alameda county community development agency · grant waivers 020910#12e through 020910#12j were...

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Chris Bazar Agency Director hcd Linda M. Gardner Housing Director w. Winton roorn 109 Ha '/ard Calirornia 194544·1215 phone 10.670.5404 fax 510 670 637B TTY 510.265.0253 W'\\'W. ALAMEDA COUNTY COMMUNITY DEVELOPMENT AGENCY HOUSING AND COMMUNITY DEVELOPMENT DEPARTMENT Agenda Item No. May 4, 2010 April 20, 2010 Honorable Board of Supervisors Administration Building Oakland, CA 94612 Dear Board Members: SUBJECT: AUTHORIZE CONTRACTS WITH COMMUNITY-BASED ORGANIZATIONS FOR SOUTHERN ALAMEDA COUNTY RECOMMENDATION: Approve and authorize the execution of approved in-principle contracts with the following community-based organizations to fund transitional rental assistance and supportive services under the Supportive Housing Program's (SlIP) Southern Alameda County Housing/Jobs Linkages Program and to add HOME funds to Contract No. 4913: A Contract No. 4938 - Building Futures With Women and Children (Principal: Liz Varela; Location: San Leandro) for total of $40,577 for the period March 1, 2010 through May 31, 2011; B. Contract No. 4932 - Emergency Shelter Program (Principal: Ralp,h Johnson; Location: Hayward) for total of $40,577 for the period March 1, 2010 through May 31,2011; C. Contract No. 4924 - Family Emergency Shelter Coalition (principal: Cate Steane; Location: Hayward) for total of $40,577 for the period March 1, 2010 through May 31,2011; D. Contract No. 4943 - Safe Alternatives to Violent Environments (principal: Rodney Clark; Location: Fremont) for total of $40,577 for the period March 1, 2010 through May 31, 2011; E. Contract No. 4931 - Tri-Valley Haven for Women (principal: Ann King; Location: Livermore) for total of $81,154 for the period March 1, 2010 through May 31,2011; and F. Contract No. 4913 - Abode Services (formerly Tri-City Homeless Coalition) (principal: Louis D. Chicoine; Location: Fremont) for total of $582, 199 ($422,199 in SlIP funds and $160,000 in HOME funds) for the period December 1,2009 through May 31,20] 1.

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Page 1: ALAMEDA COUNTY COMMUNITY DEVELOPMENT AGENCY · Grant Waivers 020910#12E through 020910#12J were approved for these contracts. OnMarch 29,2010, HCn received the grant agreement from

Chris Bazar Agency Director

~ hcd

Linda M. Gardner Housing Director

n~

w. Winton A~nuc

roorn 109

Ha '/ard Calirornia

194544·1215

phone 10.670.5404

fax 510 670 637B

TTY 510.265.0253

W'\\'W.

c(g')v.or~ c:ct~

ALAMEDA COUNTY COMMUNITY DEVELOPMENT AGENCY •HOUSING AND COMMUNITY DEVELOPMENT DEPARTMENT

Agenda Item No. May 4, 2010

April 20, 2010

Honorable Board of Supervisors Administration Building Oakland, CA 94612

Dear Board Members:

SUBJECT: AUTHORIZE CONTRACTS WITH COMMUNITY-BASED ORGANIZATIONS FOR SOUTHERN ALAMEDA COUNTY BOUSmGaOBSLllfflAGESPROG~

RECOMMENDATION:

Approve and authorize the execution of approved in-principle contracts with the following community-based organizations to fund transitional rental assistance and supportive services under the Supportive Housing Program's (SlIP) Southern Alameda County Housing/Jobs Linkages Program and to add HOME funds to Contract No. 4913:

A Contract No. 4938 - Building Futures With Women and Children (Principal: Liz Varela; Location: San Leandro) for total of $40,577 for the period March 1, 2010 through May 31, 2011;

B. Contract No. 4932 - Emergency Shelter Program (Principal: Ralp,h Johnson; Location: Hayward) for total of $40,577 for the period March 1, 2010 through May 31,2011;

C. Contract No. 4924 - Family Emergency Shelter Coalition (principal: Cate Steane; Location: Hayward) for total of $40,577 for the period March 1, 2010 through May 31,2011;

D. Contract No. 4943 - Safe Alternatives to Violent Environments (principal: Rodney Clark; Location: Fremont) for total of $40,577 for the period March 1, 2010 through May 31, 2011;

E. Contract No. 4931 - Tri-Valley Haven for Women (principal: Ann King; Location: Livermore) for total of$81,154 for the period March 1, 2010 through May 31,2011; and

F. Contract No. 4913 - Abode Services (formerly Tri-City Homeless Coalition) (principal: Louis D. Chicoine; Location: Fremont) for total of $582, 199 ($422,199 in SlIP funds and $160,000 in HOME funds) for the period December 1,2009 through May 31,20] 1.

Page 2: ALAMEDA COUNTY COMMUNITY DEVELOPMENT AGENCY · Grant Waivers 020910#12E through 020910#12J were approved for these contracts. OnMarch 29,2010, HCn received the grant agreement from

Board of Supervisors April 20, 2010 Page 2 of3

SUMMARYIDISCUSSION:

Each year, the Community Development Agency's (CDA) Housing and Community Development Department (RCD), in partnership with the Cities ofBerkeley and Oakland and EveryOne Home, convenes a process to submit an application for Homeless McKinney funding to the U.S. Department ofHousing and Urban Development (HUD). Since 1996, this application has brought more than $100 million in funding for homeless programs throughout Alameda County. On December 23, 2009, HUD awarded more than $21 million to forty-seven existing housing and service programs serving homeless people in Alameda County.

This grant process includes funding awards through HUD' s Supportive Housing Program (SlIP) and Shelter Plus Care Program (S+C). SlIP provides permanent and transitional housing and supportive services. Of the forty-seven grants in this year's award, HCD is the recipient of ten renewal SlIP grants and four S+C grants. After Hcn receives official notification of the awards, it can take months to complete the grant renewal process and enter into formal grant agreements with HUD. On February 9,2010, your Board accepted the renewal grant for Southern Alameda County HousingIJobs Linkages Program from HOD, and authorized in­principle contracts between community-based organizations and the County with a start date of March 1, 2010. Reviewed by the Auditor Controller's Office ofContract Compliance, Federal Grant Waivers 020910#12E through 020910#12J were approved for these contracts. On March 29,2010, HCn received the grant agreement from HOD and these contracts are being brought back to your Board for formal execution.

The Linkages Program is a seven-member agency collaborative (six support services organizations and the County) which has been working together for more than ten years to develop and implement this transitional housing program in scattered sites in Alameda County. In addition to the services organizations mentioned above, Abode Services administers the leased housing portion ofthis SlIP grant. Families linked with participating shelters receive up to 24 months ofrental subsidy while working or attending vocational training, developing independent living and life skills, and addressing individual and family issues. Linkages has been very successful in assisting homeless families to transition to self-sufficiency in a relatively short period of time and to ensure that they have developed the skills and incomes needed to remain self-sufficient and housed in the community once the subsidy has ended. Linkages provides transitional housing, job preparation and placement, case management, child care and support services to approximately 47 families annually.

SELECTION CRITERIA:

In 1998, CDA 's Housing andCommunity Development Department (HCD) was awarded the first renewable Supportive Housing Program (SHP) Grant. That grant was awarded through the Continuum ofCare process at a local level, and as part ofthe County-Wide Homeless Continuum ofCare application at the Federal Level. The SHP program allowsfor the renewal

Page 3: ALAMEDA COUNTY COMMUNITY DEVELOPMENT AGENCY · Grant Waivers 020910#12E through 020910#12J were approved for these contracts. OnMarch 29,2010, HCn received the grant agreement from

Board ofSupervisors April 20, 2010 Page 3 of3

ofgrants, andeachyear since thefirst year, this project's grant has been renewed by BUD. The prior grant ranfrom March 1, 2009 through February 28, 2010. The new grant begins on March 1, 2010 andruns through May31, 2011. The funds under this grant are awarded specificallyfor this project andmay not be used on other projects.

FINANCING:

Funds for these contracts and administration will come from the associated HOD grant and General Funds already included in CDA's budget. There is no increased Net County Cost as a result ofthis action.

~tru1YYour~,~ n)) cb) ~\.-6=~.-{) J[)

r:.1Chris Bazar, Directoro\Community Development Agency

Attachment

cc: Susan Muranishi, County Administrator Patrick O'Connell, Auditor.controller Richard Winnie, County Counsel Louie Martirez, County Administrator's Office Andrea Weddle, Office ofthe County Counsel U.B. Singh, CDA Finance Director

G:\HCD\HOMELESS\SHP\LINKAGES\FY 2009\fys Linkages CAOO118B9T020802 BOS Ltr.doc

Page 4: ALAMEDA COUNTY COMMUNITY DEVELOPMENT AGENCY · Grant Waivers 020910#12E through 020910#12J were approved for these contracts. OnMarch 29,2010, HCn received the grant agreement from

Contract Reference No.: 4938

CONTRACT BY AND BETWEEN

BUILDING FUTURES WITH WOMEN AND CHILDREN AND

THE COUNTY OF ALAMEDA

THIS AGREEMENT, made and entered into this 1st day of May, 2010 by and between the COUNTY OF ALAMEDA, a body corporate and politic of the State of California, hereinafter referred to as "COUNTY" and BUILDING FUTURES WITH WOMEN AND CHILDREN, hereinafter referred to as "CONTRACTOR".

WITNESSETH:

WHEREAS, COUNTY has received funding from the U.S. Department of Housing and Urban Development under the Supportive Housing Program for Fiscal Year 2009; and

WHEREAS, COUNTY is desirous of contracting with CONTRACTOR for the provision of certain services, a description of which are presented in Exhibit A, attached hereto; and

WHEREAS, CONTRACTOR is willing and able to perform duties and render services which are determined by the Board of Supervisors to be necessary or appropriate for the welfare of residents of County; and

WHEREAS, COUNTY desires that such duties and services be provided by CONTRACTOR, and CONTRACTOR agrees to perform such duties and render such services, as more particularly set forth below:

NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED as follows:

1. Attached hereto, marked Exhibit A, and by this reference made a part hereof, is a description of the duties and services to be performed for COUNTY by CONTRACTOR, and CONTRACTOR agrees to comply with all provisions, to perform all work, and to provide all such duties and services set forth in Exhibit A in a professional and diligent manner.

2. COUNTY has allocated the sum of $40,577 to be expended as described in this contract. Unless an amendment to this contract otherwise provides, that amount shall in no event be exceeded by CONTRACTOR, and COUNTY shall under no circumstances be required to pay in excess of that amount. Payment shall be made pursuant to the terms and conditions set forth in Exhibit B, attached hereto and by this reference made a part hereof. Sums not so paid shall be retained by COUNTY.

3. The term of this contract begins on the 1st day of March, 2010 and ends on the 31st day of May, 2011.

4. CONTRACTOR shall maintain on a current basis standard financial and

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Page 5: ALAMEDA COUNTY COMMUNITY DEVELOPMENT AGENCY · Grant Waivers 020910#12E through 020910#12J were approved for these contracts. OnMarch 29,2010, HCn received the grant agreement from

administrative records regarding the verification of tenant incomes and household composition, determination of rental subsidy amounts and inspections and approvals of properties pursuant to Housing Quality Standards and other HUD guidelines, including-source documents supporting accounting transactions, eligibility and occupancy records as may be applicable, and related documents and records to assure proper accounting of funds and performance of this contract in accordance with instructions provided and to be provided by COUNTY. All records are to be maintained for a period of at least three years. CONTRACTOR shall comply with all such instructions. CONTRACTOR will cooperate with COUNTY in the preparation of, and will furnish any and all information required for reports to be prepared by COUNTY as may be required by the rules, regulations, or requirements of COUNTY or of any other government entity. To the extent permitted by law, CONTRACTOR will also permit access to aU books, accounts, or records of any kind to COUNTY or to any other governmental entity for purposes of audit or investigation, in order to ascertain compliance with the provisions of this contract.

5. CONTRACTOR shall maintain, at all times during the term of this contract, the insurance and bonding documentation described in Exhibit C to this contract, and shall comply with all other requirements set forth in that Exhibit.

6. HOLD HARMLESS/INDEMNIFICATION: To the fullest extent permitted by law, CONTRACTOR shall hold harmless, defend and indemnify the COUNTY, its Board of Supervisors, officers, employees and agents (collectively "Indemnitees") from and against any and all claims, losses, damages, liabilities or expenses, including reasonable attorney fees, incurred in the defense thereof, for the death or injury to any person or persons (including employees of CONTRACTOR OR COUNTY) or damage of any property (including property of CONTRACTOR or COUNTY) which arises out of or is any way connected with the performance of this agreement (collectively "Liabilities") except where such Liabilities are proximately caused solely by the negligence or willful misconduct of any Indemnitee.

7. COUNTY shall make at least one program evaluation during the term of this contract. COUNTY, with prior written notice of 14 days to contractor, may at any time during the term of this contract conduct an evaluation of the program. Said evaluation shall cover both objectives and program of CONTRACTOR. CONTRACTOR shall maintain and retain records with respect to such objectives, program, and evaluations, and shall cooperate with COUNTY in making these or any other evaluation reports; CONTRACTOR shall permit access by COUNTY to the premises, shall furnish all information requested by COUNTY, and shall afford COUNTY access to all such records of _ CONTRACTOR.

8. CONTRACTOR shall not claim reimbursement from COUNTY for (or apply sums received from COUNTY) with respect to that portion of its obligations which has been paid by another source of revenue. However, unrestricted or undesignated private charitable donations and contributions shall not be considered revenue applicable to this contract. CONTRACTOR has total

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freedom in planning for the usage of such resources in expanding and enriching programs, or in providing for such other operating contingencies as it may desire. Sums received as a result of applications for funds from public or private organizations shall be considered such revenue insofar as such sums are or can be applied to the work to be performed by contractor pursuant to this contract. Nothing herein shall be deemed to prohibit CONTRACTOR from contracting with more than one entity to perform additional work similar to or the same as that herein contracted for.

9. None of the work to be performed by CONTRACTOR shall be subcontracted without the prior written consent of COUNTY. CONTRACTOR shall be as fully responsible to COUNTY for the acts and omissions of any subcontractors, and of persons either directly or indirectly employed by them, as CONTRACTOR is for the acts and omissions of persons directly employed by CONTRACTOR. CONTRACTOR shall not transfer any interest in this contract (whether by assignment or novation) without the prior written approval of COUNTY. No party shall, on the basis of this contract, in any way contract on behalf of, or in the name of, the other party to the contract, and any attempted violation of the provisions of this sentence shall confer no rights, and shall be void.

10. Neither the CONTRACTOR nor any of its employees shall by virtue of this contract be an employee of COUNTY for any purpose whatsoever, nor shall it or they be entitled to any of the rights, privileges, or benefits of COUNTY employees. CONTRACTOR shall be deemed at all times an independent contractor and shall be wholly responsible for the manner in which it performs the services required of it by the terms of this contract. CONTRACTOR assumes exclusively the responsibility for the acts of its employees as they relate to the services to be provided during the course and scope of their employment.

11. CONTRACTOR agrees to maintain the confidentiality of any information which may be obtained with this work. COUNTY shall respect the confidentiality of information furnished by CONTRACTOR to COUNTY.

12. If, through any cause, CONTRACTOR shall fail to fulfill in timely and proper manner its obligations under this contract, or if CONTRACTOR shall violate any of the covenants, agreements, or stipulations of this contract, COUNTY shall thereupon have the right to terminate this contract by giving written notice to CONTRACTOR of such termination and specifying the effective date of such termination. Without prejudice to the foregoing, CONTRACTOR agrees that if, prior to the termination or expiration of this contract, upon any final or interim audit by COUNTY, COUNTY finds that Contract has failed to fulfill its obligations under this contract in a timely and proper manner, that CONTRACTOR shall forthwith bring itself into compliance and shall pay to COUNTY forthwith whatever sums are so disclosed to be due to COUNTY (or shall, at COUNTY's election, permit COUNTY to deduct such sums from whatever amount remains undisbursed by COUNTY to CONTRACTOR pursuant to this contract); if this contract shall have terminated or expired, and it shall be disclosed upon such audit, or otherwise, that such failure shall have occurred, the CONTRACTOR shall pay to COUNTY forthwith whatever

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Page 7: ALAMEDA COUNTY COMMUNITY DEVELOPMENT AGENCY · Grant Waivers 020910#12E through 020910#12J were approved for these contracts. OnMarch 29,2010, HCn received the grant agreement from

sums are so disclosed to, or determined by, COUNTY to be due to COUNTY, or shall, at COUNTY's election, permit the COUNTY to deduct such sums from whatever amounts remain undistributed by COUNTY to CONTRACTOR pursuant to this or any other contract between the COUNTY and CONTRACTOR. Anything in this contract to the contrary notwithstanding, COUNTY or CONTRACTOR shall have the right to terminate this contract with or without cause at any time upon giving at least 30 days' written notice prior to the effective date of such termination.

13. CONTRACTOR shall comply with all applicable laws, ordinances, and codes of Federal, State and local governments, in performing any of the work embraced by this contract. This shall include obtaining any licenses, permits or waivers necessary to legally own or operate any facility or perform any work or service covered by this contract.

14. CONTRACTOR shall retain the property acquired with funds under this contract as long as there is a need for the property to accomplish the purpose of the program whether or not the program continues to be supported by COUNTY funds. For disposition of property having a useful life of more than one year and an acquisition cost of $5,000 or more per unit, CONTRACTOR shall request disposition instructions from COUNTY. All personal property acquired with funds pursuant to this contract shall be acquired in compliance with Federal Management Circular 74-7, Attachment N - Property Management Standards.

15. COUNTY shall assign a liaison to CONTRACTOR with respect to the performance of this contract. In the event that a budget is one of the Exhibits to this contract, and if any adjustment in the line items in that budget is requested by CONTRACTOR, such adjustment may be made upon receipt by CONTRACTOR of the written approval of the liaison. Such budget adjustment shall not alter (1) the basic scope of services or other performance to be provided under this contract, (2) the time of performance of any act hereunder, or (3) the total amount of money allocated hereunder.

16. CONTRACTOR agrees to comply with all requirements which are now, or which may hereafter be, imposed by the Supportive Housing Program and HUD, as well as such requirements as may be imposed by COUNTY. This includes, but is not limited to: 24 CFR Part 583 (Sup·portive Housing Program); 24 CFR part 85 (OMB Circulars A-102, A-87, A-110 and A-122); 24 CFR part 87, anti-lobbying requirements, 24 CFR part 24, debarred or suspended contractors; and 24 CFR part 35, and the Lead-based Paint Poisoning Prevention Act. No persons shall be displaced as a result of a project funded under this agreement. CONTRACTOR agrees that it will not use funds received pursuant to this agreement, either directly or indirectly, as a contribution in order to obtain any Federal funds under any Federal programs without prior written approval of COUNTY. Further, CONTRACTOR agrees that upon the return of any funds granted, loaned, or otherwise distributed by the CONTRACTOR that COUNTY paid to CONTRACTOR under this contract, or the receipt of any funds by the CONTRACTOR as a direct result of any funds granted, loaned, or otherwise distributed by the CONTRACTOR that COUNTY paid to CONTRACTOR under this contract, CONTRACTOR shall

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return the funds to COUNTY, unless COUNTY otherwise directs in writing.

17. CONTRACTOR agrees that no person in the United States shall, on the grounds of race, color, religion, national origin, sex, sexual orientation, handicap, ancestry, or age be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available to CONTRACTOR by COUNTY pursuant to this contract.

18. CONTRACTOR shall submit all claims for reimbursement under the contract within thirty (30) days after the ending date of the contract. All claims submitted after thirty (30) days following the ending date of this contract will not be subject to reimbursement by the COUNTY. Any "obligations incurred" included in claims for reimbursements and paid by the COUNTY which remain unpaid by the CONTRACTOR after thirty (30) days following the ending date of the contract will be disallowed under audit by the COUNTY.

19. CONTRACTOR and COUNTY recognize that unforeseen events may cause significant increases in the costs to be borne by CONTRACTOR in rendering services hereunder and in otherwise performing this contract. If the Board of Supervisors determines that the CONTRACTOR has incurred unforeseen significant costs, which, if not paid, will interfere substantially with CONTRACTOR's performance hereunder, and reimbursement thereof is necessary in order to prevent undue hardship to the recipients of CONTRACTOR's services, this contract may be amended.

20. CONTRACTOR shall not, during the term of this contract, without obtaining the written consent of COUNTY, permit any member of the governing board of the CONTRACTOR to perform for compensation any administrative or operational functions for the CONTRACTOR with respect to the performance of this contract (including, but not by way of limitation, fiscal, accounting, or bookkeeping functions). Such consent shall be obtained in writing by CONTRACTOR from the CONTRACTOR's liaison with COUNTY. The liaison may consent if the liaison determines such performance to be fair or reasonable. Should the liaison refuse to consent within three weeks of receipt of the request therefore, then CONTRACTOR either shall comply with the liaison's decision, or shall file a letter with the Clerk of the Board of Supervisors protesting the liaison's decision. In that event, the performance of such functions may continue until the Board of Supervisors has decided the matter. The CONTRACTOR shall comply with such Board decision. CONTRACTOR shall not, during the term of this contract, with respect to the performance of this contract, without having promptly disclosed the same to COUNTY in writing:

a. Employ any person who is related by blood or marriage to another employee, a manager, or a member of the governing board of the CONTRACTOR; or

b. Contract for the acquisition of goods or services for more consideration that would be paid for equivalent goods or services on the open market from any person who is related by blood or marriage to a manager or a

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Page 9: ALAMEDA COUNTY COMMUNITY DEVELOPMENT AGENCY · Grant Waivers 020910#12E through 020910#12J were approved for these contracts. OnMarch 29,2010, HCn received the grant agreement from

member of the governing board of the CONTRACTOR; or

c. Contract for the acquisition of goods or services for more consideration than would be paid for equivalent goods or services on the open market from any organization in which any person who is related by blood or marriage to a manager or member of the governing board of the CONTRACTOR has a substantial personal financial interest.

Such disclosure shall be in writing and addressed to the CONTRACTOR's liaison with COUNTY; should said liaison object to such employment or contracting in writing to the CONTRACTOR within three weeks of receipt of the disclosure, then CONTRACTOR either shall not permit such employment or contracting as so disclosed, or shall file a letter with the Clerk of the Board of Supervisors protesting the liaison's decision. In that event said employment or contracting may continue until the Board of Supervisors has decided the matter. The CONTRACTOR shall comply with such Board decision. CONTRACTOR shall not during the term of this contract, permit any member of the governing board of the CONTRACTOR to have or acquire, directly or indirectly, any personal financial interest in the performance of the contract, as by providing goods or services for compensation, or otherwise, without having first disclosed the same to the board, and said member shall not participate in board discussion or action on any such matter.

21. EQUAL EMPLOYMENT OPPORTUNITY PRACTICES PROVISIONS: CONTRACTOR assures that it will comply with Title VII of the Civil Rights Act of 1964 and that no person shall, on the grounds of race, creed, color, disability, sex, sexual orientation, national origin, age, relation, Vietnam era Veterans status, political affiliation, or any other non-merit factor, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this contract.

A. CONTRACTOR shall, in all solicitation or advertisements for applicants for employment placed as a result of this contract, state that it is an Equal Opportunity Employer@ or that all qualified applicants will receive consideration for employment without regard to their race, creed, color, disability, sex, sexual orientation, national origin, age, religion, Vietnam era Veterans status, political affiliation, or any other non-merit factor.

B. CONTRACTOR shall, if requested to do so by the COUNTY, certify that it has not, in the performance of this contract, discriminated against applicants or employees because of their race, creed, color, disability, sex, sexual orientation, national origin, age, religion, Vietnam era Veterans status, political affiliation, or any other non-merit factor.

C. If requested to do so by the COUNTY, CONTRACTOR shall provide the COUNTY with access to copies of all of its records pertaining or relating to its employment practices, except to the extent such records or portions of such records are confidential or privileged under state or federal law.

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D. CONTRACTOR shall recruit vigorously and encourage minority" and women"owned businesses to bid its subcontracts.

E. Nothing contained in this contract shall be construed in any manner so as to require or permit any act which is prohibited by law.

F. The CONTRACTOR shall include the provisions set forth in paragraphs A through E (above) in each of its subcontracts.

CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the awarding authority setting forth the provision of this Equal Employment Opportunity Practices Provisions clause. .

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Page 11: ALAMEDA COUNTY COMMUNITY DEVELOPMENT AGENCY · Grant Waivers 020910#12E through 020910#12J were approved for these contracts. OnMarch 29,2010, HCn received the grant agreement from

22. CONTRACTOR and CONTRACTOR's employees shall comply with the COUNTY's policy of maintaining a drug-free work place and with the requirements of the Drug-free Workplace Act of 1988 and 24 CFR part 24 subpart F. Neither CONTRACTOR nor CONTRACTOR's employees shall unlawfully manufacture, distribute, dispense, possess or use controlled substances, as defined in 21 U.S. code Section 812, including marijuana, heroin, cocaine, and amphetamines, at any COUNTY facility or work site. If CONTRACTOR or any employee of CONTRACTOR is convicted or pleads nolo contendere to a criminal drug statute violation occurring at a COUNTY facility or work site, the CONTRACTOR within five days thereafter shall notify the head of the COUNTY department/agency for which the contract services are performed. Violation of this provision shall constitute a material breach of this agreement.

23. CONTRACTOR agrees to comply with the requirements of the HUD's Section 3 Employment Opportunities for Low-Income Residents Requirements as applicable, attached hereto as Exhibit E.

24. This contract can be amended only by written agreement of the parties hereto.

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IN WITNESS WHEREOF, the parties hereto have executed this contract in triplicate on the day first mentioned above.

COUNTY OF ALAMEDA

By: _

President Board of Supervisors

Approved as to form:

Richard E. Winnie County Counsel

d~~.By _

Andrea L. Weddle Senior Deputy County Counsel

SERVICE PROVIDER

By/)tLL~ Liz Varela Executive Director, Building Futures With Women and Children

1395 Bancroft Avenue, Suite 13 Address

San Leandro, CA 94577 City, State & Zip Code

By signing above, signatory warrants and represents that he/she executed this Agreement in hislher authorized capacity and that by hislher signature on this Agreement, he/she or the entity upon behalf of which he/she acted, executed this Agreement.

94-3100741

Tax Identification Number

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EXHIBIT A SCOPE OF WORK/ACTIVITIES

BETWEEN ALAMEDA COUNTY HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT

AND BUILDING FUTURES WITH WOMEN AND CHILDREN

For Services Provided March 1, 2010 THROUGH February 28,2011

The CONTRACTOR will provide the following services to Linkages participants, as finally determined by COUNTY, upon direction of the COUNTY to begin services:

1. To outreach to families with children living on the streets or places otherwise not intended for human habitation, including victims of domestic violence or abuse. Using existing resources, these families will initially be placed into the shelter.

a. The shelter and service providers will work with the Leasing Coordinator to utilize proven existing street outreach methods, as well as conducting outreach at existing, appropriate points of contact in the community.

b. Case managers will work with homeless families as they enter the shelter to assess their eligibility for the Alameda County Housing-Jobs Linkages Program and other support services.

2. To conduct individual assessments of participant families for the purpose of stabilizing their living situations and toward the creation of Individual Service Plans.

The ultimate goals of the Individualized Service Plans are to assist participants in obtaining and/or remaining in permanent housing; to increase life skills and/or income of participants; and to help participants achieve greater self-determination.

a. Case Managers assess each family's situation, both financially and personally, to determine their ability to commit to and succeed in a self-sufficiency program which leads to sustainable employment and permanent housing.

b. An initial assessment is conducted with the participant family to generate an Individualized Service Plan.

c. Case Managers work with other resource teams, including the Leasing Coordinator to begin assembling the range of resources required to stabilize the family's living situation.

d. Case Managers work with resource teams and the Leasing Coordinator to map a strategy for successfully moving participant families into transitional housing, as well as accessing the self-sufficiency/employment portion of the Linkages Program.

e. The participant family is formally enrolled into the Alameda County Housing/Jobs Linkages Program.

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3. To provide Case Management Services to participant families in order to facilitate their progress from homelessness to stability and eventually self-sufficiency.

a. Case Manager develops and periodically updates, with client participation, a long­term, Individualized Services Plan covering goals related to housing, job training/placement, budgeting and family life skills and stabilization needs.

b. Case Manager maintains up-to-date family participant information and service records on a computerized database and generates reports for funding sources, monitoring and evaluation purposes.

c. Case Manager shares client information with counselors at other programs serving common clients, on a confidential basis and with prior client approval, to facilitate the client's progress, including the Alameda County Housing/Jobs Linkages Program Leasing Coordinator.

d. Case Manager makes regular home visits with client families, after outplacement, to prevent reversion to homelessness.

4. To provide supportive services which are designed to address the individual, special needs of the homeless families to be served.

a. Provision of safe and secure short-term emergency shelter.

b. Work with participant families to ensure timely access to public assistance and income entitlement sources for which they are eligible.

c. Work with client service staff at health and human service programs, job training programs, and affordable housing programs, to make referrals and secure needed services and support.

d. Work with affordable housing coordinators at other programs to find and obtain leased housing and eventually to secure unsubsidized permanent housing.

