Procurement Contract No. 27825
QUESTIONNAIRE FOR DETERMINING THE WITHHOLDING STATUS
INSTRUCTIONS: This questionnaire is to be completed by the County department for services contracts and must be included as part of the contract package. Be sure to answer all of the questions in Sections I and II and to complete the certifications on page 2. Sections III and IV contain supplemental questions to be answered for contractors in certain service categories.
CONTRACTOR NAME: CITY OF ALAMEDA DEPT #: Workforce & Benefits Administration
TITLE/SERVICE: City of Alameda Winter Relief Services for People Experiencing Homelessness
DEPT. CONTACT: Shane Rogge PHONE: _(510) 259-3882 I. INFORMATION ABOUT THE CONTRACTOR YES NO
1. Is the contractor a corporation or partnership?
2. Does the contractor have the right per the contract to hire others to do the work agreed to in the contract?
3. If the answer to BOTH questions is YES, provide the employer ID number here: 94-6000288
No other questions need to be answered. Withholding is not required.
4. If the answer to question 1 is NO and 2 is YES, provide the individual social security number here:
No other questions need to be answered. Withholding is not required.
5. If the answer to question 2 is NO, continue to Section II.
II. RELATIONSHIP OF THE PARTIES YES NO
1. Does the County have the right to control the way in which the work will be done, i.e., will the County be able to specify the sequence of steps or the processes to be followed if it chooses to do so?
2. Is the contractor restricted from performing similar services for other businesses while he is working for the County?
3. Will the contractor be working for more than 50% of the time for the County (50% = 20 hrs/wk; 80 hrs/mo)?
4. Is the relationship between the County and the contractor intended to be ongoing?
III. FOR CONSULTANTS, PROJECT MANAGERS, PROJECT
COORDINATORS YES NO
1. Is the contractor being hired for a period of time rather than for a specific project?
Procurement Contract No. 27825
2. Will payment be based on a wage or salary (as opposed to a commission or lump sum)?
IV. FOR PHYSICIANS, PSYCHIATRISTS, DENTISTS, PSYCHOLOGISTS YES NO
1. Will the agreement be with an individual who does not have an outside practice?
2. Will the contractor work more than an average of ten hours per week? IF THE ANSWER TO QUESTION 2 IS YES, ANSWER QUESTION 3.
3. Will the County provide more than 20% of the contractor’s income?
4. If the answer to either question 2, or if required, question 3 is NO, the entire answer is NO.
A “YES” answer to any of the questions in Section II, or, if applicable, Sections III or IV constitutes justification for paying the contractor through the payroll system as an “employee for withholding purposes.” All contracts that require withholding must be emailed to the Auditor-Controller Board Approved Contracts Unit ([email protected]
), for processing and payment through the payroll System.
CERTIFICATIONS:
I hereby certify that the answers to the above questions accurately reflect the anticipated working relationship for this contract.
$docusign:SignHere:1:Customer1
$docusign:SignHere::InternalSigner1
Contractor Signature
Agency/Department Head/Designee Signature
Amy Wooldridge David Huey
$docusign:DateSigned:3:Customer1
$docusign:DateSigned::InternalSigner1
Date Date
Procurement Contract No. 27825
1 COUNTY OF ALAMEDA
STANDARD SERVICES AGREEMENT
This Agreement, dated as of November 1st, 2024, is by and between the County of Alameda, hereinafter referred to as the “County”, and CITY OF ALAMEDA, hereinafter referred to as the “Contractor”.
WITNESSETH
Whereas, County desires to obtain City of Alameda Winter Relief Services for People Experiencing Homelessness services which are more fully described in Exhibit A hereto; and
Whereas, Contractor is professionally qualified to provide such services and is willing to provide same to County; and
Now, therefore it is agreed that County does hereby retain Contractor to provide City of Alameda Winter Relief Services for People Experiencing Homelessness Services, and Contractor accepts such engagement, on the General Terms and Conditions hereinafter specified in this Agreement, the Additional Provisions attached hereto, and the following described exhibits, all of which are incorporated into this Agreement by this reference:
Exhibit A: Scope of Work
Attachment A: Client Grievance Policy
Attachment B: Language Access Requirements for Contractors Attachment C: Confidentiality
Exhibit B: Payment Terms
Exhibit B-1: Program Budget
Exhibit C: Insurance Requirements
Exhibit D: Debarment and Suspension Certification
Exhibit E: Audit Requirements
The term of this Agreement shall be from November 1, 2024 through May 31, 2025.
The compensation payable to Contractor hereunder shall not exceed sixty thousand dollars ($60,000) for the term of this Agreement. The County neither warrants nor guarantees any minimum compensation to the Contractor under this Agreement. Payment to Contractor shall be based on actual services performed on behalf of the County.
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2 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written.
COUNTY OF ALAMEDA CITY OF ALAMEDA
By:
By:
$docusign:SignHere:9:Customer1
Name:
Nate Miley
Name: Amy Wooldridge
Title: President of the Board of Supervisors Title: City Manager:Customer1 Date: Date: $docusign:DateSigned:12:Customer1
Approved as to Form:
By: __________________________
Deputy City Attorney
Approved as to Form:
DONNA R. ZIEGLER, COUNTY COUNSEL
By:$docusign:SignHere::InternalSigner2
______________________________
Samantha Stonework-Hand
Assistant County Counsel
By signing above, the signatory
warrants and represents that he/she
executed this Agreement in his/her
authorized capacity and that by his/her
signature on this Agreement, he/she or
the entity upon behalf of which he/she
acted, executed this Agreement.
Procurement Contract No. 27825
3 GENERAL TERMS AND CONDITIONS
1. INDEPENDENT CONTRACTOR: No relationship of employer and employee is created by this Agreement; it being understood and agreed that Contractor is an independent contractor. Contractor is not the agent or employee of the County in any capacity whatsoever, and County shall not be liable for any acts or omissions by Contractor nor for any obligations or liabilities incurred by Contractor.
Contractor shall have no claim under this Agreement or otherwise, for seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health insurance medical care, hospital care, retirement benefits, social security, disability, Workers’ Compensation, or unemployment insurance benefits, civil service protection, or employee benefits of any kind.
Contractor shall be solely liable for and obligated to pay directly all applicable payroll taxes (including federal and state income taxes) or contributions for unemployment insurance or old age pensions or annuities which are imposed by any governmental entity in connection with the labor used or which are measured by wages, salaries or other remuneration paid to its officers, agents or employees and agrees to indemnify and hold County harmless from any and all liability which County may incur because of Contractor’s failure to pay such amounts.
In carrying out the work contemplated herein, Contractor shall comply with all applicable federal and state workers’ compensation and liability laws and regulations with respect to the officers, agents and/or employees conducting and participating in the work; and agrees that such officers, agents, and/or employees will be considered as independent contractors and shall not be treated or considered in any way as officers, agents and/or employees of County.
Contractor does, by this Agreement, agree to perform his/her said work and functions at all times in strict accordance with currently approved methods and practices in his/her field and that the sole interest of County is to insure that said service shall be performed and rendered in a competent, efficient, timely and satisfactory manner and in accordance with the standards required by the County agency concerned.
Notwithstanding the foregoing, if the County determines that pursuant to state and federal law Contractor is an employee for purposes of income tax withholding, County may upon two weeks’ notice to Contractor, withhold from payments to Contractor hereunder federal and state income taxes and pay said sums to the federal and state governments.
2. INDEMNIFICATION: To the fullest extent permitted by law, Contractor shall hold harmless, defend and indemnify the County of Alameda, its Board of Supervisors, employees and agents from and against any and all claims, losses, damages, liabilities and expenses, including but not limited to attorneys’ fees, arising out of or resulting from the performance of services under this Agreement, provided that any such claim, loss, damage, liability or expense is attributable to bodily injury, sickness, disease, death or to
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4 injury to or destruction of property, including the loss therefrom, or to any violation of federal, state or municipal law or regulation, which arises out of or is any way connected with the performance of this agreement (collectively “Liabilities”) except where such Liabilities are caused solely by the negligence or willful misconduct of any indemnitee.
