November 14, 2000
Honorable Board of Commissioners
Housing Authority of the
County of Los Angeles
383 Kenneth Hahn Hall of Administration
500 West Temple Street
Los Angeles, California 90012
Dear Commissioners:
AWARD CONTRACT FOR CASE MANAGEMENT SERVICES FOR
RESIDENTS OF PALM AND WEST KNOLL APARTMENTS (3)
(3 Vote)
IT IS RECOMMENDED THAT YOUR BOARD:
1. Approve a 15-month Contract for Case Management Services between the Housing Authority and Jewish Family Services of Los Angeles, to provide case management and supportive services for 267 residents that are being temporarily relocated during the seismic retrofitting of the Palm Apartments and the West Knoll Apartments in the City of West Hollywood.
2. Authorize the Executive Director to execute the contract, to be effective on January 2, 2001; and to use for this purpose a maximum of $95,850 in funds provided by the U.S. Department of Housing and Urban Development (HUD) under the Comprehensive Grant Program (CGP).
3. Authorize the Executive Director to execute amendments to the contract to extend the time of performance, and to include a maximum of $38,340 in Capital Fund Program (CFP) funds, to continue services in the event that seismic work is not completed as scheduled, following approval as to form by County Counsel.
Honorable Board of Commissioners
November 14, 2000
Page 2
PURPOSE OF RECOMMENDED ACTION:
The purpose of this action is to approve a contract for case management and supportive services for residents of two housing developments while seismic construction is being completed.
JUSTIFICATION:
The contract is needed to provide case management and supportive services to 267 seniors during temporary relocation from their apartments.
FISCAL IMPACT TO THE COUNTY:
There is no impact on the County general fund.
FINANCING:
The contract will be funded with $95,850 in CGP funds. An additional $38,340 in CFP funds is being set aside in the event services need to be extended.
FACTS AND PROVISIONS/LEGAL REQUIREMENTS:
The 124-unit Palm Apartments and the 136-unit West Knoll Apartments provide public housing for low-income seniors and disabled residents in the City of West Hollywood. A review of both structures following the 1994 Northridge earthquake revealed that seismic retrofitting is needed to ensure safety during subsequent major earthquakes. The Housing Authority is currently conducting a procurement process to identify a contractor to complete the seismic work, and will return to your Board for approval of the contract award.
The Housing Authority is also proceeding with the relocation of approximately 267 residents from the sites, in accordance with a contract that was approved by your Board on September 19, 2000. In order to assist residents through the relocation process, the Housing Authority wishes to enter into a contract with Jewish Family Services of Los Angeles to provide case management and supportive services.
The contract will fund the salary of one program director and two case workers, as well as operating expenses for the agency. Services will include: providing advocacy and referrals to necessary services; counseling to work through issues of displacement, anxiety, fear and loss; and connecting residents with supportive services including assistance with housekeeping, meal preparation, bathing, escorts to medical care, and rental of some emergency medical equipment. Supportive services will be provided by other qualified agencies and vendors on a low or no cost basis, depending upon the ability to pay. The agency currently provides similar services to the residents under a separate contract.
Honorable Board of Commissioners
November 14, 2000
Page 3
The proposed services are being federally funded, and are not subject to the requirements of the Greater Avenues for Independence (GAIN) Program implemented by the County of Los Angeles. Instead, the contractor must comply with Section 3 of the Housing and Community Development Act of 1968, as amended, which requires that employment and other economic opportunities generated by certain HUD assistance be directed to low- and very low-income persons, particularly to persons who are recipients of HUD housing assistance.
The attached Case Management Services Contract has been approved as to form by County Counsel and executed by Jewish Family Services of Los Angeles. The October Housing Commission meeting was cancelled due to lack of a quorum. This matter will be presented to the Housing Commission at its next meeting.
CONTRACTING PROCESS:
During the week of July 20, 2000, a Request for Proposals (RFP) was initiated to identify an agency to provide case management and supportive services for residents relocating from the Palm Apartments and West Knoll Apartments. Advertisements were placed in seven local newspapers. Although there are no case management service providers on the Housing Authority’s vendor list, requests were mailed to seven agencies known to provide these services. An announcement was also posted on the County Office of Small Business Web Site.
As a result of the outreach, ten proposal packages were requested and distributed. Two proposals were submitted by the deadline of August 22, 2000. Based on the RFP criteria and assessments completed by an evaluation committee, Jewish Family Services of Los Angeles was determined to be the most qualified to provide the necessary services.
The Summary of Outreach Activities is provided as Attachment A.
IMPACT ON CURRENT PROJECT:
The contract with Jewish Family Services of Los Angeles will provide the necessary case management and supportive services for Palm and West Knoll residents during the seismic retrofitting of the two properties.
