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Home My WebLink AboutR32-Economic Development Agency ECONOMIC DEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO FROM: Maggie Pacheco Deputy Director ORIGiNAL May 12, 2004 SUBJECT: ACCEPTANCE OF LEAD HAZARD CONTROL GRANT AND EXECUTION OFCONTRACT~THCOUNTYOF SAN BERNARDINO DEPARTMENT OF PUBLIC HEALTH DATE: Svnonsis of Previons Commission/Council/Committee Action(s): On December 4, 2003, Redevelopment Committee Members Anderson, Suarez and Estrada unanimously voted to recommend that the Community Development Commission consider this action for approval. Recommended Motion(s): MOTION: (Community Develonment Commission) A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO (I) ACCEPTING A $837,596 LEAD HAZARD CONTROL (LHC) GRANT FROM THE COUNTY OF SAN BERNARDINO DEPARTMENT OF PUBLIC HEALTH ("COUNTY") AND (2) AUTHORIZING THE REDEVELOPMENT AGENCY ("AGENCY") EXECUTIVE DIRECTOR TO EXECUTE THE CONTRACT BY AND BETWEEN THE COUNTY AND AGENCY - SINGLE FAMILY LEAD HAZARD CONTROL GRANT PROGRAM Contact Person(s): Maggie Pacheco Phone: (909) 663-1044 I through 7 Project Area(s) All Ward(s): Supporting Data Attached: 0 Staff Report 0 Resolution(s) 0 Agreement(s)/Contract(s) 0 Map(s) 0 Letters LHC Grant FUNDING REQUIREMENTS Amount: $ 837,596 Source: See Fiscal Impact " SIGNATURE: ' / ;J Gary Vanftsdel, Executive Dir ________________________L_______________________._____-------------------------------------------------- Commission/Council Notes: ____1?~~ ~ _~~-?,f;&1--:J.-~----------------------------------------------------------- P:\Agendas\ComrnDev Cornmission\CDC 2004\04-06-07 Lead HIWU'd Control Grant SR.dcH: COMMISSION MEETING AGENDA Meeting Date: 06/07/2004 Agenda Item Number: ~ ECONOMIC DEVELOPMENT AGENCY STAFF REPORT AcceDtance of Lead Hazard Control Grant and Execution of Contract with Countv of San Bernardino DeDartment of Public Health BACKGROUND/CURRENT ISSUE: The City's Housing Element, and related research studies indicate that a majority of San Bernardino's housing stock is older housing that predates 1978, the year that lead-based paint was banned from residential units. Accordingly, in early 2003, San Bernardino County, Department of Public Health ("Public Health") Staff, Community Action Partnership, Neighborhood Housing Services (NHS) and Agency Staff (collectively "Participants") began to explore the idea of joining forces to apply for grant funds from the U.S. Department of Housing & Urban Development (HOD) to use for the remediation or control of lead-based paint on single family homes ("Lead Hazard Control (LHC) Grant Program") within the City and County that were constructed or rehabilitated prior to 1978. The discussion amongst the participants included Public Health taking the lead role on the application process and submittal of the grant to HUD and the other three agencies, including the Agency, would participate in the implementation of the grant program, provide a portion of the match requirement, and receive a share of the grant funds should Health Department be successful in obtaining the grant. The purpose of the LHC Grant Program is to assist states, local governments, etc. in undertaking comprehensive programs to identify and control lead-based paint hazards in privately owned single family housing (rental or owner-occupied). HOD made over $96 million in fiscal year 2003 available to eligible applicants. HUD also requires that applicants provide a 10% match in local funds. Consequently, Public Health has been advised that they have been awarded $2.6 million from HUD for the LHC Grant Program. This LHC Grant is for the period of June 7, 2004 through March 31, 2007. In order for Public Health to receive these funds, HUD has required Public Health to enter into an agreement with the grant Participants for the three (3) year period to implement the $2.6 million grant. The Agency's share of the $2.6 million is $837,596. The Agency's portion of the grant will be used to provide 120 single family property owners with inspection assessment services, and up to 80 single family property owners with Lead-Based Paint Grants of approximately $7,000 per property or subject to increase approval by the County. Moreover, a portion of the grant will be used to offset personnel expenses of an Agency Construction Manager Specialist position and other Agency administrative costs of up to $163,596 for the term of the contract. The eligibility grant criteria for property owners is: 1) must be 80% median income or below; 2) priority will be given to eligible households who have children under the age of 6; 3) home must pre-date 1978 or contain lead-based paint; and 4) grants will be first made available to single family properties located in designated neighborhoods such as all NIP areas, Meadowbrook, Old Towne, etc., then on a citywide basis. This grant will be used to augment the Agency's existing Exterior Beautification Grant Program. P:\Agendas\Comm Dev Commission\CDC 2004\04-06-07 Lead Hazard Control Grant SR.doc COMMISSION MEETING AGENDA Meeting Date: 06/07/2004 Agenda Item Nnmber: ;f; 1;2. Economic Development Agency Staff Report Acceptance of Lead Hazard Control Grant Page 2 ENVIRONMENTAL IMPACT: None. FISCAL IMPACT: The Agency will receive $837,596 in Grant proceeds, of which $163,596 will be used to offset Agency operations and administrative costs for the contract period of June 7, 2004 through March 31, 2007. The Agency's share of the required match will be in the form of personnel (see Attachment H of Contract) and making available the Agency's existing Exterior Beautification Grant Program which is already accounted for in the EDA 2003/2004 budget. RECOMMENDATION: That the Community Development Commission adopt the attached Resolution. Maggie Pachec , Deputy Director P:\Agendas\Comm Dev Commission\CDC 2004\04-06-07 Lead Hazard Control Grant SR.doc COMMISSION MEETING AGENDA Meeting Date: 06/07/2004 Agenda Item Number: ~ 0 2 3 4 5 6 7 8 9 10 II 12 C 14 o 25 RESOLUTIOfCo.@ ~ 1r A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO (1) ACCEPTING A $837,596 LEAD HAZARD CONTROL (LHC) GRANT FROM THE COUNTY OF SAN BERNARDINO DEPARTMENT OF PUBLIC HEALTH ("COUNTY") AND (2) AUTHORIZING THE REDEVELOPMENT AGENCY ("AGENCY") EXECUTIVE DIRECTOR TO EXECUTE THE CONTRACT BY AND BETWEEN THE COUNTY AND AGENCY - SINGLE FAMILY LEAD HAZARD CONTROL GRANT PROGRAM WHEREAS, the County of San Bernardino Department of Public Health ("County") desires to reduce the risk oflead-based paint hazards in single family dwelling units; and WHEREAS, the County has been allocated funds by the United States Department of Housing and Urban Development (HUD) to provide funding for the above purposes; and WHEREAS, the County desires the Agency to perform lead-based paint abatement services pursuant to the terms of the Lead Hazard Control (LHC) Grant Contract ("Contract"); \3 and 15 WHEREAS, the Agency agrees to perform these services as set forth in the Contract by and between the Agency and County attached hereto and incorporated herein by reference; and WHEREAS, on June 7, 2004, the Community Development Commission approved acceptance of the Lead Hazard Control Grant in the amount of $837,596 from the County to the 16 17 18 Agency pursuant to the terms and conditions contained in the Contract. 19 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS FOLLOWS: 20 21 22 The Commission hereby. approves the Contract attached hereto and Section 1. 23 incorporated herein by reference. 24 Section 2. The Commission hereby authorizes the Executive Director of the Agency to execute the Contract on behalf of the Agency in substantially the form attached hereto, -1- P:lAltDd.I'IRaoIlIllons\R_lutio.s\2004\l)4..(16..G7 LBP C"'Jlt CDC Reso.doc c together with such technical and conforming changes therein as may be approved by the 2 Executive Director and Agency Counsel. The Resolution shaH become effective immediately upon its adoption. 3 Section 3. 4 /1/ 5 //1 6 //1 7 /1/ 8 //1 /1/ 9 /1/ 10 /1/ 11 /1/ 12 /1/ 13 C /1/ 14 /1/ 15 //1 16 //1 17 //1 18 /1/ 19 /1/ 20 //1 21 /1/ 22 //1 23 //1 24 /1/ 25 /1/ 0 -2- P:\AceadN\Ruolullom;\ReaolulioDlU000NM-06-07 LBP C...nt CDC Reso.doc c 13 014 o 2 A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO (1) ACCEPTING A $837,596 LEAD HAZARD CONTROL (LHC) GRANT FROM THE COUNTY OF SAN BERNARDINO DEPARTMENT OF PUBLIC HEALTH ("COUNTY") AND (2) AUTHORIZING THE REDEVELOPMENT AGENCY ("AGENCY") EXECUTIVE DIRECTOR TO EXECUTE THE CONTRACT BY AND BETWEEN THE COUNTY AND AGENCY - SINGLE FAMILY LEAD HAZARD CONTROL GRANT PROGRAM 3 4 5 6 I HEREBY CERTIFY that the foregoing -Resolution was duly adopted by the 7 Community Development Commission of the City of San Bernardino at a meeting 8 thereof, held on the _ day of , 2004, by the following vote to wit: 9 Commission Members: Navs Abstain Absent Aves 10 ESTRADA LONGVILLE MCGINNIS DERRY KELLEY JOHNSON MC CAMMACK I] ]2 ]5 16 ]7 Secretary ]8 ]9 The foregoing resolution is hereby approved this day of ,2004. 20 21 Judith Valles, Chairperson Community Development Commission of the City of San Bernardino 22 23 24 By: 25 -3. P:'lA.aend..\Retolulioll,\ResoIIlUomUOO4\lM-06.G7 LBP GnRt CDC Rae.doc FOR COUNTY USE ONL Y FAS ~ New Vendor Gode Depl. Contract Number i- Change SC A. Cancel County Department Depl. Orgn. Contractor's License No. Public Health County Department Contract Representative Telephone Total Contract Amount Bruce Fordon 387-2451 $837,596 Contract Type o Revenue [i] Encumbered o Unencumbered 0 Other: If not encumbered or revenue contract type. provide reason: Commodity Code Contract Start Date Contract End Date Original Amount Amendment Amount June 1, 2004 March 31, 2007 $837,596 N/A Fund Depl. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount AAA PHL 0305 200 2445 $837.596 , Fund Depl. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount , Fund Depl. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount Project Name Estimated Payment Total by Fiscal Year FY Amount 110 FY Amount 110 Lead Hazard Abatement 03/04 $20,000 05/06 $272,532 - - 04/05 $272,532 06/07 $272,532 - - o fl County of San Bernardino STANDARD CONTRACT ~IS CONTRACT is entered into in the State of California by and between the County of San Bernardino, ~~partment of Public Health, hereinafter called the County, and Name Redevelopment Agency of the City of San Bernardino Address hereinafter called Contractor 201 North "E" Street, Suite 301 San Bernardino, CA 92401-1507 Phone (909) 663-1044 FederallD No. or Social Security No. IT IS H.EREBY AGREED AS FOLLOWS: WHEREAS, the County desires to reduce the risk of lead-based paint hazards; and WHEREAS, County has been allocated funds by United States Department of Housing and Urban Development to provide such services; and WHEREAS, County finds Contractor qualified to provide lead-based paint abatement services; and WHEREAS, County desires that such services be provided by Contractor and Contractor agrees to perform these services as set forth below; I NOW THEREFORE, County and Contractor mutually agree to the following terms and conditions: . '0 I TABLE OF CONTENTS Page 1 of 17 0 I. II. III. IV. V. VI. VII. VIII. IX. X. OXI. o TABLE OF CONTENTS DEFINITIONS ...................... ............................................................................ .................................3 CONTRACTOR SERVICE RESPONSIBILITIES ..............................................................................3 CONTRACTOR GENERAL RESPONSIBILITIES ......:.....................................................................6 COUNTY RESPONSiBILITIES.......................................................................................................11 FISCAL PROViSiONS......................... .................................. .................... ...... ............ ...................12 RIGHT TO MONITOR AND AUDIT ......................................................................................................13 CORRECTION OF PERFORMANCE DEFICIENCIES ........................................................................14 TERM .................................................................................................................................................. 14 EARLY TERMINA T10N.........................................................................................................................14 GENERAL PROViSiONS.................................................................................................................... 15 CONCLUSION .................................................................................................................................... 16 ATTACHMENT A - LEAD HAZARD ACTIONS LEVELS ATTACHMENT B - ELIGIBILITY CRITERIA ATTACHMENT C - REQUEST TO PROCEED FORM ATTACHMENT D - WORK PLAN DEVELOPMENT WORKSHEET WITH SERVICE LEVEL BENCHMARKS STANDARDS ATTACHMENT E - PROGRAM BUDGET ATTACHMENT F - MONTHLY REPORTING FORM ATTACHMENT G - BUSINESS ASSOCIATE AGREEMENT ATTACHMENT H - REQUEST FOR REIMBURSEMENT ATTACHMENT 1- PROJECT COMPLETION NOTICE Page 2 of 17 I: o DEFINITIONS Action Level - The level at which a hazardous lead condition exists. Discrete action levels exist for paint, soil and dust and are detailed in Attachment A, Lead Hazard Action Levels. Area Median Income Level - The annual median income level for the County of San Bernardino as determined by the United States Office of Housing and Urban Development. EPA - United States Environmental Protection Agency. HUD - United States Office of Housing and Urban Development. LHC - Lead hazard control. Unit - One single-family dwelling. XRF Testinq - The use of X-Ray Fluorescence Spectroscopy to determine the concentration of lead present. II. CONTRACTOR SERVICE RESPONSIBILITIES A. OUTREACH, EDUCATION AND INTAKE o o 1. Contractor shall perform all activities in accordance with the HUD Technical Guidelines for the Evaluation And Control of Lead-Based Paint Hazards in Housing. 2. Contractor shall identify eligible units with children under the age of six (6). The residents of identified units shall meet the eligibility criteria listed in Attachment B, Eligibility Criteria. Contractor shall base income eligibility on the most recent area median income level published by HUD. 3. Contractor shall provide the owners and residents of identified units with the required EPA booklet, "Protect Your Family from Lead in Your Home," explain the availability of the LHC services offered under this Contract, and request written authorization to inspect the units. If the owners and residents provide written authorization to inspect the unit(s), Contractor's Certified Lead InspectorlRisk Assessor shall complete a lead inspectionlrisk assessment according to HUD and EPA standards. If inspection is denied, the unit is no longer eligible for LHC activities covered under this Contract. a. If none of the painted surfaces sampled have results above the action level (as defined in Attachment A, Lead Hazard Action Levels,) then no further LHC work covered under this Contract may proceed. b. If any of the painted surfaces sampled. have results above the action level, then Contractor shall begin a LHC project assessment and write-up as defined in Paragraph B of this Section. 4. Contractor may consider for services under this Contract a unit referred to Contractor by the County where a household that includes a child with an elevated blood lead level occupies the unit. Contractor shall verify eligibility of the household according to Attachment B, Eligibility Criteria, before enrolling the unit in the LHC Program. Page 3 of 17 o o o S. PROJECT ASSESSMENT/LHC REQUIREMENTS 1. Once units to be included in the LHC program are identified, Contractor will assess the extent of lead-based paint hazards in the dwellings through XRF testing and dust wipe sampling. 2. Contractor will design LHC strategies in the form of a work write-up and cost estimate for County approval, upon submission of the initial Request to Proceed Form (Attachment C). 3. Under the direction of Contractor, only trained and certified workers, as appropriate for the specific task, shall perform LHC services. 4. All workers conducting LHC activities covered under this Contract shall be blood lead tested according to OSHA standards, or annually, whichever occurs more frequently. All necessary blood lead testing will be referred to County. 5. Contractor shall perform LHC procedures in accordance with Federally established procedures for: testing; replacement, enclosure, encapsulation, or removal of the lead- based paint hazard; measures for worker protection, containment of dust and debris, clean up and proper disposal of waste; and clearance testing. If local procedures and standards are more stringent than those established at the Federal level, Contractor shall abide by the more stringent policies. 6. Contractor shall protect items located in the housing unit during LHC work from contamination by lead-based paint and/or dust. Contractor shall also include pictures of original area proposed for LHC work, prior to any LHC work being conducted. 7. LHC work shall not commence until family occupying the housing unit to be abated has agreed, in writing, to have all children younger than six (6) years of age and all pregnant women blood lead tested within fifteen (15) working days of commencement of LHC work, OR family occupying unit has signed a waiver indicating refusal of blood lead testing due to personal or religious reasons. In addition, LHC work shall not commence until performance of the initial environmental testing as determined by County has been completed and reported to County. 8. LHC work shall not commence on proposed units located in a 100-year flood plain until proof of flood insurance covering proposed unit is obtained, according to HUD's Flood Insurance Requirements Guidance (24 CFR 58.6) g. Contractor shall provide LHC services for the number of housing units in its service area as detailed in Attachment D, Work Plan Development Worksheet With Service Level Benchmarks Standards. 10. Upon the County's request, Contractor shall furnish proof that materials used under this Contract conform to the requirements of State, County, or local regulations and were procured in conformance with OMS Circular A-ll0, Attachment 0 ("Grants and Contracts with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations") or OMS Circular A-l02, Section 36 ("Uniform Administrative Requirements for Grants and Cooperative Contracts to State and Local Governments"), whichever is applicable. 11. Contractor shall document in the project file for each unit receiving LHC services that Contractor was on site a minimum of three times; at initial inspection/risk assessment; while LHC work was being conducted; and at clearance inspection. Page 4 of 17 o o o 12. If any other construction-related services such as weatherization, home repair, or renovation services are provided concurrently with LHC activities in the same housing unit, Contractor must ensure that separate material and labor costs incurred are determined and reported to County for these activities. 13. Contractor agrees that it shall conduct activities to assure that eligible households with children under six (6) years of age and pregnant women are provided with referrals for blood-lead testing. C. TENANT RELOCATION Should an occupied dwelling be selected for LHC by the Contractor and displacement of a household is necessary, Contractor shall follow Chapter 8 of the HUD Guidelines and the Uniform Relocation Assistance and Real Property Acquisition Act of 1970. Should the Contractor's action result in the displacement of any household, the County shall be responsible for all costs necessary to carry out said relocation in accordance with the HUD Guidelines and Act. D. INSPECTION 1. After Contractor completes LHC activities, inspectors shall visually inspect the LHC work performed and shall conduct dust wipe testing as appropriate. If the level of lead dust in the wipe exceeds established clearance standards and/or the visual inspection reveals deficiencies, such deficiencies shall be noted and reported to County and Contractor's crew supervisor and clearance shall not be given. 2. Contractor shall attempt to correct deficiencies that result in safety hazards within one (1) working day and shall completely resolve all reported deficiencies within five (5) working days of written notification. 3. In all cases where a deficiency is revealed, or the level of lead dust in the clearance wipe exceeds established clearance standards in Attachment A, Lead Hazard Action Levels, Contractor shall be responsible for cost of all subsequent clearance inspections. The County will not reimburse Contractor for any subsequent clearance inspections. 