HomeMy WebLinkAboutItem 4.04 CDBG w/DHA/AlliedAGENDA STATEMENT
CITY CLERK FILE # 0600-30
CITY COUNCIL MEETING DATE: September 19, 2000
SUBJECT:
ATTACHMENTS:
Contract with Allied Housing Inc., the Dublin Housing Authority
and the Valley Community Health Center for Administering
Community Development Block Grant (CDBG) Fund Expenditures
(Report Prepared by Dennis H. Carrington, Senior Planner)
1. Contract with the Allied Housing
2. Contract with the Dublin Housing Authority
3. Contract with the Valley Community Health Center
RECOMMENDATION:
Authorize the Mayor to sign the contracts with Allied Housing Inc.,
the Dublin Housing Authority and the Valley Community Health
Center for administering CDBG fund expenditures for Fiscal year
2000-2001.
FINANCIAL STATEMENT:
(See discussion below)
DESCRIPTION:
In April of 2000, the City of Dublin, as an Urban County City, entered into an agreement with the
Alameda County Housing and Community Development Department (HCD) for administering CDBG
funds for the Fiscal Year 2000-2001. The total amount of CDBG funds allocated to Dublin for this
program year is $ 88,646.
The City Council approved the following Jurisdiction Improvement projects for funding under the City' s
FY 2000-2001 CDBG allocation:
City of Dublin - Sidewalk Ramps
Allied Housing Inc. - Tri Valley Housing Scholarship
Dublin Housing Authority - Arroyo Vista Roof Repair
Valley Community Health Center- Senior Support
$10,268
$10,000
$34,400
$ 7,500
The City must now enter into contracts with the three outside agencies (Allied Housing Inc., the Dublin
Housing Authority and the Valley Community Health Center) for purposes of administering the CDBG
funds. The contracts describe the conditions under which the CDBG funds may be expended.
Staff recommends that the City Council execute the contracts with Allied Housing Inc., the Dublin
Housing Authority and the Valley Community Health Center for purposes of administering the CDBG
fund expenditures for FY 2000-2001.
COPIES TO: In-house Distribution
ITEM NO.
g:\cdbg\stfrpts\9-19-O0 ccsr contract
AGREEMENT BY AND BETWEEN
ALLIED HOUSING
AND
THE CITY OF DUBLIN
THIS AGREEMENT is made and entered into this __ day of ,2000, by and between the City of Dublin,
a body corporate and politic of the State of California, (hereinafter referred to as "City"), and ALLIED HOUSING, (hereafter
referred to as "Contractor").
WHEREAS, City is receiving funds pursuant to the Community Development Block Grant Program, funded by the U.S.
Department of Housing and Urban Development; and
WHEREAS, City is desirous of contracting with Contractor for the provision of certain services, a description of which
are presented in Exhibit A, attached hereto; and
WHEREAS, Contractor is willing and able to perform duties and render services which are determined by the City of
Dublin to be necessary or appropriate for the welfare of residents of City; and
WHEREAS, City desires that such duties and services be provided by Contractor, and Contractor agrees to perform
such duties and render such services, as more particularly set forth below:
NOW THEREFORE, FOR AND IN CONSIDERATION OF THE PROMISES HEREINAFTER MADE, CITY AND
CONTRACTOR DO MUTUALLY AGREE AS FOLLOWS:
I. STATEMENT OF WORK
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.
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 the City.
II. COMMENCEMENT AND COMPLETION REOUIREMENTS
The term of this Agreement begins on July 1,2000, and ends On June 30, 2001, or when all contract
terms have been completed.
It shall be the responsibility of the Contractor to coordinate and schedule the work to be performed so
that commencement and completion will take place in accordance with the provisions of this
Agreement. The City may extend the time for completion of the Agreement in writing, if it
determines that delay in the progress of work is not attributable to the negligence of the Contractor
and that such delay was due to causes beyond the control of the Contractor.
Any time extension granted to the Contractor to enable the Contractor to complete the work shall not
constitute a waiver of rights the Cit35 may have under this Agreement.
Should the Contractor not complete the work by the scheduled date or by an extended date, granted by
the City in writing, pursuant to previously stated conditions, the City shall be released from all
conditions of this Agreement.
A'I"I'AOHMENT k
III.
IV.
Vo
VI.
E,
Upon completion of performance under this Agreement and a determination of final costs, Contractor
shall submit to the City a certificate of completion for construction projects and a requisition for final
payment for service projects, unless otherwise provided in this Agreement.
INSURANCE
Contractor shall maintain, at all times during the term of this contract, the insurance and bonding
documentation described in Exhibit C to this contract, and shall comply with all other requirements set
forth in that Exhibit.
B,
Contractor shall indemnify City, its officers and employees, against any and all liability for injury or
damage caused by any act or omission of Contractor or any of Contractor's employees or volunteers
in the performance of this contract, and Contractor shall hold City harmless from any and all loss
occasioned in the performance of, or otherwise arising out of, this contract.
SUBCONTRACTS
Any subcontract funding under this Agreement shall be submitted by Contractor to City for review
and approval prior to ks execution.
Bo
In the event subcontractor is a private non-profit or neighborhood-based non-profit organization, or a
local development or small business investment corporation, Contractor is required to comply with the
procurement procedures of Office of Management and Budget (OMB) Circular A-110 and A-122
(incorporated herein by reference) for the procurement of supplies and services in connection with
activities funded under this Agreement.
Any subcontract funded under this Agreement shall be subject to the terms and conditions of this
Agreement.
BUDGET
The work performed hereunder shall not exceed the Program Budget (Exhibit A, hereto). All requested modifications
to the Budget attached to this Agreement and incorporated as part of this Agreement, shall be reviewed and approved by
City. All budget modification~ require the prior written approval of City. Budget modifications shall not alter: 1) The
basic scope of services required to be performed under this Agreement; 2) the time period for the services to be
performed under this Agreement; and, 3) the total amount of the authorized budget of this Agreement (see Exhibit A),
subject to future amendments as approved by the Dublin City Manager or his/her designee. The individual line item
budget for a particular cost category may be exceeded by ten percent of its approved budget, provided the additional
funds are used from unused line item budgets and the total contract amount does not exceed the budget.
RECORDS AND REPORTS
Ao
All original documents prepared by Contractor in connection with the work to be performed under this
Agreement shall be the property of the City.
Bo
Contractor's records must be made available for review upon request by the City prior to the release
of funds. Contractor shall be responsible for maintaining all records pertaining to this Agreement,
including subcontracts and expenditures, and all other financial and property records in conformance
with OMB circular A-110.
C,
Records must be kept accurate and up-to-date. Failure of Contractor to comply with this provision
could result in termination of this Agreement or Contractor' s repayment of funds previously awarded
under this Agreement.
VII.
VIII.
IX.
PROGRAM MONITORING AND EVALUATION
Ao
Contractor shall be monitored by City and evaluated in terms of its effectiveness and timely
compliance with the provisions of this Agreement and the effective and efficient achievement of the
Program Objectives.
Contractor must undertake continuous quantkative and qualitative evaluation of the duties and services
as specified in this Agreement and shall make quarterly written reports to City.
The quarterly written reports shall include, but shall not-be limited to the following data
elements:
a. Title of program, listing of components, description of activities/operations.
b. Service area (i.e., citywide, etc., including applicable census tracts).
Goals - the projected goals, indicated numerically, and also the goals achieved (for
each report period). In addition, identify by percentage and description, the
progress achieved towards meeting the specified goals; additionally, identify any
problems encountered in meeting goals.
d. Beneficiaries - provide the following:
i) Total number of direct beneficiaries.
ii)
Percent
of total number of direct beneficiaries who are:
Low and moderate income
Low income
Black, not Hispanic origin
White, not Hispanic origin
Hispanic
American Indian/Alaskan Native
Asian or Pacific Islander
Female Headed Households
e. Other data as required by City.
The quarterly report shall be due on the fifteenth day of the month immediately following the
report quarter, except for the end of the program year report which is due within thirty days.
The City shall hold payment of all project invoices until quarterly reports are received.
Co
The City shall have ultimate responsibility for overall project monitoring and evaluation, to assist
Contractor in complying with the scope and contents of this Agreement, and to provide management
information which will assist the City 's policy and decision-making and managers.
D. The Contractor shall follow audit requirements of the Single Audit Act and OMB Circular A-128.
UNIFORM ADMINISTRATIVE REQUIREMENTS
Contractor shall comply with Uniform Administrative Requirements as described in Federal Regulations, Section
570.502 as applicable to governmental entities.
RELIGIOUS ACTIVITY PROHIBITION
There shall be no religious worship, instruction, or proselytization as part of, or in connection with the performance of
this Agreement.
X. OTHER PROGRAM REQUIREMENTS
A,
Contractor certifies that it will carry out each activity in compliance with all Federal laws and
regulations described in 24 CFR, Pan 570, Sub-part K (570.600-570-612) and relates to a) Non-
discrimination, b) Fair Housing, c) Labor Standards, d) Environmental Standards, 3) National Flood
Insurance Program, f) Relocation and Acquisition, g) Employment and Contracting Opportunities, h)
Lead-based paint, i) Use of Debarred, Suspended or Ineligible Contractors or Sub-recipients, j)
Uniform Administrative Requirements and Cost Principals, k) Conflict of Interest, and 1)
Displacement.
