HomeMy WebLinkAboutMINUTES - 08182015 - C.48RECOMMENDATION(S):
1. APPROVE the allocation of the 2015 Housing Opportunities for Persons with HIV/AIDS funds as follows:
$203,000 to the County Health Services HIV/AIDS program, $272,775 for housing development, and $35,810 for
program administration; and
2. APPROVE and AUTHORIZE the Conservation and Development Director, or designee, to enter into a fiscal year
2015 funding agreement with the City of Oakland that authorizes the County to administer $511,585 in Housing
Opportunities for Persons with HIV/AIDS funds for housing and supportive services for low-income persons with
HIV/AIDS, for the period of July 1, 2015 through June 30, 2018.
FISCAL IMPACT:
No General Fund impact. Housing Opportunities for Persons with HIV/AIDS funds are provided through the
Department of Housing and Urban Development (HUD) to the City of Oakland, as administering agent. Consistent
with HOPWA regulations, $35,810 is designated to cover staff costs associated with program administration.
CATALOG OF FEDERAL DOMESTIC ASSISTANCE (CFDA NUMBER):
Housing Opportunities for Persons with HIV/AIDS Program - 14.241
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 08/18/2015 APPROVED AS
RECOMMENDED
OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Mary N. Piepho, District III
Supervisor
Karen Mitchoff, District IV
Supervisor
ABSENT:Federal D. Glover, District V
Supervisor
Contact: Kristin Sherk 925-674-7887
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors
on the date shown.
ATTESTED: August 18, 2015
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Chris Heck, Deputy
cc:
C. 48
To:Board of Supervisors
From:John Kopchik, Director, Conservation & Development Department
Date:August 18, 2015
Contra
Costa
County
Subject:Housing Opportunities for Persons with HIV/AIDS Funding Agreement between the City of Oakland and the County
of Contra Costa
BACKGROUND:
The National Affordable Housing Act (Public Law 101-625, approved November 28, 1990) authorizes the
Housing Opportunities for Persons with HIV/AIDS Program (HOPWA) to provide states and localities with
resources to devise long-term comprehensive strategies for meeting the housing needs of persons with HIV/AIDS
and related diseases.
The City of Oakland (City) is the HOPWA grant recipient for Alameda and Contra Costa counties. The City
allocates HOPWA funds between the counties based on the number of HIV/AIDS cases. Approval of a funding
agreement with the City will provide $511,585 in fiscal year 2015 funds to the County. These funds may be used
for site acquisition, rehabilitation and new construction of affordable housing; supportive services; housing
information services; rent and utility subsidies; and certain other housing related activities for low-income persons
with HIV/AIDS in both incorporated and unincorporated areas of the County.
The Contra Costa Consortium (County staff and staff from the cities of Antioch, Concord, Pittsburg, Richmond,
and Walnut Creek) makes funding recommendations to the Board of Supervisors. County Conservation and
Development (DCD) and Health Services (HSD) departments staff coordinate periodically to identify and address
the housing and housing-related services needs of low-income persons with HIV/AIDS in Contra Costa County.
Funding allocations are based on factors such as client needs and timely expenditure of HOPWA funds.
HSD HIV/AIDS program activities include housing advocacy and assistance services, including client intake,
housing needs assessment, assistance with locating affordable housing, assistance with housing-related benefit
applications, development and implementation of client housing plans, emergency assistance funds, follow-up to
ensure receipt of benefits and housing, and referral to other services. New for fiscal year 2015/16, HSD plans to
pilot a Short Term Rental Mortgage and Utility Assistance Program (STRMU) as part of a homeless prevention
strategy, intended to reduce the risks of homelessness and to improve access to health care and other needed
support. STRMU will involve efforts to restore client self-sufficiency and future independence from housing
support by the end of the program's term. This will be accomplished through the use of time-limited housing
assistance payments for eligible individuals and by the creation of individual housing service plans that include an
assessment of current resources and the establishment of long-term goals for recipient households.
CONSEQUENCE OF NEGATIVE ACTION:
If the Board does not approve the fiscal year 2015 HOPWA funding agreement with the City of Oakland, the
County would not receive and administer $511,585 in HOPWA funds, and low-income persons with HIV/AIDS in
the County would lose vital housing and supportive services.
CHILDREN'S IMPACT STATEMENT:
N/A.
ATTACHMENTS
HOPWA Funding Agreement
1
FUNDING AGREEMENT BETWEEN
THE CITY OF OAKLAND AND CONTRA COSTA COUNTY
FOR THE 2015 HOPWA PROGRAM
This funding agreement (“Agreement”) is dated July 1, 2015, and is between the City of
Oakland, a municipal corporation (the “City”), and the County of Contra Costa, a political
subdivision of the State of California, (the "County" or “Project Sponsor”).