4. Contractor's certified inspectors shall conduct LHC inspections as part of this Contract. Contractor shall be reimbursed for expenses as outlined in Attachment E, Program Budget, or as per any approved Budget Amendment. E. TRAINING Contractor agrees to participate and assist County in training, research, advisory, and/or programmatic activities required by County as part of this LHC Contract. F. SERVICE PRIORITY Contractor shall give priority for LHC service to those households referred to Contractor because they include children under six (6) years of age with elevated blood lead levels. ' G. REPORTING Contractor shall submit monthly activity reports of all activities covered under this Contract no later that fifteen (15) days following the month of service. Monthly activity reports shall follow the format defined in Attachment F, Monthly Reporting Form. Page 5 of 17 ,11I. CONTRACTOR GENERAL RESPONSIBILITIES o o o In the performance of this Contract, Contractor, its agents and employees, shall act in an independent capacity and not as officers, employees, or agents of the County of San Bernardino. B. Without the prior written consent of County, this Contract is not assignable by Contractor either in whole or in part. A. C. Contractor agrees to. provide or has already provided information on former County of San Bernardino administrative officials (as defined below) who are employed by or represent Contractor. The information provided includes a list of former County administrative officials who terminated County employment within the last five years and who are now officers, principals, partners, associates or members of the business. The information also includes the employment with or representation of Contractor. For purposes of this provision, "County administrative official" is defined as a member of the Board of Supervisors or such officer's staff, County Administrative Officer or member of such officer's staff, County department or group head, assistant department or group head, or any employee in the Exempt Group, Management Unit or Safety Management Unit. D. Inaccuracies or Misrepresentations: If during the course of the administration of this Contract, the County determines that the Contractor has made a material misstatement or misrepresentation or that materially inaccurate information has been provided to the County, this Contract may be immediately terminated. If this Contract is terminated according to this provision, the County is entitled to pursue any available legal remedies. E. Contractor agrees not to enter into any subcontracts for work contemplated under the Contract without first obtaining written approval from the Assistant County Administrator - Human Services System (HSS). Such request for approval may consist of a listing of current sub-contractors, approved for use by Contractor, and certified to conduct LHC work. County shall approve or deny said list provided by Contractor within seven (7) calendar days of such submission. In such case, Contractor agrees to notify County, in writing, of any changes to such list within 5 working days. Any subcontractor shall be subject to the same provisions as Contractor. Contractor shall be fully responsible for the performance of any subcontractor. F. Contractor shall maintain all records and books pertaining to the delivery of services under this Contract and demonstrate accountability for contract performance. Said records shall be kept and maintained within the County of San Bernardino. County shall have the right upon reasonable notice and at reasonable hours of business to examine and inspect such records and books. Records shall include but are not limited to monthly summary sheets, sign-in sheets, and other primary source documents. Fiscal records shall be kept in accordance with Generally Accepted Accounting Principles and must account for all funds, tangible assets, revenue and expenditures. Fiscal records must also comply with the appropriate Office of Management and Budget (OMS) Circulars which state the administrative requirements, cost principles and other standards for accountancy. All records shall be complete and current and comply with all Contract requirements. Failure to maintain acceptable records as required hereinabove shall be considered grounds for withholding of payments for billings submitted and for termination of the Contract. G. Contractor shall notify County in writing of any change in mailing address and/or physical location within ten (10) days of the change, and shall immediately notify County of changes in telephone or fax numbers. Page 6 of 17 o o o H. . To the extent that it is pertinent to this Contract, Contractor shall notify County of any continuing vacancies and any positions which become vacant during the term of this Contract which will result in reduction of services to be provided under this Contract. Upon such Notice to the County, the Contractor shall advise the County of the action being taken by the Countractor to insure services required to be rendered by the Contractor under this Contract, shall not be impaired. I. Contractor shall designate an individual to serve as the primary point of contact for the Contract. Contractor shall notify HSS when the primary contact will be unavailable/out of the office for one (1) or more workdays. Contractor or designee must respond to County inquiries within two (2) County business days. . J. Contractor shall provide a system, approved by the County, through which recipients of service shall have the opportunity to express and have considered their views and complaints regarding the delivery of services. The procedure must be in writing and made available to all recipients. K. Pursuant to the Health Insurance Portability And Accountability Act of 1996 (HIPAA), regulations have been promulgated governing the privacy of individually identifiable health information. The HIPAA Privacy Regulations specify requirements with respect to contracts between an entity covered under the HIPAA Privacy Regulations and its Business Associates. A Business Associate is defined as a party that performs certain services on behalf of, or provides certain services for, a Covered Entity and, in conjunction therewith, gains access to individually identifiable health information. Therefore, in accordance with the HIPAA Privacy Regulations, Contractor shall comply with the terms and conditions as set forth in Attachment G, Business Associate Agreement, hereby incorporated by this reference. L. Contractor shall require all persons, including but not limited to its officers, agents, employees, volunteers and any subcontractor directly or indirectly involved in administration of services provided under this Contract, to comply with the applicable provisions of Section 10850 and 827 of the Welfare and Institutions (W & I) Code and Division 19-000 of the Department of Social Services Manual of Policies and Procedures to assure that: 1. All applications and records concerning any individual made or kept by any public officer, public agency, or Contractor relating to any forms of public social services provided under this Contract shall be confidential and shall not be open to examination for any purpose not directly connected with the administration, performance, compliance, monitoring or auditing of such services. 2. No person shall publish, disclose, use, permit or cause to be published, disclosed, or used, any confidential information pertaining to any applicant or recipient of services under this Contract. Contractor agrees to inform all persons directly or indirectly involved in administration of services provided under this Contract of the above provisions where applicable and that any person deliberately violating these provisions is guilty of a rnisdemeanor. M. Contractor shall obtain from the Department of Justice (DOJ) records of all convictions involving any sex crimes, drug crimes, or crimes of violence of a person who is offered employment or volunteers for all positions in which he or she would have contact with a minor, the aged, the blind, the disabled or a domestic violence client, as provided for in Penal Code Section 11105.3. This includes licensed personnel who are not able to provide documentation of prior Department of . Justice clearance. A copy of a license from the State of California is sufficient proof. N. Contractor shall notify County of any staff member, paid intern or volunteer who is knowingly or negligently employed and who has been convicted of any crime of violence or of any sexual crime. Contractor shall investigate all incidents where an applicant, employee, intern or volunteer has been arrested and/or convicted for any crime listed in Penal Code Section 11105.3. and shall notify Page 7 of 17 o County. In the County's discretion, the County may instruct Contractor to take action to either deny/terminate employment or terminate internship and/or volunteer services where the investigation shows that the underlying conduct renders the person unsuitable for employment, internship, or volunteer services. Contractor shall immediately notify HSS concerning the arrest and/or conviction, for other than minor traffic offenses, of any paid employee, agent, consultant, intern, or volunteer staff, when such information becomes known to Contractor. O. Contractor shall make every reasonable effort to prevent employees, consultants or members of its governing bodies from using their positions for purposes that are, or give the appearance of being motivated by, a desire for private gain for themselves or others, such as those with whom they have family, business, or other ties. In the event County determines a conflict of interest exists, any increase in costs associated with the conflict of interest may be disallowed by County and such conflict may constitute grounds for termination of the Contract. This provision shall not be construed to prohibit employment of persons with whom Contractor's officers, agents, or employees have family, business or other ties so long as the employment of such persons does not result in increased costs over those associated with the employment of any other equally qualified applicants and such persons have successfully competed for employment with other applicants on a merit basis. P. Contractor agrees to and shall comply with the following indemnification and insurance requirements: 1. Indemnification - The Contractor agrees to indemnify, defend, and hold harmless the County and its authorized officers, employees, agents and volunteers from any and all claims, actions, losses, damages, and/or liability arising out of this Contract from any cause whatsoever, including the acts, errors or omissions of any person and for any costs or expenses incurred by the County on account of any claim therefore, except where such indemnification is prohibited by law. o 2. Insurance - Without in anyway affecting the indemnity herein provided and in addition thereto, the Contractor shall secure and maintain throughout the Contract the following types of insurance