastint!Earn No.j70 iiatt Rartser Arst na+pm Aft c,.4,.wnwr ttwt r 1 t. Anwunt of Pay'be (Obech an that apply): 13. T"w of P psnent(check a#that appiyr $ O a W C planned O a. mtaivw D' b. onetime fee 12. Form of ihapwhent idwd Mit fist 4*0* G C. asaoirulort O a. casts O 'd.eowr'rhgo aim O b. irricind specify astute - D s.dekr,s O .t other;spetif}c Value 14. firiei Drsa+pticMrt of Scr+rices l4rtaeahed er to be i�ertotwrrd asd OakW of Serricre fiaef Rig e[ficirist,ewhp*ywelst. or Member(s),contacted.lar Pxvh ld brdkIted i!11cm 11: -15. Coatiswutioet Sbeet(s)SFd1L•A attached: O Yes D No ti. .r......».«..w Mo ar rrw b&*mow or Mar ht V.tC w v� a mvm f.ra..r hrh"awns Y a anowd a"wowmM sismoom 40 60 apam"ftmb vdi me kris Ow err-ew Mr.rr edr f�siai tilaihC IS"c. rMIL%W bdommrrr w 40 owns"to ow ceff# .•m- Tick: oWmma r O d ri b«.Lik tw pAir+i..e+.►Aq psis..»w.w ar 4Ar rr4r,wr Uw44rwr4r A.r M w4et w a 4i.i psis►d.w 1..aw smm 01Ww d sm a OWN f OLM rr airy"a%%A M. Teiepllorht No.: Date: °fa+darai th!t3wlr: _ '� "x`rS u LLL J, umdrd V..'ki 4 ArrMr riwd 1 Lama ti+� . INMUCI'IONS FOR COMPLETION OF SF-LLL,DISCLOSURE OF LOBBYING ACTIVMES QV This disclosure form shall be completed by the reporting entity,whether subawardee or prime Federalipi+ent, at the • 0 initiation or receipt of a covered Federal action or a material dww to a previous Min& pursuant for dde 31 USC. section W2.The filing of a forth bs•req*W for each payment or agreemairto make pvaynhernt to arty lobbying entity lex' influencing or attempting to influence an officer or employee of my agency, &-Member of Congress, an officer or employee of Congress,or an employee of a Member of Congress in cOnnection with a cowered Federal action.Use the SF.LLL-A Continuation Sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report.Refer to the implementing guidance published by the Office of Management and Budget for additional infortrsat 0m 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action. 2. Identify the status of the cowered Federal action. 3. identify,the-appropriate classification of this report. If this is a f ilkmW report caused by a material change to the information previously reported enter the year and quarter in which the change occurred.Enter the date of the last previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name, address, city. state and sip cock of the repoentity. Include Congressional District. if known.Check the appropriate dassificatiod of the reporting entity OW designates if it is,or expects to be.a prime or subaward redpienL identify the tier of the wbawardee. e.g., the fust subawaidee of the prime is the int sirs: Subawards include but are not limited to subroanam,subgrants and contract awards under grants. S. If the organisation filing the report in hem 4 cher ks'Subawwrdee•,then eMer the fait name,address,city,star-slid zip code of the prime Federal recipient.Indude Longressional District.it known. L Exeter the name of the Federal agency making the award or loan cwtimitnteriL Include at least one organizi6ocul level below agency name,if known. For example,Department of 7atnsportation,United States Coast Guard 7. Enter the Federal program name or deicription for the coveitd Federal-action (item U. •if kxwwry enter the full Catalog of Federal Domestic Assistance (CFDN number for pants. cooperative agneem er" loans, and ban commitments. L Enta the most appropriate Federal identifying number available for the Federal action Idendlied in hem 1 (e.g. Request for Proposal (RFT) number. Invitation for bid OFF) number: grant announcement number, the contract grant or loan award number: the applicationvproposal control number assigned by the Federal agency). Include pm4xe16 e46•`RFI.0E.W.00t.- 4. For a co4ired Federal action where there has been an award or loan commitment by the Federal agency,enter the Federal amount of the swardAoan commitment for'"prime entity identified In item 4 at S. 10. tor)Enter the full name. address, city. state and tip cock of the lobbying entity engaged by the reporting entity identified In item 4 to infit encce the covered Federal action. (b)Enter the full names of the ind'rvkk alW performing smitm and include foil address if different from 10 (a). Enter Last Name,First Natner and Middle Mittal(M). 11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity(item 4)to the lobbying entity(item 10). Indicate whether the payment has been made(actual)or will be made(planned). Check all boxes that apply. If this is a matelot change report.enter the cumulative amount of payment made or planned to be made. 12. Check, the appropriate box(esL Chedt all boxes that apply. If payment is made through an W kind contnbutmn specify the nature and value of the M4dnd payment; 13. Check the appropriate box(es). Check all boxes/#rat appy. If other,specify Mature. 14. Provide a specific and detailed description of the services that the lobbyist has pedonned or will be expected to performs,and the date(s)of any services rendered Include all preparatory and related activity,cwt just time spent in actual contact with Federal officials. identify the Federal offid4W or employee(s) contacted or the of w(s), emplooyeeM or Member($)of Congress that were contacted 1S. Check whether or not a SF-I LL,A Continuation Sheet(s)is attached. 