The County may participate in the defense of any such claim without relieving Contractor of any obligation hereunder. The obligations of this indemnity shall be for the full amount of all damage to County, including defense costs, and shall not be limited by any insurance limits.
In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement is determined by a court of competent jurisdiction or the Alameda County Employees’ Retirement Association (ACERA) or California Public Employees’ Retirement System (PERS) to be eligible for enrollment in ACERA and PERS as an employee of County, Contractor shall indemnify, defend, and hold harmless County for the payment of any employee and/or employer contributions for ACERA and PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of County.
3. INSURANCE AND BOND: Contractor shall at all times during the term of the Agreement with the County maintain in force, at minimum, those insurance policies and bonds as designated in the attached Exhibit C, and will comply with all those requirements as stated therein. The County and all parties as set forth on Exhibit C shall be considered an additional insured or loss payee if applicable. All of Contractor’s available insurance coverage and proceeds in excess of the specified minimum limits shall be available to satisfy any and all claims of the County, including defense costs and damages. Any insurance limitations are independent of and shall not limit the indemnification terms of this Agreement. Contractor’s insurance policies, including excess and umbrella insurance policies, shall include an endorsement and be primary and non-contributory and will not seek contribution from any other insurance (or self- insurance) available to County. Contractor’s excess and umbrella insurance shall also apply on a primary and non-contributory basis for the benefit of the County before County’s own insurance policy or self-insurance shall be called upon to protect it as a named insured.
4. PREVAILING WAGES: Pursuant to Labor Code Sections 1770 et seq., Contractor shall pay to persons performing labor in and about Work provided for in Contract not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the Work is performed, and not less than the general prevailing rate of per diem wages for legal holiday and overtime work in said locality, which per diem wages shall not be less than the stipulated rates contained in a schedule thereof which has been ascertained and determined by the Director of the State Department of Industrial Relations to be the general prevailing rate of per diem wages for each craft or type of workman or mechanic needed to execute this contract.
Procurement Contract No. 27825
5 5. WORKERS’ COMPENSATION: Contractor shall provide Workers' Compensation insurance, as applicable, at Contractor's own cost and expense and further, neither the Contractor nor its carrier shall be entitled to recover from County any costs, settlements, or expenses of Workers' Compensation claims arising out of this Agreement.
6. CONFORMITY WITH LAW AND SAFETY:
a. In performing services under this Agreement, Contractor shall observe and comply with all applicable laws, ordinances, codes and regulations of governmental agencies, including federal, state, municipal, and local governing bodies, having jurisdiction over the scope of services, including all applicable provisions of the California Occupational Safety and Health Act. Contractor shall indemnify and hold County harmless from any and all liability, fines, penalties and consequences from any of Contractor’s failures to comply with such laws, ordinances, codes and regulations.
b. Accidents: If a death, serious personal injury, or substantial property damage occurs in connection with Contractor’s performance of this Agreement, Contractor shall immediately notify the Alameda County Risk Manager's Office by telephone. Contractor shall promptly submit to County a written report, in such form as may be required by County of all accidents which occur in connection with this Agreement. This report must include the following information: (1) name and address of the injured or deceased person(s); (2) name and address of Contractor's sub-Contractor, if any; (3) name and address of Contractor's liability insurance carrier; and (4) a detailed description of the accident and whether any of County's equipment, tools, material, or staff were involved.
c. Contractor further agrees to take all reasonable steps to preserve all physical evidence and information which may be relevant to the circumstances surrounding a potential claim, while maintaining public safety, and to grant to the County the opportunity to review and inspect such evidence, including the scene of the accident.
7. DEBARMENT AND SUSPENSION CERTIFICATION: (Applicable to all agreements funded in part or whole with federal funds and contracts over \ $25,000).
a. By signing this agreement and Exhibit D, Debarment and Suspension Certification, Contractor/Grantee agrees to comply with applicable federal suspension and debarment regulations, including but not limited to 7 Code of Federal Regulations (CFR) 3016.35, 28 CFR 66.35, 29 CFR 97.35, 34 CFR
80.35, 45 CFR 92.35 and Executive Order 12549.
b. By signing this agreement, Contractor certifies to the best of its knowledge and belief, that it and its principals:
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6 (1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntary excluded by any federal department or agency;
(2) Shall not knowingly enter into any covered transaction with a person who is proposed for debarment under federal regulations, debarred, suspended, declared ineligible, or voluntarily excluded from participation in such transaction.
8. PAYMENT: For services performed in accordance with this Agreement, payment shall be made to Contractor as provided in Exhibit B hereto.
9. TRAVEL EXPENSES: Contractor shall not be allowed or paid travel expenses unless set forth in this Agreement.
10. TAXES: Payment of all applicable federal, state, and local taxes shall be the sole responsibility of the Contractor.
11. OWNERSHIP OF DOCUMENTS: Contractor hereby assigns to the County and its assignees all copyright and other use rights in any and all proposals, plans, specification, designs, drawings, sketches, renderings, models, reports and related documents (including computerized or electronic copies) respecting in any way the subject matter of this Agreement, whether prepared by the County, the Contractor, the Contractor’s sub- Contractors or third parties at the request of the Contractor (collectively, “Documents and Materials”). This explicitly includes the electronic copies of all above stated documentation.
Contractor also hereby assigns to the County and its assignees all copyright and other use rights in any Documents and Materials including electronic copies stored in Contractor’s Information System, respecting in any way the subject matter of this Agreement.
Contractor shall be permitted to retain copies, including reproducible copies and computerized copies, of said Documents and Materials. Contractor agrees to take such further steps as may be reasonably requested by County to implement the aforesaid assignment. If for any reason said assignment is not effective, Contractor hereby grants the County and any assignee of the County an express royalty – free license to retain and use said Documents and Materials. The County’s rights under this paragraph shall apply regardless of the degree of completion of the Documents and Materials and whether or not Contractor’s services as set forth in Exhibit “A” of this Agreement have been fully performed or paid for.
In Contractor’s contracts with other Contractors, Contractor shall expressly obligate its Sub-Contractors to grant the County the aforesaid assignment and license rights as to that Contractor’s Documents and Materials. Contractor agrees to defend, indemnify, and hold the County harmless from any damage caused by a failure of the Contractor to obtain such rights from its Contractors and/or Sub-Contractors.
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7 Contractor shall pay all royalties and license fees which may be due for any patented or copyrighted materials, methods or systems selected by the Contractor and incorporated into the work as set forth in Exhibit “A”, and shall defend, indemnify and hold the County harmless from any claims for infringement of patent or copyright arising out of such selection. The County’s rights under this Paragraph 11 shall not extend to any computer software used to create such Documents and Materials.
12. CONFLICT OF INTEREST; CONFIDENTIALITY: The Contractor covenants that it presently has no interest, and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of services required under this Agreement.
Without limitation, Contractor represents to and agrees with the County that Contractor has no present, and will have no future, conflict of interest between providing the County services hereunder and any other person or entity (including but not limited to any federal or state wildlife, environmental or regulatory agency) which has any interest adverse or potentially adverse to the County, as determined in the reasonable judgment of the Board of Supervisors of the County.
The Contractor agrees that any information, whether proprietary or not, made known to or discovered by it during the performance of or in connection with this Agreement for the County will be kept confidential and not be disclosed to any other person. The Contractor agrees to immediately notify the County by notices provided in accordance with Paragraph 13 of this Agreement, if it is requested to disclose any information made known to or discovered by it during the performance of or in connection with this Agreement. These conflict of interest and future service provisions and limitations shall remain fully effective five (5) years after termination of services to the County hereunder.