or self-insurance with minimum limits as shown: a. Worker's Compensation - A program of Workers' Compensation insurance or a State- approved Self Insurance Program in amount or form to meet all applicable requirements of the Labor code of the State of California, including Employer's Liability with $250,000 limits, covering all persons providing services on behalf of the Contractor and all risks to such persons under this Contract. If Contractor has no employees, it may certify or warrant to County that it does not currently have any employees or individuals who are defined as "employees. under the Labor Code and the requirement for Workers' Compensation coverage will be waived by the County's Risk Manager. With respect to Contractors that are non-profit corporations organized under California or Federal law, volunteers for such entities are required to be covered by Workers' Compensation insurance. If the County's Risk Manager determines that there is no reasonably priced coverage for volunteers, evidence of participation in a volunteer insurance program may be substituted. o b. Comprehensive General and Automobile Liability Insurance - This coverage to include contractual coverage and automobile liability coverage of owned, hired and non- owned vehicles. The policy shall have combined single limits for bodily injury and property damage of not less than one million dollars ($1,000,000). Page 8 of 17 o o o c. Errors and Omissions Liability Insurance - Combined single limits of $1,000,000 and $3,000,000 in the aggregate or Professional Liability - Professional liability insurance with limits of at least $1,000,000 per claim or occurrence. d. Environmental Impairment Liability or Hazardous Waste Liability Insurance - With a minimum of not less than $1,000,000 per occurrence and not less than $2,000.000 aggregate for bodily injury, personal injury and property damage. Coverage is to be specific to the operations and services provided by the Contractor under the terms of this Contract. 3. Additional Named Insured - All policies, except for Workers' Compensation, Errors and Omissions and Professional Liability policies, shall contain additional endorsements naming the County and its officers, employees, agents and vOlunteers as additional named insured with respect to liabilities arising out of the performance of services hereunder. 4. Waiver of Subrogation Rights - Except for Errors and Omissions Liability and Professional Liability, Contractor shall reqUire the carrJers of the above required coverages to waive all rights of subrogation against the County, its officers, employees, agents, volunteers, contractors and subcontractors. 5. Policies Primary and Non-Contributory - All policies required above are to be primary and non- contributory with any insurance or self-insurance programs carried or administered by the County. 6. Proof of Coverage - Contractor shall immediately furnish certificates of insurance to the . County Department administering the Contract evidencing the insurance coverage, including endorsements, above required prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to the Department, and Contractor shall maintain such insurance from the time Contractor commences performance of services hereunder until the completion of such services. Within sixty (60) days of the commencement of this Contract, the Contractor shall furnish certified copies of the policies and all endorsements. 7. Insurance Review - The above insurance requirements are subject to periodic review by the County. The County's Risk Manager is authorized, but not required, to reduce or waive any of the above insurance requirements whenever the Risk Manager determines that any of the above insurance is not available, is unreasonably priced, or is not needed to protect the interests of the County. In addition, if the Risk Manager determines that heretofore unreasonably priced or unavailable types of insurance coverage or coverage limits become reasonably priced or available, the Risk Manager is authorized, but not required, to change the above insurance requirements to require additional types of insurance coverage or higher coverage limits, provided that any such change is reasonable in light of past claims against the County, inflation, or any other item reasonably related to the County's risk. 8. Any such reduction or waiver for the entire term of the Contract and any change requiring additional types of insurance coverage or higher coverage limits must be made by amendment to this Contract. Contractor agrees to execute any such amendment within thirty (30) days of receipt. 9. Not withstanding any of the above insurance requirements, the Contractor's Certificate of Self- Insurance in the amount of $1,000,000 will satisfy all insurance requirements under this paragraph. Page 9 of 17 o o o Q. Contractor shall comply with all applicable laws, statutes, ordinances, administrative orders, rules or regulations relating to its duties, obligations and performance under the terms of the Contract and shall procure all licenses and pay all fees and other charges required thereby. Contractor shall maintain all required licenses during the term of this Contract. Failure to comply with the provisions of this section may result in immediate termination of this Contract. R. Contractor shall comply with all applicable local health and safety clearances, including fire clearances, for each site where services are provided under the terms of this Contract. S. Contractor agrees to and shall comply with the County's Equal Employment Opportunity Program and Civil Rights Compliance requirements: 1. Equal Employment Opportunity Program: The Contractor agrees to comply with the provisions of the Equal Employment Opportunity Program of the County of San Bernardino and rules and regulations adopted pursuant thereto: Executive Order 11246, as amended by Executive Order 11375, 11625, 12138, 12432, 12250, Title VII of the Civil Rights Act of 1964 (and Division 21 of the California Department of Social Services Manual of Polices and Procedures and California Welfare and Institutions Code, Section 10000), the California Fair Employment and Housing Act, and other applicable Federal, State, and County laws, regulations and policies relating to equal employment or social services to welfare recipients, including laws and regulations hereafter er.lacted. The Contractor shall not unlawfully discriminate against any employee, applicant for employment, or service recipient on the basis of race, color, national origin or ancestry, religion, sex, marital status, age, political affiliation or disability. Information on the above rules and regulations may be obtained from County HSS Contracts Unit. 2. Civil Rights Compliance: The Contractor shall develop and maintain internal policies and procedures to assure compliance with each factor outlined by State regulation. These policies must be developed into a Civil Rights Plan, which is to be on file with County HSS Contracts Unit within 30 days of awarding of the Contract. The Plan must address prohibition of discriminatory practices, accessibility, language services, staff development and training, dissemination of information, complaints of discrimination, compliance review, and duties of the Civil Rights Liaison. Upon request, HSS shall supply a sample of the Plan format. The Contractor shall be monitored by HSS for compliance with provisions of its Civil Rights Plan. T. Contractor agrees to comply with all applicable provisions of the Americans with Disabilities Act (ADA). U. Contractor shall observe the mandatory standards and policies relating to energy efficiency in the State Energy Conservation Plan (Title 20, Division 2, California Code of Regulations). V. If the amount available to Contractor under this Contract, as specified in Section V, Paragraph A, exceeds $100,000, Contractor agrees to comply with Section 306 of the Clean Air Act (42 USC 1857 h), Section 508 of the Clean Water Act (33 USC 1368), Executive Order 11738 and Environmental Protec\ion Agency regulations (40 CFR, Part 15). W. Contractor assures that it will comply with the environmental laws and authorities at 24 CFR 50.4, and that it will: 1. Supply information necessary for County to perform any required environmental review of properties; and 2. Carry out mitigation measures required by HUD or County. Page 10 of 17 o c X. Contractor shall use recycled and recyclable products, whenever practicable, in fulfilling the terms of this Contract. Recycled printed products shall include a symbol identifying the recycled material. Y. Contractor understands and agrees that any and all legal fees or costs associated with lawsuits concerning this Contract against the County shall be the Contractor's sole expense and shall not be charged as a cost under this Contract. In the event of any contract dispute hereunder, each Party to this Contract shall bear its own attorney's fees and costs regardless of who prevails in the outcome of the dispute. Z. Contractor assures that all personnel involved in LHC have been or will be successfully trained within ninety (90) days from start of Contract through an accredited program and are certified as required by State regulations. AA. Contractor assures that it will cooperate with any Federally sponsored or endorsed monitoring or evaluation efforts carried out in conjunction with County's LHC activities. This includes providing documentation of all sampling, testing, inspection, and activities performed by Contractor. BB. Contractor assures that all LHC work shall be performed in accordance with "Lead in Construction" OSHA Standard, 29 CFR 1910.1025; "Waste Disposal: 40 CFR parts 260-268" (EPA regulations); "HUD Technical Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing"; and "Tenant Assistance, Relocation and Real Property Acquisition" (HUD Handbook Section 1378). CC. Contractor hereby certifies to the best of its knowledge that it or any of its officers: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; 2. Have not within a three-year period preceding this Contract been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph 2) above of this certification; and 4. Have not within a three-year period preceding this Contract had one or more public (Federal, State, or local) transactions terminated for cause or default. DD. Contractor certifies that a Drug-Free Workplace Certification (Std. 21) is on file with County. The terms and conditions of the Std. 21 that is on file shall have the same force, meaning, effect, and enforceability as if a certification were separately, specifically, and