HomeMy WebLinkAbout2007 CON American Lung Association - Healthy Homes InspectionsAGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
AMERICAN LUNG ASSOCIATION OF CALIFORNIA
THIS AGREEMENT is entered into this 5th day of June 2007, by and between the
CITY OF NATIONAL. CITY, a municipal corporation (the "CITY"), and the American Lung
Association of California, a California nonprofit corporation (the "CONTRACTOR").
RECITALS
WHEREAS, the CITY desires to employ a CONTRACTOR to provide Healthy
Homes Environmental Assessments.
WHEREAS, the CITY has determined that the CONTRACTOR is a California
nonprofit corporation and is qualified by experience and ability to perform the services desired by
the CITY, and the CONTRACTOR is willing to perform such services.
NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS
FOLLOWS:
1. ENGAGEMENT OF CONTRACTOR. The CITY hereby agrees to engage
the CONTRACTOR and the CONTRACTOR hereby agrees to perform the services hereinafter set
forth in accordance with all tents and conditions contained herein.
The CONTRACTOR represents that all services required hereunder will he
performed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR.
2. SCOPE OF SERVICES. The CONTRACTOR will perform services as set
forth in the attached Exhibit "A".
The CONTRACTOR shall he responsible for all research and reviews related to the
work and shall not rely on personnel of the CITY for such services, except as authorized in advance
by the CITY. The CONTRACTOR shall appear at meetings cited in Exhibit "A" to keep staff and
City Council advised of the progress on the project.
3. PROJECT COORDINATION AND SUPERVISION. Rosemary Toscano
hereby is designated as the Project Manager for the CITY and will monitor the progress and
execution of this Agreement. The CONTRACTOR shall assign a single Project Director to provide
supervision and have overall responsibility for the progress and execution of this Agreement for the
CONTRACTOR. Lorna Hardin thereby is designated as the Project Director for the
CONTRACTOR.
4. COMPENSATION AND PAYMENT. The compensation for the
CONTRACTOR shall be based on monthly billings covering actual work performed. Billings shall
include labor classifications, respective rates, hours worked and also materials, if any. The total cost
for all work described in Exhibit "A" shall not exceed the schedule given in Exhibit "B" (the Base
amount) without prior written authorization from the Project Manager. Monthly invoices will he
processed for payment and remitted within thirty (30) days from receipt of invoice, provided that
work is accomplished consistent with Exhibit "A" as determined by the CITY and provided that all
the required supporting documentation has been submitted with the invoice (reimbursement
request).
The CONTRACTOR shall maintain all books, documents, papers, employee time
sheets, accounting records, and other evidence pertaining to costs incurred and shall make such
materials available at its office at all reasonable times during the term of this Agreement and for
three (3) years from the date of final payment under this Agreement, for inspection by the CITY and
for furnishing of copies to the CITY, if requested.
5. LENGTH OF AGREEMENT. Completion dates or time durations for
specific portions of the Project are set forth in Exhibit "C".
6. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The
Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the
CONTRACTOR for this Project, whether paper or electronic, shall become the property of the
CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of
the Project, or any phase thereof, as. contemplated by this Agreement.
Contemporaneously with the transfer of documents, the CONTRACTOR hereby
assigns to the CITY and CONTRACTOR thereby expressly waives and disclaims, any copyright in,
and the right to reproduce, all written material, drawings, plans, specifications or other work
prepared under this agreement, except upon the CITY's prior authorization regarding reproduction,
which authorization shall not be unreasonably withheld. The CONTRACTOR shall, upon request of
the CITY, execute any further document(s) necessary to further effectuate this waiver and
disclaimer.
The CONTRACTOR agrees that the CITY may use, reuse, alter, reproduce, modify,
assign, transfer, or in any other way, medium or method utilize the CONTRACTOR's written work
product for the CITY's purposes, and the CONTRACTOR expressly waives and disclaims any
residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property
and artistic works.
Any modification or reuse by the CITY of documents, drawings or specifications
prepared by the CONTRACTOR shall relieve the CONTRACTOR from liability under Section 14
but only with respect to the effect of the modification or reuse by the CITY, or for any liability to
the CITY should the documents be used by the CITY for some project other than what was
expressly agreed upon within the Scope of this project, unless otherwise mutually agreed.
7. INDEPENDENT CONTRACTOR. Both parties hereto in the performance
of this Agreement will he acting in an independent capacity and not as agents, employees, partners
or joint venturers with one another. Neither the CONTRACTOR nor the CONTRACTOR'S
employees are employees of the CITY and are not entitled to any of the rights, benefits, or
privileges of the CITY's employees, including but not limited to retirement, medical,
unemployment, or workers' compensation insurance.
This Agreement contemplates the personal services of the CONTRACTOR and the
CONTRACTOR'S employees, and it is recognized by the parties that a substantial inducement to
the CITY for entering into this Agreement was, and is, the professional reputation and competence
of the CONTRACTOR and its employees. Neither this Agreement nor any interest herein may be
assigned by the CONTRACTOR without the prior written consent of the CITY. Nothing herein
contained is intended to prevent the CONTRACTOR from employing or hiring as many employees,
or subcontractors, as the CONTRACTOR may deem necessary for the proper and efficient
performance of this Agreement. All agreements by CONTRACTOR with its subcontractor(s) shall
require the subcontractor to adhere to the applicable terms of this Agreement.
