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HomeMy WebLinkAbout4.07 ContractsCDBGFundExp ",--' .l!. CITY CLERK File # n~W-~[Q] . AGENDA STATEMENT CITY COUNCIL MEETING DATE: July 15, 1997 SUBJECT: Contracts with the Dublin Housing Authority, the Arroyo Vista Resident Council and the Valley Community Health Center for Administering the Community Development Block Grant (CDBG) Fund Expenditures (Report Prepared by Carol R. Cirelli, Senior Planner) Uv EXlllBITS ATTACHED: Exhibit A: Exhibit B: Exhibit C: Contract with the Dublin Housing Authority Contract with the Arroyo Vista Resident Council Contract with the Valley Community Health Center RECOMMENDATION: ~ . ~ Authorize the Mayor to sign the contracts with the Dublin Housing Authority, the Arroyo Vista Resident Council, and the Valley Community Health Center for administering CDBG fund expenditures for Fiscal year 1997-1998. FINANCIAL STATEMENT: (See discussion below) DESCRIPTION: .~ April of 1997, the City of Dublin, as an Urban County City, entered into an agreement with the Alameda County Housing and Community Development Department (BCD) for administering CDBG funds for the Fiscal year '97.'98. The total amount ofCDBG funds allocated to Dublin for this program year is $111,809. The $111,809 CDBG fund includes an additional allocation of $21 ,000 from the Urban County Contingency Fund. Staff recommends that these additional monies be used for the Arroyo Vista Roof Repair project, which was approved for the Fy '97.'98 CDBG program funding. These much needed funds will be used to replace or repair roofs of approximately seven additional buildings within the Arrbyo Vista complex. With the Fy '97-'98 CDBG funding allocation of $49,597 for the Arroyo Vista project, a total of fifteen buildings would be improved. Two other projects the City Council approved for funding under the City's Fy 1997-1998 CDBG allocation include the Arroyo Vista Resident Council- Child Development Center ($15,650) and the Valley Community Health Center - Senior Services Support Program ($7,044). The City must now enter into a contract with each of these three agencies. The contract describes the conditions under which the CDBG funds may be expendeg. Staff recommends that the City Council execute contracts with the Arroyo Vista Resident Council, the Valley Community Health Center, and the Dublin Housing Authority for purposes of administering the CDBG fund expenditures for Fy '97-'98. ~------------------------------ COPIES TO: In-House Distribution ~I ITEMNO.~7 g:\cdbg\stfrpts\ 7-97 ccsr . AGREEMENT BY AND BETWEEN DUBLIN HOUSING AUTHORITY AND THE CITY OF DUBLIN THIS AGREEMENT is made and entered into this _ day of , 1997, by and between the City of Dublin, a body corporate and politic of the State of California, (hereinafter referred to as ftCity"), and the Dublin Housine: Authoritv, (hereafter referred to as ftContractorft). WHEREAS, City is receiving funds pursuant to the Community Development Block Grant Program, funded by the U.S. Department of Housing and Urban Development; and WHEREAS, City is desirous of contracting with Contractor for the provision of certain services, a description of which are presented in Exhibit A, attached hereto; and WHEREAS, Contractor is willing and able to perform duties and render services which are determined by the City of Dublin to be necessary or appropriate for the welfare of residents of City; and WHEREAS, City desires that such duties and services be provided by Contractor, and Contractor agrees to perform such duties and render such services, as more particularly set forth below: NOW THEREFORE, FOR AND IN CONSIDERATION OF THE PROMISES HEREINAFTER MADE, CITY AND CONTRACTOR DO MUTUALLY AGREE AS FOLLOWS: I. STATEMENT OF WORK A. Attached hereto, marked Exhibit A, and by this reference made a part hereof, is a description of the duties and services to be performed for City by Contractor, and Contractor agrees to comply with all provisions, to perform all work, and to provide all such duties and services set forth in Exhibit A in a professional and diligent manner. . B. City has allocated the swn of $ 49.597.00 to be expended as described in this contract. Unless an amendment to this contract otherwise provides, that amount shall in no event be exceeded by Contractor, and City sh.a11 under no circwnstaDces be required to pay in excess of that amount. Payment shall be made pursuant to the terms and conditions set forth in Exhibit B, anached hereto and by this reference made a part hereof. Sums not so :p~d shall be retained by the City. II. COMMENCEMENT AND COMPLETION REOUIREMENTS A. The term of this Agreement begins on Julv 1. 1997, and ends on June 30, 1998, or when all contract terms have been completed. B. It shall be the responsibility of the Contractor to coordinate and schedule the work to be performed so that commencement and completion will take place in accordance with the provisions of this Agreement. The City may extend the time for completion of the Agreement in writing, if it determines that delay in the progress of work is not attributable to the negligence of the Contractor and that such delay was due to causes beyond the control of the Contractor. C. Any time extension granted to the Contractor to enable the Contractor to complete the work shall Dot constitute a waiver of rights the City may have under this Agreement. . D. Should the Contractor not complete the work by the scheduled date or by an extended date, granted by the City in writing, pursuant to previously stated conditions, the City shall be released from all conditions of this Agreement. EXHIBIT A E. Upon completion of performance under this Agreement and a determination of fmal costs, Contractor shall submit to the City a cenificate of completion for construction projects and a requisition for ... payment for service projects, unless otherwise provided in this Agreement. .., ill. INSURANCE A. Contractor shall maintain, at all times during the term of this contract, the insurance and bonding documentation descn1>ed in Exhibit C to this contract, and shall comply with all other requirements set forth in that Exhibit. B. Contractor shall indemnify City, its officers and employees, against any and all liability for injury or .. damage caused by any act or omission of Contractor or any of Contractor's employees or volunteers in the performance of this contract, and Contractor shall hold City harmless from any and all loss occasioned in the performance of, or otherwise arising out of, this contract. TV. SUBCONnntACTS A. Any subcontract funding under this Agreement shall be submitted by Contractor to City for review and approval prior to its execution. B. In the event subcontractor is a private non-profit or neighborhood-based non-profit organization, or a local development or small business investment corporation, Comractor is required to comply with the procurement procedures of Office of Management and Budget (OMB) Circular A-lID and A-l22 (incorporated herein by reference) for the procurement of supplies and services in connection with activities funded under this Agreement. C. Any subcontract funded under this Agreement shall be subject to the terms and conditions Of. Agreement. v. BUDGET The work performed hereunder shall Dot exceed the Program Budget (ExhJ."bit A, hereto). All requested modifications to the Budget attached to this Agreement and incorporated as part of this Agreement, shall be reviewed and approved by City. All budget modifications require the prior written approval of City. Budget modifications shall not alter; 1) The basic scope of services required to be performed under this Agiee.ment; 2) the time period for the services to be performed under this Agreement; and, 3) the total amount of the authorized. budget of this Agreement (see Exhibit A), subject to future amendments as approved. by the Dublin City Manager or his/her designee. The individual line item budget for a particular cost category may be exceeded by ten percent of its approved budget, provided the additional funds are used from unused line item budgets and the total contract amount does not exceed the budget. VI. RECORDS AND REPORTS A. All original documents prepared by Contractor in connection with the work to be performed under this Agreement shall be the property of the City. B. Comractor's records must be made available for review upon request by the City prior to the release of funds. Contractor shall be responsible for maintaining all records penaining to this Agreement, including subcontracts and expendimres, and all other financial and property records in conformance with OMB circular A-lID. C. Records must be kept accurate and up-to-date. Failure of Contractor to comply with this ,provisioe could result in termination of this Agreement or Contractor's repayment of funds previously awarde under this Agreement. 2 . . . VII. PROGRAM MONITORING AND EV ALUA TION A. Contractor shall be monitored by City and evaluated in terms of its effectiveness and timely compliance with the provisions of this Agreement and the effective and efficient achievement of the Program Objectives. B. Contractor must undertake continuous quantitative and qualitative evaluation of the duties and services as specified in this Agreement and shall make quarterly written reports to City. 1. The quarterly wriueD reports shall include, bnt shall not be limited to the following data elements: a. Title of program, listing of components, description of activities/operations. b. Service area (Le., cityWide, etc., including applicable census tracts). c. Goals _ the projected goals, indicated numerically, and also the goals achieved (for each report period). In addition, identify by percentage and description, the progress achieved towards meeting the specified goals; additionally, identify any problems encountered in meeting goals. d. Beneficiaries - provide the following: i) Total number of direct beneficiaries. ii) Percent of total number of direct beneficiaries who are: Low and moderate income Low income Black, not Hispanic origin White, not Hispanic origin Hispanic American Indian/Alaskan Native Asian or Pacific Islander Female Headed Households e_ Other data as required by City. . - : .. 2. The quarterly report shall be due on the fimenth day of the month immediately following the report quarter, except for the end of the program year report which is due within thirty days. C. The City shall have ultimate responsibility for overall project monitoring and evaluation, to assist Contractor in complying with the scope and contents of this Agreement, and to provide management information which will assist the City's policy and decision-making and managers. D. The Contractor shall follow audit requirements of the Single Audit Act and OMB Circular A-128. VIII. UNIFORM ADMINISTRATIVE REOUIR.EMENTS Contractor shall comply with Uniform Administrative Requirements as described in Federal Regulations, Section 570.502 as applicable to governmental entities. IX. RELIGIOUS ACTIVITY PROHffiITION There sball be no religious worship, instruction, or proselytization as part of, or in connection with the performance of this Agreement. 3 x. OTHER PROGRAM REQUIREMENTS A. Contractor cenifies that it will carry out each activity in compliance with all Federal laws~ regulations described in -24 CPR, Pan 570, Sub-pan K (570.600-570-612) and relates to a) discrimination, b) Fair Housing, c) Labor Standards, d) Environmental Standards, 3) National Floo Insurance Program, f) Relocation and Acquisition, g) Employment and Contracting Opportunities, h) Lead-based paint, i) Use of Debarred, Suspended or Ineligible Contractors or Sub-recipients, j) Uniform Administrative Requirements and Cost Principals, k) Conflict of Interest, and 1) Displacement. B. Contractor agrees to comply with the requirements of the Section 3 Plan, attached hereto as Exhibit D. C. Contractor agrees to comply with the requirements of the attached Exhibit E (Property Management Standards). XI. TERMINATION OF THIS AGREEMENT City may terminate this Agreement in whole or in pan immediately for cause, which shall include as example but not as a limitation: A. Failure, for any reason, of Contractor to fulfill in a timely and proper manner its obligations under this Agreement, including compliance with City, State and Federal laws and regulations and applicable directives; B. Failure to meet the performance standards contained in otber sections of this Agreement; C. D. Improper use of reporting of funds provided under this Agreement; and . Suspension ,or termination by HUD of the grant to the City under which Agreement is made, or the portion thereof delegated by this Agreement. " '. Approved as to form: . , :: By: Elizabeth H. Silver, City AnoIDey * * * * * * * * * CITY OF DUBLIN City Clerk Date: .,. c' .... .