individually provided for each project between Contractor and County hereunder. IV. COUNTY RESPONSIBILITIES o A. The County agrees to compensate the Contractor on a reimbursement basis for approved expenses as defined in Attachment E, Program Budget, and as per any subsequent approved amendments to said Program Budget by the County, performed pursuant to this Contract in an amount not to exceed the total Contract amount of $837,596.16. Page 11 of 17 o B. The County will monitor and evaluate the performance of the Contractor in meeting terms of the Contract and the quality and effectiveness of services provided based on criteria determined by the County. County personnel shall monitor the performance of the Contractor at least once every (6) six months, or as deemed necessary by the County. V. FISCAL PROVISIONS c o A. The maximum amount of reimbursement under this Contract shall not exceed $837,596.16 and shall be subject to availability of funds to the County. The consideration to be paid to Contractor, as provided herein, shall be in full payment for all Contractor's services and expenses incurred in the performance hereof, including travel and per diem. B. Payment to Contractor shall be on a cost reimbursement basis and shall be paid to Contractor within sixty (60) days from County's receipt of . Request for Reimbursement. Requests for reimbursement shall be made monthly via Attachment H, Request for Reimbursement and be received by County no later than fifteen (15) days following the month being requested for reimbursement. If during a given month, no costs are incurred by Contractor, then Contractor shall submit a request for reimbursement stating no costs have been incurred by Contractor. A request for reimbursement shall only be submilled for LHC services performed on a unit when: 1. Contractor completes outreach, intake and lead inspection/risk assessment of the unit in accordance with Section II, and the unit will receive no other LHC activities covered under this Contract. A copy of the inspection/risk assessment report shall be included with the reimbursement request. 2. Contractor completes an inspection assessment of the unit in accordance with Section II, and Request to Proceed packet (including work write-up and cost estimate) has been submilled to County. Request for reimbursement may include Request to Proceed packet, or if the packet has been submitted previously, the date the packet was submitted for the identified unit. Request to Proceed packet shall include all items as defined by County in Attachment C, Request to Proceed Form. 3. Contractor completes LHC work in accordance with Section II, and clearance is achieved upon final inspection. Request for reimbursement of LHC work and clearance inspection shall be accompanied by Attachment /, Project Completion Notice. A Contractor shall request Administrative Costs, as defined in Program Budget, only upon completion of LHC activities and clearance of the unit is achieved. C. Payment to the Contractor shall be contingent upon the submission by the Contractor, and approval by the County, of the herein required reports and invoices. Expenditures for all LHC services submitted by the Contractor to the County for reimbursement must be consistent with the approved Budget Justification that is attached hereto and incorporated herein by this reference as Attachment E, Program Budget, and any subsequent amendments to the Program Budget, as approved in writing by the County. Contractor reimbursement for a unit shall not exceed the amount established and approved on the work write up and cost estimate for that unit, unless previous change orders increasing the established amount have been previously approved, in writing, by County. D. Costs for services under the terms of this Contract shall be incurred during the contract period. Contractor shall not use Contract funds to pay obligations occurring prior to Contract start date and after Contract term date. E. Funds made available under this Contract shall not supplant any Federal, State or any governmental funds intended for services of the same nature as this Contract. Contractor shall not Page 12 of 17 o c claim reimbursement or payment from County for, or apply sums received from County with respect to, that portion of its obligations which have been paid by another source of revenue. Contractor agrees that it will not use funds received pursuant to this Contract, either directly or indirectly, as a contribution or compensation for purposes of obtaining funds from another revenue source without prior written approval of the County. F. County is not liable for the payment of any taxes, other than applicable sales or use tax, resulting from this Contract however designated, levied or imposed, unless County would otherwise be liable for the payment of such taxes in the course of its normal business operations. G. Upon written demonstration of need by Contractor and at the option of County, up to 10% of the total Contract funds may be advanced to Contractor by County upon approval of the Assistant County Administrator - Human Services System. Any such advance will cause the amounts payable to Contractor in subsequent months to be reduced to the amount determined by dividing the balance left by the number of months remaining in the Contract term. No advance will increase the amount shown in Paragraph A of this Section. Such request must be made in writing, and must be made within 30 calendar days of the commencement date of this Contract. H. The Contractor shall request any budget amendment in writing in advance of expenditures when: 1) aggregate expenditures are expected to exceed a budgeted line item by more than 10%; 2) a new line item is to be added; 3) expenditures are expected to exceed the budgeted amount for an object class category (e.g., personnel); as per Attachment E, Program Budget, or 4) requesting a transfer of funds from one line item to another line item. I. Each written request for budget amendment must: 1) be submitted as a prominently identified and discrete item to the County; 2) specify the changes requested by service category, line item, and amount; and 3) must include a justification for said amendment to the Program Budget. . The County will approve or deny budget amendment requests in writing within (15) fifteen calendar days of receipt. For every approved Program Budget amendment, the Contractor shall, within (15) fifteen calendar days, prepare and submit revised budgets to the County incorporating the effects of the approved Program Budget amendment. Contractor shall within (30) thirty calendar days submit revised Attachment D, Workplan Development Worksheet With SeNice Level Benchmark Standards, when County deems, in writing, that such budget amendment may result in change to contracted Benchmark Standards. J. The County may initiate budget amendments by written communication with the Contractor specifying the amendment requested. The Contractor shall respond by providing revised scope(s) of work and budgets as required to accomplish the requested amendment. K. To the extent possible, Contractor shall use other funds, e.g., home repair, andlor renovation, appropriate to the LHC work in addition to using dollars allocated through this Contract and through weatherization Contracts. VI. RIGHT TO MONITOR AND AUDIT o A. County shall have the absolute right to monitor the performance of Contractor. in the delivery of services provided under this Contract. B. County or any subdivision or appointee thereof, and the State of California or any subdivision or appointee thereof, including the Auditor General, shall have absolute right to review and audit all records, books, papers, documents..corporate minutes,and other pertinent items as requested, and shall have absolute right to monitor the performance of Contractor in the delivery of services provided under this Contract. Full cooperation shall be given by Contractor in any auditing or monitoring conducted. Page 13 of 17 C. Contractor shall. cooperate with County in the implementation, monitoring and evaluation of this Contract and comply with any and all reporting requirements established by this Contract. o D. All records pertaining to service delivery and all fiscal, statistical and management books and records shall be available for examination and audit by County, Federal and State representatives for a period of three years after final payment under the Contract or until all pending County, State and Federal audits are completed, whichever is later. Technical program data shall be retained locally and made available upon the County's reasonable advance written notice or turned over to County. If said. records are not made available at the scheduled monitoring visit, Contractor may, at County's option, be required to reimburse County for expenses incurred due to required rescheduling of monitoring visit(s). Such reimbursement will not exceed $50 per hour (including travel time) and be deducted from the following month's claim for reimbursement. E. Contractor shall provide all reasonable facilities and assistance for the safety and convenience of County's representative in the performance of their duties. All inspections and evaluations shall be performed in such a manner as will not unduly delay the work of the Contractor. VII. CORRECTION OF PERFORMANCE DEFICIENCIES A. Failure by Contractor to comply with any of the provisions, covenants, requirements or conditions of this Contract shall be a material breach of this Contract. B. In the event of a non-cured breach, County may, at its sole discretion and in addition to immediate termination and any other remedies available at law, in equity, or otherwise specified in this Contract: 1. C 2. 3. 4. 