Grant Number CAH15F001
RECITALS
A. The City has received Housing Opportunities for Persons with AIDS Program funds
from the United States Department of Housing and Urban Development ("HUD")
pursuant to the HOPWA Program (the “HOPWA Funds”). The HOPWA Funds
must be used in accordance with 24 C.F.R. Section 574 et seq.
B. The County is a project sponsor under the HOPWA Program. The City and the
County desire that the County receive and administer $511,585 of the HOPWA
Funds on the City’s behalf (the “HOPWA Allocation”).
C. The Oakland City Council passed Resolution Number XXXXXX C.M.S. and
Resolution Number 85582 C.M.S. authorizing this agreement with Contra Costa
County for the HOPWA Program.
D. Using the selection process set forth in Schedule A, the County will contract with
one or more nonprofit housing developers (each a “Developer”) and service
providers (each a "Subrecipient") to carry out projects that result in housing
development, supportive services, and/or homeless prevention activities for persons
with HIV/AIDS. The County will also monitor the Subrecipients’ and Developers’
performance under the contract(s).
The parties therefore agree as follows:
AGREEMENT
1. PERFORMANCE PERIOD
The term of this Agreement begins July 1, 2015 and ends June 30, 2018.
2. FUNDING AMOUNT
The HOPWA Allocation shall not exceed $511,585. The County may use up to seven
percent (7%) of the funds allocated to a particular project (“Project Activity Funds”) for
project sponsor administrative expenses.
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3. PROJECT SELECTION; BUDGET; DEVELOPERS/SUBRECIPIENTS
The County shall select projects to be undertaken (“Activities”) pursuant to this
Agreement in accordance with the priority-setting and selection process set forth in
Schedule A. A list of Developers, Subrecipients and Activities approved by both the City
and the County will be attached to this Agreement as Schedule C once the list is approved
by both the City and the County, which Schedule C shall immediately form part of this
Agreement. The County shall use the HOPWA Allocation in accordance with the budget
set forth in Schedule B. The HOPWA Allocation may only be used for activities (i)
identified in Schedule B that are carried out by the corresponding Developers or
Subrecipients identified on Schedule C or (ii) consistent with the activities described in
Section 7 – Use of Funds, below
4. CONTRACTING
The County shall administer the HOPWA Allocation to provide housing development,
support services, and/or homeless prevention activities for persons with HIV/AIDS. For
this purpose, the County shall contract with approved Subrecipients and/or Developers to
carry out Activities that are (i) identified on Schedule B, or (ii) consistent with the
eligible activities described in Section 7 – Use of Funds, below. Prior to the execution of
any proposed contract in connection with this Agreement, the County shall submit a staff
report allocating funds and describing the proposed Activities to be funded. The City
reserves the right to review and approve the contract, and will provide any comments
within 15 days of receipt. Following the execution of any contract by the County in
connection with this Agreement, the City reserves the right to monitor the performance of
the Subrecipient and/or Developer under the contract. The City shall ensure that the
County appropriately administers and monitors said contracts.
5. FUNDING DISTRIBUTION
The County shall distribute the HOPWA Allocation to Subrecipients and Developers in
the County of Contra Costa.
6. PROGRAM REQUIREMENTS
The County is responsible for ensuring that Subrecipients and Developers comply with
all HOPWA Program requirements, as set forth in 24 CFR Part 574, the AIDS Housing
Opportunity Act, as amended by the Housing and Community Development Act of 1992,
and any other program requirements imposed by HUD. The relevant requirements are
hereby incorporated into this Agreement by reference. The City shall ensure that the
County and Subrecipients and Developers comply with the HOPWA Program
requirements.
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7. USE OF FUNDS
Subject to applicable requirements described in HOPWA regulation Title 24 C.F.R.
sections 574.310, 574.320, 574.330, and 574.340, the HOPWA Allocation is meant to
assist all forms of housing designed to assist Low Income Persons with HIV/AIDS,
including preventing homelessness, providing emergency housing, shared housing
arrangements, apartments, single room occupancy (SRO) dwellings, and community
residences. Appropriate supportive services, as required by sections 574.310(a), must be
provided as part of any HOPWA-assisted housing, but the County may use the HOPWA
Allocation to provide services independent of any housing activity. The County shall
ensure that the HOPWA Allocation is used only for HOPWA-eligible activities as
described below and are approved by the City and are identified in Schedule B:
a. Housing information services including, but not limited to, providing counseling,
information and referral to assist an eligible person to locate, acquire, finance and
maintain housing. This may include Fair Housing counseling for eligible persons
who may encounter discrimination on the basis of race, color, religion, sex, age,
national origin, familial status, or handicap;
b. Resource identification to establish, coordinate and develop housing assistance
resources (preliminary research, determining feasibility of specific housing
related initiatives).
