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Home My WebLink AboutItem 4.03 TriVlyHaven/KaleidoscopeCtr .# u_ l .. .' . '" CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: October 24, 1994 SUBJECT: Contracts with Kaleidoscope Activity Center and Tri-Valley Haven for Women, Inc. for administering CDBG fund expenditures. Carol R. Cirelli~ior Planner Exhibit 1: ~contract with Kaleidoscope Activity Center Exhibit 2:~contract with Tri-Valley Haven for Women, Inc. REPORT PREPARED BY: EXHIBITS ATTACHED: RECOMMENDATION: .t:r ;LA.;0< Authorize the Mayor to sign contracts with Kaleidoscope Activity Center and Tri-Valley Haven for Women, Inc. FINANCIAL STATEMENT: (See discussion below) DESCRIPTION: In March of 1994, the City Council directed staff to apply to the Alameda County Housing and Community Development Department (county) for $89,290 in Community Development Block Grant (CDBG) funding for fiscal year 1994-1995. The County approved the city's $89,290 CDBG funding allocation request. Two of the projects the City Council approved for funding under the city's CDBG allocation request included the Kaleidoscope Activity Center and Tri-Valley Haven for Women, Inc. projects. The city Council approved an allocation of $10,000 for each project. The city must now enter into a contract with each agency that describes the conditions under which the $10,000 may be expended. Staff recommends that the City Council execute contracts with the Kaleidoscope Activity Center and Tri-Valley Haven for Women, Inc. for purposes of administering CDBG fund expenditures. X KEF ~ 0-$0 CITY CLERK FILE I; 0 0 COPIES TO: KALEIDOSCOPE ACTIVITY CENTER TRI-VALLEY HAVEN FOR WOMEN HCD FILE SENIOR PLANNER \ \ ITEM NO. ~ 7 l . RECEIVED JUN 2 2 1994 lYJSUN PLANNING June 20,,1994 Carol Cirelli, Senior Planner Planning Department P.O. Box 2340 Dublin, CA 94568 Dear Carol, Please find enclosed the contract for CDBG funds that the City of Dublin has allocated for Kaleidoscope Activity Center. I hope all of the paperwork has been completed correctly. Thank you for your time and please contact me if more information is needed. Sincerely, CttVv-~W Clare Jos~1 Executive Director J EXHIBIT I 7425 Larkdale Ave., Dublin, California 94568 (510) 828-8857 .. . . Contract Reference No. CONTRACT THIS CONTRACT, made and entered into this 20 day of :::rUl()E , 19 9~ by and between the CITY OF DUBLIN, a body corporate and politic of the State of California, hereinafter referred to as "City" and Kaleidoscope Activity Centerl hereinafter referred to a "Contractor". WITNESSETH: WHEREAS, City is desirous of contracting with Contractor for the provision of certain servicesl 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 Council 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, IT IS HEREBY MUTUALLY AGREED as follows: 1. Attached hereto, marked Exhibit A, and by this reference made a part hereof, is a description of the-duties and services to be performed for City by Contractor I and Contractor agrees to comply with all provisions, to perform all work, and to provide all such duties and services set forth in Exhibit ~ in a professional and diligent manner. 2. City has allocated the sum of $10,000 to be expended as described in this contract. Unless an amendment to this contract otherwise provides I 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 BI attached hereto and by this reference made a part hereof. Sums not so paid shall be retained by City. 3. The term of this contract begins on the 1st day of ' July I 1994 and ends on the 30th day of June, 1995. 4. Contractor shall maintain on a current basis complete records, including books of original entrYI source documents supporting accounting transactions, eligibility and service records as may be -~~ applicablel a general ledger, personnel and payroll recordsl canceled . checksl and related documents and records to assure proper accounting of funds and performance of this contract in accordance with instructions provided and to be provided by City. Said instructions may include requirements as to the length of time such records are to be retained by Contractor. Contractor shall comply with all such II - I - . . . instructions. Contractor will cooperate with City in the preparation of! and will furnish any and all information required for reports to be prepared by City as may be required by the rules! regulations! or requirements of City or of any other governmental entity. To the extent permitted by law! Contractor will also permit access to all books, accounts! or records of any kind to City or to any other governmental entity for purposes of audit or investigation! in order to ascertain compliance with the provisions of this contract. 5. Contractor shall maintain! at all times during the term of this contract! the insurance and bonding documentation described in Exhibit C to this contract! and shall comply with all other requirements set forth in that Exhibit. 6. 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 contact, and Contractor shall hold City harmless from and defend City against any and all claims or suits for loss occasioned in the performance of! or otherwise arising out of, this contract. 7. City may conduct a program evaluation during the terms of this contract not later than the ninth month of that term. City, with prior written notice of 14 days to contractor! may at any time during the term of this contract conduct an evaluation of the program. Said evaluation shall cover both objectives and program of Contractor. Contractor shall maintain and retain records with respect to such objectives! program! and evaluations! and shall cooperate with City in making these or any other evaluation reports; Contractor shall permit access by City to the premises! shall furnish all information requested by City! and shall afford City access to all such records of Contractor. 8. Contractor shall not claim reimbursement from City for (or apply sums received from City) with respect to that portion of its obligations which has been paid by another source of revenue. However, unrestricted or undesignated private charitable donations and contributions shall not be considered revenue applicable to this contract. Contractor has total freedom in planning for the usage of such resources in expanding and enriching programs! or in providing for such other operating contingencies as it may desire. Sums received as a result of applications for funds from public or private organizations shall be considered such revenue insofar as such sums are or can be applied to the work to be performed .by Contractor pursuant to this contract. Nothing herein shall be deemed to prohibit Contractor from contracting with more than one entity to perform additional work similar to or the same as that herein contracted for. 9. None of the work to be performed by Contractor shall be subcontracted without the prior written consent of City. Contractor shall be as fully responsible to City for the acts and omissions of any subcontractors! and of persons either directly or indirectly employed by them, as Contractor is for the acts and omissions of persons directly employed by Contractor. Contractor shall not u - 2 - 4 . . transfer any interest in this contract (whether by assignment or notation) without the prior written approval of City. No party shall, on the basis of this contract! in any way contract on behalf of! or in the name of! the other party to the contract, and any attempted violation of the provisions of this sentence shall confer no rights, and shall be void. 10. Neither the Contractor nor any of its employees shall by virtue of this contract be an employee of City for any purpose whatsoever! nor shall it or they be entitled to any of the rights! privileges! or benefits of City employees. Contractor shall be deemed at all times an independent contractor and shall be wholly responsible for the manner in which it performs the services required of it by the terms of this contract. Contractor assumes exclusively the responsibility for the acts of its employees as they relate to the services to be provided during the course and scope of their employment. 11. Contractor agrees to maintain the confidentiality of any information which may be obtained with this work. City shall respect the confidentiality of information furnished by Contractor to City. 12. If! through any cause! Contractor shall fail to fulfill in timely and proper manner its obligations under this contract! or if Contractor shall violate any of the covenants! agreements! or stipulations of this contract! City shall thereupon have the right to terminate this contract by giving written notice to Contractor of such termination and specifying the effective date of such termination. Without prejudice to the foregoing! Contractor agrees that if! prior to the termination or expiration of this contract! upon any final or interim audit by City that Contractor shall forthwith bring itself into compliance and shall pay to City forthwith whatever sums are so disclosed to be due to the City (or shall, at City's election! permit City to deduct such sums from whatever amounts remain undisbursed by City to Contractor pursuant to this contract); if this contract shall have terminated or expired! and it shall be disclosed upon such audit! or otherwise! that such failure shall have occurred! the Contractor shall pay to City forthwith whatever sums are so disclosed to! or determined by! City to be due to City! or shall! at City's election, permit the City to deduct such sums from whatever amounts remain undistributed by City to Contractor pursuant to this or any other contract between the City and Contractor. Anything in this contract to the contrary notwithstanding! City or Contractor shall have the right to terminate this contract with or without cause at any time upon giving at least 30 days' written notice prior to the effective date of such termination! in which event City shall have no further liability to Contractor to advance funds. 