B. Contractor agrees to comply with the requirements of the Section 3 Plan, attached hereto as Exhibit D.
Contractor agrees to comply with the requirements of the attached Exhibit E (Property Management
Standards).
XI. TERMINATION OF THIS AGREEMENT
City may terminate this Agreement in whole or in part immediately for cause, which shall include as example but not as
a limitation:
Failure, for any reason, of Contractor to fulfill in a timely and proper manner its obligations under
this Agreement, including compliance with City, State and Federal laws and regulations and applicable
directives;
B. Failure to meet the performance standards contained in other sections of this Agreement;
C. Improper use of reporting of funds provided under this Agreement; and
Suspension or termination by HUD of the grant to the City under which Agreement is made, or the
portion thereof delegated by this Agreement.
Approved as to form:
By:
Elizabeth H. Silver, City Attorney
CITY OF DUBLIN
By:
Taxpayer ID: 94-3205085
Date: ~5~/:~ C} (UT)
Attest:
Date:
City Clerk
4
EXHIBIT A
WORK PROGRAM BETWEEN
THE CITY OF DUBLIN
AND
ALLIED HOUSING
7/1/2000 THROUGH 6/30/2001
Proiect Description
Case management services including outreach, assessment, assistance with vocational training, housing, and
referrals to employment for low-income individuals and families.
The Housing Scholarship Program combines affordable housing, job training, childcare and other support
services to enable participating low-income families to obtain full-time employment and achieve economic
self-sufficiency. Through the Program, subsidized Housing Scholarship Units are made available to selected
participm~ts and graduates of eligible job training programs. Upon completion of training, after employment
is secured, Housing Scholarship participants "graduate" and rents are adjusted upward based on qualifying
income. Housing Scholarship Program participants who do not stay in compliance with Program
requirements are subject to termination of their housing scholarship.
Housing Scholarship participants are nominated by representatives of eligible training and educational
programs. They must have incomes at or below 35% of the area median income and must be without (or
about to be without) adequate housing, paying more than 50% of their income for housing or living in a
unsafe environment. They must be enrolled in an eligible training program or must have successfully
· completed a training program within six months and be actively searching for employment. The applicants
must have completed a career assessment plan before rent subsidy begins and identify a realistic career path.
Applicants will be counseled to choose a career path that will provide an income above 50% of the area
median income. Residents of Dublin will be given priority consideration.
Work Program
Assist low-income individuals and families in completing job training, becoming employed, and eventually
becoming self-sufficient. Three families in Dublin would be assisted during the contract period.
Line Item
Case Manager
PROGRAM BUDGET
(Exhibit A)
ALLIED HOUSING
Julv 1, 2000 THROUGH June 30, 2001
Total
$10,000
GRAND TOTAL
$10,000
EXHIBIT B
CONDITIONS FOR PAYMENT BETWEEN
CITY OF DUBLIN
AND
ALLIED HOUSING
CLIENT CONFIDENTIAL INFORMATION:
City shall be allowed to review case work history information. The purpose of the City's review is to see randomly
selected client information to determine the adequacy of record keeping and quality of services performed.
BILINGUAL ASSISTANCE
Contractor will provide bilingual professional staff as needed to serve ks clients.
METHOD OF PAYMENT
This Attachment sets forth the mrms and conditions by which payment will be made by the City to the Contractor for
expenses incurred pursuant to the duties and services listed in Exhibit A of this contract.
Payment to the Contractor shall be made on a reimbursement basis. The Contractor shall seek reimbursement from the
City after expenses have already been incurred.
All requests for reimbursement will be in a format approved by the City and shall be submitted to the City on a monthly
basis with supporting documentation of actual costs incurred. Requests for reimbursement must be received within 30
days of the end of each claim month.
Any adjustments made by the fiscal auditors at the year-end audit, under the AICPA guidelines and other relevant
federal regulations should be brought to the attention of City staff for reconciliation.
Monthly invoices should include, by line item, documentation of the expenditure of matching funds on the City of
Dublin contract.
REQUESTS FOR ADJUSTMENTS TO BUDGET LINE ITEMS
Once the line item budget has been approved through the execution of this contract, there can be no more than four (4)
requests for adjustments to budget line item amounts during the contract period, including any final adjustments done at
the end of the program year, June 30, 2001.
COMPLIANCE WITH FEDERAL REGULATIONS
Contractor' s administrative procedures must be in compliance with the following regulations:
A. OMB Circular A-122, Cost Principles for Non-Profit Organizations.
OMB Circular A-110, Uniform Administrative Requirements for Grant and Other Agreements with
Institutions of Higher Education, Hospitals and Other Non-Profit Organizations.
Paragraph (b) of Section 570.502 of sub-part J of 24 CFR 85, Common Rule of Uniform
AdministratiVe Requirements for Grants and Cooperative Agreements with State and Local
Governments.
Section 44.6 of 24 CFR Part 44 (Non-Federal Government Audit Requirements), Common Rule of
Uniform Administrative Requirements for Grants and Cooperative Agreements with State and Local
Governments.
7
EXHIBIT C
INSURANCE REQUIREMENTS
1. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or
damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his
agents, representatives, employees or subcontractors. The cost of such insurance shall be included in the Contractor' s bid.
a. Minimum Scope of Insurance. Coverage shall be at least as broad as:
(1)
Insurance Services Office form number GL 0002 (Ed. 1/73) covering comprehensive General Liability
and Insurance Services Office form number. GL 0404 covering Broad Form Comprehensive General
Liability; or Insurance Services Office Commercial General Liability coverage ("occurrence" form
CG 0001 .)
(2)
Insurance Services Office form number CA 0001 (Ed. 1/78) covering Automobile Liability, code 1
"any auto" and endorsement CA 0025.
(3)
Workers' Compensation Insurance as required by the Labor Code of the State of California and
Employers Liability Insurance.
b. Minimum Limits of Insurance. Contractor shall maintain limits no less than:
(1)
General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury
and property damage. If commercial General Liability Insurance or other form with a general
aggregate limit is used, either the general aggregate limit shall apply separately to this project/location
or the general aggregate limit shall be twice the required occurrence limit.
(2)
Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property
damage.
(3)
Workers' Compensation and Employers Liability: Workers' Compensation limits as required by the
Labor Code of the State of California and Employers Liability ~Iimits of $1,000,000 per accident.
Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and
approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductibles or
self-insured retentions as respects the City, its officers, officials and employees; or the Contractor shall procure
a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.
d. Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the following provisions:
(1) General Liability and Automobile Liability Coverages.
{a)
The CITY, its officers, officials, employees and volunteers are to be covered as insureds as
respects: liability arising out of activities performed by or on behalf of the Contractor;
products and completed operations of the Contractor, premises owned, occupied or used by
the Contractor, or automobiles owned, leased, hired or borrowed by the Contractor. The
coverage shall contain no special limitations on the scope of the protection afforded to the
City, its officers, officials, employees or volunteers.
The Contractor's insurance coverage shall be primary insurance as respects the City, its
officers, officials, employees and volunteers. Any insurance or self-insurance maintained by
the City, its officers, officials, employees or volunteers shall be excess of the Contractor's
insurance and shall not contribute with it.
e,
(c)
Any failure to comply with reporting provisions of the policies shall not affect coverage
provided to the City, its officers, officials, employees or volunteers.
(d)
The Contractor's insurance shall apply separately to each insured against whom claim is
made or suit is brought, except with respect to the limits of the insurer's liability.
(2)
Workers' Compensation and Employers Liability Coverage.
The insurer shall agree to waive all rights of subrogation against the City, its officers, officials,
employees and volunteers for losses arising from work performed by the Contractor for the City.
(3)
Professional Liability.
Contractor shall carry professional liability insurance in an amount deemed by the City to adequately
protect the Contractor against liability caused by negligent acts, errors or omissions on the part of the
Contractor in the course of performance of the services specified in this Agreement.
(4)
All Coverages.
Each insurance policy required by this clause shall be endorsed to state that coverage shall not be
suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30)
days' prior written notice by certified mail, return receipt requested, has been given to the City.
Acceptability of Insurers. Insurance is to be placed with insurers with a Bests' rating of no less than A: VII.
Verification of Coverage. Contractor shall furnish City with certificates of insurance and with original
endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance
policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates
and endorsements are to be received and approved by the City before work commences. The City reserves the
right to require complete, certified copies of all required insurance policies, at any time.
Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish
separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be
subject to all of the requirements stated herein.
The Risk Manager of City may approve a variation in those insurance requirements upon a determination that
the coverages, scope, limits and forms of such insurance are either not commercially available or that the
City's interests are otherwise fully protected.
EXHIBIT D
ALAMEDA COUNTY AFFIRMATIVE ACTION PLAN
UNDER SECTION 3 OF THE HOUSING AND URBAN DEVELOPMENT ACT OF 1968
PURPOSE
To insure that to the greatest extent feasible, projects financed by the Alameda County Housing and Community Development
Program provide business and employment opportunities for businesses in the Alameda County project areas funded by
Community Development Block Grant.
In all contracts for work in connection with a Community Development project, the following clause (referred to as the Section 3
Clause), will be included:
The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban
Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of section 3 is to ensure that
employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by
Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons
who are recipients of HUD assistance for housing.
The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement section 3.
As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or
other impediment that would prevent them from complying with the part 135 regulations.
