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TO: BOARD OF SUPERVISORS
FROM: Mark Finucane, Health Services Director�� Contra
By: Elizabeth A. Spooner, Contracts Administrator Costa
DATE: March 25, 1993 County
SUBJECT:
Approval of Agreement .#28-533 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 #28-533 with Alameda County, effective
December 1, 1992 , through May 31, 1994, which will provide $112,000 in
federal funds from the Department of Housing and Urban Development,
for housing and/or support services for people with HIV Disease.
II. FINANCIAL IMPACT:
Approval of this agreement will result in $112 , 000 from Alameda
County, as the Grantee of federal funds for the Alameda/Contra Costa
Metropolitan Statistical Area. No County match is required.
III. REASONS FOR RECOMMENDATIONS/BACKGROUND:
The National Affordable Housing Act (Public Law 101-6251 approved
November 28, 1990) authorized the Housing Opportunities for Persons
with AIDS (HOPWA) Program to provide States and localities with
resources to devise long-term comprehensive strategies for meeting the
housing needs of persons with AIDS and related diseases.
Approval of Agreement #28-533 will provide $112 , 000 (25% of the total
funds received by the County of Alameda as grantee of this funding) ,
to Contra Costa County for a joint project of its Health Services and
Community Development Departments. The project will provide benefits
assurance counseling, case management services, housing advocacy,
medical social work services to HIV-infected patients at Merrithew
Memorial Hospital, and attendant care to people with ARC or AIDS to
enable them to stay in their homes as long as possible.
The Board Chair should sign five copies of the agreement, four of
which should be returned to the Contracts and Grants Unit for. submis-
sion to the County of Alameda.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMEND TION OF BOARD COMMI TEE
APPROVE OTHER
SIGNATURE(S)
ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
.- 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: Wendel Brunner, M.D. (313-6712)
CC: Health Services (Contracts) ATTESTED
Auditor-Controller (Claims) Phil datchelor,Clerk of the Board of
Alameda County $Nj1f:tY1SOfS811�GQUI1tyAdtru1115tfetOf
M3e2/7-e3 BY DEPUTY
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23 - 533
FISCAL AGENT AGREEMENT
BETWEEN THE COUNTY OF ALAMEDA
AND THE COUNTY OF CONTRA COSTA
FOR FUNDS UNDER
THE HOUSING OPPORTUNITIES-FOR PERSONS WITH AIDS PROGRAM
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This Agreement is made and entered into this ay,of 19P, by and between the County
of Alameda and the County of Contra Costa.
WHEREAS, the National Affordable Housing Act (Public Law 101-625, approved
November 28, 1990, hereinafter referred to as the "Act") authorized the Housing Opportunities
for Persons With AIDS program (hereinafer referred to as "HOPWA") to provide States and
localities with the resources acid incentives to devise long-term comprehensive strategies for
meeting the housing needs of persons with acquired immunodeficiency syndrome (AIDS) and
related diseases, and;
WHEREAS, the Act authorized entitlement grants under the HOPWA program for
Eligible Metropolitan Areas, and;
WHEREAS, Alameda and Contra Costa Counties comprise the Oakland Eligible
Metropolitan Area, and;
WHEREAS, the Community Development Block Grant communities in the Oakland
Eligible Metropolitan Area were required to designate a single unit of general local government
to administer the HOPWA program on behalf of the EMA, and Alameda County was so
designated, and;
WHEREAS, Alameda County submitted an application for entitlement HOPWA Rinds,
in collaboration with Contra Costa County, which was approved by HUD on October 26, 1992,
and;
WHEREAS, in Alameda County's HOPWA application stipulated that Contra Costa
County was to be allocated 25 percent of:the entitlement funds awarded to the Oakland Eligible
Metropolitan Area;
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
1. The County of Contra Costa shall provide for the delivery of services to individuals and
families with HIV disease, as set forth in Exhibit A, by this reference made a part hereof.