5. VIII. TERM Afford Contractor thereafter a time period within which to cure the breach, which period shall be established at sole discretion of County; and/or Discontinue reimbursement to Contractor for and during the period in which Contractor is in breach, which reimbursement shall not be entitled to later recovery; and/or Withhold funds pending duration of the breach; and/or Offset against any monies billed by Contractor but yet unpaid by County those monies disallowed pursuant to Item "2" of this paragraph; and/or Terminate this Contract and be relieved of the payment of any consideration to Contractor should Contractor fail to perform the covenants herein contained at the time and in the manner herein provided. In event of such termination, the County may proceed with the work in any manner deemed proper by the County. The cost to the County shall be deducted from any sum due to the Contractor under this Contract and the balance, if any, shall be paid by the Contractor upon demand. This Contract is effective as of June 1, 2004 and expires May 31, 2007 but may be terminated earlier in accordance with provisions of Section IX of the Contract. The Contract term may be extended for two additional one year periods by mutual written consent of the parties. EARLY TERMINATION IX. o A. The County may terminate the Contract immediately under the provisions of Section VII of the Contract. In addition, the Contract may be terminated without cause by the County by serving a written notice to the Contractor thirty (30) days in advance of termination. The Assistant County Page 14 of 17 o Administrator - Human Services System is authorized to exercise the County's rights with respect to any termination of this Contract. B. Contractor shall only be reimbursed for costs and uncancelable obligations incurred prior to the date of termination. Contractor shall not be reimbursed for costs incurred after the date of termination. X. GENERAL PROVISIONS 10 o A. When notices are required to be given pursuant to this Contract, the notices shall be in writing and mailed to the following respective addresses listed below. Contractor: Redevelopment Agency of the City of San Bernardino Alln: Executive Director 201 North "E" Street, Suite 301 San Bernardino, CA 92401-1507 County: County of San Bernardino, Human Services System Attn: Contracts Unit 150 S. Lena Road San Bernardino, CA 92415-0515 County (Insurance Information Only): County of San Bernardino clo Insurance Data Services P.O. Box 12010 - CB Hemet, CA 92546-8010 B. Nothing contained in this Contract shall be construed as creating a joint venture, partnership or employment arrangement between the Parties hereto, nor shall either Party have the right, power or authority to create an obligation or duty, expressed or implied, on behalf of the other Party hereto. C. Contractor shall not offer (either directly or through an intermediary) any improper consideration such as, but not limited to, cash, discounts, service, the provision of travel or entertainment, or any items of value to any officer, employee or agent of the County in an attempt to secure favorable treatment regarding this Contract. The County, by written notice, may immediately terminate any Contract if it determines that any improper consideration as described in the preceding paragraph was offered to any officer, employee or agent of the County with respect to the proposal and award process. . This prohibition shall apply to any amendment, extension or evaluation process once a Contract has been awarded. Contractor shall immediately report any attempt by a County officer, employee or agent to solicit (either directly or through an intermediary) improper consideration from Contractor. The report shall be made to the supervisor or manager charged with supervision of the employee or to the County Administrative Office. In the event of a termination under this provision, the County is entitled to pursue any available legal remedies. D. County shall have Power af Attorney to pay delinquent debts and unpaid wages for work provided under this Contract from accounts payable to Contractor in the event debts and wages have not been paid on a current basis. E. No waiver o.f any of the provisions of the Contract shall be effective unless it is made in a writing which refers to provisions so waived and which is executed by the Parties. No course of dealing and no delay or failure of a Party in exercising any right under the Contract shall affect any other ar Page 15 of 17 o G. future exercise of that right or any exercise of any other right. A Party shall not be precluded from exercising a right by its having partially exercised that right or its having previously abandoned or discontinued steps to enforce that right. F. Any alterations, variations, modifications, or waivers of provisions of the Contract, unless specifically allowed in the Contract, shall be valid only when they have been reduced to writing, duly signed and approved by the Authorized Representatives of both parties as an amendment to this Contract. No oral understanding or Contract not incorporated herein shall be binding on any of the Parties hereto. If any provision of the Contract is held by a court of competent jurisdiction to be unenforceable or contrary to law, it shall be modified where practicable to the extent necessary so as to be enforceable (giving effect to the intention of the Parties) and the remaining provisions of the Contract shall not be affected. H. This Contract shall be governed by and construed in all aspects in accordance with the laws of the State of California without regard to principles of conflicts of laws. The Parties agree to the exclusive jurisdiction of the Federal Court located in the County of Riverside and State courts located in the County of San Bernardino, for any and all disputes arising under this Contract, to the exclusion of all other Federal and State courts. XI. CONCLUSION o o A. This Contract, consisting of 17 and Attachments A through I, is the full and complete document describing services to be rendered by Contractor to County including all covenants, conditions and benefits. B. The signatures of the Parties affixed to this Contract affirm that they are duly authorized to commit and bind their respective institutions to the terms and conditions set forth in this document. Page 16 of 17 C. IN WITNESS WHEREOF, the Board of Supervisors of the County of San Bernardino has caused this Contract to be subscribed to by the Clerk thereof, and Contractor has caused this Contract to be subscribed in its behalf by its duly authorized officers, the day, month and year written. o COUNTY OF SAN BERNARDINO Redevelopment Agency of the City of San Bernardino (l-"nnr or type name oT corporal/on, company, contractor, ere.) By ~ (Authorized signature - sign in blue ink) ennis Hansberger, Chairman, Board of Supervisors Dated Name (Print or type name of person signing contract) SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD Clerk of the Board of Supervisors of the County of San Bernardino. Title (Print or Type) Dated By Address 300 North D Street Deputy San Bernardino CA 92418 Reviewed by Contract Compliance Presented to 80S for Signature Approved as to Legal Form ~ Charles Larkin, County Counsel ~ Lori Ciabattini, HSS Contracts Unit ~ James A. Felten, Public Health Programs Administrator Date Date Date o Auditor/Controller-Recorder Use Onl Page 17 of 17 C. IN WITNESS WHEREOF, the Board of Supervisors of the County of San Bernardino has caused this Contract to be subscribed to by the Clerk thereof, and Contractor has caused this Contract to be subscribed in its behalf by its duly authorized officers, the day, month and year written. o " COUNTY OF SAN BERNARDINO Redevelopment Agency of the City of San Bernardino (pnnt or type name 01 corporallon, company, contractor, erc.) By ~ (Authorized signature - sign in blue ink) ennis Hansberger, Chainnan, Board of Supervisors Dated Name (Print or type name of person signing contract) SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD Clerk of the Board of Supervisors of the County of San Bernardino. Tille (Print or Type) Dated Deputy Address 300 North D Street San Bernardino CA 92418 By Approved as to Legal Form Reviewed by Contract Compliance Presented to BOS for Signature ~ Charles Larkin, County Counsel ~ Lori Ciabattini, HSS Contracts Unit ~ James A. Felten, Public Health Programs Administrator Date Date Date o Auditor/Controller-Recorder Use Onl Page 17 of 17 Co IN WITNESS WHEREOF, the Board of Supervisors of the County of San Bernardino .has caused this Contract to be subscribed to by the Clerk thereof, and Contractor has caused this Contract to be subscribed in its behalf by its duly authorized officers, the day, month and year written. o ,. COUNTY OF SAN BERNARDINO Redevelopment Agency of the City of San Bernardino Wnnt or type name aT corpora lion, company, contractor, eIC.) C Dennis Hansberger, Chairman, Board of Supervisors By ~ (Authorized signature ~ sign in blue ink) Dated Name (Print or type name of person signing contract) SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD Clerk of the Board of Supervisors of the County of San Bernardino. Title (Print or Type) Dated By Deputy Address 300 North D Street San Bernardino CA 92418 Approved as to Legal Form Reviewed by Contract Compliance Presented to 80S for Signature ~ Char1es larkin, County Counsel ~ Lori Ciabattini, HSS Contracts Unit ~ James A. Felten, Public Health Programs Administrator Date Date Date o Auditor/Controller-Recorder Use Onl Page 17 of 17 C. IN WITNESS WHEREOF, the Board of Supervisors of the County of San Bernardino has caused this Contract to be subscribed to by the Clerk thereof, and Contractor has caused this Contract to be subscribed in its behalf by its duly authorized officers, the day, month and year written. o .. COUNTY OF SAN BERNARDINO Redevelopment Agency of the City of San Bernardino (t-'nnc or type name of COlpOfBrlOn, company, contractor, elC.) C Dennis Hansberger, Chairman, Board of Supervisors By ~ (Authorized signature - sign in blue ink) Dated Name (Print or type name of person signing contract) SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD Cieri< of the Board of Supervisors of the County of San Bernardino. Title (Print or Type) Dated By Deputy Address 300 North D Street San Bernardino CA 92418 Approved as to legal Fonn Reviewed by Contract Compliance Presented to BOS for Signature ~ Charles Larkin, County Counsel ~ Lori Ciabattini, HSS Contracts Unit ~ James A. Felten. Public Health Programs Administrator Dale Dale Date o Auditor/Controller-Recorder Use Onl Page 17 of 17 C. IN WITNESS WHEREOF, the Board of Supervisors of the County of San Bernardino has caused this Contract to be subscribed to by the Clerk thereof, and Contractor has caused this Contract to be subscribed in its behalf by its duly authorized officers, the day, month and year written. o " COUNTY OF SAN BERNARDINO Redevelopment Agency of the City of San Bernardino (fJnnr or type name 01 corporation, company, contractor, etc.) C Dennis Hansberger, Chairman, Board of Supervisors By ~ (Authorized signature - sign in blue Ink) Dated Name (Print or type name of person signing contract) SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD Clerk of the Board of Supervisors of the County of San Bernardino. Title (Print or Type) Dated Deputy Address 300 North D Street San Bernardino CA 92418 By Approved as to