The Contractor agrees to send to each labor organization or representative of workers with which the Contractor has a
collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers'
representative of the Contractor' s commitments under this section 3 clause, and will post copies of the notice in
conspicuous places at the work site where both employees and applicants for training and employment positions can see
the notice. The notice shall describe the section3 preference, availability of apprenticeship and training positions, the
qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the
anticipated date the work shall begin.
The Contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24
CFR part 135, and agrees to take appropriate actions, as provided in an applicable provision of the subcontract or in this
section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The
Contractor will not subcontract with any subcontractor where the Contractor has notice or knowledge that the
subcontractor has been found in violation of the regulations in 24 CFR part 135.
4
The Contractor will certify that any vacant employment positions, including training positions, that are filled (1) after
the Contractor is selected but not before the contract is executed, and (2) with persons other than those to whom the
regulations of 24 CFR part 135 require employment opportunities be directed, were not filled to circumvent the
Contractor's obligations under 24 CFR pan 135.
,
Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for
default, and debarment or suspension from future HUD assisted contracts.
With respect to work performed in connection with section 3 covered Indian housing assistance, section 7(bi of the
Indian Self-Determination and Education Assistance Act (25 U.S.C. 405e) also applies to the work to be performed
under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training
and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given
to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the
provisions of section 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in
derogation of compliance with section 7(b).
10
SECTION 3 EMPLOYMENT PLAN
NAME OF CONTRACTOR: Allied Housing
Services to be Provided:
Case management services including outreach, assessment, assistance with vocational training,
housing, and referrals to employment for low-income individuals and families.
Contract Amount:
$10,000
Contract amount does not exceed Section 3 dollar threshold. Section 3 requirements
do not apply.
Contract does not include housing rehabilitation, housing construction or other
public construction. Section 3 requirements do not apply.
Section 3 requirements d_9.o apply. Contractor has been notified of Section 3
requirements and has completed the anticipated work force analysis below.
The following work force is anticipated to be necessary to satisfactorily complete this work:
Job Classifications Existing Work Force AnticiOated New Hires
Case Manager X
Contractor agrees to undertake a good faith effort to comply with all of the provisions of Section of the Housing
and Urban Development Act of 1968.
Contractor
~foel'~cCabe, Executid'f~/'/e;eC~Director
11
o
EXHIBIT E
PROPERTY MANAGEMENT STANDARDS
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.
The following definitions apply for the purpose of this attachment:
Real VroperW. Real property means land, land improvements, structures and
appurtenances thereto, excluding movable machinery and equipment.
b,
Personal properW. Personal property means property of any kind except real property.
It may be tangible -- having physical existence, or intangible -- having no physical
existence, such as patents, inventions, and copyrights.
C,
Nonexpendable personal properW2 Nonexpendable personal property means tangible
personal property having a useful life of more than one year and an acquisition cost of
$300 or more per unit. A grantee may use its own definition of nonexpendable personal
property provided that such definition would at least include all tangible personal
property as defined above.
Expendable personal property. Expendable personal property refers to all tangible
personal property other than nonexpendable property.
Excess property. Excess property means property under the control of any Federal
agency which, as determined by the head thereof, is no longer required for its needs.
Each Federal grantor agency shall prescribe requirements for grantees concerning the use of real property
funded partly or wholly by the Federal Government. Unless otherwise provided by statute, such
requirements, as a minimum, shall contain the following:
a,
The grantee shall use the real property for the authorized purpose of the original grant
as long as needed.
The grantee shall obtain approval by the grantor agency for the use of the real property
in other projects when the grantee determines that the property is no longer needed for
the original grant purposes. Use in other projects shall be limited to those under other
Federal grant programs, or programs that have purposes consistent with those
authorized for support by the grantor.
Cw
When the real property is no longer needed as provided in a. and b., above, the grantee
shall return all real property furnished or purchased wholly with Federal grant funds to
the control of the Federal grantor agency. In the case of property purchased in part
with Federal grant funds, the grantee may be permitted to take title to the Federal
interest therein upon compensating the Federal Government for its fair share of the
property. The Federal share of the property shah 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.
12
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:
Nonexpendable personal Drovertv acquired with Federal funds. When nonexpendable
personal property is acquired by a grantee wholly or in part with Federal funds, title
will not be taken by the Federal Government except as provided in paragraph 4a(4), but
shall be vested in the grantee subject to the following restrictions on use and disposition
of the property:
(1)
The grantee shall retain the property acquired with Federal funds in the grant
program as long as there is a need for the property to accomplish the purpose
of the grant program whether or not the program continues to be supported by
Federal funds. When there is no longer a need for the property to accomplish
the purpose of the grant program, the grantee shall use the property in
connection with other Federal grants it has received in the following order of
priority:
(a) Other grants of the same Federal grantor agency needing the property.
(b) Grants of other Federal agencies needing the property.
(2)
When the grantee no longer has need for the property in any of its Federal
grant programs, the property may be used for its own official activities in
accordance with the following standards:
(a)
Nonexoendable 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.
(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 commuted 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 amount which is computed in accordance with (iii) below.
Co)
Nonexpendable vropertv with an acquisition cost of over $1.000. The
grantee shall request disposition instructions from the grantor agency.
The Federal agency shall determine whether the property can be used
to meet the agency' s requirement. If no requirement exists within that
agency, the availability of the property shall be reported to the
General Services Administration (GSA) by the Federal agency to
determine whether a requirement for the property exists in other
Federal agencies. The Federal grantor agency shall issue instructions
13
to the grantee within 120 days and the following procedures shall
govern:
(i)
If the grantee is instructed to ship the property elsewhere, the
grantee shall be reimbursed by the benefiting Federal agency
with an amount which is computed by applying the
percentage of the grantee' s participation in the grant program
to the current fair market value of the property, plus any
shipping or interim storage costs incurred.
(ii)
If the grantee is instructed to otherwise dispose of the
property, he shall be reimbursed by the Federal grantor
agency for such costs incurred in its disposition.
(iii)
If disposition instructions are not issued within 120 days after
reporting, the grantee shall sell the property and reimburse
the Federal grantor agency an amount which is computed by
applying the percentage of Federal participation in the grant
program to the sales proceeds. Further, the grantee shall be
permitted to retain $100 or 10 percent of the proceeds,
whichever is greater, for the grantee' s selling and handling
expense.
(4)
Where the grantor agency determines that property with an, acquisition cost of
$1,000 or more and financed solely with Federal funds is unique, difficult, or
costly to replace, it may reserve title to such property, subject to the following
provisions:
(a)
The property shall be appropriately identified in the grant
agreement or otherwise made known to the grantee.
(b)
The grantor agency 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 120 days, the grantee sh~l apply the
standards of 4a(1), 4a(2)(b) and 4a(3)(b).
Federaliv-owned nonexpendable personal properW. 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 propeSty, 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.
The grantees' property management standards for nonexpendable personal property shall also include the
following procedural requirements.
Property records shall be maintained accurately and provide for: a description of the
property; manufacturer' s serial number or other identification number; acquisition date
and cost; source of the property; percentage of Federal funds used in the purchase of
property; location, use, and condition of the property; and ultimate disposition data
14
}5
including sales price or the method used to determine current fair market value if the
grantee reimburses the grantor agency for its share.
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.
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.
Adequate maintenance procedures shall be implemented to keep the property in
good condition.
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.
When the total inventory value of any unused expendable personal property exceeds $500 at the expiration
of need for any Federal grant purposes, the grantee may retain the property or sell the property as long as
he compensates the Federal Government for its share in the cost. The amount of compensation shall be
computed in accordance with 4a(2)(b).
Specified standards for control of intangible property are provided as follows:
If any program produces patentable items, patent rights, processes, or inventions, in the
course of work aided by a Federal grant, such fact shall be promptly and fully reported
to the grantor agency. Unless there is prior agreement between the grantee and grantor
on disposition of such items, the grantor agency shall determine whether protection on
such invention or discovery shall be sought and how the rights in the invention or
discovery -- including rights under any patent issued thereon -- shall be 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 is printed in 36 F.R.
16889).
Where the grant results in a book or copyrightable material, the author or grantee is free
to copyright the work, but the Federal grantor agency reserves a royalty-free,
nonexclusive and irrevocable license to reproduce, publish, or otherwise use, and to
authorize others to use the work for Government purposes.
(G :\cdbg/00-01AlliedHousingCDBGCNTR)
15
AGREEMENT BY AND BETWEEN
DUBLIN HOUSING AUTHORITY
AND
THE CITY OF DUBLIN
THIS AGREEMENT is made and entered into this __ day of , 2000, by and between the City of
Dublin, a body corporate and politi~b~.,0f the State of California, (hereinafter referred to as "City"), and DUBLIN HOUSING
AUTHORITY, (hereafter referred to as "Contractor").
WHEREAS, City is receiving funds pursuant to the Community Development Block Grant Program, funded by the
U.S. Department of Housing and Urban Development; and
WHEREAS, City is desirous of contracting with Contractor for the provision of certain services, a description of which
are presented in Exhibit A, attached hereto; and
WHEREAS, Contractor is willing. and able to perform duties and render services which are determined by the City of
Dublin to be necessary or appropriate for the welfare of residents of City; and
WHEREAS, City desires that such duties and services be provided by Contractor, and Contractor agrees to perform
such duties and xender such services, as more particularly set forth below:
NOW THEREFORE, FOR AND IN CONSIDERATION OF THE PROMISES HEREINAFTER MADE, CITY AND
CONTRACTOR DO MUTUALLY AGREE AS FOLLOWS:
I. STATEMENT OF WORK
Ao
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.