13. NOTICES: All notices, requests, demands, or other communications under this Agreement shall be in writing. Notices shall be given for all purposes as follows:
Personal delivery: When personally delivered to the recipient, notices are effective on delivery.
First Class Mail: When mailed first class to the last address of the recipient known to the party giving notice, notice is effective three (3) mail delivery days after deposit in a United States Postal Service office or mailbox. Certified Mail: When mailed certified mail, return receipt requested, notice is effective on receipt, if delivery is confirmed by a return receipt.
Overnight Delivery: When delivered by overnight delivery (Federal Express/Airborne/United Parcel Service/DHL WorldWide Express) with charges prepaid or charged to the sender’s account, notice is effective on delivery, if delivery is confirmed by the delivery service. Telex or facsimile transmission: When sent by telex or facsimile to the last telex or facsimile number of the recipient known to the party giving notice, notice is effective on receipt, provided that (a) a duplicate copy of the notice is promptly given by first-class or certified mail or by overnight delivery, or (b) the receiving party delivers a written confirmation of receipt. Any notice given by telex or facsimile shall be
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8 deemed received on the next business day if it is received after 5:00 p.m. (recipient’s time) or on a non-business day.
Addresses for purpose of giving notice are as follows:
To County: COUNTY OF ALAMEDA
Alameda County Social Services Agency
Department of Workforce & Benefits Administration
Program Planning and Support
24100 Amador Street, Suite 610
Hayward, CA 94544
Attn: Shane Rogge
Email: [email protected]
Alameda County Social Services Agency
Contracts Office
2000 San Pablo Ave., 4
th Floor
Oakland, CA 94612
Attn: Juana Salazar
Email: [email protected]
To Contractor: CITY OF ALAMEDA
1155 Santa Clara Ave.
Alameda, CA 94501
Attn: Danielle Sullivan
Email: [email protected]
Any correctly addressed notice that is refused, unclaimed, or undeliverable because of an act or omission of the party to be notified shall be deemed effective as of the first date that said notice was refused, unclaimed, or deemed undeliverable by the postal authorities, messenger, or overnight delivery service.
Any party may change its address or telex or facsimile number by giving the other party notice of the change in any manner permitted by this Agreement.
14. USE OF COUNTY PROPERTY: Contractor shall not use County property (including equipment, instruments and supplies) or personnel for any purpose other than in the performance of his/her obligations under this Agreement.
15. EQUAL EMPLOYMENT OPPORTUNITY PRACTICES PROVISIONS:
Contractor assures that he/she/it will comply with Title VII of the Civil Rights Act of 1964 and that no person shall, on the grounds of race, creed, color, disability, sex, sexual orientation, national origin, age, religion, Vietnam era Veteran’s status, political affiliation, or any other non-merit factor, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this Agreement.
Procurement Contract No. 27825
9 a. Contractor shall, in all solicitations or advertisements for applicants for employment placed as a result of this Agreement, state that it is an “Equal Opportunity Employer” or that all qualified applicants will receive consideration for employment without regard to their race, creed, color, disability, sex, sexual orientation, national origin, age, religion, Vietnam era Veteran’s status, political affiliation, or any other non-merit factor.
b. Contractor shall, if requested to so do by the County, certify that it has not, in the performance of this Agreement, discriminated against applicants or employees because of their race, creed, color, disability, sex, sexual orientation, national origin, age, religion, Vietnam era Veteran’s status, political affiliation, or any other non-merit factor.
c. If requested to do so by the County, Contractor shall provide the County with access to copies of all of its records pertaining or relating to its employment practices, except to the extent such records or portions of such records are confidential or privileged under state or federal law.
d. Contractor shall recruit vigorously and encourage minority - and women-owned businesses to bid its subcontracts.
e. Nothing contained in this Agreement shall be construed in any manner so as to require or permit any act, which is prohibited by law.
f. The Contractor shall include the provisions set forth in paragraphs A through E (above) in each of its subcontracts.
16. DRUG-FREE WORKPLACE: Contractor and Contractor's employees shall comply with the County's policy of maintaining a drug-free workplace. Neither Contractor nor Contractor's employees shall unlawfully manufacture, distribute, dispense, possess or use controlled substances, as defined in 21 U.S. Code § 812, including, but not limited to, marijuana, heroin, cocaine, and amphetamines, at any County facility or work site. If Contractor or any employee of Contractor is convicted or pleads nolo contendere to a criminal drug statute violation occurring at a County facility or work site, the Contractor within five days thereafter shall notify the head of the County department/agency for which the contract services are performed. Violation of this provision shall constitute a material breach of this Agreement.
17. AUDITS; ACCESS TO RECORDS: The Contractor shall make available to the County, its authorized agents, officers, or employees, for examination any and all ledgers, books of accounts, invoices, vouchers, cancelled checks, and other records or documents evidencing or relating to the expenditures and disbursements charged to the County, and shall furnish to the County, its authorized agents, officers or employees such other evidence or information as the County may require with regard to any such expenditure or disbursement charged by the Contractor.
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10 The Contractor shall maintain full and adequate records in accordance with County requirements to show the actual costs incurred by the Contractor in the performance of this Agreement. If such books and records are not kept and maintained by Contractor within the County of Alameda, California, Contractor shall, upon request of the County, make such books and records available to the County for inspection at a location within County or Contractor shall pay to the County the reasonable, and necessary costs incurred by the County in inspecting Contractor’s books and records, including, but not limited to, travel, lodging and subsistence costs. Contractor shall provide such assistance as may be reasonably required in the course of such inspection. The County further reserves the right to examine and reexamine said books, records and data during the three (3) year period following termination of this Agreement or completion of all work hereunder, as evidenced in writing by the County, and the Contractor shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, and data in any manner whatsoever for three (3) years after the County makes the final or last payment or within three (3) years after any pending issues between the County and Contractor with respect to this Agreement are closed, whichever is later.
18. DOCUMENTS AND MATERIALS: Contractor shall maintain and make available to County for its inspection and use during the term of this Agreement, all Documents and Materials, as defined in Paragraph 11 of this Agreement. Contractor’s obligations under the preceding sentence shall continue for three (3) years following termination or expiration of this Agreement or the completion of all work hereunder (as evidenced in writing by County), and Contractor shall in no event dispose of, destroy, alter or mutilate said Documents and Materials, for three (3) years following the County’s last payment to Contractor under this Agreement.
19. TIME OF ESSENCE: Time is of the essence in respect to all provisions of this Agreement that specify a time for performance; provided, however, that the foregoing shall not be construed to limit or deprive a party of the benefits of any grace or use period allowed in this Agreement.
20. TERMINATION: The County has and reserves the right to suspend, terminate, or abandon the execution of any work by the Contractor without cause at any time upon giving to the Contractor prior written notice. In the event that the County should abandon, terminate, or suspend the Contractor’s work, the Contractor shall be entitled to payment for services provided hereunder prior to the effective date of said suspension, termination, or abandonment. Said payment shall be computed in accordance with Exhibit B hereto, provided that the maximum amount payable to Contractor for its City of Alameda Winter Relief Services for People Experiencing Homelessness Services shall not exceed $60,000 payment for services provided hereunder prior to the effective date of said suspension, termination or abandonment.
21. SMALL LOCAL AND EMERGING BUSINESS (SLEB) PARTICIPATION:
Intentionally deleted.
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11 22. FIRST SOURCE PROGRAM: For contracts over $100,000, Contractor shall provide County ten (10) working days to refer to Contractor, potential candidates to be considered by Contractor to fill any new or vacant positions that are necessary to fulfill their contractual obligations to the County that Contractor has available during the contract term before advertising to the general public.
