FIRST AMENDMENT TO AGREEMENT
This First Amendment to Agreement (“First Amendment”) is made by the County of Alameda (“County”) and City of San Leandro, (“Contractor”) with respect to that certain agreement, Master Contract No. 902012, Procurement Contract No. 24823, dated as of October 1, 2022 (referred to herein as the “Agreement”) pursuant to which Contractor provides Mid-County Shelters - Operating Subsidies services to County.
For valuable consideration, the receipt and sufficiency of which are hereby acknowledged, County and Contractor agree to amend the Agreement in the following respects:
Except as otherwise stated in this First Amendment, the terms and provisions of this First Amendment will be effective as of the date this First Amendment is executed by the County.
The term of the Agreement expired on June 30, 2023. As of the date this First Amendment is executed by the County, the term of the Agreement is extended through June 30, 2024.
In consideration for Contractor’s additional services, the County shall pay Contractor in an additional amount not to exceed five hundred twenty-four thousand dollars ($524,000). As a result of these additional services the not to exceed amount has increased from five hundred thousand, ninety-one dollars ($500,091) to one million, twenty-four thousand, ninety-one dollars ($1,024,091) over the term of the Agreement and any amendments.
Item 8, Payment, has been amended and replaced with the following:
PAYMENT: For services performed in accordance with this Agreement, payment shall be made to Contractor as provided in Exhibit B and Exhibit B1-1 hereto.
Item 20, Termination, is amended and replaced by the following:
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 and Exhibit B1-1 hereto, provided that the maximum amount payable to Contractor for their Mid-County Shelters - Operating Subsidies shall not exceed $1,024,091 payment for services provided hereunder prior to the effective date of said suspension, termination or abandonment.
Exhibit A1, Program Description and Performance Requirements, is incorporated into this Agreement by this reference.
Exhibit B1-1, Terms and Conditions for Payment, is incorporated into this Agreement by this reference , amends and supersedes Exhibit B as of July 1, 2023.
Attached hereto is Exhibit D1, a current Debarment and Suspension Certificate executed by Contractor.
Attached hereto is Exhibit F, The Iran Contracting Act (ICA) of 2010, is incorporated into this Agreement by this reference.
Except as expressly modified by this First Amendment, all of the terms and conditions of the Agreement are and remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Agreement as of the day and year this First Amendment is executed by the County.
COUNTY OF ALAMEDA
CITY OF SAN LEANDRO
By:__________________________ ____
Signature
By:_____________________ ________
Signature
Name: Colleen Chawla . (Printed)
Name: Fran Robustelli .. (Printed)
Title: Director, Health Care Services Agency
Title: City Manager .
Date:____________ _______________
Date:_____________________ ______
Approved as to Form: DONNA R. ZIEGLER
County Counsel, County of Alameda
By:_________________________ ______
K. Joon Oh
Deputy County Counsel
Approved as to Form: Richard D. Pio Roda, City Attorney By:
Richard D. Pio Roda
City Attorney
By signing above, signatory warrants and represents that he/she executed this First Amendment in his/her authorized capacity and that by his/her signature on this First Amendment, he/she or the entity upon behalf of which he/she acted, executed this First Amendment.
EXHIBIT A1
PROGRAM DESCRIPTION AND PERFORMANCE REQUIREMENTS
Contractor Name: City of San Leandro
Contracting Department: Health Care Services Agency (HCSA) Office of Homeless Care and Coordination (OHCC)
Original Term: 10/01/2022 – 6/30/2023
Original Amount: $500,091
First Amendment Term: 07/01/2023 – 6/30/2024 (extension of 12 months) First Amendment Amount: $1,024,091 (increase of $524,000 amount) The City of San Leandro shall utilize HHAP funds towards the provision of the following services:
Operating subsidies in new and existing affordable or supportive housing units, emergency shelters, non-congregate shelters, interim or bridge housing, and navigation centers. Operating subsidies may include operating reserves.