Respectfully submitted,
CARLOS JACKSON
Executive Director
CJ:dls
Attachments: 2
ATTACHMENT A
Summary of Outreach Activities
PROCUREMENT FOR CASE MANAGEMENT SERVICES
During the week of July 20, 2000, the following outreach was initiated to identify an agency to provide case management and supportive services to residents relocating from the Palm and West Knoll Apartments.
A. Newspaper Advertising
Announcements appeared in seven local newspapers, four of which are minority publications.
La Opinion Los Angeles Times
L.A. Sentinel The Wave Publications Group
International Daily News Long Beach Press Telegram
Eastern Group Publishing
An announcement was also posted on the County Office of Small Business Web Site.
B. Distribution of Proposal Packets
Requests for Proposals were mailed to seven service providers identified as providing case management services to seniors. Two firms identified themselves as firms owned by minorities or women (private firms that are 51 percent owned by minorities or women, or publicly owned business, in which 51 percent of the stock is held by minorities or women). As a result of the outreach, ten proposal packages were requested and distributed.
C. Proposal Results
On August 22, 2000, two proposals were received from the following service providers:
Jewish Family Services of Los Angeles*
Genesis Healthcare Strategies, Inc.*
A Housing Authority committee evaluated both proposals according to the published RFP criteria. Jewish Family Services of Los Angeles was determined to be the most qualified to perform the required services.
*Minority firms.
E. Minority/Women Participation – Selected Service Provider
Name Ownership Employees
Jewish Family Services Board of Declined to provide
of Los Angeles Directors information
F. Minority/Women Participation – Service Provider Not Selected
Name Ownership Employees
Genesis Healthcare Minority Total: 3
Strategies, Inc. 2 Minorities
1 Woman
67% Minorities
33% Women
The Housing Authority conducts ongoing outreach to include minorities and women in the contract award process, including: providing information at local and national conferences; conducting seminars for minorities and women regarding programs and services; advertising in newspapers to invite placement on the vendor list; and mailing information to associations representing minorities and women. The above information has been voluntarily provided to the Housing Authority.
The recommended award of contract is being made in accordance with the Housing Authority's policies and federal regulations, and without regard to race, creed, color, or gender.
2
STANDARD CONTRACT
For
CASE MANAGEMENT SERVICES
THIS CONTRACT is made and entered into this 2nd day of January 2001, by and between the Housing Authority of the County of Los Angeles, hereinafter called the "Authority", and Jewish Family Services of Los Angeles, hereinafter called the "Contractor".
RECITAL
1. Purpose
Contractor is in the business of providing professional Case Management Services. On August 22, 2000, in response to the Authority's Request for Proposals, Contractor submitted a proposal to furnish the hereinafter-described services at the Palm and West Knoll housing developments, located in the City of West Hollywood.
TERM AND CONDITIONS
2. Term
This Contract shall commence as of the day and year first above written and shall remain in full force and effect for 15 months until April 2, 2002, unless sooner terminated as provided herein.
3. Contractor Responsibilities
Contractor agrees to perform in a professional manner, to the satisfaction of the Authority's Director of Housing Management, all the work described in Contract Attachment “A”, Scope of Services; “B”, Budget; Contractor's Proposal; and Request for Proposals, which includes the Specifications for Healthcare and Self-Sufficiency Program for Senior Services at the locations specified above. All materials and equipment furnished for the performance of said work and the manner of performing the work shall comply in all particulars with the Specifications. The Request for Proposals, Specifications and the Contractor's Proposal including submittal Exhibits and insurance certifications are incorporated by reference as though fully set forth herein. Contractor hereby accepts such responsibility as described herein, and agrees to acquire and present all relevant state and local insurance, training and licensing pursuant to services required by this Contract.
4. Quality Assurance Plan
The ongoing assessment and monitoring of this Contract is the responsibility of the Authority's Director of Housing Management, or her designee. The Authority will continually evaluate the Contractor's performance under this Contract. Such evaluation will include assessing the Contractor's compliance with all the contract terms and performance standards. Contractor deficiencies, which the Authority determines are severe or continuing, and that may place performance of the Contract in jeopardy if not corrected, will be reported to the Board of Commissioners. The report will include improvement/corrective action measures taken by the Authority and Contractor. If improvement does not occur consistent with the corrective measure, the Authority may terminate this Contract, pursuant to Paragraphs 16 or 17, or impose other penalties as specified in this Contract.
5. Compensation
The Consultant will submit to the Authority an approved invoice for services and reimbursable services according to the Budget on Attachment “B” rendered on a monthly schedule. The Authority will pay to the Consultant within thirty days of receipt of the invoice a monthly payment for the amount worked. The total amount of compensation under this Contract will not exceed Ninety-Five Thousand, Eight Hundred Fifty Dollars and no cents, $95,850.00.