5. Case Manager will work with participants to address employment needs.

a. Conduct an employment readiness assessment and develop an Individual Employment Plan for each participant in the program. This plan will be coordinated with the participant's Individual Self-Sufficiency Plan.

b. Monitor progress on participant Individual Employment Plans. Plans will be reviewed with the participant as often as necessary but no less frequently than quarterly.

c. Provide or connect participants with resources for employment services including employment assessment, job search skills, resume preparation, work environments orientation such as standards for attendance, behavior and dress, Internet access, online resources for job search, transportation and specialized tools, equipment, clothing, childcare or other support necessary to take part in training or employment.

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d. Make referrals as appropriate to other job training, placement and job development agencies and follow·up on referrals to ensure that participants receive the services.

e. Provide support to participants who become employed through individual and group support, continued training opportunities, referrals and other activities as necessary.

6. Each LINKAGES agency shall be responsible for recruiting and working with a minimum of eight families by the end of this contract period.

7. COUNTY shall have all of the responsibilities for implementation and program oversight as specified in its application to HUD for the FY2009 Housing/Jobs Linkages Program and in the Housing/Jobs Linkages Grant Agreement as executed between COUNTY and the U.S. Department of Housing and Urban Development.

8. Each LINKAGES agency shall participate in the Alameda County Homeless Continuum of Care Council Homeless Management Information System (HMIS), including training, client data entry, producing required reports and working collaboratively with other agencies to utilize the HMIS to its maximum capacity.

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EXHIBITB TERMS AND CONDITIONS FOR PAYMENT

1. COUNTY will pay CONTRACTOR up to $40,577 beginning March 1. 2010 and ending February 28,2011 for services in accordance with the scope of work in Exhibit A and the attached Program Budget, in accordance with the conditions set forth below. CONTRACTOR shall submit monthly invoices no more than monthly including supporting documentation for costs invoiced. Invoices shall be reviewed by the liaison assigned to monitor this Contract and shall be approved by the Community Development Agency Director or his designee.

2. Total payment under the terms of this agreement shall not exceed $40,577. These funds must cover all costs to the CONTRACTOR of providing or contracting for services, as no additional funds will be made available to reimburse expenses incurred in completing the Scope of Work described in Exhibit A.

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EXHIBITB

BUILDING FUTURES WITH WOMEN AND CHILDREN

PROGRAM BUDGET

For Services Provided March 1, 2010 through February 28,2011

Case Manager Salary $33,500

Case Manager Benefits $7,077

TOTAL $40,577

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C

EXHIBITC COUNTY OF ALAMEDA MINIMUM INSURANCE REQUIREMENTS

Without limiting any other obligation or liability under this Agreement, the Contractor, at its sole cost and expense, shall secure and keep in face during the entire term of the Agreement or longer, as may be specified bebN, the following insurance coverage, limits and endorsements:

$1,000,000 per occurrence (CSL)Commercial General LiabilityA

Bodily Injury and Property Damage Advertising Liability, Abuse, Molestation, Sexual Actions, and Assault and Battery Premises Liability; Products and Completed Operations; Contractual Liability; Personal Injury and

$1,000,000 per occurrence (CSL)B Commercial or Business Automobile Liability

Any Auto Automobile Liability is acceptable for individual contractors with no transportation or hauling related All owned vehides, hired or leased vehides, non-QWned, borrowed and pennissive uses. Personal

Bodily Injury and Property Damageactivities

WC: Statutory LimitsWorkers' Compensation (WC) and Employers Liability (EL)

EL: $100,000 per accident for bodily injury or diseaseRequired for all contractors with employees

$1,000,000 per occurrenceProfessional Liability/Errors and Omissionso $2,000,000 aggregateIndudes endorsements of contractual liability

Directors and Officers Liability $1,000,000 per occurrenceE

Including Employment Practices Liability

Employee Dishonesty (ED) and Crime (C) (ED) Minimum of 75% of the FundingF

(ED) Required only if asignificant amount of funding is advanced to contractor. (C) Minimum daily amount kept on premises

(C) Required only if contractor keeps significant sums of money at premises

G Endorsements and Conditions:

1. ADDITIONAL INSURED: General Liability, Automobile Liability, and Directors and Officers Liability Insurance Policies shall be endorsed to name as additional insured: County of Alameda, its Board of Supervisors, the individual members thereof, and all County officers, agents, employees and volunteers. Employee Dishonesty and Crime Insurance Policy shall be endorsed to name as Loss Payee (as interest may arise): County of Alameda, its Board of Supervisors, the individual members thereof, and all County officers, agents, employees and volunteers.

2. DURATION OF COVERAGE: All required insurance shall be maintained during the entire tenn of the Agreement with the following exception: Insurance policies and coverage(s) written on adaims-made basis shall be maintained during the entire tenn of the Agreement and until 3 years following tennination and acceptance of all work proVided under the Agreement with the retroactive date of said insurance (as may be applicable) concurrent with the commencement of activities pursuant to this Agreement.

3. REDUCTION OR LIMIT OF OBLIGATION: All insurance policies shall be primary insurance to any insurance available to the Indemnified Parties and Additional Insured(s). Pursuant to the provisions of this Agreement insurance procured by the Contractor shall not reduce or limit Contractor's contractual obligation to indemnify and defend the Indemnified Parties.

4. INSURER FINANCIAL RATING: Insurance shall be maintained through an insurer with aA.M. Best Rating of no less than A: VII or equivalent shall be admitted to the Slate of Califomia unless otherwise waived by Risk Management and with deductible amounts acceptable to the County. Acceptance of Contractor's insurance by County shall not relieve or decrease the liability of Contractor hereunder. Any deductible or self-insured retention amount or other similar obligation under the policies shall be the sole responsibility of the Contractor.

5. SUBCONTRACTORS: Contractor shall include all subcontractors as an insured (covered party) under its policies or shall fumish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.

6. JOINT VENTURES: If Contractor is an association, partnership or other joint business venture, required insurance shall be provided by anyone of the following methods:

Separate insurance policies issued for each individual entity, with each entity induded as a "Named Insured (covered party), or at minimum named as an "Additional Insured" on the other's policies. Joint insurance program with the association, partnership or other joint business venture included as a "Named Insured.

7. CANCELLATION OF INSURANCE: All required insurance shall be endorsed to provide thirty (30) days advance written notice to the County of cancellation.

8. CERTIFICATE OF INSURANCE: Before commencing operations under this Agreement Contractor shall provide Certificate(s) of Insurance and applicable insurance endorsements, in fonn and satisfactory to County, evidencing that all required insurance coverage is in effect The County reserves the rights to require the Contractor to provide complete, certified copies of all required insurance policies. The require certificate(s) and endorsements must be sent to:

- Department/Agency issuing the contract - With acopy to Risk Management Unit (125 -12 th Street3nl Floor, Oakland, CA 94607)

Certificate C-4d Form 2001-1 (Rev. 03/15/06)

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Page 19: ALAMEDA COUNTY COMMUNITY DEVELOPMENT AGENCY · Grant Waivers 020910#12E through 020910#12J were approved for these contracts. OnMarch 29,2010, HCn received the grant agreement from

I DATE (MMIOOlYYYY)", OPID NL-ACORD CERTIFICATE OF LIABILITY INSURANCE N

PRODUCER McDermott-Costa Co. , Inc. Lic # 0167057 276 Dol.ores Ave San Leandro CA 94577 Phone: 510-351-7460 Fax: 510-357-3230 INSURED

Cornerstone Community Dev DBA Buildinq Futures for Women and Children DBA: Bessie Coleman Court, Inc 1395 Bancroft Avenue San Leandro CA 94577

COVERAGES

BUILD-1 10/09/09 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.

INSURERS AFFORDING COVERAGE NAlC'

INSURER A:. M'onProt'it.' In. Alliance ot' CA

INSURER B: state COIIpIn••tion Ina. Fund

INSURERC: Great AlDQrican Ina. Compani•• 16691 INSURER D: Phil.adelphia Insurance Co. INSURER E:

THE POliCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHO'M'I MAY HAVE BEEN REDUCED BY PAID CLAIMS.

UMiTSPOUCY NUMBER • PJ:,.';!~ }MMlDDtYYf DATE-IMMlODiYV'j"NSRI TYPE OF INSURANCELTR

EACH OCCURRENCEGENERAL UABiUTY $1000000 A $ 500000200908640NPO 07/01/09 07/01/10X mMMERCIAL GENERAl LIABILITY PREMISES lEa OCOJrencel

MED EXP (Any one person)CLAIMS MADE ~ OCCUR $ 20000 PERSONAL & AfN INJURY $1000000

WPROF. LIAB GENERAL AGGREGATE $ 2000000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODtJCTS·COMPK>PAGG $ 2000000

!Xl POLICY n ~~8i n LOC

AUTOMOBILE UABIUTY COMBINED SINGLE LIMIT (Ea accident)

- $1000000 ANY AUTO 200908640NPO 07/01/09 07/01/10A ~ ALL OWNED AUTOS BODILY INJURY- $(Per person)SCHEDULED AUTOS

-HIRED AUTOSX BODILY INJURY- $(Per accident) NON.QWNED AUTOS~

PROPERTY DAMAGE $(Per accident)

$GARAGE LIABIUTY AUTO ONLY· EA ACCIDENT". EAACC $==l ANY AUTO OTHER THAN

AUTO ONLY: $AGG

EXCESSIUMBRELLA lIABIUTY EACH OCCURRENCE S

$ $

AGGREGATE=:J OCCUR o CLAIMS MADE

$ RETENTION $

==i DEDUCTIBLE

$ WORKERS COMPENSAnON AND X ITORY LIMITS I IUl~-EMPLOYERS' UABiUTY

B E.L" EACH ACCIDENT488000112008 01/01/09 s 100000001/01/10ANY PROPRIETORJPARTNERlEXECUTIVE OFFICERIMEMBER EXClUDED? EL DISEASE· EA EMPLOYEE S 1000000 ~~~M!S~~~1grNSbelow EL. DISEASE· POLICY LIMIT $1000000 OTHER

C MAC488405102CRIME 07/01/09 07/01/10 EE Dishon 100,000 D Director & Officer PHSD426575 07/01/09 D&O/EPL 1 000,00007/01/10

DESCRIPTION OF OPERA1l0NS I LOCA1l0NS I VEHICLES I EXCLUSIONS ADDED BY ENOORSEMENT I SPECIAL PROVISIONS

Re: Funding Source Certificate Holder is named additional insured. on General. Liabili ty. *10 days notice for cancellation of non-payment of premium

CERTIFICATE HOLDER CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRAnON~H

DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30* DAYSWRITIEN

NonCE TO THE C"ERTIFICATE HOLDER NAMED TO THE LEn, BUT FAILURE TO DO SO SHALL Alameda County Housing &

IMPOSE NO OBUGAnON OR UABIUTY OF ANY KIND UPON THE INSURER, ITS AGENTS ORCommunity Development Dept. REPRESENTATlVE5.244 W Winton Avenue, Room 108

AUTHORIZED REPRESE~E A.Hayward CA 94544 ..

/ --- -7J~

ACORD 25 (2001/08) @ACORDCORPORATION 1988

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I DATE (MMIOOIYYYY)OPID NLACORD_ CERTIFICATE OF LIABILITY INSURANCE BUILD-1 12/29/09

PRODUCER THIS CERTIFICATE IS ISSUED IS A MATTER OF INFORMATION McDermott-Costa Co., Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Lie • 0167057 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 276 Dolores Ave ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.

San Leandro CA 94577 Phone: 510-351-7460 Fax: 510-357-3230 INSURERS AFFORDING COVERAGE NAlC'

INSURED Cornerstone Community D,V.COrpDBA: Building Futures w Womenand Children DBA: Bessie Coleman Court, Inc1395 Bancroft Avenue San Leandro CA 94577

INSURER A:.

INSURERB:

INSURERC:

INSURER D:

Zenith Insurance Company 13269

INSURERE:

COVERAGES

THE PQl.CIES OF INSURANCE L5TEO BaowHAVE BEEN ISSUED TO THe INSURED NAMED ABOVE FOR THe POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRi'CT OR OTHER DCCUMENT WTH RESPECT TO WHICH THIS CER11F1CATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFCRDED BY THE POl.CIES DESCRBED HEREN IS SUBJECTTO ALL THE TERMS, EXCLUSONS AND CCJlomONS OF SUCH POLICIES. AGGREGATE UMlTS SHJWN MAY HAVE BEEN REDUCED BY PAID ClAMS.

LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE iMMtDIiYW .~* MMlDIJYYl UMIU

GENERAL UABIUTY EACH OCCLRRENCE S -

X COMMERC"'L GENERALUABn.rrY PREMiSEs Ea oc:wrence) S- tJ CLAIMS MADE 0 OCCUR MED EXP (Any one penon) S -PERSONAL &ADV INJJRY S

--:-GENERAlAGGREGATE- S

GEN'l. AGGREGATE UMlT APPUES PER: . PROOUCTS -COMPIOP!'GG S

I POUCY n ~fg: n LOC

AUTOMOBILE UABIUTY COMBINED SNGLE LltIlT - S ANY AUTO (Ea accident)

-

-ALL OWNED AUTOS IlOOtI.Y INJURY

(Per peBOl1) S SCHEDULEDAUTOS-HIRED AUTOS BOOIlY INJURY- S NOO-OWNED AUTOS (Per accident)

-- PRCPERTY DAMAGE S(Per accident)

GARAGE IJII.BIUTY AUTO ONLY - EA ACOOENT SRANYAVTO OTHER THAN EAACC S AUTO ONLY: AGG S

EXCESSIUMBREUA UABIUTY EACH OCCLRRENCE StJ OCCUR o CLAIMS MADE AGGREGATE S

SRDEOUCllBLE S

RETENTION S S

WORKERSCOMPENSA1lONAND X IT~yl)~,~l¥S I lu~{t

A EMPLOYERS" UABIUlY

Z070521501 01/01/10 01/01/11 s 1000000ANY PRCPRIETORIPARTNERlEXECUTIIIE E.L EACH ACCDENT

OFFlCERIMEMBER EXCLUDED? EL DISEASE - EA EMPLOYEE S 1000000 ~~:~~~~sbelow E.L. rASEASE - POlICY UMIT S 1000000 OTHER •

DESCRlP1ION OF OPERA110NS I LOCA1l0NS I VEitCLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPEC"'L PROVISIONS

Proof of Workers Comp Coverage. *10 days notice of cancellation for non· payment of premium.

CERTIFICATE HOLDER CANCELLATION

ALAMMEH SHOULD AKY OF THE ABOVE DESCRIBED POLICIES BE CANCElLED BEFORE THE EXPIRAl10N

DATE THEREOF, THE ISSUING INSURER 'MLL ENDEAVOR TO MAIL 30 * DAYS WRITTEN

NOllCE TO THE CERllFICATE HOLDER NAMED 10 THE LEFT, BUT FAILURE 10 DO SO SHALL Alameda County Housing &

IMPOSE NO OBUGA110N OR UABIUTY OF ANY KINO UPON THE INSURER. ITS AGENTS ORCommunity Development Dept. REPRESENTATIVES.244 W Winton Avenue, Room 108

AUTHORIZED REPRES~EHayward CA 94544 --:1 -j~ ACORD 25 (2001/08) © ACORD CORPORATION 1988

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EXHIBITD COUNTY OF ALAMEDA

DEBARMENT AND SUSPENSION CERTIFICATION For Procurements Over $25,000

The contractor, under penalty of perjury, certifies that, except as noted below, contractor, its principles, and any named 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.

Exceptions will not necessary 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 Standard Services Agreement. Signing this Standard Services Agreement on the signature portion thereof shall also constitute signature of this Certification.

CONTRACTOR: BUILDING FUTURES WITH WOMEN AND CHILDREN

PRINCIPAL: LIZ VARELA / TITLE: EXECUTIVE DIRECTOR

SIGNATURE: / L]v::;a.LL.;// DATE: ---#-1 }"'J II Q

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IIIll I

II

I

EXHIBITE

ALAMEDA COUNTY AFFIRMATIVE ACTION PLAN UNDER SECTION 3 OF THE HOUSING AND URBAN DEVELOPMENT ACT OF 1968

~ PURPOSE

To insure that to the greatest extent feasible, projects financed by the Alameda County Housing and Community Development Program provide business and employment opportunities for businesses in the Alameda County project areas funded by Supportive Housing Program (SHP). ! In all contracts for work in connection with a Community Development project, the following ! clause (referred to as the Section 3 Clause), will be included:

1. The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low· and very low· income persons, particularly persons who are recipients of HUD assistance for housing,

2. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations.

3. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin.

4. The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate actions, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135.

5. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but not before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities be directed, were not filled to circumvent

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the contractor's obligations under 24 CFR part 135.

6. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts.

7. With respect to work performed in connection with section 3 covered Indian housing assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 405e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ill preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of section 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b).

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SECTION 3 EMPLOYMENT PLAN

NAME OF CONTRACTOR: BUILDING FUTURES WITH WOMEN AND CHILDREN

Services to be provided: Support services to homeless persons and their families who are enrolled in the Alameda County Housing/Jobs Linkages Program.

Contract Amount: $40.577

DContract amount does not exceed Section 3 dollar threshold. Section 3 requirements do not apply.

Ixx IContract does not include housing rehabilitation, housing construction or other public construction. Section 3 requirements do not apply.

Dection 3 requirements do apply. Contractor has been notified of Section 3 requirements and has completed the anticipated work force analysis below.

The following work force is anticipated to be necessary to satisfactorily complete this work:

:ob Classifications Existing Work Force Anticipated New Hires

CONTRACTOR agrees to undertake a good faith effort to comply with all of the provisions of Section of the Housing and Urban Development Act of 1968.

BUILDING FUTl)RES WITH WOMEN AND CHILREN Contract

IDate J

G:\HCD\HOMELESS\SHP\LINKAGES\FY 2009\fys BFWC 09 Renewal Contract.doc

Page 19 of 19

I

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III!I!II

Contract Reference No.: 4932

CONTRACT BY AND BETWEEN

EMERGENCY SHELTER PROGRAM AND

THE COUNTY OF ALAMEDA

THIS AGREEMENT, made and entered into this ~ day of May, 2010 by and between COUNTY OF ALAMEDA, a body corporate and politic of the State of Califomia, hereinafter referred to as "COUNTY" and EMERGENCY SHELTER PROGRAM, INC., hereinafter referred to as "CONTRACTOR".

WITNESSETH: t

WHEREAS, COUNTY has received funding from the U.S. Department of Housing and Urban t Development under the Supportive Housing Program for Fiscal Year 2009; and

WHEREAS, COUNTY is desirous of contracting with CONTRACTOR for the provision of certain services, a description of which are presented in Exhibit A, attached hereto; and

WHEREAS, CONTRACTOR is willing and able to perform duties and render services which are determined by the Board of Supervisors to be necessary or appropriate for the welfare of residents of County; and

WHEREAS, COUNTY desires that such duties and services be provided by CONTRACTOR, and CONTRACTOR agrees to perform such duties and render such services, as more particularly set forth below:

NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED as follows:

1. Attached hereto, marked Exhibit A, and by this reference made a part hereof, is a description of the duties and services to be performed for COUNTY by CONTRACTOR, and CONTRACTOR agrees to comply with all provisions, to perform all work, and to provide all such duties and services set forth in Exhibit A in a professional and diligent manner.

2. COUNTY has allocated the sum of $40,577 to be expended as described in this contract. Unless an amendment to this contract otherwise provides, that amount shall in no event be exceeded by CONTRACTOR, and COUNTY shall under no circumstances be required to pay in excess of that amount. Payment shall be made pursuant to the terms and conditions set forth in Exhibit It attached hereto and by this reference made a part hereof. Sums not so paid shall be retained by COUNTY.

3. The term of this contract begins on the ~ day of March, 2010 and ends on the 31 st day of May, 2011.

4. CONTRACTOR shall maintain on a current basis standard financial and administrative records regarding the verification of tenant incomes and household composition, determination of rental subsidy amounts and inspections and approvals of properties pursuant to Housing Quality Standards and other HUD guidelines, including-source documents supporting accounting transactions, eligibility and occupancy records as may be applicable, and related documents and records to assure proper accounting offunds and performance of this contract in accordance with instructions provided and to be provided by COUNTY. All records are to be maintained for a period of at least three years.

Page 1 of 16

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CONTRACTOR shall comply with all such instructions. CONTRACTOR will cooperate with COUNTY in the preparation of, and will furnish any and all information required for reports to be prepared by COUNTY as may be required by the rules, regulations, or requirements of COUNTY or of any other government entity. To the extent permitted by law, CONTRACTOR will also permit access to all books, accounts, or records of any kind to COUNTY or to any other governmental entity for purposes of audit or investigation, in order to ascertain compliance with the provisions of this contract.

5. CONTRACTOR shall maintain, at all times during the term of this contract, the insurance and bonding documentation described in Exhibit C to this contract, and shall comply with all other requirements set forth in that Exhibit.

6. HOLD HARMLESS/INDEMNIFICAnON: To the fullest extent permitted by law, CONTRACTOR shall hold harmless, defend and indemnify the COUNTY, its Board of Supervisors, officers, employees and agents (collectively "Indemnitees") from and against any and all claims, losses, damages, liabilities or expenses, including reasonable attorney fees, incurred in the defense thereof, for the death or injury to any person or persons (including employees of CONTRACTOR OR COUNTY) or damage of any property (including property of CONTRACTOR or COUNTY) which arises out of or is any way connected with the performance of this agreement (collectively "Liabilities") except where such Liabilities are proximately caused solely by the negligence or willful misconduct of any Indemnitee.

7. COUNTY shall make at least one program evaluation during the term of this contract. COUNTY, with prior written notice of 14 days to contractor, may at any time during the term of this contract conduct an evaluation of the program. Said evaluation shall cover both objectives and program of CONTRACTOR. CONTRACTOR shall maintain and retain records with respect to such objectives, program, and evaluations, and shall cooperate with COUNTY in making these or any other evaluation reports; CONTRACTOR shall permit access by COUNTY to the premises, shall furnish all information requested by COUNTY, and shall afford COUNTY access to all such records of CONTRACTOR.

8. CONTRACTOR shall not claim reimbursement from COUNTY for (or apply sums received from COUNTY) with respect to that portion of its obligations which has been paid by another source of revenue. However, unrestricted or undesignated private charitable donations and contributions shall not be considered revenue applicable to this contract. CONTRACTOR has total freedom in planning for the usage of such resources in expanding and enriching programs, or in providing for such other operating contingencies as it may desire. Sums received as a result of applications for funds from public or private organizations shall be considered such revenue insofar as such sums are or can be applied to the work to be performed by contractor pursuant to this contract. Nothing herein shall be deemed to prohibit CONTRACTOR from contracting with more than one entity to perform additional work similar to or the same as that herein contracted for.

9. None of the work to be performed by CONTRACTOR shall be subcontracted without the prior written consent of COUNTY. CONTRACTOR shall be as fully responsible to COUNTY for the acts and omissions of any subcontractors, and ofpersons either directly or indirectly employed by them, as CONTRACTOR is for the acts and omissions of persons directly employed by CONTRACTOR. CONTRACTOR shall not transfer any interest in this contract (whether by assignment or novation) without the prior written approval of COUNTY. No party shall, on the basis ofthis contract, in any way contract on behalf of, or in the name of, the other party to the contract, and any attempted violation of the provisions of this sentence shall confer no rights, and shall be void.

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10. Neither the CONTRACTOR nor any of its employees shall by virtue of this contract be an employee of COUNTY for any purpose whatsoever, nor shall it or they be entitled to any of the rights, privileges, or benefits of COUNTY employees. CONTRACTOR shall be

I

Ii

III

deemed at all times an independent contractor and shall be wholly responsible for the manner in which it performs the services required of it by the terms of this contract. CONTRACTOR assumes exclusively the responsibility for the acts of its employees as they relate to the services to be provided during the course and scope of their employment.

II. CONTRACTOR agrees to maintain the confidentiality of any information which may be obtained with this work. COUNTY shall respect the confidentiality of information furnished by CONTRACTOR to COUNTY.

12. If, through any cause, CONTRACTOR shall fail to fulfill in timely and proper manner its .obligations under this contract, or if CONTRACTOR shall violate any of the covenants, agreements, or stipulations of this contract, COUNTY shall thereupon have the right to terminate this contract by giving written notice to CONTRACTOR of such termination and ~

specifying the effective date of such termination. Without prejudice to the foregoing, ! CONTRACTOR agrees that if, prior to the termination or expiration of this contract, upon any final or interim audit by COUNTY, COUNTY finds that Contract has failed to fulfill its obligations under this contract in a timely and proper manner, that CONTRACTOR shall forthwith bring itself into compliance and shall pay to COUNTY forthwith whatever sums are so disclosed to be due to COUNTY (or shall, at COUNTY's election, permit COUNTY to deduct such sums from whatever amount remains undisbursed by COUNTY to CONTRACTOR pursuant to this contract); ifthis contract shall have terminated or expired, and it shall be disclosed upon such audit, or otherwise, that such failure shall have occurred, the CONTRACTOR shall pay to COUNTY forthwith whatever sums are so disclosed to, or determined by, COUNTY to be due to COUNTY, or shall, at COUNTY's election, permit the COUNTY to deduct such sums from whatever amounts remain undistributed by COUNTY to CONTRACTOR pursuant to this or any other contract between the COUNTY and CONTRACTOR. Anything in this contract to the contrary notwithstanding, COUNTY or CONTRACTOR shall have the right to terminate this contract with or without cause at any time upon giving at least 30 days' written notice prior to the effective date of such termination.

13. CONTRACTOR shall comply with all applicable laws, ordinances, and codes of Federal, State and local governments, in performing any of the work embraced by this contract. This shall include obtaining any licenses, permits or waivers necessary to legally own or operate any facility or perform any work or service covered by this contract.

14. CONTRACTOR shall retain the property acquired with funds under this contract as long as there is a need for the property to accomplish the purpose of the program whether or not the program continues to be supported by COUNTY funds. For disposition ofproperty having a useful life of more than one year and an acquisition cost of$5,000 or more per unit, CONTRACTOR shall request disposition instructions from COUNTY. All personal property acquired with funds pursuant to this contract shall be acquired in compliance with Federal Management Circular 74-7, Attachment N - Property Management Standards.

15. COUNTY shall assign a liaison to CONTRACTOR with respect to the performance ofthis contract. In the event that a budget is one of the Exhibits to this contract, and if any adjustment in the line items in that budget is requested by CONTRACTOR, such adjustment may be made upon receipt by CONTRACTOR of the written approval of the liaison. Such budget adjustment shall not alter (l) the basic scope of services or other performance to be provided under this contract, (2) the time ofperformance of any act hereunder, or (3) the total amount of money allocated hereunder.

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16. CONTRACTOR agrees to comply with all requirements which are now, or which may hereafter be, imposed by the Supportive Housing Program and HUD, as well as such requirements as may be imposed by COUNTY. This includes, but is not limited to: 24 CFR Part 583 (Supportive Housing Program); 24 CFR part 85 (OMB Circulars A-102, A­87, A-II0 and A-122); 24 CFR part 87, anti-lobbying requirements, 24 CFR part 24, debarred or suspended contractors; and 24 CFR part 35, and the Lead-based Paint Poisoning Prevention Act. No persons shall be displaced as a result of a project funded under this agreement. CONTRACTOR agrees that it will not use funds received pursuant to this agreement, either directly or indirectly, as a contribution in order to obtain any Federal funds under any Federal programs without prior written approval of COUNTY. Further, CONTRACTOR agrees that upon the return of any funds granted, loaned, or otherwise distributed by the CONTRACTOR that COUNTY paid to CONTRACTOR under this contract, or the receipt of any funds by the CONTRACTOR as a direct result of any funds granted, loaned, or otherwise distributed by the CONTRACTOR that COUNTY paid to CONTRACTOR under this contract, CONTRACTOR shall return the funds to COUNTY, unless COUNTY otherwise directs in writing.

17. CONTRACTOR agrees that no person in the United States shall, on the grounds of race, color, religion, national origin, sex, sexual orientation, handicap, ancestry, or age be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available to CONTRACTOR by COUNTY pursuant to this contract.

18. CONTRACTOR shall submit all claims for reimbursement under the contract within thirty (30) days after the ending date of the contract. All claims submitted after thirty (30) days following the ending date of this contract will not be subject to reimbursement by the COUNTY. Any "obligations incurred" included in claims for reimbursements and paid by the COUNTY which remain unpaid by the CONTRACTOR after thirty (30) days following the ending date of the contract will be disallowed under audit by the COUNTY. t

19. CONTRACTOR and COUNTY recognize that unforeseen events may cause significant l ~ increases in the costs to be borne by CONTRACTOR in rendering services hereunder and

in otherwise performing this contract. If the Board of Supervisors determines that the CONTRACTOR has incurred unforeseen significant costs, which, if not paid, will interfere substantially with CONTRACTOR's performance hereunder, and reimbursement thereof is necessary in order to prevent undue hardship to the recipients of CONTRACTOR's services, this contract may be amended.

