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HomeMy WebLinkAboutMINUTES - 02021993 - 1.18 TO. BOARD OF SUPERVISORS �` FROM: Mark Finucane, Health Services Director f Contra By: Elizabeth A. Spooner, Contracts Administrator Costa- DATE: ostaDATE: January 21, 1993 County SUBJECT: Approval of Agreement #28-531 with County of Alameda SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION I. RECOMMENDED ACTION: Approve and authorize the Chair, Board of Supervisors, to execute on behalf of the County, Agreement #28-531 with Alameda County, effective July 1, 1992, through June 30, 1993, which will provide $279,718 in funds from the Ryan White Comprehensive AIDS Resources Emergency (CARE) Act - Title I Supplemental Grant 1992-93 , to enhance comprehensive services to Contra Costa County residents with HIV Disease and their families. II. FINANCIAL IMPACT: Approval of this agreement will result in $279,718 of Supplemental Grant funds from Alameda County, as the Grantee of federal funds under the Ryan White Comprehensive AIDS Resources Emergency (CARE) Act, Title I. No County match is required. III. REASONS FOR RECOMMENDATIONS/BACKGROUND: The Ryan White Comprehensive AIDS Resources Emergency (CARE) Act of 1990 was enacted into federal law for. the purpose of providing emergency assistance to localities that are disproportionately affected by the HIV epidemic and to provide financial assistance for the development, organization, coordination, and operation of more effective and cost efficient systems for the delivery of essential services to individuals and families with the HIV Disease. The U.S. Department of Health and Human Services has designated the County of Alameda as "Grantee" for the purpose of administering the Ryan White CARE Act, Title I funds to those public health agencies which have a cumulative total of 2, 000 (or more) people with HIV Disease. Approval of Agreement #28-531 will provide $279,718 of the total Ryan White CARE Act, Title I Supplemental Grant 1992-93 funds received by the County of Alameda, to Contra Costa County. The Board Chair should sign seven copies of the agreement, six of which should be returned to the Contracts and Grants Unit for submis- sion to the County of Alameda for their approval. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMME AT N OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) ACTION OF BOARD ON APPROVED AS RECOMMENDED 25 OTHER VOTE OF SUPERVISORS 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 SUPERVISORSON THE DATE SHOWN. Contact: Wendel Brunner, M.D. (313-6712) CC: Health Services (Contracts) ATTESTED :Z n1 _ Risk Management Phil Batchelor, Clerk of the Board of Auditor-Controller (Claims) $y�(YI�RlSIniStt3tpt Alameda County Health Care Services Agency /7 M382/7-83 BY G/ DEPUTY � V 28` i531 FISCAL. AGENT AGREEMENT This Agreement, made and entered into this day of 1992, by and between the County of Alameda and the County of Contra Costa. WHEREAS, the Ryan White Comprehensive AIDS Resources Emergency Act of 1990 (hereinafter referred to as the "Act") was enacted into federal law for the purpose of providing emergency assistance to localities that are disproportionately affected by the Human Immunodeficiency Virus epidemic and to provide financial assistance for the development, organization, coordination and operation of more effective and cost efficient systems for the delivery of essential services to individuals and families with HIV disease, and WHEREAS, the Secretary of the United States Department of Health and Human Services, acting through the Health Resources and Services Administration, has awarded $1,118,871 to the Oakland Eligible Metropolitan Area in accordance with the provisions of the HIV Emergency Relief Supplemental Grant Program of the Act, to be disbursed over the period of July 1, 1992 through June 30, 1993 to provide essential services, and; WHEREAS, the grant is directed to .the President of the Alameda County Board of Supervisors as the chief elected official of the urban county that administers the public health agency that provides outpatient and ambulatory services to the greatest number of people with AIDS, and; WHEREAS, the President of Alameda County Board of Supervisors shall establish through intergovernmental agreements with the chief elected officials of the qualifying political subdivisions an administrative mechanism to allocate funds and services; and WHEREAS, both the Health Resources and Services Administration and the Alameda/Contra Costa HIV Planning Council stipulate that 25 percent of the funds awarded to the Oakland Eligible Metropolitan Area be allocated to Contra Costa County and, further, that Contra Costa County has been allocated $279,718 from the total awarded to the Oakland Eligible Metropolitan Area, to be disbursed over the period of July 1, 1992 through June 30,1993. NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED AS FOLLOWS: 1. The County of Contra Costa shall: A. Provide for the delivery of essential services to individuals and families with HIV disease, as set forth in Exhibit A; and B. Provide to the County of Alameda quarterly invoices for services provided pursuant to this Agreement, which reflect the services provided during the preceding quarter, using the invoice format as set forth in Exhibit B. 2. The County of Alameda shall: A. Remit payment to Contra Costa County within ten (10) working days of receipt of each invoice. The total amount payable to Contra Costa County shall not exceed $279,718 for the period of July 1, 1992 through June 30, 1993. 