Services Coordination which may include access to workforce, education, training programs, or other services needed to promote housing stability in supportive housing Funding Overview:
HHAP guidelines specify spending and reporting must be informed by a best practices’ framework focused on moving homeless individuals and families into permanent housing and ensuring those individuals and families to maintain their permanent housing:
I. “Homeless,” as defined in Section 578.3 of Title 24 of the Code of Federal Regulations.
II. Housing-related activities funded with HHAP funds must be in compliance or otherwise aligned with the Core Components of Housing First, pursuant to Welfare and Institution Code Section 8255(b).
III. Pursuant to Assembly Bill 977, all HHAP funded projects must enter data into the local Homeless Management Information System (HMIS) (see Exhibit A – Reporting & Evaluation Requirements section for more information).
The HHAP Grant Agreement is incorporated into this Agreement by this reference and may be relied upon to interpret this Agreement.
Program Names and Locations:
San Leandro Shelter- (Interim Housing)
Saint Leanders Parish
501 Davis St.
San Leandro, CA 94577
Sister Me Home –(Interim Housing)
Site does not disclose location to ensure confidentiality Central Office Location: 1840 Fairway Dr. San Leandro, CA 94577 San Leandro Cooling Center- (Cooling and Warming Center) Church of Christ
601 MacArthur Blvd.
San Leandro, CA 94577
San Leandro Warming Center- (Cooling and Warming Center)) First United Methodist Church
1600 Bancroft Ave.
San Leandro, CA 94577
Contracted Services:
Interim Housing will support the operations at two homeless shelters in San Leandro that provide one-on-one case management, including assistance to rapidly secure and obtain permanent housing. The City of San Leandro will subcontract with Building Futures to operate the sites.
Cooling and Warming Centers will provide one winter warming and one summer cooling site for individuals experiencing homelessness, with indoor shelter on scheduled days in which inclement weather is anticipated (cold, heat and bad air quality). The City of San Leandro will subcontract with the Housing Consortium of the East Bay to operate the two sites.
The Summer Cooling Center provides individuals experiencing homelessness with indoor shelter on high heat or poor air quality days (forecast of 90 degrees Fahrenheit or higher, or 201 Air Quality Index or higher) during the months in which high temperatures are anticipated. In addition, the Summer Cooling Center provides two meals per day, shower service, and access to support including referrals to resources, and housing navigation. The Cooling Center will serve a minimum of 35 unduplicated homeless individuals per week when open more than one day/week. The Cooling Center capacity is 25 guests per day.
HHAP funds shall be used for the operations and administration of the projects.
Project Goals:
Provide low-barrier, compassionate, and non-judgmental services to literally homeless individuals.
Assist literally homeless individuals to rapidly obtain permanent housing.
Capture data in real-time in the Homeless Management Information System (HMIS) on all participants served and all significant services rendered.
HMIS project enrollments (one project for each site) for each participant accessing services.
HMIS annual assessments as necessary for participants enrolled one year or longer Numbers Served: Captures numbers of individuals served by various sub-population breakdowns.
Outcomes: Captures changes in homeless status Annual Performance Report (all, veterans, youth) Supplemental: Captures changes in homeless status annual Performance Report (CH, race, ethnicity, gender) Target Population:
HHAP funds will be utilized to provide low-barrier, compassionate, and non-judgmental shelter and case management to individuals experiencing homelessness in Alameda County.
Shelters (Interim Housing): will accept referrals for women and children experiencing homelessness in Alameda County on the Crisis Queue and referred through the Mid County Resource Center. The Sister Me Home Domestic Violence Shelter serves women and children fleeing violent environments. The provider will work with community services and utilize CES to accept referrals.
Cooling and Warming Centers: will provide individuals experiencing homelessness with indoor shelter on days in which inclement weather (high temperature, cold/rain, and bad air quality) is anticipated. In addition, the Centers will provide meals, and access to support including referrals to resources and housing navigation. Drop-ins will be welcomed and referrals accepted from non-profit organizations, public agencies, faith-based organizations, and Coordinated Entry.