8. CONTROL. Neither the CITY nor its officers, agents or employees shall
have any control over the conduct of the CONTRACTOR or any of the CONTRACTOR's
employees except as herein set forth, and the CONTRACTOR expressly agrees not to represent that
the CONTRACTOR or the CONTRACTOR's agents, servants, or employees are in any manner
agents, servants or employees of the CITY, it being understood that the CONTRACTOR, its agents,
servants, and employees are as to the CITY wholly independent contractors and that the
CONTRACTOR's obligations to the CITY are solely such as are prescribed by this Agreement.
9. COMPLIANCE WITH APPLICABLE LAW. The Parties, in the
performance of the services to he provided herein, shall comply with all applicable State and
Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of
National City, whether now in force or subsequently enacted. The CONTRACTOR shall obtain and
maintain a current City of National City business license prior to and during performance of any
work pursuant to this Agreement.
10. LICENSES, PERMITS, ETC. The CONTRACTOR represents and
covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that ate
legally required to practice its profession. The CONTRACTOR represents and covenants that the
CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the term of this
Agreement, any license, permit, or approval which is legally required for the CONTRACTOR to
practice its profession.
11. STANDARD OF CARE.
A. The CONTRACTOR, in performing any services under this
Agreement, shall perform in a manner consistent with that level of care and skill ordinarily
exercised by members of the CONTRACTOR'S trade or profession currently practicing under
similar conditions and in similar locations. The CONTRACTOR shall take all special precautions
necessary to protect the CONTRACTOR's employees and members of the public from risk of harm
arising out of the nature of the work and/or the conditions of the work site.
B. Unless disclosed in writing prior to the date of this agreement, the
CONTRACTOR warrants to the CITY that it is not now, nor has it for the five (5) years preceding,
been debarred by a governmental agency or involved in debarment, arbitration or litigation
proceedings concerning the CONTRACTOR's professional performance or the furnishing of
materials or services relating thereto.
C. The CONTRACTOR is responsible for identifying any unique
products, treatments, processes or materials whose availability is critical to the success of the
project the CONTRACTOR has been retained to perform, within the time requirements of the
CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly,
unless the CONTRACTOR has notified the CITY otherwise, the CONTRACTOR warrants that all
products, materials, processes or treatments identified in the project documents prepared for the
CITY are reasonably commercially available. Any failure by the CONTRACTOR to use due
diligence under this sub -paragraph will render the CONTRACTOR liable to the CITY for any
increased costs that result from the CITY's later inability to obtain the specified items or any
reasonable substitute within a price range that allows for project completion in the time frame
specified or, when not specified, then within a commercially reasonable time.
12. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR shall not
discriminate against any employee or applicant for employment because of age, race, color,
ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or
medical condition. The CONTRACTOR will take positive action to ensure that applicants are
employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital
status, national origin, physical handicap, or medical condition. Such action shall include but not be
limited to the following:
employment, upgrading, demotion, 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 any notices provided by the CITY setting forth the provisions of this
non-discrimination clause.
13. CONFIDENTIAL INFORMATION. The CITY may from time to time
communicate to the CONTRACTOR certain confidential information to enable the
CONTRACTOR to effectively perform the services to be provided herein. The CONTRACTOR
shall treat all such information as confidential and shall not disclose any part thereof without the
prior written consent of the CITY. The CONTRACTOR shall limit the use and circulation of such
information, even within its own organization, to the extent necessary to perform the services to be
provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of
the information that (i) has been disclosed in publicly available sources of information; (ii) is,
through no fault of the CONTRACTOR, hereafter disclosed in publicly available sources of
information; (iii) is already in the possession of the CONTRACTOR without any obligation of
confidentiality; (iv) is required to be disclosed to a third party by law; or (v) has been or is hereafter
rightfully disclosed to the CONTRACTOR by a third party, but only to the extent that the use or
disclosure thereof has been or is rightfully authorized by that third party.
The CONTRACTOR shall not disclose any reports, recommendations, conclusions or
other results of the services or the existence of the subject matter of this Agreement without the
prior written consent of the CITY. In its performance hereunder, the CONTRACTOR shall comply
with all legal obligations it may now or hereafter have respecting the information or other property
of any other person, firm or corporation.
CONTRACTOR shall be liable to CITY for any damages caused by breach of this
condition, pursuant to the provisions of Section 14.
14. INDEMNIFICATION AND HOLD HARMLESS. The CONTRACTOR
agrees to defend, indemnify, and hold harmless the City of National City, its officers and
employees, against and from any and all liability, loss, damages to property, injuries to, or death of
any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys'
fees, and defense costs, of any kind or nature, including workers compensation claims, of or by
anyone whomsoever, resulting from or arising out of the CONTRACTOR's negligent performance
of this Agreement.