16. The certifying official shall sign and date the farm,print Wier name.title.and telephone nuIrAw. Public repordrrg bumim for this cdkction of k*wwaoan is estiwtaud to average 30 wrintues per response.irc lulling tWw for reviening instrrcooni6 wwdbi+L wising data sources.gadwning and wwaineainrrq the data yarded Ord". IA tint awl wviewiwg due e-11 rwon of inlonnadwL Serif cowwrwnts rveprdmrg ftburden asorrs"or any odor aspect of#% cikcnow d kdon lion.hiclucling suggen om for reducing this bwndm m own Office d Manegem m and ludpt,hpemork Reduction PmWt W46-00).waaNngeon,D.G 20503. DISCLOSURE OF LOBBYING ACTWITIES CONTINUATION SWC t D - D ReperEy*Ir- Page .t Aao"A.d sw wew a"We"ofim suadw i Pwo-w-A 96F CSBG EXHIBIT IV DEFINITIONS 1. Authorized Agent: The duly authorized representative of the Board of Directors of Contractor and duly elected or appointed, qualified, and acting officer of the State. In the case of Contractor, the State shall be in receipt of board resolution affirming an agent's representative capacity to bind Contractor to the terms of This Agreement. 2 . Contractor: The entity (partnership, corporation, association, agency, or individual) designated on page 1 of This Agreement. 3 . CSD: The Department of Community Services and Development, State of California. 3 . Parties: The State of California and the Contractor. 4 . Subcontractor: An entity (partnership, corporation, association, agency, or individual) that enters into a subcontract with Contractor to fulfill the terms of This Agreement. 5. Subcontracts: Contracts entered into by and between Contractor and subcontractor to carry out the purposes of This Agreement. 6. the State: The State of' California, Department of Community Services and Development 7 . This Agreement: The complete contents of this contract entered into by and between the State and Contractor, including all rights, duties, and obligations whether express or implied, required toward the legal performance of the terms hereof. 8. This Program: The Community Services Block Grant (CSBG) Program, 42 USC 9901 et seq. , as amended. Page 26 TO: BOARD OF SUPERVISORS Contra FROM: William 'Walker, M.D. , Health Services Director Costa DATE: February 12, 1996 County ApprovalApproval of Medical Specialist contract #26-933 wit Kirk Beckwith, SUBJECT: M.D. ; Paul H. Kwok, D.O. ; Robert J. Lindsay, M.D. ; Craig Nielson, M.D. ; and Mark Vukalcic, M.D. SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION I. RECOMMENDED ACTION: Approve and authorize the Health Services Director, or his designee, (Frank Puglisi, Jr. ) to execute on behalf of the County, Medical Specialist Contract #26-933 with Kirk Beckwith, M.D. ; Paul H. Kwok, D.O. ; Robert J. Lindsay, M.D. ; Craig Nielson, M.D. ; and Mark Vukalcic, M.D. (specialty: Anesthesiology) , for the period from January 1, 1996 through October 31, 1999, to be paid as follows: a. $87, 500 per month NOT TO EXCEED a total of $875, 000 for the period from January 1996 through October 1996; b. $83 , 125 per month NOT TO EXCEED a total of $997, 500 for the period from November 1996 through October 1997; C. $78,969 per month NOT TO EXCEED a total of $947, 625 for the period from November 1997 through October 1998; and d. $75, 000 per month NOT To EXCEED a total of $900, 000 for the period from November 1998 through October 1999 . II. FINANCIAL IMPACT: Cost to the County depends upon utilization. As appropriate, patients and/or third party payors will be billed for services. III. REASONS FOR RECOMMENDATIONSIBACKGROUND: For a number of years, the County has contracted with Anesthesiologists on a fee-for-service basis to provide specialized professional services which are not otherwise available in its Hospital and Health Centers. In order to address current changes in health care, a capitated multi-year contract has been negotiated which represents a first-year savings of $200, 000, and an annual 5% reduction for the following three years. Approval of Medical Specialist Contract #26-933 will allow contractors to continue to provide Anesthesiology Services for Merrithew Memorial Hospital and Health Centers through October 31, 1999. CONTINUED ON ATTACHMENT: - YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURES) ACTION OF BOARD ON February APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS X UNANIMOUS (ABSENT I HEREBY CERTIFY THAT THIS IS A TRUE AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN ABSENT: ABSTAIN: . AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact: Frank Puglisir Jr. (370-5100) CC: Health Services (Contracts) ATTESTED February 27, 1996 Risk Management Phil Batchelor, Clerk of the Board of Auditor-Controller Supervisors and County Administrator Contractor M382/7-83 BY DEPUTY ��2"- �a,c k r e' TO: BOARD OF SUPERVISORS FROM: William Walker, M.D. , Health Services Director Contra Costa DATE: February 15, 1996 County SUBJECT: Approval of Medical Specialist Contract #26-926-1 with y East Bay Perinatal Medical Associates SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION I. RECOMMENDED ACTION: Approve and authorize the Health Services Director, or his designee, (Frank Puglisi, Jr. ) to execute on behalf of the County, Medical Specialist Contract #26-926-1 with East Bay Perinatal Medical Associates, (specialty: Obstetrics) , for the period from January 1, 1996 through December 31, 1996, to be paid as follows: $ 160. 