HomeMy WebLinkAboutItem 4.08 KaleidscpActvtyCtr&TriVlyHaven (2)
CITY CLERK
File # D~[QJ(Q]-~raJ
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AGENDA STATEMENT
CITY COUNCIL MEETING DATE: November 14,1995
SUBJECT:
Contracts with Kaleidoscope Activity Center and Tri- Valley Haven
for Women, Inc. for administering CDBG fund expenditures; and
Budget Amendment for unexpended CDBG funds
EXHIBITS ATTACHED:
Report Prepared by: Tasha Huston, Associate Planner d fL..*
Exhibit 1: / Contract with Kaleidoscope Activity Center
Exhibit 2: / Contract with Tri-Valley Haven for Women, Inc.
Exhibit 3: / Budget Change Form
RECOMMENDA TION: A Authorize the Mayor to sign contracts with Kaleidoscope Activity
Cf.L/ Center and Tri- Valley Haven for Women, Inc.; Authorize additional
q ~)(/yf".r-aPprOPriation of $10,000 from CDBG program revenues to CDBG
account
-FINANCIAL STATEMENT: No net cost to the City; the additional appropriations will be offset by
additional revenues.
DESCRIPTION:
CDBG CONTRACTS
In February of 1995, the City Council directed Staff to apply to the Alameda County Housing and
Community Development Department (County) for $ 99,552.00 in Community Development Block Grant
(CD13G) funding for fiscal year 1995-1996. The County approved the City's CDBG funding allocation
request.
Two of the projects the City Council approved for funding under the City's CDBG allocation 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.
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COPIES TO:
File-ReD Oct.-Dec. 1995
Associate Planner
Administrative Secretary
ITEM NO. ti
BUDGET AMENDMENT
In October of 1994, the City Council approved execution of contracts with the Kaleidoscope Activity
Center and Tri- Valley Haven for Women, Inc. for purposes of administering CDBG fund expenditures for
the 1994-95 fiscal year. The City's budget for FY 1994-1995 contained revenue and expenditure items to
provide the funds for these contracts, which were to be reimbursed from Alameda County once the funds
were spent.
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The Kaleidoscope Activity Center spent its allocated funds as expected. However, due to construction
delays the Tri- Valley Haven for Women project did not expend its funds until late summer.; The City
distributed the Tri-Valley Haven project's funding in October, in the amount of $10,000. This expenditure
request was intended to represent the funding allocation from FY 1994-1995, which was never spent.
However, the $10,000 which was issued to the Tri-Valley Haven was disbursed from the City's FY 1995-
1996 CDBG account.
The Tri-Valley Haven is now requesting disbursement of the $10,000 in CDBG project funds which were
allocated for FY 1995-1996. However, the City's budget for fiscal year 1995-1996 only contained
$10,000 in CDBG funds allocated for the Tri-Valley Haven For Women project, which was used to cover
the FY 1994-1995 funding disbursement. In order to pay the Tri-Valley Haven, it will be necessary to
amend the FY 1995-1996 budget by making an additional appropriation of$10,000 to the CDBG account.
The Alameda County CDBG program allows project funds to be carried over into another fiscal year as
long as the funds are spent by December of the following fiscal year. There.would be no net cost to the
City since CDBG funds would be reimbursed to the City by Alameda County, as the following table .......:
illustrates.
FY 1994-1995
FY 1995-1996
(current)
FY 1995-1996
(recommended)
Tri- Valley Haven Project
Budgeted Amount
Expenditures:
Reimbursement (revenue):
Net Cost to City:
$10,000
$0
$0
$0
$ 10,000
$ 10,000
$ 10.000
$0
$ 20,000
$ 20,000
$ 20.000
$0
Staff recommends that the City Council authorize the additional appropriation of$10,000 from CDBG
program revenues to the CDBG account, and execute contracts with the Kaleidoscope Activity Center and
Tri- Valley Haven for Women, Inc. for purposes of administering CDBG fund expenditures.
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Contract Reference No.
CONTRACT
THIS CONTRACT, made and entered into this I~~ay of A!OV~~ll9~
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 Center, hereinafter referred to a "Contractor".
WITNESSETH:
WHEREAS, City is desirous of contracting with Contractor for the
provision of certain services, a description of which are presented in
Exhibit A, attached hereto; and
WHEREAS, C~ntractor 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 ~, and by this reference made a
part hereof, is a description of the duties and services to be
performed for City by Contractor, and Contractor agrees to comply with
all provisions, to perform all work, and to provide all such duties
and services set forth in Exhibit ~ 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, that amount shall in no event be exceeded by Contractor, and
City shall under no circumstances be required to pay in excess of that
amount. Payment shall be made pursuant to the terms and conditions
set forth in Exhibit B, attached hereto and by this reference made a
part hereof. Sums not so paid shall be retained by City.
3. The term of this contract begins on the 1st day of July, 1995 and
ends on the 30th day of June, 1996.
4. Contractor shall maintain on a current basis complete records,
including books of original entry, source documents supporting
accounting transactions, eligibility and service records as may be
applicable, a general ledger, personnel and payroll records, canceled
checks, 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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EXHIBIT 1
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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 ine:
making these or any other e"valuation reports ; Contractor shall permit . "
access by City to the ~remises, 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 ~onsidered 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 ofcit 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 e
$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
Manaqement Circular 74-7, Attachment N-Property Management Standards,
attacfied hereto as Exhibit E.
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:
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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 ~hall 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:
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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.
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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 with
the Clerk of the City Council protesting the liaison's decision. In
that event, said employment or contracting may continue until the City
Council has decided the matter. The Contractor shall comply with such
Council decision. Contr~ctor 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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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 ser,vice 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.
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By
IN WITNESS WHEREOF, the parties hereto have executed this
contract in triplicate on the day first mentioned above.
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ontractor /
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St~eet JAd?resJ.J A C) D
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City, Statif, Zip Code
CITY OF DUBLIN
"City"
Approved as to form:
B .
~/A-NG drrrz:;-u..../ . W t;;(! 1J71JlG])J,rm:J01
Title /
"Contractor"
By
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EXHIBIT A
WORK PROGRAM
BETWEEN THE CITY OF DUBLIN
AND
KALEIDOSCOPE ACTIVITY CENTER
July 1, 1995 Through June 30, 1996
1.
2.
3.
.
4. Contractor shall provide two reports to the City, due on January
15, 1996 and April 15, 1996. 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)
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CONTRACT BUDGET
July 1, 1995 Through June 30, 1996
Budget Item
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TOTAL
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E X H I BIT B
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TERMS AND CONDITIONS OF PAYMENT
l. 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 s~all 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.
e: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
C6ntractor (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 Crty and/or any other governmental entity
pursuant to the terms of this contract.
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E X H I BIT C
C~RTI?ICATE OF INSmL~~CE
SL~VICE CON~~CTS
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NOTE: No other certificate fo~s will be accepted.