City has allocated the sum of $38,500 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 the City.
II. COMMENCEMENT AND COMPLETION REOUIREMENTS
The term of this Agreement begins on July 1, 2000, and ends on June 30, 2001, or when all contract
terms have been completed.
It shall be the responsibility of the Contractor to coordinate and schedule the work to be performed so
that commencement and completion will take place in accordance with the provisions of this
Agreement. The City may extend the time for completion of the Agreement in writing, if it
determines that delay in the progress of work is not attributable to the negligence of the Contractor
and that such delay was due to causes beyond the control of the Contractor.
Any time extension granted to the Contractor to enable the Contractor to complete the work shall not
constitute a waiver of rights the City may have under this Agreement.
Do
Should the Contractor not complete the work by the scheduled date or by an extended date, granted
by the City in writing, pursuant to previously stated conditions, the City shall be released from all
conditions of this Agreement.
ATTACHMENT
III.
IV.
VI.
Upon completion of performance under this Agreement and a determination of final costs, Contractor
shall submit to the City a certificate of completion for construction projects and a requiskion for final
payment for service projects, unless otherwise provided in this Agreement.
INSURANCE
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.
Contractor shall indemnify City, its officers and employees, against any and all liability for injury or
damage caused by any act or omission of Contractor or any of Contractor's employees or volunteers
in the performance of this contract, and Contractor shall hold City harmless from any and all loss
occasioned in the performance of, or otherwise arising out of, this contract.
SUBCONTRACTS
Any subcontract funding under this Agreement shall be submitted by Contractor to City for review
and approval prior to its execution.
B,
In the event subcontractor is a private non-profit or neighborhood-based non-profit organization, or a
local development or small business investment corporation, Contractor is required to comply with
the procurement procedures of Office of Management and Budget (OMB) Circular A-110 and A-122
(incorporated herein by reference) for the procurement of supplies and services in connection with
activities funded under this Agreement.
Any subcontract funded under this Agreement shall be subject to the terms and conditions of this
Agreement.
BUDGET
The work performed hereunder shall not exceed the Program Budget (Exhibit A, hereto).. All requested modifications
to the Budget attached to this Agreement and incorporated as part of this Agreement, shall be reviewed and approved
by City. All budget modifications require the prior written approval of City. Budget modifications shall not alter: 1)
The basic scope of services required to be performed under this Agreement; 2) the time period for the services to be
performed under this Agreement; and, 3) the total amount of the authorizec~ budget of this Agreement (see Exhibit A),
subject to future amendments as approved by the Dublin City Manager or his/her designee. The individual line item
budget for a particular cost category may be exceeded by ten percent of its approved budget, provided the addkional
funds are used from unused line item budgets and the total contract amount does not exceed the budget.
RECORDS AND REPORTS
All original documents prepared by Contractor in connection with the work to be performed under
this Agreement shall be the property of the City.
B,
Contractor's records must be made available for review upon request by the City prior to the release
of funds. Contractor shall be responsible for maintaining all records pertaining to this Agreement,
including subcontracts and expenditures, and all other financial and property records in conformance
with OMB circular A-110.
Records must be kept accurate and up-to-date. Failure of Contractor to comply with this provision
could result in termination of this Agreement or Contractor's repayment of funds previously awarded
under this Agreement.
VII. PROGRAM MONITORING AND EVALUATION
A,
Contractor shall be monitored by City and evaluated in terms of its effectiveness and timely
compliance with the provisions of this Agreement and the effective and efficient achievement of the
Program Objectives.
Contractor must undertake continuous quantitative and qualitative evaluation of the duties and services
as specified in this Agreement and shall make quarterly written reports to City.
The quarterly written reports shall include, but shall not be limited to the following data
elements:
a. Title of program, listing of components, description of activities/operations.
b. Service area (i.e., citywide, etc., including applicable census tracts).
Goals - the projected goals, indicated numerically, and also the goals achieved (for
each report period), In addition, identify by percentage and description, the
progress achieved towards meeting the specified goals; additionally, identify any
problems encountered in meeting goals.
d. Beneficiaries - provide the following:
i) Total number of direct beneficiaries.
ii)
Percent
of total number of direct beneficiaries who are:
Low and moderate income
Low income
Black, not Hispanic origin
Whke, not Hispanic origin
Hispanic
American Indian/Alaskan Native
Asian or Pacific Islander
Female Headed Households
e. Other data as required by City.
,
The quarterly report shall be due on the fifteenth day of the month immediately following the
report quarter, except for the end of the program year report which is due within thirty days.
The City shall hold payment of all project invoices until quarterly reports are received.
The City shall have ultimate responsibility for overall project monitoring and evaluation, to assist
Contractor in complying with the scope and contents of this Agreement, and to provide management
information which will assist the City's policy and decision-making and managers.
D. The Contractor shall follow audit requirements of the Single Audit Act and OMB Circular A-128.
VIII. UNIFORM ADMINISTRATIVE REQUIREMENTS
Contractor shall comply with Uniform Administrative Requirements as described in Federal Regulations, Section
570.502 as applicable to governmental entities.
IX. RELIGIOUS ACTIVITY PROHIBITION
There shall be no religious worship, instruction, or proselytization as part of, or in connection with the performance of
this Agreement.
OTHER PROGRAM REQUIREMENTS
174
Contractor certifies that it will carry out each activity in compliance with all Federal laws and
regulations described in 24 CFR, Part 570, Sub-part K (570.600-570-612) and relates to a) Non-
discrimination, b) Fair Housing, c) Labor Standards, d) Environmental Standards, 3) National Flood
Insurance Program, f) Relocation and Acquisition, g) Employment and Contracting Opportunities, h)
Lead-based paint, i) Use of Debarred, Suspended or Ineligible Contractors or Sub-recipients, j)
Uniform' Administrative Requirements and Cost Principals, k) Conflict of Interest, and l)
Displacement.
Bo
Contractor agrees to comply with the requirements of the Section 3 Plan, attached hereto as Exhibit
D.
Contractor agrees to comply with the requirements of the attached Exhibit E (Property Management
Standards).
XI. TERMINATION OF THIS AGREEMENT
City may terminate this Agreement in whole or in pan immediately for cause, which shall include as example but not
as a limitation:
Failure, for any reason, of Contractor to fulfill in a timely and proper manner its obligations under
this Agreement, including compliance with City, State and Federal laws and regulations and
applicable directives;
B. Failure to meet the performance standards contained in other sections of this Agreement;
C. Improper use of reporting of funds provided under this Agreement; and
Suspension or termination by HUD of the grant to the City under which Agreement is made, or the
portion thereof delegated by this Agreement.
Approved as to form:
By:
Elizabeth H. Silver, City Attorney
ONTRACTOR~._~.,, rk. \X'-~ e,,~,~ OF DUBLIN
* ~ I~Y
ONT _~ ~ By'
Taxpayer ID: 94-3021340 Attest:
Date: %) \NNC>'~ Date:
City Clerk
EXHIBIT A
WORK PROGRAM BETWEEN
THE CITY OF DUBLIN AND
DUBLIN HOUSING AUTHORITY
July 1~ 2000 THROUGH June 30, 2001
Project Description
Repair of damaged and leaking roofs, repair of dry rot and removal of dead or leaning trees which pose a
safety hazard.
Work Program Date
2.
3.
4.
5.
Select consultant
Prepare specifications and bid documents
Select contractors
Project start
Project completion
Within 2 months of funding (est. 10/01/00)
12/01/00
3/01/01
6/01/01
9/01/01
Line Item
1. Construction contracts
PROGRAM BUDGET
(Exhibit A)
DUBLIN HOUSING AUTHORITY
July 1, 2000 THROUGH June 30, 2001
Total
$38,500
GRAND TOTAL
$38,500
EXHIBIT B
CONDITIONS FOR PAYMENT BETWEEN
CITY OF DUBLIN
AND
DUBLIN HOUSING AUTHORITY
CLIENT CONFIDENTIAL INFORMATION:
City shall be allowed to review case work history information. The purpose of the City's review is to see randomly
selected client information to determine the adequacy of record keeping and quality of services performed.
BILINGUAL ASSISTANCE
Contractor will provide bilingual professional staff as needed to serve its clients.
METHOD OF PAYMENT
This Attachment sets forth the terms and conditions by which payment will be made by the City to the Contractor for
expenses incurred pursuant to the duties and services listed in Exhibit A of this contract.
Payment to the Contractor shall be made on a reimbursement basis. The Contractor shall seek reimbursement from the
City after expenses have already been incurred.
All requests for reimbursement wilt be in a format approved by the City and shall be submitted to the City on a
monthly basis with supporting documentation of actual costs incurred. Requests for reimbursement must be received
within 30 days of the end of each claim month,
Any adjustments made by the fiscal auditors at the year-end audit, under the AICPA guidelines and other relevant
federal regulations should be brought to the attention of City staff for reconciliation.
Monthly invoices should include, by line item, documentation of the expenditure of matching funds on the City of
Dublin contract.
REQUESTS FOR ADJUSTMENTS TO BUDGET LINE ITEMS
Once the line item budget has been approved through the execution of this contract, there can be no more than four (4)
requests for adjustments to budget line item amounts during the contract period, including any final adjustments done at
the end of the program year, June 30, 2001.
