This document outlines a legal services contract between the Housing Authority of the City of Oakland (OHA) and the law firm Goldfarb & Lipman LLP to provide general counsel services. The contract is for 3 years from April 1, 2006 to June 30, 2009. It specifies the scope of legal services to be provided, compensation of up to $300,000 for the first year billed hourly, insurance requirements, and terms regarding independent contractor status, termination, and other standard legal contract elements.
Adult & Pediatric Dermatology, P.C., of Concord, Mass., has agreed to settle potential violations of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy, Security, and Breach Notification Rules with the Department of Health and Human Services, agreeing to a $150,000 payment. The practice will also be required to implement a corrective action plan to correct deficiencies in its HIPAA compliance program. Adult and Pediatric Dermatology is a private practice that delivers dermatology services in four locations in Massachusetts and two in New Hampshire. This case marks the first settlement with a covered entity for not having policies and procedures in place to address the breach notification provisions of the Health Information Technology for Economic and Clinical Health (HITECH) Act, passed as part of American Recovery and Reinvestment Act of 2009 (ARRA).
The HHS Office for Civil Rights (OCR) opened an investigation of Adult and Pediatric Dermatology upon receiving a report that an unencrypted thumb drive containing the electronic protected health information (ePHI) of approximately 2,200 individuals was stolen from a vehicle of one its staff members. The thumb drive was never recovered. The investigation revealed that Adult and Pediatric Dermatology had not conducted an accurate and thorough analysis of the potential risks and vulnerabilities to the confidentiality of ePHI as part of its security management process. Further, Adult and Pediatric Dermatology did not fully comply with requirements of the Breach Notification Rule to have in place written policies and procedures and train workforce members.
In addition to a $150,000 resolution amount, the settlement includes a corrective action plan requiring Adult and Pediatric Dermatology to develop a risk analysis and risk management plan to address and mitigate any security risks and vulnerabilities, as well as to provide an implementation report to OCR.
Download the Corrective Action Plan(CAP) here >>
Tips s to providers: Almost all of the HIPAA/HITECH violations identified in the last few years is due to insufficient security risk analysis conducted by the providers or business associates.
Cancer Care Group HIPAA Settlement Agreementdata brackets
Cancer Care has taken corrective action with regard to the specific requirements of the Privacy and Security Rules that are at the core of this enforcement action, as well as actions to come into compliance with the other provisions of the HIPAA Rules. The Resolution Agreement and Corrective Action Plan (CAP) can be found on the OCR website at: http://www.hhs.gov/ocr/privacy/hipaa/enforcement/examples/cancercare.html
The purpose of this Act is to set forth standards for the investigation and disposition of claims arising under policies or certificates of insurance issued to residents of different states. Cease and Desist and Penalty Orders. Unfair Claims Practices Defined.
Adult & Pediatric Dermatology, P.C., of Concord, Mass., has agreed to settle potential violations of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy, Security, and Breach Notification Rules with the Department of Health and Human Services, agreeing to a $150,000 payment. The practice will also be required to implement a corrective action plan to correct deficiencies in its HIPAA compliance program. Adult and Pediatric Dermatology is a private practice that delivers dermatology services in four locations in Massachusetts and two in New Hampshire. This case marks the first settlement with a covered entity for not having policies and procedures in place to address the breach notification provisions of the Health Information Technology for Economic and Clinical Health (HITECH) Act, passed as part of American Recovery and Reinvestment Act of 2009 (ARRA).
The HHS Office for Civil Rights (OCR) opened an investigation of Adult and Pediatric Dermatology upon receiving a report that an unencrypted thumb drive containing the electronic protected health information (ePHI) of approximately 2,200 individuals was stolen from a vehicle of one its staff members. The thumb drive was never recovered. The investigation revealed that Adult and Pediatric Dermatology had not conducted an accurate and thorough analysis of the potential risks and vulnerabilities to the confidentiality of ePHI as part of its security management process. Further, Adult and Pediatric Dermatology did not fully comply with requirements of the Breach Notification Rule to have in place written policies and procedures and train workforce members.
In addition to a $150,000 resolution amount, the settlement includes a corrective action plan requiring Adult and Pediatric Dermatology to develop a risk analysis and risk management plan to address and mitigate any security risks and vulnerabilities, as well as to provide an implementation report to OCR.
Download the Corrective Action Plan(CAP) here >>
Tips s to providers: Almost all of the HIPAA/HITECH violations identified in the last few years is due to insufficient security risk analysis conducted by the providers or business associates.
Cancer Care Group HIPAA Settlement Agreementdata brackets
Cancer Care has taken corrective action with regard to the specific requirements of the Privacy and Security Rules that are at the core of this enforcement action, as well as actions to come into compliance with the other provisions of the HIPAA Rules. The Resolution Agreement and Corrective Action Plan (CAP) can be found on the OCR website at: http://www.hhs.gov/ocr/privacy/hipaa/enforcement/examples/cancercare.html
The purpose of this Act is to set forth standards for the investigation and disposition of claims arising under policies or certificates of insurance issued to residents of different states. Cease and Desist and Penalty Orders. Unfair Claims Practices Defined.