6. Conditions for Prompt Payment
The following conditions must be met to fulfill the Contract and ensure prompt payment:
· Consultant will submit by the 15th of each month an approved invoice for services rendered during the previous month along with all reports required according to Section 7: Reports.
· Contractor will submit an Authority-approved invoice for services rendered on a monthly schedule to:
Housing Authority County of Los Angeles
Housing Management Division
Attn: Jacque Nelson
2 Coral Circle,
Monterey, CA 91755
7. Reports
The Contractor will submit a monthly report identifying activities conducted for this period pursuant to this Contract.
The Consultant will submit a monthly report identifying services provided for this period pursuant to this Contract. Each report will detail (1) number of residents counseled for each case; (2) reason for counseling; (3) referral to which agency; (4) status and progress of each case; (5) pre- and post-evaluation status. Each case shall be coded so that the identity of the client remains confidential. When a client file has been closed due to completion or termination, a synopsis of the client before, during and at the end of counseling service will be prepared and submitted as part of the monthly report. (All clients' names will be kept confidential in the reporting process and may only be identified by client number.)
8. Sources and Appropriation of Funds
The Authority's obligation is payable only and solely from funds appropriated through the U. S. Department of Housing and Urban Development (HUD) and, for the purpose of this Contract, all funds are appropriated every fiscal year beginning July 1.
In the event this Contract extends into succeeding fiscal years and funds have not been appropriated, this Contract will automatically terminate as of June 30 of the current fiscal year. The Authority will notify the Contractor in writing within ten days of receipt of a non-appropriation notice.
9. Requests for Supplemental Services Advance Payments
Contractor may request supplemental services payment advances to cover supportive services for residents of Palm Avenue and West Knoll Apartments as shown in Attachment A. Requests for advance payments must be verified by supporting documentation acceptable to the Authority before subsequent advance payment requests will be honored. Supplemental services must be in conformance with the Contactor’s 15-month budget for case management activities (Attachment B) in an amount not to exceed $95,850.00.
The Contract Sum set forth herein includes the payment by contractor of all sales and use taxes required by any local codes, or any law existing or which may hereafter be adopted by federal, state, or governmental authority, taxing the materials, services required or labor furnished, and of any other tax levied by reason of the Work to be performed.
10. Acceptance of Existing Conditions
Contractor affirms that an inspection of the sites, which are the subject of this Contract, has been performed and warrants the acceptance of said sites in their condition as of the date of the execution of this Contract.
11. Proposal Submitted the Sole Basis for Compensation
Other than the Proposal submitted by the Contractor, no estimate of cost furnished by either of the parties shall be used to determine the compensation for any work to be performed pursuant to this Contract.
12. No Other Compensation Allowed
Contractor shall not, nor shall it permit any agent, employee or subcontractor employed by it to request, demand or accept, either directly or indirectly, any other compensation or gratuity from any person, firm or corporation for services required to be performed hereunder.
13. Gratuities
The Authority may, by written notice to the Contractor, terminate the right of the Contractor to proceed under this Contract upon one (1) calendar day's notice if it is found that gratuities in the form of entertainment, gifts, or otherwise were offered or given by the Contractor, or any agent or representative of the Contractor, to any officer or employee of the Authority, with a view toward securing a contract or securing favorable treatment with respect to the performing of such contract, provided that the existence of the facts upon which the Executive Director makes such findings may be reviewed in any court of competent jurisdiction. In the event of such termination, the Authority shall be entitled to pursue the same remedies against the Contractor as they could pursue in the event of default by the Contractor.
14. Insurance
Contractor shall procure and maintain at Contractor's expense for the duration of this Contract the following insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work by the Contractor, its agents, representatives, employees or subcontractors:
The Authority, the Community Development Commission of the County of Los Angeles (CDC), the County of Los Angeles (County), and their officials and employees shall be covered as insured as respects: Liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, leased or used by the Contractor.
a. COMPREHENSIVE GENERAL LIABILITY insurance (written on ISO policy form CG 00 01 or its equivalent) with limits of not less than the following:
General Aggregate: $2,000,000
Products/Completed Operations Aggregate: $1,000,000
Personal and Advertising Injury: $1,000,000
Each Occurrence $1,000,000
b. AUTOMOBILE LIABILITY insurance (written on ISO policy form CA 00 01 or its equivalent) with a limit of liability of not less than $1,000,000 for each incident. Such insurance shall include coverage for all “owned”, “hired” and “non-owned” vehicles, or coverage for “any auto”.
c. WORKERS' COMPENSATION and EMPLOYER’S LIABILITY insurance providing workers compensation benefits, as required by the Labor Code of the State of California.