c. Acquisition, rehabilitation, conversion, lease, and repair of facilities to provide
housing and services.
d. New construction (SROs and community residences only).
e. Project or tenant-based rental assistance, including assistance with shared housing
arrangements.
f. Short-term rent, mortgage, and utility payments to prevent homelessness.
g. Supportive services including, but not limited to health, mental health assessment,
permanent housing placement, drug and alcohol abuse treatment and counseling,
day care, personal assistance, nutritional services, intensive care when required,
and assistance in gaining access to local State and Federal government benefits
and services, except that health services may only be provided to individuals with
acquired immunodeficiency syndrome or related diseases and not to family
members of these individuals;
h. Operating costs for housing, including maintenance, security, operation,
insurance, utilities, furnishings, equipment and other incidental costs.
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i. Technical assistance in establishing and operating a community residence,
including planning and other predevelopment or pre-construction expenses and
outreach and education regarding HIV\AIDS to persons residing in close
proximity.
8. MONITORING AND REPORTING
The County shall conduct an ongoing assessment of the housing assistance and
supportive services provided by the Subrecipients and Developers with the HOPWA
Allocation. The County shall conduct the reasonable and necessary recordkeeping and
reporting activities described below, which have been established by the City for the
purpose of carrying out the City’s HOPWA program in an effective and efficient manner.
Where appropriate, reports and records shall include client race and ethnic data.
a. The County shall provide quarterly reports to the City. Quarterly reports shall
include all required data and narrative updates of HOPWA activities listed in
Schedule B to report to HUD regarding HOPWA activities through the Integrated
Disbursement and Information System (IDIS) and the Consolidated Annual
Performance & Evaluation Report (CAPER). Quarterly reports are due thirty days
following the end of each of the first three quarters of the fiscal year, on October
30, January 30, and April 30.
b. The County shall submit annual reports to the City not later than July 31 of each
year. Annual reports are to be submitted using HUD’s HOPWA Consolidated
Annual Progress & Evaluation Report-CAPER – form HUD-40110-D, form
HUD-60002, Section 3 Summary Report, Economic Opportunities for Low- and
Very Low-Income Person and the HOPWA Beneficiary Verification form.
Reporting requirements and the CAPER & Beneficiary Verification forms can be
accessed at the following sites:
https://www.onecpd.info/resource/1011/hopwa-caper-form-hud-40110-d/ and
http://www.hudhre.info/documents/HOPWACAPERBeneficiaryVerification.doc
c. The County shall conduct ongoing assessment of service provided by Subrecipients
and Developers. County may monitor those Subrecipients and Developers who
continue to provide the same or similar services each year and have not had any audit
findings in the preceding year every other year, but at least every third year. By May
30th of each year, County shall develop a preliminary monitoring schedule for the
next fiscal year. The County shall use a risk assessment tool to determine which
Subrecipients and Developers will be monitored. Existing Subrecipients and
Developers that have the highest number of risk factors, as determined by the County,
along with new Subrecipients and Developers that have never been monitored by the
County, will be given the highest priority for monitoring. Subrecipients and
Developers with multiple findings during initial monitoring should be monitored by
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the County annually throughout the term of the contract. The City will partner with
the County for monitoring of Subrecipients and Developers.
9. ADMINISTRATIVE EXPENSES
The amounts designated as administrative funds in the Budget are to be used as
administrative expenditures related to carrying out the HOPWA program activities,
housing, and services described in this Agreement in compliance with 24 C.F.R.
§ 574.500 and 2 CFR§ 225 .
10. METHOD OF PAYMENT
The County may submit requests for payment to the Community Housing Services
Division of the City of Oakland’s Human Services Department no more than once per
month and not less than once per quarter. When submitting a request for payment, the
County shall use the Request for Payment form. Each Request for Payment form will
include a summary of the funds expended, by budget category and Subrecipients and
Developers, for the months for which funds are requested.
The County shall retain, for review by the City, documentation to support the funding
requested. In order to receive payment, each request must be substantiated by
documentation reasonably sufficient to support the payment requested by the County
including documentation of rate and hours for staff and consultant and invoices for non-
personnel costs. The County shall grant access to representatives of the City to any
supporting documentation within seven days after receipt of a written request by the City.
Funds disbursed to the County may not exceed the amount set forth in the Budget
attached as Schedule B. The City’s Community Housing Services staff shall verify and
approve requisitions and required supporting data for accuracy and programmatic
compliance prior to submitting them to the City’s Grants and Projects Division for
payment. Relevant reports and documents are to be submitted as required within the
context of this Agreement. The County's failure to comply with these requirements will
cause a delay in payment and could result in termination of the Agreement. The City
shall process and forward all eligible payment requests to the City’s Grants and Projects
Division within ten working days of their receipt by the City’s Community Housing
Services staff. The City shall be responsible for the IDIS system, setting up all projects
and activities, and tracking budgets in the HUD system. The City shall draw funds as
required for timely reimbursement. The County shall endeavor to assist the City in IDIS
management as needed.