Please complete the follOw~r~ irsormation:
CONTRACTOR:
City Agency or Depart~ent
CONTR.ACT TERH:
POLICY/BOfiil u~ilORS~~~~ REQuZ~~~S
Contractor's policies or bones s~ll be endorsed as follows:
Name City, its orficers, agents and e~ployees as Adcitional Insured/Obligees
with respect to se~vices bei~ provided, but City is not liable to the
insurance company for a~y pre~~s, costs or assess~ents in connecticn ~it~
Contractor's pOlicy/bond, as a result or being an Ac~ition2l Insurec.
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 to
the follow~ng address:
.
City Department to Receive Notice(s)
Individual Coordinating Contracts
City, Sta~e, Zip
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__cc:::-ess
State the Contractor's policy/bond is primary insurance to any other insurance
available to City wit~ respect to any claim arising out of this contract.
Contractor is responsible fo:::- payaent of insurance deductibles.
Insurance companies 1!lUS~ haye 2.n "A.M. Best" rating of B-:-, X or bette::-.
.
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x
REQUIRED COVE:LA..GES - \.mere "X" ~_p"pea:-s in Box
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x
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Workers' Co~pensacion
a. Statucorj Compe~sa~io~ cove:-age.
b. E~ployer's liability insurance
with limit not less t~n 5100,000
per occurrence.
1.
2.
Comprehensive General Li~bility
a.
b.
X
-X
-x
Minioum Lioi~s of Liability:
51,000,000 per occu:-rence
combined si~le li~it bodily
i-::ljury and pro?er:y d2.l:lage.
Coverages:
Bodily Inju.:..J
Property Da:::age
Blanke: Contra~t~al
Pe=sonal Injt.:=:....
ProductS/Coopleted Operations
Broad. FOrul Pr:::perty Da3age
Fire DaEage Legal Liability
c.
Deductible not to exceed
$~,OOO per oc~~rre~ce
Cross Liabili:-" 0:: Seve::-abi1itv
of Interests Cia~se in policy ~
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CERTI:ICA'!ES 0: INSlJ""RJ-..,NCE
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Insurance Company(s)
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(dates)
.t~:re(Jl~:l:~4~J~}?/ J;b
izea by Insurance Coop any to
bind COwpany to coverage ;nown,
and above endorse~ent require-
mentS.
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Policy NUBoer(s), Policy .eri d
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Slgnatu::e o~ ~nalVlcua~ a~nor- /
ized bv Insurance Cv~Da~V to
bind C~3?any to cove::~ge' showu,
a~d above endorseme~t ~equire-
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Occurre.:l.ce = 0::::
Clai~s Made Form
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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 retroacti~e date of
coverage.
Extended discove~v proVls~on: Ii}nsurance Company cancels, ho~
long is. period of extended discoverj?
Ii 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 must be provided.
It will be a =eq~irement of the City that Coverage~or tne
ueriod of the co~tract w~ll be maintained for a period of no
iess than five years after the expiration of the' contract. If
coverage for five years is not available, a shorter te~ ~ay be
negotiated.
REQUB.ED CO~?~A_GES - wnere "X" Apueers in Box
x
3.
Comprehensive Autombile Liability
a. Minimum Limits of Liability
Sl,OOO,OOO per occurrence
combined sinsle li~it Bodily
Injurj and Property Damage.
Assigned risk insurance at
available State financial
responsibility limits.
b. Coverages:
x
~~ed Automobiles, if any
~Ton-o..-ned Autoc.o biles
Hired Automobiles
.. Cross Liability or Severability
of Iilterests cla~se in policy
v
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--X
X
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C:::"~TEICATES OF INSUR-AJ'iC
fA-ltH-rtrA-NSI-r .
Insuranc:e Company ( s) .:.
orr~ 7-111/15"' - 6/M/f(P
Policy Number(s)PoliCY Period
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w~gm:.ture 0:: .lnc.~ V~ Ce._ a~t._or-
ized by Insurance Cocpany to
bind Company to coverage sho~n,
and above endorse~ent require-
ments.
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CE~TIFlCATES OF INSurL~~CE
REQUIRED COVER-f;,GES - !-ihere "X" Ap~ears in Box
4.
Professional Liability
1ft, ~ pr Am/3?f /(1 MJi1er zA-OJ'
I~surance Company(s) .
~~~~e~~~~~.ri~~~f
(dates)
- t1l~;r ~f>Jtvfjl4~~:J1:>
ized by Iusurance Co~?a~y. to
bind Compa~y to coYe=agesho~n,
and above endorse~ent require-
ce~ts. (Except additio~al
insured not required.)
1. For professional e~ployees
licensed as a condition of
e~ploy~ent at the begifu~ing
of contract te~ or hired
during the contract ter3S,
insuring against error or
omission in re~ceri~g or
failing to render proressional
services. Coverage shall
continue for a ~inimum or five
years.
~'Yf:k/ .
Nao V& . Il2l~::t!'"~/<..
~~.Ll1fk.dcJe. f}ye./'U/~
Address
))Uh!t~(!A 94$708'
... -- ...--.:) ...
C~~J' s~~~-, ~p
a. Miniouw Li~ts or Liability:
Sl,OOO,OOO per claim
b. Deductible ~ot to exceed
$5,000 ver clai~
c. =~Ye years ex~ended ~~s-
covary. If this coverage is
not provided, t~S state-
Dent sho~d be part of
insurance clause or contract:
"Contractor shall procure a~d
~aintain professional liability
coverage for five years."
Cross Liability or Severability
or Interests Clause in Policy
2. Contractor certifies there are no
licensed or certified professional
employees at contract effective
date and will notify City and
cooply with t~S professional
liability insurance provision if
vroressior21 e~vlo~ees are ~ired
... . ... .,
~ur~ng contract te~.
s~~-:-,~tJ~~7JJ
.h/~G/~'X7L-1"::'.-L-~. h.~F".u71Y(E.J)Ite.E<!7DfZ
Pr~ntea ~a~e T~tle
c,L{
R:::QUI?ED COv""E~GES - ';oinere "X" Appears in Box
5.
Bonds/Crime Insura~ce
1.
Fidelity Insuracce 30nd
a. Faithful ?erfo~a~ce Coverage
of all officials, agents,
and e~ployees "~th access
to funds receive~ by the
Contractor.
b. Limits shall at least be
equal to m~~i~U3 County
funds in contractors
possession or control
during cont::act te!"!:l.
2.
Money and Sec~::itie5 Policy
a. I~surance agai~s: the
disa?pea::ance; c.est::1.!ction
or wror~ful abstraction of
funds on and off pre~ises
of contractO::.
b. Limits s~~ll ce at least
equal to =axi~~ City
funds in co~t::actors
possession 0:: control
during contract te~.