-. , .~:--: 4 ~JUL- 8-97 WED 13:42 ALAMEDA GNTY H A rHh n~ 01UI~'O~~~ J I VI- . EXHJBIT A WORKPROGRAMBErWEEN mE CITY OF DUBLIN AND DUBLIN nOUSING AUTIlOllIn 7/1/91 THROUGH 6/30/98 proiect Dcscriotion The proposed project is to repair leaking roofs and damaged roof mcmber5~replace roofs where nee.essaty on 15 buildings at the Arroyo Vista. public housing development. The exterior appearaoe.e ox the co~plex will be improved, and employment opportunities for public housing residents will be provided thrDugh Section 3 requirements in construction contracts. Work ProlrrdITl ~ Hire roofing consultant to assist with preparation of roof specIfIcations. 2. Review and approve specification documents and prepare bid package including required HUD wage rate and Section 3 requirements. 3. Advertise for bids. 4. Evaluate bids and make recommendations to the Dublin Housing Commlssion. 5. Award contract. 6. Oversee roof repairs/replacements through project completion. .. . 5 JUL- 9-8( WtD 13:42 Line Item 1. Design and engineering 2. Construction contracts GRAND TOTAL ALAMEDA CNTY H A FAX NO. 5107278554 P. 03 PROGRAM BUDGET _. _. (Exhibit A) DUBLIN nOUSING Al1THOlUTY 1/1/97 6/30/98 THROUGH Total $ 4. 000 ~,597 $49,597 . . P . . . . . . EXHIBIT B CONDITIONS FOR PAYMENT BETWEEN CITY OF DUBLIN AND DUBLIN HOUSING AUTHORITY 1. CLIENT CONFIDENTIAL INFORMATION: City shall be allowed to review case work history information. The pwpose of the City's review is to see randomly selected client information to determine the adequacy of record keeping and quality of services performed. 2. BILINGUAL ASSISTANCE Contractor will provide bilingual professional staff as needed to serve its clients. 3. METHODOFPAYMENT This Anacbment sets forth the terms and conditions by which payment will be made by the City to the Contractor for expenses incurred pursuant to the duties and services listed in Exhibit A of this contract. Payment to the Contractor shall be made on a reimbursement basis. The Contractor shall seek reimbursement from the City after expenses have already been incurred. All requests for reimbursement. will be in a format approved by the City and shall be submined to the City on a monthly basis with supponing documentation of actual cOSts incurred. Requests for reimbursement must be received within 30 days of the end of each claim month. Any adjustments made by the fiscal auditors at the year-end audit, under the AICPA guidelines and other relevant federal regulations should be brought to the attention of City staff for reconciliation. Monthly invoices should include, by line item, documentation of the expendirore of matching funds on the City of Dublin contract. 4. REQUESTS FOR ADJUSTMENTS TO BUDGET LINE ITEMS Once the line item budget has been approved through the execution of ' this contract, there can be no more than four (4) requests for adjustments to budget line item amounts during the contract period, including any final adjustments done at the end of the program year, June 3D, 1998- 5. COMPLIANCE WITH FEDERAL REGULATIONS Contractor's administrative procedures must be in compliance'with the following regulations: A. OMB Circular A-l22, Cost Principles for Non-Profit Organizations. B. OMB Circular A-lID, Uniform Administrative Requirements for Grant and Other Agreements with InstitUtions of Higher Education, Hospitals and Other Non-Profit Organizations. c. Paragraph (b) of Section 570.502 of sub-part J of 24 CFR 85, Common Rule of Uniform Administrative Requirements for Grants and Cooperative Agreements with State and Local Governments. D. Section 44.6 of 24 CFR Part 44 (Non-Federal Government Audit Requirements), Common Rule of Uniform Administrative Requirements for Grants and Cooperative Agreements with State and Local Governments. 7 EXHIBIT C INS~CE REQUIREMENTS . I. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in the Contractor's bid. a. Minimum SCODe of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office form number GL 0002 (Ed.ln3) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability; or Insurance "Services Office Commercial General Liability coverage ("occurrence" form CG 0001.) (2) Insurance S.ervices Office form number CA 0001 (Ed. InS) covering Automobile Liability, code 1 "any auto" and endorsement CA 0025. (3) Workers' Compensation Insurance as required by the Labor Code of the State of California and Employers Liability Insurance. b. Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $1,000,000 combined single limit per occurrence for bodily injwy, personal injwy and property damage. If commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this projectllocation or the general aggregate limit shall be twice the required occurrence limit. . Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. (2) " (3) Workers' Compensation and Employers Liability: Workers' Compensation limits as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either the IDsJ,Jter shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials and employees; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. .. d. Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the following provisions: (1) General Liability and Automobile Liability Coverages. ." (a) The CITY, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor, premises owned, occupied or used by the Conrractor, or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of the protection afforded to the City, its officers, officials, employees or volunteers. (b) The Contractor's insurance coverage shall be primary insurance as respects the. City, i~ . " officers, officials, employees and volunteers. Any insurance or self-insurance maintained b~ ." the City, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 8 . . . (c). Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volwueers. (d) The ContractOr's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (2) Workers' Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by the Contractor for the City_ (3) Professional Liability. Contractor shall carry professional liability insurance in an amount deemed by the City to adequately protect the Contractor against liability caused by negligent acts, errors or omissions on the pan of the Contractor in the course of performance of the services specified in this Agreement. (4) All Coverages. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party. reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. e. Acceptability of Insurers. Insurance is to be placed with insurers with a Bests' rating of no less than A:VII. f. Verification of Covera~e. Contractor shall furnish City with cenificates of insurance and with original endorsements effecting coverage required by this clause. The cenificares and endorsements for each insurance policy are to be signed by a per:son authorized by that insurer to bind coverage on its behalf. The cenificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, cenified copies of all required insurance policies, at any time. g. Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. h.The Risk Manager of City may approve a variatiOn in those insurance requirements upon a determination that the coverages, scope, limits and forms of such insurance are either not commercially available or that the City's interests are otherwise fully protected. . 9 6. 7. EXHIBIT D ALAMEDA COUNTY AFFIRM A TIVE ACTION PLAN UNDER SECTION 3 OF THE HOUSING AND URBAN DEVELOPMEl\TT ACT OF 1968 . PURPOSE To insw-e that to the greatest extent feasible, projects fmanced by the Alameda County Housing and Community Development Program provide business and employment opporrunities for businesses in the Alameda County project areas funded by Commmllty Development Block Grant. In all contracts for work in connection with a Community Development project, the following clause (referred to as the Section 3 Clause), will be included: 1. The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of section 3 is to ensure that employment and other economic opporrunities generated by HUD assistance or BUD-assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. 2. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement section 3. As evidenced by their execution of this conrract, the parties to this contract cenify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. 3. The Contractor agrees to send to each labor organization or representative of workers with which the Contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the Contractor' s commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and emploYment positions can see the notice. The notice shall describe the section 3 preference, availability of apprenticeship and training positions, th. qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and th anticipated date the work shall begin. 4. The Contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate actions, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR pan 135. The Contractor will not subcontract with any subcontractor where the Contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CPR pan 135. 5. The Contractor will cenify that any vacant employment positions, including training positions, that are filled (1) after the Contractor is selected but not before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opporrunities be directed, were not filled to circumvent the Contractor's obligations under 24 CFR part 135. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. With respect to work performed in connection with section 3 covered Indian housing assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 405e) also applies to the work to be performed under this contract. Section 7(b) requires that 10 the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Panics to this contract that are subject to the provisions of section 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). . 10 . SECTION 3 EMPLOYMENT PLAN NAME OF CONTRACTOR: DUBLIN HOUSING AUTHORITY Services to be Provided: Repair leaking roofs and damaged roof members. Replace roofs where necessary. Work will involve design and engineering and actual construction work. Conn-act Amount: $49,597.00 [K] D D Contract amount does not exceed Section 3 dollar threshold. Section 3 requirements do not apply. Contract does not include housing rehabilitation, housing construction or other public consrruction. Section 3 requirements do not apply. Section 3 requirements do apply. Conn-actor has been notified of Section 3 requirements and has completed the anticipated work force analysis below. . The following work force is anticipated to be necessary to satisfactorily complete this work: . Job Classifications Existine: Work Force Anticipated New Hires All work will be subcontracted. We will require the services of a roofing consultant and roofing company. Conn-actor agrees to undertake a good faith effort to comply with all of the provisions of Section of the Housing and Urban Development Act of 1968. Date itle Ophelia B. 1 ExejPtivelDirector (p I \\ ~, 11 EXHIBIT E PROPERTY MANAGEMENT STANDARDS . 1. This attachment prescribes uniform standards governing the utilization and disposition of property furnished by the Federal Government or acquired in while or in pan with Federal funds by State and local governments. Federal grantor agencies shall require State and local governments to observe these standards under grants from the Federal Government and shall not impose additional requirements unless specifically required by Federal law . The grantees shall be authorized to use their own property management standards and procedures as long as the provisions of this anachment are included. 2. The following definitions apply for the purpose of this attachment: a. Real propertY. Real property means land, land improvements, sU'Uctures and appurtenances thereto, excluding movable machinery and equipment. b. Personal prooertv. Personal property means property of any kind except real property. It may be tangible - having physical existence, or intangible - having no physical existence, such as patents, inventions, and copyrights. c. Nonexpendable personal propertY. Nonexpendable personal property means tangible personal property having a usefu11ife of more than ODe year and an acquisition cost of $300 or more per unit. A grantee may use its own definition of nonexpendable personal property provided that such definition would at least include all tangible personal property as defined above. d. Expendable personal prooertV. Expendable personal property refers to all tangible personal property other than nonexpendable property. . e. Excess DrODertv. Excess property means property under the control of any Federal agency which, as determined by the head thereof, is no longer required for its needs. 