00 per hour, for provision of Maternal-Fetal Medicine Services for a minimum of three (3) half-day clinic sessions per month at the High Risk Obstetric Clinics in Richmond, Pittsburg, and Martinez; and for attendance at the monthly Perinatal Infant Mortality/Morbidity Committee. II.FINANCIAL IMPACT: Cost to the County depends upon utilization. As appropriate, patients and/or third party payors will be billed for services. III.REASONS FOR RECOMMENDATIONS/BACKGROUND: For a number of years the County has contracted with Medical and Dental Specialists to provide specialized professional services which are not otherwise available in its hospital and clinics. Due to the high risk nature of our patient population, it is necessary to establish high risk obstetric clinics for the Merrithew Memorial Hospital and Health Centers. Approval of Medical Specialist Contract #26-926-1 will allow the Contractor to continue providing services through December 31, 1996. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURES) ACTION OF BOARD ON February 27, 1996 APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS X UNANIMOUS (ABSENT ) I HEREBY CERTIFY THAT THIS IS A TRUE AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD Contact: Frank Puglisi, Jr. (370-5100) OF SUPERVISORS ON THE DATE SHOWN. CC: Health Services (Contracts) ATTESTED _ February 27, 1996 Risk Management Phil Batchelor, Clerk of the Board of Auditor-Controller Supervisors and County Administrator Contractor M882/7-88 BY "�'�/' -C�-<L../� _ DEPIJTV VR V TO:' BQARD OF SUPERVISORS Contra FROM: William Walker, M.D. , Health Services Director Costa DATE: February 15, 1996 @ Co(„rly SUBJECT: Approval of Contract Amendment Agreement #24-668-4 with Amalia Gonzalez Del Valle SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION I. RECOMMENDED ACTION: Approve and authorize the Health Services Director or his designee (Chuck Deutschman) to execute on behalf of the County, Contract Amendment Agreement #24-668-4 with Amalia Gonzalez Del Valle, effective January 1, 1996, to amend Standard Contract #24-668-3 (effective April 1, 1995 through March 31, 1996) to increase the Contract Payment Limit by $7, 500, from $64 , 190 to a new total Contract Payment Limit of $71, 690. FINANCIAL IMPACT: This contract is funded under a Grant Award from the U.S. Department of Health and Human Services for the "Partnership for a Drug Free Contra Costa" Project. No County match is required. III. REASONS FOR RECOMMENDATIONS/BACKGROUND: On August 1, 1995 the Board of Supervisors approved Standard Contract #24-668-3 with Amalia Gonzalez Del Valle to direct and implement grant activities for the "Partnership for a Drug Free Contra Costa" Project. Approval of Contract Amendment Agreement #24-668-4 will allow the Contractor to provide additional hours of service through March 31, 1996. CONTINUED ON ATTACHMENT:-YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) ACTION OF BOARD ON Fphniary 27, 1996 APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS X UNANIMOUS (ABSENT I HEREBY CERTIFY THAT THIS IS A TRUE AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact: Chuck Deutschman (313-6350) CC I Health Services (Contracts) ATTESTED February 27, 1996 Risk Management Phil Batchelor, Clerk of the Board of Auditor-Controller Supervisors and County Administrator Contractor M382/7-83 BY ---------- DEPUTY TO: BOARD OF SUPERVISORS C,sj FROM: William Walker, M.D. , Health Services DirectorContra Costa DATE: February 12, 1996 County SUBJECT: Approve Standard Contract #22-538-1 with Elwin Getty `1 SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION I. RECOMMENDED ACTION: Approve and authorize the Health Services Director, or his designee (Wendel Brunner, M.D. ) , to execute on behalf of the County, Standard Contract #22-538-1 with Elwin Getty, in the amount of $38,808, for the period from March 1, 1996 through February 28, 1997, to provide outreach and case management services for the County's Homeless Project. II. FINANCIAL IMPACT: This Contract is funded under the 11340" Homeless Grant. III. REASONS FOR RECOMMENDATIONS/BACKGROUND: On March 21, 1995, the Board of Supervisors approved Standard Contract #22-538 for provision of a variety of outreach activities and case management services to increase the delivery of primary care and support services to the homeless population in the county. Approval of Standard Contract #22-538-1 will allow the Contractor to continue to provide services through February 28, 1997 . CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) ACTION OF BOARD ON February 27, 1999 APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS X UNANIMOUS (ABSENT ) I HEREBY CERTIFY THAT THIS IS A TRUE AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact: Wendel Brunner, M.D. (313-671,2) CC: Health Services (Contracts) ATTESTED February 27, 1996 Risk Management Phil Batchelor, Clerk of the Board of Auditor-Controller Supervisors and County Administrator Contractor r , / rI Mangy/�-aa AV 94A OOta TO: BOARD OF SUPERVISORS FROM: William Walker, M.D. , Health Services Director Contra 4i) Costa DATE: February 2 , 1996 County SUBJECT: Approval of Novation Contract 124-312-15 with Asian Community Mental Health Services, Inc. SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION I. RECOMMENDED ACTION: Approve and authorize the Health Services Director, or his designee (Lorna Bastian) , to execute on behalf of the County, Novation Contract #24-312-15 with Asian Community Mental Health Services, Inc. , for the period from July 1, 1995 through June 30, 1996, with a payment limit