3. Attached hereto and marked Exhibit A, and incorporated by reference herein, is the scope of work to be performed by the County of Contra Costa and the budget requesting AIDS funding pursuant to the Act. /4 4. The County of Alameda is not liable for an exchange of money or monetary consideration under this Agreement. S. Neither the County of Contra Costa, nor any of its employees shall by virtue of this Agreement be an employee of the County of Alameda for any purpose whatsoever, nor shall it or they be entitled to any.of the rights, privileges or benefits of Alameda County employees. The County of Contra Costa shall be deemed at all times an independent contractor and shall be wholly responsible for the manner in which it performs the services required of it by the terms of this Agreement. The County of Contra Costa assumes exclusively the responsibility for its actions and those of its employees as they relate to the services to be provided during the course and scope of their employment. 6. The County of Contra Costa shall provide workers' compensation at its own cost and expense and neither the County of Contra Costa nor ite carrier shall be entitled to recover any costs, settlements, or expenses of workers' compensation claims arising out of this contract. 7. The County of Contra Costa shall at all times during the term of this Agreement maintain in force those insurance policies and bonds as designated in the attached Exhibit C and will comply with all those requirements. 8. The County of Contra Costa agrees to defend at its sole expense, indemnify, and hold harmless the County of Alameda, its officers, employees and agents, from any liability in addition to any and all acts, claims, omissions, and losses by whomever asserted arising out of the acts or omissions of the County of Contra Costa in performance of the scope of work except those arising by reason of the sole negligence of the County of Alameda, its officers, employees or agents. The County of Alameda agrees to defend at its sole expense, indemnify, and hold harmless the County of Contra Costa, its officers, employees and agents, from any liability in addition to any and all acts, claims, omissions, and losses by whomever asserted arising out of the acts or omissions of the County of Alameda in performance of the scope of work except those arising by reason of the sole negligence of the County of Contra Costa, its officers, employees or agents. 9. The County of Contra Costa shall observe and comply with all applicable laws, ordinances, codes and regulations of governmental agencies, including federal, state, municipal, and local governing bodies. All services performed by the County of Contra Costa must be in accordance with these laws, ordinances, codes and regulations. Contractor shall indemnify and save the County of Alameda harmless from any and all liability, fines, penalties and consequences from any noncompliance or violations of such laws, ordinances, codes and regulations. 10. Until the expiration of five years after the furnishing of any services pursuant to this Agreement, the County of Contra Costa shall make available, upon written request, to the federal and/or state government or any of their duly authorized representatives, this Agreement, and such books, documents and records of the County of Contra Costa that are necessary to certify the nature and extent of the reasonable cost of services. This paragraph shall be of no force and effect when and if it is not required by law. ll. Nothing contained in this Agreement shall be construed to permit assignment or transfer by the County of Contra Costa of any rights under this Agreement and such assignment or transfer is expressly prohibited and void. 12. This Agreement may be altered, changed or amended only by mutual agreement of the parties, and any alterations, changes or amendments shall be in writing and signed .by the signatories of this Agreement or their successors in office. i COUNTY OF AIJUCDA COUNTY OF CONTRA COSTA BY BY fs�President, Board Board of Supervisors President, Board of Supervisors Z � 2- Date Date APPROVED AS TO FORM: KELVIN H. BOOTY, JR. , County Counsel BY BY Deputy County Counsel Date Title e RECENED HN//,ICS SZ'-ACES DMSION M2 Jul 15 P 3 28 EXHIBIT A CONTRA COSTA COUNTY Supplemental Grant Budget and Service Priorities Scope of Work/Activities