3. Each Federal grantor agency shall prescribe requirements for grantees concerning the use of real property funded partly or wholly by the Federal Government. Unless otherwise provided by statute, such requirements, as a minimum, shall contain the following: a. The grantee shall use the real property for the authorized purpose of the original grant as long as needed. b. The grantee shall obtain approval by the grantor agency for the use of the real property in other projects when the grantee determines that the property is no longer needed for the original grant purposes. Use in other projects shall be limited to those under other Federal grant programs, or programs that have purposes consistent with those authorized for support by the grantor. c. When the real property is no longer Deeded as provided in a. and b., above, the grantee shall return all real property furnished or purchased wholly with Federal grant funds to the control of the Federal grantor agency. In the case of property purchased in pan with Federal grant funds, the grantee may be permiued to take title to the Federal interest therein upon compensating the Federal Government for its fair share of the property. The Federal share of the property shall be the amoWlt computed by applying the percentage of the Federal panicipation in the total cost of the grant program for which the property was acquired to the current fair market value of the property. . 12 . . . .i Standards and procedures governing ownership, use, and disposition of nonexpendable personal propeny furnished by the Federal Govenunent or acquired with Federal funds are set fonh below: a. Nonexpendable personal propertV acquired with Federal funds. When nonexpendable personal property is acquired by a grantee wholly or in pan with Federal funds, title will not be taken by the Federal GovernmeDt except as provided in paragraph 4a( 4), but shall be vested in the grantee subject to the following restrictions on use and disposition of the property: (1) The grantee shall retain the property acquired with Federal funds in the grant program as long as there is a need for the property to accomplish the purpose of the grant program whether or not the program continues to be supported by Federal funds. When there is no longer a need for the property to accomplish the purpose of the grant program. the grantee shall use the property in cODnection with other Federal grants it has received in the following order of priority: (a) Other grants of the same Federal grantor agency needing the property. (b) Grants of other Federal agencies needing the property. (2) When the grantee no longer has need for the property in any of its Federal grant programs, the property may be used for its own official activities in accordance with the following standards: (a) Nonemendable DropertY with an acquisition cost of less than $500 and used four vears or more. The grantee may use the property for its own official activities without reimbursement to the Federal Government or sell the property and retain the proceeds. (b) All other nonexoendable prODertv. The grantee may retain the property for its own use provided that a fair compensation is made to the original grantor agency for the laner' s share of the property. The amount of compensation shall be commuted by applying the percentage of Federal panicipation in the grant program to the current fair market value of the property. (3) If the grantee has no need for the property, disposition of the property shall be made as follows: (a) Nonexpendable propertV with an acquisition cost of $1.000 or less. Except for that property which meets the criteria of (2)(a) above, the grantee shall sell the property and reimburse the Federal grantor agency an amount which is computed in accordance with (iii) below. (b) Nonexpendable DrODertV with an acquisition cost of over $1.000. The grantee shall request disposition instructions from the grantor agency. The Federal agency shall determine whether the property can be used to meet the agency's requirement. If no requirement exists within that agency, the availability of the property shall be reported to the General Services Administration (GSA) by the Federal agency to determine whether a requirement for the property exists in other Federal agencies. The Federal grantor agency shall issue instructions 13 to the grantee within 120 days and the following procedures shall govern: (i) If the grantee is instructed to ship the property elsewhere, the grantee shall be reimbursed by the benefiting Federal agency with an amount which is computed by applying the percentage of the grantee's panicipation in the grant program to the current fair market value of the property, plus any shipping or interim storage costs incurred. (ii) If the grantee is insrructed to otherwise dispose of the property, he shall be reimbursed by the Federal grantor agency for such costS incurred in its disposition. (ill) If disposition insrructions are not issued within 120 days after reporting, the grantee sbaIl sell the property and reimburse the Federal grantor agency an amount which is computed by applying the percentage of Federal panicipation in the grant program to the sales proceeds. Further, the grantee shall be permined to retain $100 or 10 percent of the proceeds, whichever is greater, for the grantee's selling and handling expense. (4) Where the grantor agency determines that property with an acquisition cost of $1,000 or more and financed solely with Federal funds is unique, difficult, or costly to replace, it may reserve title to such property, subject to the following provisions: (a) The property shall be appropriately identified in the grant agreement or otherwise made known to the grantee. (b) The grantor agency sball issue disposition instructions within 120 days after the completion of the need for the property under the Federal grant for which it was acquired. If the grantor agency fails to issue disposition insrructions within )20 days, the grantee shall apply the standards of 4a(1), 4a(2)(b) and 4a(3)(b). b. Federallv-owned nonexpendable personal prooertv. Unless statulory authority to transfer title has been granted to an agency, title to Federally-owned property (property to which the Federal Government retains title including excess property made available by the Federal grantor agencies to gran~ees) remains vested by law in the Federal Government. Upon termination of the grant or need for the property, such property shall be reponed to the grantor agency for further agency utilization or, if appropriate, for reponing to the General Services Administration for other Federal agency utilization. Appropriate disposition instructions will be issued to the grantee after completion of Federal agency review. 5. The grantees' property managemenrstandards for nonexpendable personal property shall also include the following procedural requirements. a. Property records shall be maintained accurately and provide for: a description of the property; manufacturer's serial number or other identification number; acquisition date and cost; source of the property; percentage of Federal funds used in the purchase of property; location, use, and condition of the property; and ultimate disposition data 14 . . '. " ,. . . . . including sales price or the method used to determine current fair market value if the grantee reimburses the grantor agency for its share. b. A physical inventory of property shall be taken and the results reconciled with the property records at least once every two years to verify the existence, current utilization, and continued need for the property. c. A control system shall be in effect to insure adequate safeguards to prevent loss, damage, or theft to the property. Any loss, damage, or theft of nonexpendable property shall be investigated and fully documented. d. Adequate maintenance procedures shall be implemented to keep the property in good condition. e. Proper sales procedures shall be established for unneeded property which would provide for competition to the extent practicable and result in the highest possible return. 6. When the total inventory value of any unused expendable personal property exceeds $500 at the expiration of need for any Federal grant purposes, the grantee may retain the property or sell the property as long as he compensates the Federal Government for its share in the cost. The amount of compensation shall be computed in accordance with 4a(2)(b). 7. Specified standards for control of intangible property are provided as follows: a. If any program produces patentable items, patent rights, processes, or inventions, in the course of work aided by a Federal grant, such fact shall be promptly and fully reponed to the grantor agency. Unless there is prior agreement between the grantee and grantor on disposition of such items, the grantor agency shall determine whether protection on such invention or discovery shall be sought and how the rights in the invention or discovery _ including rights under any patent issued thereon - shall be allocated and administered in order to protect the public interest consistent with "Government Patent Policy" (President's Memorandum for Heads of Executive Depamnents and Agencies, August 23, 1971, and Statement of Government Patent Policy as printed in 36 F.R. 16889) . b. Where the grant results in a book or copyrightable material, the author or grantee is free to copyright the work, but the Federal grantor agency reserves a royalty-free, nonexclusive and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use the work for Government purposes. (G:\cdbg/cdbgcntr) 15 AGREEMENT BY AND BETWEEN ARROYO VISTA RESIDENT COUNCIL AND THE CITY OF DUBLIN . THIS AGREEMENT is made and entered into this _ day of , 199_, by and between the City of Dublin, a body corporate and politic of the State of California, (hereinafter referred to as "City"), and Arroyo Vi sta Res i dent Counci 1 ,(hereafter referred to as "Contractor"). WHEREAS, City is receiving funds pursuant to the Community Development Block Grant Program, funded by the U.S. Department of Housing and Urban Development; and ..-. "WHEREAS, City is desirous of contracting with Contractor for the provision of certain services, a description of which are presented in Exhibit A, attached hereto; and WHEREAS, Contractor is willing and able to perform duties and render services which are determined by the City of Dublin to be necessary or appropriate for the welfare of residents of City; and WHEREAS, City desires that such duties and services be provided by Contractor, and Contractor agrees to perform such duties and render such services, as more panicularly set forth below: NOW THEREFORE, FOR AND IN CONSIDERATION OF THE PROMISES HEREINAFTER MADE, CITY AND CONTRACTOR DO MUTUALLY AGREE AS FOLLOWS: 1. STATEMENT OF WORK A. Attached hereto, marked Exhibit A, and by this reference made a pan hereof, is a description of the duties and services to be performed for City by Contractor, and Contractor agrees to comply with . provisions, to perform all work, and to provide all such duties and services set forth in Exhibit A in professional and diligent manner. B. City has allocated the sum of $ 15,650 to be expended as described in this contract. Unless an amendment to this contract otherwise provides, that amount shall in no event be exceeded by Contractor, and City shall under no circumstances be required to pay in excess of that amount. Payment shall be made pursuant to the terms and conditions set forth in Exhibit B, attached hereto and by this reference made a pan hereof. Sums not.so .paid shall be retained by the City" IT. COMMENCEMENT AND COMPLETION REQUIREMENTS A. The term of this Agreement begins on 7/1/97 6/30/98 , or when all contract terms have been completed. and ends on B. It shall be the responsibility of the Contractor to coordinate and schedule the work to be performed so that commencement and completion will take place in accordance with the provisions of this Agreement. The City may extend the time for completion of the Agreement in writing, if it determines that delay in the progress of work is not attributable