23. CHOICE OF LAW: This Agreement shall be governed by the laws of the State of California.
24. WAIVER: No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy. No waiver of any breach, failure, right or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
25. ENTIRE AGREEMENT: This Agreement, including all attachments, exhibits, and any other documents specifically incorporated into this Agreement, shall constitute the entire agreement between County and Contractor relating to the subject matter of this Agreement. As used herein, Agreement refers to and includes any documents incorporated herein by reference and any exhibits or attachments. This Agreement supersedes and merges all previous understandings, and all other agreements, written or oral, between the parties and sets forth the entire understanding of the parties regarding the subject matter thereof. The Agreement may not be modified except by a written document signed by both parties.
26. HEADINGS herein are for convenience of reference only and shall in no way affect interpretation of the Agreement.
27. ADVERTISING OR PUBLICITY: Contractor shall not use the name of County, its officers, directors, employees or agents, in advertising or publicity releases or otherwise without securing the prior written consent of County in each instance.
28. MODIFICATION OF AGREEMENT: This Agreement may be supplemented, amended, or modified only by the mutual agreement of the parties. No supplement, amendment, or modification of this Agreement shall be binding unless it is in writing and signed by authorized representatives of both parties.
29. ASSURANCE OF PERFORMANCE: If at any time County believes Contractor may not be adequately performing its obligations under this Agreement or that Contractor may fail to complete the Services as required by this Agreement, County may request from Contractor prompt written assurances of performance and a written plan acceptable to County, to correct the observed deficiencies in Contractor’s performance. Contractor shall provide such written assurances and written plan within ten (10) calendar days of its receipt of County’s request and shall thereafter diligently commence and fully perform such written plan. Contractor acknowledges and agrees that any failure to provide such
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12 written assurances and written plan within the required time is a material breach under this Agreement.
30. SUBCONTRACTING/ASSIGNMENT: Contractor shall not subcontract, assign, or delegate any portion of this Agreement or any duties or obligations hereunder without the County’s prior written approval.
a. Neither party shall, on the basis of this Agreement, contract on behalf of or in the name of the other party. Any agreement that violates this Paragraph shall confer no rights on any party and shall be null and void.
b. Contractor shall use the subcontractors identified in Exhibit A and shall not substitute subcontractors without County’s prior written approval.
c. Contractor shall require all subcontractors to comply with all indemnification and insurance requirements of this agreement, including, without limitation, Exhibit C. Contractor shall verify subcontractor’s compliance.
d. Contractor shall remain fully responsible for compliance by its subcontractors with all the terms of this Agreement, regardless of the terms of any agreement between Contractor and its subcontractors.
31. SURVIVAL: The obligations of this Agreement, which by their nature would continue beyond the termination on expiration of the Agreement, including without limitation, the obligations regarding Indemnification (Paragraph 2), Ownership of Documents (Paragraph 11), and Conflict of Interest (Paragraph 12), shall survive termination or expiration.
32. SEVERABILITY: If a court of competent jurisdiction holds any provision of this Agreement to be illegal, unenforceable, or invalid in whole or in part for any reason, the validity and enforceability of the remaining provisions, or portions of them, will not be affected, unless an essential purpose of this Agreement would be defeated by the loss of the illegal, unenforceable, or invalid provision.
33. PATENT AND COPYRIGHT INDEMNITY: Contractor represents that it knows of no allegations, claims, or threatened claims that the materials, services, hardware or software (“Contractor Products”) provided to County under this Agreement infringe any patent, copyright or other proprietary right. Contractor shall defend, indemnify and hold harmless County of, from and against all losses, claims, damages, liabilities, costs expenses and amounts (collectively, “Losses”) arising out of or in connection with an assertion that any Contractor Products or the use thereof, infringe any patent, copyright or other proprietary right of any third party. County will: (1) notify Contractor promptly of such claim, suit, or assertion; (2) permit Contractor to defend, compromise, or settle the claim; and, (3) provide, on a reasonable basis, information to enable Contractor to do so.
Contractor shall not agree without County’s prior written consent, to any settlement, which would require County to pay money or perform some affirmative act in order to
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13 continue using the Contractor Products.
a. If Contractor is obligated to defend County pursuant to this Paragraph 33 and fails to do so after reasonable notice from County, County may defend itself and/or settle such proceeding, and Contractor shall pay to County any and all losses, damages and expenses (including attorney’s fees and costs) incurred in relationship with County’s defense and/or settlement of such proceeding.
b. In the case of any such claim of infringement, Contractor shall either, at its option, (1) procure for County the right to continue using the Contractor Products; or (2) replace or modify the Contractor Products so that that they become non- infringing, but equivalent in functionality and performance.
c. Notwithstanding this Paragraph 33, County retains the right and ability to defend itself, at its own expense, against any claims that Contractor Products infringe any patent, copyright, or other intellectual property right.
34. OTHER AGENCIES: Other tax supported agencies within the State of California who have not contracted for their own requirements may desire to participate in this contract.
The Contractor is requested to service these agencies and will be given the opportunity to accept or reject the additional requirements. If the Contractor elects to supply other agencies, orders will be placed directly by the agency and payments made directly by the agency.
35. EXTENSION: This agreement may be extended for incremental periods for up to Three years by mutual agreement of the County and the Contractor.
36. SIGNATORY: By signing this agreement, signatory warrants and represents that he/she executed this Agreement in his/her authorized capacity and that by his/her signature on this Agreement, he/she or the entity upon behalf of which he/she acted, executed this Agreement.
[END OF GENERAL TERMS AND CONDITIONS]
Procurement Contract No. 27825
14 ADDITIONAL PROVISIONS
37. COUNTERPARTS: This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Counterparts may be delivered via facsimile, electronic mail (including pdf) or other transmission method and any counterpart so delivered shall be deemed to have been duly and validly delivered and be valid and effective for all purposes.
38. CONTRACTOR is exempt from item 21, SMALL, LOCAL AND EMERGING BUSINESS (SLEB) PARTICIPATION, because CONTRACTOR is a government agency.
Approved as to Form:
DONNA R. ZIEGLER, COUNTY COUNSEL
By:
Samantha Stonework-Hand
Assistant County Counsel
Procurement Contract No. 27825
15 EXHIBIT A
SCOPE OF WORK
Contracting Department Workforce & Benefits Administration Contractor Name CITY OF ALAMEDA
Type of Services Winter Relief Services for People Experiencing Homelessness
I. Program Name
City of Alameda Winter Relief Services for People Experiencing Homelessness
II. Contract Services
The City of Alameda will provide winter relief services through the distribution of short- term motel vouchers; for the period of 11/1/24 – 5/31/25.
III. Program Objectives
Contractor will provide homeless individuals with supportive services to meet essential needs during the winter months, including food, hotel vouchers, and referrals to additional services intended to connect individuals to permanent housing and public assistance benefits.
IV. Program Description and Requirements
1. Contractor shall provide the following winter relief services for a minimum of seven (7) unduplicated homeless adults:
a. Secure hotels or motels that will accept the program and clients up to 120 days depending on funding and weather. Negotiate with hotels or motels to receive reasonable negotiated rates.
b. Provide each participant during their motel stays at least two (2) daily meals or food for easy cooking in the microwave.
c. Ensure hotel rooms receive regular weekly inspection to review habitability and condition of rooms, and to address any issues with participants. Motel rooms used must be in acceptable physical condition and must be accessible for individuals with disabilities if accommodations are required. Provide 24-hour access to supervisor for any client issues or emergencies.
d. Provide staff oversight of the program, staff check-ins will be conducted two times per week.
e. Provide referral services to individuals who are participating in the program. Staff who are trained in providing housing search and application assistance shall meet with participants and ensure all are
Procurement Contract No. 27825
16 assessed and connected to the Coordinated Entry system for additional housing resources during their motel stay.
f. Provide services to allow program participants to receive mail at the subcontractor location. Contractor shall provide participants with the specific address through which they may receive mail.
g. Provide warm clothes for program participants that do not have sufficient winter clothing.
h. Ensure that each participant completes an enrollment packet, and a uniform intake process is used by the program. Contractor shall submit the enrollment packet and any revisions to the Alameda County Social Services Agency (ACSSA) contact for review and approval.