The CITY agrees to defend, indemnify, and hold harmless the CONTRACTOR, its
officers and employees, against and from any and all liability, loss, damages to property, injuries to,
or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable
attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims,
of or by anyone whomsoever, resulting from or arising out of the CITY's negligent performance of
this Agreement
15. WORKERS' COMPENSATION. The CONTRACTOR shall comply with
all of the provisions of the Workcrs' Compensation Insurance and Safety Acts of the State of
California, the applicable provisions of Division 4 and 5 of the California Government Code and all
amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify,
and hold harmless the CITY and its officers, and employees from and against all claims, demands,
payments, suits, actions, proceedings and judgments of every nature and description, including
reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its
officers, employees, or volunteers, for or on account of any liability under any of said acts which
may be incurred by reason of any work to be performed by the CONTRACTOR under this
Agreement.
16. INSURANCE. The CONTRACTOR, at Its sole cost and expense, shall
purchase and maintain, and shall require Its subcontractors, when applicable, to purchase and
maintain throughout the term of this agreement, the following insurance policies, or programs of
self-insurance:
A. If checked, Professional Liability Insurance (errors and omissions) with
minimum limits at$$1,000,000 per occurrence.
B. Automobile insurance covering alt bodily injury and property damage
incurred during the performance of this Agreement, with a minimum coverage of $1,000,000
combined single limit per accident. Such automobile insurance shall include non -owned vehicles.
C. Comprehensive general liability insurance, with minimum limits of
$1,000,000 combined single limit per occurrence, covering all bodily injury and property damage
arising out of its operation under this Agreement.
D. Workers' compensation insurance covering all of CONTRACTOR's
employees.
E. The aforesaid policies shall constitute primary insurance as to the CITY, its
officers, employees, and volunteers, but only to the extent that the liability arises from the acts of
CONTRACTOR and its officers, employees, and volunteers. Any other policies held by the CITY
shall not contribute to any loss under said insurance, except to the extent said loss is caused by the
CITY, its officers, employees, and volunteers. Said policies shall provide for thirty (30) days prior
written notice to the CITY of cancellation or material change.
F. If required insurance coverage is provided on a "claims made" rather than
"occurrence" form, the CONTRACTOR shall maintain such insurance coverage (or three years
after expiration of the term (and any extensions) of this Agreement.
G. Any aggregate insurance limits must apply solely to this Agreement.
H. This Agreement shall not take effect until certificate(s) or other sufficient
proof that these insurance provisions have been complied with, are filed with and approved by the
CITY's Risk Manager. If the CONTRACTOR does not keep all of such insurance policies in full
force and effect at all times during the terms of this Agreement, the CITY may elect to treat the
failure to maintain the requisite insurance as a breach of this Agreement and terminate the
Agreement as provided herein.
17. LEGAL FEES. If any party brings a suit or action against the other party
arising from any breach of any of the covenants or agreements or any inaccuracies in any of the
representations and warranties on the part of the other party arising out of this Agreement, then in
that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court
settlement, shall be entitled to have and recover of and from the other party all costs and expenses
of suit, including attorneys' fees.
For purposes of determining who is to be considered the prevailing party, it is
stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be
considered in determining the amount of the judgment or award.
18. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this
Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by
mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the
American Arbitration Association (the "AAA") before resorting to arbitration. The costs of
mediation shall he borne equally by the parties. Any controversy or claim arising out of, or relating
to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by
arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the
AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a
judgment thereon may be entered in any court having jurisdiction over the subject matter of the
controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration,
provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys'
fees, except that the arbitrator may assess such expenses or any part thereof against a specified party
as part of the arbitration award.
19. TERMINATION.
A. This Agreement may be terminated with or without cause by either Party.
Termination without cause shall be effective only upon 60-day's written notice! During said 60-day
period the Parties shall perform all services in accordance with this Agreement.
B. This Agreement may also be terminated immediately by either Party for cause
in the event of a material breach of this Agreement.
C.This Agreement may also be terminated immediately by CITY for
misrepresentation by the CONTRACTOR in connection with the formation of this Agreement or
the performance of services, or the failure to perform services as directed by the CITY.
D. Termination with or without cause shall be effected by delivery of written
Notice of Termination as provided for herein.
E. In the event of termination, all finished or unfinished Memoranda Reports,
Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR,
whether paper or electronic, shall immediately become the property of and be delivered to the
CITY, and the CONTRACTOR shall be entitled to receive compensation as provided in this
Agreement for any work satisfactorily completed on such documents and other materials up to the
effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less
any damages caused the CITY by the CONTRACTOR's breach, if any. Thereafter, ownership of
said written material shall vest in the CITY all rights set forth in Section 6.
F. The CITY further reserves the right to immediately terminate this Agreement
upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; (2) a reorganization
of the CONTRACTOR for the benefit of creditors: or (3) a business reorganization, change in
business name or change in business status of the CONTRACTOR.