to the negligence of the Contractor and that such delay was due to causes beyond the control of the Contractor. C. Any time extenSion granted to the Contractor to enable the Contractor to complete the work shall not constimte a waiver of rights the City may have under this Agreement. D. Should the Contractor not complete the work by the scheduled date or by an extended date, grante1a by the City in writing, pursuant to previously stated conditions, the City shall be released from a1W' conditions of this Agreement. lie EXIDBIT B . . . E. Upon completion of perfonnance under this Agreement and a determination of fmal costs, Contractor shall submit to the City a certificate of completion for construction projects and a requisition for final payment for service proje~ts, unless otherwise provided in this Agreement. III. INSURANCE A. Contractor shall maintain, at all times during the tenn of this contract, the insurance and bonding documentation descn1ted in Exhibit C to this contract, and shall comply with all other requirements set forth in that Exhibit. B. Contractor shall indemnify City, its officers and employees, against any and all liability for injury or damage caused by any act or omission of Contractor or any of Contractor's employees or volunteers in the performance of this contract, and Contractor shall hold City harmless from any and all loss occasioned in the performance of, or otherwise arising out of, this contract. IV. SUBCONTRACTS A. Any subcontract funding under this Agreement sh.aIl be submined by Conttactor to City for review and approval prior to its execution. B. In the event subconttactor is a private non-profit or neighborhood-based non-profit organization, or a local development or small business invesnnent corporation, Contractor is required to comply with the procurement procedures of Office of Management and Budget (OMB) Circular A-lID and A-l22 (incOIporated herein by reference) for the procurement of supplies and services in connection with activities funded under this Agreement. C. Any subconttact funded under this Agreement shall be subject to the terms and conditions of this Agreement. V. BUDGET The work performed hereunder shall not exceed the Program Budget (Exhibit A, hereto). All requested modifications to the Budget attached to this Agreement and incorporated as part of this Agreemcot, shall be reviewed and approved by City. All budget modifications require the prior wrinen approval of City. Budget modifications shall not alter: 1) The basic scope of services required to be performed under this AgI."eement; 2) the time period for the services to be performed under this Agreement; and, 3) the total amount of the authomed budget of this Agreement (see Exhibit A), subject to future amendments as approved by the Dublin City Manager or hislher designee. The individual line item budget for a particular cost category may be exceeded by ten percent of its approved budget, provided the additional funds are used from unused line item budgets and the total contract amoWlt does not exceed the budget. VI. RECORDS AND REPORTS A. All original documents prepared by Conttactor in connection with the work to be performed under this Agreement shall be the property of the City. B. Conttactor's records must be made available for review upon request by the City prior to the release of funds. Contractor shall be responsible for maintaining all records penaining to this Agreement, including subcontracts and expenditures, and all other financial and property records in conformance with OMB circular A-lID. C. Records must be kept accurate and up-to-date. Failure of Contractor to comply with this .provision could result in termination of this Agreement or Conttactor's repayment of funds previously awarded under this Agreement. 11 2 VII. PROGRAM MONITORING AND EV ALVA TION A. Contractor shall be monitored by City and evaluated in terms of its effectiveness and timi1 compliance with the provisions of this Agreement and the effective and efficient achievement on Program Objectives. B. Contractor must undenake continuous quantitative and qualitative evaluation of the duties and services as specified in this Agreement and shall make quarterly wrinen reports to City. 1. The quanerly wrinen reports shall include, but shall not be limited to the following data elements: a. Title of program; listing of components, description of activities/operations. b. Service area (Le., cityWide, etc., including applicable census tracts). c. Goals - the projected goals, indicated numerically, and also the goals achieved (for each report period). In addition, identify by percentage and description, the progress achieved towards meeting the specified goals; additionally, identify any problems encountered in meeting goals. d. Beneficiaries - provide the following: i) Total number of direct beneficiaries. ii) Percent of total number of direct beneficiaries who are: Low and moderate income Low income Black, Dot Hispanic origin White, not Hispanic origin Hispanic American Indian! Alaskan Native Asian or Pacific Islander Female Headed Households . e. Other data as required by City. .. .... 2. The quanerly report shall be due on the fifteenth day of the month immediately following the report quaner, except for the end of the program year repon which is due within thirty days. C. The City shall have ultimate responsibility for overall project monitoring and evaluation, to assist Conn-actor in complying with the scope and contents of this Agreement, and to provide management information which will assist the City's policy and decision-making and managers. D. The Contractor shall follow audit requirements of the Single Audit Act and OMB Circular A-128. VIll. UNIFORM ADMINISTRATIVE REQUIREMENTS Contractor shall comply with Uniform Administrative Requirements as described in Federal Regulations, Section 570.502 as applicable to governmental entities. IX. RELIGIOUS ACTMTY PROHIBITION There shall be DO religious worship, instruction, or proselytization as pan of, or in eonnection with the perlormance tI this Agreement. I~ 3 . . . x. OTHER PROGRAM REOUIREMENTS A. Contractor cerrifies that it will carry out each activity in compliance with all Federal laws and regulations described in 24 CFR, Pan 570, Sub-pan K (570.600-570-612) and relates to a) Non- discrimination, b) Fair HoUsing, c) Labor Standards, d) Environmental Standards, 3) National Flood Insurance Program, f) Relocation and Acquisition, g) Employment and Contracting Opponunities, h) Lead-based paint, i) Use of Debarred, Suspended or Ineligible Contractors or Sub-recipients, j) Uniform Administrative Requirements and Cost Principals, k) Conflict of Interest, and I) Displacement. B. Contractor agrees to comply with the requirements of the Section 3 Plan, anached hereto as Exhibit D. C. Contractor agrees to comply with the requirements of the anached Exhibit E (propeny Management Standards). XI. TERMINATION OF THIS AGREEMENT City may terminate this Agreement in whole or in pan immediately for cause, which shall include as example but not as a limitation: A. Failure, for any reason, of Contractor to fulfill in a timely and proper manner its obligations under this Agreement, including compliance with City, State and Federal laws and regulations and applicable directives; B. Failure to meet the performance standards contained in other sections of this Agreement: c. Improper use of reponing of funds provided under this Agreement; and D. Suspension or termination by HUD of the grant to the City under which Agreement is made, or the portion thereof delegated by this Agreement. Approved as to form: By: Elizabeth H. Silver, City AnorDey CONTI<AcrOR: A ~~s'rlf Q'5Jde.;J{l~drr ;F D~~' · () .'. ~~/J ~/ BY:~~/1/.l1e(l/ _j" ;::;.[ ~ By: Signature of CODa:actot Taxpayer ID: 9L/-3:J '-/ c; :l7f? Anest: '" City Clerk Date: '1 Iff /9'1 , I Date: 11 4 EXHIBIT A WORK. PROGRAM BETWEEN THE CITY OF DUBLIN AND Arroyo Vista Resident Council . 7/1/97 THROUGH 6/30/98 Project Description The Arroyo Vista Resident Council (AVRC) will develop a child care facility at the Arroyo Vista public housing development. The child care center will be housed in an eXisting community facility owned by the Dublin Housing Authority. Funds provided by the City of Dublin pursuant to this agreement will be used to pay the cost of a market study and related consulting services, and for a portion of the costs of required rennovations of the facility. Work Pro2rall1 The AVRC will do each of the following in accordance with the terms and conditions of this agreement: 1) Complete the rennovations required to convert the Arroyo Vista Community Center into a child care facility which meets state and local requirements; 2) Recruit and select a child care program operator for the facility; 3) Conduct a market study of Arroyo Vista residents to determine the .level of demand for child care services; . .:: 4) Raise additional funds as required to complete the project. . ..: J.P 5 . . . Line Item PROGRAM BUDGET (Exhibit A) Arroyo Vista Resident Council 7/1/97 THROUGH 6/30/98 Total Feasibility (market ) study City fees and permits State permits and fees Facility costs $5,000 1,500 250 8,900 GRAND TOTAL $15,650 JI 6 EXHIBIT B CONDITIONS FOR PAYMENT BETWEEN CITY OF DUBLIN AND Arroyo Vista Resident Council . 1. CLIENT CONFIDENTIAL INFORMATION: City shall be allowed to review case work history information. The purpose of the City's review is to see randomly selected client information to determine the adequacy of record keeping and quality of services performed. 2. BllJNGUAL ASSISTANCE Contractor will provide bilingual professional staff as needed to serve its clients. 3. METHOD OF PAYMENT This Attachment sets forth the terms and conditions by which payment will be made by the City to the Contractor for expenses incurred pursuant to the duties and services listed in Exhibit A of this contract. Payment to the Contractor shall be made on a reimbursement basis. The Contractor shall seek reimbursement from the City after expenses have already been incurred. All requests for reimbursement will be in a format approved by the City and shall be submined to the City on a monthly basis with supponing documentation of actual costs incurred. Requests for reimbursement must be received within 30 days of the end of each claim. month. AIly adjustments made by the fiscal auditors at the year-end audit, under the AICPA guidelines and other relev. federal regulations should be brought to the anention of City staff for reconciliation. Monthly invoices should include, by line item, documentation of the expenditure of matching funds on the City of Dublin contract. 4. REQUESTS FOR ADJUSTMENTS TO BUDGET LINE ITEMS Once the line item budget has been approved through the execution of tiiis contract, there can be no more than four (4) requests for adjustmentS to budget line item amounts during the contract period, including any final adjustments done at the end of the program year, June 3D, 1998 5. COMPLIANCE WITH FEDERAL REGULATIONS Contractor's administrative procedures must be in compliance with the following regulations: A. OMB Circular A-122, Cost Principles for Non-Profit Organizations. B. OMB Circular A-lID, Uniform Administrative Requirements for Grant and Other Agreements with Instimtions of Higher Education, Hospitals and Other Non-Profit Organizations. C. Paragraph (b) of Section 570.502 of sub-pan ] of 24 CFR 85, Common Rule of Uniform Administrative Requirements for Grants and Cooperative Agreements with State and Local Governments. . ... Section 44.6 of 24 CFR Pan 44 (Non-Federal Government Audit Requirements), Common Rule ;,., Uniform Administrative Requirements for Grants and Cooperative Agreements with State and Local Governments. D. ,.~ 7 EXHIBIT C INSURANCE REQUIREMENTS . 1. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to propeny which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in the Contractor's bid. a. Minimum SCODe of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office form number GL 0002 (Ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage ("occurrence" form CG 0001.) (2) Insurance Services Office form number CA 0001 (Ed. 1/78) covering Automobile Liability, code 1 "any auto" and endorsement CA 0025. (3) Workers' Compensation Insurance as required by the Labor Code of the State of California and Employers Liability Insurance. b. Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and propeny damage. If commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this projectllocation or the general aggregate limit shall be twice the required occurrence limit. . (2) Automobile liability: $1,000,000 combined single limit per accident for bodily injury and propeI1)' damage. (3) Workers' Compensation and Employers Liability: Workers' Compensation limits as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials and employees; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The policies are to contain, or be endorsed to comain, the following provisions: (1) General Liability and Automobile Liability Coverages. (a) The CITY, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor, premises owned, occupied or used by the Contractor, or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of the protection afforded to the City, its officers, officials, employees or volunteers. . (b) The Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. )5 8 (c) Any failure to comply with reponing provisions of the policies shall not affect coverage provided to the City, itS officers. officials, employees or volunteers. (d) The Contractor's insurance shall apply separately to each insured against whom cl~ made or suit is brought, except with respect to the limitS of the insurer's liability. ,., (2) Workers' Compensation and Employers Liability Coverage. The insurer shall agree to waive all rightS of subrogation against the City, itS officers, officials, employees and volunteers for losses arising from work performed by the Contractor for the City. (3) Professional Liability. .Contractor shall carry professional liability insurance in an amount deemed by the City to adequately protect the Contractor against liability caused by negligent actS, errors or omissions on the pan of the Contractor in the course of performance of the services specified in this Agreement. (4) All Coverages. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limitS except after thirty (30) days' prior written notice by certified mail, rerum receipt requested, has been given to the City. e. AcceDtabilitv of Insurers. Insurance is to be placed with insurers with a BestS' rating of DO less than A: VII. f. Verification of Covera2e. Contractor shall furnish City with certificates of insurance and with original endorsementS effecting coverage required by this clause. The certificates and endorsementS for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on itS behalf. The certificateS and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. g. Subconrractors. Contractor shall include all subcontractors as insureds under its policies or shall ~ separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. h. The Risk Manager of City may approve a variation in those insurance requirementS upon a determination that the coverages, scope, limits and forms of such insurance are either Dot commercially available or that the City's interests are otherwise fully protected. . ,..~ 9 . EXHIBIT D ALAMEDA COUNTY AFFIRMATIVE ACTION PLAN UNDER SECTION 3 OF THE HOUSING AND URBAN DEVELOPMENT ACT OF 1968 PURPOSE To insure that to the greatest extent feasible, projectS fmanced by the Alameda County Housing and Community Development Program provide business and employment oppommities for businesses in the Alameda County project areas funded by Community Development Block Grant. In all contracts for work in connection with a Community Development project, the following clause (referred to as the Section 3 Clause), will be included: 1. The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.c. 1701u (section 3). The pUIpose of section 3 is to ensure that employment and other economic oppommities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipientS of HUD assistance for housing. 2. The parties to this contract agree to comply with Hun's regulations in 24 CFR part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. 3. The Contractor agrees to send to each labor organization or representative of workers with which the Contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the Contractor's comminnents under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. . 4. The Contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR pan 135, and agrees to take appropriate actions, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a fmding that the subcontractor is in violation of the regulations in 24 CPR part 135. The Contractor will not subcontract with any subcontractor where the Contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR p~ 135. 5. The Contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the Contractor is selected but not before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment oppommities be directed, were not f1lled to circumvent the Contractor's obligations under 24 CPR part 135. 6. Noncompliance with HUD's regulations in 24 CFR pan 135 may result in sanctions, termination of this contract for default, and debarment or suspension from furore HUD assisted contracts. 7. With respect to work performed in connection with section 3 covered Indian housing assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 405e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opponunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontractS shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of section 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). . ).5 10 SECTION 3 EMPLOYMENT PLAN NAME OF CO!\'rJRACTOR: Arroyo Vi sta Res i dent Counci 1 Services to be Provided: Rennovation of existing community facility for use as a child care center and development of child care programs, including a market study. Contract Amount: $ 15,650 o D D Contract amount does not exceed Section 3 dollar threshold. Section 3 requirements do not apply. Contract does not include housing rehabilitation, housing construction or other public construction. Section 3 requirements do not apply. Section 3 requirements do apply. Contractor has been notified of Section 3 requirements and has completed the anticipated work force analysis below. The following work force is anticipated to be necessary to satisfactorily complete this work: Job Classifications Anticipated New Hires Existin!Z Work Force N/A Contractor agrees to undertake a good faith effon to comply with all of the provisions of Section of the Housing and Urban Development Act of 1968. Contractor ~! ~ . ~~' / . ~. ;::~ Name and Title t...-aonni, McCamon, Pres; dent Date 7/7/97 )..t.. 11 . . . . . . EXHIBIT E PROPERTY MANAGEMENT STANDARDS 1. This attachment prescribes uniform standards governing the utilization and disposition of property furnished by the Federal Government or acquired in while or in part with Federal funds by State and local governments. Federal grantor agencies shall require State and local governments to observe these standards under grants from the Federal Government and shall not impose additional requirements unless specifically required by Federal law . The grantees shall be authorized to use their own property management standards and procedures as long as the provisions of this attachment are included. 2. The following definitions apply for the purpose of this attachment: a. Real prooertv. Real property means land, land improvements, strUctures and appurtenances thereto, excluding movable machinery and equipment. b. Personal prooertV. Personal property means property of any kind except real property. It may be tangible - having physical existence, or intangible - having no physical existence, such as patents, inventions, and copyrights. c. Nonexvendable oersonal propertY. Nonexpendable personal property means tangible personal property having a useful life of more than one year and an acquisition cost of $300 or more per unit. A grantee may use its own definition of nonexpendable personal property provided that such definition would at least include all tangible personal property as defIDed above. d. Exoendable oersonal propertY. Expendable personal property refers to all tangible personal property other than nonexpendab1e property. e. Excess propertY. Excess property means property under the control of any Federal agency which, as determined by the head thereof, is no longer required for its needs. 3. Each Federal grantor agency shall prescribe requirements for grantees concerning the use of real propeny funded partly or wholly by the Federal Government. Unless otherwise provided by statute, such requirements, as a minimum, shall contain the following: ;; a. The grantee shall use the real propeny for the authorized purpose of the original grant as long as needed. b. The grantee shall obtain approval by the grantor agency for the use of the real property in other projects when the grantee determines that the property is no longer needed for the original grant purposes. Use in other projects shall be limited to those under other Federal grant programs, or programs that have purposes consistent with those authorized for suppon by the grantor. c. When the real property is no longer needed as provided in a. and b., above, the grantee shall return all real property furnished or purchased wholly with Federal grant funds to the control of the Federal grantor agency. In the case of property purchased in pan with Federal grant funds, the grantee may be permined to take title to the Federal interest therein upon compensating the Federal Government for its fair share of the property. The Federal share of the property shall be the amount computed by applying the percentage of the Federal participation in the total cost of the grant program for which the property was acquired to the current fair market value of the property . ,.1 12 ;i 4. Standards and procedures governing ownership, use, and disposition of nonexpendable personal property furnished by the Federal Government or acquired with Federal funds are set fonh below; . a. NonexPtndable personal property acauired with Federal funds. When nonexpendable personal property is acquired by a grantee wholly or in part with Federal funds, title will not be taken by the Federal Government except as provided in paragraph 4a( 4), but shall be vested in the grantee subject to the following restrictions on use and disposition of the property: (1) The grantee shall retain the property acquired wiIh Federal funds in the grant program as long as there is a need for the property to accomplish the purpose of the grant program whether or not the program continues to be supponed by Federal funds. When there is no longer a need for the property to accomplish the purpose of the grant program, the grantee shall use the property in connection with other Federal grants it has received in the following order of priority: (a) Other grants of the same Federal grantor agency needing the property. (b) Grants of other Federal agencies needing Ihe property. (2) When the grantee no longer has need for the property in any of its Federal grant programs, the property may be used for its own official activities in accordance with the following standards: (a) Nonexpendable DroDertv with an aCQuisition cost of less than $500 and used four vears or more. The grantee may use the property for its own official activities without reimbursement to the Federal Government or sell the property and retain the proceeds. . (b) All other nonexoenclable proDenv. The grantee may retain the property for its own ~e provided that a fair compensation is made to the original grantor agency for the laner's share of the property. The amount of compensation shall be commuted by applying the percentage of Federal partidpation in the grant program to the current fair market value of the property. (3) If the grantee has no need for the property, disposition of the property shall be made as follows: (a) Nonexoendable propertY with an acauisition cost of $1.000 or less. Except for that property which meets the criteria of (2)(a) above, the grantee shall sell the property and reimburse the Federal grantor agency an amount which is computed in accordance with (iii) below. (b) Nonexoendable propertv with an acauisition cost of over $1.000. The grantee shall request disposition instructions from the grantor agency. The Federal agency shall detennine whether the property can be used to meet the agency's requirement. If no requirement exists within that agency, the availability of the property shall be reponed to the General Services Administration (GSA) by the Federal agency to determine whether a requirement for the property exists in other Federal agencies. The Federal grantor agency shall issue instructions . 