In all cases, the above insurance also shall include Employer’s Liability coverage with limits of not less than the following:
Each Accident: $1,000,000
Disease-policy limit: $1,000,000
Disease-each employee $1,000,000
Any modification or waiver of the insurance requirements herein shall only be made with the written approval of the Executive Director or designee.
Any self-insurance program and self-insured retention must be separately approved by the Authority.
Each insurance policy shall be endorsed to state that coverage shall not be canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice has been given to the Authority.
Acceptable insurance coverage shall be placed with carriers admitted to write insurance in California or carriers with a rating of or equivalent to A:VIII by A.M. Best & Company. Any deviation from this rule shall require specific approval in writing by the Authority.
All coverages for subcontractors shall be subject to the requirements stated herein and shall be maintained at no expense to the Authority.
Contractor shall furnish the Authority with certificates of insurance and with original endorsements affecting coverage as required above. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf.
Any modification or waiver of the insurance requirements herein shall only be made with the written approval of the Executive Director or designee.
15. Failure to Maintain Insurance
Failure on the part of the Contractor to procure or maintain insurance required by this Contract shall constitute a material breach of contract upon which the Authority may immediately terminate this Contract.
16. Termination for Convenience
The Authority reserves the right to cancel this Contract for any reason at all upon 30 days prior written notice to Contractor. In the event of such termination, Contractor shall be entitled to a prorated portion paid for all satisfactory work unless such termination is made for cause, in which event compensation if any, shall be adjusted in such termination.
17. Termination for Cause
This Contract may be terminated by the Authority upon written notice to the Contractor for cause (failure to perform satisfactorily any of the Contract terms, conditions, and work items) with no penalties incurred upon termination or upon the occurrence of any of the following events:
a. Continuing failure of the Contractor to perform any work required to be performed hereunder in a timely and professional manner, or Contractor is not properly carrying out the provisions of the Contract in their true intent and meaning, then in such case, notice thereof in writing will be served upon the Contractor; and should the Contractor neglect or refuse to provide a means for a satisfactory compliance with this Contract and with the direction of the Authority within the time specified in such notices, the Authority shall have the power to suspend the operations of the Contractor in whole or in part.
b. All complaints shall be resolved as soon as possible after notification; but in all cases within 24 hours, to the satisfaction of the Director of Housing Management. If any complaint is not resolved within 24 hours, the Director of Housing Management may, after reasonable attempt to notify the Contractor, cause such action to be taken by the Housing Authority and shall charge the cost thereof against the Contractor, or may deduct any such cost from any amount due to the Contractor from the Housing Authority.
c. Noncompliance with Deficiency Notices: Should the Contractor fail within five days to perform in a satisfactory manner, in accordance with the provisions of the Contract, or if the work to be done under said Contract is abandoned for more than three days by the Contractor, then notice of deficiency thereof in writing will be served upon him/her by the Director of Housing Management. Should the Contractor fail to comply with the terms of said Contract within five days, upon receipt of said written notice of deficiency, the Director of Housing Management shall have the power to suspend or terminate the operations of the Contractor in whole or in part.
d. Termination for Improper Consideration: The Authority may, by written notice to Contractor, immediately terminate the right of Contractor to proceed under this Contract if it is found that consideration, in any form, was offered or given by Contractor, either directly or through an intermediary, to any Authority officer, employee or agent with the intent of securing the Contract or securing favorable treatment with respect to the award, amendment or extension of the Contract or the making of any determinations with respect to the Contractor's performance pursuant to the Contract. In the event of such termination, the Authority shall be entitled to pursue the same remedies against the Contractor as it could pursue in the event of default by the Contractor.
The Contractor shall immediately report any attempt by an Authority officer or employee to solicit such improper consideration. The report shall be made either to the Authority's Executive Director or to the County Auditor-Controller's Employee Fraud Hotline at (800) 544-6861.
Among other items, such improper consideration may take the form of cash, discounts, service the provision of travel or entertainment, or tangible gifts.
e. In the event that a petition of bankruptcy shall be filed by or against the Contractor this Contract may be terminated.
If, through any cause, the Contractor shall fail to fulfill, in a timely and proper manner, the obligations under this Agreement, or if the Contractor shall violate any of the covenants, agreements, or stipulations of this Contract, the Authority shall thereupon have the right to terminate this Contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least five days before the effective date of such termination. In such event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared by the Contractor under this Contract shall, at the option of the Authority become its property and the Contractor shall be entitled to receive just and equitable compensation for any work satisfactorily completed.
18. Independent Contractor
This Contract does not, is not intended, nor shall it be construed to create the relationship of agent, employee or joint venture between the Authority and the Contractor.