Raleigh Orthopedic RA and CAP April 2016Alex Slaney
Resolution Agreement and CAP put in place after Raleigh Orthopedic violated The Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy Rule
Legislative Inclusion of Tort in Laws of PakistanSehrish Saba
Law of Torts, although not codified as a Code, is in practice in Pakistan with the help of different pieces of legislations like Defamation Ordinance, 2002, Consumer Protection Act, 2005, Pure Food Ordinance, 1960 etc.
Liability Insurance is available to protect you against liability arising out of any accident affecting any person(s) occurring while handling hazardous substances. Came into force on 01st April 1991
This agreement is a binding one that would be a the agreement between AFEW Kenya - Giraffe Centre and the party that we will have come to funding agreement.
Resolution Agreement: On January 6, 2012, HHS notified SRMC of its initiation of a compliance review of its facility to determine whether there was a failure to comply with the requirements of the Privacy Rule. HHS’s compliance review was prompted by an article in the Los Angeles Times published on January 4, 2012. The article indicated that two of SRMC’s senior leaders met with the media to discuss the medical services provided to a patient (the Affected Party) without a valid written authorization.
recently the law has regonised the victim of crime as earlier only law was focused on rights of accused. now the victims of crime has been given much required reliefs and ample powers are granted to Legal services Authority to grant appropriate reliefs to victims.
Catholic Health Care Services Resolution Agreement and Corrective Action PlanAlex Slaney
Catholic Health Care Services of the Archdiocese of Philadelphia settlement, Resolution Agreement and Corrective Action Plan as a result of violating the HIPAA Security Rule for ePHI
Raleigh Orthopedic RA and CAP April 2016Alex Slaney
Resolution Agreement and CAP put in place after Raleigh Orthopedic violated The Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy Rule
Legislative Inclusion of Tort in Laws of PakistanSehrish Saba
Law of Torts, although not codified as a Code, is in practice in Pakistan with the help of different pieces of legislations like Defamation Ordinance, 2002, Consumer Protection Act, 2005, Pure Food Ordinance, 1960 etc.
Liability Insurance is available to protect you against liability arising out of any accident affecting any person(s) occurring while handling hazardous substances. Came into force on 01st April 1991
This agreement is a binding one that would be a the agreement between AFEW Kenya - Giraffe Centre and the party that we will have come to funding agreement.
Resolution Agreement: On January 6, 2012, HHS notified SRMC of its initiation of a compliance review of its facility to determine whether there was a failure to comply with the requirements of the Privacy Rule. HHS’s compliance review was prompted by an article in the Los Angeles Times published on January 4, 2012. The article indicated that two of SRMC’s senior leaders met with the media to discuss the medical services provided to a patient (the Affected Party) without a valid written authorization.
recently the law has regonised the victim of crime as earlier only law was focused on rights of accused. now the victims of crime has been given much required reliefs and ample powers are granted to Legal services Authority to grant appropriate reliefs to victims.
Catholic Health Care Services Resolution Agreement and Corrective Action PlanAlex Slaney
Catholic Health Care Services of the Archdiocese of Philadelphia settlement, Resolution Agreement and Corrective Action Plan as a result of violating the HIPAA Security Rule for ePHI
CGL Coverage Form -- Coverage A (from FC&S Legal: The Insurance Coverage Law ...NationalUnderwriter
This article analyzes coverage A, bodily injury and property damage coverages of the ISO CGL form CG 00 01.
Bodily Injury and Property Damage Liability:
Summary: Coverage A of the current commercial general liability (CGL) coverage forms, both the
occurrence form and the claims-made form, provides bodily injury and property damage liability
insurance. This article discusses the features of coverage A that are common to both the occurrence
and the claims-made form.
This is an agreement for Social Media Retainer. This Social Media Marketing Agreement has 4 Sample layout. Especially, you can use it for your Digital Marketing Agency.
MANAGEMENT SERVICES AGREEMENT FORMAT
FREE LEGAL AND ACCOUNTANT FORMATS
KANOON KE RAKHWALE INDIA
HIRE LAWYER ONLINE
LAW FIRMS IN DELHI
CA FIRM DELHI
VISIT : https://www.kanoonkerakhwale.com/
VISIT : https://hirelawyeronline.com/
CONTRACTOR AGREEMENT FORMAT
FREE LEGAL AND ACCOUNTANT FORMATS
KANOON KE RAKHWALE INDIA
HIRE LAWYER ONLINE
LAW FIRMS IN DELHI
CA FIRM DELHI
VISIT : https://www.kanoonkerakhwale.com/
VISIT : https://hirelawyeronline.com/
Don't drop the ball on Contract Requirements and Performance (for Public Insu...John Bales Attorneys
This is the 'Don’t Drop the Ball on Contract Requirements and Performance' Presentation that was presented at the May 2015 FAPIA Convention. It is a visual reference that discusses Florida Statutes and administrative codes regulating public insurance adjusters’ contracts, and the Public Insurance Adjusters Services Agreement.