13 . to the grantee within 120 days and the following procedures shall govern: (i) If the grantee is instructed to ship the property elsewhere, the grantee shall be reimbursed by the benefiting Federal agency with an amount which is computed by applying the percentage of the grantee's participation in the grant program to the current fair market value of the property, plus any shipping or interim storage costs incurred. (ii) If the grantee is instructed to otherwise dispose of the property, he shall be reimbursed by the Federal grantor agency for such costs incurred in its disposition. (ill) If disposition instructions are not issued within 120 days after reporting, the grantee shall sell the property and reimburse the Federal grantor agency an amount which is computed by applying the percentage of Federal panicipation in the grant program to the sales proceeds. Further, the grantee shall be permined to retain $100 or 10 percent of the proceeds, whichever is greater, for the grantee' s selling and handling expense. (4) Where the grantor agency detennines that property with an acquisition cost of $1,000 or more and financed solely with Federal funds is unique, difficult, or costly to replace, it may reserve title to such property, subject to the following provisions: . (a) The property shall be appropriately identified in the grant agreement or otherwise made mown to the grantee. (b) The grantor agency shall issue disposition instructions within 120 days after the completion of the need for the property under the Federal grant for which it was acquired. If the grantor agency fails to issue disposition instrUctions within;pO days, the grantee shall apply the standards of 4a(I), 4a(2)(b) and 4a(3)(b). b. Federa1lv--owned nonexoendable personal vrODertv. Unless statutory authority to transfer title has been granted to an agency, title to Federally-owned property (property to which the Federal Government retains title including excess property made available by the Federal grantor agencies to grantees) remains vested by law in the Federal Government. Upon termination of the grant or need for the property, such property shall be reported to the grantor agency for further agency utilization or, if appropriate, for reporting to the General Services Administration for other Federal agency utilization. Appropriate disposition instructions will be issued to the grantee after completion of Federal agency review. 5. The grantees' property management standards for nonexpendable personal property shall also include the following procedural requirements. . a. Property records shall be maintained accurately and provide for: a description of the property; manufacturer's serial number or other identification number; acquisition date and cost; source of the property; percentage of Federal funds used in the purchase of property: location, use, and condition of the property; and ultimate disposition data ;.'f 14 including sales price or the method used to determine current fair market value if the grantee reimburses the grantor agency for its share. . b. A physical inventory of property shall be taken and the results reconciled with the property records at least once every two years to verify the existence. current utilization, and continued need for the property. c. A control system shall be in effect to insure adequate safeguards to prevent loss, &unage, or theft to the property. Any loss, damage, or theft of nonexpendable property shall be investigated and fully documented. d. Adequate maintenance procedures shall be implemented to keep the property in good condition. e. Proper sales procedures shall be established for unneeded property which would provide for competition to the extent practicable and result in the highest possible return. 6. When the total inventory value of any unused expendable personal property exceeds $500 at the expiration of need for any Federal grant purposes, the grantee may retain the property or sell the property as long as he compensates the Federal Government for its share in the cost. The amount of compensation shall be computed in accordance with 4a(2)(b). 7. Specified standards for control of intangible property are provided as follows: a. If any program produces patentable items, patent rights, processes, or inventions, in the course of work aided by a Federal grant, such fact shall be promptly and fully reponed to the grantor agency. Unless there is prior agreement between the grantee and grantor on disposition of such items, the grantor agency shall determine whether protection on such invention or discovery shall be sought and how the rights in the invention or discovery - including rights under any patent issued thereon -- shall be allocated and administered in order to protect the public interest consistent with .Government Patent Policy. (President's Memorandum for Heads of Executive Departments and Agencies, August 23, 1971, and Statement of Government Patent Policy as printed in 36 F.R. 16889). . b. Where the grant results in a book or copyrightable material, the author or grantee is free to copyright the work, but the Federal grantor agency reserves a royalty-free, nonexclusive and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use the work for Government purposes. (G:\cdbg/cdbgcntr) . 50 15 . AGREEMENT BY AND BETWEEN VAUE\I CoW\M,^-lJlrl.f J.+e;r;L:rH ~ AND THE CITY OF DUBLIN THIS AGREEMENT is made and entered imo this _ day of , 1997, by and between the City of Dublin, a body corporate and politic of the State of California, (hereinafter referred to as .City"), and V a.1l ~ Co'tr\M.\A1\i ry UtA-If{... ~ te/, (hereafter referred to as "Contractor"). WHEREAS, City is receiving funds pursuant to the Community Development Block Grant Program, funded by the U.S. Department of Housing and Urban Development; and WHEREAS, City is desirous of contracting with Contractor for the provision of cenain services, a d~scription of which are presented in Exhibit A, attached hereto; and WHEREAS, Contractor is willing and able to perform duties and render services which are detennined by the City of Dublin to be necessary or appropriate for the welfare of residents of City; and WHEREAS. City desires that such duties and sen'ices be provided by Contractor, and Contractor agrees to perform such duties and render such services, as more panicularly set forth below: NOW THEREFORE, FOR AND IN CONSIDERATION OF THE PROMISES HEREINAFTER MADE, CITY AND CONTRACTOR DO MUTUALLY AGREE AS FOLLOWS: L STATEMENTOFWORK A. Attached hereto, marked Exhibit A, and by this reference made a pan hereof, is a description of the duties and services to be performed for City by Contractor, and Contractor agrees to comply with all provisions, to perform all work, and to provide all such duties and services set fonh in Exhibit A in a professional and diligent manner. . A.. Tne term of this Agreement begins on Ju.~ ) ) 1'1'7 J Lu\ e. '3 0, /q q , , or when all contract terms ha been completed. . and ends on B. It shall be the responsibility of the Contractor. to coordinate and schedule the work to be performed so that commencement and completion will take place in accordance with the provisions of this Agreement. The City may extend the time for completion of the Agreement in writing, if it determines that delay in the progress of work is not attributable to the negligence of the Contractor and that such delay was due to causes beyond the control of the Contractor. C. Any time extension granted to the Contractor to enable the Contractor to complete the work shall not constimte a waiver of rights the City may have under this Agreement. D. Should the Contractor not complete the work by the scheduled date or by an extended date, granted by the City in writing, pursuant to previously stated conditions, the City shall be released from all conditions of this Agreement. . 1;( EXIllBIT C lIT. INSURANCE E. Upon completion of performance under this Agreement and a determination of fmal costs, Contractor shall submit to the City a cenificate of completion for construction projects and a requisition for f~ payment for service projects.. unless otherwise provided in this Agreement. . A. Contractor shall maintain, at all times during the term of this contract, the insurance and bonding documentation described in Exhibit C to this contract, and shall comply with all other requirements set forth in that Exhibit. B. Contractor shall indemnify City, its officers and employees, against any and all liability for injury or damage caused by any act or omission of Contractor or any of Contractor's employees or volunteers in the performance of this contract, and Contractor shall hold City harmless from any and all loss occasioned in the performance of, or otherwise arising out of, this contract. IV. SUBCONTRACTS v. BUDGET A. Any subcontract funding under this Agreement shall be submined by Contractor to City for review and approval prior to itS execution. B. In the event subcontractor is a private non-profit or neighborhood-based non-profit organization, or a local development or small business investment corporation, Contractor is required to comply with the procurement procedures of Office of Management and Budget (OMB) Circular A-11O and A-l22 (incorporated herein by reference) for the procurement of supplies and services in connection with activities funded under this Agreement. C. Any subcontract funded under this Agreement shall be subject to the terms and conditions of tl:JA Agreement. .. The work performed hereunder shall not exceed the Program Budget (ExhIl>it A, hereto). All requested modifications to the Budget attached to this Agreement and incorporated as pan of this Agreement, shall be reviewed and approved by City. All budget modifications require the prior wrinen approval of City. Budget modifications shall not alter: 1) The basic scope of services required to be performed under this Agre~ent; 2) the time period for the services to be performed under this Agreement; and, 3) the total amount of the authorized budget of this Agreement (see Exhibit A), subject to future amendments as approved by the Dublin City Manager or hislher designee. The individual line item budget for a panicular cost category may be exceeded by ten percent of its approved budget, provided the additional funds are us~ from lJIlused line item budgets and the total contract amount does not exceed the budget. VI. RECORDS AND REPORTS A. B. C. ,.?- All original documents prepared by Contractor in. connection with the work to be performed under this Agreement shall be the property of the City. . Contractor's records must be made available for review upon request by the City prior 10 the release of funds. Contractor shall be responsible for maintaining all records pertaining 10 this Agreement, including subcontracts and expenditures, and all other fmancial and property records in conformance with OMB circular A-llO. Records must be kept accurate and up-to-date. Failure of Contractor to comply with this. provisi. could result in termination of this Agreement or ContraCtor's repayment of funds previously award under this Agreement. 2 VII. PROGRAM MONITORING AND EV ALVA TION A. Contractor shall be monitored by City and evaluated in terms of its effectiveness and timely compliance with the provisions of this Agreement and the effective and efficient achievement of the Program Objectives. - . B. Contractor must undertake continuous quantitative and qualitative evaluation of the duties and services as specified in this Agreement and shall make quanerly written reportS to City. 1. The quarterly written reportS shall include, ,but shall not be limited to the following data elements: a. ..'-'.Title of program, listing of components, description of activitiesioperations. b. Service area (Le., cityWide, etc., including applicable census tracts). c. Goals - the projected goals, indicated numerically, and also the goals achieved (for each report period). In addition, identify by percentage and description, the progress achieved towards meeting the specified goals; additionally, identify any problems encountered in meeting goals. d. Beneficiaries - provide the following: i) Total number of direct beneficiaries. ii) Percent of total number of direct beneficiaries who are: Low and moderate income Low income Black, not Hispanic origin White, not Hispanic origin Hispanic American Indian! Alaskan Native Asian or Pacific Islander Female Headed Households . e. Other data as required by City. 2. The quarterly report shall be due on the fifteenth day of the month immediately following the report quarter, except for the end of the program year report which is due within thiny days. C. The City shall have ultimate responsibility for overall project monitoring and evaluation, to assist Contractor in complying with the scope and contents of this Agreement, and to provide management information which will assist the City's policy and decision-making and managers. D. The Contractor shall follow audit requirements of the Single Audit Act and OMB Circular A-128. VIII. UNIFORM ADMINISTRATIVE REOUIREMENTS Contractor shall comply with Uniform Administrative Requirements as described in Federal Regulations, Section 570.502 as applicable to governmental entities. . IX. RELIGIOUS ACTIVITY PROHffiITJON There shall be no religious worship, instruction, or proselytization as pan of, or in connection with the performance of this Agreement. 