July 1, 1992 - June 30, 1993 I. SUPPORT SERVICES • 1 FTE Volunteer Coordinator at AIDS Project Contra Costa is responsible for the development and implementation of a program to provide buddy compan- ion services for at least 120 clients in East Contra Costa County • .5 FTE Director of Client Services is responsible for organizing and expanding client enrollment and client activities at Diablo Valley AIDS Center • .5 FTE Program Coordinator is responsible for organizing and expanding volunteer involvement, client enrollment and activities at Tranquillium Center, a day care service center for people with HIV in West Contra Costa County • Nutritious food to HIV-infected clients who meet financial eligibility require- ments will be provided by Diablo Valley AIDS Center (1,000 bags of grocer- ies to clients at a rate of one bag per client per week) • Under the administration of the AIDS Project of Contra Costa, eligible AIDS service providers will distribute vouchers for housing, child care, utilities, transportation and food to clients who meet financial eligibility requirements • Contra Costa County Health Care for the homeless project will provide advocacy to people with HIV who are homeless or at risk for homelessness (1 FTE) • .5 FTE Housing Resource Coordinator will develop and coordinate housing options for HIV infected clients in Contra Costa County. The maximum amount payable in this category is $175,732. H. SUBSTANCE ABUSE SERVICES • 1 FTE HIV/Substance Abuse Counselor at Bay Area Addiction Research and Treatment will develop and implement HIV counseling and referral services for HIV infected methadone clients in East and West Contra Costa County 2 The maximum amount payable in this category is $35,000. M. HOME CARE SERVICES • Contra Costa County Health Services Department AIDS Program will provide attendant care services for people with HIV in Contra Costa County The maximum amount payable in this category is $55,000 IV. ADMINISTRATION No more than five percent of the Supplemental Grant allocation may be used for administrative support. Clerical and accounting services are funding to support the CARE Supplemen- tal Grant programs The maximum amount payable in this category is $13,986. TOTAL BUDGET: $279,718 Exhibit B ALAMEDA COUNTY HEALTH CARE SERVICES AGENCY HIV/AIDS SERVICES QUARTERLY INVOICE Period: through . Contractor: Contra Costa County Contract No. : Check Pay- able To Co.Co.Co. PH Accounting Date: Address Public Health Accounting 20 Allen Street Martinez, CA 94553 Attn: Maria Sanguindel Approved Budget Current Billed Unexpended Service . 7/1/92 - Period To Date Balance 6/30/92 Support Services $175, 732. Substance Abuse Services 35, 000 Home Care Services 55, 000 Administration $ 13,986 TOTAL $279, 718 Net Amount Payable By Alameda County $ I certify that the information contained herein is true and correct in all respects, and in accordance with the terms and conditions of this contract and the financial records of this organization. Signature & Title of Authorized Agent Date Approved for Payment: HASD Contracts Manager Date RW2 . Inv. 4/92 EXHIBIT C ALAMEDA COUNTY CERTIFICATE OF INSURANCE SERVICE CONTRACTS Contractor: Address: ALAMEDA COUNTY AGENCY / DEPARTMENT MAIL INSURANCE CERTIFICATES TO: Contract Term: / / to PART 1 GENERAL REQUIREMENTS: A. Forms: No other certificates/forms will be accepted. B. Additional Insured: Alameda County must be named as additional insured/obligees with respect to services being provided on Comprehensive General Liability and Comprehensive Automobile Liability policies, but the County is not liable to the insurance company for any premiums, costs or assessments in connection with the above Contractor's policy/bond, as a result of being an Additional Insured. C. Primary Insurance: The Contractor's policy/bond must be primary insurance to any other insurance available to the County with respect to any claim arising out of this contract. D. Cancellation Notice: Alameda County must be given 30 days written notice of cancellation, non-renewal or reduction in limits or coverage including the name of the Contractor, mailed to the above address. E. Required Coverages: Required Coverages and endorsements are marked with an "x" in a box ( X1. PART Il CERTIFICATES OF INSURANCE: ( X J A. WORKERS' CONDENSATION (STATUTORY C0I4PENSATION COVERAGE) LINITS: ( X ] 1. Employer's liability insurance with limit not less than $100,000 per occurrence. Policy Number Policy Period Nana of Insurance CompmW Signature of Individual Authorized by Insurance Company to Bind Company to Broker Mamie Coverage(s) checked above. Street 1 ' Certificate of Insurance Page 2 [ X ] B. COMPRE88NSIVE GENERAL LIABILITY LIMITS: [ X ] 1. $1,000,000 per occurrence combined single limit bodily injury and property damage. Deductible of $5,000 or less per occurrence. COVERAGES: [ X j 2. Required Coverages: a. Bodily Injury b. Property Damage c. Blanket Contractual 3. Other Coverages (Insurer to