Program Outcomes:
The contractor agrees to the following program success measures:
Process Objectives and Performance Measures
For each project listed below, subrecipient shall meet the following objectives, utilizing the County-adopted Results-Based Accountability (RBA) performance targets:
San Leandro Shelter (Interim Housing)
Cooling and Warming Center
San Leandro Shelter
Objective Type
Program Deliverable
Performance Measure
Data Source
How Much?
Enrollment and Services
Provide unhoused individuals with a safe and supported environment Guests will receive stabilization services
Serve a target of (30) unduplicated individuals at any point in time Serve 100 women and children each year
HMIS Intake and Assessments
Is Anyone Better Off?
Obtaining or maintaining mainstream benefits
At least of 80% of participants in accessing mainstream benefits.
HMIS
Maintenance of, or increases in income
Guests receive stabilization and supportive services necessary to become self- reliant, self-sufficient, and able to secure a more permanent housing situation.
Guests will receive support with housing navigation services with the goal of helping individuals move from the shelter to transitional and permanent housing.
At least 75% of consumers will have maintained or increased their income from program entry to their most recent update/ exit assessment. 80% of participants will access mainstream benefits
75% of enrolled participants increase or maintain income
30% of enrolled participants exiting to permanent housing
HMIS Intake and Assessments
How Well?
Prevent homelessness
Stabilize and transition to permanent housing and ongoing supportive services Less than 10% of enrolled consumers will exit the hotel to the streets, unknown, or other destinations (# exits from hotel to unstable situation/# enrolled consumers).
Target average length of participation in shelter is 180 days or less HMIS Intake and Assessments
Sister Me Home Shelter
Objective Type
Program Deliverable
Performance Measure
Data Source
How Much?
Provide unhoused individuals with a safe and supported environment Guests will receive stabilization services
Serve a target of (20) unduplicated individuals
Serve up to 200 people/year
HMIS Intake and Assessments
Is Anyone Better Off?
Guests receive stabilization and supportive services necessary to become self- reliant, self-sufficient, and able to secure a more permanent housing situation. 80% of participants will access mainstream benefits
75% of enrolled participants increase or maintain income
30% of enrolled participants exiting to permanent housing HMIS Intake and Assessments
How Well?
Stabilize and transition to permanent housing and ongoing supportive services Target average length of participation in shelter is 180 days or less HMIS Intake and Assessments
San Leandro Cooling Center
Objective Type
Program Deliverable
Performance Measure
Data Source
How Much?
Provides individuals experiencing homelessness with indoor shelter on high heat or poor air quality days.
Provide stabilization support and access to resources, including housing navigation.
Serve up to 25 guests per day when the Cooling Center is open Serve a minimum of 35 unduplicated homeless individuals per week when the Cooling Center is open more than one day/week.
HMIS Intake and Assessments
Is Anyone Better Off?
Support the health and safety of individuals experiencing homelessness during harsh weather and air quality conditions. 75% of guest will be connected to ongoing support resources HMIS Intake and Assessments
How Well?
Provide a welcoming, safe, sanitary, and inclusive environment for all.
Ensure that all Alameda County Department of Public Health COVID-19 health and safety protocols are followed. 80% of guest will participate in a satisfaction survey to identify areas that will improve service delivery, program effectiveness, and client outcomes 80% of guest will self-report that Cooling Center Environment was welcomed, safe, sanitary and inclusive.
HMIS Intake and Assessments
Survey
San Leandro Warming Center
Objective Type
Program Deliverable
Performance Measure
Data Source
How Much?
Provide individuals experiencing homelessness with overnight shelter on scheduled days during the months in which inclement weather is anticipated.
Provide stabilization support and access to resources, including housing navigation Serve up to 25 guests per night
HMIS Intake and Assessments
Is Anyone Better Off?
Support the health and safety of individuals experiencing homelessness during harsh weather conditions. 75% of guests will be connected to ongoing support resources HMIS Intake and Assessments
How Well?
Provide a welcoming, safe, sanitary, and inclusive environment for all.