13. Contractor shall comply with all applicable laws, ordinances! and codes of Federal! State and local governments! in performing any of the work embraced by this contract. 14. Contractor shall manage all property acquired under this contract according to the property management standards contained in Exhibit E. Contractor shall retain the property acquired with funds II - 3 - . . under this contract as long as there is a need for the property to accomplish the purpose of the program whether or not the program continues to be supported by City funds. For disposition of property having a useful life of more than one year and an acquisition cost of $500 or more per unit/ Contractor shall request disposition instructions from City. All personal property acquired with funds pursuant to this contract shall be acquired in compliance with Federal Management Circular 74-7/ Attachment N-Property Management Standards. 15. City shall assign a liaison to Contractor with respect to the performance of this contract. In the event that a budget is one of the Exhibits to this contract/ and if any adjustment in line items in that budget is requested by Contractor, such adjustment may be made upon receipt by Contractor of the written approval of the liaison. Such budget adjustment shall not alter (1) the basic scope of services or other performance to be provided under this contract/ (2) the time of performance of any act hereunder/ or (3) the total amount of money allocated hereunder. 16. Contractor agrees to comply with all requirements which are now/ or which may hereafter be/ imposed by the funding agency/ as well as such requirements as may be imposed by City. 17. Contractor agrees that no person in the United States shall/ on the grounds of race/ color/ religion/ national origin/ sex/ sexual orientation/ handicap/ ancestry/ or age be excluded from participation in/ be denied the benefits of/ or be subjected to discrimination under any program or activity funded in whole or in part with funds made available to Contractor by City pursuant to this contract. Pursuant to this agreement Contractor shall not: a. Deny any service or other benefit provided under the program or activity; b. Provide any service or other benefit which is different/ or is provided in a different form from that provided to others under the program or activity; c. Subject to segregated or separate treatment in any facility in, or in any manner or process related to receipt of any service or benefit under the program or activity; d. Restrict in any way the enjoyment of any advantage or privilege enjoyed by other receiving any service or benefit under the program or activity; e. Treat an individual differently from others in determining whether that individual satisfies any admission, enrollment/ eligibility, membership/ or other requirement or condition which individuals must meet in order to be provided any service or other benefit provided under the program or activity; or f. Deny an opportunity to participate in a program or activity as an employee. - 4 - . . 18. Contractor and City recognize that unforeseen events may cause significant increases in the costs to be borne by Contractor in rendering services hereunder and in otherwise performing this contract. If the City Council determines that the Contractor has incurred unforeseen significant costs/ which/ if not paid, will interfere substantially with Contractor's performance hereunder/ and reimbursement thereof is necessary in order to prevent undue hardship to the recipients of Contractor's services/ this contract may be amended. 19. Contractor shall not/ during the term of this contract/ without obtaining the written consent of City/ permit any member of the governing board of the Contractor to perform for compensation any administrative or operational functions for the Contractor with respect to the performance of this contract (including/ but not by way of limitation/ fiscal/ accounting/ or bookkeeping functions). Such consent shall be obtained in writing by Contractor from the Contractor's liaison with City. The liaison may consent if the liaison determines such performance to be fair or reasonable. Should the liaison refuse to consent within three weeks of receipt of the request therefore/ then Contractor either shall comply with the liaison's decision/ or shall file a letter with the Clerk of the City Council protesting the liaison's decision. In that event/ the performance of such functions may continue until the City Council has decided the matter. The Contractor shall comply with such Council decision. Contractor shall not/ during the term of this contract/ with respect to the performance of this contract/ without having promptly disclosed the same to City in writing: a. Employ any person who is related by blood or marriage to another employee/ a manager/ or a member of the governing board of the Contractor; or b. Contract for the acquisition of goods or services for more consideration than would be paid for equivalent goods or services on the open market from any person who is related by blood or marriage to a manager or a member of the governing board of the Contractor; or c. Contract for the acquisition of goods or services for more consideration than would be paid for equivalent goods or services on the open market from any organization in which any person who is related by blood or marriage to a manager or member of the governing board of the Contractor has a substantial personal financial interest. Such disclosure shall be by a writing addressed to the Contractor's liaison with City; should said liaison object to such employment or contracting in writing to the Contractor within three weeks of receipt of the disclosure/ then Contractor either shall not permit such employment or contracting as so disclosed/ or shall file a letter the Clerk of the City Council protesting the liaison's decision. that event/ said employment or contracting may continue until the Council has decided the matter. The Contractor shall comply with Council decision. Contractor shall not during the term of this contract/ permit any member of the governing board of the Contractor to have or acquire, directly or indirectly/ any personal financial ~ with In City such - 5 - . . interest in the performance of the contract/ as by providing goods or servJces for compensation/ or otherwise, without having first disclosed the same to the Council/ and said member shall not participate in Council's discussion or action on such matter. 20. Contractor will not discriminate against any employee or applicant for employment because of race/ color/ national origin/ sex, handicap/ sexual orientation/ age/ ancestry or religion. Contractor will take affirmative action to assure that applicants are employed and employees are treated during employment without regard to race, color/ sex/ sexual orientation/ handicap/ national origin/ ancestry/ age or religion, with the goal being that the ethnic composition of the contractor's work force component for the project or service will approximate the ethnic composition of the population of the City of Dublin. Such action shall include/ but not be limited to, employment upgrading, demotion/ or transfer; recruitment or recruitment advertising; lay-off or termination; rate of payor forms of compensation; and selection for training/ including apprenticeship, pre-apprenticeship training/ and on-the-job training. Contractor agrees to post in conspicuous places/ available to employees and applicants for employment/ notices to be provided by the awarding authority setting forth the provisions of this non-discrimination clause. 21. Contractor agrees to comply with the requirements of the Section 3 Plan, attached hereto as Exhibit D. 22. This contract can be amended only by written agreement of the parties hereto. CITY OF DUBLIN By "City" Approved as to form: Executive Director Title By "Contractor" ATIEST: City Clerk - 6 - . . EXHIBIT A WORK PROGRAM BETWEEN THE CITY OF DUBLIN AND Kaleidoscope Activity Center July 1/ 1994 Through June 30/ 1995 1. 2. 3 . 4. Contractor shall provide two reports to the City/ due on January 15/ 1995 and April 15, 1995. Reports shall include a line-item reporting of the use of funds allocated under this contract/ matching funds expended/ and a brief summary of the number of people served/ where they were from/ and services provided during that time period. " . . EXHIBIT A (continued) CONTRACT BUDGET July 11 1994 through June 301 1995 Budqet Item $10,000.00 Payment toward partial mottgage buy down (this window is during the month of December). TOTAL $ 10,000.00 " . . E X H I BIT B TERMS AND CONDITIONS OF PAYMENT 1. 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. 2. Except as noted below/ all payments to the Contractor shall be made on a reimbursement basis (i.e./ Contractor shall seek reimbursement from the City after expenses have already been incurred). The City shall reimburse the Contractor within thirty (30) days after the terms and conditions of this contract have been satisfied. 3. Contractor shall submit all claims for reimbursement under the contract within thirty (30) days after the ending date of the contract. All claims submitted after thirty (30) days following the ending date of this contract will not be subject to reimbursement by the City. Any "obligations incurred" included in claims for reimbursements and paid by the City which remain unpaid by the Contractor after thirty (30) days following the ending date of the contract will be disallowed under audit by the City. 4. All requests for reimbursement shall be submitted in the form of an invoice or letter. Requests for reimbursement shall be dated and signed by 1) the Executive Director/ and 2) the Contractor's accountant or a Board member. 