COMPLIANCE WITH FEDERAL REGULATIONS
Contractor' s administrative procedures must be in compliance with the following regulations:
A. OMB Circular A-122, Cost Principles for Non-Profit Organizations.
B. OMB Circular A-110, Uniform Administrative Requirements for Grant and Other Agreements with
Institutions of Higher Education, Hospitals and Other Non-Profit Organizations.
C, Paragraph (b) of Section 570.502 of sub-pan J of 24 CFR 85, Common Rule of Uniform
Administrative Requirements for Grants and Cooperative A'ge'~m"~t~ with State and Local
Governments.
D. Section 44.6 of 24 CFR Pan 44 (Non-Federal Government Audit Requirements), Common Rule of
Uniform Administrative Requirements for Grants and Cooperative Agreements with State and Local
Governments.
7
EXHIBIT C
INSURANCE REQUIREMENTS
1. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or
damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his
agents, representatives, employees or subcontractors. The cost of such insurance shall be included in the Contractor's bid.
a. Minimum Scope of Insurance. Coverage shall be at least as broad as:
(1)
Insurance Services Office form number GL 0002 (Ed. 1/73) covering. comprehensive General Liability
and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General
Liability; or Insurance Services Office Commercial General Liability coverage ("occurrence" form CG
0001.)
(2)
Insurance Services Office form number CA 0001 (Ed. 1/78) covering Automobile Liability, code 1
"any auto" and endorsement CA 0025.
(3)
Workers' Compensation Insurance as required by the Labor Code of the State of California and
Employers Liability Insurance.
b. Minimum Limits of Insurance. Contractor shall maintain limits no. less than:
(1)
General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury
and property damage. If commercial General Liability Insurance or other form with a general
aggregate limit is used, either the general aggregate limit shall apply separately to this project/location
or the general aggregate limit shall be twice the required occurrence limit.
(2)
Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property
damage.
(3)
Workers' Compensation and Employers Liability: Workers' Compensation limits as required by the
Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident.
Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and
approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductibles or
self-insured retentions as respects the City, its officers, officials and employees; or the Contractor shall procure a
bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.
d. Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the following provisions:
(1) General Liability and Automobile Liability Coverages.
(a)
The CITY, its officers, officials, employees and volunteers are to be covered as insureds as
respects: liability arising out of activities performed by or on behalf of the Contractor;
products and completed operations of the Contractor, premises owned, occupied or used by the
Contractor, or automobiles owned, leased, hired or borrowed by the Contractor. The coverage
shall contain no special limitations on the scope of the protection afforded to the City, its
officers, officials, employees or volunteers.
(b)
The Contractor's insurance coverage shall be primary insurance as respects the City, its
officers, officials, employees and volunteers. Any insurance or self-insurance maintained by
the City, its officers, officials, employees or volunteers shall be excess of the Contractor's
insurance and shall not contribute with it.
go
(c)
Any failure to comply with reporting provisions of the policies shall not affect coverage
provided to the City, its officers, officials, employees or volunteers.
(d)
The Contractor's insurance shall apply separately to each insured against whom claim is made
or suit is brought, except with respect to the limits of the insurer's liability.
(2)
Workers' Compensation and Employers Liability Coverage.
The insurer shall agree to waive all rights of subrogation against the City, its officers, officials,
employees and volunteers for losses arising from work performed by the Contractor for the City.
(3)
Professional Liability.
Contractor shall carry professional liability insurance in an amount deemed by the City to adequately
protect the Contractor against liability caused by negligent acts, errors or omissions on the part of the
Contractor in the course of performance of the services specified in this Agreement.
(4)
All Coverages.
Each insurance policy required by this clause shall be endorsed to state that coverage shall not be
suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30)
days' prior written notice by certified mail, return receipt requested, has been given to the City.
AcceDtabiliW of Insurers. Insurance is to be placed with insurers with a Bests' rating of no tess than A :VII.
Verification of Coverage. Contractor shall furnish City with certificates of insurance and with original
endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance
policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and
endorsements are to be received and approved by the City before work commences. The City reserves the right
to require complete, certified copies of all required insurance policies, at any time.
Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate
certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of
the requirements stated herein.
The Risk Manager of City may approve a variation in those insurance requirements upon a determination that
the coverages, scope, limits and forms of such insurance are either not commercially available or that the City's
interests are otherwise fully protected.
EXHIBIT D
ALAMEDA COUNTY AFFIRMATIVE ACTION PLAN
UNDER SECTION 3 OF THE HOUSING AND URBAN DEVELOPMENT ACT OF 1968
PURPOSE
To insure that to the greatest extent feasible, projects financed by the Alameda County Housing and Community Development
Program provide business and employment oppommities for businesses in the Alameda County project areas funded by
Community Development Block Grant.
In all contracts for work in connection with a Community Development project, the following clause (referred to as the Section
3 Clause), will be included:
The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban
Development Act of 1968, as amended, t2 U.S.C. 1701u (section 3). The purpose of section 3 is to ensure that
employment and other economic opportmnities generated by HUD assistance or HUD-assisted projects covered by
Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons
who are recipients of HUD assistance for housing.
The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement section 3.
As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or
other impediment that would prevent them from complying with the part 135 regulations.
o
The Contractor agrees to send to each labor organization or representative of workers with which the Contractor has a
collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers'
representative of the Contractor' s commitments under this section 3 clause, and will post copies of the notice in
conspicuous places at the work site where both employees and applicants for training and employment positions can see
the notice. The notice shall describe the section 3 preference, availability of apprenticeship and training positions, the
qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the
anticipated date the work shall begin.
The Contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24
CFR part 135, and agrees to take appropriate actions, as provided in an applicable provision of the subcontract or in
this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part I35,. The
Contractor will not subcontract with any subcontractor where the Contractor has notice or knowledge that the
subcontractor has been found in violation of the regulations in 24 CFR part 135.
The Contractor will certify that any vacant employment positions, including training positions, that are filled (1)after
the Contractor is selected but not before the contract is executed, and (2) with persons other than those to whom the
regulations of 24 CFR part 135 require employment opportunities be directed, were not filled to circumvent the
Contractor's obligations under 24 CFR part 135.
Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for
default, and debarment or suspension from future HUD assisted contracts.
With respect to work performed in connection with section 3 covered Indian housing assistance, section 7(b) of the
Indian Self-Determination and Education Assistance Act (25 U.S.C. 405e) also applies to the work to be performed
under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training
and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given
to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the
provisions of section 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in
derogation of compliance with section 7(b).
10
SECTION 3 EMPLOYMENT PLAN
NAME OF CONTRACTOR: DUBLIN HOUSING AUTHORITY
Services to be Provided:
Repair of damaged and leaking roofs, repair of dry rot and removal of dead or leaning trees
which pose a safety hazard.
Contract Amount:
$38,500
Contract amount does not exceed Section 3 dollar threshold. Section 3
requirements do not apply.
Contract does not include housing rehabilitation, housing construction or other
public construction. Section 3 requirements do not apply.
Section 3 requirements do apply. Contractor has been notified of Section 3
requirements and has completed the anticipated work force analysis below.
The following work force is anticipated to be necessary to satisfactorily complete this work:
Job Classifications Existin~ Work Force Anticipated New Hires
All work will be subcontracted. We will have a roofing consultant to assist with specifications and inspections. A
roofmg company will be contracted with for repair work. Contractors will remove dead and leaning trees.
Contractor agrees to undertake a good faith effort to comply with all of the provisions of Section of the Housing
and Urban Development Act of 1968.
0
Date
11
EXHIBIT E
PROPERTY MANAGEMENT STANDARDS
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.
The following definitions apply for the purpose of this attachment:
ao
Real oropertv. Real property means land, land improvements, structures and
appurtenances thereto, excluding movable machinery and equipment.
Personal property. Personal property means property of any kind except real property.
It may be tangible -- having physical existence, or intangible -- having no physical
existence, such as patents, inventions, and copyrights.
C,
Nonexpendable personal property. Nonexpendable personal property means tangible
personal property having a useful life of more than one year and an acquisition cost of
$300 or more per unit. A grantee may use its own def'mition of nonexpendable
personal property provided that such definition would at least include all tangible
personal property as defined above.
Expendable personal property. Expendable personal property refers to all tangible
personal property other than nonexpendable property.
e,
Excess property. Excess property means property under the control of any Federal
agency which, as determined by the head thereof, is no longer required for its needs.
Each Federal grantor agenc3; 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:
The grantee shall use the real property for the authorized purpose of the original grant
as long as needed.
b,
The grantee shall obtain approval by the grantor agency for the use of the real property
in other projects when the grantee determines that the property is no longer needed for
the original grant purposes. Use in other projects shall be limited to those under other
Federal grant programs, or programs that have purposes consistent with those
authorized for support by the grantor.
Co
When the real property is no longer needed as provided in a. and b., above, the grantee
shall return all real property furnished or purchased wholly with Federal grant funds to
the control of the Federal grantor agency. In the case of property purchased in part
with Federal grant funds, the grantee may be permitted to take title to the Federal
interest therein upon 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.