Ensure that all Alameda County Department of Public Health COVID-19 health and safety protocols are followed. 80% of guests will participate in a satisfaction survey to identify areas that will improve service delivery, program effectiveness, and client outcomes 80% of guests will self-report that the Warming Center environment was welcoming, safe, sanitary and inclusive.
HMIS Intake and Assessments
Survey
Reporting & Evaluation Requirements:
For every participant served, Contractor will:
Comply with the following HMIS data entry requirements:
Create a/an HMIS project(s) following the guidelines set forth in CA AB977; Ensure HMIS projects correctly identify appropriate funding sources for segmentation at the participant level to facilitate State-level reporting requirements (i.e., Homeless Housing, Assistance and Prevention (HHAP) funding for shelter support, separated by individual project.) Complete all entry/exit Universal Data Elements (UDEs), Common Data Elements (CDEs), and Item W5 of the Individual Federal Partner Program Elements in HMIS; Provide real-time (within twenty-four hours) data entry of all participants served into the HMIS. At a minimum, this includes the HMIS intake and project entries/exits, and services provided, as applicable; Comply with the following HMIS reporting requirements:
Generate and extract “Annual Performance Reports (APRs)” from the HMIS for each individual project type (i.e., Rapid Re-housing, Homeless Prevention, or relevant project); APRs will reflect the unduplicated total of persons served (including homeless persons or persons at imminent risk of homelessness); APRs shall not exceed 5% of null values in Questions 6a-f (Data Quality Sections); and APRs will be submitted:
On a monthly basis – APRs shall accompany every monthly invoice and will reflect services provided during the invoiced period; and On a quarterly basis – APRs shall accompany each Quarterly Outcomes Report and will reflect services provided during the quarterly period.
Provide Alameda County Health Care Services Agency with a dedicated point of contact for data quality and reporting (a ‘data lead’).
Complete all entry/exit Universal Data Elements (UDEs) in HMIS.
Provide real-time (within twenty-four hours) data entry of all participants served into the HMIS. At a minimum, this includes the HMIS intake and project entries/exits, and services provided, as applicable.
Provide an HMIS “Annual Performance Report (APR)” report for the duration of the monthly period, reflecting the unduplicated total of persons served (including homeless persons or persons at imminent risk of homelessness served). APR shall be extracted from the County’s HMIS and shall not exceed 5% of null values in Questions 6a-f of the APR (Data Quality Sections).
APRs must be submitted for each individual project type (i.e., Rapid Re-housing, Homeless Prevention, or relevant project) reports as demonstrated within the Quarterly Outcomes Reporting. Quarterly Outcomes Reporting will require the following components:
Brief Description of Contract Services Specific to the Quarterly Fiscal Year.
APR for each individual project type Specific to the Quarterly Fiscal Year.
Number of Unduplicated Participants Served in Quarterly Fiscal Year.
Annual Target Number of Unduplicated Participants to be Served per Year.
Number of Unduplicated Participants Served Fiscal Year to Date.
Brief Narrative to Highlight Accomplishments Specific to the Quarterly Fiscal Year.
Brief Narrative to Highlight Challenges Specific to the Quarterly Fiscal Year.
Ensure HMIS projects correctly identify appropriate funding sources for segmentation at the participant level to facilitate State-level reporting requirements (i.e., Homeless Housing, Assistance and Prevention (HHAP) funding for shelter support, separated by individual project.) County shall have on-demand access to HHAP HMIS data and will regularly, but no less frequently than monthly, pull these data sets to create program performance dashboards on program outcomes listed above. Contractor agrees to work iteratively with County staff if data quality issues are identified during the course of reporting evaluation and dashboard creation, and to correct all data entry errors identified by County staff in a timely manner.
In the event HMIS is not available for a prolonged period, Contractor agrees to work with County staff to develop a comparable interim data collection solution. This interim solution shall pertain to all provisions in this Exhibit that otherwise refer to HMIS data collection, until such time as HMIS becomes sufficiently available and staff can be trained to use it. Contractor further agrees to ensure that all data recorded in this interim solution is eventually transferred to HMIS when it becomes available for use.