20. CONTRACTOR shall not, during the term of this contract, without obtaining the written consent of COUNTY, permit any member of the governing board of the CONTRACTOR to perform for compensation any administrative or operational functions for the CONTRACTOR with respect to the performance of this contract (including, but not by way of limitation, fiscal, accounting, or bookkeeping functions). Such consent shall be obtained in writing by CONTRACTOR from the CONTRACTOR's liaison with COUNTY. The liaison may consent if the liaison determines such performance to be fair or reasonable. Should the liaison refuse to consent within three weeks of receipt of the request therefore, then CONTRACTOR either shall comply with the liaison's decision, or shall file a letter with the Clerk of the Board of Supervisors protesting the liaison's decision. In that event, the performance of such functions may continue until the Board of Supervisors has decided the matter. The CONTRACTOR shall comply with such Board decision. CONTRACTOR shall not, during the term of this contract, with respect to the performance of this contract, without having promptly disclosed the same to COUNTY in writing:

a. Employ any person who is related by blood or marriage to another employee, a

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manager, or a member of the governing board of the CONTRACTOR; or

b. Contract for the acquisition of goods or services for more consideration that would be paid for equivalent goods or services on the open market from any person who is related by blood or marriage to a manager or a member of the governing board of the CONTRACTOR; or

c. Contract for the acquisition of goods or services for more consideration than would be . paid for equivalent goods or services on the open market from any organization in which any person who is related by blood or marriage to a manager or member of the governing board of the CONTRACTOR has a substantial personal financial interest.

Such disclosure shall be in writing and addressed to the CONTRACTOR's liaison with COUNTY; should said liaison object to such employment or contracting in writing to the CONTRACTOR within three weeks of receipt of the disclosure, then CONTRACTOR either shall not permit such employment or contracting as so disclosed, or shall file a letter with the Clerk of the Board of Supervisors protesting the liaison's decision. In that event said employment or contracting may continue until the Board of Supervisors has decided the matter. The CONTRACTOR shall comply with such Board decision. CONTRACTOR shall not during the term of this contract, permit any member of the governing board of the CONTRACTOR to have or acquire, directly or indirectly, any personal financial interest in the performance of the contract, as by providing goods or services for compensation, or otherwise, without having first disclosed the same to the board, and said member shall not participate in board discussion or action on any such matter.

21. EQUAL EMPLOYMENT OPPORTUNITY PRACTICES PROVISIONS: CONTRACTOR assures that it will comply with Title VII of the Civil Rights Act of 1964 and that no person shall, on the grounds of race, creed, color, disability, sex, sexual orientation, national origin, age, relation, Vietnam era Veteran=s status, political affiliation, or any other non-merit factor, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this contract.

A. CONTRACTOR shall, in all solicitation or advertisements for applicants for employment placed as a result of this contract, state that it is an Equal Opportunity Employer@ or that all qualified applicants will receive consideration for employment without regard to their race, creed, color, disability, sex, sexual orientation, national origin, age, religion, Vietnam era Veteran=s status, political affiliation, or any other non-merit factor.

B. CONTRACTOR shall, if requested to do so by the COUNTY, certify that it has not, in the performance of this contract, discriminated against applicants or employees because of their race, creed, color, disability, sex, sexual orientation, national origin, age, religion, Vietnam era Veteran=s status, political affiliation, or any other non-merit factor.

C. If requested to do so by the COUNTY, CONTRACTOR shall provide the COUNTY with access to copies of all of its records pertaining or relating to its employment practices, except to the extent such records or portions of such records are confidential or privileged under state or federal law.

D. CONTRACTOR shall recruit vigorously and encourage minority- and women-owned businesses to bid its subcontracts.

E. Nothing contained in this contract shall be construed in any manner so as to require or permit any act which is prohibited by law.

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F. The CONTRACTOR shall include the provisions set forth in paragraphs A through E (above) in each of its subcontracts.

CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the awarding authority setting forth the provision of this Equal Employment Opportunity Practices Provisions clause.

22. CONTRACTOR and CONTRACTOR's employees shall comply with the COUNTY's policy of maintaining a drug-free work place and with the requirements of the Drug-free Workplace Act of 1988 and 24 CFR part 24 subpart F. Neither CONTRACTOR nor CONTRACTOR's employees shall unlawfully manufacture, distribute, dispense, possess or use controlled substances, as defined in 21 U.S. code Section 812, including marijuana, heroin, cocaine, and amphetamines, at any COUNTY facility or work site. If CONTRACTOR or any employee of CONTRACTOR is convicted or pleads nolo contendere to a criminal drug statute violation occurring at a COUNTY facility or work site, the CONTRACTOR within five days thereafter shall notify the head of the COUNTY department/agency for which the contract services are performed. Violation of this provision shall constitute a material breach of this agreement.

23. CONTRACTOR agrees to comply with the requirements of the RUD's Section 3 Employment Opportunities for Low-Income Residents Requirements as applicable, attached hereto as Exhibit E.

24. This contract can be amended only by written agreement of the parties hereto.

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IN WITNESS WHEREOF, the parties hereto have executed this contract in triplicate on the day first mentioned above.

COUNTY OF ALAMEDA

By:-------------- ­President, Board of Supervisors

Approved as to Form: Richard E. Winnie County Counsel

By:~g4_~----=----k_-Andrea Weddle Senior Deputy County Counsel

CONTRACTOR

EMERGENCY SHELTER PROGRAM, INC. Contractor

1180 B Street Street Address

Date: Lflh-It)

By signing above, signatory warrants and represents that he/she executed this Agreement in hislher authorized capacity and that by hislher signature on this Agreement, he/she or the entity upon behalf of which he/she acted, executed this Agreement.

94-2212241 Taxpayer Identification #

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III !

EXHIBIT A SCOPE OF WORKJACTIVITIES

BETWEEN ALAMEDA COUNTY HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT

AND EMERGENCY SHELTER PROGRAM, INC.

For Services Provided March 1, 2010 THROUGH February 28, 2011

The CONTRACTOR will provide the following services to Linkages participants, as finally determined by COUNTY, upon direction of the COUNTY to begin services:

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1. To outreach to families with children living on the streets or places otherwise not intended for human habitation, including victims of domestic violence or abuse. Using existing resources, these t families will initially be placed into the shelter.

a. The shelter and service providers will work with the Leasing Coordinator to utilize proven existing street outreach methods, as well as conducting outreach at existing, appropriate points of contact in the community.

b. Case managers will work with homeless families as they enter the shelter to assess their eligibility for the Alameda County Housing-Jobs Linkages Program and other support services.

2. To conduct individual assessments of participant families for the purpose of stabilizing their living situations and toward the creation of Individual Service Plans.

The ultimate goals of the Individualized Service Plans are to assist participants in obtaining and/or remaining in permanent housing; to increase life skills and/or income ofparticipants; and to help participants achieve greater self-determination.

a. Case Managers assess each family's situation, both financially and personally, to determine their ability to commit to and succeed in a self-sufficiency program which leads to sustainable employment and permanent housing.

b. An initial assessment is conducted with the participant family to generate an Individualized Service Plan.

c. Case Managers work with other resource teams, including the Leasing Coordinator to begin assembling the range of resources required to stabilize the family's living situation.

d. Case Managers work with resource teams and the Leasing Coordinator to map a strategy for successfully moving participant families into transitional housing, as well as accessing the self­sufficiency/employment portion of the Linkages Program.

e. The participant family is formally enrolled into the Alameda County Housing/Jobs Linkages Program.

3. To provide Case Management Services to participant families in order to facilitate their progress from homelessness to stability and eventually self-sufficiency.

a. Case Manager develops and periodically updates, with client participation, a long-term, Individualized Services Plan covering goals related to housing, job training/placement, budgeting and family life skills and stabilization needs.

b. Case Manager maintains up-to-date family participant information and service records on a computerized database and generates reports for funding sources, monitoring and evaluation purposes.

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c. Case Manager shares client information with counselors at other programs serving common clients, on a confidential basis and with prior client approval, to facilitate the client's progress, including the Alameda County Housing/Jobs Linkages Program Leasing Coordinator.

d. Case Manager makes regular home visits with client families, after outplacement, to prevent reversion to homelessness.

4. To provide supportive services which are designed to address the individual, special needs ofthe homeless families to be served.

a. Provision of safe and secure short-term emergency shelter.

b. Work with participant families to ensure timely access to public assistance and income entitlement sources for which they are eligible.

c. Work with client service staffat health and human service programs, job training programs, and affordable housing programs, to make referrals and secure needed services and support.

d. Work with affordable housing coordinators at other programs to find and obtain leased housing and eventually to secure unsubsidized permanent housing.

5. Case Manager will work with participants to address employment needs.

a. Conduct an employment readiness assessment and develop an Individual Employment Plan for each participant in the program. This plan will be coordinated with the participant's Individual Self-Sufficiency Plan.

b. Monitor progress on participant Individual Employment Plans. Plans will be reviewed with the participant as often as necessary but no less frequently than quarterly.

c. Provide or connect participants with resources for employment services including employment assessment, job search skills, resume preparation, work environments orientation such as standards for attendance, behavior and dress, Internet access, online resources for job search, transportation and specialized tools, equipment, clothing, childcare or other support necessary to take part in training or employment.

d. Make referrals as appropriate to other job training, placement and job development agencies and follow-up on referrals to ensure that participants receive the services.

e. Provide support to participants who become employed through individual and group support, continued training opportunities, referrals and other activities as necessary.

6. Each LINKAGES agency shall be responsible for recruiting and working with a minimum ofeight families by the end of this contract period.

7. COUNTY shall have all of the responsibilities for implementation and program oversight as specified in its application to HUD for the FY2009 Housing/Jobs Linkages Program and in the Housing/Jobs Linkages Grant Agreement as executed between COUNTY and the U.S. Department ofHousing and Urban Development.

8. Each LINKAGES agency shall participate in the Alameda County Homeless Continuum of Care Council Homeless Management Information System (HMIS), including training, client data entry, producing required reports and working collaboratively with other agencies to utilize the HMIS to its maximum capacity.

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EXHIBITB TERMS AND CONDITIONS FOR PAYMENT

1. COUNTY will pay CONTRACTOR up to $40,577 beginning March 1, 2010 and ending February 28,2011 for services in accordance with the scope of work in Exhibit A and the attached Program Budget, in accordance with the conditions set forth below. CONTRACTOR shall submit monthly invoices no more than monthly including supporting documentation for costs invoiced. Invoices shall be reviewed by the liaison assigned to monitor this Contract and shall be approved by the Community Development Agency Director or his designee.

Total payment under the terms of this agreement shall not exceed $40,577. These funds must cover all costs to the CONTRACTOR of providing or contracting for services, as no additional funds will be made available to reimburse expenses incurred in completing the Scope ofWork described in Exhibit A.

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EXHIBITB

EMERGENCY SHELTER PROGRAM, INC.

PROGRAM BUDGET

For Services Provided March 1,2010 through February 28,2011

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EXHIBITC COUNTY OF ALAMEDA MINIMUM INSURANCE REQUIREMENTS

Wrthout limiting any other obligation or liability under this Agreement, the Contractor, at tts sole cost and expense, shall secure and keep in force during the entire term of the Agreement or longer, as may be speci1ied below, the following insurance coverage, limits and endorsements:

A

B

C

D

E

F

Commercial General Liability

Premises Liability; Products and Completed Operations; Contractual Liability; Personal Injury and Advertising Liability, Abuse, Molestation, Sexual Actions, and Assault and Battery

Commercial or Business Automobile Liability

All owned vehicles, hired or leased vehicles, non-owned, borrowed and permissive uses. Personal Automobile Liability is acceptable for individual contractors with no transportation or hauling related activities

Workers' Compensation (WC) and Employers Liability (EL)

Required for all contractors with employees

Professional Liability/Errors and Omissions

Includes endorsements of contractual liability

Directors and Officers Liability

Including Employment Practices Liability

Employee Dishonesty (ED) and Crime (C)

(ED) Required only if asignificant amount of funding is advanced to contractor.

(C) Required only if contractor keeps significant sums of money at premises

$1,000,000 per occurrence (CSL)

Bodily Injury and Property Damage

$1,000,000 per occurrence (CSL)

Any Auto

Bodily Injury and Property Damage

WC: Statutory Limits

EL: $100,000 per accident for bodily injury or disease

$1,000,000 per occurrence

$2,000,000 aggregate

$1,000,000 per occurrence

(ED) Minimum of 75% of the Funding

(C) Minimum daily amount kept on premises

G Endorsements and Conditions:

1. ADDITIONAL INSURED: General Liability, Automobile Liability, and Directors and Officers Liability Insurance Policies shall be endorsed to name as additional insured: County of Alameda, its Board of Supervisors, the individual members thereof, and all County officers, agents. employees and volunteers. Employee Dishonesty and Crime Insurance Policy shall be endorsed to name as Loss Payee (as interest may arise): County of Alameda, its Board of Supervisors, the individual members thereof, and all County officers, agents, employees and volunteers.

2. DURATION OF COVERAGE: All required insurance shall be maintained during the entire term of the Agreement with the following exception: Insurance policies and coverage(s) written on aclaims-made basis shall be maintained during the entire term of the Agreement and until 3years following termination and acceptance of all work provided under the Agreement, with the retroactive date of said insurance (as may be applicable) concurrent with the commencement of activities pursuant to this Agreement.

3. REDUCTION OR LIMIT OF OBLIGATION: All insurance policies shall be primary insurance to any insurance available to the Indemnified Parties and Additionallnsured(s). Pursuant to the provisions of this Agreement, insurance procured by the Contractor shall not reduce or limit Contractor's contractual obligation to indemnify and defend the Indemnified Parties.

4. INSURER FINANCIAL RATING: Insurance shall be maintained through an insurer with aA.M. Best Rating of no less than A: VII or equivalent, shall be admitted to the State of Califomia unless otherwise waived by Risk Management, and with deductible amounts acceptable to the County. Acceptance of Contractor's insurance by County shall not relieve or decrease the liability of Contractor hereunder. Any deductible or self-insured retention amount or other similar obligation under the policies shall be the sole responsibility of the Contractor.

5. SUBCONTRACTORS: Contractor shall include all subcontractors as an insured (covered party) under its policies or shall fumish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.

6. JOINT VENTURES: If Contractor is an association, partnership or other joint business venture, required insurance shall be provided by anyone of the following methods:

Separate insurance policies issued for each individual entity, with each entity included as a "Named Insured (covered party), or at minimum named as an "Additional Insured" on the other's policies. Joint insurance program with the association, partnership or other joint business venture included as a "Named Insured.

7. CANCELLATION OF INSURANCE: All required insurance shall be endorsed to provide thirty (30) days advance written notice to the County of cancellation.

8. CERTIFICATE OF INSURANCE: Before commencing operations under this Agreement, Contractor shall provide Certificate(s) of Insurance and applicable insurance endorsements, in form and satisfactory to County, evidencing that all required insurance coverage is in effect. The County reserves the rights to require the Contractor to provide complete, certified copies of all required insurance policies. The require certificate(s) and endorsements must be sent to:

• DepartmenVAgency issuing the contract • With acopy to Risk Management Unit (125 ­ 12'" Street, 3rt! Roer, Oakland, CA 94607)

Certificate C-4d Form 2001-1 {Rev. 03115106)

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CERTIFICATE OF LIABILITY INSURANCE ~l!~2 I DAT~~M;:;~::' PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATlm Chapman ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE License '0522024 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P. O. Box 5455 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Pasadena CA 91117-0455 Phone: 626-405-8031 Fax: 626-405-0585 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Rive>:pOrt Insurance Company 36684

iNSURERS: United states Liabi~ity

Emergency Shelter Program1180 B S't Hayward CA 94541

INSURERC:

INSURERD:

INSURERE:

COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS S'HOWN MAY HAVE BEEN REDUCED BY PAID ClAIMS.

LTR )"SRO TYPE OF INSURANCE POLICY NUMBER

A ;GEN=~:~GENERALLIABIUTY lUC0010850 CLAIMS MADE [!J OCCUR

X Prof Liability lUC0010850 $1M/$1M

~N'L AGGREGATE LIMIT APPLIES PER:

rxl POLICY n ~g: n LOG

A

I AUTOMOBILE LIABILITY -

ANY AUTO -

ALL OWNED AUTOS -SCHEDULED AUTOS

'- ­X HIRED AUTOS r-X NON-OWNED AUTOS '- ­

lUC0010850

6'S!i1~~~~W4) ~flfiMMlDDfYYY'ii LIMITS

I ­ --------- ­

GARAGE LIABILITYRANYAUTO OTHER THAN AllTOONLY:

EAACC $

AGG $

"'-,JEXCESS I UMBRELLA LIABILITY EAa-I OCCURRENCE 5 , ­tJ OCCUR D CLAIMS MADE AGGREGATE $ = $ - .--~

RDEDUCTISLE $

RETENTION $ $ '.,'

WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNERlEXECUTlVEtl EL EAa-I ACCIDENT $ . OFFICERlMEMBER EXClUDED? L-J (MandalDry in NH) E.L DISEASE· EA EMPLOYEE $, ",_

~~6=.y~~~ below EL DISEASE· POLICY LIMIT 5' •

OTHER

A Fidelity Bond lUC0010850 02/22/10 02/22/11 EE Dishon $"25,000 B D&O-Cla~ Made ND010173051 11/01/09 11/01/10 Ea Claim $1,000,000

DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS

County of Al.ameda, its Board of Supervisors, the individua~ members thereof, and all County officers, agents & employees are named as Additional Insured with respects to the operations of the Named Insured. 10 day notice of cancellation for non payment of premium.

CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCEL1.ED BEFORE THE EXPIRATION

DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRmEN

NOTICE: TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO SO SHALL

Alameda County IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR Housing & Community

REPRESENTATIVES.Development Dept. A~IZED RR'RESENTATIVE224 Winton Ave., Rm. 108

Hayward CA 94544 ( (',.l , ...vA. ACORD 25 (2009/01) '-' © 1988-2009 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD

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CERTHOLDER COpy NB

STAT'E P.O. BOX 420807, SAN FBANCISCO.CA 94142-0807 COMPENSATION INSURANCE

CERnFICATE OF WORKERS' .. COMPENSATION INSURANCE FUND GROUP: POLICY NUMBER: 1930403-2009 CERTIFICATE: 10: 12 CERTIFICATE EXPIRES: 07-01-2010

ISSUE DATE: 12-29-2009

07-01-2009/07~01-2010

ALAMEDA COUNTY PLANNING DEPT HOUSING & NB COMMUNITY DEVELOPMENT 224 V VINTON AVE RN 10 HAYWARD CA 84544-1215

ThisJsJo certify th1t we havejssued a .w1id.·Worker.s' .Compensation insuranCs·.policy In a form approved by the California Insurmce ConvniSsioner to the· employer named below for the policy period indicated. ..

This policy is not subject to Caocellation by the Fund except upon 10 days advance written notice to the employer.

We will also give you 10. days advance notice should this ,policy be cancelled prior to its normal expiration.

This certificate of insuraoce is not an insurance policY and does not amend. extend or alter the coverage afforded b.,. the policy listed herein. Notwithstanding any requirement. term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain. the insurance afforded by the policy described herein is'subject to all the terms. exclusions. and conditions. of such policy.

d::R'::::ZS ~~ EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCJ::.

EMPLOYER

J::MERGENCY SHELTU PROGRAM (A NON-PROFIT CORP ) 1180 B ST HAYWARD CA 84541

[B11.SD]

PRINTED 12-29-2009IREV.2-051

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EXHIBITD COUNTY OF ALAMEDA

DEBARMENT AND SUSPENSION CERTIFICATION For Procurements Over $25,000

The contractor, under penalty ofpeIjury, certifies that, except as noted below, contractor, its principles, and any named 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.

Exceptions will not necessary 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 Standard Services Agreement. Signing this Standard Services Agreement on the signature portion thereof shall also constitute signature of this Certification.

ITLE: EXECUTIVE DIRECTOR

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EXHIBITE

ALAMEDA COUNTY AFFIRMATIVE ACTION PLAN UNDER SECTION 3 OF THE HOUSING AND URBAN DEVELOPMENT ACT OF 1968

PURPOSE

To insure that to the greatest extent feasible, projects financed by the Alameda County Housing and Community Development Program provide business and employment opportunities for businesses in the Alameda County project areas funded by Supportive Housing Program (SHP).

In all contracts for work in connection with a Community Development project, the following clause (referred to as the Section 3 Clause), will be included:

1. The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUn-assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUn assistance for housing.

2. The parties to this contract agree to comply with HUn's regulations in 24 CFR part 135, which implement section 3. As evidenced by their execution ofthis contract, the parties to this contract certifY that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations.

3. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, availability of apprenticeship and training positions, the qualifications for eac~; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin.

4. The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate actions, as provided in an applicable provision ofthe subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135.

5. The contractor will certifY that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but not before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 135.

6. Noncompliance with HUn's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUn assisted contracts.

7. With respect to work performed in connection with section 3 covered Indian housing assistance, section 7(b) ofthe Indian Self-Determination and Education Assistance Act (25 U.S.C. 405e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to

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Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of section 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b).

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SECTION 3 EMPLOYMENT PLAN

NAME OF CONTRACTOR: EMERGENCY SHELTER PROGRAM, INC.

Services to be provided: Support services to homeless persons and their families who are enrolled in the Alameda County Housing/Jobs Linkages Program.

Contract Amount: $40.577

Dontract amount does not exceed Section 3 dollar threshold. Section 3 requirements do not apply.

Ixx ~ontract does not include housing rehabilitation, housing construction or other public construction. Section 3 requirements do not apply.

DSection 3 requirements do apply. Contractor has been notified of Section 3 requirements and has completed the anticipated work force analysis below.

The following work force is anticipated to be necessary to satisfactorily complete this work:

Job Classifications Existing Work Force Anticipated New Hires

CONTRACTOR agrees to undertake a good faith effort to comply with all of the provisions of Section of the Housing and Dr Development Act of 1968.

RalphJo

Date

G:\HCD\HOMELESS\SHP\LINKAGES\FY 2009\fys ESP 09 Renewal Contract 4932.doc

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Contract Reference No. 4924

CONTRACT BY AND BETWEEN

FAMILY EMERGENCY SHELTER COALITION AND

THE COUNTY OF ALAMEDA

. THIS AGREEMENT, made and entered into this~ day of May, 2010 by and between the COUNTY OF ALAMEDA, a body corporate and politic of the State of Califomia, hereinafterreferred to as "COUNTY" and FAMILY EMERGENCY SHELTER COALITION, hereinafter referred to as "CONTRACTOR".

WITNESSETH:

WHEREAS, COUNTY has received funding from the U.S. Department of Housing and Urban Development under the Supportive Housing Program for Fiscal Year 2009; and

WHEREAS, COUNTY is desirous of contracting with CONTRACTOR for the provision of certain services, a description of which are presented in Exhibit A, attached hereto; and

WHEREAS, CONTRACTOR is willing and able to perform duties and render services which are determined by the Board of Supervisors to be necessary or appropriate for the welfare of residents of County; and

WHEREAS, COUNTY desires that such duties and services be provided by CONTRACTOR, and CONTRACTOR agrees to perform such duties and render such services, as more particularly set forth below:

NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED as follows:

1. Attached hereto, marked Exhibit A, and by this reference made a part hereof, is a description of the duties and services to be performed for COUNTY by CONTRACTOR, and CONTRACTOR agrees to comply with all provisions, to perform all work, and to provide all such duties and services set forth in Exhibit Ain a professional and diligent manner.

2. COUNTY has allocated the sum of$40,577 to be expended as described in this contract. Unless an amendment to this contract otherwise provides, that amount shall in no event be exceeded by CONTRACTOR, and COUNTY shall under no circumstances be required to pay in excess of that amount. Payment shall be made pursuant to the terms and conditions set forth in Exhibit ft, attached hereto and by this reference made a part hereof. Sums not so paid shall be retained by COUNTY.

3. The term of this contract begins on the~ day of March, 2010 and ends on the 31 sl

day of May, 2011.

4. CONTRACTOR shall maintain on a current basis standard financial and administrative records regarding the verification of tenant incomes and household composition, determination of rental subsidy amounts and inspections and approvals of properties pursuant to Housing Quality Standards and other HUD guidelines, including-source documents supporting accounting transactions, eligibility and

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occupancy records as may be applicable, and related documents and records to assure proper accounting offunds and performance ofthis contract in accordance with instructions provided and to be provided by COUNTY. All records are to be maintained for a period of at least three years. CONTRACTOR shall comply with all such instructions. CONTRACTOR will cooperate with COUNTY in the preparation of, and will furnish any and all information required for reports to be prepared by COUNTY as may be required by the rules, regulations, or requirements ofCOUNTY or ofany other government entity. To the extent permitted by law, CONTRACTOR will also permit access to all books, accounts, or records ofany kind to COUNTY or to any other governmental entity for purposes ofaudit or investigation, in order to ascertain compliance with the provisions ofthis contract.

5. CONTRACTOR shall maintain, at all times during the term of this contract, the insurance and bonding documentation described in Exhibit ~ to this contract, and shall comply with all other requirements set forth in that Exhibit.

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6. HOLD HARMLESS/INDEMNIFICAnON: To the fullest extent permitted by law, CONTRACTOR shall hold harmless, defend and indemnify the COUNTY, its Board of Supervisors, officers, employees and agents (collectively "Indemnitees") from and against any and all claims, losses, damages, liabilities or expenses, including reasonable attorney fees, incurred in the defense thereof, for the death or injury to any person or persons (including employees ofCONTRACTOR OR COUNTY) or damage ofany property (including property of CONTRACTOR or COUNTY) which arises out of or is any way connected with the performance ofthis agreement (collectively "Liabilities") except where such Liabilities are proximately caused solely by the negligence or willful misconduct of any Indemnitee.

7. COUNTY shall make at least one program evaluation during the term of this contract. COUNTY, with prior written notice of 14 days to contractor, may at any time during the term ofthis contract conduct an evaluation ofthe program. Said evaluation shall cover both objectives and program of CONTRACTOR. CONTRACTOR shall maintain and retain records with respect to such objectives, program, and evaluations, and shall cooperate with COUNTY in making these or any other evaluation reports; CONTRACTOR shall permit access by COUNTY to the premises, shall furnish all information requested by COUNTY, and shall afford COUNTY access to all such records of CONTRACTOR.

8. CONTRACTOR shall not claim reimbursement from COUNTY for (or apply sums received from COUNTY) with respect to that portion of its obligations which has been paid by another source of revenue. However, unrestricted or undesignated private charitable donations and contributions shall not be considered revenue applicable to this contract. CONTRACTOR has total freedom in planning for the usage of such resources in expanding and enriching programs, or in providing for such other operating contingencies as it may desire. Sums received as a result of applications for funds from public or private organizations shall be considered such revenue insofar as such sums are or can be applied to the work to be performed by contractor pursuant to this contract. Nothing herein shall be deemed to prohibit CONTRACTOR from contracting with more than one entity to perform additional work similar to or the same as that herein contracted for.

9. None ofthe work to be performed by CONTRACTOR shall be subcontracted without the prior written consent ofCOUNTY. CONTRACTOR shall be as fully responsible

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to COUNTY for the acts and omissions of any subcontractors, and of persons either directly or indirectly employed by them, as CONTRACTOR is for the acts and omissions of persons directly employed by CONTRACTOR. CONTRACTOR shall not transfer any interest in this contract (whether by assignment or novation) without the prior written approval ofCOUNTY. No party shall, on the basis of this contract, in any way contract on behalf of, or in the name of, the other party to the contract, and any attempted violation of the provisions of this sentence shaH confer no rights, and shall be void.

10. Neither the CONTRACTOR nor any of its employees shall by virtue of this contract be an employee ofCOUNTY for any purpose whatsoever, nor shall it or they be entitled to any of the rights, privileges, or benefits ofCOUNTY employees. CONTRACTOR shall be deemed at all times an independent contractor and shall be wholly responsible for the manner in which it performs the services required of it by the terms of this contract. CONTRACTOR assumes exclusively the responsibility for the acts of its employees as they relate to the services to be provided during the course and scope of their employment.

11. CONTRACTOR agrees to maintain the confidentiality of any information which may be obtained with this work. COUNTY shall respect the confidentiality of information furnished by CONTRACTOR to COUNTY.

12. If, through any cause, CONTRACTOR shall fail to fulfill in timely and proper manner its obligations under this contract, or if CONTRACTOR shall violate any ofthe covenants, agreements, or stipulations of this contract, COUNTY shall thereupon have the right to terminate this contract by giving written notice to CONTRACTOR of such termination and specifying the effective date of such termination. Without prejudice to the foregoing, CONTRACTOR agrees that if, prior to the termination or expiration of this contract, upon any final or interim audit by COUNTY, COUNTY finds that Contract has failed to fulfill its obligations under this contract in a timely and proper manner, that CONTRACTOR shall forthwith bring itself into compliance and shall pay to COUNTY forthwith whatever sums are so disclosed to be due to COUNTY (or shall, at COUNTY's election, permit COUNTY to deduct such sums from whatever amount remains undisbursed by COUNTY to CONTRACTOR pursuant to this contract); if this contract shall have terminated or expired, and it shall be disclosed upon such audit, or otherwise, that such failure shall have occurred, the CONTRACTOR shall pay to COUNTY forthwith whatever sums are so disclosed to, or determined by, COUNTY to be due to COUNTY, or shall, at COUNTY's election, permit the COUNTY to deduct such sums from whatever amounts remain undistributed by COUNTY to CONTRACTOR pursuant to this or any other contract between the COUNTY and CONTRACTOR. Anything in this contract to the contrary notwithstanding, COUNTY or CONTRACTOR shall have the right to tenninate this contract with or without cause at any time upon giving at least 30 days' written notice prior to the effective date of such termination.