5. Requests for reimbursement shall be accompanied by supporting documentation which gives evidence of the expenses incurred by the Contractor (i.e./ valid receipts and/or copies of canceled checks made to the sub-contractor). Said documentation shall include sufficient detail to enable proper account coding by the City Finance Department. The City will not make direct payment to the Contractor if evidence of payment to the sub-contractor is not provided. However, the City may issue payment directly to the sub-contractor with proper documentation. 6. Whenever possible, requests for reimbursement shall be compiled by the Contractor for submittal on a monthly basis to the City. While the City will try to accommodate unusual or emergency requests for reimbursement whenever possible/ the City will bear no responsibility for any consequences suffered by the Contractor through adherence to a monthly system of handling reimbursement. 7. The Contractor shall maintain copies of all financial records related to this contract. The information shall be available at all times for review by the City and/or any other governmental entity pursuant to the terms of this contract. " . . E X H I BIT c CERTIFICATE OF INSURANCE SERVICE CONTRACTS NOTE: No other certificate forms wil1 be accepted. Please complete the following information: CONTRACTOR: Kaleidoscope Activity Center CONTRACT TEID1: July 1, 1994-June 30, 1995 City of Dublin Planning Department City Agency of Department POLICY/BOND ENDORSL~NT REQUIREMENTS Contractor's policies or bonds shall be endorsed as follows: Name City, its officers, agents and employees as Additional Insured/Obligees with respect to services being provided, but City is not liable to the insurance company for any premiums, costs or assessments in connection with Contractor's policy/bond, as a result of being an Additional Insured. Provide City 30 days advance written notice of cancellation, non-renewal or reduction in limits or coverage including the name of the Contract, mailed to the following address: Clare Jost. Executive Director Individual Coordinating Contracts 100 Civic Plaza, Dublin, CA Address 94567 Dublin, CA 94568 City, State, Zip State the Contractor's policy/bond is primary insurance to any other insurance available to City with respect to any claim arising out of this contract. Contractor is responsible for payment of insurance deductibl~s. Insurance companies must have an "A.M. Best" rating of B+, .! or better. I I . REQUIRED COVERAGES - TtThere "X" Appears in Box x 1. Workers' Compensation a. Statutory Compensation coverage. b. Employer's liability insurance with limit not less than $100,000 per occurrence. . CERTIFICATES OF L~SURANCE Golden Eagle Insurance Company(s) GWC-249074-02 1NOV93-310CT94 Policy Number(s),Policy Period (dates) ( )1.1(-< '~0~ // Signature o~ Individual author- ized by In~9rance Company to bind Company to coverage shown, and above endorsement require- ments. Clare Jost, Executive Director Name 7425 Larkdale Avenue Address Dublin, CA 94568 City, State, Zip x 2. Comprehensive General Liability a. b. X -X ---x Minimum Limits of Liability: $1,000,000 per occurrence combined single limit bodily injury and property damage. Coverages: Bodily Injury Property Damage Blanket Contractual Personal Injury Products/Completed Operations Broad Form Property Daoage Fire Damage Legal Liability c. Deductible not to exceed $5,000 per occurrence Cross Liability or Severability of Interests Clause in policy d.X Safeco Insurance Company(s) CP7754 112 21MAY94-20MAY95 Policy Number(~), Policy Period (dates) ,') / ( r/ 1/ /)/1 ft.Ur - /V ./"1,_ (/~ 'J, -," '-'..:./ Signature ot/l~d~v~dual author ized by Insurarice Co~pany to bind Company to coverage shown, and above endorsement require- ments. Clare Jost, Executive Director Name 7425 Larkdale Avenue Address Dublin, CA 94568 City, State, Zip e. Occurrence Form. Claims Made Form " . . x 2. Comprehensive General Liability, continued f. If claims made, please complete the following: none made Coverage for all prior acts? If prior acts coverage is restricted, advise retroactive date of coverage. not applicable Extended discovery provision: If Insurance Company cancels, how long is period of extended discovery? If Contractee cancels, how long is optional coverage for extended discovery? Percentage of annual premium cost to purchase the extended discovery? A Certified copy of the Claims Made form ~ust be provided. It will be a requirement of the City that Coverage for the period of the contract will be maintained for a period of no less than five years after the expiration of the contract. If coverage for five years is not available, a shorter term ~ay be negotiated. REQUIRED COVERAGES - Where, "X" Appears in Box X 3. Comprehensive Autombile Liability a. Minimum Limits of Liability $1,000,000 per occurrence combined single limit Bodily Injury and Property Damage. Assigned risk insurance at available State financial responsibility limits. b. Coverages: X X -X X Oi~ed Automobiles, if any Non-owned Auto~obiles Hired Automobiles Cross Liability or Severability of Interests clause in policy CERTIFICATES OF INSU~~~CE Paratransit Insurance Company(s) 0172 1JUL93-30JUN94 Policy NumberCs)Policy Period EfaJ:e~) " J /' (~~crr ~ C./f' Signature~f11ndividual author- ized by Insufance Company to bind Company to coverage shown, and above endorse~ent require- ments. Clare J6st, Executive Director Name 7425 Larkdale Avenue Address Dublin, CA 94568 City, State, Zip . REQUIRED COVERAGES - Where "X" Appears in Box 4. Professional Liability 1. For professional employees licensed as a condition of employment at the beginning of contract term or hired during the contract terms, insuring against error or omission in rendering or failing to render professional services. Coverage shall continue for a minimum of five yea rs . a. Minimum Limits of Liability: $1,000,000 per claim b. Deductible not to exceed $5,000 per claim c. Five years extended dis- covery. If this coverage is not provided, this state- ment should be part of insurance clause of contract: "Contractor shall procure and maintain professional liability coverage for five years." Cross Liability or Severability of Interests Clause in Policy 2. Contractor certifies there are no licensed or certified professional employees at contract effective date and will notify City and comply with this professional liability insurance provision if professional employees are hired during contract term. Signature Clare Jost, Executive Director Printed Name Title II . CERTIFICATES OF INS~~CE North American Specialty Insurance Co. Insurance Company(s) 37003GA02735-00 25SEP93-24SEP94 Policy Number(s)Policy Period (dates) I )" // , J __ !,~/",---/~~ 'b-.-~/ Signature~of Individual author- ized by Insurance Company to bind Company to coverage shown, and above endorsement require- ments. (Except additional insured not required.) Clare Jost, Executive Director Name 7425 Larkdale Avenue Address Dublin, CA 94568 City, State, Zip . REQUIRED COVERAGES - Where "X" Appears in Box s. Bonds/Crime Insurance 1. Fidelity Insurance Bond a. Faithful Performance Coverage of all officials, agents, and employees with access to funds received by the Contractor. b. Limits shall at least be equal to maximum County funds in contractors possession or control during contract term. 2. Money and Securities Policy a. Insurance against the disappearance, destruction or wrongful abstraction of funds on and off premises of contractor. b. Limits shall be a: least equal to maximum City funds in contractors possession or control during contract term. . CERTIFICATES OF INSmL~CE Not available required subcontractor to be Insurance Company(s) bonded. Policy Numberts)Policy Perioa (dates) Signature of Individual author- ized by Insurance Company to bind Company to coverage show"D., and above endorsement require- ments. Name Address State, C~ty, Z~p 6. Other (Describe below) ------, -_/ Insurance Company(s) Policy Number(s) Policy Period (dates) Signature of Individual author- ized by Insurance Company to bind Company to coverage shown, and above to endorsement requirements. Name Address City, State, Zip . . 7. Self-Insurance Not applicable Contractors self-insured for any risks shown in Sections above shall --- attach to contract evidence satisfactory to City of Contractor's financial ability (such as a current financial statement) to respond to losses in amounts shown above, for each risk self-insured. Contractor shall complete and sign the following statement and attach to contract. The Contractor is self-insured for the following coverages with respect to .this contract. CERTIFICATES OF INS~~CE REQUIRED COVERAGES - Where "X" Appears in Box Worker's Compensation Comprehensive General Liability to the limit of $ ---x- X -X Bodily injury Property damage Blanket Contractual Personal injury Products/completed operations Broad form property damage Fire damage legal liability X X -r Comprehensive Auto Liability to the limit of $ " . . EXHIBIT D SECTION 3 EMPLOYMENT PLAN Purpose To insure that to the greatest extent feasible/ projects financed by the Alameda County Housing and Community Development Program provide business and employment opportunities for businesses in the Alameda County unincorporated project areas and the Cities of Albany/ Dublin, Emeryville/ Newark, and Piedmont. ' In all contracts for work in connections 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 on a project assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968/ as amended/ 12 U.S.C. 1701u. Section 3 requires that to the greatest extent feasible/ opportunities for training and employment be given to lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in/ or owned in substantial part by persons residing in the area of the project. 