Contractor further agrees to ensure that all data recorded in this interim solution is eventually transferred to HMIS when it becomes available for use.
Provide spending reports and accompanying documentation, with format and frequency as required by other funding sources.
Contractor must undertake continuous quantitative and qualitative (extracted from HMIS) evaluation of the Scope of Services as specified in this Agreement and shall share quarterly and annual written reports as demonstrated within HMIS.
Capture data for Domestic Violence shelter reporting requirements for HHAP funds on all participants served and all significant services rendered, inputted and extracted from an HMIS-comparable database system, including:
a. Numbers Served: Captures number of individuals and households served by various sub-population breakdowns. b. Outcomes: Captures exit destination of populations covered by the APR (all, veterans, youth) c. Supplemental: Captures exit destination of populations not covered by the APR (CH, race, ethnicity, gender) Numbers reported should be persons served by the entire project regardless of how much of the project was funded by HHAP.
Reports as demonstrated in Exhibit B1-1
Quarterly Reporting Deadlines:
Service Period
Due to County
Q1 07/01/2023 – 09/30/2023
10/15/2023
Q2 10/01/2023 - 12/31/2023
01/15/2024
Q3 01/01/2024 - 03/31/2024
04/15/2024
Q4 04/01/2024 - 06/30/2024
07/15/2024
Program Monitoring:
The County staff liaison will facilitate program monitoring, which may include a review of operations, participant eligibility, participant records, including any required releases or documentation for federal/county funding, backup documentation for reporting progress towards meeting service and outcome objectives, coordination and communication with The City of San Leandro and Alameda County, and coordination with service providers who come to the site or serve as participant referrals.
Fiscal Compliance and Contract Monitoring:
Fiscal monitoring may include review of the Grantee's organizational budget, the general ledger, quarterly balance sheet, cost allocation procedures and plan, State and Federal tax forms, audited financial statement, fiscal policy manual, supporting documentation for selected invoices, cash receipts and disbursement journals.
Compliance monitoring will include review of Personnel Manual, Policy Manuals or Documentation, Compliance with the Americans with Disabilities Act, subcontracts, and MOUs.
The County staff liaison will visit the project site periodically to review records and observe activities. The Contractor will provide participants' names, addresses, and telephone numbers to designated County staff liaison(s) in accordance with applicable laws and regulations.
Additional Requirements:
Contractor agrees that only the following reasons, adapted from the Alameda County Shelter Standards Section A.36, may be used as a basis for discharge from the shelter. Only the following reasons may be used as a basis for discharge from a shelter facility:
Possession of a weapon at the facility
Possession of illegal drugs on premises. If alcohol or drugs are found, participant should be given the opportunity to dispose of the prohibited substance or leave the shelter for that night if they do not wish to dispose of the prohibited substance. A violation of this policy cannot be a reason for discharge unless the violation compromises the health or safety of other participants or staff, or repeatedly interferes with the rights of other participants to peaceful enjoyment of the facility.
Assault or other violent behavior
Theft
Destruction of property
Restraining order precludes continued residence
Participant behavior endangers health or safety of participants or staff Repeated interference with the rights of other participants to peaceful enjoyment of the facility.
Presence of infectious disease that significantly increases the risk of harm to other participants. Note that participants with lice or scabies or exhibiting symptoms of TB should be allowed to stay in shelter and sent to a health care provider for treatment as soon as possible. Precautions should be taken to avoid spreading as feasible. Noncompliance with treatment or containment measures that endangers other participants may be cause for discharge.
Participant requires care and supervision to manage their activities of daily living (feeding, toileting, selecting proper attire, grooming, maintaining continence, putting on clothes, bathing, walking and transferring) without appropriate supports available on-site. Individuals discharged due to care and supervision needs cannot be discharged to the streets.