All authorized financial obligations incurred in the performance of this Agreement must
be reported to the City within sixty (60) days of the expiration of the Performance Period
under the Agreement, as such period may be adjusted from time to time. No claims
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submitted after the sixty day period shall be recognized as binding upon the City for
reimbursement. Any financial obligation and/or debts incurred by the County and not
reported to the City within the sixty day period may become the sole liability of the
County, and the City may be relieved of any and all responsibilities unless there is a
justifiable cause and valid reason of delayed submission.
11. AUDIT REPORT
In addition to the reporting requirements listed in Section 8 – Monitoring and Reporting,
the County shall commission an independent auditing firm to prepare and file with the
City an annual audit report for each year during the term of this Agreement. The
County’s failure to submit the audit report may result in the termination of this
Agreement.
The audit report shall be submitted to the City by March 30th of each year during the term
of this Agreement. The audit report shall be made in accordance with the provisions of
the Federal Office of Management and Budget Circular A-128. The City will use the
audit report to determine whether:
1. The financial statements of the County present fairly its financial position and the
results of its operations in accordance with generally accepted accounting principles.
2. The County has (i) an internal control structure to provide reasonable assurance that
the County is managing Federal awards in compliance with applicable laws and
regulations, and (ii) controls that ensure compliance with laws and regulations that
could have a material impact on the County’s financial statements.
3. The County has complied with laws and regulations for the HOPWA Program that
may have a direct and material effect on the County’s financial statements.
The County shall also submit any internal control monitoring (or audit) conducted
during the term of this Agreement to the City. The County shall require Subrecipients and
Developers with which the County contracts in connection with this Agreement to meet
the same audit requirements set forth in this Section 11.
12. INDEMNITY
The County shall indemnify and hold the City, its Councilmembers, officials, directors,
employees, and agents harmless from any losses, damages, liabilities, claims, demands,
judgments, actions, court costs, and legal or other expenses (including attorneys' fees)
that the City many incur as a result of (i) the improper use of HOPWA Allocation by the
County, (ii) the County's failure to perform its obligation to monitor the use of HOPWA
Allocation under this Agreement, or (iii) any demand by HUD to the City for
reimbursement of any HOPWA Allocation to the extent such demand is based on the
negligent acts or omissions or willful misconduct of the County. The duty of the County
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to indemnify includes the duty to defend the City in any court action, administrative
action, or other proceeding brought by any third party, including HUD, to the extent such
action or proceeding arises as a result of the County’s negligence or willful misconduct in
the performance of its obligations under this Agreement. The County's duty to indemnify
shall survive the term of this Agreement.
The County shall require each Subrecipients and Developers to indemnify and defend the
City to the same extent and in the same manner as described in the first paragraph of this
Section 12 from the consequences of the Subrecipients and Developers act or omission
involving negligence or willful misconduct in the performance of its obligations under
contracts entered into in connection with this Agreement.
The City shall indemnify and defend the County to the same extent and in the same
manner as described in the first paragraph of this Section 12 from the consequences of
the City’s act or omission involving negligence or willful misconduct in the performance
of its obligations under this Agreement.
The party with the obligation to indemnify pursuant to this Section 12 shall pay the
indemnified parties as soon as practicable following the determination of the amount due.
13. PROMPT PAYMENT
This Agreement is subject to the Prompt Payment Ordinance codified in Chapter 2.06 of
the Oakland Municipal Code. Under said Ordinance, the City must disburse grant funds
to a Project Sponsor within 20 business days after receipt of an undisputed request for
payment. An undisputed request for payment is a request for payment that is not a
“disputed invoice” within the meaning of the Prompt Payment Ordinance. Under the
ordinance, a “disputed invoice” is an invoice or request for payment that is either (1)
improperly executed by Project Sponsor, (2) contains errors, (3) requires additional
evidence to determine its validity, and/or (4) contains expenditures or proposed
expenditures that are ineligible or that do not otherwise comply with reimbursement or
disbursal requirements of the City or another grant funding source. If a request for
payment is “disputed,” the payment/disbursal shall not be subject to late penalties until
the dispute is resolved. In the event a request for payment is disputed, the City shall
notify the Project Sponsor and the City’s Liaison (as defined in the Prompt Payment
Ordinance) in writing within five business days of receiving the disputed request for
payment that there is a bona fide dispute, in which case the City shall withhold the
disputed amount and may withhold the full amount if the funding source for the grant
requires that the disputed expenditures be fully resolved prior to any disbursement of
grant funds. If the funding source for the grant requires its review and approval before
payments are made to a Project Sponsor, this period shall be suspended for any period of
review by said agency. If any amount due by the City to be disbursed to a Project
Sponsor pursuant to this Agreement is not timely paid in accordance with the Prompt
Payment Ordinance, the Project Sponsor is entitled to interest penalty in the amount of
10% of the improperly withheld amount per year for every month that paym ent is not
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made, provided that the Project Sponsor agrees to release the City from any and all
further claims for interest penalties that may be claimed or collected on the amount due
and paid. Grant recipients that receive interest penalties for late paym ent pursuant to the
Prompt Payment Ordinance may not seek further interest penalties on the same late
payment in law or equity.