2. The parties to this contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR Part 135/ and all applicable rules and orders of the Department issued thereunder prior to the execution of this contract. The parties to this contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. 3. The Contractor will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or worker's representative of his commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. 4. The Contractor will include this Section 3 clause in every subcontract for work in connection with project and will/ at the discretion of the applicant for or recipient of Federal finance assistance/ take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development 24 CPR Part 135. The contractor will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135/ and will not let any subcontract unless the . . subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. 5. Compliance with the provisions of Section 3/ the regulations set forth in 24 CFR Part 135/ and all applicable rules and orders of the Department issued thereunder prior to the execution of the contract/ shall be a condition of the Federal financial assistance provided to the project/ binding upon the applicant or recipient for such assistance/ its successor and assigns. Failure to fulfill these requirements shall subject the applicant or recipient/ its contractors and subcontractors, its successors and assigns to those sanctions specified by the grant or loan agreement or contract through which Federal assistance is provided/ and to such sanctions as are specified by 24 CFR Part 135. Name of Contractor: Kaleidoscope Activity Center Services to be Provided: partial buy down of mortgage Contract Amount: $10,000.00 The following work force is anticipated to be necessary to satisfactorily complete this work: Job Classification Existinq Work Force Anticipated New Hires Contractor agrees to undertake a good faith effort to comply with all of the provisions of Section 3 of the Housing and Urban Development Act of 1968. Kaleidoscope Activity Center Name of Contractor 3) TuN 91 Date II . . E X H I BIT E PROPERTY Mk~AGEMENT 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 property. Real property means land, land improvements, struc- tures 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 a~istence, 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 useful lifeof more than one year and an acquisition cost of $500 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. any Federal agency which, required for its needs. Excess property means property under the control of as determined by the head thereof, is no longer 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 other~ise provided by statute, such requirements, ~s 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 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 part with Federal grant funds, the grantee may be permitted to take title to the Federal interest therein upon co~pensating the Federal Government for its fair share of the property. Tae Federal slLare 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. 4. Standards and procedures governing ownership, use, and disposition of non- expendable personal property furnished by the Federal Government or acquired with Federal funds are set forth below: a. Nonexpendable ersona1 property acquired with Federal funds. When nonexpenda Ie personal property is acquired Y a grantee w 0 Y or ~n part with Federal funds, title will not be taken by the Federal Government except as provided in paragraph 4a(4), but shal1 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 connection with other Federal grants it has received in the fo11orKing 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 fol1owing standards: (a) Nonexpendab1e property with an acquisition cost of less than $500 and used four years or oore. .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) A11 other nonexpendab1e property. The grantee may retain the property for its own use provided that a fair compensation is made to the original grantor agency for the latter's share of the property. The amount of compensation shall be computed by applying the percentage of Federal partici- pation 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 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 co~puted in accordance with (iii) below. u . . (b) Nonexpendable property 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 to the grantee within 120 days and the following procedures shall govern: (i) If the grantee is instructed to sbip the property else- where, 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. (iii) 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 participation in the grant program to the sales proceeds. Further, the grantee shall be permitted to retain $100 or 10 percent of the proceeds, whichever is greater, for the grantee's selling and handling expenses. (4) wllere 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 shall issue disposition instructions within 120 days after the coapletion 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 120 days, the grantee shall apply the standards of 4a(1), 4a(2) (b), and 4a(3) (b). b. Federally-owned nonexpendab1e personal property. 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 report- ing to the General Services Administration for other Federal agency utiliza- tion. Appropriate disposition instructions will be issued to the grantee after cocpletion of Federal agency review. 5. The grantees' property management standards for nonexpendable personal property shall also include the following procedural requirements. " I . . a. Property records shall be maintained accurately and provide for: a description of the property; manufacturer's serial number or other identifica- tion number; acquisition date and cost; source of the property; percentage of Federal funds used in the purchase of property; 10cation, use, and condition of the property; and ultimate disposition data 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 rec~nci1ed 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 nonexpendab1e property shall be investigated and fu11y 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 or need for any Federal grant purposes, the grantee may retain the property or se11 the property as 10ng 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 reported 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 al10cated and administered in order to protect the public interest consistent with "Govern- ment Patent Policy" (President's Hemorandum 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 other 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. 0635K/20 1/ I . . .i",~(;EIVE[) ft.U 8 1 ~ 1994 -"';~,I r.1 .~)'I(\.l;'\''" TRI-VALLEY HAVEN FOR WOMEN P.O. Box 2190 Livermore, CA 94551 Tel: (510) 449-5845 Fax: (510) 449-2684 August 2/ 1994 Laurence L. Tong, Planning Director City of Dublin P.O. Box 2340 Dublin, CA 94568 Dear Mr. Tong: Enclosed is our CDBG contract with the City of Dublin. We are requesting that requirement No.9 on Pg. 2 be delegated to Barbara Hempill, Human Services Coordinator, City of Livermore. Since the City of Livermore is granting $370/000 to this building project and Ms. Hempill will be monitoring all CDBG requirements for the City of Livermore, it would seem more time and cost effective for her to monitor all CDBG funds. Please let me know if you have any problems with this arrangement. Ms. Hempill can be reached at 373-5148. Yours truly, ~~ Helen Meier Executive irector HM/skh " EXHIBIT Gl . . Contract Reference No. CONTRACT THIS CONTRACT I made and entered into this day of I 19 by and between the CITY OF DUBLIN, a body corporate and politic of the State of Californial hereinafter referred to as "City" and Tri-Valley Haven for Womenl Inc'l hereinafter referred to a "Contractor". WITNESSETH: WHEREAS I City is desirous of contracting with Contractor for the provision of certain services, a description of which are presented in Exhibit AI attached hereto; and WHEREAS I Contractor is willing and able to perform duties and render services which are determined by the City Council to be necessary or appropriate for the welfare of residents of City; and WHEREAS I City desires that such duties and services be provided by Contractor I and Contractor agrees to perform such duties and render such servicesl as more particularly set forth below: NOWI THEREFORE I IT IS HEREBY MUTUALLY AGREED as follows: 1. Attached hereto, marked Exhibit AI and by this reference made a part hereofl is a description of the-duties and services to be performed for City by Contractor, and Contractor agrees to comply with all provisionsl to perform all workl and to provide all such duties and services set forth in Exhibit ~ in a professional and diligent manner. 2. City has allocated the sum of $101000 to be expended as described in this contract. Unless an amendment to this contract otherwise providesl that amount shall in no event be exceeded by Contractor I 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 part hereof. Sums not so paid shall be retained by City. 3. The term of this contract begins on the 1st day of JulYI 1994 and ends on the 30th day of June, 1995. 