Participants may be discharged for refusing to work towards a housing plan and/or refusing multiple housing opportunities; however, evidence must be present that shelter and respite staff actively attempted to engage the participants in services designed to support an exit to stable permanent housing with consideration given to each participants barriers to engagement.
Contractor may not impose arbitrary lengths of stay for participants who are otherwise compliant with these protocols. Any discharge for a violation of these protocols must be fully documented (for example, in agency case notes) and made available to County, upon request. Participants who are discharged shall be afforded the opportunity to file a grievance. Contractor agrees to establish a grievance policy for the shelter and respite programs that shall comply with any Alameda County Coordinated Entry System grievance policy guidelines.
While participants may be encouraged to get a TB test, lack of a test cannot be used as a reason for discharge. If a participant exhibits symptoms of TB and does not comply with testing and treatment recommendations, the participant may be discharged to protect the health and safety of other participants and staff.
Certification/Licensure/ Confidentiality
Contractor will maintain all required licenses and special permits issued by federal, state, and local agencies related to the services it provides.
Contractor shall conform to all federal and state laws relating to confidentiality of patients’ medical information, including but not limited to HIPAA and HITECH when applicable.
EXHIBIT B1-1
TERMS AND CONDITIONS FOR PAYMENT
Unless expressly modified by this Exhibit B1-1, all of the terms and conditions of the Exhibit B are and remain in full force and effect Budget Summary (07/01/2023 - 6/30/2024)
Contractor’s expenditures shall be in accordance with the chart set forth below.
Project
Initial Contract Amount (10/1/2022 – 6/30/2023)
Amended Contract Amount (07/01/2023 – 06/30/2024)
Updated Budget
Interim Housing
San Leandro Shelter
$300,091
$200,000
$500,091
Sister Me Home Shelter
$200,000
$124,000
$324,000
Cooling and Warming Centers
$200,000
$200,000
TOTAL
$500,091
$524,000
$1,024,091
HHAP allowable funds are limited to:
Operating subsidies in new and existing affordable or supportive housing units, emergency shelters, non-congregant shelters, interim or bridge housing, and navigation centers. Operating subsidies may include operating reserves.
Services Coordination which may include access to workforce, education, training programs, or other services needed to promote housing stability in supportive housing Funding Sources:
Original Contract
HHAP Round 1, 2
$500,091
Amendment #1
HHAP Round 3
$331,178
HHAP Round 4
$192,822
Total
$1,024,091
Terms and Conditions of Payment:
The funding amount under the terms of this Exhibit B1-1 for services provided under Exhibit A1 is $524,000 and the total reimbursement shall not exceed the total dollar awarded ($1,024,091) under the terms of this Agreement. Funds shall be used solely in support of the program budget above.
Any start-up expenditures or other advance payment are subject to the County’s Cash Advance Policy and Government Code 11019:
Contractor must be a community-based, private, nonprofit organization.
Advance payments will be considered at the beginning of the contract period on a case-by-case basis in response to critical financial need and the inability to reasonably meet payroll and operating expense requirements in a timely manner.
A cash advance may be granted only once a year at the beginning of the contract period for expenses associated only with Alameda County contracts and is not to exceed the equivalent of the value of the contract divided by the number of months in the contract.
The cash advance must be repaid in cash and include a recoupment plan.
Any cash advance request must be in the form of a letter from the organization’s Executive Director submitted to the supervising department, with a Cash Advance Request Form completed. Departments will review each request within three weeks and forward the request to the Auditor for processing. The reason for any denial will be stated in writing to the Contractor.
Contractor shall invoice the County not more than monthly for actual expenses incurred.
The final invoice shall be for an amount not to exceed the remaining balance of the contract. The final invoice and accompanying reports must be received no later than August 1, 2024.
Budgets amounts may vary between line items only with HCSA written consent. Funds shall be used solely in support of the project’s program budget.
All invoices must be accompanied by reports described in Exhibit A1 upon contract execution.
County shall use best efforts to process invoices submitted for reimbursement by Contractor within forty-five (45) working days of receipt, review, and approval of complete and accurate invoice, reports, and any other back up documentation, information, or reports as requested.