The Prompt Payment Ordinance further requires that, unless specific exemptions apply, a
Project Sponsor shall pay undisputed invoices of its subcontractors for goods and/or
services within 20 business days of submission of invoices unless the Project Sponsor
notifies the City’s Liaison in writing within five business days that there is a bona fide
dispute between the Project Sponsor and claimant, in which case the Project Sponsor may
withhold the disputed amount but shall pay the undisputed amount. Disputed payments
are subject to investigation by the City’s Liaison and, and upon the filing of a complaint,
the Project Sponsor, if opposing payment, shall provide security in the form of cash,
certified check or bond to cover the disputed amount and penalty during the investigation.
If the Project Sponsor fails or refuses to deposit security, the City will withhold an
amount sufficient to cover the claim from the next grant payment. The City, upon a
determination that an undisputed invoice or payment is late, will release security deposits
or withholds directly to claimants for valid claims. A Project Sponsor is not allowed to
retain monies from subcontractor payments for goods as project retention, and is required
to release subcontractor project retention in proportion to the subcontractor services
rendered, for which payment is due and undisputed, within five business days of
payment. For the purpose of posting on the City's website, the Project Sponsor is required
to file notice with the City of release of retention and payment of mobilization fees,
within five business days of such payment or release. In addition, the Project Sponsor is
required to file an affidavit, under penalty of perjury, that he or she has paid all
subcontractors, within five business days following receipt of payment from the City. The
affidavit shall provide the names and addresses of all subcontractors and the amount paid
to each.
14. INVESTIGATION AND/OR DISCIPLINE DISCLOSURE
Project Sponsor and any and all Subrecipients and Developers shall submit information
concerning any investigations and/or discipline imposed by any state or federal
authorities by completing Schedule V – Affidavit of Non-Disciplinary or Investigatory
Action and Schedule Z – Certification of Debarment and Suspension.
15. INSURANCE
Unless a written waiver or self-certification is obtained from the City’s Risk Manager,
County must provide the insurance listed in the City of Oakland Insurance
Requirements attached hereto as Schedule Q and incorporated herein by reference.
.
16. TERMINATION OR MODIFICATION FOR LACK OF APPROPRIATION
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The City’s obligations under this Agreement are contingent upon the availability of funds
from the funding source for this Agreement. The City may terminate this Agreement on
30 days’ written notice to County without further obligation if said funding is withdrawn
or otherwise becomes unavailable for continued funding of the Agreement. After
termination of this Agreement the City shall pay all amounts due to the County under this
Agreement within 30 days of receipt of invoice from County
17. NON-DISCRIMINATION AND EQUAL EMPLOYMENT PRACTICES
County shall not discriminate or permit discrimination against any person or group of
persons in any manner prohibited by federal, state or local laws. During the performance
of this Agreement, County agrees as follows:
a. County and Subrecipients and Developers, shall not discriminate against any
employee or applicant for employment because of age, marital status, religion,
gender, sexual preference, race, creed, color, national origin, Acquired-
Immune Deficiency Syndrome (AIDS), AIDS -Related Complex (ARC) or
disability. This nondiscrimination policy shall include, but not be limited to,
the following: employment, upgrading, failure to promote, demotion or
transfer, recruitment advertising, layoffs, termination, rates of pay or other
forms of compensation, and selection for training, including apprenticeship.
b. County and Subrecipients and Developers shall state in all solicitations or
advertisements for employees placed by or on behalf of County that all
qualified applicants will receive consideration for employment without regard
to age, marital status, religion, gender, sexual preference, race, creed, color,
national origin, Acquired-Immune Deficiency Syndrome (AIDS), AIDS-
Related Complex (ARC) or disability.
c. County shall make its goods, services, and facilities accessible to people with
disabilities and shall verify compliance with the Americans with Disabilities
Act by executing Schedule C-1, Declaration of Compliance with the
Americans with Disabilities Act, attached hereto and incorporated herein.
d. If applicable, County will send to each labor union or representative of
workers with whom County has a collective bargaining agreement or contract
or understanding, a notice advising the labor union or workers’ representative
of County’s commitments under this nondiscrimination clause and shall post
copies of the notice in conspicuous places available to employees and
applicants for employment.