6. Ot.her (Describe belo""-)
C-5
C:::RTI?ICATES OF INSutl~~C:::
iIi.f
~o~icy NumDer\s)~Ol~cy ~e::~oa
(dates)
Signature of Individual author-
ized by Insurance Company to
bind Company t.o coverage s~o~~,
and above endorseeent reqtire-
ments.
Nawe
. . .
:>.ca.ress
Sta~e, C~ty, z~p
.
Insurance CoepanyCs)
~olicy NumberCs) ~olicy Period
Cdates)
Signature of Indi~dual a~thcr-
ized by Insurance Compa~y to
bind Company to cover~ge sho~~,
and above to endorse~e~:
requirements.
Name
Acdress
City, State, Zip
.
.
.
.
7.
Self-Insurance
Contractors self-insu~ed ro~ any risks show~ in Sections above shall
attach to contract evidence satisractory to City or Contractor's financial
ability (such as a cu~rent financial statement) to respond to losses in
amounts showu above, for each risk self-insu~ed. Contractor shall .
complete and sign the followi~g statement and attach to contract.
The Contractor is self-insured for the fol1ow~ng coverages with respect to
.this contract.
REQUI?.ED COVERAGES - Whe~e "X" Appears in Box
Worker's Compensation
C~~TI?ICATES 0: I~Su7~~iCE
Comprehensi ve General Liability to the liiilit or S I ~ ~
_ ''l(/HU/(/(/V
x
x
-r
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Bodily injury
Property daoage
Bla~ket Cont~act~al
Personal inju:::-f
Products/coopleted operations
Broad fo~ p~oper:y d~age
Fire d~uage le~al li~bility
~
^
X
-v-
^
Coeprenensive Auto Liability to the liiilit or $~
c-"
EXHIBIT D
SECTION 3 EMPLOYMENT PLAN
e~
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 .
2 .
3 .
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.
The parties to this contract will comply with the provisions of said ...
Section 3 and the regulations issued pursuant thereto by the Secretar~
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.
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 41'
~~
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subcontractor has first provided it with a preliminary statement of
ability to comply with the requirements of these regulations.
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 thro~gh which
Federal assistance is provided I and to such sanctions as are specified
by 24 CFR Part 135.
Name of Contractor: KALE:/ho:5ClJr'E, 1JC17 V'7 C!.E.N7lE:rC
Services to be prOVided:pt:u"hiLI )JUld~tO/t 1I114r~~e..
Contract. Amount: #/~/ o-n
T~e following work force is anticipated to be necessary to satisfactorily
complete this work:
4Ijb 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.
!<A-LE/OCDCLJI'G Ihnlllry~
Name of Contractor
,J/~ ~~~ Affi/(h7
'Authorize Signatur' ;/-
.
/~/:Jy~
Date
lJ-~
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E X H I BIT
E
PROPERTY W\NAGEMENT STANDARDS
l. 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
structures and appurtenances
equipment.
property
thereto,
means land, land
excluding movable
improvements,
roach inery and
b. Personal property. Personal property means property of any kind
except real property. It may be tangible -- having physical existence, or
intangible -- having no physical existence, such as patents, inventions, and
copyrights.
c. Nonexoendable personal property. Nonexpendable personal property
means tangible personal property having a useful life of more than one year
and an acquisition cost of $300 or more per unit. A grantee may use its own
defini tion of nonexpendable personal property provided that such definition
would at least includ~ all tangible personal property as defined above.
d. Expendable personal property. Expendable personal property refers to
all tangible personal property other than nonexpendable property.
e. Excess property. Excess property means property under the control of
any Federal agency which, as determined' by the head thereof, is no longer
required for its needs.
3. Each Federal grantor agency shall prescribe requirements for grantees
concerning the use of real property funded partly or wholly by the Federal
Government.' Unless otherwise provided by statute, such requirements, as a
minimum, shall contain the following:
a. The grantee shall use the real property for the authorized purpose of
the original grant as long as needed.
E-I
b. The grantee shall "obtain approval by the grantor agency for the use Ofe. . ...
the real property in other projects when the grantee determipes that the
property is no longer needed for the . original grant purp::>ses. Use in other
projects shall be limited to those under other Federal grant programs, or
programs that have purp::>ses consistent with those authorized for supp::>rt 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 grpntor 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 up::>n
compensating the Federal Government for its fair share of the property. The
Federal share of the property shall be the amount computed by' applying the
percentage of the Federal participation in the total cost of the grant program
for which the property was acquired to the current fair market value of the
property.
4. Standards and procedures governing ownership, use, and disp::>sition of
none xpend able personal property furnished by the Federal Government or
acquired with Federal funds are set forth below:
a. Nonexpendable rsonal property acquired with Federal funds. When
nonexpenda le personal property is acquired by a grantee wholly or in part
with Federal funds, title will not be taken by the Federal Government except . .
as provided in paragraph 4a (4), but shall be vested in the grantee subject to e' . ....
the following restrictions on use and disp::>sition of the property:
(l) 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. \{hen there is no longer a need for the property
to accomplish the purp::>se of the grant program, the grantee shall use the
property in connection with other Federal grants it has received in the
following order of priority:
(a) . other grants of the same Federal grantor agency needing the
property.
(b) Grants of other Federal agencies needing the property.
(2) When the grantee no longer has need for the property in any of
its Federal grant programs, the property may be used for its own official
activities in accordance with the following standards:
(a) Nonexpendable property with an acquisition cost of less than
$500 and used four years or more. The grantee may use the property for its
own official activities without reimbursement to the Federal Government or
sell the property and retain the proceeds.
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(b) All other nonexpendable 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
participation 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 costbf $1,000 or
less. Except for that property which meets the criteria of (2) (a) above, the
grantee shall sell the property and reimburse the Federal grantor agency an
amount which is computed in accordance with (iii) below.
(b) Nonexpendable 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 l20 days and the
following procedures shall govern:
. (i) If the grantee is instructed to ship the property
elsewhere, the grantee shall be reimbursed by the benefiting Federal agency
with an amount which is computed by applying the percentage of the grantee's
participation in the grant program to the current fair market value of the
property, plus any shipping or interim storage costs incurred.
(ii) If the grantee is instructed to otherwise dispose of
the property, he shall be reimbursed by the Federal grantor agency for such
costs incurred in its disposition.
(iii) If.disposition instructions are not issued within l20
days after repor.ting, 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 $lOO or lO percent of the proceeds,
whichever is greater, for the grantee's selling and handling expenses.
(4) Where the grantor agency determines that property with an
acquisition cost of $l,OOO 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:
13-3
(a) The property shall be appropriately identified in the grant e. :
agreement or otherwise made known to the grantee. "
(b) The grantor agency shall issue disposition instructions
wi thin l20 days after the completion of the need for the property under the
Federal grant for which it was acquired. If the grantor agency fails to issue
disposition instructions within l20 days, the grantee shall apply the
standards of 4a(l), 4a(2) (b), and 4a(3) (b).
b. Federally-owned nonexpendable 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 reporting to the General Services Administration for other
Federal agency utilization. Appropriate disposition instructions will be
issued to the grantee after completion of Federal agency review.