12
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:
Nonexpendable personal oropertv acouired with Federal funds. When nonexpendable
personal property is acquired by a grantee wholly or in part with Federal funds, title
will not be taken by the Federal Government except as provided in paragraph 4a(4), but
shall be vested in the grantee subject to the following restrictions on use and disposition
of the property:
(D
The grantee shall retain the property acquired with Federal funds in the grant
program as long as there is a need for the property to accomplish the purpose
of the grant program whether or not the program continues to be supported by
Federal funds. When there is no longer a need for the property to accomplish
the purpose of the grant program, the grantee shall use the property in
connection with other Federal grants it has received in the following order of
priority:
(a) Other grants of the same Federal grantor agency needing the property.
(b) Grams 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.
(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 commuted 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 amount which is computed in accordance with (iii) below.
(b)
Nonexpendable property with an accluisition cost of over $1,000. The
grantee shall request disposition instructions from the grantor agency.
The Federal agency shall determine whether the property can be used
to meet the agency's requirement. If no requirement exists within that
agency, the availability of the property shall be reported to the
General Services Administration (GSA) by the Federal agency to
determine whether a requirement for the property exists in other
Federal agencies. The Federal grantor agency shall issue instructions
13
to the grantee within 120 days and the following procedures shall
govern:
(i)
If the grantee is instructed to ship the property elsewhere, the
grantee shall be reimbursed by the benefiting Federal agency
with an amount which is computed by applying the
percentage of the grantee's participation in the grant program
to the current fair market value of the property, plus any
shipping or interim storage costs incurred.
(ii)
If the grantee is instructed to otherwise dispose of the
property, he shall be reimbursed by the Federal grantor
agency for such costs incurred in its disposition..
(iii)
If disposition instructions are not issued within 120 days after
reporting, the grantee shall sell the property and reimburse
the Federal grantor agency an amount which is computed by
applying the percentage of Federal participation in the grant
program to the sales proceeds. Further, the grantee shall be
permitted to retain $100 or 10 percent of the proceeds,
whichever is greater, for the grantee' s selling and handling
expense.
(4)
Where the grantor agency determines that property with an acquisition cost of
$1,000 or more and financed solely with Federal funds is unique, difficuk, or
costly to replace, it may reserve title to such property, subject to the following
provisions:
(a)
The property shall be appropriately identified in the grant
agreement or otherwise made known to the grantee.
(b)
The grantor agency shall issue disposition instructions within 120 days
after the completion of the need for the property under the Federal
grant for which it was acquired. If the grantor agency fails to issue
disposition instructions within 120 days, the grantee shall apply the
standards of 4a(1), 4a(2)(b) and 4a(3)(b).
Federallv-owned nonexpendable Dersonal 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.
The grantees' property management standards for nonexpendable personal property shall also include the
following procedural requirements.
Property records shall be maintained accurately and provide for: a description of the
property; manufacturer' s serial number or other identification number; acquisition date
and cost; source of the property; percentage of Federal funds used in the purchase of
property; location, use, and condition of the property; and ultimate disposition data
14
o
including sales price or the method used to determine current fair market value if the
grantee reimburses the grantor agency for its share.
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.
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.
Adequate maintenance procedures shall be implemented to keep the property in
good condition.
Proper sales procedures shall be established for urnneeded property which would provide
for competition to the extent practicable and result in the highest possible return.
When the total inventory value of any unused expendable personal property exceeds $500 at the
expiration of need for any Federal grant purposes, the grantee may retain the property or sell the
property as long as he compensates the Federal Government for its share in the cost. The amount of
compensation shall be computed in accordance with 4a(2)(b).
Specified standards for control of intangible property are provided as follows:
If any program produces patentable items, patent rights, processes, or inventions, in the
course of work aided by a Federal grant, such fact shall be promptly and fully reported
to the grantor agency. Unless there is prior agreement between the grantee and grantor
on disposition of such items, the grantor agency shall determine whether protection on
such invention or discovery shall be sought and how the rights in the invention or
discovery -- including rights under any patent issued thereon -~ shall be 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).
bo
Where the grant results in a book or copyrightable material, the author or grantee is
free to copyright the work, but the Federal grantor agency reserves a royalty-free,
nonexclusive and irrevocable license to reproduce, publish, or otherwise use, and to
authorize others to use the work for Government purposes.
(G :\cdbg/00-01 Dub linHousingAuthorityCDGGCNTR
15
AGREEMENT BY AND BETWEEN
VALLEY COMMUNITY HEALTH CENTER
AND
THE CITY OF DUBLIN
THIS AGREEMENT is made and entered into this t 7h"~ day of Auqust: , 2000, by and between the City of
Dublin, a body corporate and politic of the State of California, (hereinafter referred to as "City"), and VALLEY
COMMUNITY HEALTH CENTER, (hereafter referred to as "Contractor").
WHEREAS, City is receiving funds pursuant to the Community Development Block Grant Program, funded by the
U.S. Department of Housing and Urban Development; and
WHEREAS, City is desirous of contracting with Contractor for the provision of certain services, a description of which
are presented in Exhibit A, attached hereto; and
WHEREAS, Contractor is willing and able to perform duties and render services which are determined by the City of
Dublin to be necessary or appropriate for the welfare of residents of City; and
WHEREAS, City desires that such duties and ser,4ces be provided by Contractor, and Contractor agrees to perform
such duties and render such services, as more particularly set forth below:
NOW THEREFORE, FOR AND IN CONSIDERATION OF THE PROMISES HEREINAFTER MADE, CITY AND
CONTRACTOR DO MUTUALLY AGREE AS FOLLOWS:
STATEMENT OF WORK
A,
Attached hereto, marked Exhibit A, and by this reference made a part hereof, is a description of the
duties and services to be performed for City by Contractor, and Contractor agrees to comply with all
provisions, to perform all work, and to provide all such duties and services set forth in Exhibit A in a
professional and diligent manner.
City has allocated the sum of $7,500 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 the City.
II. COMMENCEMENT AND COMPLETION REQUIREMENTS
The term of this Agreement begins on July 1,2000, and ends on June 30, 2001, or when all contract
terms have been completed.
It shall be the responsibility of the Contractor to coordinate and schedule the work to be performed so
that commencement and completion will take place in accordance with the provisions of this
Agreement. The City may extend the time for completion of the Agreement in writing, if it
determines that delay in the progress of work is not attributable to the negligence of the Contractor
and that such delay was due to causes beyond the control of the Contractor.
Any time extension granted to the Contractor to enable the Contractor to complete the work shall not
constitute a waiver of rights the City may have under this Agreement.
Should the Contractor not complete the work by the scheduled date or by an extended date, granted
by the City in writing, pursuant to previously stated conditions, the City shall be released from all
conditions of this Agreement.
ATTACHMENT 3
III.
IV.
VI.
Upon completion of performance under this Agreement and a determination of final costs, Contractor
shall submit to the City a certificate of completion for construction projects and a requisition for final
payment for service projects, unless otherwise provided in this Agreement.
INSURANCE
A,
Contractor shall maintain, at all times during the term of this contract, the insurance and bonding
documentation described in Exhibit C to this contract, and shall comply with all other requirements
set forth in that Exhibit.
Contractor shall indemnify City, its officers and employees, against any and all liability for injury or
damage caused by any act or omission of Contractor or any of Contractor's employees or volunteers
in the performance of this contract, and Contractor shall hold City harmless from any and all loss
occasioned in the performance of, or otherwise arising out of, this contract.
SUBCONTRACTS
Any subcontract funding under this Agreement shall be submitted by Contractor to City for review
and approval prior to its execution.
In the event subcontractor is a private non-profit or neighborhood-based non-profit organization, or a
local development or small business investment corporation, Contractor is required to comply with
the procurement procedures of Office of Management and Budget (OMB) Circular A-110 and A-122
(incorporated heroin by reference) for the procurement of supplies and services in connection with
activities funded under this Agreement.
Any subcontract funded under this Agreement shall be subject to the terms and conditions of this
Agreement.
BUDGET
The work performed hereunder shall not exceed the Program Budget (Exhibit A, hereto). All requested modifications
to the Budget attached to this Agreement and incorporated as part of this Agreement, shall be reviewed and approved
by City. All budget modifications require the prior written approval of City. Budget modifications shall not alter: 1)
The basic scope of services required to be performed under this Agreement; 2) the time period for the services to be
performed under this Agreement; and, 3) the total amount of the authorized budget of this Agreement (see Exhibit A),
subject to future amendments as approved by the Dublin City' Manager or his/her designee. The individual line item
budget for a particular cost category may be exceeded by ten percent of its approved budget, provided the additional
funds are used from unused line item budgets and the total contract amount does not exceed the budget.
RECORDS AND REPORTS
Ao
All original documents prepared by Contractor in connection with the work to be performed under
this Agreement shall be the property of the City.
Bo
Contractor's records must be made available for review upon request by the City prior to the release
of funds. Contractor shall be responsible for maintaining all records pertaining to this Agreement,
including subcontracts and expenditures, and all other financial and property records in conformance
with OMB circular A-110.
Co
Records must be kept accurate and up-to-date. Failure of Contractor to comply with this provision
could result in termination of this Agreement or Contractor's repayment of funds previously awarded
under this Agreement.
2
VII.
VIII.
IX.
PROGRAM MONITORING AND EVALUATION
Contractor shall be monitored by City and evaluated in terms of its effectiveness and timely
compliance with the provisions of this Agreement and the effective and efficient achievement of the
Program Objectives.
Contractor must undertake continuous quantitative and qualitative evaluation of the duties and services
as specified in this Agreement and shall make quarterly written reports to City.