See the rest of our Seminars and Presentation Materials on our website: http://www.johnbales.com/resources/seminars-and-presentation-materials/
Sample Independent Contractor AgreementThis Agreement is mad.docxrtodd599
Sample Independent Contractor Agreement
This Agreement is made between ____________________ ("Client") with a principal place of business at __________________ and _______________ ("Contractor"), with a principal place of business at ____________________________.
1. Services to Be Performed
Contractor agrees to perform the following services: _____________
OR
Contractor agrees to perform the services described in Exhibit A, which is attached to this Agreement.
2. Payment
In consideration for the services to be performed by Contractor, Client agrees to pay Contractor at the following rates: ____________________________.
Contractor shall be paid within a reasonable time after Contractor submits an invoice to Client. The invoice should include the following: an invoice number, the dates covered by the invoice, and a summary of the work performed.
3. Expenses
Contractor shall be responsible for all expenses incurred while performing services under this Agreement. This includes automobile, truck, and other travel expenses; vehicle maintenance and repair costs; vehicle and other license fees and permits; insurance premiums; road, fuel, and other taxes; fines; radio, pager, or cell phone expenses; meals; and all salary, expenses, and other compensation paid to employees or contract personnel the Contractor hires to complete the work under this Agreement.
OR
Client shall reimburse Contractor for the following expenses that are attributable directly to work performed under this Agreement: _________________.
Contractor shall submit an itemized statement of Contractor's expenses. Client shall pay Contractor within 30 days after receipt of each statement.
4. Vehicles and Equipment
Contractor will furnish all vehicles, equipment, tools, and materials used to provide the services required by this Agreement. Client will not require Contractor to rent or purchase any equipment, product, or service as a condition of entering into this Agreement.
5. Independent Contractor Status
Contractor is an independent contractor, and neither Contractor nor Contractor's employees or contract personnel are, or shall be deemed, Client's employees. In its capacity as an independent contractor, Contractor agrees and represents, and Client agrees, as follows
[Check all that apply]
[ ] Contractor has the right to perform services for others during the term of this Agreement.
[ ] Contractor has the sole right to control and direct the means, manner, and method by which the services required by this Agreement will be performed. Contractor shall select the routes taken, starting and quitting times, days of work, and order the work is performed.
[ ] Contractor has the right to hire assistants as subcontractors or to use employees to provide the services required by this Agreement.
[ ] Neither Contractor nor Contractor's employees or contract personnel shall be required to wear any uniforms provided by Client.
[ ] The services required by this Agreement shall be perfor.
Home Inspector's Insurance & Risk Management - July 19, 2013Gerald Brunker
Home Inspector professional liability, general liability and other applicable insurances for home inspectors. Risk management tips and hints and home inspector claim information.
Sample Letter of Agreement we have used to contract with event service providers, event sponsors and vendors.
DISCLAIMER: We are not lawyers. Seek legal counsel before use.
For more sports event planning resources, visit us at: https://sportspaces.io/resources/
how to sell pi coins on Bitmart crypto exchangeDOT TECH
Yes. Pi network coins can be exchanged but not on bitmart exchange. Because pi network is still in the enclosed mainnet. The only way pioneers are able to trade pi coins is by reselling the pi coins to pi verified merchants.
A verified merchant is someone who buys pi network coins and resell it to exchanges looking forward to hold till mainnet launch.
I will leave the telegram contact of my personal pi merchant to trade with.
@Pi_vendor_247
how to swap pi coins to foreign currency withdrawable.DOT TECH
As of my last update, Pi is still in the testing phase and is not tradable on any exchanges.
However, Pi Network has announced plans to launch its Testnet and Mainnet in the future, which may include listing Pi on exchanges.
The current method for selling pi coins involves exchanging them with a pi vendor who purchases pi coins for investment reasons.
If you want to sell your pi coins, reach out to a pi vendor and sell them to anyone looking to sell pi coins from any country around the globe.
Below is the contact information for my personal pi vendor.
Telegram: @Pi_vendor_247
how to sell pi coins at high rate quickly.DOT TECH
Where can I sell my pi coins at a high rate.
Pi is not launched yet on any exchange. But one can easily sell his or her pi coins to investors who want to hold pi till mainnet launch.
This means crypto whales want to hold pi. And you can get a good rate for selling pi to them. I will leave the telegram contact of my personal pi vendor below.
A vendor is someone who buys from a miner and resell it to a holder or crypto whale.
Here is the telegram contact of my vendor:
@Pi_vendor_247
NO1 Uk Divorce problem uk all amil baba in karachi,lahore,pakistan talaq ka m...Amil Baba Dawood bangali
Contact with Dawood Bhai Just call on +92322-6382012 and we'll help you. We'll solve all your problems within 12 to 24 hours and with 101% guarantee and with astrology systematic. If you want to take any personal or professional advice then also you can call us on +92322-6382012 , ONLINE LOVE PROBLEM & Other all types of Daily Life Problem's.Then CALL or WHATSAPP us on +92322-6382012 and Get all these problems solutions here by Amil Baba DAWOOD BANGALI
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what is the future of Pi Network currency.DOT TECH
The future of the Pi cryptocurrency is uncertain, and its success will depend on several factors. Pi is a relatively new cryptocurrency that aims to be user-friendly and accessible to a wide audience. Here are a few key considerations for its future:
Message: @Pi_vendor_247 on telegram if u want to sell PI COINS.