2. The County of Alameda, in its HOPWA allocation as approved by HUD, has allocated
the sum of$112,000 to be expended as described in this contract. Unless an amendment to this
contract otherwise provides, that amount shall in no event be exceeded and the County of
Almaeda shall under no circumstances be required to pay in excess of that amount. Payment
shall be made pursuant to the terms and conditions set forth in Exhibit B, attached hereto and
t
fully responsible to County of Alameda for the acts and omissions of any subcontractors, and
of persons either directly or indirectly employed by them, as County of Contra Costa is for the
acts and omissions of persons directly employed by it. County of Contra Costa shall not transfer
any interest in this contract (whether by assignment or. novation) without the prior written
approval of the County of Alameda. No party shall, on the basis of this contract, in any way
contract on behalf of, or in the name of, the other party to the contract, and any attempted
violation of the provisions of this sentence shall confer no rights, and shall be void.
10. Neither the County of Contra Costa nor any of its employees shall by virtue of this
contract be an employee of County of Almaeda for any purpose whatsoever, nor shall it or they
be entitled to any of the rights, privileges, or benefits of County of Alameda employees. 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
contract. County of Contra Costa assumes exclusively the responsibility for the acts of its
employees as they relate to the services to be provided during the course and scope of their
employment.
11. County of Contra Costa agrees to maintain the confidentiality of any information which
may be obtained with this work. County of Alameda shall respect the confidentiality of
information furnished by County of Contra Costa to County of Alameda.
12. If, through any cause, County of Contra Costa shall fail to fulfill in timely and proper
manner its obligations under this contract, or if County of Contra Costa shall violate any of the
covenants, agreements, or stipulations of this contract, County of Alameda shall thereupon have
the right to terminate this contract by giving written notice to County of Contra Costa of such
termination and specifying the effective date of such termination. Without prejudice to the
foregoing, County of Contra Costa agrees that if, prior to the termination or expiration of this
contract, upon any final or interim audit by County of Alameda that County of Contra Costa
shall forthwith bring itself into compliance and shall pay to County of Alameda forthwith
whatever sums are so disclosed to be due to County of Alameda (or shall, at County of
Alameda's election, permit County of Alameda to deduct such sums from whatever amounts
remain undisbursed by County of Alameda to County of Contra Costa pursuant to this contract);
if this contract shall have terminated or expired, and it shall be disclosed upon such audit, or
otherwise,that such failure shall have occurred, the County of Contra Costa shall pay to County
of Alameda forthwith whatever sums are so disclosed to, or determined by, County of Alameda
to be due to County of Alameda, or shall, at County of Alameda's election, permit the County
of Alameda to deduct such sums from whatever amounts remain undistributed by County of
Alameda to County of Contra Costa. Anything in this or any other contract between the County
of Alameda and County of Contra Costa shall have the right to terminate this contract with or
without cause at any time upon giving at least 30 days' written notice prior to the effective date
of such termination.
13. County of Contra Costa shall comply with all applicable laws, ordinances, and code
Federal, State and local governments, in performing any of the work embraced by this contract.
14. County of Contra Costa shall retain any property acquired with funds under this contract
possess or use controlled substances, as defined in 21 U.S. Code Section 812, including
marijuana, heroin, cocaine, and amphetamines, at any County facility or work site. If County
of Contra Costa or any employee of County of Contra Costa is convicted or pleads nolo
contendere to a criminal drug statute violation occurring at a County facility or work site, the
County of Contra Costa within five days thereafter shall notify the head of the County of
Alameda department/agency for which the contract services are being performed. Violation of
this provision shall constitute a material breach of this agreement.
23. County of Contra Costa agrees to comply with the requirements of the Section 3 Plan,
attached hereto as Exhibit D.
24. This contract can be amended only by written agreement of the parties hereto.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed.
COU OF
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COUN O RA COSTA
X. f
.� Y G
President, Board of SupeYvisors President, Board of Supervisors
51993
Date Date
Approved as to form: Phil batchelor, Clerk of the Board of
Kelvin H. B ly, Jr., County Counsel Supervisors,ind County Administrator
BY BY
Deputy County Counsel
/ �a
Date Title
I hereby certify under penalty of perjury that the President of
the Board of Supervisors was duty authori:ed to execute this
document on behalf of the Count �of Alameda by a majority
vote of the Board on JM 93-; and that a copy has
been delivered to the Pre:idcnt as provided by Government
Code Section 25103. Attest: JAR-nt 1993
WILLIAM MEHRWEIN, Clark, Board of Supervisors, County
of Alam a,State of California
BY
I
g:\afford\hopwa.agr
EXHIBIT A
CONTRA COSTA COUNTY - HOPWA ENTITLEMENT PROGRAM
SCOPE OF WORK/ACTIVITIES
Continued
3. Recipients of HOPWA-funded services will be monitored by a primary case manager to
ensure continuity of care and non-duplication of services.