Check) : Personal Injury Products/Completed Operations Broad Form Property Damage Fire Damage Legal Liability Cross Liability/Severability of Interests Clause ENDORSEMENTS: [ X j 4. Special Provisions: a. Alameda County, its Board of Supervisors, officers, agents, and employees are Additional Insureds/Obligees with respect to services being provided. b. Policy is primary insurance to any other insurance available to the County with respect to any claim arising out of this contract. c. Thirty (30) days written notice will be mailed to Alameda County, at the address on page 1, of cancellation, non- renewal or reduction on limits or coverage of this policy. FORM: [ ] 5. If Claims Made Form, INSURER TO COMPLETE: a. Coverage for all prior acts? If no, advise retroactive date of coverage b. If policy cancelled by insurer, how long is the period of extended discovery? c. If contractee cancels policy, how long is optional coverage for extended discovery? d. Percent of annual premium cost to purchase extended discovery e. Coverage for the period of the contract will be maintained for a period of no less than five years after the expiration of the contract. If coverage for five years is not available, a shorter term may be negotiated: INSURER TO NAME TERN: BINDING: [ ] 6. Carrier Information & Signature Binding Coverages Above (INSURER TO COMPLETE) Poticy Number Poticy Period Name of Insurance Coopeny Signature of Individual Authorized by Broker Insurance Company to Bind Company to Coverage(s) checked above. Street city State Zip Date Certif3,cate ,of Insurance Page 3 ( X J C. COMPREHENSIVE AUTOMOBILE LIABILITY LIMITS: ( X j 1. $1,000,000 per occurrence combined single limit bodily injury and property damage. Deductible of $5,000 or less per occurrence. COVERAGES: ( X j 2. Required Coverages: a. Owned Automobiles, if any b. Non-owned Automobiles C. Hired Automobiles ( _ ] 3. Cross Liability/Severability of Interests Clause ENDORSEMENTS: [ X ] 4. Special Provisions: a. Alameda County, its Board of Supervisors, officers, agents, and employees are Additional Insureds/Obligees with respect to services being provided. b. Policy is primary insurance to any other insurance available to the County with respect to any claim arising out of this contract. c. Thirty (30) days written notice will be mailed to Alameda County, at the address on page 1, of cancellation, non- renewal or reduction on limits or coverage of this policy. BINDING: [ J 5. Carrier Information & Signature Binding Coverages Above (INSURER TO COMPLETE) Policy Number Policy Period Name of Insurance Company Signature of Individuat Authorized by Broker Name Insurance Company to Bind Company to Coverage(s) checked above. Street City State Zip Date [ X J D. FIDELITY BOND LIMITS: ( X ] 1. Minimum limits shall at least be equal to amount of contract. Insurer to name licit $ COVERAGES: ( X ] 2. Faithful Performance Coverage of all officials, agents, and employees with access to funds received by Contractor. Poticy Number Policy Period Mame of 1.mm ante Company Signature of Individuat Authorized by Broker Naime Insurance Company to Bind Company to Coverage(s) checked above. Street City State Zip Date Certificate of Insurance Page 4 ( ] E. PROFESSIONAL LIABILITY (REQUIRED FOR PROFESSIONAL EMPLOYEES LICENSED AS A CONDITION OF EMPLOYMENT) LIMITS: ( X ] 1. $1,000,000 per claim. Deductible of $5,000 or less per claim. COVERAGES: [ X ] 2. Insures against errors or omissions in rendering or failing to render professional services. FORK: [ ] 4. If Claims Made Form, INSURER TO COMPLETE: a. Coverage for all prior acts? If no, advise retroactive date-o- coverage b. If policy cancelled by insurer, how long is is period of extended discovery? c. If contractee cancels policy, how long is optional coverage for extended discovery? d. Percent of annual premium cost to purchase extended discovery e. Coverage for the period of the contract will be maintained for a period of no less than five years after the expiration of the contract. If coverage for five years is not available, a shorter term may be negotiated: INSURER TO NAME TERM: BINDING: [ ] 5. Carrier Information & Signature Binding Coverages Above (INSURER TO COMPLETE) Policy Miner Policy Period Mase of Insurance Company Signature of Individuat Authorized by Broker Name Insurance Company to Bind Company to coverage(s) checked above. Street city State Zip Date Certificate of Insurance Page 5 ( ] F. MONEY AND SECURITIES LIMITS: [ ] 1. .Limits shall at least be equal to maximum contract funds in contractors possession or control during any given month. COVERAGES: [ J 2. Insurance against the disappearance, destruction or wrongful abstraction of funds on and off premises of contractor. Policy Number Policy Period Naee of Insurance Company Signature of Individual Authorized by Broker Wame Irma ante Company to Bind Company to Coverage(s) checked above. Street City State zip Date [ J G. Other (Describe Below) Policy Number