5. The grantees I property management standards for nonexpendable personal
property shall also include the following procedural requirements.
a. Property records shall be maintained accurately and provide for: a
description of the property; manufacturer 's serial number or other
identification number; acquisition date and cost; source of the property;
percentage. of Federal funds used in the purchase of property; location, use,
and condition of the property; and ultimate disposition data including sales
price or the method used to determine current fair market value if the grantee
reimburses the grantor agency for its share.
.'
b. .h.. physical inventory of property shall be taken and the results
reconciled with the property records at least once every two years to verify
the existence, current utilization, and continued need for the property.
c. A control system shall be in effect to insure adequate safeguards to
prevent loss, damage, or theft to the property. Any loss, damage, or theft of
~ nonexpendable property shall be investigated and fully documented.
d. Adequate maintenance procedures shall be implemented to keep the
property in good condition.
e. Proper sales procedures shall be established for unneeded property
which would provide for competition to the extent practicable and result in
the highest possible return.
6. 1~en the total inventory value of any unused expendable personal property
exceeds $500 at the expiration of need for any Federal grant purposes, the
grantee may retain the property or sell the property as long as he compensates
the Federal Government for its share in the cost. The amount of compensation
shall be computed in accordance with 4a(2) (b). ~
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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 thereQn--shall be
allocated and administered in order to protect the public interest consistent
with "Government Patent Policy" (President's Mernorandtml for Heads of Executive
Departments and Agencies, August 23, 1971, and statement of Government Patent
Policy as printed in 36 F.R. l6889).
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.
2438A
E"'s
Contract Reference No.
e
CONTRACT
THIS CONTRACT, made and entered into this /L/-'SL day of ^,'VeI1AE~, 19~
by and between the CITY OF DUBLIN, a body corporate and politic of the
State of California, hereinafter referred to as "City" and Tri-Valley
Haven for Women, Inc., hereinafter referred to a "Contractor".
WITNESSETH:
WHEREAS, City is desirous of contracting with Contractor for the
provision of certain services, a description of which are presented in
Exhibit A, attached hereto; and
WHEREAS, Contractor is willing and able to perform duties and render
services which are determined by the City 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:
e.. .... 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, and Contractor agrees to comply with
all provisions, to perform all work, and to provide all such duties
and services set forth in Exhibit A in a professional and diligent
manner.
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, 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 ~, 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 ~, 1995 and
ends on the 30th day of June, 1996.
4. Contractor shall maintain on a current basis complete records,
including books of original entry, source documents supporting
accounting transactions, eligibility and service records as may be
applicable, a general ledger, personnel and payroll records, canceled
checks, 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
e.. may inc~ude requirements as to the length of time such records are to
be reta~ned by Contractor. Contractor shall comply with all such
,
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EXHIBIT 2
:
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 4It.:
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 sh9ll cover both objectives and program of Contractor.
Contractor shail 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,
e?n 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 +ights,
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 ~~ 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 t6 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.
e 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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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.
e.
20. Contractor will not di?criminate 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 f!!;t mentioned above.
~ . - T:::"I(e c.. v~ v-e r::::>\...." ~Jo ....
,;::;'- , I ~ r~
CITY OF DUBLIN C ntractor
"City"
PeJ.e?",.,c 2/qT)
Street Address
L ,\foc..... .........0.:.- cA q4C-~ I
City, stat~, Zip Code '
By
,-
Approved as to form:
By
l{<_d~'_- h.,
Ti tIe '
"Cont:-ractor"
IL~~
01v-", c..lo ;
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EXHIBIT A
WORK PROGRAM
BETWEEN THE CITY OF DUBLIN
AND
TRI-VALLEY HAVEN FOR WOMEN, INC.
July 1, 1995 Through June 30, 1996
1. Construction Schedule - August 1995 through April 1996
2 .
3.
4. Contractor shall provide two reports to the City, due on January
15, 1996 and April 15, 1996. 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.
ff.J
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EXHIBIT A (continued)
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CONTRACT BUDGET
July 1, 1995 Through June 30, 1996
Budqet Item
Attached is a copy of our agency construction budget and
a copy of our building construction contractor, Stone-
Cheney's, budget. Specifically, the City of Dublin CDBG
funds will be used for Construction in Progress as
outlined in the Stone-Cheney budget.
Any unused CDBG founds would be redistributed to the
funding agencies as requested by the County.
..:
$ 10,000.00
TOTAL
e
f1"~
COMMUNITY BUILDI~G
.:.
INCOME
--------------------------------------
--------------------------------------
56,530
I
---------------------------1----------
---------------------------1----------
I
I
1
,
I
I
---------------------------1----------
---------------------------,----------
I
1
I
1
I
,
,
I
I
1
I
I
,
1
1
I
I
I
I
I
1
1
1
,
I
1
I
,
,
I
,
I
Change Orders @ 10/4/95 :
Add'l Landscape Requiremnts:
if we don't use volunteers:
PG&E hook-ups: gas/elcc. '
Contingency
Individuals
Corporations
Clorox Foundation
Livermore Rotary
Soroptomists - Livermore
St.Charles Borromeo
1st Presbyterian Church
Mise Contractors
Interest
Organizations
CDBG Liv
CDBG PIs
CDBG Dub
Grants
TOTAL INCOME
..
EXPENSES
Contract
Bi<.1 Ads
Paint
Permits
Architect
Blueprints
Eng. i n e. e r
Landscape Architect
Moving
Attorne~r
Appraiser
Phone
Tax ~ Coun tj-Y
:Vlisc.
Soil/Concrete Testing
Total
Expenses
e
---------------------------
---------------------------
Ne t :I:
=======================================
(64.547)
10/16/95
Total
24,000
75,000
12,500
1,000
567
30,000
300
9,968
153,335
370,000
100,300
20,000
490,300
700,165
Total
579,381
636
2,000
52,180
15,000
5,000
10,813
800
1.000
6,135
750
4,000
5,990
16,207
1,100
11,531
21,000
2,218
28,970
764,712
-----------
-----------
* Net deficiency will be loaned by
Bank of Livermore until we can
secure more funds.
10/1G/95
/f-j
....