19. Employees of Contractor
Workers' Compensation: Contractor understands and agrees that all persons furnishing services to the Authority pursuant to this Contract are, for the purposes of Workers' Compensation liability, employees solely of the Contractor. Contractor shall bear sole responsibility and liability for providing Workers' Compensation benefits to any person for injuries arising from an accident connected with services provided to the Authority under this Contract. Contractor shall ensure that each and every subcontractor of Contractor has a similar Worker’s Compensation policy as that described herein above. In the alternative, Contractor shall bear sole responsibility and liability for providing Workers' Compensation benefits to any person for injuries arising from an accident connected with services provided to the Authority under this Contract.
Professional Conduct: The Authority does not and will not condone any acts, gestures, comments or conduct from the Contractor's employees, agents or subcontractors which may be construed as sexual harassment or any other type of activities or behavior that might be construed as harassment. The Authority will properly investigate all charges of harassment by residents, employees or agents of the Authority against any and all Contractor's employees, agents or subcontractors providing services for the Authority. The Contractor assumes all liability for the actions of the Contractor's employees, agents or subcontractors and is responsible for taking appropriate action after reports of harassment are received by the Contractor.
20. Safety Standards and Accident Prevention
The Contractor shall comply with all applicable federal, state and local laws governing safety, health and sanitation. The Contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions, as its own responsibility, reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of this Contract.
21. Drug-Free Workplace Act of the State of California
Contractor certifies under penalty of perjury under the laws of the State of California that the Contractor will comply with the requirements of the Drug-Free Workplace Act of 1990.
22. Indemnification
Contractor shall indemnify, defend and hold harmless the Authority, CDC, the County, and their elected and appointed officers, employees, and agents from and against any and all liability, including but not limited to demands, claims, actions, fees, costs, and expenses (including attorney and expert witness fees), arising from or connected with Contractor’s acts and/or omissions arising from and/or relating to this Contract.
23. Successors and Assignment
This Contract may not be assigned by the Contractor except with prior written consent of the Executive Director of the Authority, or his designee. However, the Authority reserves the right to assign this Contract to another public agency without the consent of the Contractor.
24. Subcontracting
The Contractor may subcontract only those specific portions of work allowed in the original specifications covered by this Contract with prior written approval by the Authority.
The Contractor will be fully responsible to the Authority for the acts and omissions of his subcontractors, and of persons either directly or indirectly employed by them.
The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the work to bind subcontractors to the Contractor by the terms of the General Conditions and other contract documents.
Nothing contained in this Contract shall create any contractual relation between subcontractor and the Authority.
25. Compliance with Laws
The Contractor agrees to be bound by applicable federal, state and local laws, regulations, and directives as they pertain to the performance of this Contract. This Contract is subject to and incorporates the terms of the Housing and Community Development Act of 1974, as amended by the Cranston Gonzalez National Affordable Housing Act, 1990, and the 24 Code of Federal Regulations (CFR) Part 85; the Copeland “Anti-Kickback” Act Requirements, 29 CFR Part 3.
The Contractor must acquire and present all relevant state and local insurance, training and licensing pursuant to services required within this Contract.
Contractor shall comply with the following laws and ordinances in Paragraphs 26 through 38 below:
26. Notices to Employees Regarding the Federal Earned Income Credit
Contractor shall notify its employees, and shall require each subcontractor to notify its employees, that they may be eligible for the Federal Earned Income Credit under the federal income tax laws. Such notice shall be provided in accordance with the requirements set forth in Internal Revenue Service Notice 1015.
27. Civil Rights Act of 1964, Title VI (Non-discrimination in Federally Assisted Programs)
Contractor shall comply with the Civil Rights Act of 1964 Title VI which provides that no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.
28. Section 109 of the Housing and Community Development Act of 1974
Contractor shall comply with Section 109 of the Housing and Community Development Act of 1974 which states that no person in the United States shall, on the grounds of race, color, national origin, or sex 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 under this title.
29. Executive Order 11246 and 11375, Equal Opportunity in Employment (Non-discrimination in Employment by Government Contractors and Subcontractors)
Contractor shall comply with Executive Order 11246 and 11375, Equal Opportunity in Employment which requires that during the performance of this Contract, the Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated fairly during employment, without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of the non-discrimination clause.
The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin.
The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency of the Contractor's commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. The Contractor will comply with all provisions of Executive Order No. 11246 of September 24, 1965, and of the rules, regulations and relevant orders of the Secretary of Labor.
The Contractor will furnish all information and reports required by the Executive Order and by the rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to its books, records, and accounts by the Authority and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders.
In the event of Contractor's noncompliance with the non-discrimination clauses of this Contract or with any of such rules, regulations or orders, this Contract may be canceled, terminated or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in the Executive Orders and such other sanctions may be imposed and remedies invoked as provided in the Executive Order or by rule, regulation or order of the Secretary of Labor, or as otherwise provided by law.