18. EQUAL BENEFITS ORDINANCE
This Agreement is subject to the Equal Benefits Ordinance codified in Chapter 2.32 of
the Oakland Municipal Code and its implementing regulations. The purpose of this
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ordinance is to protect and further the public, health, safety, convenience, comfort,
property and general welfare by requiring that public funds be expended in a manner so
as to prohibit discrimination in the provision of employee benefits by City Project
Sponsors between employees with spouses and employees with domestic partners, and/or
between domestic partners and spouses of such employees. (Ord. 12394 (part), 2001)
The ordinance shall only apply to those portions of a Project Sponsor’s operations that
occur (1) within the City of Oakland; (2) on real property outside the City of Oakland if
the property is owned by the City or if the City has a right to occupy the property, and if
the contract’s presence at that location is connected to a contract with the City; and (3)
elsewhere in the United States where work related to a City contract is being performed.
The requirements of this chapter shall not apply to subcontracts or Subrecipients and
Developers of any contract with Project Sponsor.
The Equal Benefits Ordinance requires among other things, submission of the Equal
Benefits-Declaration of Nondiscrimination attached and incorporated herein as Schedule
N-1.
19. LIVING WAGE ORDINANCE
Project Sponsor will be considered a City Financial Assistance Recipient (“CFAR”) and
must comply with the Oakland Living Wage Ordinance if it receives $100,000 or more in
financial assistance from the City during a 12-month period. The Living Wage Ordinance
requires that nothing less than a prescribed minimum level of compensation (a living
wage) be paid to employees of CFARs (Ord. 12050 § 1, 1998). The Ordinance also
requires submission of the Declaration of Compliance attached and incorporated herein
as Schedule N and made part of this Agreement, and, unless specific exemptions apply or
a waiver is granted, the consultant must provide the following to its employees who
perform services under or related to this Agreement:
a. Minimum compensation – Said employees shall be paid an initial hourly wage rate of
$12.53 with health benefits or $14.40 without health benefits. These initial rates shall
be upwardly adjusted each year no later than April 1 in proportion to the increase at
the immediately preceding December 31 over the year earlier level of the Bay Regio n
Consumer Price Index as published by the Bureau of Labor Statistics, U.S.
Department of Labor. Effective July 1st of each year, Project Sponsor shall pay
adjusted wage rates.
b. Health benefits – Said full-time and part-time employees paid at the lower living
wage rate shall be provided health benefits of at least $1.87 per hour. Project Sponsor
shall provide proof that health benefits are in effect for those employees no later than
30 days after execution of the contract or receipt of City financial assistance.
c. Compensated days off – Said employees shall be entitled to twelve compensated days
off per year for sick leave, vacation or personal necessity at the employee's request,
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and ten uncompensated days off per year for sick leave. Employees shall accrue one
compensated day off per month of full time employment. Part-time employees shall
accrue compensated days off in increments proportional to that accrued by full-time
employees. The employees shall be eligible to use accrued days off after the first six
months of employment or consistent with company policy, whichever is sooner. Paid
holidays, consistent with established employer policy, may be counted toward
provision of the required 12 compensated days off. Ten uncompensated days off
shall be made available, as needed, for personal or immediate family illness after the
employee has exhausted his or her accrued compensated days off for that year.
d. Federal Earned Income Credit (EIC) – Project Sponsor shall inform employees that
he/she may be eligible for earned income credits and shall provide forms to apply for
advance EIC payments to eligible employees.
e. Project Sponsor shall provide to all employees and to the Office of Contract
Compliance, written notice of its obligation to eligible employees under the City’s
Living Wage requirements. Said notice shall be posted prominently in communal
areas of the work site(s) and shall include the above-referenced information.
f. Project Sponsor shall provide all written notices and forms required above in English,
Spanish or other languages spoken by a significant number of employees within 30
days of employment under this Agreement.
g. Reporting – Project Sponsor shall maintain a listing of the name, address, hire date,
occupation classification, rate of pay and benefits for each of its employees. Project
Sponsor shall provide a copy of said list to the Office of Contract Compliance, on a
quarterly basis, by March 31, June 30, September 30 and December 31 for the
applicable compliance period. Failure to provide said list within five days of the due
date will result in liquidated damages of five hundred dollars ($500.00) for each day
that the list remains outstanding. Project Sponsor shall maintain employee payroll
and related records for a period of four (4) years after expiration of the compliance
period.
h. Project Sponsor shall require Subrecipients and Developers that provide services
under or related to this Agreement to comply with the above Living Wage
provisions. Project Sponsor shall include the above-referenced sections in its
subcontracts. Copies of said subcontracts shall be submitted to the Office of the City
Administrator, Contract Compliance & Employment Services Division.