20. NOTICES. All notices or other communications required or permitted
hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal
Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested;
or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex,
telecopy, facsimile or fax.; and shall be deemed received upon the earlier of (I) if personally
delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by
overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed
by registered, certified or ordinary mail, five (5) days (ten (1 0) days if the address is outside the
State of California) after the date of deposit in a post office, mailbox, mail chute, or other like
facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable,
when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy,
facsimile or fax, when sent. Any notice, request, demand, direction or other communication
delivered or sent as specified above shall be directed to the following persons:
To the CITY:
Rosemary Toscano
HUD Grants Specialist
City of National City
1243 National City Boulevard
National City, CA 91950-4301
To the CONTRACTOR: Lorna Hardin
Associate Program Director
American Lung Association of California
2750 4th Avenue
San Diego, CA 92103
Notice of change of address shall be given by written notice in the manner specified
in this Section. Rejection or other refusal to accept or the inability to deliver because of changed
address of which no notice was given shall be deemed to constitute receipt of the notice, demand,
request or communication sent. Any notice, request, demand, direction or other communication sent
by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter
mailed or delivered as specified in this Section.
21. CONFLICT OF INTEREST AND POLITICAL REFORM ACT
OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not perform
services of any kind for any person or entity whose interests conflict in any way with those of the
City of National City. The CONTRACTOR also agrees not to specify any product, treatment,
process or material for the project in which the CONTRACTOR has a material financial interest,
either direct or indirect, without first notifying the CITY of that fact.
❑ If checked, the CONTRACTOR shall comply with all of the reporting
requirements of the Political Reform Act and the National City Conflict of Interest Code.
Specifically, the CONTRACTOR shall file a Statement of Economic Interests with the City Clerk
of the City of National City in a timely manner on forms, which the CONTRACTOR shall obtain
from the City Clerk.
The CONTRACTOR shall be strictly liable to the CITY for all damages, costs or
expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the
CONTRACTOR.
22. MISCELLANEOUS PROVISIONS.
A. Computation at Time Periods. If any date or time period provided for in this
Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall
automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday,
Sunday or federal, state or legal holiday.
B. Counterparts. This Agreement may be executed in multiple counterparts, each
of which shall be deemed an original, but all of which, together, shall constitute but one and the
same instrument,
C. Captions. Any captions to, or headings of, the sections or subsections of this
Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and
shall not be used for the interpretation or determination of the validity of this Agreement or any
provision hereof.
D. No Obligations to Third Parties. Except as otherwise expressly provided
herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon,
or obligate any of the parties hereto, to any person or entity other than the parties hereto.
E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are
hereby incorporated herein by this reference for all purposes.
F. Amendment to this Agreement. The terms of this Agreement may not be
modified or amended except by an instrument in writing executed by each of the parties hereto.
G. Waiver. The waiver or failure to enforce any provision of this Agreement shall
not operate as a waiver of any future breach of any such provision or any other provision hereof.
H. Applicable Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of California.
I. Entire Agreement. This Agreement supersedes any prior agreements,
negotiations and communications, oral or written, and contains the entire agreement between the
parties as to the subject matter hereof. No subsequent agreement, representation, or promise made
by either party hereto, or by or to an employee, officer, agent or representative of any party hereto
shall be of any effect unless it is in writing and executed by the party to be bound thereby.
J. Successors and Assigns. This Agreement shall be binding upon and shall inure
to the benefit of the successors and assigns of the parties hereto.
K. Const,niction. The parties acknowledge and agree that (i) each party is of equal
bargaining strength, (ii) each party has actively participated in the drafting, preparation and
negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to
consult with its own, independent counsel and such other professional advisors as such party has
deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each
party and such party's counsel and advisors have reviewed this Agreement, (v) each party has
agreed to enter into this Agreement following such review and the rendering of such advice, and
(vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting
party shall not apply in the interpretation of this Agreement, or any portions hereof, or any
amendments hereto.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
date and year first above written.
CITY OF NATIONAL CITY
By:
on Morrison, Mayor
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
AMERICAN LUNG ASSOCIATION
OF CALIFORNIA
(Corporation signatures of two corporate officers)
(Partnership — one signature)
(Sole proprietorship one signature)
By:
Laura Boudreau
Chief Operating Officer
Glenn Maddalon
Regional Vice President
EXHIBIT A
SCOPE OF SERVICES
101. Provide Healthy Homes Environmental Assessments (EA) in 450 low-income homes in
National City west of the 805 freeway.
a. The American Lung Association of California (ALAC) will have two (2) asthma
coordinators conduct an Environmental Assessments in 450 housing units that have
been identified by either National City or by Environmental Health Coalition (EHC)
as having hazards and that have families that meet the Healthy Homes Program's
eligibility criteria.
b. The EA's to be conducted by ALAC will consist of three (3) in -home visits:
1.) The initial visit, 2.) The 3-month follow-up visit and 3.) The 6-month follow-
up/post visit.
1.) The Initial EA Visit
The "initial EA" to be conducted by ALAC will be performed in tandem with a
National City housing inspector. In cases where the structural inspection and/or
sampling and testing has already been performed, the asthma coordinators will
perform their initial assessment independently.
Upon completion of the "initial EA," the asthma coordinator will provide the family
with their individualized environmental assessment plan that will provide
recommendations for items they themselves can do to reduce health and safety
hazards that may be present in their home. In addition, the asthma educator will
provide National City with a "Recommendation Summary" listing the specific type(s)
of intervention needed to reduce health and safety hazards that were identified during
their initial assessment. These recommendations will be incorporated into the
program participant's Healthy Homes Environmental Action Plan (EAP), which will
be prepared for all 450 program participants.