of $29,898, for provision of mental health program services for mentally disturbed Southeast Asian refugees in West County. This Novation Contract includes a six-month automatic contract extension through December 31, 1996, in the amount of $14, 949. II. FINANCIAL IMPACT: This Contract is included in the Health Services Department's Budget, to be funded by Federal Medi-Cal and County/Realignment Funding, as follows: $ 9,532 Federal Medi-Cal Revenue 20, 366 County/Realignment Funding $29,898 TOTAL CONTRACT PAYMENT LIMIT III. REASONS FOR RECOMMENDATIONS/BACKGROUND: This Contractor supplies trained mental health workers to provide bilingual/bicultural interpretation and language translation services; non-therapeutic counseling; and information, referral, and advocacy services for Southeast Asian refugees to assist the County's Mental Health staff in providing services to this client population at the West County Community Mental Health Center. Novation Contract #24-312-15 replaces the automatic extension under the prior contract and continues the Contractor's services through June 30, 1996. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) ACTION OF BOARD ON February APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS X UNANIMOUS (ABSENT ) I HEREBY CERTIFY THAT THIS IS A TRUE AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact: Lorna Bastian (313-6411) CC: Health Services (Contracts) ATTESTED Fehrrnary 2.7, 1996 Risk Management Phil Batchelor,Cleric of the$oard of Auditor-Controller Suvervisors and County Administrator Contractor / nn TO: BOARD OF SUPERVISORS (� FROM: William .Walker, M.D. , Health Services Director Contra Costa DATE: February 6, 1996 County SUBJECT: Approval of Standard Contract #22-418-4 with Laura Lynn Brown SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION I. RECOMMENDED ACTION: Approve and authorize the Health Services Director to execute on behalf of the County, Standard Contract #22-418-4 with Laura Lynn Brown, for the period from February 1, 1996 through January 31, 1997, in the amount of $76,840, for consultation and technical assistance to the Department's Environmental Health Division regarding risk management and prevention programs. II. FINANCIAL IMPACT: This Contract is funded by AB 3777 (RMPP Fees) revenues included in the Health Services Department's Budget. III. REASONS FOR RECOMMENDATIONS/BACKGROUND: On January 31, 1995, the Board of Supervisors approved Contract #22- 418-3 with Laura Lynn Brown, for consultation and technical assistance to the Department's Environmental Health Division and to Contra Costa County petroleum refining and chemical manufacturing businesses which handle acutely hazardous materials. Approval of Standard Contract #22-418-4, will allow the Contractor to continue to provide services through January 31, 1997 . CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) ACTION OF BOARD ON February 27, 1996 APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS X UNANIMOUS (ABSENT ) I HEREBY CERTIFY THAT THIS IS A TRUE AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD Contact: William Walker, M.D. (370-5010) OF SUPERVISORS ON THE DATE SHOWN. CC: Health Services (Contracts) ATTESTED February 27, 1996 Risk Management Phil Batchelor, Clerk of the Board of Auditor-Controller Supervisors and County Administrator Contractor l'??Ids M362/7-83 BY Nd-14,1-O a"i nFP11TV TO: BOARD OF SUPERVISORS FROM: William Walker, M.D. , Health Services Director Contra Costa DATE: February 6, 1996 County SUBJECT: Approval of Standard Contract #22-481-2 with Caryn DiLelio SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION I. RECOMMENDED ACTION: Approve and authorize the Health Services Director to execute on behalf of the County, Standard Contract 122-481-2 with Caryn DiLelio, for the period from February 1, 1996 through January 31, 1997, in the amount of $70, 900, for consultation and technical assistance to the Department' s Environmental Health Division regarding risk management and prevention programs. II. FINANCIAL IMPACT: This Contract is funded by AB 3777 (RMPP Fees) revenues included in the Health Services Department' s Budget. III. REASONS FOR RECOMMENDATIONS/BACKGROUND: On January 31, 1995, the Board of Supervisors approved Contract #22- 481-1 with Caryn DiLelio for consultation and technical assistance to the Department's Environmental Health Division and to Contra Costa County petroleum refining and chemical manufacturing businesses which handle acutely hazardous materials. Approval of Standard Contract #22-481-2 will allow the Contractor to continue to provide services through January 31, 1997 . CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) ACTION OF BOARD ON February 27, APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS X UNANIMOUS (ABSENT ) I HEREBY CERTIFY THAT THIS IS A TRUE AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact: William Walker, M.D. (370-5010) CC: Health Services (Contracts) ATTESTED February 27, 1996 Risk Management Phil Batchelor, Clerk of the Board of Auditor-Controller Supervisors and County Administrator Contractor ` j� M382/7-69 BY XLGI.L 1 ,-E1�o/ DEPUTY To: BOARD OF SUPERVISORS FROM: William Walker, MD, Health Services DirectorContra 1@ Costa DATE: February 15, 1996 County SUBJECT: Approval of Contract Cancellation Agreement #24-799-1 with Phoenix Programs, Inc. SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION I. RECOMMENDED ACTION: Approve and authorize the Health Service Director, or his designee (Lorna Bastian) to execute, on behalf of the County, Contract Cancellation Agreement #24-799-1, a mutual consent agreement, to cancel Standard Contract #24-799 with Phoenix Program, Inc. , effective at the close of the workday on February 1, 1996. II. FINANCIAL IMPACT: This Contract was funded by Federal Medi-Cal and County Realignment funds III. REASONS FOR RECOMMENDATIONS/BACKGROUND: On May 2, 1995, the Board of Supervisors approved Standard Contract #24-799 with Phoenix Programs, Inc. , for the period from April 1, 1995 through June 30, 1996, for provision of Transitional Residential Treatment Program services for the County's severely and persistently mentally ill (SPMI) clients. The Contractor never provided services under this Contract #24-799, because they failed to secure a suitable facility within the time frame of August 1, 1995. Therefore, in accordance with the Paragraph 5. (Termination) of the General Conditions, the Department and the Contractor have agreed to a mutual cancellation of this Contract, and approval of Contract Cancellation Agreement #24-799-1 will accomplish this termination. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) ACTION OF BOARD ON February 27, 1996 APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS X UNANIMOUS (ABSENT ) 1 HEREBY CERTIFY THAT THIS IS A TRUE AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact: Lorna Bastian (313-6411) CC: Health Services (Contracts) ATTESTED February 27, 1996 Risk Management Phil Batchelor,Clerk of the Board of Auditor-Controller Suouvisors and County Administrator Contractor _ � J, TO: BOARD OF SUPERVISORS Contra FROM: Arthur C. Miner, Executive Director Costa Contra Costa County Private Industry Council o, •,�,..-,.:,�-..�:4o County �P DATE: February 8, 1996 SUBJECT: Authorizing Execution of JTPA Vocational Training Agreement with Quick Learning School of Concord ( 866) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I . RECOrIIMMNDATION: Authorize the Executive Director, Contra Costa County Private Industry Council to: ( 1) execute on behalf of the County standard form Vocational Training Agreement #866 with Quick Learning School of Concord (Corporation) , 1465 Enea Circle, Suite 940, Concord, CA 94520 for the term beginning February 27, 1996 and ending June 30, 1996 to provide vocational training to individually referred Job Training Partnership (JTPA) participants and certain fixed fees as specified in said agreement; and, ( 2) execute additional standard form Amendment Agreements with the above referenced institution as may be needed for periodic revisions such as adding or deleting a training course, changing the tuition fees or to comply with changes in State or Federal regulations. II . FINANCIAL IMPACT: None. 100 percent Federal funds. III. REASONS FOR ON/BACKGROUND: Allocation of Job Training Partnership Act (JTPA) funds for County' s overall JTPA Vocational Training Programs for program years 1995/96 was approved by the Board on April 25 , 1995. The herein requested action will modify the existing list of Institutions (Contractors) approved by the Bo ' s action f July 11, 1995. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE �- APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON February 27, 1996 APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS 1 HEREBY CERTIFY THAT THIS IS A TRUE X UNANIMOUS(ABSENT AND CORRECT COPY OF AN ACTION TAKEN AYES: _NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. CC: Bob Whatford 646-5373 ATTESTED February 27, 1996 Private Industry Council PHIL BATCHELOR,CLERK OF THE BOARD OF County Administrator SUPERVISORS AND COUNTY ADMINISTRATOR County Auditor-Controller Contractor #11: VOC866 BY ,DEPUTY .��.1�. N13822 (10/88) To: BOARD OF SUPERVISORS Contra FROM: Arthur C. Miner, Executive Director ^ Contra Costa County Private Industry Council =; = Costa DATE: February 5, 1996 County SUBJECT. Authorizing Execution of DTPA Vocational Training Agreement with Tradeswomen, Inc . (865) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)A BACKGROUND AND JUSTIFICATION I . RECOMMENDATION: Authorize the Executive Director, Contra Costa County Private Industry Council to: (1) execute on behalf of the County standard form Vocational Training Agreement #865 with Tradeswomen, Inc (Non-Profit Corporation) , 1980 Campbell Street, Oakland, CA 94607 for the term beginning February 27, 1996 and ending June 30, 1996 to provide vocational training to individually referred Job Training Partnership (DTPA) participants and certain fixed fees as specified in said agreement; and, (2) execute additional standard form Amendment Agreements with the above referenced institution as may be needed for periodic revisions such as adding or deleting a training course, changing the tuition fees or to comply with changes in State or Federal regulations . II . FINANCIAL IMPACT: None. 100 percent Federal funds . III . REASONS FOR RECOMMENDATION/BACKGROUND: Allocation of Job Training Partnership Act (DTPA) funds for County' s overall JTPA Vocational Training Programs for program years 1995/96 was approved by the Board on April 25, 1995 . The herein requested action will modify the existing list of Institutions (Contractors) approved by the Board' s action of July 11, 1995 . CONTINUED ON ATTACHMENT. YES SIGNATURE: �,�- RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE �Pli APPROVE OTHER SIGNATUREfSI: ACTION OF BOARD ON February 27, 1996 APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE X UNANIMOUS(ABSENT ► AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES Of THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. Contact: Bob Whatford 646-5373 Co Private Industry Council ATTESTED February 27. 