The Contractor will include the provisions of these paragraphs in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of the Executive Order No. 11246 of September 24, 1965, that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such actions with respect to any subcontract or purchase order as the Authority may direct as a means of enforcing such provisions including sanctions for noncompliance, provided however, that in the event the Contractor becomes involved in, or is threatened with litigation with a subcontractor or vendor as a result of such direction by the Authority, the Contractor may request the United States to enter into such litigation to protect the interests of the United States.
30. Section 3 of the Housing and Community Development Act of 1968, As Amended, 12 U.S.C. 1701 Et Seq.
Contractor shall comply with Section 3 of the Housing and Community Development Act of 1968, as Amended 12 U.S.C. 1701u (Section 3), which requires that to the greatest extent feasible opportunities for training and employment be given to lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in or owned in substantial part by persons residing in the area of the project.
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.
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.
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, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the persons(s) taking applications for each of the positions; and the anticipated date the work shall begin.
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 action, 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.
The Contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the Contractor is selected but before the Contract is executed and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the Contractor’s obligations under 24 CFR Part 135.
Non-compliance 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.
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. 450e) 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 (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).
31. Age Discrimination Acts of 1975 and Section 504 of the Rehabilitation Act of 1973
No person in the United States shall be excluded from participating in, denied the benefits of, or subject to discrimination under this agreement on the basis of age or with respect to an otherwise qualified handicapped individual.
32. County Lobbyist Ordinance
Contractor and each County lobbyist or County lobbyist firm, as defined in Los Angeles County Code Chapter 2.160 (County Ordinance 93-0031), retained by the Contractor, shall fully comply with the requirements as set forth in said County Code. The Contractor must also certify in writing that they are familiar with the Los Angeles County Code Chapter 2.160 and that all persons acting on behalf of the Contractor will comply with the County Code.
Failure on the part of the Contractor and or Lobbyist to fully comply with the County Lobbyist requirements shall constitute a material breach of the Contract upon which the Authority may immediately terminate this Contract and the Contractor shall be liable for civil action.
33. Federal Lobbyist Requirements
The Contractor is prohibited by the Department of Interior and Related Agencies Appropriations Act, known as the Byrd Amendments, and HUD's 24 Code of Federal Regulations (CFR) Part 87, from using federally appropriated funds for the purpose of influencing or attempting to influence an officer or employee of any agency, a Member of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, loan or cooperative agreement, and any extension, continuation, renewal, amendment or modification of said documents.
The Contractor must certify in writing that they are familiar with the Federal Lobbyist Requirements and that all persons and/or subcontractors acting on behalf of the Contractor will comply with the Lobbyist Requirements.
Failure on the part of the Contractor or persons/subcontractors acting on behalf of the Contractor to fully comply with the Federal Lobbyist Requirements shall be subject to civil penalties.
34. Contractor's Warranty of Adherence to County's Child Support Compliance Program
The Contractor acknowledges that the County has established a goal of ensuring that all individuals who benefit financially from the County or the Authority through contracts which are in compliance with their court-ordered child, family and spousal support obligations in order to mitigate the economic burden otherwise imposed upon the County and its taxpayers.
As required by the County's Child Support Compliance Program (County Code Chapter 2.200) and without limiting Contractor's duty under this Contract to comply with all applicable provisions of law, the Contractor warrants that it is now in compliance and shall during the term of this Contract maintain compliance with employment and wage reporting requirements as required by the Federal Social Security Act (42 USC Section 653a) and California Unemployment Insurance Code Section 1088.5, and shall implement all lawfully served Wage and Earnings Assignment for Child or Spousal Support, pursuant to Code of Civil Procedure Section 706.031 and Family Code Section 5246(b).
35. Termination For Breach of Warranty to Maintain Compliance with County's Child Support Compliance Program
Failure of the Contractor to maintain compliance with the requirements set forth in Paragraph 34 "Contractor's Warranty of Adherence to County's Child Support Compliance Program" shall constitute a default by the Contractor under this Contract. Without limiting the rights and remedies available to the County or the Authority under any other provision of this Contract, failure to cure such default within ninety (90) days of notice by the Los Angeles County District Attorney shall be grounds upon which the Board of Commissioners may terminate this Contract pursuant to Paragraph 17, "Termination for Cause".
36. Post: Most Wanted Delinquent Parents List
The Contractor acknowledges that the County places a high priority on the enforcement of child support laws and the apprehension of child support evaders. The Contractor understands that it is the County's and the Authority's policy to voluntarily post a list entitled "L.A.'s Most Wanted: Delinquent Parents” poster in a prominent position at the Contractor's place of business. The District Attorney will supply the Contractor with the poster to be used.