13. CONTRACTOR shall comply with all applicable laws, ordinances, and codes of Federal, State and local governments, in performing any of the work embraced by this contract. This shall include obtaining any licenses, permits or waivers necessary to legally own or operate any facility or perform any work or service covered by this contract.

14. CONTRACTOR shall retain the property acquired with funds under this contract as

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long as there is a need for the property to accomplish the purpose of the program whether or not the program continues to be supported by COUNTY funds. For disposition of property having a useful life of more than one year and an acquisition cost of $5,000 or more per unit, CONTRACTOR shall request disposition instructions from COUNTY. All personal property acquired with funds pursuant to this contract shall be acquired in compliance with Federal Management Circular 74-7, Attachment N - Property Management Standards.

15. COUNTY shall assign a liaison to CONTRACTOR with respect to the performance of this contract. In the event that a budget is one of the Exhibits to this contract, and if any adjustment in the line items in that budget is requested by CONTRACTOR, such adjustment may be made upon receipt by CONTRACTOR of the written approval of the liaison. Such budget adjustment shall not alter ( I) the basic scope of services or other performance to be provided under this contract, (2) the time of performance of any act hereunder, or (3) the total amount of money allocated hereunder.

16. CONTRACTOR agrees to comply with all requirements which are now, or which may hereafter be, imposed by the Supportive Housing Program and HUD, as well as such requirements as may be imposed by COUNTY. This includes, but is not limited to: 24 CFR Part 583 (Supportive Housing Program); 24 CFR part 85 (OMB Circulars A-I02, A-87, A-II 0 and A-122); 24 CFR part 87, anti-lobbying requirements, 24 CFR part 24, debarred or suspended contractors; and 24 CFR part 35, and the Lead­based Paint Poisoning Prevention Act. No persons shall be displaced as a result of a project funded under this agreement. CONTRACTOR agrees that it will not use funds received pursuant to this agreement, either directly or indirectly, as a contribution in order to obtain any Federal funds under any Federal programs without prior written approval of COUNTY. Further, CONTRACTOR agrees that upon the return of any funds granted, loaned, or otherwise distributed by the CONTRACTOR that COUNTY paid to CONTRACTOR under this contract, or the receipt of any funds by the CONTRACTOR as a direct result of any funds granted, loaned, or otherwise distributed by the CONTRACTOR that COUNTY paid to CONTRACTOR under this contract, CONTRACTOR shall return the funds to COUNTY, unless COUNTY otherwise directs in writing.

17. CONTRACTOR agrees that no person in the United States shall, on the grounds of race, color, religion, national origin, sex, sexual orientation, handicap, ancestry, or age be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available to CONTRACTOR by COUNTY pursuant to this contract.

18. CONTRACTOR shall submit all claims for reimbursement under the contract within thirty (30) days after the ending date of the contract. All claims submitted after thirty (30) days following the ending date of this contract will not be subject to reimbursement by the COUNTY. Any "obligations incurred" included in claims for reimbursements and paid by the COUNTY which remain unpaid by the CONTRACTOR after thirty (30) days following the ending date of the contract will be disallowed under audit by the COUNTY.

19. CONTRACTOR and COUNTY recognize that unforeseen events may cause significant increases in the costs to be borne by CONTRACTOR in rendering services hereunder and in otherwise performing this contract. If the Board of Supervisors determines that the CONTRACTOR has incurred unforeseen significant costs, which,

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if not paid, will interfere substantially with CONTRACTOR's performance hereunder, and reimbursement thereof is necessary in order to prevent undue hardship to the recipients ofCONTRACTOR's services, this contract may be amended.

20. CONTRACTOR shall not, during the term of this contract, without obtaining the written consent of COUNTY, permit any member of the governing board of the CONTRACTOR to perform for compensation any administrative or operational functions for the CONTRACTOR with respect to the performance of this contract (including, but not by way of limitation, fiscal, accounting, or bookkeeping functions). Such consent shall be obtained in writing by CONTRACTOR from the CONTRACTOR's liaison with COUNTY. The liaison may consent if the liaison determines such performance to be fair or reasonable. Should the liaison refuse to consent within three weeks of receipt of the request therefore, then CONTRACTOR either shall comply with the liaison's decision, or shall file a letter with the Clerk of the Board of Supervisors protesting the liaison's decision. In that event, the performance of such functions may continue until the Board of Supervisors has decided the matter. The CONTRACTOR shall comply with such Board decision. CONTRACTOR shall not, during the term of this contract, with respect to the performance of this contract, without having promptly disclosed the same to COUNTY in writing:

a. Employ any person who is related by blood or marriage to another employee, a manager, or a member ofthe governing board of the CONTRACTOR; or

b. Contract for the acquisition of goods or services for more consideration that would be paid for equivalent goods or services on the open market from any person who is related by blood or marriage to a manager or a member of the governing board of the CONTRACTOR; or

c. Contract for the acquisition of goods or services for more consideratiOl~ than would be paid for equivalent goods or services on the open market from any organization in which any person who is related by blood or marriage to a manager or member of the governing board of the CONTRACTOR has a substantial personal financial interest.

Such disclosure shall be in writing and addressed to the CONTRACTOR's liaison with COUNTY; should said liaison object to such employment or contracting in writing to the CONTRACTOR within three weeks of receipt of the disclosure, then CONTRACTOR either shall not permit such employment or contracting as so disclosed, or shall file a letter with the Clerk of the Board ofSupervisors protesting the liaison's decision. In that event said employment or contracting may continue until the Board of Supervisors has decided the matter. The CONTRACTOR shall comply with such Board decision. CONTRACTOR shall not during the term of this contract, permit any member of the governing board of the CONTRACTOR to have or acquire, directly or indirectly, any personal financial interest in the performance of the contract, as by providing goods or services for compensation, or otherwise, without having first disclosed the same to the board, and said member shall not participate in board discussion or action on any such matter.

21. EQUAL EMPLOYMENT OPPORTUNITY PRACTICES PROVISIONS: CONTRACTOR assures that it will comply with Title VII of the Civil Rights Act of 1964 and that no person shall, on the grounds of race, creed, color, disability, sex,

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sexual orientation, national origin, age, relation, Vietnam era Veterans status, political affiliation, or any other non-merit factor, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this contract.

A. CONTRACTOR shall, in all solicitation or advertisements for applicants for employment placed as a result of this contract, state that it is an equal Opportunity Employer@ or that all qualified applicants will receive consideration for employment without regard to their race, creed, color, disability, sex, sexual orientation, national origin, age, religion, Vietnam era Veteran=s status, political affiliation, or any other non-merit factor.

B. CONTRACTOR shall, if requested to do so by the COUNTY, certify that it has not, in the performance of this contract, discriminated against applicants or employees because of their race, creed, color, disability, sex, sexual orientation, national origin, age, religion, Vietnam era Veterans status, political affiliation, or any other non-merit factor.

C. If requested to do so by the COUNTY, CONTRACTOR shall provide the COUNTY with access to copies ofall of its records pertaining or relating to its employment practices, except to the extent such records or portions of such records are confidential or privileged under state or federal law.

D. CONTRACTOR shall recruit vigorously and encourage minority- and women-owned businesses to bid its subcontracts.

E. Nothing contained in this contract shall be construed in any manner so as to require or permit any act which is prohibited by law.

F. The CONTRACTOR shall include the provisions set forth in paragraphs A through E (above) in each of its subcontracts.

CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the awarding authority setting forth the provision ofthis Equal Employment Opportunity Practices Provisions clause.

22. CONTRACTOR and CONTRACTOR's employees shall comply with the COUNTY's policy of maintaining a drug-free work place and with the requirements of the Drug­free Workplace Act of 1988 and 24 CFR part 24 subpart F. Neither CONTRACTOR nor CONTRACTOR's employees shall unlawfully manufacture, distribute, dispense, possess or use controlled substances, as defined in 21 U.S. code Section 812, including marijuana, heroin, cocaine, and amphetamines, at any COUNTY facility or work site. If CONTRACTOR or any employee of CONTRACTOR is convicted or pleads nolo contendere to a criminal drug statute violation occurring at a COUNTY facility or work site, the CONTRACTOR within five days thereafter shall notify the head of the COUNTY department/agency for which the contract services are performed. Violation of this provision shall constitute a material breach of this agreement.

23. CONTRACTOR agrees to comply with the requirements ofthe HUD's Section 3 Employment Opportunities for Low-Income Residents Requirements as applicable, attached hereto as Exhibit E.

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24. This contract can be amended only by written agreement of the parties hereto.

IN WITNESS WHEREOF, the parties hereto have executed this contract in triplicate on the day first mentioned above.

COUNTY OF ALAMEDA CONTRACTOR

By: _ FAMILY EMERGENCY SHELTER COALITION President, Contractor Board of Supervisors

22245 Main Street. Suite 104 Street Address

Approved as to Form: Richard E. Winnie Hayward. CA 94541 County Counsel City, State, Zip Code

By: .MPh-«- ~~""----R- y: e Andrea Weddle Cate Steane, Senior Deputy County Counsel

Date: 4;' S II<J

By signing above, signatory warrants and represents that he/she executed this Agreement in his/her authorized capacity and that by his/her signature on this Agreement, he/she or the entity upon behalfofwhich he/she acted, executed this Agreement.

94-3029991 Taxpayer Identification #

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EXHIBIT A SCOPE OF WORK/ACTIVITIES

BETWEEN ALAMEDA COUNTY HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT

AND FAMULYEMERGENCYSHELTERCOALITION

For Services Provided March 1,2010 THROUGH February 28, 2011

The CONTRACTOR will provide the following services to Linkages participants, as finally determined by COUNTY, upon direction ofthe COUNTY to begin services:

1. To outreach to families with children living on the streets or places otherwise not intended for human habitation, including victims ofdomestic violence or abuse. Using existing resources, these families will initially be placed into the shelter.

a. The shelter and service providers will work with the Leasing Coordinator to utilize proven existing street outreach methods, as well as conducting outreach at existing, appropriate points of contact in the community.

b. Case managers will work with homeless families as they enter the shelter to assess their eligibility for the Alameda County Housing-Jobs Linkages Program and other support services.

2. To conduct individual assessments of participant families for the purpose of stabilizing their living situations and toward the creation of Individual Service Plans.

The ultimate goals of the Individualized Service Plans are to assist participants in obtaining and/or remaining in permanent housing; to increase life skills and/or income of participants; and to help participants achieve greater self-determination.

a. Case Managers assess each family's situation, both financially and personally, to determine their ability to commit to and succeed in a self-sufficiency program which leads to sustainable employment and permanent housing.

b. An initial assessment is conducted with the participant family to generate an Individualized Service Plan.

c. Case Managers work with other resource teams, including the Leasing Coordinator to begin assembling the range of resources required to stabilize the family's living situation.

d. Case Managers work with resource teams and the Leasing Coordinator to map a strategy for successfully moving participant families into transitional housing, as well as accessing the self-sufficiency/employment portion of the Linkages Program.

e. The participant family is formally enrolled into the Alameda County Housing/Jobs Linkages Program.

3. To provide Case Management Services to participant families in order to facilitate their progress from homelessness to stability and eventually self-sufficiency.

a. Case Manager develops and periodically updates, with client participation, a long-term, Individualized Services Plan covering goals related to housing, job training/placement,

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budgeting and family life skills and stabilization needs.

b. Case Manager maintains up-to-date family participant information and service records on a computerized database and generates reports for funding sources, monitoring and evaluation purposes.

c. Case Manager shares client information with counselors at other programs serving common clients, on a confidential basis and with prior client approval, to facilitate the client's progress, including the Alameda County Housing/Jobs Linkages Program Leasing Coordinator.

d. Case Manager makes regular home visits with client families, after outplacement, to prevent reversion to homelessness.

4. To provide supportive services which are designed to address the individual, special needs of the homeless families to be served.

a. Provision ofsafe and secure short-term emergency shelter.

b. Work with participant families to ensure timely access to public assistance and income entitlement sources for which they are eligible.

c. Work with client service staffat health and human service programs,job training programs, and affordable housing programs, to make referrals and secure needed services and support.

d. Work with affordable housing coordinators at other programs to find and obtain leased housing and eventually to secure unsubsidized permanent housing.

5. Case Manager will work with participants to address employment needs.

a. Conduct an employment readiness assessment and develop an Individual Employment Plan for each participant in the program. This plan will be coordinated with the participant's Individual Self-Sufficiency Plan.

b. Monitor progress on participant Individual Employment Plans. Plans will be reviewed with the participant as often as necessary but no less frequently than quarterly.

c. Provide or connect participants with resources for employment services including employment assessment, job search skills, resume preparation, work environments orientation such as standards for attendance, behavior and dress, Internet access, online resources for job search, transportation and specialized tools, equipment, clothing, childcare or other support necessary to take part in training or employment.

d. Make referrals as appropriate to other job training, placement and job development agencies and follow-up on referrals to ensure that participants receive the services.

e. Provide support to participants who become employed through individual and group support, continued training opportunities, referrals and other activities as necessary.

6. Each LINKAGES agency shall be responsible for recruiting and working with a minimum of eight families by the end ofthis contract period.

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7. COUNTY shall have all of the responsibilities for implementation and program oversight as specified in its application to HUD for the FY2009 Housing/Jobs Linkages Program and in the Housing/Jobs Linkages Grant Agreement as executed between COUNTY and the U.S. Department of Housing and Urban Development.

8. Each LINKAGES agency shall participate in the Alameda County Homeless Continuum of Care Council Homeless Management Infonnation System (HMIS), including training, client data entry, producing required reports and working collaboratively with other agencies to utilize the HMIS to its maximum capacity.

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EXHmITB TERMS AND CONDITIONS FOR PAYMENT

1. COUNTY will pay CONTRACTOR up to $40,577 beginning March 1, 2010 and ending February 28, 2011 for services in accordance with the scope of work in Exhibit A and the attached Program Budget, in accordance with the conditions set forth below. CONTRACTOR shall submit monthly invoices no more than monthly including supporting documentation for costs invoiced. Invoices shall be reviewed by the liaison assigned to monitor this Contract and shall be approved by the Community Development Agency Director or his designee.

2. Total payment under the terms of this agreement shall not exceed $40,577. These funds must cover all costs to the CONTRACTOR of providing or contracting for services, as no additional funds will be made available to reimburse expenses incurred in completing the Scope of Work described in Exhibit A.

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EXHIBITB

FAMILY EMERGENCY SHELTER COALITION

PROGRAM BUDGET

For Services Provided March 1,2010 THROUGH February 28,2011

Case Manager Salary $31,700

Case Manager Benefits $ 7,115

Case Manager Mileage $ 240

Program Director Salary $ 1,522

TOTAL $40,577

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C

EXHIBfTC COUNTY OF ALAMEDA MINIMUM INSURANCE REQUIREMENTS

Wdhout 6miling any other OOIigalion or liiDlily under this Agreement, the Contrac!<r, at its sole oost and expense, shall secure and keep in force during the entire tenn ci the Agreement <rlonger, as may be specified bek7tN, the following insurance coverage, limits and endorsements:

Commen:lal General Liability $1,000,000 per occurrence (CSL)A

Bodily Injury and Property Damage Advertising Liability, Abuse, MoIes1aIion, Sexual Actions, and Assault and Battery Premises Liability; Products and Completed Operations; Contractual Liability; Personal Injury and

$1,000,000 per occurrence (CSL)B Commercial or Business Automobile LiabUity

AH owned vehicles, hired or leased vehicles, non-owned, borrowed and permissive uses. Personal Any Auto Automobile Liability is acceptable lor Individual contractors with no transportation or hauling related

Bodily Injury and Property Damageactivities

Workers' Compensation (WC) and Employers LlabUity (EL) WC: Stalutory Limils

ReqUired lor all contractors with employees EL: $100,000 per accident lor bodily injury or disease

Professional LlabilltylErrors and Omissions $1,000,000 peroccunenceD

Includes endorsements of contraetualliability $2,000,000 aggregate

Directors and Officers liability $1,000,000 per occurrenceE

Including Employment Practices Liability

Employee Dishonesty (ED) and Crime (C) (ED) Minimum of 75% of the FundingF

(C) Minimum daily amount kept on premises(ED) Required only ifasignificant amount of funding Is advanced tD contractor.

(C) Required only if contractor keeps significant sums of money at premises

G Endorsements and Conditions:

1. ADDITIONAL INSURED: General Liabirrty, Automobile Liabirrty, and Directors and Officers Liability Insurance Policies shall be endorsed to name as additional insured: County of Alameda, its Board of Supervisors, the individual members thereof, and aU County oflicers, agents, employees and volunteers. Employee Dishonesty and Crime Insurance Policy shall be endorsed to name as Loss Payee (as interest may arise): County 01 Alameda, its Board of Supervisors, the individual members thereof, and all County officers, agents, employees and volunteers.

2. DURATION OF COVERAGE: AU required insurance shaH be maintained during the entire term of the Agreement with the following exception: Insurance policies and coverage(s) wriIIen on ac1aims-made basis shall be maintained during the entire term of the Agreement and until 3 years following tennination and acceptance of aU work provided under the Agreement, with the retroactive date of said insurance (as may be applicable) concurrent with the commencement of activities pursuant to this Agreement

3. REDUCTION OR UMIT OF OBLIGATION: All insurance policies shall be primary insurance to any insurance available to 1he Indemnified Parties and Additionallnsured(s). Pursuant to the provisions of this Agreement insurance procured by the Contractor shall not reduce or limit Contractors contractual obligation to indemnify and defend the Indemnified Parties.

4. INSURER FINANCIAL RATING: Insurance shall be maintained through an Insurer with aA.M. Best Rating of no less than A: VII or equivalenl shaH be admitled tD the State of Caillomia unless otheIwise waived by Risk Management and with deductible amounts acceptable to the County. Acceptance of Contractor's insurance by County shan not relieve or decrease the liability of Contractor hereunder. Any deductible or seIf~nsured retention amount or other similar obligation under the policies shall be the sole responsibility of the Contractor.

5. SUBCONTRACTORS: Contractor shall include aM subcontradors as an insured (covered party) under ils policies or shaD fumish separate certificates and endorsements lor each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.

6. JOINT VENTURES: If Contractor is an association, partnership or other joint business venture, required insurance shall be provided by any one of the following methods:

Separate insurance policies issued lor each individual entity, with each entity included as a 'Named Insured (covered party), or at minill'lJm named as an 'Additional Insured' on the other's policies. Joint insurance program with the association. partnership or other joint business venture included as a 'Named Insured.

7. CANCELlATION OF INSURANCE: All required insurance shaH be endorsed to provide thirty (30) days advance written notice to the County of cancellation.

8. CERTIFICATE OF INSURANCE: Belore commencing operations under this Agreement Contractor shall provide Certificate(s) of Insurance and applk:able insurance endorsements, in lorm and satisfacloly to County, evidencing that aU required insurance coverage is in effecl The County reserves the rights to require the Contractor to provide complete, certified copies of all required insurance policies. The require certificate{s) and endorsements must be sent to:

- Department/Agency issuing the contract - With acopy to Risk Management Unit (125 -12" Street JIll Fklor, oakland, CA 94607)

certificate C-4d Form 2001-1 (Rev. 03/15/06)

Page 13 of 17

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i

r DATE (MMJDDIYYYY)ACORD TM. CERTIFICATE OF LIASILllY INS'URANCE 01/0612010

PRODUCER Phone: (925) 930-9464 fax: (925) 930-9949 THIS CERTlACATE IS ISSUED AS A MAneR OF INFORMATION STOUTINSURANCE BROKERS, INC. ONLY AND CONFERS NO RIGHTS UPON THE CERTlFICATE P.O. BOX 2578 ' .' HOLDER. ,:ntIS CERTIFICATE DOES NOT AMEND, EXTEND OR

. ALTER TI,II: RV nu= an......,,,, RI=I \IN .

INSURERS AFFORDiNG COVERAGE·

WALNi.rr CREEK CA 94595

NAlC#

Agency UcII: 0085886

INSURED INSURER A: PHILADELPHIA FAMILY EMERGENCY SHELTER COALITION iNSURERB: STATE FUND 21455 BIRCH STREET, BOX 5

INSURERC:HAYWARD, CA 94541-2166

lNSURERD:

lNSURERE: COVERAGES

lHE POLICIES Of INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE fOR THE POLICY PERIOD INDICATED, NOlWlTHSTANDING ANY REQUIREMENT. TERM OR CONDITION Of ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIfiCATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AffORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS Of SUCH POLICIES. AGGREGATE LIMITS SHOV'tN MAY HAVE BEEN REDUCED BY PAlO CLAIMS,

INSR =TYPE Of INSURANCE POUCY NUMBER POLICY EFFECTIVE ~~;:f~N UNITSLTR DATE lIIIIJDnIVYl

'.~NERALUABlUTV' PHPK343788 10/05108 07/01/10 EACH OCCURRENCE $ 1,000,000

X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 100,000- tJ CLAIMS MADE [!] OCCUR

PREMISES lEa ClCQnlnce)

MED. EXP. (Any one person) $ 5,000-1,000,000'A PERSONAL & ADV INJU~Y $

-GENERAL AGGREGATE $ 3,000.000

GEN'l. AGGREGATE LIMIT APPLIES PER: PRODUCT8-COMP/OP AGG. $ 3,000,000Ii n PRO­ nLOCPOLICY JECT

AUTOfo'\C?BlLE UA81UTY . ' PHPK343788 10/05108 07/01110 COMBINED SINGLE LIMIT ~ '.~.' (Ea accident) $ 1,000,000X ANY AUTO '- ­

ALL OWNED AUTOS BODILY INJURY ~ (Per person) $

SCHEDULED AUTOS A '- ­

HIRED AUTOS BODILY INJURY - $ NON-OWNED AUTOS (Per accident)

'- ­

- PROPERTY~~AMAGE $ (Per accidem

GARAGE UABIUTY AUTO ONLY - EA ACCIDENT $rl ANYAUTO OlHERTHAN EAACC $ AUTO ONLY:

AGG $

EXCESS I UMBRELLA UABILITY PHUB249916 10/05108 07/01/10 EACH OCCURRENCE $ 1.000,000

~ OCCUR D CLAIMS MADE AGGREGATE $ 1,000,000

A $rl DEDUCTIBLE $

RETENTION $ 10,000 $

W9RKERS.CoMPENSAnON AlI!D:' IWCSTAnJ. I lOnER488-0000855-09 07/01/09 07/01/10 X TORY LIMITS EMPLOYERS' UABIUTY

ANY PlIOI'IllETllRIARllIER/EXECUTIVE E.L. EACH ACCIDENT $ 1,000.000

B OFF1CERIIIEllBER EXCLUDED? E.L. DISEASE-EA EMPLOYEE $ 1,000,00011_--­ E.L. DISEASE-POLICY LIMIT $ 1,000,000SPECIAl PROVISlONS ......

qTI:!Ef!: ~,rty. - Blanket Basis PHPK343788 10/05108 07/01/10 CRIME & EMP;OISHONESTY: EMP. THEFT A :OIO'oaliJlitY:$f;GlJO,QOq. 40KlOCC.

EPU $1,000,000 FORG/ALT. $2500 OCC'n..;;.;:.;... ·, ....;.. ,.'..... , -c•.

DESCRIPTION OF OPERATIONSILOCATIONSlVEHICLESlEXCLUSIONS ADDED BY ENDORSEMENTI SPECIAL PROVISIONS

SEE SUPPLEMENTAL CERTIFICATE INFORMATION

CERTIFICATE HOLDER CANCELLATION

ALAMEDA COUNTY COMMUNITY DEVELOPMENT AGENCY HOUSING AND COMMUNITY DEVELOPMENT 224 W. WINTON AVE.. ROOM 108 HAYWARD. CA 94544-1215

SHOULD ANY Of THE ABOVE DESCRIBED POLICIES BE CANCELLED BEfORE THE EXPIRATION OATE THEREOf. THE ISSUING INSURER WILL ENOEAVOR TO MAIL 30' DAYS WRITTEN NOTICE TO THE CERTifiCATE HOlDER NAMED TO THE LEfT, BUT fAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY Of ANY KIND UPON THE INSURER, irS AGENTS OR REPRESENTATIVES.

Attention:

AUlHORIZED REPRESENTATIVE

~s~.StOlit ACORD 25 (2001108) Certificate # 18418 ©ACORD CORPORATION 1988

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Policy # PHPK343788 nMERCIAL GENERAL LIABILITY CO: Family Emergency Shelter Effective Date: 10/05/08 - 07/01/10

·rHIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - CONTROLLING INTEREST

This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART.

SCHEDULE

Name of Person or Organization

(If no entry appears above, the information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.)

1. WHO IS INSURED (Section II) is amended to b. Premises they own, maintain or control while include as an insured" the person or organization you lease or occupy these premises. shown in the Schedule but only with respect to 2. This insurance does not apply to structural liability arising out of: alterations, new construction and demolition a. Their financial control of you; or operations performed by or for that person or

organization.

CG 20051185 Copyright, Insurance §.ervices Office, Inc., 1984 o

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EXHlBITD COUNTY OF ALAMEDA

DEBARMENT AND SUSPENSION CERTIFICAnON For Procurements Over $25,000

The contractor, under penalty of perjury, certifies that, except as noted below, contractor, its principles, and any named subcontractor:

• Is not currently under suspension, debannent, voluntary exclusion, or detennination of

ineligibility by any federal agency;

• Has not been suspended, debarred, voluntarily excluded or detennined ineligible by any

federal agency within the past three years;

• Does not have a proposed debannent 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.

Exceptions will not necessary result in denial of award, but will be considered in detennining contractor responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action.

Notes: Providing false infonnation may result in criminal prosecution or administrative sanctions. The above certification is part of the Standard Services Agreement. Signing this Standard Services Agreement on the signature portion thereof shall also constitute signature of this Certification.

CONTRACTOR: FAMILY EMERGENCY SHELTER COALITION

PRINCIPAL: CATE STEANE TITLE: EXECUTIVE DIRECTOR

SIGNATURE: f.1fL ~'""---__ DATE:~/l Sm

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EXIDBITE

ALAMEDA COUNTY AFFIRMATIVE ACTION PLAN UNDER SECTION 3 OF THE HOUSING AND URBAN DEVELOPMENT ACT OF 1968

PURPOSE

To insure that to the greatest extent feasible, projects financed by the Alameda County Housing and Community Development Program provide business and employment opportunities for businesses in the Alameda County project areas funded by Supportive Housing Program (SHP).

In all contracts for work in connection with a Community Development project, the following clause (referred to as the Section 3 Clause), will be included:

I. The work to be perfonned under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 170lu (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HOD-assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing.

2. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations.

3. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin.

4. The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate actions, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation ofthe regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation ofthe regulations in 24 CFR part 135.

5. The contractor will certify that any vacant employment positions, including training positions, that are filled (I) after the contractor is selected but not before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 135.

6. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, tennination of this contract for default, and debarment or suspension from future HUD

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assisted contracts.

7. With respect to work perfonned in connection with section 3 covered Indian housing assistance, section 7(b) ofthe Indian Self-Detennination and Education Assistance Act (25 U.S.C. 405e) also applies to the work to be perfonned under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of section 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation ofcompliance with section 7(b).

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SECTION 3 EMPLOYMENT PLAN

NAME OF CONTRACTOR: FAMILY EMERGENCY SHELTER COALITION

Services to be provided: Support services to homeless persons and their families who are enrolled in the Alameda County Housing/Jobs Linkages Program.

Contract Amount: $40,577

D Contract amount does not exceed Section 3 dollar threshold. Section 3 requirements do not apply.

D

Contract does not include housing rehabilitation, housing construction or other public construction. Section 3 requirements do not apply.

Section 3 requirements do apply. Contractor has been notified of Section 3 requirements and has completed the anticipated work force analysis below.

The following work force is anticipated to be necessary to satisfactorily complete this work:

Job Classifications Existing Work Force Anticipated New Hires

CONTRACTOR agrees to undertake a good faith effort to comply with all ofthe provisions of Section of the Housing and Urban Development Act of 1968.

FAMILY EMERGENCY SHELTER COALITION Contractor

Cate Steane, Executive Director

Date

G:\HCD\HOMELESS\SHP\LINKAGES\FY 2009\fys FESCO 09 Renewal Contract 4924.docx

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Contract Reference No.: 4943

CONTRACT BY AND BETWEEN

SAFE ALTERNATIVES TO VIOLENT ENVIRONMENTS AND

TIlE COUNTY OF ALAMEDA

THIS AGREEMENT, made and entered into this ~ day of May, 2010 by and between the COUNTY OF ALAMEDA, a body corporate and politic of the State of California, hereinafter referred to as "COUNTY" and SAFE ALTERNATIVES TO VIOLENT ENVIRONMENTS, hereinafter referred to as "CONTRACTOR".

WITNESSETH:

WHEREAS, COUNTY has received funding from the U.S. Department of Housing and Urban Development under the Supportive Housing Program for Fiscal Year 2009; and

WHEREAS, COUNTY is desirous of contracting with CONTRACTOR for the provision of certain services, a description of which are presented in Exhibit A, attached hereto; and

WHEREAS, CONTRACTOR is willing and able to perform duties and render services which are determined by the Board of Supervisors to be necessary or appropriate for the welfare of residents of County; and

WHEREAS, COUNTY desires that such duties and services be provided by CONTRACTOR, and CONTRACTOR agrees to perform such duties and render such services, as more particularly set forth below:

NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED as follows:

1. Attached hereto, marked Exhibit A, and by this reference made a part hereof, is a description of the duties and services to be performed for COUNTY by CONTRACTOR, and CONTRACTOR agrees to comply with all provisions, to perform all work, and to provide all such duties and services set forth in Exhibit A in a professional and diligent manner.