1996 County Administrator PHIL BATCHELOR,CLERK OF THE BOARD OF County Auditor-Controller SUPERVISORS AND COUNTY ADMINISTRATOR Contractor #11 : VOC865r �,p n My ) ,`^d'44,C X_,__) neal MV �01;7_ C 11�0 To: BOARD OF SUPERVISORS -------- FROM: John UPERVISORSE- John Cullen, Director _ =° Contra FROM: Social Service Department :z Costa February 15, 1996 County DATE: c�'srq cov SUBJECT: APPROVE and AUTHORIZE Contract #21-294 for Independent Living Skills Program Service Coordinator SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDED ACTION: APPROVE and AUTHORIZE the Director of Social Service, or designee, to contract with Mr. Timothy Hamp for the period of March 1, 1996 through September 30, 1996 for an amount of $35, 000 for services to be performed as the Program Service Coordinator for the Independent Living Skills Program. FISCAL• No county funds. This contract is funded 100% with Federal ILSP Grant funding. BACKGROUND; The Independent Living Skills Program, through the use of contract services, provides service to foster children age 16 and over, aiding them in transition to emancipation and adulthood. The Program Coordinator responsibilities include assisting with the FY 95/96 program, coordinating work of other contractors and other services as needed. Mr. Timothy Hamp would fill the vacant Program Coordinator position which has been advertized. NEGATIVE IMPACT; Not authorizing this action will jeopardize the continuation of the grant funding. CONTINUED ON ATTACHMENT: YES SIGNATURE: LQA/� RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON February 270 1996 APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE X UNANIMOUS(ABSENT r AND CORRECT COPY OF AN ACTION TAKEN AYES: _NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. CC: Contact: Danna Fabella 3-1583 ATTESTED February 27, 1996 SOCIAL SERVICE (CONTRACTS UNIT) PHIL BATCHELOR,CLERK OF THE BOARD OF COUNTY ADMINISTRATOR SUPERVISORS AND COUNTY ADMINISTRATOR AUDITOR-CONTROLLER CONTRACTOR /� l M382 (10!88) BY ���,�(`�'---�—�� ` ����a ,DEPUTY C -7 TO: BOARD OF SUPERVISORS FROM: John Cullen, Director Contra Social Service Department Costa a , __�..- ��, February 9, 1996 � - -: �_ County DATE: cosi•'----•'v`� A COUP SUBJECT: APPROVE and AUTHORIZE Director of Social Service, or designee, to AMEND Contracts 21-248-1, 21-255-1, and 21-259 -2 with three General Assistance (GA) Assessment Counselors. SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDED ACTION: APPROVE and AUTHORIZE the Director of Social Service, or designee, to Amend contracts 21-248-1, 21-255-1, and 21-259 -2 with General Assistance (GA) Assessment Counselors, Mr. John Laird, Ms Cecile Ray and Ms Ingred Ford to increase the contract amounts by $10, 000 from $25, 000 to $35, 000. These contracts are for the provision of individual GA client assessments to confirm chemical dependence for positive Substance Abuse Subtle Screening Inventory (SASSI) results cases. FISCAL• The increased funding for these contracts is included in the SDS FY 95/96 budget as County General Fund expense. BACKGROUND: The Assessment Counselors are responsible for interviewing General Assistance applicants who are identified by the SASSI (Substance Abuse Subtle Screening Inventory) as Chemically Dependent. The Assessment Counselor is responsible for confirming or not confirming the SASSI score of Chemical Dependency. All General Assistance applicants are screened for chemical dependency as part of the application process. General Assistance applicant(s) /client(s) that are confirmed as Chemically Dependent by an Assessment Counselor are referred to the GAADDS (General Assistance Alcohol and Drug Diversion Service) program for treatment. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON -- February 27, 1996 APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE X UNANIMOUS(ABSENT r ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. CC- Contact: Robert Hofmann 3-1593 ATTESTED February 27, n96 SOCIAL SERVICE (CONTRACTS UNIT) PHIL BATCHELOR,CLERK OF THE BOARD OF COUNTY ADMINISTRATOR SUPERVISORS AND COUNTY ADMINISTRATOR AUDITOR-CONTROLLER CONTRACTOR M382 (1088) BY f/ ih /,�Q.( .DEPUTY TO: BOARD OF SUPERVISORS FROM: William Walker, M.D. , Health Services Director Contra Costa DATE: February 15, 1996 County SUBJECT: Approval of Neonatal Teaching & Coverage Agreement #26-202-8 with Children's Hospital Medical Center of Northern California SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION I. RECOMMENDED ACTION: Approve and authorize the Health Services Director or his designee (Frank Puglisi) to execute on behalf of the County, Neonatal Teaching & Coverage Agreement #26-202-8 with Children' s Hospital Medical Center of Northern California, with a payment limit not to exceed $66, 629, for the period January 15, 1996 through January 14 , 1997 , for provision of neonatology services for County' s Merrithew Memorial Hospital and Health Centers. II. FINANCIAL IMPACT: This contract is funded by Enterprise I in the Department's Fiscal Year 1995-96 Budget and will be included