1. Mainnet Launch: As of my last knowledge update in January 2022, Pi was still in the testnet phase. Its success will depend on a successful transition to a mainnet, where actual transactions can take place.
2. User Adoption: Pi's success will be closely tied to user adoption. The more users who join the network and actively participate, the stronger the ecosystem can become.
3. Utility and Use Cases: For a cryptocurrency to thrive, it must offer utility and practical use cases. The Pi team has talked about various applications, including peer-to-peer transactions, smart contracts, and more. The development and implementation of these features will be essential.
4. Regulatory Environment: The regulatory environment for cryptocurrencies is evolving globally. How Pi navigates and complies with regulations in various jurisdictions will significantly impact its future.
5. Technology Development: The Pi network must continue to develop and improve its technology, security, and scalability to compete with established cryptocurrencies.
6. Community Engagement: The Pi community plays a critical role in its future. Engaged users can help build trust and grow the network.
7. Monetization and Sustainability: The Pi team's monetization strategy, such as fees, partnerships, or other revenue sources, will affect its long-term sustainability.
It's essential to approach Pi or any new cryptocurrency with caution and conduct due diligence. Cryptocurrency investments involve risks, and potential rewards can be uncertain. The success and future of Pi will depend on the collective efforts of its team, community, and the broader cryptocurrency market dynamics. It's advisable to stay updated on Pi's development and follow any updates from the official Pi Network website or announcements from the team.
what is the best method to sell pi coins in 2024DOT TECH
The best way to sell your pi coins safely is trading with an exchange..but since pi is not launched in any exchange, and second option is through a VERIFIED pi merchant.
Who is a pi merchant?
A pi merchant is someone who buys pi coins from miners and pioneers and resell them to Investors looking forward to hold massive amounts before mainnet launch in 2026.
I will leave the telegram contact of my personal pi merchant to trade pi coins with.
@Pi_vendor_247
The secret way to sell pi coins effortlessly.DOT TECH
Well as we all know pi isn't launched yet. But you can still sell your pi coins effortlessly because some whales in China are interested in holding massive pi coins. And they are willing to pay good money for it. If you are interested in selling I will leave a contact for you. Just telegram this number below. I sold about 3000 pi coins to him and he paid me immediately.
Telegram: @Pi_vendor_247
how to sell pi coins effectively (from 50 - 100k pi)DOT TECH
Anywhere in the world, including Africa, America, and Europe, you can sell Pi Network Coins online and receive cash through online payment options.
Pi has not yet been launched on any exchange because we are currently using the confined Mainnet. The planned launch date for Pi is June 28, 2026.
Reselling to investors who want to hold until the mainnet launch in 2026 is currently the sole way to sell.
Consequently, right now. All you need to do is select the right pi network provider.
Who is a pi merchant?
An individual who buys coins from miners on the pi network and resells them to investors hoping to hang onto them until the mainnet is launched is known as a pi merchant.
debuts.
I'll provide you the Telegram username
@Pi_vendor_247
NO1 Uk Rohani Baba In Karachi Bangali Baba Karachi Online Amil Baba WorldWide...Amil baba
Contact with Dawood Bhai Just call on +92322-6382012 and we'll help you. We'll solve all your problems within 12 to 24 hours and with 101% guarantee and with astrology systematic. If you want to take any personal or professional advice then also you can call us on +92322-6382012 , ONLINE LOVE PROBLEM & Other all types of Daily Life Problem's.Then CALL or WHATSAPP us on +92322-6382012 and Get all these problems solutions here by Amil Baba DAWOOD BANGALI
#vashikaranspecialist #astrologer #palmistry #amliyaat #taweez #manpasandshadi #horoscope #spiritual #lovelife #lovespell #marriagespell#aamilbabainpakistan #amilbabainkarachi #powerfullblackmagicspell #kalajadumantarspecialist #realamilbaba #AmilbabainPakistan #astrologerincanada #astrologerindubai #lovespellsmaster #kalajaduspecialist #lovespellsthatwork #aamilbabainlahore#blackmagicformarriage #aamilbaba #kalajadu #kalailam #taweez #wazifaexpert #jadumantar #vashikaranspecialist #astrologer #palmistry #amliyaat #taweez #manpasandshadi #horoscope #spiritual #lovelife #lovespell #marriagespell#aamilbabainpakistan #amilbabainkarachi #powerfullblackmagicspell #kalajadumantarspecialist #realamilbaba #AmilbabainPakistan #astrologerincanada #astrologerindubai #lovespellsmaster #kalajaduspecialist #lovespellsthatwork #aamilbabainlahore #blackmagicforlove #blackmagicformarriage #aamilbaba #kalajadu #kalailam #taweez #wazifaexpert #jadumantar #vashikaranspecialist #astrologer #palmistry #amliyaat #taweez #manpasandshadi #horoscope #spiritual #lovelife #lovespell #marriagespell#aamilbabainpakistan #amilbabainkarachi #powerfullblackmagicspell #kalajadumantarspecialist #realamilbaba #AmilbabainPakistan #astrologerincanada #astrologerindubai #lovespellsmaster #kalajaduspecialist #lovespellsthatwork #aamilbabainlahore #Amilbabainuk #amilbabainspain #amilbabaindubai #Amilbabainnorway #amilbabainkrachi #amilbabainlahore #amilbabaingujranwalan #amilbabainislamabad
Introduction to Indian Financial System ()Avanish Goel
The financial system of a country is an important tool for economic development of the country, as it helps in creation of wealth by linking savings with investments.