Stone-Cheney Construction Co., Inc., 4230 Kiernan Avenue, Modesto CA 95357-603b
:ON'I:INUATION SHEET
---------________ Customer: Tri-Valley Haven for Women, Inc. Page 2
Job: Tri-Valley Haven for Women Community Services Building
.IA Document G712, APPLICATION AND CERTIFIcATE FOR PAYMENT, APPLICATION NO.1 1111013132
ontaining Contractor's signed certification, is attached. APPLICATION DATEI 25 SEP 1995
PERIOD TOI 25 SEP 1995
ARCHITECT'S PROJECT NO. I
A
B
ASK
DESCRIPTION
1 Supervision
2 General Conditions
3 surveying
4 Earthwork , Paving
5 site Drainage
6 Site Sewer
7 site Water
8 Landscape
9 Concrete-Building
I Concrete-site
1 Wrought Iron
2 Rough Carpentry
3 Lumber/Hardware
4 Roof Trusses
5 Finish Carpentry
6 Cabinets (Allowance)
7 Insulation
B Roofing
Doors/Frames/Hrdwr
I Windows/Entrances
1 Lath , Plaster
2 Gypsum Wallboard
Ceramic Tile
Acoustical Ceiling
5 Carpet , Vinyl
Painting (Ext/Trim)
Blinds
Operable Wall
1 Stackable Door
Toilet Acces/Marlite
Fire Sprinklers
Plumbing
HVAC
Electrical
Lights
] Fixed Costs
I Contractor's p/OR
al Total
ft,. 1
C
SCHEDULED
VALUE
38,lIlB9.11
24,SII.01
S, SlIlB.lIlB
39,199.19
23,191.19
5,199.11
12,119.99
22,199.19
49,196.99
9,799.99
4,133.11
45,999.91
64,897.19
U,I99.I9
3,S99.00
3,519.91
3,591.19
11,669.11
18,265.99
12,952.19
19,357.lIlB
12,511.19
3,199.11
5,193.00
9,713.00
7,259.11
2,311.10
6,628.11
1,475.11
2,529.91
19,881.00
17,169.11
23,511.11
13,111.91
13,111.11
7,838.11
28,11I95.11
579,341.00
o E
WORK COMPLETED
PREVIOUS THIS PERIOD
4,941.11
3,185.U
4,125.IIil
1l,4Iill.U
1.11
5,111.11
3,111.00
1.11
26,162.411
1.00
11.11
I.U
1.11
5U.1I1
1.00
I.U
1.111
I.U
1.11
I.IH!
I.U
1.11
1.10
11.10
1I.1il0
0.00
II.U
0.01
0.00
0.00
994.00
5,971.00
1il.01
0.11
1.01
7,838.11
3,652.35
76,667.75
4,941.11
3,185.11
9.99
9 . lIlB
8,959.91
11.19
1.11
9 . lIlB
6,014.49
9.00
I.U
15,759.00
42,183.15
1.91
1.11
1.01
1.00
1.11
1.11
1.19
1.11
9.19
I.llB
lil.llB
1.011
1.011
1.19
9.011
B.IB
I.U
I.BB
I.0B
B.BB
I.BB
Il.BB
B.BIl
3,652.35
83,774.8B
F
MATERIALS
STORED
9.BB
1l.011
II.BII
1l.IIB
11.11
I.Bll
11.111
1I.911
1.111
I.Ill
11.00
11.00
II.IB
ll.lll
I.Bll
1.011
II.IB
B.IB
11.11
II.IB
Il.II
I.Ill
II.IB
II.IB
11.111
0.IB
11.11
1.10
I.U
11.11
I.IIB
1I.1I11
\1.11
B.II
Iil.Bll
0.111
B.II
1.11
G
TOTAL COMP
, STORED
9,889.99 26
6,371.IB 26
4,125.11 75
11,4BI.BB 38
8,9511.II 35
5,BBI.BI 10B
3,00I.IIl 25
1.11 I
32,176.81 81
I.IB I
I.IB I
15,751.00 35
42,183.B5 65
500.11 5
I.IB I
1.00 B
B.00 B
I.U I
I.IB I
0.11 B
1.00 I
I.BI I
1.11 I
1.00 I
I.U I
I.BB I
Iil.II I
1.00 B
B.II I
1.00 0
994.00 5
5,971.00 35
B.II I
1.11 B
1.11 0
7,838.00 111
7,314.71 26
1611,442.55 28
PCT
CMP
H
BALANCE TO
FINISH
28,12B.01
18,13B.II
1,315.11
18,600.BI
14,951.11
II .11II
9,BIll.llll
22, 00B. III
8,119.21
9,7BB.II
4,133.IB
29,25B.01
22,713.95
9,51B.IB
3,5BB.IB
3,5BI.II
3,500.01
11,669.01
18,265.BI
12,952.10
19,357.00
12,500.00
3,100.01
5,103.00
9,713.00
7,250.00
2,311.00
6,628.11
1,475.01
2,521.01
18,886.00
11,089.00
23,500.00
13,1il00.00
13,0B0.0B
1.11II
2B,790.3B
418,898.45
3663 Pacific
Livermore CA
e.
I
RETAINAGE
AMOUNT
988.11II
637.00
412.51
1,140.10
815.11II
51B.I0
3B0.0B
11.11
3,2B7.68
0.10
1.01
1,575.1111
4,218.31
511.110
11.00
11.011
11.110
II.011e
11.00 .'
0.011
11.011
I.B0
11.110
11.00
11.110
0.Ilil
0.00
0.011
11.110
0.00
99.40
597.10
0.00
B.BII
0.00
783.80
731.48
e
16,044.27
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 (3D) 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 di~ect 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
4Itpursuant to the terms of this contract.
B-1
--......
:
E X H I BIT C
C~~TI?ICATE OF INSmL~~C~
SL~VICE CO~~CTS
e.
NOTE: No other certificate fo~s will be accepted.
Please complete the follow~r~ ir~ormation:
CONTRACTOR: Tri-Valley Haven for Women. Inc City of Dubli.n "Pl.<mning n"'pt"~
City Agency of Depart~ent
CON"TR-J\CT TERH:
7/1/95 - 6/30/96
POLICY/BOND u~ORSEMEN~ REQUI~~~S
Contractor's policies or bonds saall be endorsed as rollows:
Name City, its orr~cers, agents and e~ployees as Ad~itional Insured/Obligees
with respect to se~vices bei~ provided, but City is not liable to the
insurance company for any preni~s, costs or assess~ents in connection with
Contractor's policy/bond, as a result of being an Aciditional Insured.
Provide City 30 days advance written notice or cancellation, ~on-rene~al or
reduction in limits or coverage including the name or the Contract, mailed to
the follow~ng address:
e
City of Dublin - Planning Dept.
City Department to Receive Notice(s)
Larry Tong. Planning Director
Individual Coordinating Contracts
City Offices, 100 Civic Plaza
Address
Dublin. CA
City, State,
94568
Zip
State the Contractor's policy/bond is primary insurance to any other insurance
available to City with respect to any claim a=ising out of this contract.
Contractor is responsible for payment of insurance deductibles.
Insurance coopanies must p...a'le an "A.M. Best" rating of B-:-, X or bette:-.
..