2.) The 3-Month Follow-up Visit
The "3-month follow-up" visit will be performed independently by the asthma
coordinators. The "3-month follow-up" will be conducted to evaluate the
effectiveness of the individualized environmental assessment plan provided to the
family after the initial EA. During this visit the asthma educators will administer
reinforced education (if needed), answer questions, and/or provide the family with
referral information.
EXHIBIT A
SCOPE OF SERVICES (continued)
3.) The 6-Month Follow-up/Post Visit
Once again the "6-month follow-up" visit will be performed independently by the
asthma coordinators. This final visit will provide the asthma educators one last
opportunity to assist families with the implementation of their individualized
environmental assessment plans. In addition, during this final 6-month follow-up
visit, if the recommended intervention work (as noted in the program participant's
Healthy Homes EAP) has been competed, the asthma coordinators will assist both
National City and EHC; in administering the post evaluation. The post evaluation is
will assist the City of National City, the program partners, and HUD to assess the
overall effectiveness of the Healthy Homes Demonstration Grant Program.
c. If it is determined by the ALAC Asthma Coordinators that there is a child under the
age of 72 months with asthma, the family will be referred to area asthma education
programs. The EA administered by the asthma coordinators for this program;
however, will provide families with education related to asthma symptoms and
triggers, tips for reducing or eliminating the triggers, and referrals for accessing
health care. Families without health insurance will be referred to appropriate
agencies and/or community clinics for evaluation and assistance in applying for
available insurance programs.
d. The Asthma Coordinators will assist in collecting and processing data for program
related health outcomes for each program participant. This information will be
reported to National City at 6 months, 12 months and at the end of project.
102. American Lung Association of California project staff will attend monthly National City
Healthy Homes Project partner meetings. These meetings are mandatory and critical for
the exchange of information and completion of objectives.
103. American Lung Association of California staff will provide monthly progress reports by
the due date assigned by the National City Healthy Homes Project Manager.
American Lung Association of San Diego and Imperial Counties
Detailed 1-Year Budget Worksheet ATTACHMENT 2
Name and Address of CONTRACTOR:
American Lung Association
of California, San Dieqo Office
2750 Fourth Ave.
San Diego, CA 92103
Category
1. Personnel (Direct Labor)
Estimated
Hours
Rate per Hour
Estimated Cost
HUD Share
Local Share
Program Director (0.15 FTE)
414
$33.60
$13,910.40
$13,910.40
Asthma Coordinator (1.0 FTE)
2,763
$19.49
$53,850.87
$53,850.87
Asthma Coordinator (1.0 FTE)
2,763
$20.51
$56,669.13
$56,669.13
_
_
Administrative Assistant (0.10 FTE)
276
$16.41
$4,529.16
_ $4,529.16
Total Director Labor Cost
- _
5128,959.56
$124,430.40t
54,529.16
2. Fringe Benefits
Rate (%)
Base
Estimated Cost
HUD Share
Local Snare
21.80% 128,959.56
528,113.18
Total
Fnnge Benefits Cost
528,113.18
$27,125.83
5987.36--
3. Travel
Mileage
Rate per Mlle
Estimated Coat
HUD Share
Local Share
3a. Transportation - Local Private Vehicle
r,h
15,300
$ 0.485
57,420.50
'!
$7,420.50
Subtotal - Trans - I oral Private Vehicle
$7,420.50
$7.420.50
3b. Transportation - Airfare
Trips
Fare
Estimated Cost -.i. �.
HUD Share
Local Share
Subtotal - Transportation - Ariare
y
r
$0.00
$0.00
3c. Transportation - Other
Quantity
•'
Unit Cost
d..'.
Estimated Cost i
HUD Share
Local Share
Subtotal
- Transportation - Other
;..fi.. 'at yb, '.2;';;• -
$0.00
$0.00
3d. Per Diem or Subsistence (Indicate location)
..
Days`
Rate per Day
Estimated Cost
„ HUD Share
• '
Local Share
Subtotal Per
- Diem or Subsistence'Y'
: • < $0.00 $0.00
Total Travel Cost
57,420.50-
4. Equipment (Only items over $5,000 Depreciated value)
Quantity
Unit Cost
Estimated Cost
HUD Share
Local Share
Total Equipment Cost
..•I': �!-!i-"#:;",'.'!'•',,.,
i':;I;?
—II
50.00, 50.00.
5. Supplies & Materials (Items under $5,000 Depreciated Value)
-"4
5a. Consumable Supplies
Quantity
Unit Coat
4 HUD Share
Estimated Cost 1.y
Local Share
Subtotal
- Consumable Supplies
$0.00
5b. Non -Consumable Materials
Yy
Office Supplies
$1,020.00£}
Duplicating
$1,020.00
Cell $1,000.00 $1,000.00
phone $935.00
Subtotal - Non -Consumable Materials $9351
.—
$2,020.00
Total Supplies and Materials Cost kxiti $935
$2,966.00 , 52,020.00 $9351
6/1/2007
American Lung Association of San Diego and Imperial Counties
6. Consultants (Type)
Days
Rate/Day
HUD Share
Estimated Cost "
Local Share
Total Consultants Cost
$0.00
ti'
":;';':
.r
r
$0.00
7. Contracts and Sub -Grantees (List Individually)
Quantity
Unit Cost
Estimated Coat
HUD Shure
,
Local Share
Total Subcontracts Coat
8. Construction Cops
Quantity
Unit Cost
HUD Share Local Share
Estimated Cost
r
Total Construction Costs 'e'ltri,
„a s!