7~ 3 x. OTHER PROGRAM REQUIREMENTS A. Contractor cenifies that it will carry out each activity in compliance wiLh all Federal laws and regulations described in 24. CFR, Pan 570, Sub-pan K (570.600-570-612) and relates to a) Nt discrimination, b) Fair Housing, c) Labor Standards, d) Environmental Standards, 3) National Fl Insurance Program, f) Relocation and Acquisition, g) Employment and Contracting Oppormnities, Lead-based paint, i) Use of Debarred, Suspended or Ineligible Contractors or Sub-recipients, j) Uniform Administrative Requirements and Cost Principals, k) Conflict of Interest, and 1) Displacement. B. Contractor agrees to comply with the requirements of the Section 3 Plan, anached hereto as Exhibit D. C. Contractor agrees to comply with the requirements of the anached Exhibit E (Propeny Management Standards). XI. TERMINATION OF THIS AGREEMENT City may terminate this Agreement in whole or in pan immediately for cause, which shall include as example but not as a limitation: A. Failure, for any reason, of Contractor to fulfill in a timely and proper manner its obligations under this Agreement, including compliance with City, State and Federal laws and regulations and applicable directives; B. Failure to meet the performance standards contained in other sections of this Agreement; C. Improper use of reponing of funds provided under this Agreement; and Suspension or termination by HUD of the grant to the City under which Agreement is made, or th. portion thereof delegated by this Agreement. D. Approved as to form: By: Elizabeth H. Silver, qty Anorney * * * * * * *:* * * CITY OF DUBLIN By: Si By: Taxpayer ID: 9'1-;;).;) 3;;2 39:/ Anest: City Clerk Date: / -/ J - 97- . Date: . ;1 4 . EXHIBIT A WORK PROGRAM BETWEEN THE CITY OF DUBLIN AND Va lle.,! COM M Vo-l'\ i+, J-Je.fA.{ ft... (L.J-\-+-~ .Tllly 1, 1997 THROUGH June 30,1998 Project Description Though the case management service, seniors are visi~ed in their homes and an initial assessment is Illade of the living situation and needs. This assessment consists of an evaluation of the senior's physical, mental and emotional status, as well as an assesSIIlent of the needs for assistance with daily living activities. Work Program . . Mer the initial visit, a care plan is formulated with the senior and the family. This plan includes locating, arranging and overseeing services such as transportation, meals, safety divices, and in-home companions and workers. Referrals are Illade and services are coordinated with physician, home health nurses, social workers, attorney and other professionals. Assistance is provided in applying for Medi-Cal, food stamps and SSI and in handling Medi-Care and health insurance billing. The situation is then monitored on an ongoing basis at intervals which are appropriate to the individual needs of the senior, and care plans are modified as necessary. Senior Support will serve 15 elders with casemangemeDt services. ~5 5 Line hem . Casemangager $14.35/hour at ).30 FTE GRAND TOTAL Jt -PROGRAM BUDGET (Exhibit A) . . Vall er Co IM~ 4 !-fw.fA Ce.n To2.,/" .I1l1y 1, 1 q97 THROUGH Jrme 30, 1998 Total $7044 Jt ~ D'+Lf . . . . . EXHIBIT B . 1. CONDITIONS FOR PAYMENT BETWEEN ..CITY OF DUBLIN AND V QII~ COyv,.",^ll~iry Uta II"" C~I1-ref CLIENT CONFIDENTIAL INFORMATION: City shall be allowed to review case work history information. The pwpose of the City's review is to see randomly selected client information to determine the adequacy of record keeping and quality of services performed. 2. BILINGUAL ASSISTANCE Contractor will provide bilingual professional staff as needed to serve its clients. 3. MEmODOFPAYMENT 1bis Anachment sets forth the terms and conditions by which payment will be made by the City to the Contractor for expenses incurred pursuant to the duties and services listed in Exhibit A of this contract. Payment to the Contractor shall be made on a reimbursement basis. The Contractor shall seek reimbursement from the City after expenses have already been incurred. All requests for reimbursement will be in a format approved by the City and shall be submined to the City on a monthly basis with supponing documentation of actual costs incurred. Requests for reimbursement must be received within 30 days of the end of each claim month. Any adjustments made by the fiscal auditors at the year-end audit, under the AICP A guidelines and other relevant federal regulations should be brought to the anention of City staff for reconciliation. Monthly invoices should include, by line item, documentation of the expenditure of matching funds on the City of Dublin contraCt. 4.' REQUESTS FOR ADJUSTMENTS TO BUDGET LINE ITEMS Once the line item budget has been approved through the execution of this contract, there can be no more than four (4) requests for adjustments to budget line item amounts during the contract period, including any final adjustmentS done at the end of the program year, June 30, J q q J> 5. COMPLIANCE WITH FEDERAL REGULATIONS Contractor's administrative procedures must be in compliance with the following regulations: A. OMB Circular A-122, Cost Principles for Non-Profit Organizations. B. OMB Circular A-lID, Uniform Adminisrrative Requirements for Grant and Other Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations. C. Paragraph (b) of Section 570.502 of sub-pan J of 24 CFR &5, Common Rule of Uniform Administrative RequirementS for Grants and Cooperative AgreementS with State and Local Governments. D. Section 44.6 of 24 CFR Pan 44 (Non-Federal Government Audit Requirements), Common Rule of Uniform Administrative Requirements for Grants and Cooperative Agreements with State and Local Governments. 31 /. 7 EXHIBIT C INSURANCE REQUIREMENTS 1. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons tit damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in the Contractor's bid. a. Minimum ScoDe of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office form number GL 0002 (Ed.1n3) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage ("occurrence" form CO 0001.) (2) Insurance Services Office form number CA 0001 (Ed. 1n8) covering Automobile Liability, code 1 "any auto" and endorsement CA 0025. (3) Workers' Compensation Insurance as required by the Labor Code of the State of California and Employers Liability Insurance. b. Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $1,000,000 combined single limit 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 shall apply separately to this projectllocation or the general aggregate limit shall be twice the required occurrence limit. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property. damage. (2) (3) Workers' Compensation and Employers Liability: Workers' Compensation limits as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident. c. Deducnoles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either the insQIeT shall reduce or eliminate such deducnoles or self-insured retentions as respects the City, its officers, officials and employees; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the following provisions: (1) General Liability and Automobile Liability Coverages. (a) The CITY, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; productS and completed operations of the Contractor, premises owned, occupied or used by the Contractor, or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of the protection afforded to the City, its officers, officials, employees or volunteers. (b) The Contractor's insurance coverage shall be primary insurance as respects the City, its. officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. '3$ 8 . . . (c) Any failure to comply with reporting provisions of the policies shall not affect cov~rage provided to the City, its officers, officials, employees or volunteers. (d) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (2) Workers' Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by the Contractor for the City. (3) Professional Liability. Contractor shall carry profess.iona1liability insurance in an amount deemed by the City to adequately protect the Contractor against liability caused by negligent acts, errors or omissions on the part of the Contractor in the course of performance of the services specified in this Agreement. (4) All Coverages. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party. reduced in coverage or in limits except after thiny (30) days' prior wrinen notice by certified mail, return receipt requested, has been given to the City. e. AcceotabilitY of Insurers. Insurance is to be placed with insurers with a Bests' rating of no less than A: VII. f. Verification of Covera2e. Comractor shall furnish City with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a penon authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. g. Subcontractors. ContraCtor shall include all subcontractors as insureds under its policies or shall furnish separate. certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. h. The Risk Manager of City may approve a variation in those insurance requirements upon a detennination that the. coverages, scope, limits and forms of such insurance are either not commercially available or that the City's interests are otherwise fully protected. ~1 9 6. 7. E~HIBIT D ALAMEDA COUNTY AFFIRMATIVE ACTION PLAN UNDER SECTION 3 OF THE HOUSING AND URBAN DEVELOPME1'.T"f ACT OF 1968 PURPOSE . To insure that to the greatest extent feasible, projects fmanced by the Alameda County Housing and Community Development Program provide business and employment oppommities for businesses in the Alameda County project areas funded by COmnllnllty Development Block Grant. In all contracts for work in connection with a Community Development project, the following clause (referred to as the Section 3 Clause), will be included: L The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of section 3 is to ensure that employment and other economic oppommities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, panicularly persons who are recipients of HUD assistance for housing. 2. The parties to this contract agree to comply with HUD's regulations in 24 CFR pan 135, which implement section 3. As evidenced by their execution of this contract, the panies to this contract cenify that they are under no contracrual or other impediment that would prevent them from complying with the pan 135 regulations. 3. The Contractor agrees to send to each labor organization or representative of workers with which the Contractor bas a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the Contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, availability of apprenticeship and training positions, the. qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and th anticipated date the work shall begin. 4. The ContraCtor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR pan 135, and agrees to take appropriate actions, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a fmding that the subcontractor is in violation of the regulations in 24 CFR pan 135. The Contractor will not subcontract with any subcontractor where the Contractor bas notice or lmowledge that the subcontractor has been found in violation of the regulations in 24 CPR "p~ 135. 5. The Contractor will cenify that any vacant employment positions, including training positions, that are filled (1) after the Contractor is selected but not before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR pan 135 require employment oppommities be directed, were not fIlled to circumvent the Contractor's obligations under 24 CFR pan 135. Noncompliance with HUD's regulations in 24 CFR pan 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. With respect to work performed in connection with section 3 covered Indian housing assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 405e) also applies to the work to be performed under this contract. Section 7 (b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Panies to this Contract that are subject to the provisions of section 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). . LID 10 SECTION 3 EMPLOYMENT PLAN . NAME OF CONTRACTOR: ;d'1;4m,~//.