2. COUNTY has allocated the sum of $40,577 to be expended as described in this contract. Unless an amendment to this contract otherwise provides, that amount shall in no event be exceeded by CONTRACTOR, and COUNTY shall under no circumstances be required to pay in excess of that amount. Payment shall be made pursuant to the terms and conditions set forth in Exhibit !!, attached hereto and by this reference made a part hereof. Sums not so paid shall be retained by COUNTY.

3. The term of this contract begins on the ~ day of March, 2010 and ends on the 31 sl day of May, 2011.

4. CONTRACTOR shall maintain on a current basis standard financial and administrative records regarding the verification of tenant incomes and household composition, determination of rental subsidy amounts and inspections and approvals of properties pursuant to Housing Quality Standards and other HUD guidelines, including-source documents supporting accounting transactions, eligibility and occupancy records as may be applicable, and related documents and records to assure proper accounting of funds and performance of this contract in accordance with instructions provided and to be provided by COUNTY. All records are to be maintained for a period of at least three years. CONTRACTOR shall comply with all such instructions.

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CONTRACTOR will cooperate with COUNTY in the preparation of, and will furnish any and all information required for reports to be prepared by COUNTY as may be required by the rules, regulations, or requirements of COUNTY or of any other government entity. To the extent permitted by law, CONTRACTOR will also permjt access to all books, accounts, or records of any kind to COUNTY or to any other governmental entity for purposes of audit or investigation, in order to ascertain compliance with the provisions of this contract.

5. CONTRACTOR shall maintain, at all times during the term of this contract, the insurance and bonding documentation described in Exhibit Q to this contract, and shall comply with all other requirements set forth in that Exhibit.

6. HOLD HARMLESSIINDEMNIFICATION: To the fullest extent permitted by law, CONTRACTOR shall hold harmless, defend and indemnify the COUNTY, .its Board of Supervisors, officers, employees and agents (collectively "Indemnitees") from and against any and all claims, losses, damages, liabilities or expenses, including.reasonable attorney fees, incurred in the defense thereof, for the death or injury to any person or persons (including employees of CONTRACTOR OR COUNTY) or damage of any property (including property of CONTRACTOR or COUNTY) which arises out oforis any way connected with the performance of this agreement (collectively ''Liabilities'') except where such Liabilities are proximately oaused solely by the negligence or willful misconductof any Indemnitee.

7. COUNTY shall make at least one program evaluation during the term of this contract. COUNTY, with prior written notice of 14 days to contractor, may at any time during the term of this contract conduct an evaluation of the program. Said evaluation shall cover both objectives and program of CONTRACTOR. CONTRACTOR shall maintain and retain records with respect to such . objectives, program, and evaluations, and shall cooperate with COUNTY in making these or any other evaluation reports; CONTRACTOR shall permit access by COUNTY to the premises, shall furnish all information requested by COUNTY, and shall afford COUNTY access to all such records of CONTRACTOR.

8. CONTRACTOR shall not claim reimbursement from COUNTY for (or apply sums received from COUNTY) with respect to that portion of its obligations which has been paid by another source of revenue. Ho\yever, unrestricted or undesignated private qharitable donations and contributions shall not be considered revenue applicable to this contract. CONTRACTOR has total freedom in planning for the usage of such resources in expanding and enriching programs, or in providing for such other: operating contingencies as it may desire. Sums received as a result of applications for funds from public or private organizations shall be considered such revenue insofar as such sums are or can be applied to the work to be performed by contractor pursuant to this contract. Nothing herein shall be deemed to prohibit CONTRACtOR from contracting with more than one entity to perform additional work similar to or the same as that herein contracted for.

9. None of the work to be performed by CONTRACTOR shall be subcontracted without the prior written consent of COUNTY. CONTRACTOR shall be as fully responsible to COUNTY for the acts and omissions of any subcontractors, and ofpersons either directly or indirectly employed by them, as CONTRACTOR is for the acts and omissions of persons directly employed by CONTRACTOR.' CONTRACTOR shall not transfer any interest in this contract(whether by assignment or novation) without the prior written approval of COUNTY. No party shall, on the basis of this contract, in any way contract on behalf of, or in the name of, the other party to the contract, and any attempted violation of the provisions of this sentence shall confer no rights, and shall be void.

10. Neither the CONTRACTOR nor any of its employees shall by virtue of this contract be an employee ofCOUNTY for any purpose whatsoever, nor $hall it or they be entitled-toany Of the rights, privileges, or benefits of COUNTY employees. CONTRACTOR shall be deemed at all

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times an independent contractor and shall be wholly responsible for the manner in which it performs the services required of it by the terms of this contract. CONTRACTOR assumes exclusively the responsibility for the acts of its employees as they relate to the services to be provided during the co~rse and scope of their employment. ­

II. CONTRACTOR agrees to maintain the confidentiality of any information which may be obtained with this work. COUNTY shall respect the confidentiality of information furnished by CONTRACTOR to COUNTY. ­

12. If, through any cause, CONTRACTOR shall fail to fulfill in timely and proper manner its obligations under this contract, or if CONTRACTOR shall violate any of the covtmants, agreements, or stipulations of this contract, COllNTY shall'thereupon have the right to terminate this contract by giving written notice to CONTRACTOR of such termination and specifying the effective date of such termination. Without prejudice to the foregoing, CONTRACTOR agrees that if, prior to the termination or expiration of this contract, upon any [mal or interim audit by COUNTY, COUNTY finds that Contract has failed to fulfill its obligations under this contract in a

_timely and proper manner, that CONTRACTOR shall forthwith bring itself into compliance and shall pay to COUNTY forthwith whatever sums are so disclosed to be due to COUNTY (or shall, at COUNTY's election, permit COUNTY to deduct such sums from whatever amount remains undisbursed by COUNTY to CONTRACTOR pursuant to this contract); if this contract shall have terminated or expired, and it shall be disclosed upon such audit, or otherwise, that such failure shall have occurred, the CONTRACTOR shall pay to COUNTY forthwith whatever sums are so disclosed to, or determined by, COUNTY to be due to COUNTY, or shall, at COUNTY's election, perrilit the COUNTY to deduct such sums from whatever amounts remain undistributed by COUNTY to CONTRACTOR pursuant to this or any other contract between the COUNTY and CONTRACTOR Anything in this contract to the contrary notwith:;tanding, COUNTY or CONTRACTOR shall have the right to terminate this contract with or without cause at any time upon giving at least 30 days' written notice prior to the effective date of such termination.

13. CONTRACTOR shall comply with all applicable laws, ordinances, and codes ofFederal, State and local governments, in performing any of the work embraced by this cc:>ntract. This shall include obtaining any licenses, permits or waivers necessary to legally own or operate any facility or perform any work or service covered by this contract.

14. CONTRACTOR shall retain the property acquired with funds under this contract as long as there is a need for the property to accomplish the purpose of the program whether or not the program continues to be supported by COUNTY funds. For disposition ofproperty having a useful life of more than one year and an acquisition cost of $5,000 or more per unit, CONTRACTOR shall request disposition instructions from COUNTY. All personal property acquired with funds pursuant to this contract shall be acquired in compliance with Federal Management Circular 74-7, Attachment N - Property Management Standards.

-15. COUNTY shall assign a liaison to CONTRACTOR with respect to the performance ofthis contract. In the event that a budget is one ofthe Exhibits to this contract, and if any adjustment in the line items in that budget is requested by CONTRACTOR, such adjustment may be made upon receipt by CONTRACTOR ofthe written approval ofthe liaison. Such budget adjustment shall not alter (1) the basic scope ofservices or other performance to be provided under this' contract, (2) the time of performance of any act hereunder, or (3) the total amount of money allocated hereunder.

16. CONTRACTOR agrees to comply with all requirements which are now, or which may hereafter be, imposed by the Supportive Housing Program and HOD, as well as such requirements as may be imposed by COUNTY. This includes, but is not limited to: 24 CFR Part 583 (Supportive Housing Program); 24 CFR part 85 (OMB Circulars A-I02, A-87, A-IIO and A-122); 24 CFR part 87, anti-:

- lobbyingrequirements,-24 CFRpart 24, debarred or suspended contractors; and 24 CFR part 35, and the Lead-based Paint Poisoning Prevention Act. No persons shall be displaced as a result of a

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project funded under this agreement. CONTRACTOR agrees that it will not use funds received pursuant to this agreement, either directly or indirectly, as a contribution in order to obtain any Federal funds under any Federal programs without prior written approval ofCOUNlY. Further, CONTRACT-OR agrees that upon the return of any funds granted, loaned, or otherwise distributed by tHe CONTRACTOR that COUNlY paid to CONTRACTOR under this contract, or the receipt of any funds by the CONTRACTOR as a direct result of any funds granted, loaned, or otherwise distributed by the CONTRACTOR that COUNlY paid to CONTRACTOR under this contract, CONTRACTOR shall return the funds to COUNlY, qnless COUNTY otherwise directs in writing.

17. CONTRACTOR agrees that no person in the United States shall, on the grounds of race, color, religion, national origin, sex, sexual orientation, handicap, ancestry, or age be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available to CONTRACTOR by COUNTY pursuant to this contract.

18. CONTRACTOR shall submit all claims for reimbursement under the contract within thirty (30) days after $e ending date of the contract. All claims submitted after thirty (30) days following the ending date of this contract will not be subject to reimbursement by the COUNlY. Any. "obligations incurred" included in claims for reimbursements and paid by the COUNTY which remain unpaid by the CONTRACTOR after thirty (30) days following the ending date of the contract will be disallowed under audit by the COUNTY..

'19. CONTRACTOR and COUNTY recognize that unforeseen events may cause significant increases in the costs to be borne by CONTRACTOR in rendering services hereunder and in otherwise performing this contract. If the Board of Supervisors lletermines that the CONTRACTOR has incurred unforeseen significant Costs, which, ifnot paid, will interfere substantially with CONTRACTOR's performance hereunder, and reimbursement thereof is necessary in order to prevent undue hardship to the recipients of CONTRACTOR's services, this contract may be amended.

20. CONTRACTOR shall not, during the term of this contract, without obtaining the written consent of COUNTY, permit any member ofthe governing board of the CONTRACTOR to perform for compensation any administrative or operational functions for the CONTRACTOR with respect to the performance ofthis contract (including, but not by way of limitation, fiscal, accountIng, or bookkeeping functions). Such consent shall be obtained in writing by CONTRACTOR from the . CONTRACTOR's liaison with COUNTY. The liaison may consent ifthe liaison determines such performance to be fair or reasonable. Should the liaison refuse to consent within three weeks of receipt of the request therefore, then CONTRACTOR either shall comply with the liaison's decision, or shall ftle a letter with the Clerk of the Board of Supervisors protesting the liaison's decision.. In that event, the performance of such functions may continue until the Board of Supervisors has decided the matter. The CONTRACTOR shall comply with such Board decision. CONTRACTOR shall not, during the term of this contract, with respect to the performance ofthis contract, without having promptly disclosed the same to COUNTY in writing:

a. Employ my person who is related by blood or marriage to another employee, a manager, or a "member of the governing board of the CONTRACTOR; or

b. Contract for the acquisition of goods or services for more consideration that would be paid for equivalent goods or services on the opep market from any person who is related by blood or marriage to a manager or a member of the governing board of the CONTRACTOR; or

c. Contract for the acquisition of goods or services for more consideration than would be paid for equivalent goods or services on the open market from any organization in which any person who is related by blood or marriage to a manager or member of the governing board of the

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CONTRACTOR has a substantial personal financial interest.

Such disclosure shall be in writing and addressed to the CONTRACTOR's liaison with COUNTY; should said liaison object to such employment or contracting in writing to the CONTRACTOR within three weeks of receipt ofthe disclosure, then CONTRACTOR either shall not permit such employment or contracting as so disclosed, or shall file a letter with the Clerk ofthe Board of Supervisors protesting the liaison's decision, In that event said employment or contracting may continue until the Board of Supervisors has decided the matter. The CONTRACTOR shall comply with such Board decision. CONTRACTOR shall not during the term ofthis contract, permit any member of the governing board of the CONTRACTOR to have or acquire, directly or indirectly, any personal financial interest in the performance of the contract, as by providing goods or services for compensation, or otherwise, without having first disclosed the same to the board, and said member shall not participate in board discussion or action on any such matter.

21. EQUAL EMPLOYMENT OPPORTUNITY PRACTICES PROVISIONS: CONTRACTOR assures' that.it will comply with Title VII of the Civil Rights Act of 1964 and that no person shall, on the grounds of race, creed, color, disability, sex, sexual orientation, national origin, age, relation, Vietnam era Veterans status, political affiliation, or any other non-merit factor, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this

.contract.

A. CONTRACTOR shall, in all solicitation or advertisements for applicants for employment placed as a result ofthis contract, state that it is an Equal Opportunity Employer@ or that all qualified applicants will receive consideration for employment without regard to their race, creed, color, disability, sex, sexual orientation, national origin, age, religion, Vietnam era Veterans status, political affiliation, or any other non-merit factor. .

B. CONTRACTOR shall, if requested to do so by the COUNTY, certify that it has not, in the performance of this contract, discriminated against applicants or employees because oftheir race, creed, color, disability, sex, sexual orientation, national origin, age, religion, Vietnam era VetelCJlls status, political affiliation, or any other non-merit factor.

C. Ifrequested to do so by the COUNTY, CONTRACTOR shall provide the COUNTY with access to copies ofall of its records pertaining'or relating to its employment practices, except to the extent such records or portions of such records are confidential or privileged under state or federal law.

D. CONTRACTOR shall recruit vigorously and encourage minority- and women-owned businesses to bid its subcontracts.

E. Nothing contained in this contract shall be construed in any manner so as to require or permit any act which is prohibited by law.

F. The CONTRACTOR shall include the provisions set forth in paragraphs A through E (above) in each of its subcontracts.

CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the awarding authority setting forth the provision of this Equal

.Employment Opportunity Practices Provisions clause.

22. CONTRACTOR and CONTRACTOR's employees shall comply with the COUNTY's policy of maintaining a drug-free work place and with the requirements of the Drug-free Workplace Act of 1988 and 24 CFR part 24 subpart F. Neither CONTRACTOR nor CONTRACTOR's employees shall unlawfully~manufacture, distribute, ·dispense, possess or use controlled substances, as defined in 21 U.S. code Section 812, including marijuana, heroin, cocaine, and amphetamines, at any

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COUNTY facility or work site. IfCONTRACTOR or any employee of CONTRACTOR is convicted or pleads nolo contendere to a criminal drug statute violation occurring at a COUNTY facility or work site, the CONTRACTOR within five days thereafter shall notify the head ofthe COUNTY department/agency for which 1he contract services ar~ performed. Violation of this provision shall constitute a material breach of this agreement. .

23. CONTRACTOR agrees to comply with the requirements of the HUD's Section 3 Employment Opportunities for Low-Income Residents Requirements as applicable, attached hereto as Exhibit E.

24. This contract can be amended only by written agreement of the parties hereto.

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IN WITNESS WHEREOF, the parties hereto have executed this contract in triplicate on the day first mentioned above.

COUNTY OF ALAMEDA

By: _

President Board of Supervisors

Approved as to Form: Richard E. Winnie County Counsel

By: Andrea Weddle Senior Deputy County Counsel

CONTRACTOR

SAFE ALTERNATNES TO VIOLENT ENVIRONMENTS Contractor

1900 Mowty Avenue, Suite 204 Street Address

Fremont, CA 94538 City, State, Zip Code

By: D. ,(\-=---. _~_..~Executive Director

Date:~ ~ __/1....><.....-0

By signing above, signatory warrants and represents that he/she executed this Agreement in hislher authorized capacity and that by hislher signature on this Agreement, he/she or the entity upon behalf of which he/she acted, executed this Agreement.

94-2520559 Taxpayer Identification #

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EXHIBIT A SCOPE OF WORK/ACTIVITIES

BETWEEN ALAMEDA COUNTY HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT

. AND SAFE ALTERNATIVES TO VIOLENT ENVIRONMENTS

For Services Providec;l March 1,2010 THROUGH February 28, 2011

The CONTRACTOR will provide the following services to Linkages participants, as finally determined by COUNTY, upon direction ofthe COUNTY to begin services:

1. To outreach to families with children living on the streets or places otherwise not mtended for , human habitation, including victims ofdomestic violence or abuse. Using existing resources, these

families will initially be placed into the shelter.

a. Te shelter and service providers will work with the Leasing Coordinator to utilize proven existing street outreach methods, as well as conducting outreach at existing, appropriate points of contact in the coIDDlunity.

b. Case managers will work with homeless families as they enter the shelter to assess their eligibility for the Alameda County Housing-Jobs Linkages Program and other support services.

2. To conduct individual assessments ofparticipant families for the purpose of stabilizing their living situations and toward the creation of Individual Service Plans.

The ultimate goals ofthe Individualized Service Plans are to assist participants in obtaining andlor remaining in permanent housing; to increase life skills andlor income of participants; and to help participants achieve greater self-determination.

a. Case Managers assess each family's situation, both financially and personally, to determine their ability to commit to and succeed in a self-sufficiency program which leads to sustainable employment and permanent housing.

b. An initial assessment is conducted with the participant family to generate an IndividualiZed Service Plan.

c. Case Managers work w"ith other resource teams, including the Leasing Coordinator to begin -assembling the 'range of resources required to stabilize the family's living situation.

d. Case Managers work with resource teams and the Leasing Coordinator to map a strategy,for successfully moving participant families into transitional housing, as well as accessing the self­sufficiency/employment portion of the Linkages Program.

e. The participant family is formally enrolled into the Alameda County Housing/Jobs Linkages Program.

3. To provide Case Management Services to participant families in order to facilitate their progress from homelessness to stability and eventually self-sufficiency.

a. Case Manager develops and periodically updates, with client participation, a long-term, Individualized Services Plan covering goals related to housing, job training/placement, budgeting and family life skills and stabilization needs.

b. Case Manager maintains up-to-date family participant information and service records on a

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computerized database and generates reports for funding sources, monitoring and evaluation purposes.

c. Case Manager shares client information with counselors at other programs serving common clients, on a confidential basis and with prior client approval, to facilitate the client's progress, including the Alameda County Housing/Jobs Linkages Program Leasing Coordinator.

d. Case Manager makes regular home visits with client families, after outplacement, to prevent reversion to homelessness.

4. To provide supportive services which are designed to address the individual, special needs of the homeless families to be served.

a. . .

Provision of safe and secure short-term emergency shelter.

b. Work with participant families to ensure timely access to public assistance and income entitlement sources for which they are eligible.

c. Work with client service staff at health and human service programs, job training programs, and affordable housing programs, to make referrals and secure needed services and suppcirt. . .

d. Work with affordable housing coordinators at other programs to fmd and obtain leased housing and eventually to secure unsubsidized permanent housing.

. 5. Case Manager Will work with participants to address employment needs.

a. Conduct an employment readine~s assessment and develop an Individual Employment Plan for each participant in the program. This plan will be coordinated with the participant's IhdividuaJ Se1£"- Sufficiency Plan.

b. Monitor progress on participant Individual Employment Plans. Plans will be reviewed with the participant as often as necessary but no less frequently than quarterly.

c. Provide or conn~t participants with resources for employment services including employment assessment, job search skills, resume preparation, work environments orientation such as standards for attendance, behavior and dress, Internet access, online resources for job search, transportation and specialized tools, equipment, clothing, childcare or other support necessary to take part in training or employment

d. Make referrals as appropriate to other job training, placement and job development agencies .and follow-up on referrals to ensure that participants receive the services.

e. Provide support to participants who become employed through individual and group support, continued training opportunities, referrals and other activities as necessary. .

6. Each LINKAGES agency shall be responsible for recruiting and working with a minimum of eight families by the end ofthis contract period.

7. COUNTY shall have all ofthe responsibilities for implementation and program oversight as .specified in its application to HOD for the FY2009 Housing/Jobs Linkages Program and in the Housing/Jobs Linkages Grant Agreement as executed between COUNTY and the U.S. Depamnent ofHousing and Urban Development. .

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8. Each LINKAGES agency shall participate in the Alameda County Homeless Continuum of Care Council Homeless Management Infonnation System (HMIS), including training, client data entry,· producing required reports and working collaboratively with other agencies to utilize the HMlS to its maximum capacity. I

\;i!II,

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EXHlBITB TERMSANDCONDmONSFORPAYMENT

1. COUNTY will pay CONTRACTOR up to $40,577 beginning March 1, 2010 and ending February 28,2011 for services in accordance with the scope ofwork in Exhibit A and the attached Program Budget, in accordance with the conditions set forth below. CONTRACTOR shall submit monthly invoices no more than monthly including supporting documentation for costs invoiced. Invoices shall be reviewed by the liaison assigned to monitor this Contract and shall be approved by the CommunitY Development Agency Director or his designee.

2. Total payment under the terms ofthis agreement shall not exceed $40,577. These funds must cover all costs to the CONTRACTOR ofproviding or contracting for services, as no additional funds will be made available to reimburse expenses incurred in completing the Scope ofWork described in Exhibit A.

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EXHlBITB

SAFE ALTERNATIVES TO VIOLENT ENVIRONMENTS

PROGRAM BUDGET

For Services Provided March 1, 2010 through February 28,2011

Case Manager Salary $32,000

Case Manager Benefits $5,120

Case Manager. Mileage $624

Program:Director Salary $2,833

TOTAL .$40,577 .

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EXHIBITC COUNTY OF ALAMEDA MINIMUM INSURANCE REQUIREMENTS

Wllhoot limiting any other obligation or fiability under this Agreement the Contractor, at its sole cost and expense, shall secure and keep in force during the entire term of the Agreement or longer, as may be specified below, the following insurance coverage, limits ald endorsements:

A Commercial General Liability I

Premises Uability; Products and Completed Operations; Contractual Uability; Personal Injury and Adverti,sing Uability, Abuse, Molestation, Sexual Actions, and Assault and Battery

$1,000,000 per occurrence (CSL)

Bodily Injury and Prnperty Damage

B Commercial or Business Automobile Liability

All owned vehicles, hired or leased Vehicles, non-owned, borrowed and permissive uses. Personal Automobile Uability is acceptable for individual contractors with no transportation or hauling related activities

$1,000,000 per occurrence (CSL)

Any Auto

Bodily Injury and Property Damage

C Workers' Compensation (WC) and Employers liability (EL)

Required for all contractors with employees

WC: Statutory Umits

EL: $100,000 per accldent for bodily injury or disease

D . Professional LiabilitylErrors and Omissions

Includes endorsements of contractual liability

$1,000,000 per occurrence

$2,000,000 aggregate

E Directors and Officers Liability

Including Employment Practices Uability

$1,000,000 per occurrence

F Employee Dishonesty (ED) and Crime (C)

(ED) Required only if asignificant amount of funding is advanced to contractor.

(C) ReqUired only if contractor keeps significant sums of money at premises

(ED) Minimum of 75% of the Funding

(C) Minimum daily amount kept on premises

G Endorsements and Conditions:

1. ADDmONAL INSURED: General Uability, Au1omobile Uability, and Directors and Officers Uability Insurance Policies shall be endorsed to name as additional insured: County of Alameda, its Board of Supervisors, the individual members thereof, and all County officers, agents, employees and volunteers. Employee Dishonesty and Crime Insurance Policy shall be endorsed to name as Loss Payee (as interest may arise): County of Alame9a, its Board of Supervisors, the individual members thereof, and 'all ~unty officers, agents, employees and volunteers.

2. DURATION OF COVERAGE: All required insurance shall be maintained during the entire term of the Agreement with the following exception: Insurance policies and coverage(s) W(itten on ac1aims-made basis shall be maintained during the entire term of the Agreement and until 3 years foll<Mingtermination and acceptance of all wor1<. provided under the Agreement, with the retroactive date of said insurance (as may be applicable} concurrent with 'the commencement of activities pursuant to this Agreement.

3. REDUCTiON OR LIMIT OF OBw<;ATION: All insurance policies shall Pe primary insurance to any insurance available to the Indemnified Parties and Additionallnsured(s). Pursuant to the provisions of this Agreement, insurance procured by the Contractor shall not reduce or limit Contractor's contractual obligation to indemnify and defend the Indemnified Parties,

4. INSURER FINANCiAl RATING: Insurance shall be maintained through an insurer with aA.M. Best Rating of no less than A: VII or equivalent, shall be admitted to the State of California unless otherwise waived by Risk Management, and with deductible amounts acceptable to the County, Acceptance of ContractOl's insurance by County shall not relieve or decrease the liability of Contractor hereunoer. Any deductible or self-insured retention amount or other similar obligation under the policies shall be the sole responsibility of the Contractor.

5. SUBCONtRACTORS: Contractor shall include all subcontractors as an insured (covered party) under its policies or shall fumish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.

6. JOINT VENTURES: If Contractor is an association, partnership or other joint business venture, required insurance shall be provided by anyone of the folk1Ning methods:

Separate insurance policies issued for each individual entity, with each entity included as a "Named Insured (covered party), or at minimum named as an "Additional Insured" on the other's policies. Joint insurance program with the asSociation, partnership or other joint business venture included as a 'Named Insured,

7. CANCELLATION OF INSURANCE: All required insurance shall be endorsed to provide thirty (3D} days advance written notice to the County of cancellation.

8. CERTIFICATE OF INSURANCE: Before commencing operations under this Agreement, Contractor shall provide Certificate(s) of Insurance and applicable insurance endorsements, in form and satisfactory to County, evidencing that all required insurance coverage is in effect. The County reserves the rights to require the Contractor to provide complete, certified copies of all required insurance policies. The require certificate(s) and endorsements must be sent to: .

- Department/Agency issuing the contract - With acopy to Risk Management Unit (125 -12'h Street, 3rd Floor, Oakland, CA 94607)

Certificate C-4d Form 2001-1 (Rev. 03/15/06)

Page 13 of17

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Dec-30-09 01: 55P ~icho:l_s insurance P.Ol .J DATE IMlWO/VYYY)

ACORD.. CERTIFICATE OF LIABILITY INSURANC~ S~10, 12/30/09 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERnFtCATE HOLDER. THIS CERnFICATEDOES NOT AMEND, EXTEND ORNichols Insurance aerviee, Inc ALTER lliE COVERAGE AFFORDED BY lliE POLICIES BELOW.11 0 Box 20875

Castro Valley CA 94546 ,Phon8:S10-8U-0300 J'ax:510-889-0306 INSURERS AFFORDING COVERAGE _ INAtC f#­

INi\iiieo NSURF.RA;--Nonpr~fit· s In;;r~c-; All;a4a~­INSURERIl: Philadelphia Insuranee c~ani._- -_. - -- ._. ­Safe Alternatives To Violent INSI)RERC:

Bnli~ottments, Inc ~-- --. _. .- .- ­ -39 55 Liberty Street Ste. C310 IN~:Prl!l2DOnt CA 9'1538

INSUR!:KF:I COVERAGES

UIF POlJCII:S Of /NS\JRANQ: lISTED BELOW ""VI: BeEN lSauee TO I HE INSUIU!D NAMFD ABOVf: t-OR TIll: rollev PERIOD INUle"TtD. NO I W1T1ISTANllINA ANiRCDUIKSU'NT, TERM OR CONDITlUN OF ANY CON I AACT on 01HER OOCUMf:N (wm I RCSI'':CT TO WHICH THIR C'.cRTlt-ICATF. MAY 1ft: ISSllto ott MAY I'ERT'AIN. THe IMSURJlNCE N-t-OROEO BY lHI: POLICIt:S DI:SCRIDEO HeReiN IS SUBJECt TO ALL THf: rERMs. I:llCLUSION:; AND CONomONl; 0': $tICII POt ICD. AOCRl?C";oATt uMlis SHOWN MAY 1'lAVF D[DI Kr:OU<;ED BY I'AIO CI .AIMS. -~ '---;;;OFINSU~E --,--' ~NUMBe;­

I .. I .. ~ElW.lIABtUlY A X X COUMERClALctNFIW.LlABIUIY 2008-02966

~,lc""-~~ GfN'l AGGftECATE lIMIT N'l'Lft:S F-FR:

ll'Ol~1 I~ I I LOC

AUTOMOBILE UABIUTY COMBINt:D 6!OOU: UMlI .1000000 10/17/09 . 10/17/10 (Fo aa::KIenII •A X ~ANYAUTO 2008-0:a966

ALl OWNED AUTOS_. 100";;""RV - ­ $ . IPl:r "",!onl_ SCHEDUU:O AUTOS ,- ­A X IolIREDAUTOS BODILY INJURY

(p... lICOdl!lll)A X • NON.QWNED AUlOS - . ­PROI'~TVDAMAGE.---i .. lP-t' accidetlt)

GARAGE LlABiUlY AUT~!>NL"!...tAACCI~ ~

OTlIE.R THAN ~ Aa:. S •__=i AHYAUTU ' ­AUTO ON\.Y: Ar,(l $

EXCESSIUIIBRELlA UABIUTY l:1tCH ()CCURRFNCC If--- -_. -_.