$0.00
9. Other Direct Costs
Quantity
Unit Cost
HUD Share
Estimated Coat
Local Shure
Total Other Direct Costs
$0.00
$0.00
$0.00
Subtotal of Direct Coate
$167,448.24
$160,996.73
$6,451.52
y4
10. Indirect Costs
Rate
Base I
Estimated Cost
II
HUD Share
Local Share
$
Total Indirect Costs 12.5
128,95956
$16,119.95
$15,553.80
$566.15
Total Estimated Costs ^ti, ,., ; $183,668.19 $176,550.53
$7,017.66
6/1/2007
EXHIBIT B
COST SCHEDULE
201. The total compensation for all services performed pursuant to this Agreement shall not
exceed the sum of ONE HUNDRED SEVENTY-SIX THOUSAND FIVE HUNDRED
AND FIFTY DOLLARS AND FIFTY CENTS ($176,550.50) in Federal Funds.
Contractor's leveraged funds in the form of in kind services have been pledged in the
amount of SEVEN THOUSAND SEVENTEEN DOLLARS AND SIXTY-SIX CENTS
($7,017.66).
202. The CONTRACTOR acknowledges that the City is under no obligation to compensate the
CONTRACTOR for services rendered or expenses accrued under this Agreement in excess
of the maximum compensation specified above. It shall be the responsibility of the
CONTRACTOR to monitor its activities to ensure that the scope of services specified in
"Exhibit A" may be completed and no charges accrued in excess of the maximum
compensation during the term of this Agreement.
203. It is expressly understood that any expenditures by the CONTRACTOR which are not
within the prescribed limitations of this paragraph and Exhibit A and applicable laws,
rules, and regulations governing this Agreement are not chargeable to this Agreement.
204. Following execution of the HUD Agreement (Attachment 1), this Agreement and the
Request for Release of Funds, the CONTRACTOR may submit a request for funds to the
City specifying the amount due for services performed by the CONTRACTOR. Each
request shall:
1) Describe the services performed in detail,
2) Indicate the amount of federal and leveraged funds charged by line item on
Attachment 2, and
3) Include adequate and appropriate support documentation for the expenses claimed.
EXHIBIT C
LENGTH OF AGREEMENT
301. All services required pursuant to this Agreement shall commence eflective as of the date
the Agreement is fully executed and shall terminate on October 31, 2008.
06/05/2007 11:44 5168295857
PAGE 02
AGORA,
CERTIFICATE OF LIABILITY INSURANCE ALAO B
PRODUCER
SCS Agency, Inc.
P.O. Box 220493
11 Grace Avenue - Suite 300
Great Neck NY 11022-0493
Phone:516-466-6007 Fax:516-829-5857
DATE (WwDOfYYYY)
06105/07
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. TN IS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
INSURED
q.LA Of California
OaklanddCAt94621Y
INSURER A: P:siledelphle Insurance Company
INSURER B•
NAIC A
18058
INSURER C.
INSURER D.
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POL ICY 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 SY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERM I, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE SEEN REDUCED BY PAID CLAIMS.
` '�" • 'TJ
LIR -R. TYPE OF IN RANGE
POLICY EP1C4k Y p�IR1LTION !HATS
POLICY NUMBER DATE �M' DA (MMIODMI)
A
I : GENERAL LIABILITY
PRI 07/01/06
, $1, 000, 000
07/01/07
EACH $ 1, 0 0 0, 0 0 0
X ': X I COMMERCIAL GENERAL LIABILITY
OOEC1CURRENCE
I (Eaaturenco) I S 100,000
PREAtISESPK176836
1 I CLAIMS MADE OCCUR
MED EXP fAr1Y one MOW) S 10,000
X 'Professional Liab
PERSONALS AOV INJURY ! S 1,000,000
j
i GENERAL AGGREGATE 5 3, 0 0 0, 0 0 0
GENL AGGREGATE LIMIT APVUES PER.