4. A total of approximately 290 persons will be served by services provided under this
contract. Eligibility will be on the basis of confirmed HIV test and low-income status.
Participants will be selected on a first-come/first-served basis, after screening for
eligibility.
5. Line item budget allocations, within the total amount of the contract, and/or services to
be provided may be amended only with the prior written approval of the Alameda County
Planning Director or his designee.
g:\a(ford\hopwafa.ag r
EXHIBIT C
CERTIFICATE OF INSURANCE
SERVICE CONTRACTS
Please complete the following information:
CONTRACTOR: County of Contra Costa_ Housing& Community Development (HCD)
Alameda County Agency or Department
CONTRACT TERM:
POLICY/BOND ENDORSEMENT REQUIREMENTS
Contractor's policies or bonds shall be endorsed as follows:
Name Alameda County, its Board of Supervisors, officers, agents and employees as Additional Insured/Obligees
with respect to services being provided, but County is not liable to the insurance company for any premiums, costs
or assessments in connection with Contractor's policy/bond,as a result of being an Additional Insured.
Provide County 30 days advance written notice of cancellation, non-renewal or reduction in limits or coverage
including the name of the Contract, mailed to the following address:
Housing and Community Development Donna Eoff
County Department to Receive Notice(s) Individual Coordinating Contracts
224 W. Winton Avenue Room 108 Hayward, California 94544
Address City, State& Zip Code
State the Contractor's policy bond is primary insurance to any other insurance available to County with respect to
any claim arising out of this contract.
Contractor is responsible for payment of insurance deductib'.es.
Insurance companies must have an "A.M. Best" rating of B+, X or better.
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If prior acts coverage is restricted, advise retroactive date of coverage.
Extended discovery provision: If Insurance Company cancels, how long is period of extended
discovery?
If Contractee cancels, how long is optional coverage for extended discovery?
Percentage of annual premium cost to purchase the extended discovery?
A certified copy of the Claims Made form must be provided.
It will be a requirement of the County that 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.
REQUIRED COVERAGES - Where "X" Appears in Box CERTIFICATES OF INSURANCE
X 3. Comprehensive Automobile Liability
Insurance Company(s)
A. Minimum Limits of Liability:
$1,000,000 per occurrence combined
single limit bodily injury and Policy Number(s), Policy Period (dates)
property damage.
B. Coverages: Signature of Individual authorized by Insurance
X Owned Automobiles, if any Company to bind Company to coverage shown, and
X Non-owned Automobiles above endorsement requirements.
X_ Hired Automobiles
_ Cross Liability or Severability
of Interests clause in policy Name
Address
City, State & Zip Code
4. Professional Liability
Insurance Company(s)
A. For professional employees licensed
as a condition of employment at the
beginning of contract term or hired Policy Number(s), Policy Period (dates)
during the contract term, insuring
against error or omission in rendering
or failing to render professional Signature of Individual authorized by Insurance
services. Coverage shall continue for Company to bind Company to coverage shown, and
a minimum of five years. above endorsement requirements.
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2. Limits shall be at least equal to
maximum Count funds in contractor's City, State & Zip Code
possession or control during contract
term.
*********************************************************************************************
_ 6. Other (Describe Below)
Insurance Company(s)
Policy Number(s), Policy Period (dates)
Signature of Individual authorized by Insurance
Company to bind Company to coverage shown, and
above endorsement requirements.
Name
Address
City, State & Zip Code
*********************************************************************************************
7. Self-Insurance
Contractors self-insured for any risks shown in the previous sections shall attach to contract evidence
satisfactory to County of Contractors financial ability (such as a current financial statement) to respond to
losses in amounts shown above, for each risk self-insured. Contractor shall complete and sign the
following statement and attach to contract.
The Contractor is self-insured for the following coverages with respect to this contract.
REQUIRED COVERAGES -Where "X" Appears in Box CERTIFICATES OF INSURANCE
X Workers' Compensation
X Comprehensive General Liability to the limit of$
X Bodily injury
X Property damage
X Blanket Contractual
Personal injury
_Products/completed operations
_Fire damage legal liability
X Comprehensive Auto Liability to the limit of$
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