The quarterly written reports shall include, but shalI not be limited to the following data
elements:
a. Title of program, listing of components, description of activkies/operations.
b,
Service area (i.e., citywide, etc., including applicable census tracts).
Goals - the projected goals, indicated numerically, and also the goals achieved (for
each report period). In addition, identify by percentage and description, the
progress achieved towards meeting the specified goals; additionally, identify any
problems encountered in meeting goals.
d. Beneficiaries - provide the following:
Total number of direct beneficiaries.
ii) Percent
of total number of direct beneficiaries who are:
Low and moderate income
Low income
Black, not Hispanic origin
White, not Hispanic origin
Hispanic
American Indian/Alaskan Native
Asian or Pacific Islander
Fernale Headed Households
e. Other data as required by City.
The quarterly report shall be due on the fifteenth day of the month immediately following the
report quarter, except for the end of the program year report which is due within thirty days.
The City shall hold payment of all project invoices until quarterly reports are received.
The City shall have ultimate responsibility for overall project monitoring and evaluation, to assist
Contractor in complying with the scope and contents of this Agreement, and to provide management
information which will assist the City's policy and decision-making and managers.
D. The Contractor shall follow audit requirements of the Single Audit Act and OMB Circular A-128.
UNIFORM ADMINISTRATIVE REOUIREMENTS
Contractor shall comply with Uniform Administrative Requirements as described in Federal Regulations, Section
570.502 as applicable to governmental entities.
RELIGIOUS ACTIVITY PROHIBITION
There shall be no religious worship, instruction, or proselytization as part of, or in connection with the performance of
this Agreement.
X. OTHER PROGRAM REQUIREMENTS
Contractor certifies that it will carry out each activity in compliance with all Federal laws and
regulations described in 24 CFR, Part 570, Sub-part K (570.600-570-612) and relates to a) Non-
discrimination, b) Fair Housing, c) Labor Standards, d) Environmental Standards, 3) National Flood
Insurance Program, f) Relocation and Acquisition, g) Employment and Contracting Opportunities, h)
Lead-based paint, i) Use of Debarred, Suspended or Ineligible Contractors or Sub-recipients, j)
Uniform Administrative Requirements and Cost Principals, k) Conflict of Interest, and 1)
Displacement.
B,
Contractor agrees to comply with the requirements of the Section 3 Plan, attached hereto as Exhibit
D.
C,
Contractor agrees to comply with the requirements of the attached Exhibit E (Property Management
Standards).
XI. TERMINATION OF THIS AGREEMENT
City may terminate this Agreement in whole or in part immediately for cause, which shall include as example but not
as a limitation:
A,
Failure, for any reason, of Contractor to fulfill in a timely and proper manner its obligations under
this Agreement, including compliance with City, State and Federal laws and regulations and
applicable directives;
B. Failure to meet the performance standards contained in other sections of this Agreement;
C. Improper use of reporting of funds provided under this Agreement; and
Suspension or termination by HUD of the grant to the City under which Agreement is made, or the
portion thereof delegated by this Agreement.
Approved as to form:
CONTRACTOR:
Ronald Greenspane
Executive Director
By:
Elizabeth H. Silver, City Attorney
CITY OF DUBLIN
By:
Taxpayer ID: 94-2232394
Date: 8/17/00
Attest:
Date:
City Clerk
EXHIBIT A
WORK PROGRAM BETWEEN
THE CITY OF DUBLIN
AND
VALLEY COMMUNITY HEALTH CENTER
7/1/2000 THROUGH 6/30/2001
Project Description
Through the case management service, seniors are visited in their homes and an initial assessment is made of
the living situation and needs. This assessment consists of an evaluation of the senior's physical, mental and
emotional status, as well as an assessment of the needs for assistance with daily living activities.
Work Program
After the initial visit, a care plan is formulated with the senior and the family. This plan includes locating,
arranging and overseeing services such as transportation, meals, safety devises, and in-home companions and
workers. Referrals are made and services are coordinated with physician, home health nurses, social
workers, attorney and other professionals. Assistance is provided in applying for Medi-Cal, food stamps and
SSI and in handling Medi-Care and health insurance billing. The situation is then monitored on an ongoing
basis at intervals which are appropriate to the individual needs of the senior, and are plans are modified as
necessary.
Senior Support will serve 15 eiders with case management services.
Line Item
Case Manager
PROGRAM BUDGET
(Exhibit A)
VALLEY COMMUNITY HEALTH CENTER
July I, 2000 THROUGH June 30, 2001
Total
$7,500
GRAND TOTAL
$7,500
EXHIBIT B
CONDITIONS FOR PAYMENT BETWEEN
CITY OF DUBLIN
AND
VALLEY COMMUNITY HEALTH CENTER
CLIENT CONFIDENTIAL INFORMATION:
City shall be allowed to review case work history information, The purpose of the City's review is to see randomly
selected client information to determine the adequacy of record keeping and quality of services performed,
BILINGUAL ASSISTANCE
Contractor will provide bilingual professional staff as needed to serve its clients.
METHOD OF PAYMENT
This Attachment sets forth the terms and conditions by which payment will be made by the City to the Contractor for
expenses incurred pursuant to the duties and services listed in Exhibit A of.this contract,
Payment to the Contractor shall be made on a reimbursement basis. The Contractor shall seek reimbursement from the
City after expenses have already been incurred,
All requests for reimbursement will be in a format approved by the City and shall be submitted to the City on a
monthly basis with supporting documentation of actual costs incurred. Requests for reimbursement must be received
within 30 days of the end of each claim month.
Any adjustments made by the fiscal auditors at the year-end audit, under the AICPA guidelines and other relevant
federal regulations should be brought to the attention of City staff ~or reconciliation.
Monthly invoices should include, by line item, documentation of the expenditure of matching funds on the City of
Dublin contract.
REQUESTS FOR ADJUSTMENTS TO BUDGET LINE ITEMS
Once the line item budget has been approved through the execution of this contract, there can be no more than four (4)
requests for adjustments to budget line item amounts during the contract period, including any final adjustments done at
the end of the program year, June 30, 2001.
COMPLIANCE WITH FEDERAL REGULATIONS
Contractor' s administrative procedures must be in compliance with the following regulations:
A. OMB Circular A-122, Cost Principles for Non-Profit Organizations.
OMB Circular A-110, Uniform Administrative Requirements for Grant and Other Agreements with
Institutions of Higher Education, Hospitals and Other Non-Profit Organizations.
C. Paragraph (b) of Section 570.502 of sub-part J of 24 CFR 85, Common Rule of Uniform
Administrative Requirements for Grants and Cooperative Agreements with State and Local
Governments.
Section 44.6 of 24 CFR Part 44 (Non-Federal Government Audit Requirements), Common Rule of
Uniform Administrative Requirements for Grants and Cooperative Agreements with State and Local
Governments.
EXHIBIT C
INSURANCE REQUIREMENTS
I. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or
damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his
agents, representatives, employees or subcontractors. The cost of such insurance shall be included in the Contractor's bid.
Minimum Scope of Insurance. Coverage shall be at least as broad as:
(~)
Insurance Services Office form number GL 0002 (Ed. 1/73) covering comprehensive General Liability
and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General
Liability; or Insurance Services Office Commercial General Liability coverage ("occurrence" form CG
0001.)
(2)
insurance Services Office form number CA 0001 (Ed. 1/78) covering Automobile Liability, code 1
"any auto" and endorsement CA 0025.
(3)
Workers' Compensation Insurance as required by the Labor Code of the State of California and
Employers Liability Insurance.
b. Minimum Limits of Insurance. Contractor shall maintain limits no less than:
(1)
General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury
and property damage. If commercial General Liability Insurance or other form with a general
aggregate limit is used, either the general aggregate limit shall apply separately to this project/location
or the general aggregate limit shall be twice the required occurrence limit.
(2)
(3)
Automobile Liability: $1,000,000 combined single iimit per accident for bodily injury and property
damage.
Workers' Compensation and Employers Liability: Workers' Compensation limits as required by the
Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident.
do
Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and
approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductibles or
self-insured retentions as respects the City, its officers, officials and employees; or the Contractor shall procure a
bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.
Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the following provisions:
(1) General Liability and Automobile Liability Coverages.
(a)
The CITY, its officers, officials, employees and volunteers are to be covered as insureds as
respects: liability arising out of activities performed by or on behalf of the Contractor;
products and completed operations of the Contractor, premises owned, occupied or used by the
Contractor, or automobiles owned, leased, hired or borrowed by the Contractor. The coverage
shall contain no special limitations on the scope of the protection afforded to the City, its
officers, officials, employees or volunteers.
(b)
The Contractor's insurance coverage shall be primary insurance as respects the City, its
officers, officials, employees and volunteers. Any insurance or self-insurance maintained by
the City, its officers, officials, employees or volunteers shall be excess of the Contractor's
insurance and shall not contribute with it.
8
(c)
Any failure to comply with reporting provisions of the policies shah not affect coverage
provided to the City, its officers, officials, employees or volunteers.
(d)
The Contractor's insurance shall apply separately to each insured against whom cIairn is made
or suit is brought, except with respect to the limits of the insurer's liability.
Workers' Compensation and Employers Liability Coverage.
The insurer shall agree to waive all rights of subrogation against the City, its officers, officials,
employees and volunteers for losses arising from work performed by the Contractor for the City.
(3)
Professional Liability.