pRoDUCTS. COMWOP AGG
1 $ 3,000,000
POLICY r I ,�[[.CT LOC
A
AUTOMOBILE LABILITY'
PRPK176836
I
I
I
I1
07/01/06
07/01/07
COMBINED SINGLE LIMIT 51,000,000
I (EaeMILIPPI)
AL ANYMJTO
ALL OWNED AUTOS
F..� SCHEDULED AUTOS
IA.HIRED AUTOS
—
i X NON -OWNED AUTOS
BODILY INJURY S
I(Pe FeAa,)
BODILY INJURY S -
. (Pa relden0
PP.O(PerPERTY DAMAGE S
emdenl)
I
IGARAGE LIABILRY
AUTO ONLY - EA ACCIDENT I S
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OTHER THAN
S
AUTO ONLY; AGG
S
EXCESS/UMBRELLA " �LIABILITY
OCCUR I� CLAIMS MADE
'
_
L I DEDUCTIBLE I
I RETENTION S
1
1 'EACH
OCCURRENCE 5
AGGREGATE S
I S
S
' s
•
WORKERBCOMPENEATION AND I I
EMPLOYERS' LIABILITY
ANY ►ROPRIETORPARTNEVEXECUTNE
OFFICER/MEMBER IXCLUDEDc I I
B y/a. Oucr a uric*) SPECIAL. PROVISIONS Wow
-
STORY LIMITSI ER
I E.L. EACH ACCIDENT I $
EL DISEASE - EA EMPLOYEE
1
L. DISEASE • POLICY LIMB'
S
OTHER
I I
DESCRIPTION OF OPERATION/ !LOCATIONS 1 VEHICLES EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS
RE: GRANT
"WITH RESPECT TO GENERAL LIABILITY, CITY OF NATIONAL CITY IS NAMED AS
ADDITIONAL INSURED UNDER BLANKET ADDITIONAL INSURED ENDORSEMENT AS REQUIRED
BY WRITTEN CONTRACT"
ELLA
CI VIOFN
CITY OP NATIONAL CITY
1243 NATIONAL CITY BLVD
NATIONAL CITY CA 91950
anwlfw wn mAl•••uw•
ENOULD ANY OF THE AROVF DESCRIBED POLICIES BE
DATE THERECIP, THE ISSUING INSURER WILL ENDEAVOR
NOTICE TO THE CERTIFICATE HOLDER NAMTO TH
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KI(
REPRESENTATIVES
CANCELLED BEFORE THE EXPIRATION
TO . 3 0 DAYS WRITTEN
i , T FAILURE TO DO SO SHALL
MIT
• N THE INSURER, 115 AGENTS OR
AIITHORIYEO O£PRESENTATIVE �2
ACORD CORPORATION 1988
ACORD, CERTIFICATE OF LIABILITY INSURANCE
OP ID F4
AMER-52
DATE (MM''DD/YYYV)
06/08/07
PRODUCER
(SF) Heffernan Insurance Brkrs
120 Howard Street, Suite 550
San Francisco CA 94105
Phone:415-778-0300 Fax:415-778-0301
INSURED
American Lung Assoc. of CA
Nedka Manolski Controller
424 Pendleton Way
Oakland CA 94621
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.
I INSURERS AFFORDING COVERAGE
INSURER A: EVEREST NATIONAL INS. CO.
INSURER B:
INSURER G.
INSURER D.
INSURER E:
NAIC x
COVERAGES
PERIOD INDICATED. NOTWITHSTANDING
T:I.S CERTIFICATE MAY BE ISSUED OR
EXCLUSIONS AND COND.TIONS OF SUCH
THE POLICIES OF INSURANCE . ISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY
ANY REQUIREMENT, T ERM OR CONDITION OF ANY CONTRACT CR OTHER DOCUMENT WITH RESPECT TO WHICH
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN :S SUB.:ECT TO ALL THE TERMS,
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
POLICY E140D,ITV! L TION
LTN9 TYPE OF INSURANCE POLICY NUMBER DATE (MM/DD,YY) A (UM/DD/YY) LISTS
LTR"
fir'
GENERAL UABILITY
: EACH OCCURRENCE S
COMMERCIAL GENERAL LIABILITY NOT APPLICABLE
DAMAGE
I PREMISEOS (ERETCTEI7—
aoaerence) is
CLAIMS MADE OCCUH I
' MED EXP (Any one person) - $
PERSONA- $ADV INJURY $
iGENERAL AGGREGATE S
GEN'L AGGREGATE LIMIT APPLIES PER: I PRODUCTS - COMP/OP AGG I
S
POLICY 1--I1--IPRO- -0C JECT
IAUTOMOBILE LIABILITY I
__, ANY AUTO NOT APPLICABLE
COMBINED SINGLE LIM.T
(Ea occident) $
AI.L OWNED AUTOS
BODILY INJURY
SCHEDULED AUTOS j
(Per person) $
HIRED AUTOS
—
SODiLY INJURY S
NON -OWNED AUTOS
;Per accAent; i
I
PROPERTY DAMAGE
I
(Per accidont)
[GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT S
ANY AUTO NOT APPLICABLE
I EA ACC $
I OTHER THAN
AUTO ONLY: AGO
I S
EXCESS/UMBRELLA UABILITY
EACH OCCURRENCE
S
OCCUR CLA,MSMADE NOT APPLICABLE
AGGREGATE $
S
• ~— DEDUCTIBLE
S
RETENTION S
S
WORKERS COMPENSATION AND
X TOWRVLIMITS IQER I
A . EMPLOYERS'UABIUTY 6600000037061 07/01/06
ANY PROPRIETOR/PARTNER/EXECUTIVE •
I 07/01/07 E.L.EACHACCIDENT $ 1000000
j
IOFFICER/MEMBER EXCWDEO?
iI yes, describe odor
E.L. DISEASE - LA EMPLOYEE $ 1000000
E.L DISEASE - POLCY LIMIT $ 1000000
SPECIAL PROVISIONS ne,ow
OTHER
NOT APPLICABLE
I
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS
Evidence of Insurance. *10 day notice of cancellation for non—payment of
premium.
