HomeMy WebLinkAboutItem 4.03 TriVlyHaven/KaleidoscopeCtr (2)
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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
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ITEM NO. ~ 7
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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
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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
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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
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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
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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.
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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
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with
In
City
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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
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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.
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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
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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.
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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.
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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.
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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
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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
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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)
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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 $
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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
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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.
"
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.
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
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.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
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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
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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
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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.
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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
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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
"
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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
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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
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