2. County approves Contractor subcontracting any portion of this Agreement to Cornerstone Community Development Corporation dba Building Futures with Women and Children.
3. Contractor shall gather and collect information on persons served and services provided during the term of the Agreement in a reporting format approved by the County.
V. Target Population
Homeless population in Alameda County, targeting those frequenting outdoor sites in Alameda.
VI. Key Personnel
Contractor project team will consist of the following Key Personnel and subcontractors, as applicable during the contract term:
Name Title Telephone Email Address
C’Mone Falls Housing and
Human Services
Manager
(510) 747-7400 [email protected]
Marcie Soslau Johnson
Social Services
Manager
(510) 747-6855 [email protected]
Contractor agrees that it shall not transfer or reassign the individuals identified above as Key Personnel or substitute subcontractors without the express written agreement of County, which agreement shall not be unreasonably withheld. Should such individual or individuals in the employ of Contractor no longer be employed by Contractor during the term of this Agreement, Contractor shall make a good faith effort to present to County an individual with greater or equal qualifications as a replacement subject to County’s approval, which approval shall not be unreasonably withheld.
Procurement Contract No. 27825
17 VII. Program Information and Requirements
The U.S. Department of Housing and Urban Development (HUD) definitions of “homeless” and “chronically homeless” shall be used for reporting purposes. “Homeless” as defined by HUD, means an individual or family with a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings, including a car, park, abandoned building, bus or train. “Chronically homeless” as defined by HUD, means an individual or family that is homeless and resides in a place not meant for human habitation, a safe haven, or in an emergency shelter, and has been homeless and residing in such a place for at least one (1) year or on at least four (4) separate occasions totaling twelve (12) months in duration in the last three (3) years. The individual or family must also have a head of household with a disabling condition.
A. Program Goals:
a) Reports described in this section, or any required reports by the County contract liaison or the County Board of Supervisors, will be provided by the Contractor to the County within the required timeframe.
b) Monthly Statistical Reports as described in Exhibit B Terms and Conditions of Payment, or any required reports by the County contract liaison or the County Board of Supervisors, shall be submitted monthly by Contractor. The report shall be completed using the current report template provided by the County and submitted in Excel spreadsheet format. The Monthly Statistical Reports shall include the following data:
i. Number of unduplicated homeless individuals served
ii. Number of meals served
iii. Number of bed nights occupied in hotels
iv. Total dollar amount of all expenditures on hotel room stays in the month v. Number of unduplicated clients who completed intake in HMIS (if applicable)
vi. Number of unduplicated clients connected to temporary housing vii. Number of unduplicated clients connected to permanent housing viii. Number of referrals made to additional services in the following categories:
ix. Housing and Shelter
1. Physical Health Care/Medical Services
2. Mental Health
3. Legal Aid
4. Financial
5. Food
6. Alcohol and Drug Treatment
7. Employment/Training
8. Other
Procurement Contract No. 27825
18 B. Reporting and Evaluation Requirements:
ACSSA is committed to bringing more performance-based monitoring and accountability to all our contracted services over the next few years. All contractors are required to provide information and data that answer the three basic RBA questions: (1) How much was done? (2) How well was it done? (3) Is anyone better off? Contractors will utilize Clear Impact Results Scorecard, a cloud-based interactive RBA reporting platform, to input performance measures and related data points.
ACSSA will provide access to and training on the Scorecard platform More information about RBA can be found at www.raguide.org. Required metrics for this contract include:
Performance Measures Target Goal How to Calculate
How
Much?
# of unduplicated
homeless individuals
served
N/A # of unduplicated homeless
individuals served
# of meals served N/A # of meals served
# of bed nights N/A Total # of bed nights for all
individuals served
How Well? # of referrals made to
additional services
N/A # of unduplicated referrals made
to additional services
Better Off?
% of unduplicated
homeless individuals
connected to
permanent housing
50% # of unduplicated homeless
individuals
connected to permanent housing
# of unduplicated homeless
individuals served
# and % of homeless
individuals that
received public
benefits including:
CalFresh, General
Assistance (GA),
CalWORKs and Medi-
Cal.
90% # of homeless individuals that
received public benefits
including: CalFresh, General
Assistance (GA), CalWORKs and
Medi-Cal
# of unduplicated homeless
individuals referred to public
benefits including: CalFresh,
Procurement Contract No. 27825
19 General Assistance (GA),
CalWORKs and Medi-Cal.
Definitions
Permanent Housing: Long-term care facility or nursing home, permanent housing for formerly homeless persons, rental by client, staying or living with friends (permanent tenure).
Additional Services: Housing & Shelter, Physical Health Care/Medical Services, Mental Health, Legal Aid, Financial, Food, Alcohol & Drug Treatment, Employment/Training,
Other: Contractor will enter above data in Scorecard, a web-based software system used by ACSSA to track performance measures. Data will be entered by the 15th of each month.
The service provider will be responsible for developing a system to collect and analyze each performance measure on a monthly and/or quarterly and/or annual basis.
In addition to tracking the progress towards the above performance measures, the service provider will provide an annual quality assurance report that demonstrates the strategies employed to ensure data quality and accuracy. ACSSA may request individual client data on the services provided for evaluation and/or quality assurance purposes.
VIII. Reporting and Evaluation Requirements
Contractor shall provide the following reports after the end of the contract term, no later than the end of the month following the last month in the contract term June 30, 2025.
i. Cumulative unduplicated numbers on all metrics reported in the Monthly Statistical Report over the entire contract period. (Note that the annual unduplicated count is not the same as the sum of monthly unduplicated counts. Further unduplicated to count unique individuals over the entire contract period is needed.) ii. Summary of successes, challenges and lessons learned, and any anticipated changes in the upcoming year to respond to these lessons.
iii. Ten (10) high-quality photos of service activities with clients. iv. Optional: Summary of any notable data trends or changes in client outcomes or program operations related to the COVID-19 pandemic, and recommendations for strategies to address any COVID-19 related needs or impacts in the coming year.
IX. Contractor Responsibilities
1. Client Grievance Policy:
Alameda County Social Services Agency (ACSSA) Contractors are required to have a Client Grievance Policy in place and to disclose the policy to all ACSSA clients during the Client Intake Process. As evidence that a Client Grievance Policy is in place and all ACSSA clients provided services by the Contractor have been made aware of its existence, Contractor must obtain the signature of each ACSSA client on a copy of the policy acknowledging they were made aware of it, understand it, and received a copy of the signed document. Contractor must also place a copy of the signed document in each
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20 client’s case file and make the files available for review by County staff upon request.
See Attachment A for a sample ACSSA Grievance Policy. An MS Word file of the ACSSA Grievance Policy Template is available through your ACSSA Contracts Office Liaison.
2. Outreach and Public Benefits:
Contractor shall utilize existing service delivery venues to provide information to clients about public benefits programs and other resources that will provide economic benefit and stability as they work towards economic self-sufficiency and achieving stable permanent housing. Examples of public benefits programs include but are not limited to CalFresh, Medi-Cal, CalWORKs, General Assistance (GA), Supplemental Security Income (SSI), and Refugee Cash Assistance (RCA).
a. Contractor shall help individuals and families obtain and maintain health coverage by providing Medi-Cal program application and renewal assistance.
3. Language Access Requirement for Contractors:
Please see Attachment B for more information regarding Limited English Proficient (LEP) client language access requirements for contractors with Alameda County.