It facilitates the flow of funds form the households (savers) to business firms (investors) to aid in wealth creation and development of both the parties
Falcon stands out as a top-tier P2P Invoice Discounting platform in India, bridging esteemed blue-chip companies and eager investors. Our goal is to transform the investment landscape in India by establishing a comprehensive destination for borrowers and investors with diverse profiles and needs, all while minimizing risk. What sets Falcon apart is the elimination of intermediaries such as commercial banks and depository institutions, allowing investors to enjoy higher yields.
USDA Loans in California: A Comprehensive Overview.pptxmarketing367770
USDA Loans in California: A Comprehensive Overview
If you're dreaming of owning a home in California's rural or suburban areas, a USDA loan might be the perfect solution. The U.S. Department of Agriculture (USDA) offers these loans to help low-to-moderate-income individuals and families achieve homeownership.
Key Features of USDA Loans:
Zero Down Payment: USDA loans require no down payment, making homeownership more accessible.
Competitive Interest Rates: These loans often come with lower interest rates compared to conventional loans.
Flexible Credit Requirements: USDA loans have more lenient credit score requirements, helping those with less-than-perfect credit.
Guaranteed Loan Program: The USDA guarantees a portion of the loan, reducing risk for lenders and expanding borrowing options.
Eligibility Criteria:
Location: The property must be located in a USDA-designated rural or suburban area. Many areas in California qualify.
Income Limits: Applicants must meet income guidelines, which vary by region and household size.
Primary Residence: The home must be used as the borrower's primary residence.
Application Process:
Find a USDA-Approved Lender: Not all lenders offer USDA loans, so it's essential to choose one approved by the USDA.
Pre-Qualification: Determine your eligibility and the amount you can borrow.
Property Search: Look for properties in eligible rural or suburban areas.
Loan Application: Submit your application, including financial and personal information.
Processing and Approval: The lender and USDA will review your application. If approved, you can proceed to closing.
USDA loans are an excellent option for those looking to buy a home in California's rural and suburban areas. With no down payment and flexible requirements, these loans make homeownership more attainable for many families. Explore your eligibility today and take the first step toward owning your dream home.
how to sell pi coins in all Africa Countries.DOT TECH
Yes. You can sell your pi network for other cryptocurrencies like Bitcoin, usdt , Ethereum and other currencies And this is done easily with the help from a pi merchant.
What is a pi merchant ?
Since pi is not launched yet in any exchange. The only way you can sell right now is through merchants.
A verified Pi merchant is someone who buys pi network coins from miners and resell them to investors looking forward to hold massive quantities of pi coins before mainnet launch in 2026.
I will leave the telegram contact of my personal pi merchant to trade with.
@Pi_vendor_247
Oakland Housing Authority Legal Services Contract For General Counsel This
1. OAKLAND HOUSING AUTHORITY
LEGAL SERVICES CONTRACT
FOR GENERAL COUNSEL
This LEGAL SERVICES CONTRACT (quot;Contractquot;) is entered into as of April 1, 2006
(quot;Effective Datequot;), by and between the HOUSING AUTHORITY OF THE CITY OF
OAKLAND, a public body, corporate and politic (quot;OHAquot;), and GOLDFARB & LIPMAN LLP,
a California limited liability partnership (the quot;Attorneyquot;).
NOW, THEREFORE, OHA and the Attorney agree as follows:
1. SCOPE OF SERVICES
Attorney shall provide the services described on Exhibit A, quot;Scope of Services.quot;
2. TIME OF PERFORMANCE
The term of this Contract shall begin on the Effective Date and will end on June 30,
2009, unless earlier terminated as provided herein.
3. COMPENSATION BILLING RATES, AND METHOD OF PAYMENT
A. Compensation. The maximum amount payable for this Contract for the period
from April 1, 2006, through June 30, 2007, is Three Hundred Thousand ($300,000) Dollars.
OHA shall compensate Attorney according to the hourly rate schedule attached as Exhibit B.