Invoicing Procedures:
Invoices must include:
Purchase Order (PO) number
invoice date
invoice number
service period
contract balance
actual expenditures (which may not exceed the budget in Exhibit B1) invoice total amount
accompanied by all required reports as delineated in the Reporting & Evaluation Requirements section in Exhibit A Any other back up documentation, information, or reports as requested, and invoice shall be emailed to:
Phonethip Hill: [email protected]
CC: [email protected]
B. Contractor shall ensure that all sub-contracts, scopes of services, line-item budgets, budget narratives and required reports are submitted in the format as set forth by County, State and Federal mandates depending on funding sources. The decision to approve or disapprove any subcontracts will be based on the information contained in the contract documents. Therefore the contracts must, as applicable, describe the activities or functions involved, a time schedule, a justification for the performance by a third-party, rate of compensation, a breakdown of and justification for the estimated costs, including the manner in which indirect costs, if any, will be reimbursed, the grant policies and requirements that are applicable to sub-contractor, other policies and procedures to be followed, the maximum amount of money for which Contractor may become liable under the agreement, and the cost principles to be used in determining allowable costs in the case of cost-type contracts.
The County and/or Auditor-Controller may withhold payment of all or a portion of Contractor’s claim for reimbursement of expenses when the Contractor has not complied with provisions of the current Agreement or a prior Agreement. Such matters of non-compliance may include, but are not restricted to, the delivery of patient and related services, submission of consumer service data and required reports, submission of documents supporting reimbursement requests which verify expenditures incurred, maintenance of proper records, submission of revenue reports, disallowance as a result of interim audit or financial compliance evaluations, or other conditions as required in this Agreement by Federal, State or County regulations. If payment of claims is to be delayed, the following procedures will be followed:
Contractor shall be notified by telephone within seven (7) working days of the receipt by County of Contractor’s claim if there is a reason for delaying or withholding payment.
The County shall provide written confirmation of reason(s) for delaying or withholding payment if the matter cannot be resolved within ten (10) working days of receipt of claim.
The County shall not be required to give written notice of the withholding action if an invoice must be held pending revisions, corrections, or amendments. It is the Contractor’s responsibility to correct invoice documents. In all cases, the Contractor shall be notified of the errors and corrective action needed. The withholding action shall be discussed with the Contractor at the time errors are brought to the Contractor’s attention. The County may, with Contractor’s consent, make minor adjustments on invoices to correct mathematical/typographical errors to expedite the claims process.
D. Contractor shall submit all final claims for reimbursement under this Agreement within forty-five (45) days following the expiration of this Agreement. All claims submitted after forty-five (45) days following the expiration date of this Agreement will not be subject to reimbursement by the County. Any "obligations incurred" which are included in the claims for reimbursement and paid by the County, but which remain unpaid by the Contractor after forty-five (45) days following the expiration date of the Agreement will be disallowed under audit by the County.
Sub-Contractor Requirements:
If a portion of the services under this Agreement are to be performed by a third-party, Contractor must submit a formalized agreement to the County for approval prior to the execution of the contract and the provision of services by the sub-contractor. Failure to initiate, request, and receive written prior approval of sub-contractor may result in the disallowance of payments to the third-party.
Contractor shall ensure that all subcontracts, scopes of services, line-item budgets and budget narratives are submitted in the format as set forth by County, State and Federal mandates depending on funding sources. The decision to approve or disapprove any sub-contracts will be based on the information contained in the contract documents. Therefore the contracts must, as applicable, describe the activities or functions involved, a time schedule, a justification for the performance by a third-party, rate of compensation, a breakdown of and justification for the estimated costs, including the manner in which indirect costs, if any, will be reimbursed, the grant policies and requirements that are applicable to sub-contractor, other policies and procedures to be followed, the maximum amount of money for which Contractor may become liable under the agreement, and the cost principles to be used in determining allowable costs in the case of cost-type contracts.