4. Certification/Licensure:
All operations of food and meal services provided by Contractor will maintain the permits, certification, and licenses necessary to remain in compliance with applicable regulations from the local health department, the California Safety Code, and other relevant food safety guidelines. If applicable, food handling personnel will maintain current California Food Handler Cards.
5. Public Health and Safety Measures:
Provide services in a manner that follows the most current COVID-19 pandemic safety guidelines issued by the Alameda County Public Health Department and U.S. Center for Disease Control (CDC) for the safety of all staff, volunteers, and clients, and those with whom they come into contact. Provide health and safety information about COVID-19 to clients, volunteers, and staff as appropriate.
6. Changes to Scope of Services:
Contractor shall notify County immediately upon identification of a need for change in the scope of services outlined in this Agreement and obtain explicit approval of County before implementing any changes to the agreed upon scope of services. Approval shall be obtained through the ACSSA’s, Department of Workforce and Benefits Administration (WBA), Program Planning and Support (PP&S) Division.
7. Subcontracts and Associated Contracts:
Contractor shall provide to County within five (5) business days of request a copy of any pending or executed contracts utilizing funds from this Agreement, or in any way utilizing resources from, or impacting the scope of services in this Agreement to the County within five (5) business days of request.
Procurement Contract No. 27825
21 8. Contract Monitoring Requirements: WBA’s PP&S staff and ACSSA Contracts Office Liaison may at any time, monitor and conduct an evaluation of operations, which may include site visits and reviews of Contractor’s financial records and other records and materials to determine progress in the achievement of program goals and objectives and service criteria and requirements as specified within this agreement. A final report will be prepared by the PP&S staff and the ACSSA Contracts Office Liaison to provide feedback on areas of compliance and/or non-compliance. Contractor shall submit a written corrective action plan to the ACSSA Contracts Office Liaison in response to all findings of non-compliance. A follow-up monitor visit will be conducted to ensure that all corrective action measures have been completed and Contractor is in compliance with contract requirements. Contractor will be responsible for monitoring all subcontractors under this agreement.
X. Entirety of Agreement
Contractor shall abide by all provisions of the Standard Services Agreement General Terms and Conditions, all Exhibits, and all Attachments that are associated with and included in this contract.
Procurement Contract No. 27825
22 Attachment A
CLIENT GRIEVANCE POLICY
WHAT TO DO IF YOU HAVE A GRIEVANCE
If you have a complaint about the performance of CITY OF ALAMEDA staff, and/or you feel you have been treated unfairly, the following are the steps you should take to have your complaint heard:
1. Talk privately to the person with whom you have the problem. We encourage you to try first to work out the problem in an open and informal way.
2. If you do not feel comfortable talking with the person with whom you have the problem, or you do talk with them and are not satisfied with the outcome, you may make an appointment to speak with or submit a written complaint (which may be in your own language) to CITY OF ALAMEDA’s Executive Director or designee.
If you have good cause to use another medium to communicate your complaint, such as a tape recording, you may do so. The Executive Director or designee shall meet with you or provide you with a written response to your written complaint within ten (10) wor king days of the meeting or receipt of your written complaint.
3. Or, if you prefer, you may bypass the above steps and immediately contact the funding agency below:
Alameda County Social Services Agency
Contracts Office
2000 San Pablo Ave., 4th Floor
Oakland, CA 94612
Email: [email protected]
I certify that the information in this document was explained to my satisfaction in my own language and a copy of this form was given to me. I understand that by signing below, I hereby
authorize CITY OF ALAMEDA to release all my information pertaining to my grievance to the Alameda County Social Services Agency.
Clients Name (Printed) Date
Clients Signature
Procurement Contract No. 27825
23 ANEXO A
POLITICA PARA QUEJAS DE CLIENTES
QUÉ HACER SI USTED TIENE UNA QUEJA
Si tiene una queja acerca del desempeño del personal de CITY OF ALAMEDA o siente que se le ha tratado injustamente, tendrá que seguir los siguientes pasos para que su queja sea escuchada:
1. Hable en privado con la persona con quien tiene el problema. Le recomendamos que trate de solucionar el problema de una manera abierta e informal.
2. Si no se siente cómodo hablando con la persona con quien tiene el problema, o habla con esa persona y no está satisfecho/a con los resultados, puede hacer una cita para hablar con el director ejecutivo de CITY OF ALAMEDA o su representante, o enviarle la queja por escrito (la cual puede ser en su propio idioma). Si tiene una buena razón para utilizar otro medio de comunicar su queja, como una cinta de grabación, lo podrá hacer.
El director ejecutivo o el representante se reunirá con usted o le proveerá una respuesta por escrito a su queja en el plazo de diez (10) días hábiles a partir de su cita o de haber recibido su queja por escrito.
3. O, si usted prefiere, puede evitar los pasos previos y contactar, inmediatamente, al siguiente organismo de financiación:
Agencia de Servicios Sociales del Condado de Alameda
Contracts Office
2000 San Pablo Ave., 4th Floor
Oakland, CA 94612
Correo electrónico: [email protected]
Certifico que la información en este documento fue explicada para mi entera satisfacción y en mi propio idioma, y que se me dio una copia de este formulario. Comprendo que al firmar abajo autorizo a CITY OF ALAMEDA a que divulgue a la Agencia de Servicios Sociales del Condado de Alameda toda mi información en relación con mi queja.
Nombre del cliente (en la letra de imprenta) Fecha
Firma del cliente
Procurement Contract No. 27825
24 Attachment B
(Revised: 08/31/18)
LANGUAGE ACCESS REQUIREMENTS FOR CONTRACTORS
I. The Alameda County Social Services Agency (ACSSA) has developed and adopted a Master Plan on Language Access to ensure its limited-English proficient (LEP) clients are provided with language accessible services and communications. Under the plan’s provisions, community- based organizations (CBOs)/contractors whose services are contracted by the ACSSA:
A. Shall clearly disclose language access capabilities in relationship to the population served.
B. Shall have a plan in place—available for review upon request by County staff for referring clients whose language needs the contractor can’t accommodate.
C. Shall permit County staff to conduct ongoing monitoring of contracted services for compliance with provisions of the County’s Language Access Plan.
D. Shall provide the County with a list and copies of all printed contract-related marketing/promotional/education-related materials (including languages materials are printed in).
II. The ACSSA shall aid contracted CBOs in expanding language interpretation services through:
A. Providing CBOs/contractors with training, materials and instruction on how to effectively refer LEP clients to appropriate language resources.
B. Including service-marketing plan requirements in requests for proposals (RFPs) and contracts with CBOs that propose to offer language services (including appropriate outreach and notification of programs and services) to the LEP community and customers.
C. Developing a monitoring process of contracted services to ensure high- quality language accessible services are always provided to LEP clients.
D. Providing CBOs/contractors with access to telephone interpreters, a 24-hours-a-day, 365- days-a-year telephone language interpretation service in over 100+ languages — to supplement on-site language access services.
Procurement Contract No. 27825
25 Attachment C
CONFIDENTIALITY–CONTRACT PROVISIONS
Confidentiality: Contractor agrees to maintain the confidentiality of any information which may be obtained with this work. Contractor shall comply with whatever special requirements in this regard as are described or referred herein as in Exhibit A to this Agreement. Conf idential information is defined as all information disclosed to Contractor which relates to County’s past, present and future activities, as well as activities under this Agreement. Contractor will hold all such information in trust and confidence. Upon cancellation or expiration of this Agreement, Contractor will return to County all written or descriptive matter which contains any such confidential information. County shall respect the confidentiality of information furnished by Contractor to County as specified in Exhibit A or as otherwise provided by law.
Pursuant to contract provisions to protect confidential client data file records against any and all unauthorized practices as stated heretofore, the Contractor will:
1. Assume responsibility for all personnel having access to the client list in regard to the confidential nature of client information. Safeguard measures are required to protect civil and criminal sanctions for non-compliance as contained in applicable statutes.