Costs will be billed in addition to professional fees. The maximum amount payable for the
subsequent years of the contract will be negotiated by the OHA Executive Director and revised
accordingly by April 1st of each subsequent year, to be effective July 1st of that year and the
Executive Director and the Attorney shall execute an amendment to this Contract reflecting the
negotiated changes.
(1) Billings are to be directed to Accounts Payable Finance Department,
Oakland Housing Authority, 1619 Harrison Street, Oakland, CA 94612.
(2) Invoices shall be accompanied with the following information, which may
be supplied by computer printout:
(a) a summary, listing names of attorneys and paralegals who provided
legal services, total hours for each and their hourly rates;
1
116909324291.1
2. (b) number of hours worked per attorney or paralegal, on a daily basis;
(c) brief description of actual work done by each person (detailed
narratives are not necessary), on a daily basis;
(d) itemization of disbursements and costs;
(3) Payments made by Attorney to others, including other firms and/or
witnesses, for services in connection with the matter shall be included in the statement and
supporting invoices shall be attached to the billing.
B. Method of Payment. Attorney will submit monthly billing invoices to OHA. The
invoices shall include the billing amount, total hours invoiced, hourly billing rate, description of
services rendered, and supporting documentation. OHA staff will review these invoices for
payment.
C. Taxes. No payroll or employment taxes of any kind will be withheld or paid by
OHA on behalf of Attorney. OHA will not treat Attorney as an employee with respect to the
Contract services for any purpose, including federal and state tax purposes. Attorney
understands and agrees that it is Attorney's responsibility to pay all taxes required by law,
including self-employment social security tax. OHA will issue an IRS 1099 Form, or other
appropriate tax reporting document, to Attorney for the Contract services.
D. Benefits. Attorney will not be eligible for, and will not participate in, any health,
pension, or other benefit of OHA which exists solely for the benefit of OHA employees during
the Contract term.
4. NO PERSONAL LIABILITY
No member, official or employee of OHA shall be liable personally to Attorney or any
successor in interest in the event of any default or breach by OHA or for any amount which may
become due to Attorney or any successor or on any obligation under the terms of this Contract.
5. ASSIGNMENT OF CONTRACT
Attorney shall not assign this Contract, or any part thereof, without the prior express
written consent of OHA.
6. HUD REQUIREMENTS
Attorney agrees to comply with all relevant HUD requirements including the Section 3
Clause, attached hereto as Exhibit C.
2
116909324291.1
3. 7. INDEMNIFICATION
Attorney shall defend, hold harmless and indemnify OHA and its respective
commissioners, members, officers, agents and employees of and from all claims, loss, damage,
injury, actions, causes of action and liability of every kind, nature and description directly or
indirectly arising out of or connected with the performance of this Contract and any of Attorney's
operation or activities related thereto, excluding the willful misconduct or the gross negligence of
the person or entity seeking to be defended, indemnified or held harmless.
8. INDEPENDENT CONTRACTOR
Attorney hereby declares that it is engaged in an independent business and agrees to
perform its services as an independent contractor and not as the agent or employee of OHA.
Attorney has and hereby retains the right to exercise full control and supervision of the services
and work to be provided under this Contract and full control over the employment, direction,
compensation and discharge of all persons assisting it in the performance of the services and
work hereunder. Attorney agrees to be solely responsible for all matters relating to payment of
employees, including, but not limited to, compliance with all federal, state and local payroll tax
and withholding requirements, workers' compensation requirements and all regulations
governing such maters. Attorney agrees to be solely responsible for its own acts and those of its
subordinates and employees during the term of the Contract.
9. INSURANCE
A. Attorney must procure and maintain for the duration of the Contract, including
any extensions, insurance against claims for injuries to person or damages to property which may
arise from or in connection with the performance of the work under this Contract by the
Attorney, its agents, representatives, employees or subcontractors.
B. Minimum Scope of Insurance. Coverage must be at least as broad as:
(1) Insurance Services Office Commercial General Liability coverage
(occurrence form CG 00 01).
(2) Insurance Services Office Automobile Liability coverage, code 1 (form
number CA 00 01- any auto).
(3) Workers' Compensation insurance as required by the State of California.
(4) Professional Liability Insurance covering all negligent acts, errors and
omissions.
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4. C. Minimum Limits of Insurance. Attorney must maintain limits no less than:
(1) General Liability: Five Hundred Thousand Dollars ($500,000) per
occurrence for bodily injury, personal injury and property damage. If
Commercial General Liability Insurance or other form with a general
aggregate limit is used, either the general aggregate limit must apply
separately to this project/location or the general aggregate limit must be
twice the required occurrence limit.
(2) Automobile Liability: Five Hundred Thousand Dollars ($500,000) per
accident for bodily injury and property damage.
(3) Workers' Compensation and Employers Liability: Workers'
Compensation limits as required by the State of California.
(4) Professional Liability Insurance: Five Hundred Thousand Dollars
($500,000) per occurrence.