4. Contractor shall maintain on a current basis complete recordsl including books of original entry I source documents supporting accounting transactions I eligibility and service records as may be applicablel a general ledger, personnel and payroll recordsl canceled checksl and related documents and records to assure proper accounting of funds and performance of this contract in accordance with instructions provided and to be provided by City. Said instructions may include requirements as to the length of time such records are to be retained by Contractor. Contractor shall comply with all such I I - 1 - . . instructions. Contractor will cooperate with City in the preparation ofl and will furnish any and all information required for reports to be prepared by City as may be required by the rules, regulations I or requirements of City or of any other governmental entity. To the extent permitted by lawl Contractor will also permit access to all booksl accounts, or records of any kind to City or to any other governmental entity for purposes of audit or investigation I in order to ascertain compliance with the provisions of this contract. 5. Contractor shall maintainl at all times during the term of this contract I the insurance and bonding documentation described in Exhibit f to this contractl and shall comply with all other requirements set forth in that Exhibit. 6. Contractor shall indemnify CitYI its officers and employeesl 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 contact I and Contractor shall hold City harmless from and defend city against any and all claims or suits for loss occasioned in the performance ofl or otherwise arising out ofl this contract. 7. City may conduct a program evaluation during the terms of this contract not later than the ninth month of that term. City, with prior written notice of 14 days to contractor I may at any time during the term of this contract conduct an evaluation of the program. Said evaluation shall cover both objectives and program of Contractor. Contractor shall maintain and retain records with respect to such objectivesl program, and evaluations, and shall cooperate with City in making these or any other evaluation reports; Contractor shall permit access by City to the premises, shall furnish all information requested by City, and shall afford City access to all such records of Contractor. 8. Contractor shall not claim reimbursement from City for (or apply sums received from City) with respect to that portion of its obligations which'has been paid by another source of revenue. However I unrestricted or undesignated private charitable donations and contributions shall not be considered revenue applicable to this contract. Contractor has total freedom in planning for the usage of such resources in expanding and enriching programs, or in providing for such other operating contingencies as it may desire. Sums received as a result of applications for funds from public or private organizations shall be considered such revenue insofar as such sums are or can be applied to the work to be performed by Contractor pursuant to this contract. Nothing herein shall be deemed to prohibit Contractor from contracting with more than one entity to perform additional work similar to or the same as that herein contracted for. 9. None of the work to be performed by Contractor shall be subcontracted without the prior written consent of City. Contractor shall be as fully responsible to City for the acts and omissions of any subcontractors I and of persons either directly or indirectly employed by them, as Contractor is for the acts and omissions of persons directly employed by Contractor. Contractor shall not I I - 2 - . . transfer any interest in this contract (whether by assignment or notation) without the prior written approval of City. No party shall, on the basis of this contract I in any way contract on behalf ofl or in the name ofl the other party to the contract I and any attempted violation of the provisions of this sentence shall confer no rightsl and shall be void. 10. Neither the Contractor nor any of its employees shall by virtue of this contract be an employee of City for any purpose whatsoever I nor shall it or they be entitled to any of the rightsl privilegesl or benefits of City employees. Contractor shall be deemed at all times an independent contractor and shall be wholly responsible for the manner in which it performs the services required of it by the terms of this contract. Contractor assumes exclusively the responsibility for the acts of its employees as they relate to the services to be provided during the course and scope of their employment. 11. Contractor agrees to maintain the confidentiality of any information which may be obtained with this work. city shall respect the confidentiality of information furnished by Contractor to City. 12. Ifl through any causel Contractor shall fail to fulfill in timely and proper manner its obligations under this contractl or if Contractor shall violate any of the covenantsl agreements, or stipulations of this contract I City shall thereupon have the right to terminate this contract by giving written notice to Contractor of such termination and specifying the effective date of such termination. Without prejudice to the foregoing, Contractor agrees that if, prior to the termination or expiration of this contract, upon any final or interim audit by City that Contractor shall forthwith bring itself into compliance and shall pay to City forthwith whatever sums are so disclosed to be due to the City (or shalll at City's election I permit City to deduct such sums from whatever amounts remain undisbursed by City to Contractor pursuant to this contract); if this contract shall have terminated or expired, and it shall be disclosed upon such auditl or otherwisel that such failure shall have occurred, the Contractor shall pay to City forthwith whatever sums are so disclosed tOI or determined bYI City to be due to City, or shall, at City's election, permit the City to deduct such sums from whatever amounts remain undistributed by City to Contractor pursuant to this or any other contract between the City and Contractor. Anything in this contract to the contrary notwithstanding I City or Contractor shall have the right to terminate this contract with or without cause at any time upon giving at least 30 days' written notice prior to the effective date of such terminationl in which event City shall have no further liability to Contractor to advance funds. 13. Contractor shall comply with all applicable laws, ordinances I and codes of Federal, State and local governmentsl in performing any of the work embraced by this contract. 14. Contractor shall manage all property acquired under this contract according to the property management standards contained in Exhibit E. Contractor shall retain the property acquired with funds I I - 3 - . . under this contract as long as there is a need for the property to accomplish the purpose of the program whether or not the program continues to be supported by City funds. For disposition of property having a useful life of more than one year and an acquisition cost of $500 or more per unit/ Contractor shall request disposition instructions from City. All personal property acquired with funds pursuant to this contract shall be acquired in compliance with Federal Management Circular 74-7/ Attachment N-Property Management Standards. 15. City shall assign a liaison to Contractor with respect to the performance of this contract. In the event that a budget is one of the Exhibits to this contract/ and if any adjustment in line items in that budget is requested by Contractor, such adjustment may be made upon receipt by Contractor of the written approval of the liaison. Such budget adjustment shall not alter (1) the basic scope of services or other performance to be provided under this contract/ (2) the time of performance of any act hereunder/ or (3) the total amount of money allocated hereunder. 16. Contractor agrees to comply with all requirements which are now/ or which may hereafter be/ imposed by the funding agency/ as well as such requirements as may be imposed by City. 17. Contractor agrees that no person in the United States shall/ on the grounds of race/ color/ religion/ national origin/ sex/ sexual orientation/ handicap, ancestry, or age be excluded from participation in/ be denied the benefits of/ or be subjected to discrimination under any program or activity funded in whole or in part with funds made available to Contractor by City pursuant to this contract. Pursuant to this agreement Contractor shall not: a. Deny any service or other benefit provided under the program or activity; b. Provide any service or other benefit which is different/ or is provided in a different form from that provided to others under the program or activity; c. Subject to segregated or separate treatment in any facility in/ or in any manner or process related to receipt of any service or benefit under the program or activity; d. Restrict in any way the enjoyment of any advantage or privilege enjoyed by other receiving any service or benefit under the program or activity; e. Treat an individual differently from others in determining whether that individual satisfies any admission/ enrollment/ eligibility/ membership/ or other requirement or condition which individuals must meet in order to be provided any service or other benefit provided under the program or activity; or f. Deny an opportunity to participate in a program or activity as an employee. - 4 - . . 