2. Restrict access to client information to those authorized employees and officials who require access in the performance of their delivery of services under this contract.
3. Work with the information under the control of authorized personnel in a manner to protect the confidentiality of client data file records and in such a manner to protect against unauthorized retrieval by computer, remote terminals, or any unauthorized means.
4. Use ACSSA confidential client information provided to contractor for the purposes covered under the terms of this agreement. Any and all disclosure of client data file records, transactions or transmissions will be made only with prior written consent and authorization from the ACSSA.
5. Return to ACSSA any and all client confidential information contained in hard copy or computer files/disc generated by this agreement as required for confidential destruction. All such files are the legal sole property of the ACSSA.
6. Ensure project compliance with written corrective action plans as may be mandated by the County.
Procurement Contract No. 27825
26 EXHIBIT B
PAYMENT TERMS
I. County will use its reasonable efforts to make payment to Contractor upon successful completion and acceptance of the services listed in Exhibit A listed within thirty (30) days upon receipt and approval of invoice.
II. Total payment under the terms of this Agreement will not exceed the total amount of $60,000. This cost includes all taxes and all other charges.
III. Budget Revision Procedures:
A. Contractor shall be reimbursed in accordance with the contract budget as detailed in Exhibit B-1. Any budget adjustments, revisions to the service categories and service units within the contract must be approved by ACSSA Program Department prior to submitting invoices for payment to the County.
Contractor must submit a formal written (via e-mail) request for budget adjustment to [email protected]
for any contract budget adjustment with justification for requested expenditure revisions inclusive of specific impacts to current services being delivered. The request will be forwarded to the ACSSA Program Department for approval.
No supplemental billing will be accepted without Contractor’s prior notification and approval by ACSSA Program Department of the need and justification for revisions of the service categories, service units or contract budget (line-items or unit costs).
The County Auditor Controller’s Office will not pay for unauthorized service categories, service units and budget line-items that are revised or rendered by Contractor that are not approved by ACSSA Program Department and/or for claimed services that contract program monitoring findings indicate have not been provided.
IV. Invoicing Procedures
A. Invoice Submission Requirements
Invoices will include details of charges billed and a description of work performed in each billing period. Invoices will be sent on a monthly basis (in arrears). The ACSSA Finance Department has established a centralized Payments Unit. Please submit all invoices to Social Services Agency (ACSSA) Payables unit through CATS vendor portal; https://alamedacounty.agiloft.com/logins/alamedacounty-login.htm.
This unit will be your point of contact for all payment and invoicing matters. If you need additional assistance, please contact Beverly Warren, Financial Services Officer, at [email protected]
.
Procurement Contract No. 27825
27 Invoices must contain the following elements:
A. Must be on company letterhead that includes name, address, and contact information.
B. For Community Based Organizations, must be signed by the head of the organization, i.e., Executive Director, CEO, etc.
C. Document must contain the title Invoice.
D. The date of the invoice.
E. A description of services.
F. The date range for services provided.
G. If needed, itemization of any sales tax and delivery/postage charges.
H. The Purchase Order (PO) number provided by the County.
I. The total amount owed.
J. Remittance instructions/address.
K. A cc indication at the bottom of the invoice with names of people who received courtesy copies.
L. The CEO or Executive Director must be included in the cc.
M. All data as required by your contract, including participant’s full name, addition date, termination date, total additions and terminations, applicable charges, type of notification sent, vendor number, payee name, and invoice contract information.
B. Invoicing Instructions:
In-order for the County to meet year end closing deadlines, Contractors must submit their 4th quarter’s April and May invoices by June 10. The June invoice must be submitted by July 15.
V. Upon notice to proceed from County, Contractor shall perform in accordance with established schedules and all terms of this Agreement.
Procurement Contract No. 27825
28 EXHIBIT B-1
PROGRAM BUDGET
City of Alameda Winter Relief Services Program Budget
Grantee Name: City of Alameda
Program:
City of Alameda Winter
Relief Services Program
DIRECT COSTS:
FY 24/25
(Year 1) Total
PERSONNEL:
Annual
Salary % FTE
Project Manager $80,000.00 8.8% $4,000 $4,000
Outreach/Case Management
Services $128,000.00 10.0% $7,500 $7,500
Subtotal: $11,500 $11,500
Fringe Benefits & Rate rate: 23.0% $2,645 $2,645
SUBTOTAL: $14,145 $14,145
Program Maintenance and Operations
Staff Mileage $250 $250
Program Supplies/Cleaning Supplies/PPE $750 $750
Staff Cell Phones $350 $350
Technology/HMIS $450 $450
Insurance $265 $265
Client's Food/Meal Supplies $3,794 $3,794
Client's Supplies/Transportation $398 $398
Emergency Hotel Stays/Motel Vouchers $34,143 $34,143
SUBTOTAL: $40,400 $40,400
TOTAL DIRECT COSTS: $54,545 $54,545
Indirect (Finance, HR, and Development)
Admin. Costs may not exceed 10.0% $5,455 $5,455
GRAND TOTAL $60,000 $60,000
Funding only supports 3 clients for an average of 110 days each @$150 per night.
Procurement Contract No. 27825
29 EXHIBIT C
COUNTY OF ALAMEDA MINIMUM INSURANCE REQUIREMENTS
Without limiting any other obligation or liability under this Agreement, the Contractor, at its sole cost and expense, shall secure and keep in force during the entire term of the Agreement or longer, as may be specified below, the following minimum insurance coverage, limits and endorsements. The County reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. If the contractor maintains broader coverage and/or higher limits than the minimums shown below, the County requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the County
.
TYPE OF INSURANCE COVERAGES MINIMUM LIMITS
A Commercial General Liability
Premises Liability; Products and Completed Operations;
Contractual Liability; Personal Injury and Advertising
Liability
$1,000,000 per occurrence
(CSL) Bodily Injury and Property
Damage
B Commercial or Business Automobile Liability
All owned vehicles, hired or leased vehicles, non-owned, borrowed and permissive uses. Personal Automobile
Liability when extended to cover your business is
acceptable for individual contractors with no
transportation or hauling related activities
$1,000,000 per occurrence (CSL)
Any Auto or Hired and Non-Owned
Autos Bodily Injury and Property
Damage
C Workers’ Compensation (WC) and Employers
Liability (EL)
As required by State of California
WC: Statutory Limits
EL: No less than $1,000,000 per
accident for bodily injury or
disease
D Endorsements and Conditions:
1. ADDITIONAL INSURED: County of Alameda, its Board of Supervisors, the individual members thereof, and all County officers, agents, employees, volunteers, and representatives are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of
both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). Auto policy shall contain, or be endorsed to contain additional insured coverage for the County.
2. DURATION OF COVERAGE: All required insurance shall be maintained during the entire term of the Agreement. In addition, Insurance policies and coverage(s) written on a claims- made basis shall be maintained and evidence of insurance must be provided during the entire term of the Agreement and for at least five (5) years following the later of termination
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30 of the Agreement and acceptance of all work provided under the Agreement, with the retroactive date of said insurance (as may be applicable) concurrent with the commencement of activities pursuant to this Agreement. If coverage is cancelled or non- renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work. Proof of workers’ compensation insurance coverage is not required if contractor provides a signed Workers Compensation Written
Declaration of Compliance.
3. REDUCTION OR LIMIT OF OBLIGATION: All insurance policies, including excess and umbrella insurance policies, shall be primary and non-contributory coverage at least as broad as ISO CG 20 10 04 13 as respects the County, its officers, officials, employees, or volunteers. Any insurance or self-insurance maintained by the County, its officers, officials, employees, or volunteers shall be excess of the Contractor’ insurance and shall not contribute with it. Pursuant to the provisions of this Agreement insurance effected or procured by the Contractor shall not reduce or limit Contractor’s contractual obligation to indemnify and defend the Indemnified Parties.