Legal Form Reviewed by Contract Compliance Presented to 80S for Signature ~ Charles Larkin, County Counsel ~ Lori Ciabattini, HSS Contracts Unit ~ James A. Felten, Public Health Programs Administrator Date Date Date o Auditor/Controller-Recorder Use Onl Page 17 of 17 o c o ATTACHMENT A lead Hazard Action levels Lead-contaminated dust - an amount of lead equal to, or in excess of, forty micrograms per square foot (40 mcgltf) for interior floor surfaces, two hundred and fifty micrograms per square foot (250 mcg/ft2) for interior horizontal window surfaces, and eight hundred micrograms per square foot (800 mg/ft2) for exterior floor and four hundred micrograms per square foot (400 mcg/ff) for exterior horizontal window surfacesltroughs. Lead-contaminated soil - bare soil that contains an amount of lead equal to, or in excess of, four hundred parts per million (400 ppm) in children's play areas and one thousand parts per million (1000 ppm) in all other areas. Lead-based paint - paint or other surface coatings that contain an amount of lead equal to, or in excess of, one milligram per square centimeter (1.0 mg/cm2) or more than half of one percent (0.5%) by weight. ATTACHMENT B ELIGIBILITY CRITERIA o LHC services shall be available only for privately owned low- and moderate-income housing units that meet the eligibility criteria below: A. RENTAL UNITS To the extent that the Contractor's program involves Rental Units, the Contractor . will comply with the following requirements: 1. At least 50 percent of the units must be occupied by or made available to families with incomes at or below 50 percent of the area median income level, the remaining units shall be occupied or made available to families with incomes at or below 80 percent of the area median income level. In all cases, the landlord shall give priority in renting units assisted under this section, for not less than three (3) years following the completion of lead abatement activities, to families with a child under the age of six (6) years, except that buildings with five (5) or more units may have 20 percent of the units occupied by families with incomes above 80 percent of the area median income level. Income records for a minimum period of at least 30 days immediately preceding the date of application shall be used in determining eligibility; and c 2. One or more of the units occupied by households that meet the income eligibility requirements in Section A, Paragraph 1 above have children living in the unit who are under six (6) years in age; and 3. If the hazards of LHC activities in a given unit are such that the occupants' health and safety are jeopardized and temporary relocation of tenants is required, the owner must make available any Gurrently vacant unit to be used as temporary housing for his/her displaced tenants. Such temporary housing must be acceptable to the County. B. PRINCIPAL RESIDENCE OF OWNER-OCCUPANTS All units assisted with this LHC contract shall be the principal residence of families with incomes at or below 80 percent of the area median income level. Not less than 90 percent of the units assisted with grants under this section shall be occupied by a child under the age of six (6) years or shall be units where a child under the age of six (6) years spends a significant amount of time visiting. C. ALL UNITS: The owner agrees to have Contractor perform the LHC activities required by the work order; The building is structurally sound; o The building has multiple surfaces with lead-based paint present and levels of dust lead above the clearance levels established by HUD; Page 1 of 2 ATTACHMENT B o If temporary relocation is necessary, the household agrees to comply; The legal guardian(s) of any children under six (6) years who reside in the household agree(s) to allow blood lead level testing of their children, OR sign a waiver indicating refusal of blood lead testing due to personal or religious reasons; and The owner of the unit agrees to allow a clearance inspection, consent of a visual inspection, and lead dust testing upon completion of the LHC work. If proposed unit is located in a flood plain (as defined by County Flood Control District), owner must show proof of flood insurance for proposed unit. If proposed unit meets the standards for qualification as a historic property, Contractor must show proof that proposed LHC work complies with all standards, in accordance with 36 CFR Part 800, Historic Preservation. Contractors which combine other sources of funding, e.g" CDBG, HOME, Rehabilitation, etc., with lead hazard control grant funds, must ensure that housing units receiving such assistance also meet the income eligibility requirements applicable to other programs. When combining assistance programs, the more restrictive requirements govern. The provision of LHC services shall begin within ninety (90) days of eligibility certification, or the household shall be recertified. c o Page 2 of 2 o c o ATTACHMENT C HUD LEAD HAZARD CONTROL DEMONSTRATION GRANT Request to Proceed Form Mail one original copy of the form with attachments to: ATTN: Sara Hernandez 351 N. Mountain View Avenue #305 San Bernardino, CA 92415 Agency Unit ID # Contact Phone# I Fax # person Signature Date Request Completed: Please include the following documents with this Request to Proceed: 1. Owner and/or Resident agreement forms for unit inspection and blood lead testing. 2. Lead inspection/risk assessment report 3. LHC Work plan 4. Foundation diagram or sketch of the structure indicating the specific locations where LHC work will be conducted. 5. Completed DHS 8552 form 6. Proof of Flood Insurance if applicable 7. Pictures of the areas that will receive LHC services 8. SHIPO forms if applicable 0112004 Request to Proceed form-San Bemalll;no County Department of Publ~ Health Page 1 of 3 o c o APPLICANT INFORMATION I OPH 10 #OOO-yyyy Name: I Application Date: Ig Tenant Owner Address: Street City State Zin Home phone # I Work phone # Total household income per HUO guide: Does applicant meet HUO income Income eligibility verified by: $ guidelines (y/n)? Occupants (Last and first name) Pregnant? Date of birth Lead level Date of test (Y/N) These two columns to be completed by Pept of Public Health CLPP Proaram. 1. 2. 3. 4. . . 5. 6. 7. 8. Was this applicant referred by the local CLPPP? Applicant's race: 0 Yes o African-American ONative American o No o White OAsian OHispanic OOther- PROPERTY INFORMATION Unit to receive services Ig Single family (If different from above) Multiple: # of units? Owner's Name Owner's phone # III different from above) Parcel Number: Construction Date: Is unit in a Flood Hazard Area? Flood Polley #: o Yes-provide insurance infonnation Insurance carrier: ONo Lead hazard risk assessment/inspection Notice to Owner of risk assessment results a. Date completed: Date: b. Inspector's name: Notice to Tenant of risk assessment results c. Company: Date: Need Historic Review? Historic review 0 Signed residents' agreement to relocate 0 Ves Date submitted: temporarily if needed. 0 No Date received: 0112004 Request 10 Prooeed Form-San Bemardino County Pepar1ment of Public Heahh Page 2 of 3 o c' o LEAD HAZARD CONTROL SERVICES Work plan Contract amount $ prepared by Project out to I Number of bids HUD grant amount $ bid on: received: reouested Top bidding contractors Bid amount: Lead certified? Ust Contractor's Business Name (Y/N\ Selected Contractor Phone # Fax # Address If selected contractor's bid was not the lowest please explain: For the De artment of Public Haalth Child & Adolescent Health Section use onl Request approved by Proceed Date: Print or t e last & first name 0112004 Request to Proceed Fonn-San Bernardino County Department of Public Heal1h Page 3 of 3 C J- Z ~ < s VJ ~ -< ~ -< E- VJ "" U Z -< ~ o ~ ~ ~"" ~~ -<-< u~ Zo ~~ ~"" ~~ ~f;o, .....0 ZQ .....0 ~;! =r.l E-~ .....= ~E- E-Z ""0 ""~ =, VJ _. o ... co co N .... '" r. l:! .. ::!: o - .r CO CO N .... Gl C " .., a; " C .. E ... o 'I: Gl 11. '0 " o 'C Gl 11. " 'E o c o " w o c =e .. c ... Gl m c .. III '0 ~ b o - ~ . o o ~ i'" '" ~ i'" '" ~ . '" '" ~ . o '" ~ o '" ~ 00 ~ . o 00 ~ . N r- ~ . o r- ~ . M '" ~ o '" ~ . " '" ~ . o '" ~ . '" " ~ b " ~ . '" M ~ b M ~ . r- N ~ '" - ~ . 00 o o o Redevelopment Agency of the San Bernardino City Budget: HUD Lead Hazard Reduction Demonstration Grant CATEGORY Personnel Estimated Hours Rate per Hour Estimated Cost to Federal Share of Cost Or~anization to Orl'anization Deoutv Director 2184 $53.39 116603.76 SecretarY 2184 $15.50 33 852.00 Construction Mana2er Snecialist 5824 $28.09 163596.16 163.596.16 Administrative Clerk III 7280 $14.70 107016.00 Senior Account Technician 3,640 $22.78 82919.20 Total Direct Labor imrthilWkltMM.!J.trtjUt J:f$@ili\*~ 503987.12 163596.16 :.::;:. .'~' ':;::::~" -:-.v ," .~" ,'x Fringe Benefits Rate % Base Estimated Cost to Federal Share of Cost Or!!anization to Or!!anization Worker's Comn Insurance 1.12% $340.390.96 3812.38 0.00 Health and Dental Insurance 18.51% $340 390.96 63006.37 0.00 Life Insurance 0.45% $340390.96 I 531.76 0.00 PERS I 1.00% $340390.96 37,443.01 0.00 Medicare 1.45% $340 390.96 4935.67 0.00 Unemolovment Insurance 0.13% $340.390.96 442.51 0.00 LiabilitvInsurance 1.50% $340 390.96 5 105.86 0.00 Total Frin!!e n:MMfWitf.*~i$!~$~~$l tIif.tHt1:~l..}" >>>fJ: 116277.55 0.00 Travel Mileage Rate per Mile Estimated Cost to Federal Share of Cost Or~anization to Organization Milea2e 300 0.36 108.00 0.00 Total Travelffransportation!Per Diem mmr<<1fMili*llin'W@Wm!: t.tHINJ@J$4ftttti 108.00 0.00 Consumable Supplies Quantity Unit Cost Estimated Cost to Federal Share of Cost Or!!anization to Or2anization General Office Expense 6 $5 000.00 30 000.00 0.00 Total Consumable Supplies ~lg1nJWtWWHMWt.t@jJ&~: .. ; ~10i;~W4ftt~f.