#/f. /In& ~p~ ~$~ ~yfh;(/ Services to be Provided: ~~~.d~ Contract Amount: $ 70tjcj [KJ D D Contract amount does not exceed Section 3 dollar threshold. Section 3 requirements do not apply. Contract does not include housing rehabilitation, housing consouction or other public consouction. Section 3 requirements do not apply. Section 3 Tequirements do apply. Contractor has been notified of Section 3 requirements and has completed the anticipated work force analysis below. . The following work force is anric:ipatm to be m:cessary to satisfactorily complete this wotk: Job Classifications ExiStin2 Work Force Anticipated New Hires ~u x Contractor agrees to undertake a good faith effort 10 comply with all of the'provisions of Section of the Housing and Urban Development Act of 1968. Contractor ;;:~"d~ - :?A--/.~~ N~ and Title t -/ 8-- '17 Date . 'II 11 EXHIBIT E PROPERTY MANAGEMENT STANDARDS . 1. This anachment prescribes uniform standards governing the utilization and disposition of property furnished by the Federal Government or acquired in while or in pan with Federal funds by State and local governments. Federal grantor agencies shall require State and local governments to observe these standards under grants from the Federal Government and shall not impose additional requirements unless specifically required by Federal1aw. The grantees shall be authorized to use their own property management standards and procedures as long as the provisions of this anach.ment are included. 2. The following defInitions apply for the purpose of this attachment: 3. a. Real propertY. Real property means land, land improvements, strucrures and appurtenances thereto, excluding movable machinery and equipment. b. Personal propertY. Personal property means property of any kind except real property. It may be tangible - having physical existence, or intangible - having no physical existence, such as patents, inventions, and copyrights. c. Nonexoendable personal propertY. Nonexpendable personal property means tangible personal property having a usefuIlife of more than one year and an acquisition cost of $300 or more per unit. A grantee may use its own definition of nonexpendable personal property provided that such definition would at least include all tangible personal property as defined above. d. EXPendable personal propertY. Expendable personal property refers to all tangible personal property other than nonexpendable property. . e. Excess propertY. Excess property means property under the control of any Federal agency which, as determined by the head thereof, is no longer required for its needs. Each Federal grantor agency shall prescribe requirements for grantees concerning the use of real property funded partly or wholly by the Federal Government. Unless otherwise provided by statute, such requirements, as a minimum, shall contain the following: a. The grantee shall use the real property for the authorized purpose of the original grant as long as needed. b. L/~ The grantee shall obtain approval by the grantor agency for the use of the real property in other projects when the grantee determines that the property is no longer needed for the original grant purposes. Use in other projects shall be limited to those under other Federal grant programs, or programs that have purposes consistent with those authorized for support by the grantor. .'. c. When the real property is no longer needed as provided in a. and b., above, the grantee shall return all real property furnished or purchased wholly with Federal grant funds to the control of the Federal grantor agency. In the case of property purchased in pan with Federal grant funds, the grantee may be permined to take title to the Federal interest therein upon compensating the Federal Government for its fair share of the property. The Federal share of the property shall be the amount computed by applying the percentage of the Federal panicipation in the total cost of the grant program for which the property was acquired to the current fair market value of the property. . 12 . . .' 4, Standards and procedures governing ownership, use, and disposition of nonexpendable personal property furnished by the Federal Government or acquired with Federal funds are set forth below: a. Nonexoendable personal propertv acquired with Federal funds. When nonexpendable personal property is acquired by a grantee wholly or in pan with Federal funds, title will not be taken by the Federal Government except as provided in paragraph 4a(4), but shall be vested in the grantee subject to the following restrictions on use and disposition of the property: (1) The grantee shall retain the property acquired with Federal funds in the grant program as long as there is a need for the property to accomplish the purpose of the grant program whether or not the program continues to be supponed by Federal funds. When there is no longer a need for the property to accomplish the pmpose of the grant program, the grantee shall use the property in connection with other Federal grants it has received in the following order of priority: (a) Other grants of the same Federal grantor agency needing the property. (b) Grants of other Federal agencies needing the property. (2) When the grantee no longer has need for the property in any of its Federal grant programs, the property may be used for its own official activities in accordance with the following standards: (a) Nonexoendable propertv with an acouisition cost of less than $500 and used four vears or more. The grantee may use the property for its own official activities without reimbursement to the Federal Government or sell the property and retain the proceeds. (b) All other nonext>endable prooertV. The grantee may retain the property for its own use provided that a fair compensation is made to the original grantor agency for the laner's share of the property. The amount of compensation shall be commuted by applying the percentage of Federal panicjpation in the grant program to the current fair market value of the property. (3) If the grantee has no need for the property, disposition of the property shall be made as follows: (a) Nonex-pendable propertY with an acquisition cost of $1.000 or less. Except for that proPerty which meets the criteria of (2)(a) above, the grantee shall sell the property and reimburse the Federal grantor agency an amount which is computed in accordance with (ill) below. (b) Nonexpendable vropertv with an acquisition cost of over 51.000. The grantee shall request disposition instructions from the grantor agency. The Federal agency shall determine whether the property can be used to meet the agency' s requirement. If no requirement exists within that agency, the availability of the property shall be reponed to the General Services Administration (GSA) by the Federal agency to determine whether a requirement for the property exists in other Federal agencies. The Federal grantor agency shall issue instructions y!J 13 to the grantee within 120 days and the following procedures shall govern: (i) If the grantee is instructed to ship the property elsewhere, the grantee shall be reimbursed by the benefiting Federal agency with an amount which is computed by applying the percentage of the grantee's panicipation in the grant program to the current fair market value of the property, plus any shipping or interim storage costs incurred. (ii) If the grantee is instructed to otherwise dispose of the property, he shall be reimbursed by the Federal grantor agency for such costs incurred in its disposition. (ill) If disposition instructions are nOl issued within 120 days after reponing. the grantee shall sell the property and reimburse the Federal grantor agency an amount which is computed by applying the percentage of Federal panicipation in the grant program to the sales proceeds. Funher. the grantee shall be permined to retain $100 or 10 percent of the proceeds, whichever is greater. for the grantee's selling and handling expense. (4) Where the grantor agency determines that property with an acquisitil;m cost of $1.000 or more and financed solely with Federal funds is unique, difficult, or costly to replace. it may reserve title to such property. subject to the following provisions: (a) The property shall be appropriately identified in the grant agreement or otherwise made known to the grantee. (b) The grantor agency shall issue disposition instructions within 120 days after the completion of the Deed for the property under the Federal grant for which it was acquired. If the grantor agency fails to issue disposition insrructions within ~20 days. the grantee shall apply the standards of 4a(1), 4a(2)(b) and 4a(3)(b). b. Federallv-owned nonexpendable personal Dropertv. Unless statutory authority to transfer title has been granted to an agency. title to Federally-owned property (property to which the Federal Government retains title including excess property made available by the Federal grantor agencies to gran,lees) remains vested by law in the Federal Government. Upon tenninatiori of the 'grant or need for the property. such property shall be reported to the grantor agency for further agency utilization or, if appropriate. for reponing to the General Services Administration for other Federal agency utilization. Appropriate disposition instructions will be issued to the grantee after completion of Federal agency review. 5. The grantees' property management standards for nonexpendable personal property shall also include the following procedural requirements. a. Property records shall be maintained accurately and provide for: a description of the property; manufacturer's serial number or other identification number; acquisition date and cost; source of the property; percentage of Federal funds used in the purchase of property; location. use, and condition of the property; and ultimate disposition data t.ft.( 14 . . . . . . including sales price or the method used to determine current fair market value if the grantee reimburses the grantor agency for its share. b. A physical inventory of property shall be taken and the results reconciled with the property records at least once every two years to verify the existence, current utilization, and continued need for the property. c. A control system shall be in effect to insure adequate safeguards to prevent loss, damage, or theft to the property. Any loss, damage, or theft of non expendable property shall be investigated and fully documented. d. Adequate maintenance procedures shall be implemented to keep the property in good condition. e. Proper sales procedures sbal1 be established for unneeded property which would provide for competition to the extent practicable and result in the highest possible rerum. 6. When the total inventory value of any unused expendable personal property exceeds $500 at the expiration of need for any Federal grant pmposes, the grantee may retain the property or sell the property as long as he compensates the Federal Government for its share in the cost. The amount of compensation shall be computed in accordance with 4a(2)(b). 7. Specified standards for control of intangible property are provided as follows: a. If any program produces patentable items, patent rights, processes, or inventions, in the course of work aided by a Federal grant, such fact sbal1 be promptly and fully reponed to the grantor agency. Unless there is prior agreement between the grantee and grantor on disposition of such items, the grantor agency sbal1 determine whether protection on such invention or discovery shall be sought and how the rights in the invention or discovery - including rights under any patent issued thereon - shall be allocated and administered in order to protect the public interest consistent with .Government Patent Policy. (President's Memorandum for Heads of Executive Departments and Agencies, August 23, 1971, and Statement of Government Patent Policy as printed in 36 F.R. 16889) . b. Where the grant results in a book or copyrightable material, the author or grantee is free to copyright the work, but the Federal grantor agency reserves a royalty-free, nonexclusive and irrevocable license to reproduce, publish, or otherwise use. and to authorize others to use the work for Government pmposes. (G:\cdbg/cdbgcntr) ~~ 15