Contractor shall carry professional liability insurance in an mount deemed by the City to adequately
protect the Contractor against liability caused by negligent acts, errors or omissions on the part of the
Contractor in the course of performance of the services specified in this Agreement.
(4)
All Coverages.
Each insurance policy required by this clause shall be endorsed to state that coverage shall not be
suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30)
days' prior written notice by certified mail, return receipt requested, has been given to the City.
AccelxabiliW of Insurers. Insurance is to be placed with insurers with a Bests' rating of no less than A:VII.
Verification of Coveraxe. Contractor shall furnish City with certificates of insurance and with original
endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance
policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and
endorsements are to be received and approved by the City before work commences. The City reserves the right
to require complete, certified copies of all required insurance policies, at any time.
Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate
certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of
the requirements stated herein.
The Risk Manager of City may approve a variation in those insurance requirements upon a determination that
the coverages, scope, limits and forms of such insurance are either not commercially available or that the City's
interests are otherwise fully protected.
9
EXHIBIT D
ALAMEDA COUNTY AFFIRMATIVE ACTION PLAN
UNDER SECTION 3 OF THE HOUSING AND URBAN DEVELOPMENT ACT OF 1968
PURPOSE
To insure that to the greatest extent feasible, projects financed by the Alameda County Housing and Community Development
Program provide business and employment oppommities for businesses in the Alameda County project areas funded by
Community Development Block Grant.
In all contracts for work in connection with a Community Development project, the following clause (referred to as the Section
3 Clause), will be included:
The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban
Development Act of 1968, as mended, 12 U.S.C. 1701u (section 3). The purpose of section 3 is to ensure that
employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by
Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons
who are recipients of HUD assistance for housing.
The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement section 3.
As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or
other impediment that would prevent them from complying with the part 135 regulations.
,
The Contractor agrees to send to each labor organization or representative of workers with which the Contractor has a
collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers'
representative of the Contractor' s commitments under this section 3 clause, and will post copies of the notice in
conspicuous places at the work site where both employees and applicants for training and employment positions can see
the notice. The notice shall describe the section 3 preference, availability of apprenticeship and training positions, the
qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the
anticipated date the work shall begin.
The Contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24
CFR part 135, and agrees to take appropriate actions, as provided in an applicable provision of the subcontract or in
this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The
Contractor will not subcontract with any subcontractor where the Contractor has notice or knowledge that the
subcontractor has been found in violation of the regulations in 24 CFR part 135.
o
The Contractor will certify that any vacant employment positions, including training positions, that are filled (1) after
the Contractor is selected but not before the contract is executed, and (2) with persons other than those to whom the
regulations of 24 CFR part 135 require employment opportunities be directed, were not filled to circumvent the
Contractor' s obligations under 24 CFR part 135.
Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for
default, and debarmerit or suspension from future HUD assisted contracts.
With respect to work performed in connection with section 3 covered Indian housing assistance, section 7(b) of the
Indian Self-Determination and Education Assistance Act (25 U.S.C. 405e) also applies to the work to be performed
under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training
and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given
to Indian organizations and Indian-owned Bconomic Enterprises. Parties to this contract that are subject to the
provisions of section 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in
derogation of compliance with section 7Co).
10
SECTION 3 EMPLOYMENT PLAN
NAME OF CONTRACTOR: VALLEY COMMUNITY HEALTH CENTER
Services to be Provided:
Case Management for Seniors
Contract Amount:
$7,500
Contract mount does not exceed Section 3 dollar threshold. Section 3
requirements do not apply.
Contract does not include housing rehabilitation, housing construction or other
public construction. Section 3 requirements do not apply.
Section 3 requirements do apply. Contractor has been notified of Section 3
requirements and has completed the anticipated work force analysis below.
The following work force is anticipated to be necessary to satisfactorily complete this work:
Job Classifications Existin~ Work Force Anticipated New Hires
Case Manager X
Contractor agrees to undertake a good faith effort to comply with all of the provisions of Section of the Housing
and Urban Development Act of 1968.
Contractor
,,/'f//,~l;,,t ~'~
Ronald Greenspane, Executive Director
Date
11
EXHIBIT E
PROPERTY MANAGEMENT STANDARDS
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 ~antor agencies shah 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.
The following definitions apply for the purpose of this attachment:
Real property. Real property means land, land improvements, structures and
appurtenances thereto, excluding movable machinery and equipment.
Personal prol~ertv. 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.
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 definition of nonexpendable
personal property provided that such definition would at least include all tangible
personal property as defined above.
Expendable Dersonal DroDertV. Expendable personal property refers to all tangible
personal property other than nonexpendable property.
Excess l~ropertV. Excess property means property under the control of any Federal
agency which, as determined by the head thereof, is no longer required for its needs.
Each Federal grantor agency shall prescribe requirements for grantees concerning the use of real property
funded partly or wholly by the Federal Government. Unless otherwise provided by statute, such
requirements, as a minimum, shall contain the following:
The grantee shall use the real property for the authorized purpose of the original grant
as long as needed.
The grantee shall obtain approval by the grantor agency for the use of the real property
in other projects when the grantee determines that the property is no longer needed for
the original grant purposes. Use in other projects shall be Iimited to those under other
Federal grant programs, or programs that have purposes consistent with those
authorized for support by the grantor.
Co
When the real property is no longer needed as provided in a. and b., above, the grantee
shall return all real property furnished or purchased wholly with Federal grant funds to
the control of the Federal grantor agency. In the case of property purchased in part
with Federal grant funds, the grantee may be permitted to take title to the Federal
interest therein upon 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.
12
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:
Nonexpendable personal vrooertv acc~uired with Federal funds. When nonexpendable
personal property is acquired by a grantee wholly or in part with Federal funds, title
wilt 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 tong as there is a need for the property to accomplish the purpose
of the grant program whether or not the program continues to be supported by
Federal funds. When there is no longer a need for the property to accomplish
the purpose of the grant program, the grantee shall use the property in
connection with other Federal grants it has received in the 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:
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.
(3)
%)
All other nonexDendable proOerty. 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 commuted by applying the
percentage of Federal participation in the grant program to the current
fair market value of the property.
If the grantee has no need for the property, disposition of the property shall be
made as follows:
(a)
Nonexpendable Drovetry with an acquisition cost of $I~ .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) betow.
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
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to the grantee within 120 days and the following procedures shall
govern:
If the grantee is instructed to ship the property elsewhere, the
grantee shall be reimbursed by the benefiting Federal agency
with an mount which is computed by applying the
percentage of the grantee' s participation in the grant program
to the current fair market value of the property, plus any
shipping or interim storage costs incurred.
(ii)
If the grantee is instructed to otherwise dispose of the
property, he shall be reimbursed by the Federal grantor
agency for such costs incurred in its disposition.
(iii)
If disposition instructions are not issued within 120 days after
reporting, the grantee shall sell the property and reimburse
the Federal grantor agency an mount which is computed by
applying the percentage of Federal participation in the grant
program to the sales proceeds. Further, the grantee shall be
permitted to retain $100 or 10 percent of the proceeds,
whichever is greater, for the grantee's selling and handling
expense.
(4)
Where the grantor agency determines that property with an acquisition cost of
$1,000 or more and financed solely with Federal funds is unique, difficult, or
costly to replace, it may reserve title to such property, subject to the following
provisions:
(a)
The property shall be appropriately identified in the grant
agreement or otherwise made known to the grantee.
(b)
The grantor agency 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 120 days, the grantee shall apply the
standards of 4a(1), 4a(2)(b) and 4a(3)(b).
b,
Federaliv~owned nonexpendable personal DroperW. 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.
The grantees' property management standards for nonexpendable personal property shall also include the
following procedural requirements.
ao
Property records shall be maintained accurately and provide for: a description of the
property; manufacturer's serial number or other identification number; acquisition date
and cost; source of the property; percentage of Federal funds used in the purchase of
property; location, use, and condition of the property; and ultimate disposition data
14
,
including sales price or the method used to determine current fair market value if the
grantee reimburses the grantor agency for its share.
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.
A control system shah 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.
Adequate maintenance procedures shall be implemehted to keep the property in
good condition.
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.
When the total inventory value of any unused expendable personal property exceeds $500 at the
expiration of need for any Federal grant purposes, the grantee may retain the property or sell the
property as long as he compensates the Federal Government for its share in the cost. The amount of
compensation shall be computed in accordance with 4a(2)(b).
Specified standards for control of intangible property are provided as follows:
ao
If any program produces patentable items, patent rights, processes, or inventions, in the
course of work aided by a Federal grant, such fact shall be promptly and fully reported
to the grantor agency. Unless there is prior agreement between the grantee and grantor
on disposition of such items, the grantor agency shall determine whether protection on
such invention or discovery shall be sought and how the rights in the invention or
discovery -- including rights under any patent issued thereon -- shall be allocated and
administered in order to protect the public interest consistent with "Government Patent
Policy" (President' s Memorandum for Heads of Executive Departments and Agencies,
August 23, 1971, and Statement of Government Patent Policy as printed in 36 F.R.
16889).
b,
Where the grant results in a book or copyrightable material, the author or grantee is
free to copyright the work, but the Federal grantor agency reserves a royalty-free,
nonexclusive and irrevocable license to reproduce, publish, or otherwise use, and to
authorize others to use the work for Government purposes.
(G:\cdbg/00-01ValleyCommunityHealthCenterCDBGCNTR)
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