Policy Period Naee of Insurance Company Signature of Individual Authorized by Broker Nam Insurance Company to Bind Company to Coverage(s) checked above. Street city State zip Date Certificate of Insurance (To be completed by Contractor Representative) Page 6 ( J H. SELF-INSURANCE (Contractors self-insured for any risks shall attach to contract evidence satisfactory to County of Contractor's financial ability to respond to losses in amounts shown for each risk self-insured (such as a current financial statement}. NOTE: If excess insurance is needed to meet the limits required for insurances in Exhibit C, then the authorized representative of the excess insurance company(s) must sign the certificates in Exhibit C pertaining to the necessary coverages. [ J The Contractor is self-insured for the following coverages with respect to this contract: [ X ] Worker's Compensation to the limit of $ [ X J Comprehensive General Liability to the limit of $ ( X ] Bodily injury [ X ] Property damage ( X ] Blanket Contractual [ ] Personal injury [ J Products/completed operations [ ] Broad form property damage Fire damage legal liability [ X ] Comprehensive Auto Liability to the limit of $ [ X J Owned Automobiles, if any [ X J Non-owned automobiles [ X ] Hired automobiles [ ] Professional Liability to the limit of $ [ x ] Endorsement: Special Provisions: a. Alameda County, its Board of Supervisors, officers, agents, and employees are Additional Insureds/Obligees with respect to services being required. b. Policy is Primary insurance to any other insurance available to the County with respect to any claim arising out of this contract. c. Thirty (30) days written notice will be mailed to Alameda County, at the address on page 1, of cancellation, non-renewal or reduction on limits or coverage of this policy. Contractor Signature of authorized representative of Titte Date Contractor or Risk Manager County Administrator Contra Liability Claims (5101 646.1155 Risk Management Costa Safety (5 10) 646-,011 `7 Satery (5101 646•_203 County Administration Building Vocational Renabilitation (510) 646.2239 651 Pine Street.8th Floor County Workers'Compensation (510) 646-_926 Martinez.California 94553 Fax Number (510) 646-254" '7 :... June 10, 1992 Alameda County Health Care Services Agency HIV/AIDS Services Division 499 - 5th Street Oakland, CA 94607 To Whom it May Concern: Re: "Ryan White C.A.R.E. Act" Formula Grant from 4-1-92 to 3-31-93 The County of Contra Costa has been self-insured for all liability risks including medical malpractice and workers' compensation arising from its operations, owned property, . equipment and leased property and equipment since 1976 . The , County' s self-insurance program provides for the legal defense of officials and employees pursuant to Government Code Sec. 825 and payment of all sums which it is obligated to pay by reason of liability imposed by law and arising from their acts or failure to act, excepting exemplary or punitive damages. This protection covers services performed by officers or employees within the scope of their official duties in accordance with the conditions of their employment or services. With respect to workers' compensation benefits, the County provides workers' compensation benefits to all of its employees and volunteers as required by California State Compensation laws. The self-insurance program is prefunded to provide funds for payment of claims. Sincerely, SANDRA VAN SLYKE Sr. Insurance Analyst SV:py cc: Ginger Marieiro - Health Services . 7i 'DC, =..f! JOHHSCI I 1 H1010-!HS Tu 'M O ', j , le>!ue Dasa r-9 2 1.tG 1 G ;jam -_ 6-24-92 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICAT' Johnson dc Higgins 00E3 NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THI 345 California Street POLICIES BELOW. San Francisco, CA 94104 COMPANIES AFFORDING COVERAGE LEER Y A National Union Fire Insurance Company COMPANY INT,URED LETTER Contra Costa County COMPANY C ER 651 Pine Street __. _ ��.__ .._. .... ._..... ... Martinez CA 94.553 COMPANY D ? LETTER COMPANY E LETTER COVERAGESq.k �?:r,�C.:ak'' ;fir 'E,� 7N .i; I THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT.TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. _ - _..____........ _......_............._.. ..... .. I STA TYPE OP INSURANC19 POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS DATE(MM/00/YY) DATE(MM/DDIYY) GENERAL LIABILITY GENERAL AGOREOATE $ COMMERCIAL GENERAL LIABILITY. PRODUCTS-COMP/OP AGG. i i —_. . . CLAIMS MAOE OCCUR.: I PERSONAL 6 AOV.INJURY S OWNER'S d CONTRACTOR'S PACT. i EACM OCCURRENCE S _.. ._._ PIRE DAMAGE(Any one Ilre) S MED.EXPENSE(Any 0"NfWA) t AUTOMOBILE LIABILITY COMBINED SINGLE ANY AUTO f LIMIT s ALL OWNED AUTOS ; BODILY INJURY S 3CHb0U1.E0 AUTOS (Per person) MIRED AUTOS 9001LY INJURY S NON-OWNED AUTOS (Por 2"Ider,) GARAGE LIABILITY I PROPERTY DAMAGE $ i i BXCSSS LIABILITY EACH OCCURRENCE S VMegELLA PORM AGGREGATE 3 OTHER THAN UMBRELLA FORM wORK11IR'9 COM►ENSA710N STATUTORY LIMITS EACH ACCIDENT i AND ..._... ..P EA8E—...O. DISLICY UMrF i EMPLOYERS'LIABILITY _......._—... .. 