20. LITIGATION AND PENDING DISPUTE DISCLOSURE
Project Sponsor shall promptly give notice in writing to the City of any litigation pending
or threatened against Project Sponsor in which the amount claimed is in excess of
$50,000. Project Sponsor shall disclose, and represents that it has disclosed, any and all
pending disputes with the City prior to execution of this Agreement on Schedule K,
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incorporated herein by reference. Failure to disclose pending disputes prior to execution
of this Agreement shall be a basis for termination of this Agreement.
21. NOTICE
If either party desires or is required to give notice to the other, such notice shall be given
in writing by prepaid U.S. certified or registered postage, addressed to recipient as
follows:
City of Oakland
Human Services Department
150 Frank H. Ogawa Plaza, Suite 4340
Oakland, CA 94612
Attn: Susan R. Shelton
County Project Sponsor
Contra Costa County
Department of Conservation and Development
30 Muir Road
Martinez, CA 94553
Attn: Kara Douglas
Any party to this Agreement may change the name or address of representatives for
purpose of paragraph by providing written notice to all other parties ten (10) business
days before the change is effective.
22. AMENDMENT
This Agreement may only be amended through a written amendment executed by both
the City and the County.
23. APPROVAL
If the terms of this Agreement are acceptable to County and City, sign and date below.
[SIGNATURES ON FOLLOWING PAGE]
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The City and the County are signing this Agreement as of the date set forth in the
introductory paragraph.
CITY OF OAKLAND
A Municipal Corporation
By:
City Administrator Date
ADMINISTERING AGENCY APPROVAL FOR FOWARDING
Human Services Department
By:
Director, Human Services Department Date
APPROVED AS TO FORM AND LEGALITY
By:
City Attorney’s Office Date
COUNTY OF CONTRA COSTA
A Political Subdivision of the State of California
By:
John Kopchik, Department of Conservation and
Development Director
Date
APPROVED AS TO FORM
Sharon Anderson, County Counsel
By:
Deputy County Counsel Date
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SCHEDULE A
PRIORITY SETTING AND SELECTION PROCESS
The County, in consultation with the City as laid out below, shall allocate and award the
HOPWA allocation received under this contract to eligible entities (“Subrecipients” and
“Developers”) to carry out HOPWA-eligible activities within the County’s jurisdiction, and shall
monitor and report on the results. This work shall be carried out consistent with the following
requirements:
1. Consolidated Planning Process
The City prepares a Consolidated Plan and an annual Action Plan as a requirement for
participation in certain federal housing programs funded through the U.S. Department of
Housing and Urban Development, including the HOPWA program. The County will
coordinate the development of such information as is required to substantially complete all
narratives, tables and other sections related to HOPWA funds and activities, unmet
HIV/AIDS housing and supportive service needs, and priorities and strategies within the
County, and provide this information to the City in a format to be determined by the City.
The City shall present the County with a schedule of needed information well in advance of
deadlines, and shall closely coordinate on compiling required information.
The City will include the County’s HOPWA priorities and contemplated allocation of
resources among eligible funding categories in the Consolidated Plan and/or Annual Plan.
2. Establishment of Priorities
In consultation with the City and other stakeholders in the community, the County will
recommend priorities for the HOPWA funds, categories for funding, and a method and
schedule for awarding funds within the County.
In preparing these recommendations the County will use, but is not limited to, information
from the following sources and planning documents:
The most recent HOPWA or HIV/AIDS housing needs assessment;
The most recent Oakland TGA HIV/AIDS Health Services Comprehensive Plan (the
“Comprehensive Plan”), required for participation in programs funded through the
U.S. Department of Health and Human Services’ Ryan White Program.
The Continuum of Care Plan, 10-year Plan or other plans adopted by the Board of
Supervisors to address homelessness and housing crises in the County, and any
updates or addenda to this Plan.
Other relevant documents or needs assessments related to housing needs,
homelessness, HIV/AIDS prevalence and related matters.
The County’s recommendations will take into consideration the priorities of the community
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as expressed in any comprehensive HIV/AIDS housing needs assessment, and shall endeavor
to incorporate recommendations from relevant homeless or housing plans, changes in the
HIV/AIDS epidemic that may change the demand for HIV/AIDS housing and related
services, and priorities established by complementary funding streams which HOPWA funds
may be used to leverage.
3. Consultation with Local HIV/AIDS Advisory Bodies:
The County shall, either in the creation of a comprehensive needs assessment as referenced
above, or through other means of consultation, consult with the following agencies: the
County department with responsibility for HIV/AIDS care, the HIV/AIDS Planning Council,
which sets priorities for Ryan White funding; with the cities and/or entitlement jurisdictions
that participate in county-level housing planning; public and private organizations involved
in the provision of housing and services to persons living with HIV/AIDS; and other local
interest groups.