Contractor shall reimburse subcontractors or personal consultants only for those services provided or for those activities performed pursuant to this Agreement.
Financial Controls, Records, and Audit:
Financial Records: Contractor has sole authority over accounting and systems for the development, preparation and safekeeping of records and books of account relating to contracted services, including the preparation and submission of any cost reports, supporting data and other materials in connection with reimbursement under Medicaid and other third-party payment contracts and programs.
Audit: Contractor will participate in an annual fiscal audit to be pre-scheduled and conducted by the County. The fiscal audit will include a financial review of one monthly reimbursement request, specifically: verification of all related financial support documentation utilized in the development of the specific reimbursement request; and, examination of Contractor financial record-keeping systems and procedures relative to the development of the reimbursement request and receipt of payment. Upon completion of the annual fiscal audit the County will provide Contractor a finding report with applicable corrective measures, as necessary. Timelines for executing applicable corrective measures shall be negotiated between Contractor and the County.
Other Provisions:
The continuation of this Agreement and payments hereunder shall be subject to the availability of funds to the County of Alameda. Alameda County agrees to notify the Contractor in writing of any modifications related to changes in available funding.
Should the State of California, Federal Government, or other funding source refuse to reimburse County (or disallow payment, including based upon audit exceptions) for any relevant claim submitted to County by Contractor, Contractor agrees to reimburse County for all such claims or disallowances. Any such disallowances or penalties resulting will be the sole responsibility of the Contractor.
EXHIBIT D1
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 above, indicate below to whom it applies, initiating agency, and dates of action.
Check if continued on attached page.
Exceptions will not necessarily result in denial of award, but will be considered in determining contractor responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action.
Notes: Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the Amendment to the Standard Services Agreement. Signing the Amendment to Standard Services Agreement on the signature portion thereof shall also constitute signature of this Certification.
CONTRACTOR: City of San Leandro .
PRINCIPAL: Fran Robustelli TITLE: City Manager .
SIGNATURE: ______________________________ DATE:
EXHIBIT F
COUNTY OF ALAMEDA
THE IRAN CONTRACTING ACT (ICA) OF 2010
For Procurements of $1,000,000 or more
The California Legislature adopted the Iran Contracting Act (ICA) to respond to policies of Iran in a uniform fashion (PCC § 2201(q)). The ICA prohibits persons engaged in investment activities in Iran from bidding on, submitting proposals for, or entering into or renewing contracts with public entities for goods and services of one million dollars ($1,000,000) or more (PCC § 2203(a)). A person who “engages in investment activities in Iran” is defined in either of two ways:
1. The person provides goods or services of twenty million dollars ($20,000,000) or more in the energy sector of Iran, including a person that provides oil or liquefied natural gas tankers, or products used to construct or maintain pipelines used to transport oil or liquefied natural gas, for the energy sector of Iran; or
2. The person is a financial institution (as that term is defined in 50 U.S.C. § 1701) that extends twenty million dollars ($20,000,000) or more in credit to another person, for 45 days or more, if that person will use the credit to provide goods or services in the energy sector in Iran and is identified on a list created by the California Department of General Services (DGS) pursuant to PCC § 2201(b) as a person engaging in the investment activities described in paragraph 1 above.
By signing below, I hereby certify that as of the time of bidding or proposing for a new contract or renewal of an existing contract, neither I nor the company I own or work for are identified on the DGS list of ineligible persons and neither I nor the company I own or work for are engaged in investment activities in Iran in violation of the Iran Contracting Act of 2010.
If either I or the company I own or work for are ineligible to bid or submit a proposal or to renew a contract, but I believe I or it qualifies for an exception listed in PCC § 2202(c), I have described in detail the nature of the exception:
CONTRACTOR: City of San Leandro .
PRINCIPAL: Fran Robustelli TITLE: City Manager .
SIGNATURE: ______________________________ DATE:
Exhibit A1
Exhibit B1-1
Exhibit C
Exhibit D1
Exhibit G
Exhibit F
Master Contract No. 902012
Procurement Contract No. 24823