018EASE—cACH EMpLOVEE S OT11BR Honesty Blanket Bond 7-1-91 ?-1-92 $5MM each loss Subject to $25,000 deductible. DESCRIPTION OF OPERATIONS/LOCATIONS/VEMICLBSMPECIAL ITEMS CERTIFICATE MOlflEAl SHOULD ANY OF THE ABOVE OESCRISED POLICIES 56 CANCHLL60 BEFORE THE Alameda County EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TC MAIL U—DAYS WRITTEN NOTICE TO TH: :ERTIFICATEI HOLDER NAMED TO THE i LEFT. BUT FAILURE; TO MAIL SUCH NOTICE SMALL IMPOSE NO OBLIGATION OF s LIABILITY OF ANY KIND UPON THE COMPANY. ITS AGENTS OR REPRESENTATIVES �. A AI ►RESENTAT4VE ACORD 25-5(7190) CACORD CORPORATION 19 ' `,! castificate of Zasurance (To by Page 6 J H. SELF-ZXZUX NCS (Contractors self-insured. for any risks shall attach to contract evidence satisfactory to County of Contractor's financial ability to respond to losses in amounts shown for each rLak self-insured {such as a current financial ataee:aent} . NOTE: Zf excess insurance is needed to meet the limits required for insurances in Exhibit C, then the authorised representative of the excess insurance ccmpany(s) :oust sign the certificates in Sxhibit C pertaining to the necessary coverages. The Contractor is sel`-insured for the following coverages with respect to , this contract: ( X J worker's Ccmpensation to the limit of ( X j Comprehensive General Liability to the limit of S 1, 000,000 ( X ] Bodily injury ( X J Property damage ( X j Blanket Contractual ( ) Personal injury ( j Products/completed operations ( J Broad form property damage ( J Fire damage legal liability ( X j .Comprehensive Auto Liability to the limit of S �, O 00,0 0 y ( S J Cwred.Automobiles, if any ( X j Non-owned automobiles ( X j Hired autcmcbilee ( J Professional Liability to the limit of S ►,, of 0 C�r>> ( x j Endorsement: special Provisions: a. Alameda County, its board of supervisors, officers, agents, and ernployoos azo Additional Znsuzede/Obligees with respect to services being- required. b. Policy is Primary insurance to any other insurance available to the county with respect to any claim arising out of this contract. c. Thirty (30) days written notice will be mailed to Alameda County, at the address on page 1, of cancellatica, non-renewal or reduction on limits or coverage of this policy. h Cu%tu_ CV contractor O-r, Annkw± ir- 10 1 SISMVA" of suthwi2.1 representative of rite Date Cmtraator or Risk risrupW f •44 ' e EXHIBIT D Special Terms and Conditions. 1 . The parties to this Agreement recognize that there are funding uncertainties at the Federal, State and Alameda County levels which may impact the County' s dollar allocations for contract services. Without prejudice to the other provisions of this contract, and with particular reference to Paragraph 1, it is mutually understood that the total dollar amount of this Agreement may be increased, may be reduced and/or adjusted during the term of this Agreement in response to Federal, State and Alameda County funding reductions. Should such a reduction or adjustment be required, it shall be effected by amendment to this Agreement, and County shall provide Contractor with written notice at least 30 days prior to the effective date of such reduction or adjustment. 2 . All conditions specified in Exhibits D-1, D-2 and D-3, if attached hereto, apply to this contract and by this reference become a part hereof. A:Ex.D 6/92 EXHIBIT- D-1 AUDIT OF CONTRACTORS Audit Requirements and Standards 1. Federal Funds If the Contractor is a State or local government OMB Circular A-128 "Audits of State and Local Governments" applies. If the Contractor is a non-profit organization OMB Circular A-133 "Audits of Institutions of Higher Education and Other Nonprofit Institutions" applies. The requirements are summarized as follows: a. Contractors receiving annually less than $25, 000 in federal funds are exempt from these audit requirements. b. Contractors receiving annually at least $25, 000 but less than $100, 000 in federal funds must have a Single Audit in accordance with Circular A-128 or A-133 or a financial-compliance audit of each federal program. C. Contractors receiving annually $100, 000 or more in federal funds must have a single audit in accordance with Circular A-128 or A-133 . If the Contractor is a non- profit organization with only one federal program, the audit can be made for that one program only. 2 . Non-federal Funds Contractors receiving annually an aggregate of non-federal funds from the County of: a. Less than $100, 000 are generally exempt from these audit requirements except when the contract specifies otherwise. b. $100, 000 or more must have a financial and compliance audit in accordance with the U.S. Comptroller General's Government Auditing Standards (1988 revision) covering all County programs. 