4. Public Meetings
The County will strive to encourage persons with HIV/AIDS, their families and advocates to
express their views and ideas of what they perceive as community development and housing
needs in the County through the above mentioned priority-setting processes.
The County will include a discussion of HOPWA in its meetings for its Annual Action Plan.
Meeting participants will be provided with information about the HOPWA program, amount
of HOPWA funds available, eligible activities, and the application process.
In addition, the County shall cause an annual meeting to be held for coordination of
HIV/AIDS programs. The widely publicized public meeting will be held to advise residents
and nonprofit organizations of program requirements and processes to be followed in
developing and approving applications for federal grant programs, including HOPWA.
Meeting participants will be provided with information about the HOPWA program, funds
available for both housing and community development activities and for planning and
administrative activities. Citizens, public agencies, and other interested parties will have
information available to them, including the specific amount of assistance the County expects
to receive and the range of eligible activities that may be undertaken. This information will
be published in the non-legal section of one or more newspapers of general circulation at
least thirty (30) days prior to the date applications for funding are due. The City may
conduct additional public meetings at various stages of the funding process. Meetings will be
scheduled at times and locations that permit broad participation by very low and low-income
persons. When needed or upon request, translators will be made available for non-English
speaking attendees and the hearing-impaired.
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5. Recommendations for Funding Categories and Allocations
Based on HOPWA priorities established through the consultative process described above,
the County will develop recommendations concerning the amount of HOPWA funds to be
allocated to each eligible funding category. The County will present these recommendations
to the City for its review and comment. City approval will depend on the County's proposal
being: (a) consistent with the City’s established community priorities, and (b) eligible for
receipt of HOPWA funds in accordance with HOPWA regulations and guidance.
6. Competitive Application Process
HOPWA funds will be allocated to eligible activities consistent with the established funding
priorities through one or more competitive application processes seeking program
Subrecipients and Developers to work directly with people living with HIV/AIDS. The City
may participate in this process as an observer and may provide technical assistance. The
County will host public meetings to discuss the use of HOPWA funds in the County’s
jurisdiction and to provide technical assistance to potential applicants in developing eligible
projects. Additional technical assistance will be available upon request.
The County is responsible for overall implementation of the competitive application. The
Notices of Funding Availability (NOFAs) will be sent to all interested parties. The County
will convene a review panel consisting of County staff and representatives from a selected
number of cities or other parties with knowledge of the community who do not have a
conflict of interest. The funding recommendations from the County will be based on the
following established criteria: consistency with established priorities; eligibility under federal
regulations; alleviation of identified needs; target population; project feasibility and cost-
effectiveness; experience; outreach and affirmative marketing program; and project
readiness.
7. Funds Awarded and Distributed
Following completion of the competitive application process described above, the County
shall submit to the City a description of the priority-setting, selection process and a list of
selected Subrecipients and Developers. Activities and expected timelines approved by both
the City and the County will be attached to this Agreement as Schedule A, and shall be
incorporated into the HOPWA funding agreement between the City and the County.
The City will review the proposed projects to confirm eligibility under federal regulations
and contracting requirements (24 CFR Part 574). If the proposed projects comply with
federal HOPWA regulations, the City will approve the projects and so inform the County. If
the City finds that the proposed projects are inconsistent with federal HOPWA regulations,
the City will so inform the County and provide a rationale for its finding(s). Unless rejected
by the City in writing within thirty (30) days after receipt of the staff report and budget
allocation report, the projects will be deemed accepted.
A-4
Following approval by the City, the County will submit the recommended projects and
program Subrecipients and Developers to the County Board of Supervisors for its review and
approval. Once approved by the County Board of Supervisors, the County will submit a final
Schedule C to the City.
Any HOPWA eligible Program Delivery costs associated with any of the Developer of
Subrecipient contracts are built into the budget line item for Developer or Subrecipient per 24
CFR 574.3.
8. Contract Renewals
In order to encourage continuity and cost-effectiveness in the provision of services, the
County shall consider two-year contracts for housing operations, housing counseling and
supportive service projects and/or programs. Projects and/or programs will be evaluated
after the first year of performance. Second-year implementation will be contingent upon
funds availability and a satisfactory performance evaluation. The County will provide the
City with information regarding the second-year funding recommendations.
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SCHEDULE B
2015 HOPWA PROGRAM BUDGET
A detailed budget will be developed by the County and submitted to the City for
approval. Once approved, it will be attached to this Agreement as Schedule B, and shall
be incorporated into the HOPWA funding agreement between the City and the County.
Project Activity Funds
Project Sponsor Admin Funds (7% max)
Total County 2015 HOPWA Allocation $ 511,585