C-I
ex
REQUIRED CQVE?_A..GES - ~~-nere "x" Appears
in
..
e
v
^
..lork~rs' Coo?ensatior:.
a. Statuto~f Compe~sa:ior:. coverage.
b. E~ployer's liability i~surance
with limit not less than 5100,000
per occu::-rence.
1.
2.
x
-X
---x
Comprehensive General Liability
a.
Mir:.iDua Liaits of liability:
51,000,000 per occur::-ence
cOEbi~ed single li~it bocily
i~jurf and property dazage.
b.
Coverages:
Bodily Inju::y
P:::-ope:r:ty Da:lage
Blanket Cont::-a~t~al
?e::-sorlal Inju=:""
Prod~c~s/Coaple:e~ O?e::-~tions
B::-oa~ :o~ P::-~?e:r:ty Da=age
Fire D~age legal liability
c.
Deductible not to exceed
55,000 per oc~~::=e!lce
d.X C=oss Liabili:y 0= Sev:=2bili~y
of I~te=es=s Clc~S2 i~ policy
Box
CE3.TEICA'!'ES 0: I?-lSUR..~.J1CE
S~ ~~;,.J,A.-~~ ...z;:;s. ~~
Ins~::-a~ce Company(s)
~:. P?-
Signature o~ _nd~viic- ac:ho:r:-
ized by Insurance CO:lpany~~o
bind COw?any to coverage snown,
and above endorse~ent require-
mentS.
~~""~ .t5- JZ~ /".
.
Na:le
?7S-:J ~.....__/~ tt?~-S c:/
Add::ess
c7A-/~,Q~ ~ fI'%dJ
C Z. '
i:y, State, ::.?
Insu::ance COEpany(s)
~O~::.cy Nusoer(s), Policy ?e:r:ioc
(cates)
S::.gnatc::e 0= ~nQ::.v::.cua~ autnor
izec bv I~su~2~ce CoE~a~v to
bind Co=?any to cove::age- s~ow~,
and above endorse~e=t require-
.;.r:~~t5.
;.;a::.e
AC,G.::e.SS
Ci:y, Sta-r:e, Zip
e.
Occu::-renc e : 0 ==
Clai;;:s Made :0:=1
~~+~
~~
Q..h~
c-~
REQUIRED COVE:LA..GES - \~-nere "X" Appears in Box
c-~
1.. ~lorke:::-s' Coopensacio..:
a. Statueorj Compe~sa:io~ coverage.
b. E~ployer's liabiliey insurance
with lioie not less than 5100,000
per occurrence.
v
^
Ins:.1rance
Polic Nuwber(s),Po1icy Period
ates)
/
v
^
2.
Comprehensive General Liability
a.
b.
X
-X
-x
---x
-x
c.
Hiniouc Li~its of liability:
51,000,000 per occurrence
combined single li~it bodily
i~jurj and pro?erty d~age.
Coverages:
Bodily Inju-'-f
Properey De::.age
Blanket Contra~t~al
Personal Injur::'
Products/CoDpletec Operations
"!:l_ _..: ";:" ~ "P-~-.o--" D--:~.o
D_~C~ _o~~ __~~_~-y C~~~-
Fire D~age legal liability
Deduc:ible not to exceed.
Signature of Individual au:hor-
ized by Insurance CODpa~y~~o
bind COwpany to coverage sno~n,
and above endorse~ent require-
~e-:ltS.
Na;:!e
Add.:::esS
Ci:y, State, Zip
Philadelphia Indemnity Insurance
Insurance Coopany(s)
PHPGI03407/ l-30-95 to l-30-96
Poli y N~oer(s), Policy Period
('-tes)
~
~na~v~aua~ autno~
; 7:>d '0" T "-a"'''e C",,,,""--V -0
-;-7-.. } -... ~~ u..... v~:,c:........1-
D~u~ Cc=pany to cove=~g= s~ow~,
a~d above endcrsewe~t reouire-
- , ~=~t5.
Mary L. Lai
i'\c;:le
SJ,OOO per oc~~rrence POBox 100
d.X c=oss Li~bili=: 0= Seve=ability
of Interests Clause in policy Aaaress
Oakland, CA 94604-0100
City, S:a~e, Zin
e.
Occurreuce rOr= X
Clai~s Made Fo~
....
.'
.
Company
.
e:
..'
.
.
x
2.
Comprehensive General Liability, continued
f.
If clai~s made, please complete ~he follor~ng:
Coverage for all prior acts?
If prior acts coverage is restricted, advise retroactive d~:e of
coverage.
Extended discovery provision: If Insurance Compa~y ca~cels, ho~
long is period of extended discoverj?
If Con~ractee ca~cels, how long is op~ional coverage for extended
diSCOVery?
Percentage of annual premium cost to purchaSe the exteeded
discove::y?
A Certified copy of the Claims Made fo~ must be provided.
It will be a req~ire~ent of the City that Coverage for t~e
Period of the coctract w~ll be maintained for a period 0: no
iess t~=n five years after the expiration OI tne contract. If
coverage for five years is not available, a shorter te~ ~ay oe
negotiated.
R2QUI3..ED COV .:.?~D--C:ES - r,ihere "X" Ap?ears in Box
~
^
3.
Comprehensive Auto~bile Liability
c. Minimum Limits of Liability
$1,000,000 per occurrence
combined sir~le limit Bodily
Inju~l and Property Damage.
Assigned risk insurance at
available State financial
respo~sibility limits.
b. Coverages:
X ~~ed Automobiles, if any
X Noc-o..-ued AutOL:O biles
X Hired Autooobiles
X Cross Liabilitv or Severability
of Iuterests cla~se in policy
CE...~TEICATES 0: INSu?,-f..SC~
Philadelphin Tnn~mnity !
_ ) notlrance Company
~nsurance Company(s
PHPGI03407/1-30-95 to 1-30-96
PO~~e~)"ber~s)~ Perioc
S ; an-~-di ..: d~-' _,.-"l.,,,--
-01. c:.'- .... _ _ ,- c:.._ c:._:...1._......~
ized by Insurance Co~pany to
bind Cospany to coverage sho~n,
and above endorse=ent require-
::lents.
Mary L. Lai
N.i::le
POBox 100
Accress
Oakland, CA 94604- 0100
City, State, Zip
c-L/
REQUIRED COVERAGES - ;-ihere "X" Appears in Box
X 4.
Professional Liability
1. ror professional e~ployees
licensed as a condition of
e~ploy~ent at the begi~!ing
of contract te:;:-;;l or hired
during the contract ter,ns,
insuring against error or
omission in reuceri~g or
failing to re~der professional
services. Coverage shall
continue for a ~io.imum of five
years.
a. !1i~;~u~ Li~ts of Liability:
$1,000,000 per claim
b. Dec.uc:ible not to exceed
$5,00'; per claim
?i 1le :-:.=.=5
ex::e=.ded dis-
co".;e:.-". If this coverage is
not. ~. .-:__'".:.deci., t::i.s s~a~e.-
r::;e:-~t. ::.ocl.d be ?a::t of
insu. . ::.ce clause of contract:
"Cor:: -~cto:: shall procure and
wain. ,-in p-.:-ofessional liability
cove_ ~g.. for five yea.rs.