in the Department's Fiscal Year 1996-97 Budget. III. REASONS FOR RECOMMENDATIONSIBACKGROUND: On February 14 , 1995, the Board of Supervisors approved Contract #26-202-5 (as amended by Addenda #26-202-6 and #26-202-7) with Children' s Hospital Medical Center of Northern California (CHMC) for the period from January 15, 1995 through January 14, 1996. Under the terms of the agreement, CHMC provides neonatology administrative—and teaching services for staff of County' s Merrithew Me4orial Hospital and Health Centers. In addition, CHMC is on call twenty-four hours a day to provide neonatology services and to arrange transportation for high risk infants to their facility. CHMC bills Medi-Cal and/or other third party payors for the costs of patient care. The number of deliveries at Merrithew Memorial Hospital continues to increase, as does the percentage of high risk mothers. This service provides additional support to staff involved in the care of newborns and is consistent with the Department ' s efforts to reduce risk to the County. Approval of Contract #26-202-8 will continue the Contractor's services for another twelve months. CONTINUED ON ATTACHMENT: YES SIGNATURE: ki")V RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) ACTION OF BOARD ON February 27, 1996 APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS X UNANIMOUS (ABSENT ) I HEREBY CERTIFY THAT THIS IS A TRUE AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact: Frank Puglisi, Jr. (370-5100) CC: Health Services (Contracts) ATTESTED February 27, 1996 Risk Management Phil Batchelor, Clerk of the Board of Auditor-Controller Supervisors and County Administrator Contractor 6ege�i�_eq RV nFPlITV 0.99 TO: BOARD OF SUPERVISORS _ Contra FROM: Phil Batchelor, County Administrator m; Cx)Sta 't O County DATE: February 27, 1996 nOSTq,CUl7K� SUBJECT: Computer Systems Technical Support SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONW. APPROVE and AUTHORIZE the Chair, Board of Supervisors to amend a contract with Aquarius Public Management, Inc. by $100,000 and extend the contract through June 30, 1997 to provide computer system technical support to the Auditor, Human Resources and County Administrator's Office. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): Over the last several years, Aquarius Public Management, Inc. has provided invaluable technical assistance to a number of departments, including Health Services and General Services Departments and the Auditor and County Administrator's Offices with regard to computer systems and related technical services. The firm was involved in the planning for a replacement of the county budget system which resulted in over$100,000 to the County for the same system or compared to counties purchases. This contract amendment continues the involvement with the planning and implementation of a new Human Resources/Payroll system which will substantially streamline records and payroll activities and thereby save staff time. The current outmoded systems, over 25 years old, do not interface, are labor intensive and are very costly to maintain and modify. Additionally, the firm will provide expertise to the County Information Technology Steering Committee. CONTINUED ON ATTACHMENT: _YES SIGNATURE: J�y-n �,____. RECOMMENDATION OF COUNTY ADMINISTRATOR_RECOMMENDATION OF BOARD COMMITTEE —APPROVE —OTHER SIGNATURE(S): ACTION OF BOARD ON FEBRIJARY 27, 1996 APPROVED AS RECOMMENDED 2L OTHER VOTE OF SUPERVISORS 1 HEREBY CERTIFY THAT THIS IS A _Y UNANIMOUS(ABSENT 1 TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ABSENT: ABSTAIN: ON MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact: ATTESTED FEBRUARY 27, 1996 PHIL BATCHELOR,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR cc: CAO B ,DEPUTY X -a7- `7b n `1`I Contra Costa County Standard Form 1/87 CONTRACT AMENDMENT AGREEMENT (Purchase of Services) Number Fund/Org # 1692 Account # 2310 Other # 1. Identification of Contract to be Amended. Number: Effective Date: February 1, 1996 Department: County Administrator S ubj ect: Budget & Business System Planning and Implementation 2 . Parties. The County of Contra Costa, California (County) , for its Department named above, and the following named Contractor mutually agree and promise as follows: Contractor: Aquarius Public Management, Inc. Capacity: Corporation Taxpayer ID # 94-2580586 Address: 715 Euclid Ave. Berkeley, CA 94708 3 . Amendment Date. The effective date of this Contract Amendment Agreement is February 1 1996 4 . Amendment Specifications. The Contract identified above is hereby amended as set forth in the "Amendment Specifications" attached ,hereto which are incorporated herein by reference. 5 . Signatures. These signatures attest the parties ' agreement hereto: COUNTY OF CONTRA COSTA, CALIFORNIA ATTEST: Phil Batchelor, Clerk of BOARD OF SUPERVIS R the Board of Supervisors and County Administrator By Ch an/Designee Deputy CONTRACTOR By '.��"-' f y. By 51 C ) I on S� e� )L r. P„ t Cx. V, PWL&;a�..,� (Designate business capacity A) (Designate business capacity B) Note to Contractor: For corporations (profit or nonprofit), the contract must be signed by two officers. Signature A must be that of the president or vice-president and Signature B must be that of the secretary or assistant secretary (Civil Code Section 1190.1 and Corporations Code Section 313). All signatures must be acknowledged as set forth on page two. _ . (.q9 AMENDMENT SPECIFICATIONS AMENDMENT NO. 2 1. Purpose. The parties desire to amend the Short Form Service Contract entered into effective February 1, 1996 to increase the term and payment limit. 