~ OCCUR ~. -: ClAIUS MADC AGGR~!C _ ~

--. .. .!.-­

l bEOtJCmu: -- ---. s --- -RlrrEN lION • I $

WORKEftS COMPENSATION IlMD ,.....ITonvYM!..I.L.. I"'m"_EMPLOYERS' UABIUTY . ___ I _ ••E.l. ""CII ACCRJt:NT S . AHVPRClPRIElORlPARtNCRIE.XCCUfl\IF

Ot-fICEMtEIolBfR ~eLUDED? EL.01S!:ASF . r.A CMf'U)vt:~ $ • l'III, dosa.... under f--- --- """"­8I'l:ClAL PROVISIONS II8lOIV I:.t.. (11.c;eASC - I'<JLlCV lIMIT $ OTHER

A Professional liab. I ~0080296EiNPO 10/17./091 10/17/10 Aggregate 2.000,000 B D & 0 PHSD421382 05/14/09 05/14/10 Bach ace. 1,OOO.OO~

DESCRIPl10III OF OPERATlONS I LOCATIONS 'VIHlCLES I EXCLUSIONS ADDED BY ...,OORSEJlENT I $Pecw..I'ROVISION5

Additional tnsured's; county of Al~da, its board of supervisors, ~e iudividual msmbe~s thereof. and all eounty officers, agents. emp10yees and volUDteers with respect to the operations of the Namad Insured per attached endorsement foxm 10 days notice of eancellation for non payment of premium.

CERTIFICATE HOLDER

Alameda County HOUBing & Community Developement Dept.Attu. P1o~a Shek 234 W. Winton Ave. Room 108 Hayward CA 9'544

.,.ft8lft ... ''INN Ina,

CANCEUATION ALADDlo SHOU\.g Nt't OF THE AIIOI/Ii. DESCRIBiD POUCIES Be CANCElLED &&FORE THE EXPlRATIO

DATE THOEOF, THe lS&ult.lG INSU"~ WILL ENDEAVOR TO MAlL 3 0 . DAYS W/UTTEN

NonCE TO TllE CflmFlCATE HOLDE~ "AMED 10 T14~ LEFT, BUT F&LURE TO DO 50 SIIAl..L

IMPOSE NO oeUGATlON OR LIABILITY OF KJ?' 4PON THe INSUR'lt.l'A AGENtS OR

REPRESEl'f1'AllVES. / A EDREPRUENTATM!

RATION198S

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DATE (MMlDDIYYYY) OPID ZHACORD. CERTIFICA"T~ OF LIABILITY INSURANr~ ISAVE-04 01/06/10 PRODUCER THIS CERTIFICATE IS ISSUED AS AMATTER OF INFORMATION

ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE (WC) Heffernan Insurance Brkrs HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1350 Carlback Ave, Suite 200 ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW. Walnut Creek CA 94596 Phone: 925-934-8500 Fax:925-934-8278 INSURERS AFFORDING COVERAGE NAlC~

INSURED INSURER/\: STATB COMPRH'SA'I'IOH DIS. rmm

INSURERB: Federal Insurance Company 20281 INSURERC:SAVE, Inc '"

1900 MO~ Ave 1204 INSURER 0:Fremont C 9453. INSURERE:

COVERAGES THE POliCIES OF INSURANCE LISTED Baow HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITIlSTANDING AN'{ REQUIREMENT, TERM OR CONDITION OF />Joff CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH TIllS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, TIlE INSURANCE AFFORDED BY TIlE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL TIlE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POUCIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

POLICY NUMBER I'D~~1~rlf.fM;1: P8.1J1ll~ln;'~N L...rrsLTR INSRC TYPE OF INSURANCE

GENERAL LIABIUTY EACH OCCURRENCE $ r- ­

$COMMERCIAL GENERAL LIABILITY PREMiSES (Ea occurenee)r--tJ $MED EXP (Anyone person)CLAIMS MADE D OCCUR r- ­$PERSONAL & ADV INJURY

r- ­$GENERAL AGGREGATE

r- ­$GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPfOP AGG n POLICY n ~~g: n LOC

AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT f-- ­ $(Ea accident) ANY AUTO

f-- ­ALL OWNED AUTOS BODILY INJURY f-- ­ $(Per penon)SCHEDULED AUTOS

r- ­HIRED AUTOS BODILY INJURY - $(Per accident) NON-QWNED AUTOS

-

PROPERTY DAMAGE - $(Per accident)

$GARAGE LIABILITY AUTO ONLY - EA ACCIDENT

$EAACC=1 AN'{AUTO OTIlERTHAN AUTO ONLY: $AGG

$EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE

$AGGREGATEOCCUR D CLAIMS MADE

$ $

RETENTION $ ==l DEDUCTIBLE

$ WORKERS COMPENSATION AND X ITORY LIMITS I IUE~-EMPLOYERS' LlASlUTY

E.L. EACH ACCIDENT $10000004887702009 07/01/09A 07/01/10ANY PROPRIETOR/PARTNERlEXECUTIVE OFFICERIMEMBER EXCLUDED? E.L DISEASE - EA EMPLOYEE $1000000 ~~tiLs;?A~v'l~<fNsbelow E.L. DISEASE - POLICY LIMIT $ 1000000 OTHER

Crime 68046938B 07/01/09 07/01/10

DESCRJP1lON OF OPERATIONS f LOCATIONS f VEHICLES f EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS

Project: As on file with the insured. "'Except 10 days notice for non-payment of premium.

CERTIFICATE HOLDER CANCELLATION

ALAME-9

Alameda County Housing & Community Development Dept. Attn: Flora Shek 224 W. Winton Avenue, Rm. 108 Hayward, CA 94544

SHOULD ANY OF THE ABOVE DESCRIBED POLICES BE CANCELLED BEFORE THE EXPIRATION

DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30'" DAYS WRITTEN

NOTICE TO THE CERTIFICATE HOLDER NAMED TO TIlE LEFT, BUT FAILURE TO DO so SHALL

IMPOSE NO OBUGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR

REPRESENTATIVES.

AUT~~

ACORD 25 (2001f08) @ACORDCORPORATION 1988

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EXHIBITD COUNTY OF ALAMEDA

DEBARMENT AND SUSPENSION CERTIFICATION For Procurements Over $25,000

The contractor, under penalty of perjury, certifies that, except as noted below, contractor, its principles, and any named subcontractor:

• Is not currently under suspension, debarment, voluntary exclusion, or determinati0!l 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.

Exceptions will not necessary 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 Standard Services Agreement. Signing this Standard Services . Agreement on the signature portion thereof shall also constitute signature of this Certification.

CONTRACTOR: SAFE ALTERNATIVES TO VIOLENT ENVIRONMENTS

PRINCIPAL: ~ TITLE: EXEClITIVE DIRECTOR

SIGNATURE: ~. lX4,...L DATE: '1/11t. Ito

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EXHIBITE

ALAMEDA COUNTY AFFIRMATIVE ACTION PLAN UNDER SECTION 3 OF THE HOUSING AND URBAN DEVELOPMENT ACT OF 1968

PURPOSE

To insure that to the greatest extent feasible, projects fmanced by the Alameda County Housing and Community Development Program provide business and employment opportunities for businesses in the Alameda County project areas funded by Supportive Housing Program (SHP).

In all contracts for work in connection with a Community Development project, the following clause (referred to as the Section 3 Clause), will be included:

1. The work to be performed under this contract is subject to the requirements·of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by BUD assistance or HOD-assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HOD assistance for housing.

2. The parties to this contract agree to comply with HOD's regulations in 24CFR part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations.

3. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a not;ice advising the labor organization or workers' representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section, 3 preference, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each ofthe positions; and the anticipated date the work shall begin.

4. The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate actions, as provided in an applicable provision ofthe subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation ofthe regulations in 24CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135.

5. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but not before the contract is executed, and (2) with persons other than those to whom the regulations of24 CFR part 135 require employment opportunities be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 135.

6. Noncompliance with RUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts.

7. With respect to work performed in connection with section 3 covered Indian housing assistance, section7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C.405e)also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest

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extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award ofcontracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of section 3 and section 7(b) agree to comply with section 3 to 'the maximum extent feasible, but not in derogation ofcompliance with section 7(b).

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SECTION 3 EMPLOYMENT PLAN

NAME OF CONTRACTOR: SAFE ALTERNATIVES TO VIOLENT ENVIRONMENTS

Services to be Provided: Support services to homeless persons and their families who are enrolled in the Alameda County Housing/Jobs Linkages Program.

Contract Amount: $40,577

Uontract amount does not exceed Section 3 dollar threshold. Section 3 requirements do not apply.

Ixx Eontract does not include housing rehabilitation, housing construction or other public construction. Section 3 requirements do not apply.

Dection 3 requirements do apply. Contractor has been notified of Section 3 requirements and has completed the anticipated work force analysis below.

The following work force is anticipated to be necessary to satisfactorily complete this work:

Job Classifications Existing Work Force Anticipated New Hires

CONTRACTOR agrees to undertake a good faith effort to comply with all of the provisions of Section of the Housing and Urban Development Act of 1968.

ES TO VIOLENT ENVIRONMENTS

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Contract Reference No.: 4931 CONTRACT

BY AND BETWEEN TRI-VALLEY HAVEN

AND THE COUNTY OF ALAMEDA

TillS AGREEMENT, made and entered into this ~ day of May, 2010 by and between COUNTY OF ALAMEDA, a body corporate and politic of the State of California, hereinafter referred to as "COUNTY" and TID-VALLEY HAYEN, hereinafter referred to as "CONTRACTOR".

WITNESSETH:

WHEREAS, COUNTY has received funding from the U.S. Department of Housing and Urban Development under the Supportive Housing Program for Fiscal Year 2009; and

WHEREAS, COUNTY is desirous of contracting with CONTRACTOR for the provision of certain services, a description of which are presented in Exhibit A, attached hereto; and

WHEREAS, CONTRACTOR is willing and able to perform duties and render services which are determined by the Board of Supervisors to be necessary or appropriate for the welfare of residents of County; and

WHEREAS, COUNTY desires that such duties and services be provided by CONTRACTOR, and CONTRACTOR agrees to perform such duties and render such services, as more particularly set forth below:

NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED as follows:

1. Attached hereto, marked Exhibit A, and by this reference made a part hereof, is a description of the duties and services to be performed for COUNTY by CONTRACTOR, and CONTRACTOR agrees to comply with all provisions, to perform all work, and to provide all such duties and services set forth in Exhibit A in a professional and diligent manner.

2. COUNTY has allocated the sum of$81,154 to be expended as described in this contract. Unless an amendment to this contract otherwise provides, that amount shall in no event be exceeded by CONTRACTOR, and COUNTY shall under no circumstances be required to pay in excess of that amount. Payment shall be made pursuant to the terms and conditions set forth in Exhibit ~,

attached hereto and by this reference made a part hereof. Sums not so paid shall be retained by COUNTY.

3. The term of this contract begins on the ~ day of March, 2010 and ends on the 31 51 day of May, 2011.

4. CONTRACTOR shall maintain on a current basis standard financial and administrative records regarding the verification of tenant incomes and household composition, determination of rental subsidy amounts and inspections and approvals of properties pursuant to ,Housing Quality Standards and other HUD guidelines, including-source documents supporting accounting transactions, eligibility and occupancy records as may be applicable, and related documents and records to assure proper accounting of funds and performance of this contract in accordance with instructions provided and to be provided by COUNTY. All records are to be maintained for a period of at least three years. CONTRACTOR shall comply with all such instructions. CONTRACTOR will cooperate with COUNTY in the preparation of, and will furnish any and all information required for reports to be prepared by COUNTY as may be required by the rules,

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regulations, or requirements of COUNTY or of any other government entity. To the extent permitted by law, CONTRACTOR will also permit access to all books, accounts, or records of any kind to COUNTY or to any other governmental entity for purposes of audit or investigation, in order to ascertain compliance with the provisions of this contract.

5. CONTRACTOR shall maintain, at all times during the term of this contract, the insurance and bonding documentation described in Exhibit £ to this contract, and shall comply with all other requirements set forth in that Exhibit.

6. HOLD HARMLESS/INDEMNIFICATION: To the fullest extent permitted by law, CONTRACTOR shall hold harmless, defend and indemnify the COUNTY, its Board of Supervisors, officers, employees and agents (collectively "Indemnitees") from and against any and all claims, losses, damages, liabilities or expenses, including reasonable attorney fees, incurred in the defense thereof, for the death or injury to any person or persons (including employees of CONTRACTOR OR COUNTY) or damage of any property (including property of CONTRACTOR or COUNTY) which arises out of or is any way connected with the performance of this agreement (collectively "Liabilities") except where such Liabilities are proximately caused solely by the negligence or willful misconduct of any Indemnitee.

7. COUNTY shall make at least one program evaluation during the term of this contract. COUNTY, with prior written notice of 14 days to contractor, may at any time during the term of this contract conduct an evaluation of the program. Said evaluation shall cover both objectives and program of CONTRACTOR. CONTRACTOR shall maintain and retain records with respect to such objectives, program, and evaluations, and shall cooperate with COUNTY in making these or any other evaluation reports; CONTRACTOR shall permit access by COUNTY to the premises, shall furnish all information requested by COUNTY, and shall afford COUNTY access to all such records ofCONTRACTOR.

8. CONTRACTOR shall not claim reimbursement from COUNTY for (or apply sums received from COUNTY) with respect to that portion of its obligations which has been paid by another source of revenue. However, unrestricted or undesignated private charitable donations and contributions shall not be considered revenue applicable to this contract. CONTRACTOR has total freedom in planning for the usage of such resources in expanding and enriching programs, or in providing for such other operating contingencies as it may desire. Sums received as a result of applications for funds from public or private organizations shall be considered such revenue insofar as such sums are or can be applied to the work to be performed by contractor pursuant to this contract. Nothing herein shall be deemed to prohibit CONTRACTOR from contracting with more than one entity to perform additional work similar to or the same as that herein contracted for.

9. None of the work to be performed by CONTRACTOR shall be subcontracted without the prior written consent of COUNTY. CONTRACTORshall be as fully responsible to COUNTY for the acts and omissions of any subcontractors, and of persons either directly or indirectly employed by them, as CONTRACTOR is for the acts and omissions ofpersons directly employed by CONTRACTOR. CONTRACTOR shall not transfer any interest in this contract (whether by assignment or novation) without the prior written approval of COUNTY. No party shall, on the basis ofthis contract, in any way contract on behalf of, or in the name of, the other party to the contract, and any attempted violation of the provisions of this sentence shall confer no rights, and shall be void.

10. Neither the CONTRACTOR nor any of its employees shall by virtue ofthis contract be an employee of COUNTY for any purpose whatsoever, nor shall it or they be entitled to any ofthe rights, privileges, or benefits of COUNTY employees. CONTRACTOR shall be deemed at all times an independent contractor and shall be wholly responsible for the manner in which it performs the services required of it by the terms of this contract. CONTRACTOR assumes

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exclusively the responsibility for the acts of its employees as they relate to the services to be provided during the course and scope of their employment.

11. CONTRACTOR agrees to maintain the confidentiality of any information which may be obtained with this work. COUNTY shall respect the confidentiality of information furnished by CONTRACTOR to COUNTY.

12. If, through any cause, CONTRACTOR shall fail to fulfill in timely and proper manner its obligations under this contract, or if CONTRACTOR shall violate any of the covenants, agreements, or stipulations of this contract, COUNTY shall thereupon have the right to terminate this contract by giving written notice to CONTRACTOR of such termination and specifying the effective date of such termination. Without prejudice to the foregoing, CONTRACTOR agrees that if, prior to the termination or expiration of this contract, upon any final or interim audit by COUNTY, COUNTY finds that Contract has failed to fulfill its obligations under this contract in a timely and proper manner, that CONTRACTOR shall forthwith bring itself into compliance and shall pay to COUNTY forthwith whatever sums are so disclosed to be due to COUNTY (or shall, at COUNTY's election, permit COUNTY to deduct such sums from whatever amount remains undisbursed by COUNTY to CONTRACTOR pursuant to this contract); ifthis contract shall have terminated or expired, and it shall be disclosed upon such audit, or otherwise, that such failure shall have occurred, the CONTRACTOR shall pay to COUNTY forthwith whatever sums are so disclosed to, or determined by, COUNTY to be due to COUNTY, or shall, at COUNTY's election, permit the COUNTY to deduct such sums from whatever amounts remain undistributed by COUNTY to CONTRACTOR pursuant to this or any other contract between the COUNTY and CONTRACTOR. Anything in this contract to the contrary notwithstanding, COUNTY or CONTRACTOR shall have the right to terminate this contract with or without cause at any time upon giving at least 30 days' written notice prior to the effective date of such termination.

13. CONTRACTOR shall comply with all applicable laws, ordinances, and codes ofFederal, State and local governments, in performing any of the work embraced by this contract. This shall include obtaining any licenses, permits or waivers necessary to legally own or operate any facility or perform any work or service covered by this contract.

14. CONTRACTOR shall retain the property acquired with funds under this contract as long as there is a need for the property to accomplish the purpose of the program whether or not the program continues to be supported by COUNTY funds. For disposition of property having a useful life of more than one year and an acquisition cost of$5,000 or more per unit, CONTRACTOR shall request disposition instructions from COUNTY. All personal property acquired with funds pursuant to this contract shall be acquired in compliance with Federal Management Circular 74-7, Attachment N - Property Management Standards.

15. COUNTY shall assign a liaison to CONTRACTOR with respect to the performance of this contract. In the event that a budget is one ofthe Exhibits to this contract, and if any adjustment in the line items in that budget is requested by CONTRACTOR, such adjustment may be made upon receipt by CONTRACTOR of the written approval of the liaison. Such budget adjustment shall not alter (1) the basic scope of services or other performance to be provided under this contract, (2) the time ofperformance ofany act hereunder, or (3) the total amount of money allocated hereunder.

16. CONTRACTOR agrees to comply with all requirements which are now, or which may hereafter be, imposed by the Supportive Housing Program and HUD, as well as such requirements as may be imposed by COUNTY. This includes, but is not limited to: 24 CFR Part 583 (Supportive Housing Program); 24 CFR part 85 (OMB Circulars A-102, A-87, A-IIO and A-I22); 24 CFR part 87, anti­lobbying requirements, 24 CFR part 24, debarred or suspended contractors; and 24 CFR part 35, and the Lead-based Paint Poisoning Prevention Act. No persons shall be displaced as a result of a project funded under this agreement. CONTRACTOR agrees that it will not use funds received

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pursuant to this agreement, either directly or indirectly, as a contribution in order to obtain any Federal funds under any Federal programs without prior written approval of COUNTY. Further, CONTRACTOR agrees that upon the return of any funds granted, loaned, or otherwise distributed by the CONTRACTOR that COUNTY paid to CONTRACTOR under this contract, or the receipt of any funds by the CONTRACTOR as a direct result of any funds granted, loaned, or otherwi~e

distributed by the CONTRACTOR that COUNTY paid to CONTRACTOR under this contract, CONTRACTOR shall return the funds to COUNTY, unless COUNTY otherwise directs in writing.

17. CONTRACTOR agrees that no person in the United States shall, on the grounds of race, color, religion, national origin, sex, sexual orientation, handicap, ancestry, or age be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available to CONTRACTOR by COUNTY pursuant to this contract.

18. CONTRACTOR shall submit all claims for reimbursement under the contract within thirty (30) days after the ending date of the contract. All claims submitted after thirty (30) days following the ending date of this contract will not be subject to reimbursement by the COUNTY. Any "obligations incurred" included in claims for reimbursements and paid by the COUNTY which remain unpaid by the CONTRACTOR after thirty (30) days following the ending date ofthe contract will be disallowed under audit by the COUNTY.

19. CONTRACTOR and COUNTY recognize that unforeseen events may cause significant increases in the costs to be borne by CONTRACTOR in rendering services hereunder and in otherwise performing this contract. If the Board of Supervisors determines that the CONTRACTOR has incurred unforeseen significant costs, which, ifnot paid, will interfere substantially with CONTRACTOR's performance hereunder, and reimbursement thereof is necessary in order to prevent undue hardship to the recipient$ of CONTRACTOR's services, this contract may be amended.

20. CONTRACTOR shall not, during the term of this contract, without obtaining the written consent of COUNTY, permit any member of the governing board of the CONTRACTOR to perform for compensation any administrative or operational functions for the CONTRACTOR with respect to the performance of this contract (including, but not by way of limitation, fiscal, accounting, or bookkeeping functions). Such consent shall be obtained in writing by CONTRACTOR from the CONTRACTOR's liaison with COUNTY. The liaison may consent if the liaison determines such performance to be fair or reasonable. Should the liaison refuse to consent within three weeks of receipt of the request therefore, then CONTRACTOR either shall comply with the liaison's decision, or shall file a letter with the Clerk of the Board of Supervisors protesting the liaison's decision. In that event, the performance of such functions may continue until the Board of Supervisors has decided the matter. The CONTRACTOR shall comply with such Board decision. CONTRACTOR shall not, during the term of this contract, with respect to the performance of this contract, without having promptly disclosed the same to COUNTY in writing:

a. Employ any person who is related by blood or marriage to another employee, a manager, or a member of the governing board of the CONTRACTOR; or

b. Contract for the acquisition of goods or services for more consideration that would be paid for equivalent goods or services on the open market from any person who is related by blood or marriage to a manager or a member of the governing board of the CONTRACTOR; or

c. Contract for the acquisition of goods or services for more consideration than would be paid for equivalent goods or services on the open market from any organization in which any person who is related by blood or marriage to a manager or member of the governing board ofthe CONTRACTOR has a substantial personal financial interest.

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Such disclosure shall be in writing and addressed to the CONTRACTOR's liaison with COUNTY; should said liaison object to such employment or contracting in writing to the CONTRACTOR within three weeks of receipt of the disclosure, then CONTRACTOR either shall not permit such employment or contracting as so disclosed, or shall file a letter with the Clerk of the Board of Supervisors protesting the liaison's decision. In that event said employment or contracting may continue until the Board of Supervisors has decided the matter. The CONTRACTOR shall comply with such Board decision. CONTRACTOR shall not during the term of this contract, permit any member ofthe governing board of the CONTRACTOR to have or acquire, directly or indirectly, any personal financial interest in the performance of the contract, as by providing goods or services for compensation, or otherwise, without having first disclosed the same to the board, and said member shall not participate in board discussion or action on any such matter.

21. EQUAL EMPLOYMENT OPPORTUNITY PRACTICES PROVISIONS: CONTRACTOR assures that it will comply with Title VII ofthe Civil Rights Act of 1964 and that no person shall, on the grounds of race, creed, color, disability, sex, sexual orientation, national origin, age, relation, Vietnam era Veteran=s status, political affiliation, or any other non-merit factor, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this contract.

A. CONTRACTOR shall, in all solicitation or advertisements for applicants for employment placed as a result ofthis contract, state that it is an A Equal Opportunity Employer@ or that all qualified applicants will receive consideration for employment without regard to their race, creed, color, disability, sex, sexual orientation, national origin, age, religion, Vietnam era Veteran=s status, political affiliation, or any other non-merit factor.

B. CONTRACTOR shall, if requested to do so by the COUNTY, certify that it has not, in the performance of this contract, discriminated against applicants or employees because of their race, creed, color, disability, sex, sexual orientation, national origin, age, religion, Vietnam era Veteran=s status, political affiliation, or any other non-merit factor.

C. If requested to do so by the COUNTY, CONTRACTOR shall provide the COUNTY with access to copies of all of its records pertaining or relating to its employment practices, except to the extent such records or portions of such records are confidential or privileged under state or federal law.

D. CONTRACTOR shall recruit vigorously and encourage minority- and women-owned businesses to bid its subcontracts.

E. Nothing contained in this contract shall be construed in any manner so as to require or permit any act which is prohibited by law.

F. The CONTRACTOR shall include the provisions set forth in paragraphs A through E (above) in each of its subcontracts.

CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the awarding authority setting forth the provision of this Equal Employment Opportunity Practices Provisions clause.

22. CONTRACTOR and CONTRACTOR's employees shall comply with the COUNTY's policy of maintaining a drug-free work place and with the requirements of the Drug-free Workplace Act of 1988 and 24 CFR part 24 subpart F. Neither CONTRACTOR nor CONTRACTOR's employees shall unlawfully manufacture, distribute, dispense, possess or use controlled substances, as defined in 21 U.S. code Section 812, including marijuana, heroin, cocaine, and amphetamines, at any.

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COUNTY facility or work site. If CONTRACTOR or any employee of CONTRACTOR is convicted or pleads nolo contendere to a criminal drug statute violation occurring at a COUNTY facility or work site, the CONTRACTOR within five days thereafter shall notify the head ofthe COUNTY department/agency for which the contract services are performed. Violation ofthis provision shall constitute a material breach ofthis agreement.

23. CONTRACTOR agrees to comply with the requirements ofthe RUD's Section 3 Employment Opportunities for Low-Income Residents Requirements as applicable, attached hereto as Exhibit E.

24. This contract can be amended only by written agreement ofthe parties hereto.

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IN WITNESS WHEREOF, the parties hereto have executed this contract in triplicate on the day first mentioned above.

COUNTY OF ALAMEDA CONTRACTOR

By: _ TRI-VALLEY HAYEN President Contractor Board ofSupervisors

P.O. Box 2190 Street Address

Approved as to Form: Richard E. Winnie Livermore. CA 94550 County Counsel City, State, Zip Code

"

By: dd<e-.-~- By: ~~,_ Andrea Weddle Ann King,~Director Senior Deputy County Counsel

94-2462357 Taxpayer Identification #

By signing above, signatory warrants and represents that he/she executed this Agreement in hislber authorized capacity and that by hislher signature OIl this Agreement, he/she or the entity upon behalfof which he/she acted, executed this Agreement.

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EXlDBIT A SCOPE OF WORK/ACTIVITIES

BETWEEN ALAMEDA COUNTY HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT

AND TRI-VALLEY HAVEN

For Services Provided March 1,2010 THROUGH February 28,2011

The CONTRACTOR will provide the following services to Linkages participants, as finally detennined by COUNTY, upon direction of the COUNTY to begin services:

1. To outreach to families with children living on the stre~ts or places otherwise not intended for human habitation, including victims of domestic violence or abuse. Using existing resources, these families will initially be placed into the shelter.

a. The shelter and service providers will work with the Leasing Coordinator to utilize proven existing street outreach methods, as well as conducting outreach at existing, appropriate points of contact in the community.

b. Case managers will work with homeless families as they enter the shelter to assess their eligibility for the Alameda County Housing-Jobs Linkages Program and other support services.

2. To conduct individual assessments ofparticipant families for the purpose of stabilizing their living situations and toward the creation of Individual Service Plans.

The ultimate goals of the Individualized Service Plans are to assist participants in obtaining and/or remaining in permanent housing; to increase life skills and/or income ofparticipants; and to help participants achieve greater self-detennination.

a. Case Managers assess each family's situation, both financially and personally, to determine their ability to commit to and succeed in a self-sufficiency program which leads to sustainable employment and permanent housing.

b. An initial assessment is conducted with the participant family to generate ·an Individualized Service Plan.

c. Case Managers work with other resource teams, including the Leasing Coordinator to begin assembling the range of resources required to stabilize the family's living situation.

d. Case Managers work with resource teams and the Leasing Coordinator to map a strategy for successfully moving participant families into transitional housing, as well as accessing the self­sufficiency/employment portion of the Linkages Program.

e. The participant family is formally enrolled into the Alameda County Housing/Jobs Linkages Program.

3. To provide Case Management Services to participant families in order to facilitate their progress from homelessness to stability and ev~ntually self-sufficiency.

a. Case Manager develops and periodically updates, with client partICIpation, a long-term, Individualized Services Plan covering goals related to housing, job training/placement, budgeting and family life skills and stabilization needs.

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b. Case Manager maintains up-to-date family participant information and service records on a computerized database and generates reports for funding sources, monitoring and evaluation purposes.

c. Case Manager shares client information with counselors at other programs serving common clients, on a confidential basis and with prior client approval, to facilitate the client's progress, including the Alameda County Housing/Jobs Linkages Program Leasing Coordinator.

d. Case Manager makes regular home visits with client families, after outplacement, to prevent reversion to homelessness.

4. To provide supportive services which are designed to address the individual, special needs of the homeless families to be served.

a. Provision of safe and secure short-term emergency shelter.

b. Work with participant families to ensure timely access. to public assistance and income entitlement sources for which they are eligible.

c. Work with client service staff at health and human service programs, job training programs, and affordable housing programs, to make referrals and secure needed services and support.

d. Wark with affordable housing coordinators at other programs to find and obtain leased housing and eventually to secure unsubsidized permanent housing.

5. Case Manager will work with participants to address employment needs.

a. Conduct an employment readiness assessment and develop an Individual Employment Plan for each participant in the program. This plan will be coordinated with the participant's Individual Self-Sufficiency Plan.

b. Monitor progress on participant Individual Employment Plans. Plans will be reviewed with the participant as often as necessary but no less frequently than quarterly.

c. Provide or connect participants with resources for employment services including employment assessment, job search skills, resume preparation, work environments orientation such as standards for attendance, behavior and dress, Internet access, online resources for job search, transportation and specialized tools, equipment, clothing, childcare or other support necessary to take part in training or employment.

d. Make referrals as appropriate to other job training, placement and job development agencies and follow-up on referrals to ensure that participants receive the services.

e. Provide support to participants who become employed through individual and group support, continued training opportunities, referrals and other activities as necessary.