4. INSURER FINANCIAL RATING: Insurance shall be maintained through an insurer with an A.M. Best Rating of no less than A:VII or equivalent, shall be admitted to the State of California unless otherwise acceptable by Risk Management, and with deductible amounts acceptable to the County. Acceptance of Contractor’s insurance by County shall not relieve or decrease the liability of Contractor hereunder. Self-insured retentions must be declared and approved. Any deductible or self-insured retention amount or other similar obligation under the policies shall be the sole responsibility of the Contractor. The policy language shall provide or be endorsed to provide, that the self –insured retention may be satisfied by either the named insured
or County.
5. SUBCONTRACTORS: Contractor shall include all subcontractors as an insured (covered party) under its policies or shall verify that the subcontractor, under its own policies and endorsements, has complied with the insurance requirements in this Agreement, including
this Exhibit.
6. JOINT VENTURES: If Contractor is an association, partnership or other joint business venture, required insurance shall be provided by one of the following methods:
Separate insurance policies issued for each individual entity, with each entity included as a “Named Insured” (covered party), or at minimum named as an “Additional Insured” on the other’s policies. Coverage shall be at least as broad as in the ISO Forms named above.
Joint insurance program with the association, partnership or other joint business venture included as a “Named Insured”.
7. CANCELLATION OF INSURANCE: Each insurance policy required above shall provide that coverage shall not be cancelled, except with notice of cancellation provided to the County in accordance with policy terms and conditions.
8. CERTIFICATE OF INSURANCE: Before commencing operations under this Agreement, Contractor shall provide Certificate(s) of insurance and applicable insurance endorsements as set forth in the provisions of this Agreement and this Exhibit C, in forms satisfactory to County, evidencing that all required insurance coverage is in effect. However, failure to
Procurement Contract No. 27825
31 obtain the required documents prior to the work beginning shall not waive the Contactor’s obligation to provide them. The County reserves the right to require the Contractor to provide complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Certificate C-1 Form 2001-1 (Rev. 06/25/18)
Procurement Contract No. 27825
32 EXHIBIT D
COUNTY OF ALAMEDA
DEBARMENT AND SUSPENSION CERTIFICATION
(Applicable to all agreements funded in part or whole with federal funds and contracts over $25,000)
The contractor, under penalty of perjury, certifies that, except as noted below, contractor, its principals, and any named and unnamed subcontractor:
• Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency;
• Has not been suspended, debarred, voluntarily excluded or determined ineligible by any federal agency within the past three years;
• Does not have a proposed debarment pending; and
• Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three years.
If there are any exceptions to this certification, insert the exceptions in the following space.
For any exception noted, indicate to whom it applies, initiating agency, and dates of action.
Exceptions will not necessarily result in denial of award, but will be considered in determining contractor responsibility.
Notes: Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the Community Based Organization Master Contract. Signing this Contract on the signature portion thereof shall also constitute signature of this Certification.
CONTRACTOR: CITY OF ALAMEDA
PRINCIPAL: Amy Wooldridge TITLE: $City Manager
SIGNATURE
:
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Procurement Contract No. 27825
33 EXHIBIT E
AUDIT REQUIREMENTS
The County contracts with various organizations to carry out programs mandated by the Federal and State governments or sponsored by the Board of Supervisors. Under the Single Audit Act Amendments of 1996 (31 U.S.C.A. §§ 7501-7507) and Board policy, the County has the responsibility to determine whether organizations receiving funds through the County have spent them in accordance with applicable laws, regulations, contract terms, and grant agreements. To this end, effective with the first fiscal year beginning on and after December 26, 2014, the following are required.
I. AUDIT REQUIREMENTS
A. Funds from Federal Sources:
1. Non-Federal entities which are determined to be subrecipients by the supervising department according to 2 CFR § 200.330 and which expend annual Federal awards in the amount specified in 2 CFR § 200.501 are required to have a single audit performed in accordance with 2 CFR § 200.514.
2. When a non-Federal entity expends annual Federal awards in the amount specified in 2 CFR § 200.501(a) under only one Federal program (excluding R&D) and the Federal program's statutes, regulations, or terms and conditions of the Federal award do not require a financial statement audit of the auditee, the non-Federal entity may elect to have a program -specific audit conducted in accordance with 2 CFR § 200.507 (Program Specific Audits).
3. Non-Federal entities which expend annual Federal awards less than the amount specified in 2 CFR § 200.501(d) are exempt from the single audit requirements for that year except that the County may require a limited -scope audit in accordance with 2 CFR § 200.503(c).
B. Funds from All Sources:
Non-Federal entities which expend annual funds from any source (Federal, State, County, etc.) through the County in an amount of:
1. $100,000 or more must have a financial audit in accordance with the U.S.
Comptroller General’s Generally Accepted Government Auditing Standards (GAGAS) covering all County programs.
2. Less than $100,000 are exempt from these audit requirements except as otherwise noted in the contract.
Procurement Contract No. 27825
34 Non-Federal entities that are required to have or choose to do a single audit in accordance with 2 CFR Subpart F, Audit Requirements are not required to have a financial audit in the same year. However, Non-Federal entities that are required to have a financial audit may also be required to have a limited-scope audit in the same year.
C. General Requirements for All Audits:
1. All audits must be conducted in accordance with Generally Accepted Government Auditing Standards issued by the Comptroller General of the United States (GAGAS).
2. All audits must be conducted annually, except for biennial audits authorized by 2 CFR § 200.504 and wh ere specifically allowed otherwise by laws, regulations, or County policy.
3. The audit report must contain a separate schedule that identifies all funds received from or passed through the County that is covered by the audit.
County programs must be identified by contract number, contract amount, contract period, and amount expended during the fiscal year by funding source. An exhibit number must be included when applicable.
4. If a funding source has more stringent and specific audit requirements, these requirements must prevail over those described above.
II. AUDIT REPORTS
A. For Single Audits
1. Within the earlier of 30 calendar days after receipt of the auditor’s report or nine months after the end of the audit period, the auditee must electronically submit to the Federal Audit Clearinghouse (FAC) the data collection form described in 2 CFR § 200.512(b) and the reporting package described in 2 CFR § 200.512(c).
The auditee and auditors must ensure that the reporting package does not include protected personally identifiable information. The FAC will make the reporting package and the data collection form available on a web site and all Federal agencies, pass-through entities and others interested in a reporting package and data collection form must obtain it by accessing the FAC. As required by 2 CFR § 200.512(a)(2), unless restricted by Federal s tatutes or regulations, the auditee must make copies available for public inspection.
2. A notice of the audit report issuance along with two copies of the management letter with its corresponding response should be sent to the County supervising department within ten calendar days after it is submitted to the FAC. The County supervising department is responsible for forwarding a copy of the audit
Procurement Contract No. 27825
35 report, management letter, and corresponding responses to the County Auditor within one week of receipt.
B. For Audits other than Single Audits
At least two copies of the audit report package, including all attachments and any management letter with its corresponding response, should be sent to the County supervising department within six months after the end of the audit year, or other time frame as specified by the department. The County supervising department is responsible for forwarding a copy of the audit report package to the County Auditor within one week of receipt.
III. AUDIT RESOLUTION
Within 30 days of issuance of the audit report, the entity must submit to its County supervising department a corrective action plan consistent with 2 CFR § 200.511(c) to address each audit finding included in the current year auditor’s report. Questioned costs and disallowed costs must be resolved according to procedures established by the County in the Contract Administration Manual.
The County supervising department will follow up on the implementation of the corrective action plan as it pertains to County programs.
IV. ADDITIONAL AUDIT WORK
The County, the State, or Federal agencies may conduct additional audits or reviews to carry out their regulatory responsibilities. To the extent possible, these audits and reviews will rely on the audit work already performed under the audit requirements listed above.