D. Additional Insured and Notice of Cancellation. The insurance policies, excluding
Professional Liability Insurance, shall contain an endorsement naming OHA, its commission,
officers, and employees as additional insureds for the duration of the Contract and for the
specific work done under the Contract. Additionally, all policies shall contain a provision stating
that the issuing insurer will endeavor to mail thirty (30) days' written notice to OHA prior to
cancellation or expiration.
10. DISCLAIMER OF GUARANTY
Although Attorney may offer an opinion about possible results regarding the any specific
matter handled by Attorney, Attorney cannot guarantee any particular result. OHA
acknowledges that Attorney makes no promises about the outcome of any specific matter and
any opinion offered by Attorney in the future will not constitute a guaranty.
11. CONFLICTS OF INTERST
OHA is informed that the Rules of Professional Conduct of the State Bar of California
require the client's informed written consent before an attorney may begin or continue to
represent the client when the attorney has or had a relationship with another party interested in
the subject matter of the attorney's proposed representation of the client. At this time Attorney is
not aware of any relationship with any other party interested in the subject matter of Attorney's
services for OHA under this Agreement. As long as Attorney's services for OHA continue under
this Agreement, Attorney will not agree to provide legal services for any such party without
OHA's prior written and informed consent.
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5. 12. NONDISCRIMINATION
There shall be no discrimination against any person, or group of persons, on account of
race, color, religion, creed, national origin or ancestry, sex, gender identity, age, marital or
domestic partner status, sexual orientation or disability (including HIV or AIDS status) in the
performance of this Contract. Attorney will ensure that applicants are employed, and that
employees are treated during employment, without regard to their race, color, religion, creed,
national origin or ancestry, sex, gender identity, age, marital or domestic partner status, sexual
orientation or disability (including HIV or AIDS status). 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;
selection for training, including apprenticeship; and provision of any services or
accommodations to clients or the general public.
13. TERMINATION
Either party may terminate this Contract at any time without cause upon ninety (90) days'
written Notice of Termination to the other party; provided, however, that in the event of such
termination, OHA shall compensate the Attorney for work completed to the satisfaction of OHA
as of the date of such notice or the date of termination specified in and directed by such notice.
14. MISCELLANEOUS PROVISIONS
A. Notices. All notices, demands, consents or approvals required under this Contract
shall be in writing and shall be deemed given when delivered personally or by facsimile
transmission or three (3) business days after being deposited in the U.S. Mail, first class postage
prepaid, return receipt requested, addressed as follows:
If to OHA: Housing Authority of the City of Oakland
1619 Harrison Street
Oakland, CA 94612
Attn: Executive Director
If to Attorney : Goldfarb & Lipman LLP
1300 Clay Street, 9th Floor
Oakland, CA 94612
Attn: Jennifer K. Bell
or to such other addresses as the parties may designate by notice as set forth above.
B. Successors and Assigns. This Contract shall be binding upon and inure to the
benefit of the successors and assigns of OHA and Attorney. Where the term quot;Attorneyquot; or
quot;OHAquot; is used in this Contract, it shall mean and include their respective successors and assigns;
provided, however, that OHA shall have no obligation under this Contract to, nor shall any
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6. benefit of this Contract accrue to, any unapproved successor or assign of Attorney where OHA
approval of a successor or assign is required by this Contract.
C. Modification, Waiver and Amendment. Any modification, waiver or amendment
of any of the provisions of this Contract must be in writing and signed by both OHA and
Attorney.
D. Entire Contract. This Contract represents the complete agreement between the
parties as to the matters described herein, and there are no oral understandings between Attorney
and OHA affecting this Contract not set forth herein. This Contract supersedes all previous
negotiations, arrangements, agreements and understandings between Attorney and OHA with
respect to the subject matter hereof.
E. Severability. If any provision of this Contract shall be determined to be illegal or
unenforceable, such determination shall not affect any other provision and all such other
provisions shall remain in full force and effect.
F. Governing Law. This Contract shall be governed by the laws of the State of
California. It is the responsibility of Attorney to be informed of local, state and federal laws and
requirements applicable to this Contract and to perform all work in compliance with those laws
and requirements.
G. Headings. Titles of parts or sections of this Contract are inserted for convenience
only and shall be disregarded in construing or interpreting its provisions.
H. Attorneys' Fees. In any action or proceeding arising out of the interpretation of
this Contract, the prevailing party shall be entitled to reasonable attorneys' fees and costs.
I. Alternative Dispute Resolution. In the event of a dispute between the parties
regarding the interpretation of this Contract, the parties may agree to mediation or another form
of alternative dispute resolution.
J. Authority. The undersigned represents and warrants that he or she has full power
and authority to enter into this Contract and to bind the Attorney in accordance with its terms.
K. Designated Representative. The initial designated representative for OHA for this
Contract is David Lipsetz. The initial Attorney designated representative for this Contract is
Jennifer K. Bell.
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7. IN WITNESS WHEREOF OHA and Attorney have executed this Contract as of the date
first above written.