6. Each LINKAGES agency shall be responsible for recruiting and working with a minimum of eight families by the end of this contract period.

7. COUNTY shall have all of the responsibilities for implementation and program oversight as specified in its application to HUD for the FY2009 Housing/Jobs Linlalges Program and in the Housing/Jobs Linkages Grant Agreement as executed between COUNTY and the U.S. Department of Housing and Urban Development.

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EXHIBITB TERMS AND CONDITIONS FOR PAYMENT

1. COUNTY will pay CONTRACTOR up to $81,154 beginning March 1, 2010 and ending February 28, 2011 for services in accordance with the scope of work in Exhibit A and the attached Program Budget, in accordance with the conditions set forth below. CONTRACTOR shall submit monthly invoices no more than monthly including supporting documentation for costs invoiced. Invoices shall be reviewed by the liaison assigned to monitor this Contract and shall be approved by the Community Development Agency Director or his designee.

2. Total payment under the terms of this agreement shall not exceed $81,154. These funds must cover all costs to the CONTRACTOR ofproviding or contracting for services, as no additional funds will be made available to reimburse expenses incurred in completing the Scope of Work described in Exhibit A.

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EXIllBITB

TRI-VALLEY HAVEN

PROGRAM BUDGET

For Services Provided March 1,2010 through February 28,2011

Salaries Case Manager 95% FTE Case Manager 95% FTE Subtotal

$32,485 $30,628

$63,113

Benefits - Case Managers $16,557

Mileage $1,200

Program Office Expense $284

TOTAL $81,154

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EXHIBITC COUNTY OF ALAMEDA MINIMUM INSURANCE REQUIREMENTS

Wrthout limiting any other obligation or liability under this Agreement, the Contractor, at ns sole cost and expense, shall secure and keep in force during the entire term of the Agreement or longer, as may be specified below, the following insurance coverage, limits and endorsements:

,_ - - - - __ r _ _ __ _ __ _ .,. , ., •• o ro. _0 •• _·_.' _. -,-"~

--'''J-, 0)' I' '1'1" \" J'" _\,/OJ',' \'1"- ;rl[jl[ILI~lrl'jlrl'r.:-··I ,-,_ '~'::;f.. '~': ..... =-,~~ .. ,"~ ~ ~_~ . ~~~'i~.~~~~?U~t4~~~ _.~~_~~ __ .~ :...:-J

A Commercial General Liability

Premises Liability; Products and Completed Operations; Contractual Liability; Personal Injury and Advertising Liability, Abuse, Molestation, Sexual Actions, and Assault and Battery

$1,000,000 per occurrence (CSL)

Bodily Injury and Property Damage

B Commercial or Business Automobile Liability

All owned vehicles, hired or leased vehicles, non-owned, borrowed and permissive uses, Personal Automobile Liability is acceptable for individual contractors with no transportation or hauling related activities

$1,000,000 per occurrence (CSL)

Any Auto

Bodily Injury and Property Damage

C Workers' Compensation (WC) and Employers Liability (EL)

Required for all contractors with employees

WC: Statutory Limits

EL: $100,000 per accident for bodily injury or disease

o Professional LiabilitylErrors and Omissions

Includes endorsements of contractual liability

$1,000,000 per occurrence

$2,000,000 aggregate

E Directors and Officers Liability

Including Employment Practices Liability

$1,000,000 per occurrence

F Employee Dishonesty (ED) and Crime (C)

(ED) Required only if a significant amount of funding is advanced to contractor.

(C) Required only if contractor keeps significant sums of money at premises

(ED) Minimum of 75% of the Funding

(C) Minimum daily amount kept on premises

G Endorsements and Conditions:

1. ADDITIONAL INSURED: General Liability, Automobile Liability, and Directors and Officers Liability Insurance Policies shall be endorsed to name as additional insured: County of Alameda, its Board of Supervisors, the individual members thereof, and all County officers, agents, employees and volunteers. Employee Dishonesty and Crime Insurance Policy shall be endorsed to name as Loss Payee (as interest may arise): County of Alameda, its Board of Supervisors, the individual members thereof, and all County officers, agents, employees and volunteers.

2. DURATION OF COVERAGE: All required insurance shall be maintained during the entire term of the Agreement with the following exception: Insurance policies and coverage(s) written on aclaims-made basis shall be maintained during the entire term of the Agreement and until 3years following termination and acceptance of all work provided under the Agreement, with the retroactive date of said insurance (as may be applicable) concurrent with the commencement of activities pursuant to this Agreement.

3. REDUCTION OR LIMIT OF OBLIGATION: All insurance policies shall be primary insurance to any insurance available to the Indemnified Parties and Additionallnsured(s). Pursuant to the provisions of this Agreement, insurance procured by the Contractor shall not reduce or limit Contractor's contractual obligation to indemnify and defend the Indemnified Parties.

4. INSURER FINANCIAL RATING: Insurance shall be maintained through an insurer with aA.M. Best Rating of no less than A: VII or equivalent, shall be admitted to the State of California unless otherwise waived by Risk Management, and with deductible amounts acceptable to the County, Acceptance of Contractor's insurance by County shall not relieve or decrease the liability of Contractor hereunder. Any deductible or self-insured retention amount or other similar obligation under the policies shall be the sole responsibility of the Contractor.

5. SUBCONTRACTORS: Contractor shall include all subcontractors as an insured (covered party) under its policies or shall fumish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.

6. JOINT VENTURES: If Contractor is an association, partnership or other joint business venture, required insurance shall be provided by anyone of the following methods: . - Separate insurance policies issued for each individual entity, with each entity included as a"Named Insured (covered party), or at minimum

named as an "Additional Insured" on the other's policies. - Joint insurance program with the association, partnership or other joint business venture included as a"Named Insured.

7. CANCELLATION OF INSURANCE: All required insurance shall be endorsed to provide thirty (30) days advance written notice to the County of cancellation.

8. CERTIFICATE OF INSURANCE: Before commencing operations under this Agreement, Contractor shall provide Certificate(s) of Insurance and applicable insurance endorsements, in form and satisfactory to County, evidencing that all required insurance coverage is in effect. The County reserves the rights to require the Contractor to provide complete, certified copies of all required insurance policies. The require certificate(s) and endorsements must be sent to:

- DepartmenVAgency issuing the contract - With acopy to Risk Management Unit (125 -12th Street, 3rd Roar, Oakland, CA 94607)

Certificate C-4d Form 2001-1 (Rev. 03115/06)

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DATE (MM/DDNYYY)

ACDRIl. CERTIFICATE OF LIABILITY INSURANCE I 1/29/2010 PRODUCER \ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION

ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATEJEFFREY STEPHENS INSURANCE SVCS HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1010 B St #423 San Rafael, CA 94901 1415l456-4323

INSURED Tri-Valley Haven for Women

P.O. Box 2190 Livermore, CA 94551 1925-449-5845

I ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.

INSURERS AFFORDING COVERAGE NAIC# INSURER A:. Nonprofi ts' Insurance Alliance of California

INSURER B: The Hartford Fire Insurance Company

INSURER C:

INSURER 0:

INSURER E:

COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

INSR ~'L

LlR NSRD POLICY NUMBER LIMITSP8kt~';~~?Nb~Y€i~b5~ETYPE OF INSURANCE

~ERAl LIABILITY EACH OCCURRENCE $ 1 000.000 COMMERCIAl GENERAl LIABILITY ~~;S'Es lEa occurence\ $ 500 000

~[J ClAIMSMADE [i] OCCUR MED EXP (Anyone person) $ 20.000>-­01/30/11 PERSONAl & ADV INJURY A X 03720 01/30/10 $ 1.000.000

eX Professional ~

GENERAl AGGREGATE $ 3 000 000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OPAGG $ 3.000 000n PROh nPOLICY JECr- LOC

~OMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000ANYAUTO

~

eX AlL OWNED AUTOS BODILY INJURY $(Per person) eX SCHEDULED AUTOS

HIRED AUTOSXA 03720 01/30/10 01/30/11~ BODILY INJURY $(Peraccidenl)eX NON-QWNED AlITOS

PROPERTY DAMAGE>-­ $(Peraccident)

AUTO ONLY - EAACCIDENT $RGE LIABILITY

ANYAUTO EAACC $OTHER THAN AUTO ONLY: $AGG

EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ 1.000.000til OCCUR CI CLAIMS MADE

RAGGREGATE $ 1 000 000

03720 $01/30/10 01/30/11 XA DEDUCTIBLE $

RETENTION $ $

10)"H.'MlRKERS COMPENSATION AND I-ro~~mJNs I EREMPLOYERS' LIABILITY

$E.l. EACH ACCIDENTANY PROPRIETORJPARlNERlEXECUTIVE OFFICERIMEMBER EXCLUDED?

E.l. DISEASE - EA EMPLOYE $ lIyes, describe under SPECiAl PROVISIONS below E.l. DISEASE - POLICY LIMIT S

B I OTHER Emp.D1snonesty 57BDDCY5848 06/15/10 06/15/11 Limit $150,000 A Imp.Sex Conduct 03720 01/30/10 01/30/11 Limit $500,000 A I Directors & Officers 03720 01/30/10 01/30/11 Limit f.~l, 000,000

l1ESCRIPTION OF OPERATIONS ILOCATIONS IVEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS c.::'-f--'·-~··

Alameda County,its Board of Supervisors, officers, agents, employees, and:, volunteers are named as an additional insured as respects the operations;" of the named insured. I •

'" ' .

CG2026 10 dav cancellation for nOn'Davment of nremiiun CERTIFICATE HOLDER

Alameda County Community Development Agency Housing & Community Devel. Dept. 224 W. Winton, Room 108 Hayward,' CA 94544 Attn: Flora Shek

ACORD25(2001/08)

CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLI'O BEFORE THE EXPIRATION

DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL30 DAYS WRITTEN

NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHAlL

IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR

REPRESENTATIVES.

AUTHO'iZE E

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POLICYHOLDER COPY < '> ,> , :r~r*1fttl

STATE COMPENSATION P.O. BOX 420807, SAN FRANCISCO,CA 94142-0807 INSURANCE

I=UNO CERTIFICATE OF WORKERS' COMPENSATION INSURANCE

ISSUE DATE: 04-01-2010 'GROUP: 000488 POLICY NUMBER: 0000712-2010 lJERTIFICATE 10: 31 CERTIFICATE EXPIRES: 04-01-2011

~()4~01-2010/04~01-2011

ALAMEDA COUNTY COMMUNITY DEVELOPMENT NB ~NCV ~OUSIHG & COMMUNITY DEVEL DEPT 224 WWINTON AVE STE 108 HAYWARD CA 94544-1221

1f'his is to certify that we have issued a valid Worhrs' Compensation insurance polley in a form approved bV the California Insurance Commissioner to the employer named below for the policy period indicated.

This POlicy is not sUbject to Clincellation by the Fund except upon 30 days advance written notice to the employer.

We will also ,give you 30 days adv,nce notice should this policy be cancelled prior to lts normal expirlltlon.

1'his .;:ertificate' of insurance is not an insurance policy and does not amend, extend or alter the coverllge afforded .by. the policy listed herein. Notwithstanding any requirement., term or condition o.t ..,y contract or other document with re$pect to which this certificate of insurance may be issued or to Which it may pertain. the i'nsuranee afforded bY the ~OliCY described herein is subject to all the terms. exclusions. and conditions. of such policy.

Interim President and CEO,; ",0'""" R."~ EMPLOYER'S LIABILITY LIMIT INcLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE.

ENDORSEMENThoB5 ENTITLED CERTIFICATE HOLDERS I NQTtCE EFFECTIVE 04-01-2004 IS A'rTAafEP TO AND FORMS A PART QF THIS PDLICV.

EMPlOYER

IRI VALLey HAVEN HIS ~663PACIFIC AVE LIVERMORE CA 94550

M0410 .PRINTED 03-17-2010

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EXlDBITD COUNTY OF ALAMEDA

DEBARMENT AND SUSPENSION CERTIftCATION For Proturements Over $25,000

The contractor, under penalty ofperjury, certifies that, except as noted below, contractor, its principles, and any named 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.

Ifthere are any exceptions to this certification, insert the exceptions in the following space.

Exceptions will not necessary result in denial ofaward, but will be considered in determining contractor responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates ofaction.

Notes: Providing false infonnation may result in criminal prosecution or administrative sanctions. The above certification is part ofthe Standard Services Agreement. Signing this Standard Services Agreement on the signature portion thereof shall also constitute signature ofthis Certification.

CONlRACTOR: TRI-VALLEY HAVEN

PRINCIPAL: :.:ANN:....:..:..:...:.:KIN=.=G::<.- TITLE: EXECUTIVE DIRECTOR

SlGNATIJRE: ~ DATE: _J/i'""'-'0.=..D--'-I,D=--__

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EXllIBITE

ALAMEDA COUNTY AFFIRMATIVE ACTION PLAN UNDER SECTION 3 OF THE HOUSING AND URBAN DEVELOPMENT ACT OF 1968

PURPOSE

To insure that to the greatest extent feasible, projects financed by the Alameda County Housing and Community Development Program provide business and employment opportunities for businesses in the Alameda County project areas funded by Supportive Housing Program (SHP).

In all contracts for work in connection with a Community Development project, the following clause (referred to as the Section 3 Clause), will be included:

1. The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HOD assistance for housing.

2. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations.

3. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreem~nt or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, availability of apprenticeship and training positions, the qualifications for each; and the name and location ofthe person(s) taking applications for each of the positions; and the anticipated date the work shall begin.

4. The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate actions, as provided in an applicable provision of the subcontract orin this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135.

5. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but not before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 135.

6. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts.

7. With respect to work performed in connection with section 3 covered Indian housing assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.c. 405e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest

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extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to

. the provisions of section 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation ofcompliance with section 7(b).

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SECTION 3 EMPLOYMENT PLAN

NAME OF CONTRACTOR: TRI-VALLEY HAVEN

Services to be provided: Support services to homeless persons and their families who are enrolled in the Alameda County Housing/Jobs Linkages Program.

Contract Amount: S81,154

D Contract amount does not exceed Section 3 dollar threshold. Section 3 requirements do not apply.

IxxIContract does not include housing rehabilitation, housing construction or other public construction. Section 3 requirements do not apply.

D Section 3 requirements QQ apply. Contractor has been notified of Section 3 requirements and has completed the anticipated work force analysis below.

The following work force is anticipated to be necessary to satisfactorily complete this work:

Job Classifications Existing Work Force Anticipated New Hires

CON1RACTOR agrees to undertake a good faith effort to comply with all ofthe provisions ofSection of the Housing and Urban Development Act of 1968.

TRI-VALLEY HAVEN Contractor

Ann%b-ve-D=-=-irect-o-r-----­

lfIJ3/IO Date

HCD\Homeless\SHP\Linkages\FY09\fys 1VH 09 Renewal Contract 4931

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", "

Contract Reference No.: ~

CONTRACT BY AND BETWEEN

ABODE SERVICES (FORMERLY TRI-CITY HOMELESS COALITION) AND

THE COUNTY OF ALAMEDA

TIllS AGREEMENT, made and entered into this 1- day ofMu.. 2Q.1O by and between COUNTY OF ALAMEDA, a body corporate and politic of the State of California, hereinafter referred to as "COUNTY" and ABODE SERVICES (formerly Tri-City Homeless CoaIitioO>, hereinafter referred to &8 "CONTRACTOIr'.

WITNESSETH:

WHEREAS, COUNTY h88 received funding from the U.S. Department of Housing and Urban Development under the Supportive Housing Program and HOME for Fiscal Year ~ and

WHEREAS, COUNTY is desirous ofcontracting with CONTRACTOR for the provision of certain services, a description of which are presented in Exhibit At attached hereto; and

WHEREAS, CONTRACTOR is willing and able to perform duties and render services which are determined by the Board of Supervisors to be necessary or appropriate for the welfare of residents of County; 8Ild

WHEREAS, COUNTY desires that such duties and services be provided by CONTRACTOR, and CONTRACTOR agrees to perform such duties and render such services, as more particularly set forth below:

NOW, THEREFORE, IT IS HEREBY MUTUAlLY AGREED as follows:

1. Attached hereto, marked Exhibit A, and by this reference made a part hereof, is a descriptiOn of the duties and selVices to be performed for COUNTY by CONTRACTOR, and CONTRACTOR agrees to comply with all provisions, to perform all work, and to provide all such duties and services set forth in Exhibit A in a professional and diligent manner.

2. COUNTY has allocated the sum of $582.199 to be expended 88 described in this contract. Unless an amendment to this contract otherwise provides, that amount shall in no event be exceeded by CONTRACTOR, and COUNTY shall under no circumstances be required to pay in excess of that amount. Payment shall be made pursuant to the terms and conditions set forth in Exhibit B, attached hereto and by this reference made a part hereof. Sums not 80 paid shall be retained by COUNTY.

3. The term of this contract begins on December 1, 2009 and ends on May 31, 2011.

4. CONTRACTOR shall maintain on a current basis standard financial and administrative records regarding the verification of tenant incomes and household composition, determination of rental subsidy amounts and inspections and approvals of properties pursuant to Housing Quality Standards and other HUn guidelines, inc1uding-source documents supporting accounting transactions, eligibility and occupancy records &8 may be applicable, and related documents and records to assure proper areounting of funds and performance of this contract in acconJance with instructions provided and to be provided by COUNTY. All records are to be

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maintained for a period of at least three years. CONTRACTOR shall comply with all such instructions. CONTRACTOR will cooperate with COUNTY in the preparation of, and will furnish any and all information required for reports to be prepared by COUNTY as may be required by the rules, regulations, or requirements of COUNTY or of any other government entity. To the extent permitted by law, CONTRACTOR will also permit access to all books, accounts, or records of any kind to COUNTY or to any other governmental entity for purposes of audit or investigation, in order to ascertain compliance with the provisions of this contract.

5. CONTRACTOR shall maintain, at all times during the term of this contract, the insurance and bonding documentation described in Exhibit .Q to this contract, and shall comply with all other requirements set forth in that Exhibit.

6. HOLD HARMLESSIINDEMNIFICATION: To the fullest extent permitted by law, CONTRACTOR shall hold harmless, defend and indemnify the COUNTY, its Board of Supervisors, officers, employees and agents (collectively "Indemnitees") from and against any and all claims, losses, damages, liabilities or expenses, including reasonable attorney fees, incurred in the defense thereof, for the death or injury to any person or persons (including employees of CONTRACTOR OR COUNTY) or damage of any property <including property of CONTRACTOR or COUNTY) which arises out of or is any way connected with the performance of this agreement (collectively "Liabilities") except where such Liabilities are proximately caused solely by the negligence or willful misconduct of any Indemnitee.

7. COUNTY shall make at least one program evaluation during the term of this contract. COUNTY, with prior written notice of 14 days to contractor, may at any time during the term of this contract conduct an evaluation of the program. Said evaluation shall cover both objectives and program of CONTRACTOR. CONTRACTOR shall maintain and retain records with respect to such objectives, program, and evaluations, and shall cooperate with COUNTY in making these or any other evaluation reports; CONTRACTOR shall permit access by COUNTY to the premises, shall furnish all information requested by COUNTY, and shall afford COUNTY access to all such records of CONTRACTOR.

8. CONTRACTOR shall not claim reimbursement from COUNTY for (or apply sums received from COUNTY) with respect to that portion of its obligations which has been paid by another source ofrevenue. However, unrestricted or undesignated private charitable donations and contributions shall not be considered revenue applicable to this contract. CONTRACTOR has total freedom in planning for the usage of such resources in expanding and enriching programs, or in providing for such other operating contingencies as it may desire. Sums received as a result of applications for funds from public or private organizations shall be considered such revenue insofar as such sums are or can be applied to the work to be performed by contractor pursuant to this contract. Nothing herein shall be deemed to prohibit CONTRACTOR from contracting with more than one entity to perform additional work similar to or the same as that herein contracted for.

9. None of the work to be performed by CONTRACTOR shall be subcontracted without the prior written consent of COUNTY. CONTRACTOR shall be as fully responsible to COUNTY for the acts and omissions of any subcontractors, and of persons either directly or indirectly employed by them, as CONTRACTOR is for the acts and omissions of persons directly employed by CONTRACTOR. CONTRACTOR shall not transfer any interest in this contract {whether by assignment or novation} without the prior written approval of COUNTY. No party shall, on the basis of this contract, in any way contract on behalf of, or in the name of, the other party to the contract, and any attempted violation of the provisions of this sentence shall confer no rights, and

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shall be void.

10. Neither the CONTRACTOR nor any of its employees shall by virtue of this contract be an employee of COUNTY for any purpose whatsoever, nor shall it or they be entitled to any of the rights, privileges, or benefits of COUNTY employees. CONTRACTOR shall be deemed at all times an independent contractor and shall be wholly responsible for the manner in which it performs the services required of it by the terms of this contract. CONTRACTOR assumes exclusively the responsibility for the acts of its employees as they relate to the services to be provided during the course and scope of their employment.

11. CONTRACTOR agrees to maintain the confidentiality of any information which may be obtained with this work. COUNTY shall respect the confidentiality of information furnished by CONTRACTOR to COUNTY.

12. If, through any cause, CONTRACTOR shall fail to fulfill in timely and proper manner its obligations under this contract, or if CONTRACTOR shall violate any of the covenants, agreements, or stipulations of this contract, COUNTY shall thereupon have the right to terminate this contract by giving written notice to CONTRACTOR of such termination and specifying the effective date of such termination. Without prejudice to the foregoing, CONTRACTOR agrees that if, prior to the termination or expiration of this contract, upon any final or interim audit by COUNTY, COUNTY finds that Contract has failed to fulfill its obligations under this contract in a timely and proper manner, that CONTRACTOR shall forthwith bring itself into compliance and shall pay to COUNTY forthwith whatever sums are so disclosed to be due to COUNTY (or shall, at COUNTY's election, permit COUNTY to deduct such sums from whatever amount remains undisbursed by COUNTY to CONTRACTOR pursuant to this contract); if this contract shall have terminated or expired, and it shall be disclosed upon such audit, or otherwise, that such failure shall have occurred, the CONTRACTOR shall pay to COUNTY forthwith whatever sums are so disclosed to, or determined by, COUNTY to be due to COUNTY, or shall, at COUNTY's election, permit the COUNTY to deduct such sums from whatever amounts remain undistributed by COUNTY to CONTRACTOR pursuant to this or any other contract between the COUNTY and CONTRACTOR. Anything in this contract to the contrary notwithstanding, COUNTY or CONTRACTOR shall have the right to terminate this contract with or without cause at any time upon giving at least 30 days' written notice prior to the effective date of such termination.

13. CONTRACTOR shall comply with all applicable laws, ordinances, and codes of Federal, State and local governments, in performing any of the work embraced by this contract. This shall include obtaining any licenses, permits or waivers necessary to legally own or operate any facility or perform any work or service covered by this contract.

14. CONTRACTOR shall retain the property acquired with funds under this contract as long as there is a need for the property to accomplish the purpose of the program whether or not the program continues to be supported by COUNTY funds. For disposition of property having a useful life of more than one year and an acquisition cost of $5,000 or more per unit, CONTRACTOR shall request disposition instructions from COUNTY. All personal property acquired with funds pursuant to this contract shall be acquired in compliance with Federal Management Circular 74-7, Attachment N - Property Management Standards.

15. COUNTY shall assign a liaison to CONTRACTOR with respect to the performance of this contract. In the event that a budget is one of the Exhibits to this contract, and if any adjustment in the line items in that budget is requested by CONTRACTOR, such

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adjustment may be made upon receipt by CONTRACTOR of the written approval of the liaison. Such budget adjustment shall not alter (1) the basic scope of services or other performance to be provided under this contract, (2) the time of performance of any act hereunder, or (3) the total amount of money allocated hereunder.

16. CONTRACTOR agrees to comply with all requirements which are now, or which may hereafter be, imposed by the Supportive Housing Program and HUD, as well as such requirements as may be imposed by COUNTY. This includes, but is not limited to: 24 CFR Part 583 (Supportive Housing Program); 24 CFR part 85 (OMB Circulars A-102, A-87, A-nO and A-122); 24 CFR part 87, anti-lobbying requirements, 24 CFR part 24, debarred or suspended contractors; and 24 CFR part 35, and the Lead-based Paint Poisoning Prevention Act. No persons shall be displaced as a result of a project funded under this agreement. CONTRACTOR agrees that it will not use funds received pursuant to this agreement, either directly or indirectly, as a contribution in order to obtain any Federal funds under any Federal programs without prior written approval of COUNTY. Further, CONTRACTOR agrees that upon the return of any funds granted, loaned, or otherwise distributed by the CONTRACTOR that COUNTY paid to CONTRACTOR under this contract, or the receipt of any funds by the CONTRACTOR as a direct result of any funds granted, loaned, or otherwise distributed by the CONTRACTOR that COUNTY paid to CONTRACTOR under this contract, CONTRACTOR shall return the funds to COUNTY, unless COUNTY otherwise directs in writing.

17. CONTRACTOR agrees that no person in the United States shall, on the grounds of race, color, religion, national origin, sex, sexual orientation, handicap, ancestry, or age be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available to CONTRACTOR by COUNTY pursuant to this contract.

18. CONTRACTOR shall submit all claims for reimbursement under the contract within thirty (30) days after the ending date of the contract. All claims submitted after thirty (30) days following the ending date of this contract will not be subject to reimbursement by the COUNTY. Any "obligations incurred" included in claims for reimbursements and paid by the COUNTY which remain unpaid by the CONTRACTOR after thirty (30) days following the ending date of the contract will be disallowed under audit by the COUNTY.

19. CONTRACTOR and COUNTY recognize that unforeseen events may cause significant increases in the costs to be borne by CONTRACTOR in rendering services hereunder and in otherwise performing this contract. If the Board of Supervisors determines that the CONTRACTOR has incurred unforeseen significant costs, which, if not paid, will interfere substantially with CONTRACTOR's performance hereunder, and reimbursement thereof is necessary in order to prevent undue hardship to the recipients of CONTRACTOR's services, this contract may be amended.

20. CONTRACTOR shall not, during the term of this contract, without obtaining the written consent of COUNTY, permit any member of the governing board of the CONTRACTOR to perform for compensation any administrative or operational functions for the CONTRACTOR with respect to the performance of this contract (including, but not by way of limitation, fiscal, accounting, or bookkeeping functions). Such consent shall be obtained in writing by CONTRACTOR from the CONTRACTOR's liaison with COUNTY. The liaison may consent if the liaison determines such performance to be fair or reasonable. Should the liaison refuse to consent within three weeks of receipt of the request therefore, then CONTRACTOR either shall comply with the liaison's decision, or shall file a letter with the Clerk of the Board of Supervisors protesting the liaison's decision. In that event, the performance

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of such functions may continue until the Board of Supervisors has decided the matter. The CONTRACTOR shall comply with such Board decision. CONTRACTOR shall not, during the term of this contract, with respect to the performance of this contract, without having promptly disclosed the same to COUNTY in writing:

a. Employ any person who is related by blood or marriage to another employee, a manager, or a member of the governing board of the CONTRACTOR; or

b. Contract for the acquisition of goods or services for more consideration that would be paid for equivalent goods or services on the open market from any person who is related by blood or marriage to a manager or a member of the governing board of the CONTRACTOR; or

c. Contract for the acquisition of goods or services for more consideration than would be paid for equivalent goods or services on the open market from any organization in which any person who is related by blood or marriage to a manager or member of the governing board ofthe CONTRACTOR has a substantial personal financial interest.

Such disclosure shall be in writing and addressed to the CONTRACTOR's liaison with COUNTY; should said liaison object to such employment or contracting in writing to the CONTRACTOR within three weeks of receipt of the disclosure, then CONTRACTOR either shall not permit such employment or contracting as so disclosed, or shall file a letter with the Clerk of the Board of Supervisors protesting the liaison's decision. In that event said employment or contracting may continue until the Board of Supervisors has decided the matter. The CONTRACTOR shall comply with such Board decision. CONTRACTOR shall not during the term of this contract, permit any member of the governing board of the CONTRACTOR to have or acquire, directly or indirectly, any personal financial interest in the performance of the contract, as by providing goods or services for compensation, or otherwise, without having first disclosed the same to the board, and said member shall not participate in board discussion or action on any such matter.

21. EQUAL EMPLOYMENT OPPORTUNITY PRACTICES PROVISIONS: CONTRACTOR assures that it will comply with Title VII of the Civil Rights Act of 1964 and that no person shall, on the grounds of race, creed, color, disability, sex, sexual orientation, national origin, age, relation, Vietnam era Veterans status, political affiliation, or any other non-merit factor, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this contract.

A. CONTRACTOR shall, in all solicitation or advertisements for applicants for employment placed as a result of this contract, state that it is an Equal Opportunity Employer@ or that all qualified applicants will receive consideration for employment without regard to their race, creed, color, disability, sex, sexual orientation, national origin, age, religion, Vietnam era Veterans status, political affiliation, or any other non-merit Jactor.

B. CONTRACTOR shall, if requested to do so by the COUNTY, certify that it has not, in the performance of this contract, discriminated against applicants or employees because of their race, creed, color, disability, sex, sexual orientation, national origin, age, religion, Vietnam era Veteran=s status, political affiliation, or any other non-merit factor.