37. Contractor Responsibilities and Debarment
a. A responsible Contractor is a Contractor who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity and experience to satisfactorily perform the contract. It is the policy of the County, the Commission and the Housing Authority to conduct business only with responsible contractors.
b. The Contractor is hereby notified that, in accordance with Chapter 2.202 of the County Code, if the County, which, as defined under Section 2.202.020, includes the Commission and the Housing Authority, acquires information concerning the performance of the Contractor on this or other contracts which indicates that the Contractor is not responsible, the County may, in addition to other remedies provided in the contract, debar the Contractor from bidding on County, Commission or Housing Authority contracts for a specified period of time not to exceed 3 years, and terminate any or all existing contracts the Contractor may have with the County, the Commission or the Housing Authority.
c. The Housing Authority may debar a contractor if the Board of Commissioners finds, in its discretion, that the Contractor has done any of the following: (1) violated any term of a contract with the County, the Commission or the Housing Authority, (2) committed any act or omission which negatively reflects on the Contractor's quality, fitness or capacity to perform a contract with the County, the Commission or the Housing Authority or any other public entity, or engaged in a pattern or practice which negatively reflects on same, (3) committed an act or offense which indicates a lack of business integrity or business honesty, or (4) made or submitted a false claim against the County, the Commission or the Housing Authority or any other public entity.
d. If there is evidence that the Contractor may be subject to debarment, the Housing Authority will notify the Contractor in writing of the evidence which is the basis for the proposed debarment and will advise the Contractor of the scheduled date for a debarment hearing before the Contractor Hearing Board.
e. The Contractor Hearing Board will conduct a hearing where evidence on the proposed debarment is presented. The Contractor and/or the Contractor’s representative shall be given an opportunity to submit evidence at that hearing. After the hearing, the Contractor Hearing Board shall prepare a proposed decision, which shall contain a recommendation regarding whether the Contractor should be debarred, and, if so, the appropriate length of time of the debarment. If the Contractor fails to avail itself of the opportunity to submit evidence to the Contractor Hearing Board, the Contractor may be deemed to have waived all rights of appeal.
f. A record of the hearing, the proposed decision and any other recommendation of the Contractor Hearing Board shall be presented to the Board of Commissioners. The Board of Commissioners shall have the right to modify, deny or adopt the proposed decision and recommendation of the Hearing Board.
g. These terms shall also apply to subcontractors of County, Commission or Housing Authority Contractors.
38. Use of Recycled-Content Paper Products
Consistent with the Los Angeles County Board of Supervisors’ policy to reduce the amount of solid waste deposited at the County landfills, the Contractor agrees to use recycled-content paper to the maximum extent possible on this project.
39. Access and Retention of Records
Contractor shall provide access to the Authority, the Federal Grantor agency, the Comptroller General of the United States, or any of their duly authorized representatives to any books, documents, papers and records of the Contractor which are directly pertinent to the specific contract for the purpose of making audits, examinations, excerpts and transcriptions. The Contractor is required to retain the aforementioned records for a period of five years after the Authority pays final payment and other pending matters are closed under this Contract.
40. Conflict of Interest
The Contractor represents, warrants and agrees that to the best of its knowledge, it does not presently have, nor will it acquire during the term of this Contract, any interest direct or indirect, by contract, employment or otherwise, or as a partner, joint venturer or shareholder (other than as a shareholder holding a one percent (1%) or less interest in publicly traded companies) or affiliate with any business or business entity that has entered into any contract, subcontract or arrangement with the Authority. Upon execution of this Contract and during its term, as appropriate, the Contractor shall disclose in writing to the Authority any other contract or employment during the term of this Contract by any other persons, business or corporation in which employment will or may likely develop a conflict of interest between the Authority's interest and the interests of the third parties.
41. Confidentiality
The Contractor shall maintain strict confidentiality in accordance with all applicable State and Federal laws and the Authority's regulations and rules. The Contractor agrees to keep files and documents related to this Contract in strict confidence and agrees not to publish, reproduce or otherwise divulge such information in whole or in part, in any manner or form, or to authorize or permit unauthorized access to the subject information.
42. Ownership of Documents
All papers and non-paper media, original documents, surveys, reports, information and notes prepared in the course of providing the services to be performed pursuant to this Contract shall become the sole property of the Housing Authority and may be used, reused or otherwise disposed of by the Housing Authority without the permission of the Agency. Upon termination of this Contract by its terms or for any other reason, the Contractor shall turn over to the Housing Authority all documents generated by the Agency under this Contract.
43. Copyright
No report, maps, or other documents produced in whole or in part under this Contract shall be the subject of an application for copyright by or on behalf of the Contractor. All documents become the property of the Authority and the Authority holds all rights to said data.