GOLDFARB & LIPMAN LLP
By: ____________________________________
Jennifer K. Bell, Partner
Federal Tax Identification No. 94-2437210
HOUSING AUTHORITY OF THE CITY OF
OAKLAND, a public body, corporate and politic
By: ____________________________________
Jon Gresley, Executive Director
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8. EXHIBIT A
SCOPE OF SERVICES
Attorney shall provide the following legal services at the request and direction of OHA:
1. Serve as legal advisor to the Board of Commissioners regarding the Commission's
powers, duties and responsibilities, legal methods and procedures and attend all Board meetings
as follows:
a. Regular meetings normally held on the fourth (4th) Monday of the month
at 6:00 p.m., and any closed sessions preceding the regular meetings.
b. Workshop meetings normally held on the second (2nd) Wednesday of the
month at 6:00 p.m.
c. Special meetings as needed as appropriate.
2. Provide general legal advice to the Executive Director and the Board of
Commissioners including preparing, reviewing and approving proposed resolutions and contracts
for form and content. Write legal opinions covering a variety of legal issues and make
recommendations regarding the resolution of such issues. Provide legal advice in the
implementation of recommendations.
3. Develop, coordinate and execute policy, methods and procedures relative to the
legal processes of OHA.
4. Provide legal advice and litigation services for construction-related claims and
lawsuits.
5. Provide legal review of proposed documents that may include, but are not limited
to RFPs, RFQs, bids and purchasing documents, real estate documents, insurance policies, and
contracts for goods or services.
6. Manage the selection for the procurement of any specialized legal services to be
provided outside of this Contract.
7. Provide oversight and review and advice to the Executive Director and OHA staff
on all legal services provided by other legal advisors. Review billings, evaluate quality of
representation, including settlement discussions, litigation, settlement agreements, and other
aspects of legal representation.
8. Provide legal advice and review in negotiating bargaining unit Memoranda of
Understanding,
9. Attend meetings with staff and others, as needed and appropriate.
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9. 10. Monitor state and local legislative matters in order to alert OHA to proposed
legislation that might affect OHA.
11. Provide general counsel legal services in the areas of labor and employment law.
12. Represent OHA in grievance proceedings.
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10. EXHIBIT B
BILLING RATES
ATTORNEYS AND RATE SCHEDULE
Our hourly rates for this Contract are listed below. Costs will be billed in addition to
professional fees. Costs include overnight mail, messenger service, copying costs, facsimile
service, filing fees, and fees paid to third parties to accomplish the work under the Contract.
Costs do not include secretarial or administrative support, phone calls, or first class postage.
Attorney will consult with and obtain approval from OHA before incurring any extraordinary
costs.
Rate Schedule for April 1, 2006 –June 30, 2007
Partners $240-245
Associates $165-240
Senior Law Clerks $135
Law Clerks $125
Project Coordinators $125
Rate Schedule for July 1, 2007 – June 30, 2009
Partners $240-250
Associates $165-240
Senior Law Clerks $135
Law Clerks $125
Project Coordinators $125
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11. EXHIBIT C
SECTION 3 CLAUSE
Section 3 Clause (12 U.S.C. 1701u) (24 CFR Part 135)
A. The work to be performed under this Contract is on a project assisted under a
program providing direct Federal financial assistance from the U.S. Department of Housing and
Urban Development and 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 requires that, to the greatest
extent feasible, opportunities for training and employment be given to lower income residents of
the area of the Section 3 covered project, 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 Section 3 covered project.
B. The parties to this Contact will comply with the provisions of said Section 3 and
the regulations issued pursuant thereto by the Secretary of the Department of Housing and Urban
Development set forth in 24 CFR Part 135, and all applicable rules and orders of the Department
of Housing and Urban Development issued thereunder prior to the execution of this Contract.
The parties to this Contract certify and agree that they are under no contractual or other disability
which would prevent them from complying with these requirements.
C. The Attorney will send to each labor organization or representative or workers
with which it has a collective bargaining agreement or other contract or understanding, if any, a
notice advising the said labor organization or workers' representative of its commitments under
this Section 3 clause and shall post copies of the notice in conspicuous places available to
employees and applicants for employment or training.
D. The Attorney will include this Section 3 clause in every subcontract for work in
connection with the project and will, at the direction of the applicant for or recipient of Federal
financial assistance, take appropriate action pursuant to the subcontract upon a finding that the
subAttorney is in violation of regulations issued by the Secretary of the Department of Housing
and Urban Development, 24 CFR Part 15. The Attorney will not subcontract with any
subAttorney where it has notice or knowledge that the latter has been found in violation of
regulations under 24 CFR Part 135 and will not let any subcontract unless the subAttorney has
first provided it with a preliminary statement of ability to comply with the requirements of these
regulations.
E. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR
Part 135, and all applicable rules and orders of the Department of Housing and Urban
Development issued thereunder prior to the execution of the Contract, shall be a condition of the
Federal financial assistance provided under this Contract and shall be binding upon Contactor, its
successors and assigns. Failure to fulfill these requirements shall subject the Attorney, its
subAttorneys, successors and assigns to those sanctions specified by 24 CFR Part 135.
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