Cross l" ~:_lity or Severability
of I~te ~5:S Clause in Policy
2. Contra.c:r ce::tifies the-.:-e are 0.0
license' C~ certified professiocal
e~ploye; at contract effective
date an~ will notifV' CitV' and
cooply ith this p::~fe;sional
li?.bili:y insurance provision --.
p-.:-ofess,:,o42l e~ployees are hired
rluri~g ~~~~=act te~.
Signature
PrL:::ed Na::le
Title
C-5
C~RTIFIC~TES OF I~S~:L~~CE
Philadelphia Tnn~mnit'T Tno"-unce
I~~f~~~~ii~~~~ tO~1:3~96 ~;
Policy N~Der(s)Policy Period
t: es)
~
Sigr2ture of Individual actio::-
ized by I::.su~ance Company to
bind Compa::.y to co.;erage-sr:.o.....n,
and above endo::seQe::.t require-
mentS. (Except additio~al
; "'s',"""'a' "'0- :'eo"~ .,-"'''' )
-~~ ~-- ~ ~ . .~~--~.
Mary L. Lai
NCJJe
POBox lOO
,i"
..acress
Oakland, CA 94604-0100
City,
Sta.te,
Zip
.
.
~ne=e
".r.'
^
Ap?ears ill Box
.
~~QUI~~D COv~~~GES -
.!.:J.st!ra.~ce
5. Bo~ds/C=ime
X L
$100,000 bond
x
$3,000 inside
premises
$3,000 outside
premises
..
Fidelity Insu=a~ce 30nd
a. Faitr~ul ?e=fo~a~ce Coverage
of all officials, agents,
and e~ploye=s -:ftn access
to runes =eceive~ by the
Contrac to r.
b. Limits shall at least be
equal to ma~i~~ County
fu~ds in contracto=s
possessio~ or co~trol
duri~ CO!lt=act ter:!!.
2.
Money a~d Sec~rities Policy
a. I~sura~ce agai~s: tne
disa??ea=a~ce, ces:=uction
0= ~rongful a~straction of
funds on a~d off p=e~ises
oz CO!ltrac::o::-.
o. LimitS s~2l1 ~e at least
equal to =~xi~~ City
funds i~ co~::rac:ors
possession or co~t=ol
during con::ract term.
6. Other CDescribe b~lo~)
.
~
C~~!I?I~~!ES OF INSulL~~C~
Philadelphia Indenrnni ty Tnc::mr..ance Company
Insurance Company(s)
PHPGl03407jl-30-95 to l-30-96
~o~~~y NumDcr\s)~O~~cy =er~oa
C" tes) . ~
ndividual author-
ance Compa::.y to
bind Company to coverage s~o~~,
-t._
and above endorse~ellt require-
ments.
Mary L. Lai
NaZle
POBox 100
P-_cd. =e 5 S
Oakland, CA 94604-0100
5ta~e, C~tY, L~p
I~surance Company(s)
~olicy NumberCs) Policy Period
(cates)
Signature of Individual autnor-
ized by Insurance Com?a~y to
bind Company to cove=~ge sco~~,
and above to endorse~e~:
:-equirements.
Na~e
Adcress
City, State, Zip
....:-
C-b
7.
Self-Insurance
e.-
Contractors self-insured for any risks sho~~ in Sections above shall
attach to contract evidence satisfactory to City of Contractor's financial
ability (such as a current financial statement) to res?ond to losses in
amounts show"!l above, for each risk self-insured. Contractor shall .
complete and sign the follo~ing statement and attach to contract.
The Contractor is ~elf-insured for the fol1ow~ng coverages with respect to
-this contract.
REQUIP.En COVERAGES - Where "X" Appears in Box
CS~TI?ICATES OF I~Su?~~~CE
Worker's Compensation
Comprehensive General Liability to the li~it of Sl.000.000
x
X
-r
Bodily inju~
Propertv danage
Bla~ketJContract~al
Personal injury
Products/cocpletec operations
Broad fo~ proper~y d~age
Fire d~uage lesal liability
-r
X
--X
.
Comprehe~sive A~to Lia~ility to the li@it of $1,000,000
.
c~~
EXHIBIT D
SECTION 3 EMPLOYMENT PLAN
e
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.
2.
3.
4.
1)-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.
The parties to this contract will comply with the provisions of said .'...
Section 3 and the regulations issued pursuant thereto by the Secretar
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.
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.
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
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subcontractor has first provided it with a preliminary statement of
ability to comply with. the requirements of these regulations.
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Compliance with the provisions of Section 3, the regulations set forth
in 24 CFR Part 135, and all applicable rules and orders o~ 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 I and to such sanctions as are specified
by 24 CFR Part 135.
Name of Contractor:
Tri-Valley Haven for Women, Inc.
Services to be Provided: construction of a new Community Services 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
.~eral Contractor,
Project
City of
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Stone-Cheney Construction Co., Inc. -
4230 Kiernan Avenue
Modesto CA 95357-6038
to be monitored by Barbara Hempill, Human Services Coordinator
Livermore in accordance with Federal and State laws.
for the
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 Women, Inc.
Name of Contractor
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10/17/95
Date
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EXHIBIT E
PROPERTY MA.NAGEMENT STANDARDS
1. This attachment prescribes uniform standards governing the utilization and
dislX'sition of property furnished by the Federal Government or jicquired 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 imlX'se
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 purlX'se of this attachment:
a. Real property. Real
structures and appurtenances
equipment.
means land, land
excluding movable
improvements,
machinery and
property
thereto,
b. Personal property. Personal property means property of any kind
except real property. I t may be tang ible -- hav ing phys ical existence, or
intangible -- having no physical existence, such as patents, inventions, a~d
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 $300 or more per unit. A grantee may use its own
defini tion of .J1oDexpemdable personal property provided that such definition
would at least includ~ all tangible personal property as defined above.
d. Expendable personal property. Expendable personal property refers to
all tangible personal property other than nonexpendable property.
e. Excess property. Excess property means property under the control of
any Federal agency which, as determined by. the head thereof, is no longer
required for its needs.
3. Each Federal grantor agency shall prescribe requirements for grantees
concerning the use of real property funded partly or wholly by the Federal
Government.' Unless otherwise provided by statute, such requirements, as a
minimum, shall contain the following:
a. The grantee shall use the real property for the authorized purlX'se of
the original grant as long as needed.