3 . General Requirements for All Audits a. All audits must be conducted in . accordance with Government Auditing Standards (1988 revision) prescribed by the U.S: Comptroller General. b. Audits can be made annually or biennially (if done biennially, it must cover a two-year period) . A:D(.D-I.pg 1 6/92 Y• �r cwtinued: EXHIBIT D-1,pege 2 C. Audit reports must identify each County program covered by the audit, i:e. contract numbers, contract amounts and contract period must be shown. d. If a funding source has more stringent and specific audit requirements, those shall prevail over those described herein. Audit Reports Copies of the audit report including all attachments should be sent to the County Auditor and the County department administering the contract within the time frame specified by the department or six months after the end of the contract period. The department will notify the Contractor within 15 working days if the report is not acceptable and indicate the reason for rejection. Audit Resolution The Contractor must submit to its County liaison a plan of corrective action within 30 days of issuance of the report to address the findings contained therein. Questioned costs, disallowed costs and appeals shall be resolved according to the procedures established by the funding agencies and/or the County Contract Administration Manual. Subsequent Audit Work The County or other State or Federal agency may make additional audits or reviews to carry out its regulatory responsibilities; this additional work shall be built upon the audit work already performed in accordance with these requirements. Other Audit Provisions 1. Confidential Client Information: When handling confidential information on clients served by the Contractor, the auditors must agree not to publish, reproduce or otherwise divulge such information in any form unless specifically authorized by the Contractor and the County. 2 . Direct Contact With Clients: Direct contact by the auditors with the Contractor's clients shall be used only as a last resort to test for compliance and only when authorized by the Contractor. A:EX.D-1,pg 2 6/'92 cmtinued: EXHIBIT D-1, page 3 3. Audit Reference: Copies of Applicable audit guides and standards are available in the County Auditor's Office during normal business hours for consultation by the Contractor and the auditors. 4. Retention of Audit Working Papers and Reports: Audit working papers and reports shall be retained for at least three years from the date of the audit- reports and shall be made available upon request to the County and State and Federal agencies. 5. Audit Costs: The costs of audits made in accordance with these provisions are allowable charges against this contract unless specifically stated otherwise in this contract. A:Ex.D-1,pg 3 6/92 4 EXHIBIT D-2 SPECIAL CONDITIONS AUDIT OF CONTRACTORS 1. Record Keeping a. Fiscal Records - Accurate fiscal records shall be maintained as required by County (Reference: The Accounting Handbook for Community-Based Organizations issued,by the Alameda County Auditor-Controller's Office) for a period of five years .from the termination of this contract. Such fiscal records shall be open to inspection by County auditors or their designees at any time during normal business hours and shall conform to generally accepted accounting principles. Monthly invoices for services rendered in the preceding month shall be submitted to the Alameda County Health Care Services Agency on the forms, in the manner, and at the time and place specified by County. Such invoices shall include, but not be limited to, the dates and costs (on a cash basis) of services rendered, the number and types of services provided, and the number of patients served. b. Statistical Records - Statistical records shall be maintained and statistical reports provided as required by the Alameda County Health .Care Services Agency on the forms furnished by County. C. Client Records - Client records will be maintained in accordance with Section 641, Title 9, California Administrative Code, for a period as legally required by the State of California. 2. Confidentiality Records of the identity, diagnosis, prognosis, or treatment of any patient of client which are maintained in connection with the performance of this contract shall be confidential and be disclosed only as authorized by law to qualified personnel for the purpose of conducting scientific research, management audits, financial audits, or program evaluation. Such personnel shall not identify, directly or indirectly, any individual patient or client in any report of such research, audit, or evaluation, or otherwise disclose patient/client identities in any manner. A.EX.D-2,pg 1 6/92 cwtinued:D(HIBIT-D-2,pew 2 3 . Contract Amendments Contractor and the Director of Alameda County Health Care Services Agency may mutually agree to modify the scope of services or make budgetary adjustments to this agreement. No such modifications will be made without the prior written approval of the Director of the Alameda County Health Care Services Agency or. his designee. In no event will said budgetary adjustments increase the overall amount of this contract, as set forth on page one, paragraph two, without the prior written approval of the Alameda County Board of Supervisors. A:OI.D-2,pg 2 6/92 Exhibit D-3 Special Conditions HIV/AIDS SERVICES DIVISION FY 1992/93 A. All HIV/AIDS Services Contractors 1 . At least forty percent (40a ) of the contract deliverables shall be completed by the end of the second quarter of the contract period, unless the Program Manager has authorized an alternate timeline. Ryan White Title I contractors see special conditions "C-2" , below. 