44. Severability
In the event that any provision herein contained is held to be invalid, void, or illegal by any court of competent jurisdiction, the same shall be deemed severable from the remainder of this Contract and shall in no way affect, impair or invalidate any other provision contained herein. If any such provision shall be deemed invalid due to its scope or breadth, such provision shall be deemed valid to the extent of the scope or breadth permitted by law.
45. Interpretation
No provision of this Contract is to be interpreted for or against either party because that party or that party's legal representative drafted such provision, but this Contract is to be construed as if it were drafted by both parties hereto.
46. Waiver
No breach of any provision hereof can be waived unless in writing. Waiver of any one breach of any provision shall not be deemed to be a waiver of any breach of the same or any other provision hereof.
47. Notices
Notices provided for in this Contract shall be in writing and shall be addressed to the person intended to receive the same, at the following address:
The Authority: Housing Authority of the County of Los Angeles
Housing Management Division
Attn: Maria Badrakhan, Director
2 Coral Circle
Monterey Park, CA 91755
The Contractor: Jewish Family Service of Los Angeles
Attn: Paul S. Castro
6505 Wilshire Blvd. 5th floor.
Los Angeles, CA 90036
Notices addressed as above provided shall be deemed delivered when mailed by U.S. Mail or when delivered in person with written acknowledgement of the receipt thereof. The Contractor and the Authority may designate a different address or addresses for notices to be sent by giving written notice of such change of address to all other parties entitled to receive notice.
48. Non-Exclusivity of Contract
It is expressly understood and agreed by the Contractor that this Contract is non-exclusive and that the Authority may enter into similar contracts with other parties for services of an identical nature provided herein.
49. Entire Contract
This Contract with attachments constitutes the entire understanding and agreement of the parties.
SIGNATURES
IN WITNESS WHEREOF, the Contractor and the Authority have executed this Contract through their duly authorized officers.
THE HOUSING AUTHORITY OF THE JEWISH FAMILY SERVICES
COUNTY OF LOS ANGELE OF LOS ANGELES
By By
Carlos Jackson Paul S. Castro
Executive Director Executive Director
APPROVED AS TO FORM: APPROVED AS TO PROGRAM:
LLOYD W. PELLMAN MARIA BADRAKHAN
County Counsel Housing Management Division
By By
Deputy Director
END CONTRACT
ATTACHMENT A
SCOPE OF SERVICES
CONTRACTOR SHALL:
· Market to all residents that may need services.
· Hold informal gatherings inviting residents to speak about their issues and concerns.
· Provide case management and counseling services to residents on an as-needed basis.
· Provide two social workers that will implement case management, counseling, and recreational programs and services to senior residents.
· Provide counseling sessions to go over residents’ needs and formulate a case management plan for residents.
· Offer counseling to residents to work through issues of displacement, anxiety, fear, and loss.
· Network and partner with the residents, Housing Authority, apartment management, neighborhood communities, and established resources to provide seniors with various types of senior care at a free/low cost or sliding scale cost. Services to be provided by the agencies or vendors may include but are not limited to the following:
o Meal programs,
o Monitoring by phone of resident’s on-going needs,
o In-home supportive services (housekeeping, bathing, meal preparation, etc.),
o And referrals to private or public hospitals and healthcare resources
· Be responsible for following-up to assure that the needs of the residents have been met.
· Submit a monthly invoice, summarizing activities for the month, by the 15th of the following month to Jacque Nelson, Resident Initiatives Supervisor.
· Submit a monthly report with the monthly invoice for the month, by the 15th of the following month to Jacque Nelson, Resident Initiatives Supervisor. Identify (1) number of residents counseled for each case; (2) reason for counseling; (3) referral to which agency; (4) status and progress of each case, (5) pre and post evaluation status. Each case shall be coded so that the identity of the client remains confidential.
· Submit a monthly expenditure statement reporting disbursements for the case managed care budget, along with the monthly invoice and report by the 15th of the following month to Jacque Nelson, Resident Initiatives Supervisor.
ATTACHMENT B
BUDGET
PROJECTED BUDGET
(01/02/01-04/02/2002)
Item Type |
Description |
Total |
Expenses:
SUBTOTAL: |
One Program Director, and two Case Workers Office expenses:
|
$32,475.00 $8,050.00 $40,525.00 |
|
Purchased Services SUBTOTAL: |
Home Delivered Meals Homemaker (bathing, cooking, cleaning, Escort to MD, etc.) Emergency equipment |
$3,750.00 $48,000.00 $3,575.00 $55,325.00 |
|
Monthly Amount: |
$ 6,390.00 | |
|
Total Amount for 15 months: |
$95,850.00 |