2. AMENDMENT a. Section 3. Term is replaced with the following: "Term'. The effective date of this amended Contract is February 1, 1996. The term shall be from the effective date through June 30, 1997. b. Section 5. Payment Limit, is increased by $100,000. C. Section 6a. Fee Rate, is amended to $125 per service unit. d. Section 7., Contractor's obligations shall be amended as delineated in Exhibit A. Exhibit A BUSINESS SYSTEMS PLANNING & IMPLEMENTATION (Fiscal Years 1994-95, 1995-96 AND 1996-97) AQUARIUS PUBLIC MANAGEMENT, INC. 2/27/96 Amendment Major AreaRaslks Hours Hours I. Budget System (Year Three) 60 -0- Assist County in planning and negotiating the Year Two improvements and enhancements • Oversee completion of Year Two improvement and enhancements • Coordinate with other counties using the BT System to optimize system cost and usage II. County-Wide Business Systems Planning 135 150 • Facilitate Business systems Planning Committee • Participate on County-Wide Information Technology Steering and County-Wide Area Network(WAN) committees • Assist CAO and Auditor on planning and implementation of in-office Local Area Networks (LANs) and connection to the County-Wide WAN. Provide advice on systems issues as requested III. Project Management for Personnel/Payroll System 405 650 • Continue planning of Payroll/Personnel System requirements development. • Assist County in evaluating vendor responses to requests for proposals. • Assist County in negotiating a contract with a vendor for a new computerized system. • Assist County in implementing new system as required. TOTAL 600 800 A TO: BOARD OF SUPERVISORS - Contra FROM: HARVEY E. BRAGDON Costa DIRECTOR OF COMMUNITY DEVELOPMENT County DATE: FEBRUARY 27, 1996 SUBJECT: AMENDMENT OF CONTRACT FOR REVIEW OF GEOLOGIC REPORTS (33999-00) SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS Authorize the Director of Community Development to execute a second contract amendment with the firm of Darwin Myers Associates in the amount of $24,000.00 for additional geologic review services at various jurisdictions on an as-needed basis. This amendment, effective December 31, 1995, increases the amount of the current contract from $61,170.00 to $85,170.00, and extends the term of that contract from December 31, 1995 through December 31, 1996. FISCAL IMPACT None. All costs are covered by applicant fees. BACKGROUNDIREASONS FOR RECOMMENDATIONS On January 26, 1993, the Board approved a contract with the firm of Darwin Myers Associates for geologic review services as needed. Then, on January 10, 1995, the Board approved a contract amendment in the amount of $24,000.00 for additional geologic review services. This second contract amendment would provide another $24, 000.00 for geologic review services on various land development projects, and these services are necessary since the County no longer has its own Geologist. CONTINUED ON ATTACHMENT: YES SIGNATURE ,/�JVV� RECOMMENDATION OF COUNTY ADMINISTRATOR RECOXMEN>el N 09 ARD COMMITTEE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON FEBRUARY 27, 1996 APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A X UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact: Ron deVincenzi (510/335-1278) ATTESTED FEBRUARY 27, 1c)96 cc: Community Development Department (CDD) PHIL BATCHELOR, CLERK OF Judy Coons, Auditor-Controller THE BOARD OF SUPERVISORS County Administrator AND COUNTY ADMINISTRATOR David Joslin, CDD Darwin Myers, Consultant (via CDD) � ;� BY , DEPUTY DWJ: \ board\96\DMAGeo12.EIR Gl� l TO: BOARD OF SUPERVISORS FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: February 27, 1996 SUBJECT: Authorize County Purchasing Services Officer to sign agreement with Computer Programming Company for the Public Works Department SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. Recommended Action: Authorize the Contra Costa County Purchasing Services Officer to sign the following service contract identified below: 1. Service contract with Voland Group, Inc. for an additional amount of$3,000 raising the cap to $53,000. The additional service contract term is effective August 1, 1995 through December 31, 1995. II. Financial lmpact: None. All costs are supported by application fees. III. Reasons for Recommendations and Background: The Public Works Department has employed this company to perform computer programming for the land development timekeeping system. The required work will exceed the $50,000 payment limit established with a previous amendment so the limit needs to be increased. Continued on Attachment:_ SIGNATURE:.,..// Cv ' —RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE APPROVE _OTHER SIGNATURE(S): ACTION OF BOARD ON 02/27/1996 APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS X UNANIMOUS (ABSENT ) AYES: NOES: ABSENT: ABSTAIN: SCH:d rg 1 hereby errtify that this is a true and CorraCtCoPY Ot g:lv\Bdord127.t2 an action taken and entered on the minutes of the Board of Supervisors on the date shown. Orig. Div: Public Works(ADMIN) ATTESTED:_.EF Q96 ...� Contact: Cliff Hansen,510/313-2341 PHIL BATCHELOR,Clerk of the Board of Supervisors and County Administrator cc: Auditor Controller By „ General Services, Purchasing . .aj> per, poi Public Works,Accounting