2 . Contractor shall complete and submit quarterly reports on or before fifteen ( 15) days after the end of the quarter. Progress Report due dates are as follows: Progress Report Period Due Date Summer 07/01/92 to 09/30/92 10/15/92 Fall 10/01/92 to 12/31/92 01/15/93 Winter 01/01/93 to 03/31/93 04/15/93 Spring/Final 04/01/93 to 06/30/93 07/15/93 The Final Report shall include all elements requested in the Progress Report format and a final project summary and a list of products (e.g. course outlines, teaching materials, audio-visual aids, brochures, pamphlets, slides, films, etc. ) developed in execution of this agreement. Reproducible copies of all such products shall also be delivered with the Final Report. Penalties for failure to submit progress and final reports by the dates noted above may result in withholding of payment or cancellation of the contract. 3 . Progress and final reports shall follow the format provided by the HIV/AIDS Services Division. All attendance, demographic, and statistical reporting forms will be standardized by the HIV/AIDS Services Division and shall be used in reporting information to the Program Manager. 4. Resumes and job descriptions for all personnel, including the Executive Director, must be provided to HIV/AIDS Services within thirty ( 30) days after the start of the contract. 5 . Attendance at contractors ' meetings is mandatory unless canceled by HIV/AIDS Services. HASD will notify contractors 1 of scheduled meetings at least thirty (30) days prior to the meeting. 7. Contractor shall direct quarterly and final reports, notification of staffing changes, and other programmatic inquiries to the Program Manager, HIV/AIDS Services Division, 499-5th Street, Oakland, CA 94607 . Invoices, budget revision, and inquiries regarding budget should be directed to the Contracts Manager at the same address. 8 . Contractors are required to acknowledge the support of the Federal Government, the State of California, or the County of Alameda, as appropriate, whenever publicizing, in any media, work pertaining to this contract. B. services Coordination Contractors (including programs funded by Ryan White CARE Act Titles I and II) are further responsible for the following: 1. Contractor shall utilize the "Disclosure of Client Information" form provided by HIV/AIDS Services. A separate disclosure form shall be completed and signed by a client for each disclosure. Authorization by telephone may be permitted pending HIV/AIDS Services ' approval of a written protocol governing telephone authorization for disclosure. .2. Contractor agrees to participate in the development and utilization of a Universal Intake Form for all service providers. C. Ryan White CARE Act Title I Contractors are further responsible for the following: 1. Contractor agrees to ensure staff participation in Staff Development workshops provided by Title I monies. All staff related to HIV work are expected to attend the full session or sessions provided. 2 . Stipulation A-1 (above) notwithstanding, contractor. shall agree to, and cooperate with, any strategy set forth by the Alameda Contra Costa HIV Planning Council regarding program and fiscal monitoring and reallocation of funds. 2 D. Ryan White CARE Act Title II Contractors are further responsible for the following: 1. Contractor agrees to ensure staff participation in Staff Development workshops provided by Title I monies, in the event that such workshops are available to contractor. All staff related to HIV work are expected to attend the full session or sessions provided. 2. Attendance and participation in the Ryan White CARE Act Title II Consortium meetings. E. Education and Prevention Contractors are further responsible for the following: 1. Contractor must obtainrp for approval for the location, costs, dates, agenda, instructors, instructional materials, and attendees at any training seminar, workshop, or conference reimbursable under this contract. 2 . All contractors must have an Advisory Committee established to review and comment on all curriculums and educational materials which will be used to execute the program objectives of this contract. Within thirty (30) days after the start of this contract, the Program Manager must receive the names and affiliations of Advisory Committee members and the schedule of meetings of the Advisory Committee. 3