18. Contractor and City recognize that unforeseen events may cause significant increases in the costs to be borne by Contractor in rendering services hereunder and in otherwise performing this contract. If the City Council determines that the Contractor has incurred unforeseen significant costs/ which, if not paid, will interfere substantially with Contractor's performance hereunder/ and reimbursement thereof is necessary in order to prevent undue hardship to the recipients of Contractor's services/ this contract may be amended. 19. Contractor shall not, during the term of this contract/ without obtaining the written consent of City, permit any member of the governing board of the Contractor to perform for compensation any administrative or operational functions for the Contractor with respect to the performance of this contract (including/ but not by way of limitation/ fiscal, accounting/ or bookkeeping functions). Such consent shall be obtained in writing by Contractor from the Contractor's liaison with City. The liaison may consent if the liaison determines such performance to be fair or reasonable. Should the liaison refuse to consent within three weeks of receipt of the request therefore/ then Contractor either shall comply with the liaison's decision, or shall file a letter with the Clerk of the City Council protesting the liaison's decision. In that event/ the performance of such functions may continue until the City Council has decided the matter. The Contractor shall comply with such Council decision. Contractor shall not, during the term of this contract/ with respect to the performance of this contract, without having promptly disclosed the same to City in writing: a. Employ any person who is related by blood or marriage to another employee/ a manager/ or a member of the governing board of the Contractor; or b. Contract for the acquisition of goods or services for more consideration than would be paid for equivalent goods or services on the open market from any person who is related by blood or marriage to a manager or a member of the governing board of the Contractor; or c. Contract for the acquisition of goods or services for more consideration than would be paid for equivalent goods or services on the open market from any organization in which any person who is related by blood or marriage to a manager or member of the governing board of the Contractor has a substantial personal financial interest. Such disclosure shall be by a writing addressed to the Contractor's liaison with City; should said liaison object to such employment or contracting in writing to the Contractor within three weeks of receipt of the disClosure/ then Contractor either shall not permit such employment or contracting as so disclosed, or shall file a letter the Clerk of the City Council protesting the liaison's decision. that event, said employment or contracting may continue until the Council has decided the matter. The Contractor shall comply with Council decision. Contractor shall not during the term of this contract/ permit any member of the governing board of the Contractor to have or acquire, directly or indirectly/ any personal financial /I with In City such - 5 - . . interest in the performance of the contract/ as by providing goods or services for compensation/ or otherwise/ without having first disclosed the same to the Council, and said member shall not participate in Council's discussion or action on such matter. 20. Contractor will not discriminate against any employee or applicant for employment because of race/ color, national origin/ sex/ handicap, sexual orientation, age/ ancestry or religion. Contractor will take affirmative action to assure that applicants are employed and employees are treated during employment without regard to race/ color/ sex/ sexual orientation, handicap/ national origin, ancestry/ age or religion/ with the goal being that the ethnic composition of the contractor's work force component for the project or service will approximate the ethnic composition of the population of the City of Dublin. Such action shall include/ but not be limited to/ employment upgrading/ demotion/ or transfer; recruitment or recruitment advertising; lay-off or termination; rate of payor forms of compensation; and selection for training/ including apprenticeship/ pre-apprenticeship training/ and on-the-job training. Contractor agrees to post in conspicuous places/ available to employees and applicants for employment/ notices to be provided by the awarding authority setting forth the provisions of this non-discrimination clause. 21. Contractor agrees to comply with the requirements of the Section 3 Plan/ attached hereto as Exhibit D. 22. This contract can be amended only by written agreement of the parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this contract in triplicate on the day first mentioned above. -r;::'t - y,. II... i J I fJ.VUr. .c"" Ll)",..,..,ehl ~C:.. Crntractor R(!), -gny )2,1'10 Street Address L I V e- ,... ;-,-. 0 ,...' t'! (' A q ~.s:r:J Afl~~iP-cod~ CL';;e:<,k~ Title "Contractor" CITY OF DUBLIN By "City" Approved as to form: By ATIEST: City Clerk " - 6 - . . EXHIBIT A WORK PROGRAM BETWEEN THE CITY OF DUBLIN AND July 1/ 1994 Through June 30/ 1995 1. 07/94 -'Final adjustment being completed on blueprints and specifications. 2. 09/94 - Contractor will be selected and contract signed. At this time we will notify the City of Dublin who has not been selected. 3. Fall 1994 - Spring 1995 - Construction 4. Contractor shall provide two reports to the City/ due on January 15, 1995 and April 15/ 1995. Reports shall include a line-item reporting of the use of funds allocated under this contract/ matching funds expended/ and a brief summary of the number of people served/ where they were from/ and services provided during that time period. N . . EXHIBIT A (continued) CONTRACT BUDGET July 1, 1994 through June 30, 1995 Budqet Item $10,000.00 Partial payment toward cost of building construction, as shown on attached expense summary (total cost estimated at approximately $681/600.00) TOTAL $10,000.00 Money Available 07/01/94 INDIVIDUALS Board Staff Community 11,670 1,390 24,455 .;fPTAi}ilNPlvtpui\J;s;' / .(~7;$j5 CITIES Livermore coon 320,000 Pleasanton cono 35,000 Oublin cona 10,000 UlJSINESSES 2,300 FOUNDATIONS Clorox Foundation 45,000 Livermore Rotary 5,000 ORGANIZATIONS 1,000 CHURCHES First Presby-Lvmr 30,000 Other 567 mAPlmAIL. mA P AlG~ l~mO ~ AS OF MAY 19,1994 Remaining Pledge TOTAL 3,495 15,165 260 1,650 9,380 33,835 ,', ..,,',. , ... ,. ..<<.." . ..J3;1~S:56~6S0> 50,000 370,000 0 35,000 0 10,000 1,000 3,300 30,000 75,000 7,500 12,500 0 1,000 o 30,000 o 567 ...TQ+A.~:NON~Iffi)lV.". :. '\."~~~~k. tnie;esi(04/36/94 j '.. ...... ..'.,.....,.-.'.,', ,,' ' . ';. " .. :,' ., .. .... ,.......,.... .~#~~;8,(d..., .~.~~;~QQi$;3.,;~~7 ..: ....\::.:.,/ ..{. .. ~'4..1 ..........) I.M ~.. J .''''.. .... > ......... \}....}.. << ~ ......::.. GRAND TOTAL = $750,000 (C:\COMBLDG\CC-INC. TBLI f.:.:i : .;., 1.::~;:'::I............rd:RMse ~9,47l(I..:)$.9;$~?\ :..... . BUILDING EXPENSE BUILDING OPERATION/MAINTENANCE Contract $590,000 Occupancy Year I Year 2 Year 3 llldg Permit Fees 17,000 Telephone $3,000 $3,090 $3,245 Architect 12,500 Liah, Ins, 5,000 5,150 5,408 Engineer 6,500 Utilities 2,800 2,884 3,028 Phone Installation 10,000 Janitorial 2,400 2,472 2,596 Street Improvement 25,628 Security 2,000 2,060 -!- Moving 2,000 Repairs 1,500 1,545 Attorney 4,000 Office Exp 11,967 12,326 12,942 Contingency 14,000 TOTAL $681,,628 TOTAL $28,667 $29,527 $31,004 $750,000 . . E X H I BIT B TERMS AND CONDITIONS OF PAYMENT 1. 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. 2. Except as noted below/ all payments to the Contractor shall be made on a reimbursement basis (i.e./ Contractor shall seek reimbursement from the City after expenses have already been incurred). The City shall reimburse the Contractor within thirty (30) days after the terms and conditions of this contract have been satisfied. 3. Contractor shall submit all claims for reimbursement under the contract within thirty (30) days after the ending date of the contract. All claims submitted after thirty (30) days following the ending date of this contract will not be subject to reimbursement by the City. Any "obligations incurred" included in claims for reimbursements and paid by the City which remain unpaid by the Contractor after thirty (30) days following the ending date of the contract will be disallowed under audit by the City. 4. All requests for reimbursement shall be submitted in the form of an invoice or letter. Requests for reimbursement shall be dated and signed by 1) the Executive Director/ and 2) the Contractor's accountant or a Board member. 5. Requests for reimbursement shall be accompanied by supporting documentation which gives evidence of the expenses incurred by the Contractor (i.e./ valid receipts and/or copies of canceled checks made to the sub-contractor). Said documentation shall include sufficient detail to enable proper account coding by the City Finance Department. The City will not make direct payment to the Contractor if evidence of payment to the sub-contractor is not provided. However/ the City may issue payment directly to the sub-contractor with proper documentation. 6. Whenever possible/ requests for reimbursement shall be compiled by the Contractor for submittal on a monthly basis to the City. While the City will try to accommodate unusual or emergency requests for reimbursement whenever possible/ the City will bear no responsibility for any consequences suffered by the Contractor through adherence to a monthly system of handling reimbursement. 7. The Contractor shall maintain copies of all financial records related to this contract. The information shall be available at all times for review by the City and/or any other governmental entity pursuant to the terms of this contract. . . EXHIBIT C CERTI?ICATE O? INSUlLA.....'iCE S E...~. VI CE COtil.'R...