C. If requested to do so by the COUNTY, CONTRACTOR shall provide the COUNTY with access to copies of all of its records pertaining or relating to its

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employment practices, except to the extent such records or portions of such records are confidential or privileged under state or federal law.

D. CONTRACTOR shall recruit vigorously and encourage minority- and women­owned businesses to bid its subcontracts.

E. Nothing contained in this contract shall be construed in any manner so as to require or permit any act which is prohibited by law.

F. The CONTRACTOR shall include the provisions set forth in paragraphs A through E <above} in each of its subcontracts.

CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the awarding authority setting forth the provision of this Equal Employment Opportunity Practices Provisions clause.

22. CONTRACTOR and CONTRACTOR's employees shall comply with the COUNTY's policy of maintaining a drug-free work place and with the requirements of the Drug­free Workplace Act of 1988 and 24 CFR part 24 subpart F. Neither CONTRACTOR nor CONTRACTOR's employees shall unlawfully manufacture, distribute, dispense, possess or use controlled substances, as defined in 21 U.S. code Section 812, including marijuana, heroin, cocaine, and amphetamines, at any COUNTY facility or work site. IfCONTRACTOR or any employee of CONTRACTOR is convicted or pleads nolo contendere to a criminal drug statute violation occurring at a COUNTY facility or work site, the CONTRACTOR within five days the~eafter shall notify the head of the COUNTY departmentJagency for which the contract services are performed. Violation of this provision shall constitute a material breach of this agreement.

23. CONTRACTOR agrees to comply with the requirements of the RUD's Section 3 Employment Opportunities for Low-Income Residents Requirements as applicable, attached hereto as Exhibit Eo

24. This contract can be amended only by written agreement of the parties hereto.

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IN WITNESS WHEREOF, the parties hereto have executed this contract in triplicate on the day first mentioned above.

COUNTY OF ALAMEDA

By: _

President, Board of Supervisors

Date: _

Approved as to Form: Richard E. Winnie, County Counsel

By: d:dk iL-­Andrea Weddle Senior Deputy County-Counsel

CONTRACTOR

ABODE SERVICES Contractor

40849 Fremont Blvd. Street Address

Fremont CA 94538 City, State, Zip Code

.s D. Chicoine Executive Director, Abode Services

Date: 4, li ~I ()

By signing above, signatory warrants and represents that helshe executed this Agreement in hislher authorized capacity and that by hislher signature on this Agreement, helshe or the entity upon behalf of which helshe acted, executed this Agreement.

94-3087060 Taxpayer Identification #

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EXIUBITA SCOPE OF WORK/ACTIVITIES

BETWEEN ALAMEDA COUNTY HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT

AND ABODE SERVICES (FORMERLY TRI-CITY HOMELESS COAIJTION)

For Services Provided March 1, 2010 THROUGH February 28, 2011 for SHP Funds For Services Provided December 1, 2009 THROUGH February 28, 2011 for HOME Funds

Case Management

A. The CONTRACTOR will provide the following services to Linkages participants, as finally determined by COUNTY, upon direction of the COUNTY to begin services:

1. To outreach to families with children living on the streets or places otherwise not intended for human habitation, including victims of domestic violence or abuse. Using existing resources, these families will initially be placed into the shelter.

a. The shelter and service providers will work with the Leasing Coordinator to utilize proven existing street outreach methods, as well as conducting outreach at existing, appropriate points of contact in the community.

b. Case managers will work with homeless families as they enter the shelter to assess their eligibility for the Alameda County Housing-Jobs Linkages Program and other support services.

2. To conduct individual assessments of participant families for the purpose of stabilizing their living situations and toward the creation of Individual Service Plans.

The ultimate goals of the Individualized Service Plans are to assist participants in obtaining and/or remaining in permanent housing; to increase life skills and/or income of participants; and to help participants achieve greater self-determination.

a. Case Managers assess each family's situation, both fmancially and personally, to determine their ability to commit to and succeed in a self-sufficiency program which leads to sustainable employment and permanent housing.

b. An initial assessment is conducted with the participant family to generate an Individualized Service Plan.

c. Case Managers work with other resource teams, including the Leasing Coordinator to begin assembling the range of resources required to stabilize the family's living situation.

d. Case Managers work with resource teams and the Leasing Coordinator to map a strategy for successfully moving participant families into transitional housing, as well as accessing the self-sufficiency/employment portion of the Linkages Program.

e. The participant family is formally enrolled into the Alameda County Housing/Jobs Linkages Program.

3. To provide Case Management Services to participant families in order to facilitate their progress from homelessness to stability and eventually self-sufficiency.

a. Case Manager develops and periodicallY updates, with client participation, a long-

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term, Individualized Services Plan covering goals related to housing, job training/placement, budgeting and family life skills and stabilization needs.

b. Case Manager maintains up-to'date family participant information and service records on a computerized database and generates reports for funding sources, monitoring and evaluation purposes.

c. Case Manager shares client information with counselors at other programs serving common clients, on a confidential basis and with prior client approval, to facilitate the client's progress, including the Alameda County Housing/Jobs Linkages Program Leasing Coordinator.

d. Case Manager makes regular home visits with client families, after outplacement, to prevent reversion to homelessness.

4. To provide supportive services which are designed to address the individual, special needs of the homeless families to be served.

a. Provision of safe and secure short·term emergency shelter.

b. Work with participant families to ensure timely access to public assistance and income entitlement sources for which they are eligible.

c. Work with client service staff at health and human service programs, job training programs, and affordable housing programs, to make referrals and secure needed services and support.

d. Work with affordable housing coordinators at other programs to find and obtain leased housing and eventually to secure unsubsidized permanent housing.

5. Case Manager will work with participants to address employment needs.

a. Conduct an employment readiness assessment and develop an Individual Employment Plan for each participant in the program. This plan will be coordinated with the participant's Individual Self-Sufficiency Plan.

b. Monitor progress on participant Individual Employment Plans. Plans will be reviewed with the participant as often as necessary but no less frequently than quarterly.

c. Provide or connect participants with resources for employment services including employment assessment, job search skills, resume preparation, work environments orientation such as standards for attendance, behavior and dress, Internet access, online resources for job search, transportation and specialized tools, equipment, clothing, childcare or other support necessary to take part in training or employment.

d. Make referrals as appropriate to other job training, placement and job development agencies and follow'up on referrals to ensure that participants receive the services.

e. Provide support to participants who become employed through individual and group support, continued training opportunities, referrals and other activities as necessary.

6. Each LINKAGES agency shall be responsible for recruiting and working with a

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minimum of eight families by the end of this contract period.

7. COUNTY shall have all of the responsibilities for implementation and program oversight as specified in its application to HUD for the FY2009 Housing/Jobs Linkages Program and in the Housing/Jobs Linkages Grant Agreement as executed between COUNTY and the U.S. Department of Housing and Urban Development.

8. Each LINKAGES agency shall participate in the Alameda County Homeless Continuum of Care Council Homeless Management Information System (HMIS), including training, client data entry, producing required reports and working collaboratively with other agencies to utilize the HMIS to its maximum capacity.

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SCOPE OF WORKIACTMTIES

Leased Housing

B. The CONTRACTOR will provide the following services to administer the leased housing portion of the Alameda County Housing/Jobs Linkages Program according to HUD Supportive Housing Program requirements and the policies and procedures of the Linkages Program, as finally determined by County, upon direction of the County to begin services.

1. Process applications from potential participants submitted by participating shelters.

2. Notify participating shelters submitting applications on behalf of their clients of status of applications and work with case managers as needed to complete applications.

3. Conduct initial and annual verifications of participant income and family composition for each household accepted into the leased housing program.

4. Conduct regular housing search briefings and issue transitional housing Certificates to participants.

5. Provide participants and case managers with materials and assistance for conducting a housing search and referrals to interested landlords or appropriate units as available.

6. Do outreach to identify landlords with units available for the program and generally market the program to the rental housing community.

7. Conduct housing quality inspections for all units for which a valid Request for Lease Approval is received.

8. Negotiate rents for all units passing inspection. Calculate tenant rent and housing subsidy payments.

9. Approve all leases and execute Transitional Housing Assistance Payment Contracts with landlords.

10. Prepare landlord payment checks. An authorized representative at Abode Services must sign all checks.

11. Distribute all checks to landlords in a timely fashion, in keeping with the Transitional Housing Assistance Payment Agreement and the rent subsidy payment procedures approved by Alameda County Housing and Community Development Department (HCD).

12. Provide County with monthly billing report for rental assistance payments in accordance with Transitional Housing Assistance Payment Contracts and rent subsidy payment procedures approved by HCD.

13. Communicate regularly with case managers at each of the participating shelters regarding the application and entry process, program procedures, and availability of resources.

14. Be available on an as'needed basis to consult with landlords or case managers to discuss participants' status and resolve problems, as appropriate, in accordance with Linkages Program polices and procedures.

15. Extend Certificates and terminate Certificates as appropriate in accordance with the Linkages Program policies and procedures.

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16. Process Notices ofIntent to Vacate and Terminations of Housing Assistance Contracts.

17. Process re-certification, contract renewals and rent adjustments in accordance with Linkages Program policies and procedures.

18. Collect and produce occupancy, rent and rental assistance data, on a monthly basis as required to draw down funds from HUD.

19. Gather and provide information quarterly for reports to HUD, including racial and ethnic data on participants for program monitoring purposes. County will notify Abode Services as soon as County becomes aware that information is required from HUD, and parties will mutually determine methods and forms of collection and reporting.

20. Make referrals as appropriate to other job training, placement and job development agencies and follow'up on referrals to ensure Linkages participants receive the services.

21. Assist in employer outreach for Linkages participants.

22. Provide resources for job search and employment.

C. With respect to items A. 1-22 above, Abode Services shall exercise due care in carrying out its responsibilities to comply with HUD statutes, regulations and standards for the Supportive Housing Program. Abode Services shall carry out all of its responsibilities in a timely fashion, recognizing that timely response to both participants and landlords is critical to the smooth functioning and reputation of the Linkages Program. Specifically, Abode Services shall meet the following time-related goals:

1. No fewer than 80% of all applications received by Abode Services shall be processed within 30 days of receipt.

2. No fewer than 80% of participants will submit a Request for Lease Approval within 45 days of being issued a transitional housing certificate.

3. No fewer than 50% of all Move-ins will be conducted within 5 working days of Abode Services approving Request for Lease Approval, and no fewer than 90% of Move-ins will be conducted within 15 days of Abode Services approving a Request for Lease Approval.

4. No fewer than 70% of participants will receive referrals to appropriate available units.

It is understood and agreed by the parties that Abode Services cannot ensure or guarantee that tenants' information obtained by Abode Services is accurate, and its only obligation is to exercise due care in performing the services hereunder. If upon audit or at any time subsequent to the performance of these services, it is determined that the tenant information was not accurate, Abode Services shall have no liability therefore unless it failed to exercise due care in performing these services.

D. COUNTY shall have all of the responsibilities for implementation and program oversight as specified in its application to HUD for the FY2009 Supportive Housing Program and in the Supportive Housing Program Agreement for Project Number CA01l8B9T020802, as executed between COUNTY and the U.S. Department of Housing and Urban Development.

E. Each LINKAGES agency shall participate in the Alameda County Homeless Continuum of Care Council Homeless Management Information System (HMIS), including training, client data entry, producing required reports and working collaboratively with other agencies to utilize the HMIS to its maximum capacity.

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EXInBITB TERMS AND CONDITIONS FOR PAYMENT

1. COUNTY will pay CONTRACTOR up to $582,199 beginning December 1. 2009 and ending February 28,2011 for services in accordance with the scope of work in Exhibit A and the attached Program Budget, in accordance with the conditions set forth below. CONTRACTOR shall submit monthly invoices no more than monthly including supporting documentation for costs invoiced. Invoices shall be reviewed by the liaison assigned to monitor this Contract and shall be approved by the Community Development Agency Director or his designee.

2. Total payment under the terms of this agreement shall not exceed $582,199. These funds must cover all costs to the CONTRACTOR of providing or contracting for services, as no additional funds will be made available to reimburse expenses incurred in completing the Scope of Work described in Exhibit A.

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EXlllBITB TRI-CITY HOMELESS COALITION

PROGRAM BUDGET

For Services Provided March 1,2010 through February 28,2011 for SHP Fund For Services Provided December 1, 2009 through February 28,2011 for HOME Fund

Case Management

Case Manager Salary $40,000

Case Manager Benefits $10,112

Case Manager Supervision $4,300

Case Manager Mileage $1,300

Case Management Subtotal

Housing Leasing

Leasing Coordinator Salary

Leasing Coordinator Benefits

Leasing Coordinator SupportJ Program Coordination

Leasing Coordinator Mileage

Office Supplies

Credit Checks and Eviction Search

$55,712

$46,700

$11,550

$7,500

$1,000

$800

$200

Housing Leasing Subtotal $67,750

Lease Payments $448,588 ($288.588 in SlIP and $160,000 in HOME)

Project Sponsor Admin $10,149

Grand Total $582.199

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EXHIBITC COUNTY OF ALAMEDA MINIMUM INSURANCE REQUIREMENTS

Wllttout limiting CC1y other obligatioo or Hability under this Agreement, the Contractor, at its sole cost and expense, shall seaJre and keep in force dUring the entire term of the Agreement or longer, as may be specified below, the following insurance coverage, limits CCId endorsements:

A

B

c

D

E

F

Commercial General Uability

Premises Liability; Producls and Completed Operations; Contractual Liability; Personal Injury and Advertising Uability, Abuse, Molestation, Sexual Actions, and Assault and Battery

Commercial or Business Automobile liability

All owned vehicles, hired or leased vehicles, non-owned' borrowed and permissive uses. Personal Automobile Liability is acceptable for individual contractors with no transportation or hauling related activities

Wolters' Compensation (WC) and Employers Liability (El)

Required for all contractors with employees

Professional LiabilitylErrors and Omissions

Indudes endorsements of contractual liability

Directors and Officers liability

Induding Employment Practices Liability

Employee Dishonesty (ED) and Crime (C)

(ED) Required only if asignificant amount of funding is advanced to contractor.

(C) Required only if contractor keeps significant sums of money at premises

$1,000,000 per occurrence (CSL)

Bodily InjUry and Property Damage

$1,000,000 per occurrence (CSL)

Any Auto

Bodily Injury and Property Damage

WC: Statutory Limits

EL: $100,000 per accident for bodily injury or disease

$1,000,000 per occurrence

$2,000,000 aggregate

$1,000,000 per occurrence

(ED) Minimum of 75% of the Funding

(C) Minimum daily amount kept on premises

G Endorsements and Conditions:

1. ADDITIONAL INSURED: General liability, Automobile Liability, and Directors and Officers Liability Insurance Policies shall be endorsed to name as additional insured: County of Alameda, its Board of Supervisors, the individual members thereof, and all County officers, agents, employees and volunteers. Employee Dishonesty and Crime Insurance Policy shall be endorsed to name as Loss Payee (as interest may arise): County of Alameda, its Board of Supervisors, the individual members thereof, and all County officers, agents, employees and volunteers.

2. DURATION OF COVERAGE: All required insurance shall be maintained during the entire term of the Agreement with the folloNing exception: Insurance policies and coverage(s) written on a claims-made basis shall be maintained during the entire term of the Agreement and until 3 years following termination and acceptance of all wor\( provided under the Agreement with the retroactive date of said insurance (as may be applicable) concurrent with the commencement of activities pursuant to this Agreement

3. REDUCTION OR LIMIT OF OBLIGATION: All insurance policies shall be primary insurance to any insurance available to the Indemnified Parties and Additional Insured(s). Pursuant to the provisions of this Agreement insurance procured by the Contractor shall not reduce or limit Contracto(s contractual obligation to indemnify and defend the Indemnified Parties.

4. INSURER FINANCIAL RATING: Insurance shall be maintained through an insurer with aA.M. Best Rating of no less than A: VII or equivalent shall be admitted to the State of Califomia unless othelWise waived by Risk Management and with deductible amounts acceptable to the County. Acceptance of Contracto(s insurance by County shall not relieve or deaease the liability of Contractor hereunder. Any deductible or self-insured retention amount or other similar obligation under the policies shall be the sole responsibility of the Contractor.

5. SUBCONTRACTORS: Contractor shall include all subcontractors as an insured (covered party) under its policies or shall fumish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.

6. JOINT VENTURES: If Contractor is an association, partnership or other joint business venture, required insurance shall be provided by anyone of the followilg methods:

Separate insurance policies issued for each individual entity, with each entity included as a 'Named Insured (covered party), or at minimum named as an 'Additional Insured' on the othe(s policies. Joint insurance program with the association, partnership or other joint business venture included as a 'Named Insured.

7. CANCELLATION OF INSURANCE: All required insurance shall be endorsed to provide thirty (30) days advance written notice to the County of cancellation.

8. CERTIFICATE OF INSURANCE: Before commencing operations under this Agreement Contractor shall provide Certificate(s) of Insurance and applicable insurance endorsements, in form and satisfactory to County, evidencing that all required insurance coverage is in effect The County reserves the rights to require the Contractor to provide complete, certified copies of all required insurance policies. The require certificate(s) and endorsements must be sent to:

• Department/Agency issuing the contract • With acopy to Risk Management Unit (125 -12~ Street 3'" Floor, oakland, CA 94607)

Certificate C-4d Form 2001-1 (Rev. 03/15/06)

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--

ACORD", CERTIFICATE OF LIABILITY INSURANCE DATE (MMlDDIYYYY)3/33./203.0

PRODUCER (408)792-5400 FAX: (408) 792-3670 nilS CERTIFICATE IS ISSUED AS A MAnER OF INFORMATION Thoits Insurance Ca Lic #0243213 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE

HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 160 West Santa Clara Street ALTER THE COVERAGE AFFORDED BY niE POUCIES BELOW. 12th Floor San Jose CA 95113 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER 1<. Nonprofits Ins Alliance 11845a #718 Allied Housing, Inc. INSURER B: Everest NationaJ. Ins Co #228 Abode Services INSURER C: No American Elite Ins Co 29700 40849 Fremont Blvd. INSURER D: RSUI Indemnity Co 22314 #700 Fremont CA 94538 INSURERE:

THE POllClES OF INSURANCE USTED BELOW HAVE BEEN ISSUED 10 THE INSURED NAMED PBOIIE FOR THE POlICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDI11ON OF ANY CONTRACT OR OTHER DOCUMENT IMTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT 10 ALL THE TERMS, EXCLUSIONS AND CONDIl1ONS OF SUCH POLICIES.

I Y I-IA\IF REF \I REDUCE II 'liS

l~~~ TYPe OF INSURANCE POLICY NUMBER "gk~~:~~= POok!fJI~~N LIMITS

~ERAL LIABILITY EACH OCCURRENCE S 1,000,000 X COMMEROAL GENERAL LIABILITY =~~~=ncel S 500,000

I--tJ a.AIMS MAD!: ~ OCCURA 200~-03766-NPO 11/15/2009 11/15/2010 MED EXP (MV one DelS<X\l S 20,000f-­

PERSONAL & ADIIINJURY S 1,000,000 -

- GENERAL AGGREGATE S 2,000,000

~AGGRnE~~~ AnESPER: PRnnI Jr.T~ • r.oMPfOP AC::n. S 1,000,000

X POLICY :JFCT LOC Professional Liab. 1,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000- (Ea accident) S

~ /oN'( AUTO

A ALL <JIM'lED AUTOS 200~-03766-NPO 11/15/2009 11/15/2010 80DILY INJURY " .'.,,)

-(per person) S .<~

SCHEDULED AUTOS ........

-- HIREOAUTOS BODILY INJURY

S NQN-OIMIED AUTOS

(Per accident) "

.. ~

r-­ PROPERTY DAMAGE S(per acx:idenl)

GARAGE LIABILITY AUTO ONLY - EAACClDENT S .~H/oN'( AUTO ' )

OTHER THAN EAACC S ~ :...

I\UTOONLY: . AGG S ~.~

exCESSIUMBRELLA LJABIUTY EACH OCCURRENCE S 1,000,000 ~ OCCUR 0 CLAIMS MADE AGGREGATE S 1,000,000

Professional Liab. S 1,000,000 A ~ DEDUCTIBLE 2009-03766-UHB 11/15/2009 11/15/2010 s

X RETENTION S 10 000 S

B WORKERS COMPENSATION AND X WCSTATU· O~.

EMPLOYERS' LJABIUTY 1,000,000At('( PROPRIETORIPARTNERJEXECunllE E.L EACH ACCIDENT S OFFICERNEMBER EXCLUDED? 6600000829101 4/1/2010 4/1/2011 E,L, DISEASE· EA EMPLOYEE S 1,000,000 If yes, describe ..-.der

E.L DISEASE - POLICY LIMIT S 1,000,000sPECIAL PROVISIONS below

C OTHER EMPLOY.EE DISHONESTY CWBOO02464-07-03766 11/15/2009 11/15/2010 Limit;: $250,000 Ded: $2,500 DIBECTORS & OFFICERS NHP635661 12/31/2009 12/31/2010 Limit;: $2,000,000

Retentions: A:$O B:$10K C:$10K DESCRIPTION OF OPERATIONSILOCAnONSNelICLESlEXCLUSlONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Re: Contract Alameda County, its Board of Supervisor, officers, agents and employees is named as Add!tional Insured as respects General Liability per attached form CG2026. Form eIR attached. *10 days notice of cancellation for non payment of premium.

CERTIFICATE HOLDER

Alameda County Housing & Community Development Department Attn: Flora Shek 224 W. Winton Ave. Room 108 Hayward, CA 94544-1221

ACORD 25 (2001/08)

CANCELLAliON SHOULD ANY OF THE ABOVE DESCRIBS> POLICIES BE CANCELLED BEFORE THE

EXPIRATION DATE THeREOF; THE ISSUING INSURER WILL ENDEAVOR TO MAIL

30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT

FAILURE TO DO so SHALL IMPOSE NO OBLIGATION OR LJABIUTY OF ANY KIND UPON THE

INSURER, ITS AGENTS OR REPRESENTATI\IES.

AUTHORIZED REPRESENTATIVE

Maria Santiago/MSANTI .-...-~ -' J~ --­C~

@ ACORD CORPORATION 1988

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--

DATE(M'rDIYYYYJACORD... CERTIFICATE OF LIABILITY INSURANCE 3/31 2010 PRODUCER (408)792-5400 FAX: (408) 792-3670 nilS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION

ONLY AND CONFERS NO R1GHlS UPON THE CERllFICATEThoits Insurance Ca Lic 10243213 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY llfE POUCIES BELOW. 160 West Santa Clara Street

12th Floor San Jose CA 95113 INSURERS AFFORDING COVERAGE NAIC# INSURED #228 Abode Services

INSURER A Everest National. Ins Co INSURERB:

40849 Fremont Blvd. INSURERC:

INSURER 0:

Fremont CA 94538 INSURERE:

TIiE POLICIES OF INSURANCE LISTED BELeM' HAVE BEEN ISSUED TO TIiE INSURED NAMED ABOVE FOR THE POUCY PERIOD INDICATED. NOtwiTHSTANDING ANY REQUIREMENT, TERM OR CONDIl10N OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERllF1CATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO AlL THE TERMS, EXClUSIONS AND CONDlllONS OF SUCH POLICIES.

C I CLAIMS

I~ =~ - UMITS P~~.f~ "g~'fll~NTYPE OF INSURANCE POUCYNUMBER

GENERAL LIABILITY $EACH OCCURRENCE-$BR~~~~~ncel'oMERQAL GENERAL UABIUTY-

MED EXP IAny one oer.;onl $CLAIMS MADE OCCUR0-$PERsOrw. & ADV I~RY'- ­

GENERAL AGGREGATE $f- ­GEN'\. AGGREGATE LIMIT APPUES PER: $PRCXlI JCTS • C'.oMPIOP AGG

II POUCy n ~ n LOC

~OMOBLE LIABILITY COMBINED SINGLE UMIT $lEa accideo1lf-- ANYAUTO

ALL CMtlED AUTOS BODILY INJURY f- ­ $(per per.;on) 1\-)SCHEDULED AUTOS , ,f- ­,~~... ~HIRED AUTOS BODILY INJURY $ C':'')

(peraa:iclenll I- ­

NON.()IM'/ED AUTOSI- ­PROPERTY DAMAGE $(per accident) ,

$ '. -i AUTO ONLY· EA ACCIDENTRRAGELIABIUTY

ANY AUTO $OTHER THAN EAACC -AlITOONLY:

$AGG

$C)EXCESSIUMBRELLA LIABIUTY

$- -•• ,......~

$'-'

OCCUR o CLAIMS MADE AGGREGATE

$~~mE RETENTION $ $

X I· we STATU- OJAi-WORKERS COMPENSATlOH AND EMPLOYERS' UABIUTY

A $ 1,000,000E.L EACH ACCIDENTANY PROPRIETORIPARTNERlEXECUTIve

OfACERMEMBER EXCLUDED? 4/1/20114/1/20106600000829101 E.L DISEASE· EA EMPLOYEE $ 1,000,000 Hyes, descri>e ..-.de< ~, CDnVlSlON."""""'" EL DISEASE· POLICY LIMIT $ 1,000,000 OTHER

DESCRIPTION OF OPERATIONSIlOCATlONSlVBiICLESlEXClUSIONSADDED BY ENDORSEMENT/SPECIAL PROVISIONS Re: Proof of Insurance (Form C:IR attached)

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CERllFICATE HOlDER

~ameda County Housing & Community Development At1:n: Hazel Weiss 224 W. Winton Ave. , Suite 108 Hayward, CA 94544-1221

ACORD 25 (2001/08)

CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBBl POLICIES BE CANCELLED BEFORE THE

EXPIRATION DATE THEReoF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL

30 DAYS WRITTBl NOTICE TO THE CERTIFICATE HOLDeR NAMED TO THE LEFT. BUT

FAILURE TO DO so SHALL IMPOSE NO OBUGATION OR UASIUTY OF ANY KIND UPON THE

INSURER, ITS AGENTS OR REPRESENTATIVES.

AUTHOR~REPRESENTATWE .---------:;> - ­!Maria Santiago/MSANTI --c-3~ @ACORDCORPORAllON 1988

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EXffiBITD COUNTY OF ALAMEDA

DEBARMENT AND SUSPENSION CERTIFICATION For Procurements Over $25,000

The contractor, under penalty of perjury, certifies that, except as noted below, contractor, its principles, and any named 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.

Exceptions will not necessary 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 Standard Services Agreement. Signing this St~ndard

Services Agreement on the signature portion thereof shall also constitute signature of this Certification.

CONTRACTOR: ABODE SERVICES

PRINCIPAL: LOUIS D. ?H~ TITLE: EXECUTIVE DIRECTOR

SIGNATURE: ~ ... ~~':. DATE: <[- J.. U -L(j

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Page 117: ALAMEDA COUNTY COMMUNITY DEVELOPMENT AGENCY · Grant Waivers 020910#12E through 020910#12J were approved for these contracts. OnMarch 29,2010, HCn received the grant agreement from

EXHIBITE

ALAMEDA COUNTY AFFIRMATIVE ACTION PLAN UNDER SECTION 3 OF THE HOUSING AND URBAN DEVELOPMENT ACT OF 1968

PURPOSE

To insure that to the greatest extent feasible, projects financed by the Alameda County Housing and Community Development Program provide business and employment opportunities for businesses in the Alameda County project areas funded by Supportive Housing Program (SHP2.

In all contracts for work in connection with a Community Development project, the following clause (referred to as the Section 3 Clause), will be included:

1. The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing.

2. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations.

3. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin.

4. The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate actions, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135.

5. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but not before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 135.

6. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts.

7. With respect to work performed in connection with section 3 covered Indian housing assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 405e) also applies to the work to be performed under this contract. Section 7(b) requires that to the

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Page 118: ALAMEDA COUNTY COMMUNITY DEVELOPMENT AGENCY · Grant Waivers 020910#12E through 020910#12J were approved for these contracts. OnMarch 29,2010, HCn received the grant agreement from

greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian"owned Economic Enterprises. Parties to this contract that are subject to the provisions of section 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b).

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Page 119: ALAMEDA COUNTY COMMUNITY DEVELOPMENT AGENCY · Grant Waivers 020910#12E through 020910#12J were approved for these contracts. OnMarch 29,2010, HCn received the grant agreement from

SECTION 3 EMPLOYMENT PLAN

NAME OF CONTRACTOR: ABODE SERVICES

Services to be Provided: Support services to homeless persons and their families who are enrolled in the Alameda County Housing/Jobs Linkages Program.

Contract Amount: $582.199

o Contract amount does not exceed Section 3 dollar threshold. Section 3 requirements do not apply.

Contract does not include housing rehabilitation, housing construction or other public construction. Section 3 requirements do not apply.

Section 3 requirements do apply. Contractor has been notified of Section 3 requirementso and has completed the anticipated work force analysis below.

The following work force is anticipated to be necessary to satisfactorily complete this work:

Job Classifications Existing Work Force Anticipated New Hires

CONTRACTOR agrees to undertake a good faith effort to comply with all of the provisions of Section of the Housing and Urban Development Act of 1968.

ABODE SERVICES Contractor

Loui""-,,,,_~••

,Date

G:\HCD\HOMELESS\SHP\LINKAGES\fys Abode 09 Renewal Contract 4913.doc

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