CERTIFICATE HOLDER
CANCELLATION
NATION5
City of National City
1243 National City Blvd,
National City CA 91950
SHOULD ANY OF THE ABOVE DESCRIBED POUCIES 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 LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
AUTHOR TATIVE
ACORD 25 (2001/08)
® ACORD CORPORATION 1988
RESOLUTION NO. 2007 — 11/1
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY AUTHORIZING
THE MAYOR TO EXECUTE AN AGREEMENT
WITH THE AMERICAN LUNG ASSOCIATION OF CALIFORNIA
IN THE NOT TO EXCEED AMOUNT OF $176,550.53 TO PERFORM
HEALTHY HOME INSPECTIONS IN THE TARGET AREA
WEST OF 1-805 FOR THE HUD LEAD
HAZARD CONTROL GRANT PROGRAM
WHEREAS, the City desires to employ a contractor to provide Healthy Home
Inspections in the target area west of 1-805 for the HUD Lead Hazard Control Grant Program;
and
WHEREAS, the City has determined that the American Lung Association of
Califomia (ALAC) is qualified by experience and ability to perform the services desired by the
City, and the ALAC is willing to perform such services for the not to exceed amount of
$176,550.53.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby authorizes the Mayor to execute an Agreement with American Lung
Association of California to provide Healthy Home Inspections in the target area west of 1-805
for the HUD Lead Hazard Control Grant Program for the not to exceed amount of $176,550.53.
Said Agreement is on file in the office of the City Clerk.
Passed and adopted this 51h day of June, 2007.
Morrison, Mayor
ATTEST:
MicitL/1
Dalla, City Jerk
APPROVED AS TO FORM:
George H. lser, III
City Attorney
Passed and adopted by the Council of the City of National City, Califomia, on June 5,
2007 by the following vote, to -wit:
Ayes: Councilmembers Natividad, Parra, Ungab, Zarate.
Nays: None.
Absent: Councilmember Morrison.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Mayor of the City of National City, California
!%
City Clerk of the City of ational City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2007-114 of the City of National City, Califomia, passed and
adopted by the Council of said City on June 5, 2007.
City Clerk of the City of National City, California
By:
Deputy
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE June 5, 2007
AGENDA ITEM NO. 11
1/ ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO
EXECUTE AN AGREEMENT WITH THE AMERICAN LUNG ASSOCIATION OF CALIFORNIA IN AN AMOUNT NOT TO EXCEED
$176,550.53 TO PERFORM HEALTHY HOMES INSPECTIONS IN THE TARGET AREA WEST OF 1-805 FOR THE HUD
HEALTHY HOMES GRANT
PREPARED BY
EXPLANATION
Rosemary Toscano
(Ext. 4391)
Q/ DEPARTMENT
City Manager
On November 1, 2005 the City of National City was awarded $996,495 in grant funds from the U.S. Department of Housing and
Urban Development (HUD), Office of Healthy Homes and Lead Hazard Control to perform Healthy Homes Inspections in the area
west of 1-805. The Healthy Homes Inspection includes: a structural housing inspection, an environmental hazards assessment,
and testing/sampling for mold and moisture, lead, carbon monoxide, and cockroaches.
The City entered into an agreement on December 20, 2005 (Resolution No. 2005-266) with Paradise Valley Hospital (PVH) to
perform the environmental hazards assessments for this grant; however, on April 30, 2007, the City was notified by PVH that due
to the recent changes within the organization they were going to decline their participation in this grant.
The City would like to now enter into an agreement with the American Lung Association of Califomia (ALAC) to perform the
services originally proposed by PVH. ALAC is well -experienced and skilled in providing these services.
The term of the agreement with ALAC will begin on May 06, 2007, and will end on October 31, 2008, provided that either the City
or ALAC has the option of cancelling the agreement upon 60 days' written notice. Pursuant to the agreement, ALAC would receive
$176,550.53 for their services. The agreement contains the customary provisions requiring the consultant to carry insurance, and
to indemnify the City for acts of negligence in the performance of the agreement.
Environmental Review NI N/A
Financial Statement
Funds are available from the 2005 HUD
Healthy Homes Demonstration Grant #CALHH0145-05
Approved By:
Finance Directof
Project#
Account No. 294-413-000-213
STAFF RECOMMENDATION
Adopt resolution
BOARD / COMMISSION RECOMMENDATION
N/A
ATTACHMENTS ( Listed Below) Resolution No. ao O`I y
Resolution
Agreement
Attachments 1 & 2 and Exhibits A-C
A-200 (9/99)
City of National City
Office of the City Clerk
1243 National City Boulevard, National City, CA 91950-4397
Michael R. Della, CMC - City Clerk
(619) 336-4228 Fax: (619) 336-4229
June 26, 2007
Ms. Lorna Hardin
Associate Program Director
American Lung Association of California
2750 4th Avenue
San Diego, CA 92103
Dear Ms. Hardin,
On June 5, 2007, Resolution No. 2007-114 was passed and adopted by the City
Council of the City of National City, authorizing execution of agreement with
American Lung Association of California.
We are enclosing for your records a certified copy of the above Resolution and a
fully executed agreement.
Michael R. Dalla, CMC
City Clerk
Enclosure
cc: City Manager
® Recycled Paper