\.CTS NOTE: No other certificate fo~s will be accepted. Please complete the followir~ ir~ounation: CO~ITRACTOR: Tri-Valley Haven for Women City of Dublin Planning Dept. City Agency or Departme~t CONTR...;\CT TERN: FY 1994-1995 7/1/94 - 6/30/95 POLICY/BOND L~l)ORSEMENT REQUIR.DS:~'ITS Contractor's policies or bonds saall ce endorsed as follows: Name City, its officers, agents and e~?loyees as Ad~itional Insured/Obligees with respect to se~/ices being provided, but City is not liable to the insurance company for any pre3i~s, cos~s or assessnents in connection w~th Contractor's pOlicy/bond, as a r~sult or being an Additional Insured. Provide City 30 days advance written notice or cancellation, non-rene~al or reduction in limits or coverage including the name of the Contract, mailed ~o the follow~p~ address: Planning Dept. City Department to Receive Notice(s) Laurence L. Tong, Planning Director Individual Coordinating Contracts City Offices, 100 Civic Plaza Address Dublin, CA 94568 City, State, Zip State the Contractor's policy/bond is primary insurance to any other insurance available to City with respect to any claim arising out of this contract. Contractor is responsible for payment or insurance deductibles. Insurance coopanies must have an "A.M. Best" rating of B+, X or better. " . REQUIRED CQVER.I\GES - T1there "X" Appears in Box x 1. x Workers' Compensation a. Statutor! Compe~sation coverage. b. EQployer's liability insurance with limit not less than 5100,000 per occurrence. 2. Comprehensive General Liability a. b. x -X -x Minimum Limits or Liabi1;ty: $1,000,000 per occurrence combined sir~le li~it bodily injurf and property dasage. Coverages: Bodily Injurj Property Da:2age Blanket Con:ractual Pe::-sonal In ie:"'''y'' Products/Co;pl~ted Operations B::oad Fan P:-operty Da=age Fire Da3age Legal Liability c. Deductible not to exceed $5,000 pe:- occu:-rence Cross Liability or Severability or Interests Clause in policy a.X . CERTEICATES O~ INS!JR...\..NCE State Compp-ns;:Jt"i on TnC;11T;:Jnce Fund Insu:-ance Company(s) Signature or :nai'id~l ized by Insurance Coopany to bind Co~pany to cov~rage snown, and above endorse~ent require- ments. A//~/"'~ 6 ~~~ //2-. Na:le z~~ ~~~ ~/,a' ~7 Address ' ~~_ c:::;/ :Ty~&:1J- , " City, State, Zip Great American Insurance Company(s) pAc 279837704 Policy Numoer(s), (dates) 4/94-4/95 Policy ?eriod Signature oz ~na~v~uua~ autnor ~7e~ by Insurance Coopa~y ~o OlUC CC3pany to cove:-age sno~~, and acove endorsement require- ru.e!lts. 1,a:J.e f.au re S5 City, State, Zip e. Occurrence FOr;:l ClaiUls Made For.:! " . REQUIRED COVER..A..GES - T,.['nere "X" Appears in Box v ^ 1. x ..Torkers' Coopensation a. Statutorj Coopensation coverage. b. EQployer's liability insurance with limit not less then 5100,000 per occurrence. 2. Comprehensive General Liability a. b. X -X -x Minimum Limits or Liability: $1,000,000 per occurrence combined sir~le lioit bodily injurf and property danage. Coverages: Bodily Injurf Property Damage Blanket Contractual Pe:-sonal Inju=-y Products/Completed Operations Broad Fo~ Property Da=age Fire Da3age Legal Liability c. Deductible not to exceed $5,000 per occurrence Cross Liability or Severability or Interests Clause in policy d.X . CERTIFICA.TES OF INSfJR..A.lICE State Compens~t-ion Tn~l1r~nce Fund Insurance Company(s) 598004 4/94-4/95 Policy N~ber(s),Policy Period (dates) Signature or Individual au:hor- ized by Insurance Coopany to bind Company to coverage shown, and above endorse~ent require- ments. Na;;te Address City, State, Zip Great American Insurance Company(s) pAc 279837704 Policy Numoer(s), (d - ~ s Slg ature ized bv Insurance Coo~anv to bind C03pany to cover~ge' sho~~, and above endorsement require- wentS. i(d~ l!ct'J LM ! WJ Sf~A Aaa.ress ;J~~p) 5/. ~t: f:t:~'f/,;'I ('A- 9Y/~O e. Occurrence Fom Clai;;ts Made Fom " x 2. . Comprehensive General Liability, continued . f. If claims made, please complete the following: Coverage for all prior acts? If prior acts coverage is restricted, advise retroactive date or coverage. Extended discovery proVlslon: If Insurance Company cancels, ho~ long is period or extended discovery? If Contractee cancels, how long is optional coverage for extended discovery? Percentage of annual premium cost to purchase the extended discovery? A Certified copy of the Claims Made form ~ust be provided. It will be a requirement of the City that Coverage ror the period or the contract will be maintained for a period of no less t02n five years after the expiration of the contract. If coverage for five years is not available, a shorter term nay be negotiated. REQUIRED CQVER.<\GES - wnere "X" Appears in Box x 3. Comprehensive Autombile Liability a. Minimum Limits of Liability $1,000,000 per occurrence combined single li~it Bodily InjurJ and Property Damage. Assigned risk insurance at available State financial responsibility limits. ~~ges: NOSe; ~Automobiles, if any ctP X Non-o\.-ned AutoQO biles --:K Hired Automobiles X Cross'Liability or Severability of Interests clause in policy II CERTIFICATES OF INSUR-~~CE tP4PRt,,-/htMl--;;J Insurance Company(s) q-y -1/iJ Signature of Indi idual authcr- izedby Insurance Coopany to bind Company to coverage sho~n, and above endorsenent require- ments. (h/l~!..0 . ~.-eJ~ Name - t~1.s 9w~ 5TJ!a? S)n ~P/ct5CO'J VI- 9f//dO City, State, Zip " - . REQUIRED COVERAGES - Hhere "X" Appears in Box Professional Liability Y;4. ~l. For professional esployees licensed as a condition of employment at the beginning of contract terw or hired during the contract terms, insuring against error or omission in rendering or failing to render professional services. Coverage shall continue for a oinimum of five years. ~inimum Liwits or Liability: , $1,000,000 per claim b. Deductible not to exceed $5,000 per claiw tI. }of ~ Five years ex,:e:::ded dis- J~~. L.7 covery. If this coverage is '~~ not provided, this state- 1-t. r' rnent s hocld be part of insurance clause of contract: "Contractor shall procure and maintain professional liability coverage for five years." Cross Liability or Severability of Interests Clause in Policy 2. Contractor certifies there are no licensed or certified professional ernployees at contract effective date and will notify City and comply with this professional liability insurance provision if professional employees are hired during contract te~. Signature Printed Name . fh - (/15 P re of Indi ' ual author- by Insurance Company to bind Company to coverage sho~n, and above endorsement require- ments. (Except additional insured not required.) (;41Ic,)l.~ ~.u;;.J Name -' /60 Address -5/f7l 5Jr4 City, 5fbf/1 hq;tU8W) St ~ Z' / a....e, lp c/l- 9~ad> Title . REQUIRED COVERAGES 'rl"'here "X" A.ppears in Box -15. Bonds/Crime Insurance ~l. / ~/cx? ;to b. Fidelity Insurance Bond a. Faithful Perforoance Coverage of all officials, agents, and employees '..;ith access to funds received by the Contractor. Limits shall at least be equal to maxim~ County funes in contractors possession or control during contract ter3. 2. Money and Securities Policy a. Insurance against the disappearance, eestruction or wrongful abstr:ction of funds on and off premises of contractor. b. Limits shell be at least equal to maximus City funds in contractors possession or control during contract term. 6. Other (Describe below) I . CERTIFICATES OF INSu1l~'CE (;~ I/1'1fM{~ Insurance Company( s) ~ d7Cf8377d( tff(-f/~ umc r sitcll ~ Signature of Individual author- ized by Insurance Company to bind Company to coverage sho'...-::, and above endorsement require- ments. ~~~ v S"T' li:11fg'jtv/ [&(J 5P~/1 Aadress j:rClnOS"COj CHY, z.~p - C/f- 9Pldd ~~ Insurance CompanyCs) Policy NumberCs) Policy Perice (dates) Signature of Individual aut~0r- ized by Insurance Company to bind Company to cover~ge S~Qfi~, and above to endorsement requirements. Name Address City, State, Zip . . EXHIBIT D SECTION 3 EMPLOYMENT PLAN Purpose To insure that to the greatest extent feasible/ projects financed by the Alameda County Housing and Community Development Program provide business and employment opportunities for businesses in the Alameda County unincorporated project areas and the Cities of Albany/ Dublin/ Emeryville, Newark/ and Piedmont. In all contracts for work in connections 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 on a project assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968/ as amended/ 12 U.S.C. 1701u. Section 3 requires that to the greatest extent feasible, opportunities for training and employment be given to lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in/ or owned in substantial part by persons residing in the area of the project. 2. The parties to this contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR Part 135/ and all applicable rules and orders of the Department issued thereunder prior to the execution of this contract. The parties to this contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. 3. The Contractor will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding/ if any, a notice advising the said labor organization or worker's representative of his commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. 4. The Contractor will include this Section 3 clause in every subcontract for work in connection with project and will/ at the discretion of the applicant for or recipient of Federal finance assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development 24 CFR Part 135. The contractor will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135/ and will not let any subcontract unless the q . . subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. 