~~1 30 000.00 0.00 Other Direct Costs Quantity Unit Cost Estimated Cost to Federal Share of Cost Or~anization to Organization Teleohone and Pa!!er 6 $1 000.00 6 000.00 0.00 Staff Trainin2 6 $1 000.00 6 000.00 0.00 Consultant 6048 $31.39 189846.72 Relocation Costs 0 $616.00 0.00 0.00 Inspections! Assessments 120 $350.00 42000.00 42 000.00 LBP Reduction 80 $7,000.00 560000.00 560.000.00 Exterior Beautification Grant 80 $5.000.00 400000.00 Total Other Direct Costs t@4MtMHi%t1tlliMMflt: Hfuflti*~~*4*Wt~f 1 203 846.72 602 000.00 Administrative Costs 80 $900.00 72 000.00 72.000.00 Total Estimated Costs mt.ntN~i:WM1M@MHtU@ ~~~:#irWt:~*fW#:H4m 1.926,219.39 837596.16 o o o ATTACHMENT F Lead Hazard Control Demonstration Grant MONTHLY REPORTING FORM Please mail one original copy of the report to: A TTN: Sara Hernandez 351 N. Mountain View Avenue #305 San Bernardino, CA 92415 Grantee: Contract # Report for (month & year): Date report completed: Contact Person: Contact phone #: Signature of person preparing this report: SUMMARY I. Number of applications received for Lead Hazard Control services: 2. Number of applicants eligible for Lead Hazard Control services: o Rental units: DOwner-occupied: 3. Number of Lead Inspections/Risk Assessments: 4. Number of units that were found to have lead-based paint hazards: o Rental units: DOwner-occupied: 5. Number of units with Lead Hazard Control work in progress: 6. Historic reviews requested; 7. Temporary relocations done: 8. Completed units (clearance inspection was achieved): o Rental units: DOwner-occupied: o Cumulative out of 9. Number of children under six years of age living in completed units: 10. Number of pregnant women living in completed units: 0112004 HUD Sub-Contractor Month~ Reporting Fonn o o o ATTACHMENT G BUSINESS ASSOCIATE AGREEMENT Except as otherwise provided in this Contract, CONTRACTOR, hereinafter referred to as BUSINESS ASSOCIATE, may use or disclose Protected Health Information to perform functions, activities or services for or on behalf of the COUNTY OF SAN BERNARDINO, hereinafter referred to as the COVERED ENTITY, as specified in this Contract and in the attached Contract, provided such use or disclosure does not violate the Health Insurance Portability Act (HIPAA), 42 U.S.C. 1320d et seq., and its implementing regulations, including but not limited to, 45 Code of Regulations Parts 160, 162, and 164, hereinafter referred to as the Privacy Rule. I. . Obligations and Activities of Business Associate. a. Business Associate shall not use or further disclose Protected Health Information other than as permitted or required by this Contract or as Required By Law. b. Business Associate shall implement administrative, physical, and technical safeguards to: 1. Prevent use or disclosure of the Protected Health Information other than as provided for by this Contract. 2. Reasonably and appropriately protect the confidentiality, integrity, and availability of the electronic Protected Health Information that it creates, receives, maintains, or transmits on behalf of the Covered Entity. c. Business Associate shall mitigate, to the extent practicable, any harmful effect that is known to Business Associate of a use or disclosure of Protected Health Information by Business Associate in violation of the requirements of this Contract d. Business Associate shall report to Covered Entity any use or disclosure of the Protected Health Information not provided for by this Contract of which it becomes aware. e. Business Associate shall ensure that any agent, including a subcontractor, to whom it provides Protected Health Information received from, or created or received by Business Associate on behalf of Covered Entity, shall comply with the same restrictions and conditions that apply through this Contract to Business Associate with respect to such information. f. Business Associate shall provide access to Protected Health Information in a Designated Record Set to Covered Entity or to an Individual, at the request or direction of Covered Entity and in the time and manner designated by the Covered Entity, in order to meet the requirements of 45 CFR 164.524. g. Business Associate shall make any amendment(s) to Protected Health Information in a Designated Record Set that the Covered Entity directs or agrees to pursuant to 45 CFR 164.526, in the time and manner designated by the Covered Entity. h. Business Associate shall make internal practices, books, and records, including policies and procedures and Protected Health Information, relating to the use and disclosure of Protected Health Information received from, or created or received by Business Associate on behalf of, Covered Entity available to the Covered Entity, and/or to the Secretary for the U.S. Department of Health and Human Services, in a time and manner designated by the Page 1013 o o o ATTACHMENT G Covered Entity or the Secretary, for purposes of the Secretary determining Covered Entity's compliance with the Privacy Rule. i. Business Associate shall document such disclosures of Protected Health Information and information related to such disclosures as would be required for Covered Entity to respond to a request by an Individual for an accounting of disclosures of Protected Health Information in accordance with 45 CFR 164.528. j. Business Associate shall provide to Covered Entity or an Individual, in time and manner designated by the Covered Entity], information collected in accordance with provision (i), above, to permit Covered Entity to respond to a request by the Individual for an accounting of disclosures of Protected Health Information in accordance with 45 CFR 164.528. k. Upon termination of this Contract, Business Associate shall return all Protected Health Information required to be retained (and return or destroy all other Protected Health Information) received from the Covered Entity, or created or received by the Business Associate on behalf of the Covered Entity. In the evel"\t the Business Associate determines that returning the Protected Health Information is not feasible, the Business Associate shall provide the Covered Entity with notification of the conditions that make return not feasible. II. Specific Use and Disclosure Provisions. a. Except as otherwise limited in this Contract, Business Associate may use Protected Health Information for the proper management and administration of the Business Associate or to carry out the legal responsibilities of the Business Associate. b. Except as otherwise limited in this Contract, Business Associate may disclose Protected Health Information for the proper management and administration of the Business Associate, provided that disclosures are Required By Law, or Business Associate obtains reasonable assurances from the person to whom the information is disclosed that it will remain confidential and used or further disclosed only as Required By Law or for the purpose for which it was disclosed to the person, and the person notifies the Business Associate of any instances of which it is aware in which the confidentiality of the information has been breached. c. Except as otherwise limited in this Contract, Business Associate may use Protected Health Information to provide Data Aggregation services to Covered Entity as permitted by 42 CFR 164.504(e)(2)(i)(B). d. Business Associate may use Protected Health Information to report violations of law to appropriate Federal and State authorities, consistent with 42 CFR 164.5020)(1). Page 2 of 3 o c o ATTACHMENT G III. Obligations of Covered Entity. a. Covered Entity shall notify Business Associate of any limitation(s) in its notice of privacy practices of Covered Entity in accordance with 45 CFR 164.520, to the extent that such limitation may affect Business Associate's use or disclosure of Protected Health Information. b. Covered Entity shall notify Business Associate of any changes in, or revocation of, permission by Individual to use or disclose Protected Health Information, to the extent that such changes may affect Business Associate's use or disclosure of Protected Health Information. c. Covered Entity shall notify Business Associate of any restriction to the use or disclosure of Protected Health Information that Covered Entity has agreed to in accordance with 45 CFR 164.522, to the extent that such restriction may affect Business Associate's use or disclosure of Protected Health Information. IV. General Provisions. a. Remedies. Business Associate agrees that Covered Entity shall be entitled to seek immediate injunctive relief as well as to exercise all other rights and remedies which Covered Entity may have at law or in equity in the event of an unauthorized use or disclosure of Protected Health Information by Business Associate or any agent or subcontractor of Business Associate that received Protected Health Information from Business Associate. b. Ownership. The Protected Health Information shall be and remain the property of the Covered Entity. Business Associate agrees that it acquires no title or rights to the Protected Health Information. c. Reaulatorv References. A reference in this Contract to a section in the Privacy Rule means the section as in effect or as amended. d. Amendment. The Parties agree to take such action as is necessary to amend this Contract from time to time as is necessary for Covered Entity to comply with the requirements of the Privacy Rule and the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191. e. Interpretation. Any ambiguity in this Contract shall be resolved to permit Covered Entity to comply with the Privacy Rule. Page 3 of 3 :I: '" I- - ... 0 z 0 IU .. :!! '" Ol :I: '" " 0.. <.l E <I: " ~ "0 <I: <.) -0 .. '" 1;; .. + " '" 0- .. ... OC " 1: E " " 0 "0 E <.) <( Cii -0 "8 (5 0 I- .~ .~ 0.. 0.. '" <3 Ol " l" ~ E 1: " I- 0 ijj "0 z <.) <.) <I: OC CI z 0 i= ~ '" I- VI " " Z .. E o ~ " "0 :!! I!! <.) IU " d~ 0::'" I- ~ z .2 0 - VI <.) .. " c " E 0- 0:: .. " ~'" "0 <.) :I: C <I: IU ..J C ::l :I: E .. E is ~ VI .. .. .! is "- VI a. ~ oil VI ~ Q. .. " .! " "- 0 VI a. 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'" 0 0 <( U I- 0-: I- eci l!) o c o ATTACHMENT I HUD LEAD HAZARD CONTROL DEMONSTRATION GRANT Project Completion Notice Please mail one original copy of the report with attachments to: ATTN: Sara Hernandez 351 N. Mountain View Avenue #305 San Bernardino, CA 92415 AGENCY INFORMATION Name of Agency Date of Completion Notice: Report completed by: Phone# I Fax# Project coordinator: Dates that Project coordinator was on site Signature of person completing report: Initial: DurinQ LHC work: Clearance: UNIT INFORMATION I DPH ID#OOO-VYYY Address: D Single family City ZiD D Multiple family Street Stale Start Date: Completion Date: Clearance Information HUD share: $ Clearance Inspection Date: Total Amount: Agency's match: $ Inspector's Name: $ DHS Certificate #: Other matching fund: $ Source: Was relocation necessary? Number of relocation days: Company: Relocation cost: $ Number of occupants relocated: Notice to Owner Date: Place of relocation: Notice to Tenant Date: Contractor that completed the project: Contractor's Lead DHS Certificate #: Please attach the following documents with this Project Completion Notice: 1. Clearance Report 2. Change orders (if applicable) 3. A foundation diagram or sketch of the structure indicating the specific locations where LHC work was conducted. 4. Digital pictures of property after LHC work was completed 5. Copy of Clearance Inspector's Certificate 6. Completed DHS 8551 and 8552 forms.