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b. The grantee shall obtain approval by the grantor agency for the use of .. .
the real property in other projects when the grantee determi~es 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 gr~tor 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
compensating the Federal Government for its fair share of the property. The
Federal share of the property shall be the amount computed by applying the
percentage of the Federal participation in the total cost of the grant program
for which the property was acquired to the current fair market value of the
property.
4. standards and procedures governing ownership, use, and disposition of
nonexpendable personal property furnished by the Federal Government or
acquired with Federal funds are set forth below:
a. rsonal property acquired with Federal funds. When
nonexpenda le personal property is acquired by a grantee wholly or in part
with Federal funds, title will not be taken by the Federal Government except .'.
as provided in paragraph 4a (4), but shall be vested in the grantee subject to ...-:.:.....
the following restrictions on use and disposition of the property:
(1) The grantee shall retain the property acquired 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. \1hen there is no longer a need for the property
to accomplish the purpose of the grant program, the grantee shall use the
property in connection with other Federal grants it has received in the
following order of priority:
(a) other grants of the same Federal grantor agency needing the
property.
(b) Grants of other Federal agencies needing the property.
(2) When the grantee no longer has need for the property in any of
its Federal grant programs, the property may be used for its own official
activities in accordance with the following standards:
(a) Nonexpendable property with an acquisition cost of less than
$500 and used four years or more. The grantee may use the property for its
own official activities without reimbursement to the Federal Government or
sell the property and retain the proceeds.
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(b) All other nonexpendable 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
participation 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
anount which is computed in accordance with (iii) below.
(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 wi thin 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 ship the property
elsewhere, the grantee shall be reimbursed by the benefiting Federal agency
with an amount which is computed by applying the percentage of the grantee's
participation in the grant program to the current fair market value of the
property, plus any shipping or interim storage costs incurred.
(ii) If the grantee is instructed to otherwise dispose of
the property, he shall be reimbursed by the Federal grantor agency for such
costs incurred in its disposition.
(iii) If.disposition instructions are not issued within l20
days after repor.ting, 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 $lOO or 10 percent of the proceeds,
whichever is greater, for the grantee's selling and handling expenses.
(4) Where the grantor agency determines that property with an
acquisition cost of $l,OOO 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:
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(a) The property shall be appropriately identified in the grant.
agreement or otherwise made known to the grantee. .-
(b) The grantor agency shall issue disposition instructions
within 120 days after the completion of the need for the property under the
Federal grant for which it was acquired. If the grantor agency fails to issue
disposition instructions within l20 days, the grantee shall apply the
standards of 4a(1), 4a(2) (b), and 4a(3) (b).
b. Federally-owned nonexpendable 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 reporting to the General Services Administration for other
Federal agency utilization. Appropriate disposition instructions will be
issued to the grantee after completion of Federal agency review.
5. The grantees I property management standards for nonexpendable personal
property shall also include the following procedural requirements.
a. Property records shall be maintained accurately and provide for: a
description of the property; manufacturer IS ser ial number or other...
identification number; acquisition date and cost; source of the property;
percentage of Federal funds used in the purchase of property; location, use,
and condition of the property; and ultimate disposition data including sales
price or the method used to determine current fair market value if the grantee
reimburses the grantor agency for its share.
b. A physical inventory of property shall be taken and the results
reconciled with the property records at least once every two years to verify
the existence, current utilization, and continued need for the property.
c. A control system shall be in effect to insure adequate safeguards to
~ prevent loss, damage, or theft to the property. Any loss, damage, or theft of
nonexpendable property shall be investigated.?nd fully documented.
d. Adequate maintenance procedures shall be implemented to keep the
property in good condition.
e. Proper sales procedures shall be established for unneeded property
which would provide for competition to the extent practicable and result in
the highest possible return.
6. ,{hen the total inventory value of any unused expendable personal property
exceeds $500 at the expiration of need for any Federal grant purposes, the
grantee may retain the property or sell the property as long as he compensates
the Federal Government for its share in the cost. The amount of compensation .
shall be computed in accordance with 4a(2) (b).
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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 i terns, 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 tmder any patent issued thereol)~-shall be
allocated and administered in order to protect the public interest consistent
with "Government Patent Policy" (President's Memorandum for Heads of Executive
Departments and Agencies, August 23, 1971, and Statement of Government Patent
Policy as printed in 36 F.R. 16889).
b. Where the grant results in a book or 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.
2438A
E-5
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CITY OF DUBLIN
BUDGET CHANGE FORM
.
CHANGE FORM #
New Appropriations (City Council Approval Required):
Budget Transfers:
From Unappropriated Reserves From Budgeted Contingent Reserve (1080-799.000)
Within Same Department Activity
)( From New Revenues Between Departments (City Council Approval Required)
Other
m~~W~DKb1tEASg]J.tnmklKtebfil1RltlIllWf;mmlj'o.SjlMwrMiii~iiiiiimmm~&.:trl.mntinc.Q_ff:l~Kn:@~i~@fmQ_lmllM
.
..................................................................................................................................................................................................................................................................................................................................... ..................... ................ .......................................................
Name: Name: CnBG REVENUE
-~- ...
Account #: Account #: 209-1000-559-002 $10,000.00
Name: Name: CONTRACT SERVICES/ CnBG
Account #: Account #: 209-9435-740 $10,000.00
Name: Name:
Account #: Account #:
Name: Name:
Account #: Account #:
Name: Name:
Account#: Account #:
Name: Name:
Account #: Account #:
REASON FOR BUDGET CHANGE ENTRY:
The City's budget for fiscal year 1994-1995 included $10,000 in CDBG funds allocated for the Tri-Valley Haven For
Women project. The funds were not e>...pended before July 1, 1995. In September of 1995, the Tri-Valley Haven requested
disbursement of the $10,000 in FY 1994-1995 funds, and in October 1995 they requested disbursement of the $10,000 in
funds allocated for FY 1995-1996.
The City's budget for fiscal year 1995-1996 only contained $10,000 in CDBG funds allocated for the Tri-Valley
Haven For Women project. In order to pay the Tri-Valley Haven, it will be necessary to amend the FY 1995-1996 budget to
add a $10,000 appropriation from CDBG program revenues to the CDBG account. There would be no net cost to the City
since CDBG funds would be reimbursed to the City by Alameda County.
City Manager:
Date:
Signature
::::::::::::::I::::::::::::::::::~:::::::::::':::.::.:.:'.::I::::.::::i~I::::I::::::::I::::::::~:~i:::::::::,:,:i:::::'::::;:::::::~:::::::::::::::::::::::::)::I::::::::::::':.::~::.::::::::t~i:'lpPf9Mlm:::ii!::.::I~I:mqllq!!::mlflg'2R;!:::::!:.:lif~;.::::'!:::i::::::::.::!:::!::::!::~'::::::!:::::~i:.:::::::::.:r...
e Mayor:
Date:
Signature
Posted By:
Date:
fomul1nKJgcJrng
Signature
EXHIBIT 3