5. Compliance with the provisions of Section 3/ the regulations set forth in 24 CFR Part 135/ and all applicable rules and orders of the Department issued thereunder prior to the execution of the contract/ shall be a condition of the Federal financial assistance provided to the project/ binding upon the applicant or recipient for such assistance/ its successor and assigns. Failure to fulfill these requirements shall subject the applicant or recipient/ its contractors and subcontractors/ its successors and assigns to those sanctions specified by the grant or loan agreement or contract through which Federal assistance is provided/ and to such sanctions as are specified by 24 CFR Part 135. Name of Contractor: Tri-Valley Haven for Women~ ~ _J / Sub-Contractor:~~~~' Services to be Provided: Construction of Community Building Contract Amount: $10,000.00 The following work force is anticipated to be necessary to satisfactorily complete this work: Job Classification Existinq Work Force Anticipated New Hires This information was not available. It can be provided by the sub-contractor listed above. Contractor agrees to undertake a good faith effort to comply with all of the provisions of Section 3 of the Housing and Urban Development Act of 1968. Tri-Valley Haven for Name of Contractor WomenJ::r7 '" g~,;;.. -9/f Date " . . EXHIBIT E PROPERTY ~~~AGEMENT ST~~D&~S 1. This attachh1ent prescribes uniform standards governing the utilization and disPosition of property furnished by the Federal Gove~ent or acquired in while or in part with Federal funQs by State and local governments. Federal grantor agencies shall require Stcte and local &overnoents to observe these standards under grants from the Federal Government and shall not impose additional requirements unless specifically required by Federal la~. 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 attachme~t: a. Real property. Real property means land, land improvements, struc- tures and appurtep2nces 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. Nonexpendable personal property. Nonexpendable personal property means tangible personal property having a useful life of more than one year and an acquisition cost of $500 or more per unit. A grantee may use its ow~ definition of nonexpendable personal property provided that such definition would at least include all tangible personal property as defined above. d. Expendable personal pronerty. Expendable personal property refers to all tangible personal property other than nonexpendab1e property. e. Excess property. any Federal agency which, required for its needs. E-~cess property means property under the control of as deter.nined by the head thereof, is no longer 3. Each Federal grantor agency sl~ll prescribe requirements for grantees concerning the use of real property funded partly or wholly by the Federal Government. Unless other~ise provided by statute, such requirements, as a minimum, shall contain the follo'~ng: a. The grantee shall use the real property for the authorized purpose of the original grant as long as needed. b. The grantee shall obtai~ approval by the grantor agency for the use or 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 progr~s, or programs that P2ve 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 fULds to the control of the Federal grantor agency. In the case of propert~Urchased in part with Federal gr~ funds, the grantee may be permitted to take title to the Federal interest therein upon compensating the Federal Government for its fair share of the property. rae Federal sl1are 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 rair market value or the property. 4. Standards and procedures governing ownership, use, and disposition of non- expendable personal property furnished by the Federal Government or acquired ~th Federal funds are set forth below: a. Nonexpendable personal property acquired with Federal funds. w~~en nonexpenda Ie personal property is acquired by a grantee wno Y or in part with Federal funds, title w~ll not be taken by the Federal C~veruQent except as provided in paragraph 4a(4), but shall be vested in the grantee subject to the following restrictions on use and disposition or 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 progr~ 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 connection with other Federal grants it P4S received in the following order of priority: (a) Other grants or the same Federal grantor agency needing the property. (b) Grants of other Federal agencies needing the property. (2) When the grantee no lop~er has need for the property in any of its Federal grant programs, the property may be used for. its Owu official activities in accordance w~th the following standards: (a) Nonexpendab1e property with an acquisition cost of less than $500 and used four years or nore. . The grantee may use the property for its own official activities .nthout reimbursement to the Federal Governnent or sell the property and retain the proceeds. (b) ~~1 other nonexpendable property. The grantee may retain the property for its Ow~ use provided that a fair compensation is made to the original grantor agency for the latter's share of the property. The amount or compensation shall be computed by applying the percentage of Federal partici- pation 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 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 (iii) below. II (b) NoneX~dable property with an aCqUisit~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 requireQent. If no requirement exists within that agency, the availability of the property shall be reported to the Gene~al 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 to the grantee within 120 days and the following procedures shall govern: (i) If the grantee is instructed to ship the property else- where, 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 progra3 to the current fair market value or the property, plus any shipping or interim storage costs incurred. (ii) If the grantee is instructed to otherwise alspose of the property, he shall bereimbu~sed by the Federal grantor agency fo~ such costs incurred in its dispositio~. (iii) If disposition instructions are not issued w~thin 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 participation in the grant program to the sales proceeds. Further, the grantee shall be permitted to retain $100 or 10 percent of the proceeds, whichever is greater, for the grantee's selling and P2ndling ~~penses. (4) w1here the grantor agency determines tP2t property w~th an acquisition cost of $1,000 or more and financed solely with Federal f~nds is unique, difficult, or costly to replace, it may reserve title to such property, subject to the follow~p~ provisions: (a) The property shall be appropriately id~ntified in the grant agreement or other~ise made knowu to the grantee. (b) The grantor agency shall issue disposition instructions within 120 days after the coopletion of the need for the property under the Federal grant for which it was acquired. If the grantor agency fails to issue disposition instructions w~thin 120 days, the grantee shall apply the standards of 4a(1), 4a(2) (b), and 4a(3) (b). b. Federally-owued nonexpe~dab1e personal property. Unless stat~tory authority to transfer title P2S been granted to an agency, title to Federally- owned property (property to which the Federal Gove~ent retains title including excess property made available by the Federal grantor agencies to grantees) remains vested by law in the Federal Government; , Upon te~ination 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 report- ing to the General Services Administration for other Federal agency utiliza- tion. Appropriate disposition instructions will be issued to the grantee after coopletion of Federal agency review. 5. The grantees' property manage~ent standards for nonexpendab1e personal property shall also include the following procedural requirements. · a. Property records !u be oaintained accurately and.Vide for: a description of the property; manufacturer's serial number or other identifica- tion number; acquisition date and cost; source of the property; percentage or Federal funds used in the purchase of property; location, use, and condition of the property; and ultimate disposition data including sales price or the method used to determine current fair Darket value if the grantee rei~burses the grantor agency for its share. b. A physical inventory or property shall be taken and the results reconciled with the property records at least once every two years to v:rify 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. ~~y 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 conpetition to the extent practicable and result in the highest possible return. 6. w1nen the total inventory value or any unused expendable personal property exceeds $500 at the expiration or need for any Federal grant purposes, the grantee may retain the property or sell the property as long as he compensates the Federal Governoent for its share in the cost. The amount of compensation shall be computed in accordance ~~th 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 reported to the grantor agency. Unless there is prior agreement between the grantee and grantor on disposition of such ite~s, the grantor agency shall determine whether protection on such invention or discovery shall be sought and ho~ the rights in the invention or discovery - including rights under any patent issued thereon - shall be allocated and administered in orier to protect the public interest consistent with "Gove::n- ment Patent Policy" (President's He::J.orandt.:ID. for Heads of Executive De?art::J.e:lts and Agencies, August 23, 1971, and Statement of Government Patent Poli~y as printed in 36 F.R. 16889). b. Where the grant results in a book or other copyrightable ~aterial, 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. 0635K/20