HomeMy WebLinkAboutItem 4.08 CDBG Allied/DHA/VlyCm CITY CLERK FILE # 600-30& 480-10
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: July 3, 2001.
SUBJECT:
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 Carol R: Cirelli, Senior Planner ~4~.f___~
ATTACHMENTS:
Contract with the Allied Housing
Contract with the Dublin Housing Authority
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
2001-2002.
FINANCIAL STATEMENT:
(See discussion below)
DESCRIPTION:
In April of 2001, 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 2001-2002. The total amount of CDBG funds allocated to Dublin for this
program year is $91,890. Of this amount, $69,023 will be allocated to Jurisdiction Improvement Projects.
The City Council approved the following Jurisdiction Improvement Projects for funding under the City' s
FY 2001-2002 CDBG allocation:
· City of Dublin - Sidewalk Ramps $ 9,523
· Allied Housing Inc. - Tri Valley Housing Scholarship $10,000
· Dublin Housing Authority - Arroyo Vista Roof Repair $42,000
· Valley Community Health Center - Senior Support $ 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 2001-2002.
COPIES TO: In-house Distribution
ITEM NO. _~
g:\cdbg\stfrpts\7-3-01 ccsr contract with outside agency
AGREEMENT BY AND BETWEEN
CITY OF DUBLIN
THIS AGREEMENT is made and entered into this o,~e[J,.,,/,.,L,, 20()_/, by and between the
City of Dublin, a body corporate and politic of the State' of Chifornia reinafter referred to as "City"), and
/%~;r~ (hereafter referred to as "Contractor").
WHEREAS, the City has entered into a Grant Agreement with the Alameda County Homing and
Community Development, for the purposes of administering the Community Development Block Grant (CDBG)
under the Housing and Community Act of 1974, for which ~mds shall be used for Community Development
Block Grant Programs and its eligible activities; and
WHEREAS, the activities of the Contractor under this Agreement with 'the City shall be governed by the
conditions of the Grant Agreement between the City and the Alameda County Housing and Community
Development;
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 Board of Supervisors 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~$'br.c(/~d2)O MUTUALLY AGREE AS FOLLOWS:
STATEMENT OF WORK
Contractor will perform or arrange for the performance of the work under this Agreement in the manner
and time provided herein and in accordance with: the budget; the scope of work and any specifications
and drawings; and all related documents and provisions attached hereto as Exhibit A and incorporated
herein by reference.
II. COMMENCEMENT AND COMPLETION REQUIREMENTS
A,
City has allocated the sum of $ ]O~'t~'L~ 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_B_,
attached hereto and by this reference made a part hereof. Sums not so paid shall be retained by
City.
The term of this Agreement begins on the Ist day of July, [ c)-~r~ f , and ends on the 30th day of
June, ~(}it~t~'2., 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.
III.
IV.
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 Agreemere.
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 stared conditions, the City shall be
released from all conditions of this Agreement. '
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.
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
Aw
Any subcontract funding under this Agreement shall be submitted 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 procuremerit 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.
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.
BUDGET
All requested modification to the Budget attached to this Agreement as Exhibit A 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 City of 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
mount does not exceed the budget.
.,,,
2
VI.
VII.
RECORDS AND REPORTS
All original documems 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 conformante 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 fimds
previously awarded under this Agreement.
PROGRAM MONITORING AND EVALUATION
A,
Contractor shall be monitored 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 Scope of
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:
Title of program, listing of components, description of activkies/operations.
Service area (i. e., citywide, etc., including' applicable census tracts).
C,
Goals - the projected goals, indicated numerically, and also the goals achieved
(for each report period). In addition, identify by percentage and description,
the progress achieved towards meeting the specified goals;' additionally,
identify any problems encountered in meeting goals.
d. Beneficiaries - provide the following:
i) total number of direct beneficiaries.
ii) Percent of total number of direct beneficiaries Who are:
- Low and moderate income
- · Low income
- Black, not Hispanic origin
- White, not Hispanic origin
- Hispanic
~- American Indian/Alaskan Native
- Asian or Pacific Islander
- Female Headed Households
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.
D,
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 policy and decision-making and managers.
The Contractor shall follow audit requirements of the Single Audit Act and OMB Circular A-
128.
VIII.
IX.
XI.
XII.
PROGRAM INCOME
Program income shall be recorded as part of the financial transactions of the grant program and
disbursed in accordance with OMB Circular A-110, with prior approval or consent of City.
Program income received by Contractor shall be returned to City for future application to
Contractor projects.
Program income from urban county program activities undertaken by or within Contractor
which thereafter terminates its participation in the urban county shall continue to be program
income of the City. City may transfer the program income to Contractor, upon its termination
of urban county participation, provided that Contractor has become an entitlement grantee and
agrees to use the program income in its own CDBG entitlement program.
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.
REVERSION OF ASSETS
A,
Upon the expiration of this Agreement, Contractor shall transfer to City any CDBG funds on
hand at time of expiration and any accounts receivable attributable to the use of CDBG funds.
Real property in excess of $25,000, obtained in whole or in part with CDBG funds must be used
to meet one of the national objectives for a minimum of five years after the expiration of this
Agreement or disposed of in a manner that results in City being reimbursed at fair market value
less value attributable to non-CDBG expenditures.
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, Part 570, Sub-part K (570.600-570-612) and relates to a) Equal
Employment Opportunity Practices Provisions, 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.
XIII.
C. Contactor agrees to comply with the requirements of the attached Exhibit E (Property Management
Standards).
TERMINATION OF THIS AGREEMENT
City may terminate this Agreement in whole or in part immediately for canse, which shall include as
example but not as a limitation:
A,
Failure, for any reason, of Contractor to fulf~l in a timely and proper manner its obligations
under this Agreement, including compliance with City, State and Federal laws and regulations
and applicable directives;
Failure to meet the performance standards contained in other sections of this Agreement;
Improper use of reporting of funds provided under this Agreement; and
Suspension or termination by HUD of the grant to the County under' which Agreement is made,
or the portion thereof delegated by this Agreement.
Approved as to form:
By:
Elizabeth H. Silver, City Attorney
CONTRACTOR
By:
Name ~f Contractor
Date:
CITY OF DUBLIN
..... ..By:
Attest:
Date:
Mayor
City Clerk
G:\cdbg\cdbgagrment\dme cdbg contract with agency
EXHIBIT A
ALAMEDA COUNTY WORK PROGRAM
BETWEEN
THE CITY OF DUBLIN
:fUL¥ l, ~P'9 t THROUGH :fLU, a: SO,
Project Descrimion
Case management services including outreach, assessment, assistance with vocational train'ing, housing, and
referrals to employment for low-income individuals and families.
The Housing Scholarship Program combines affordable housing; job training, childcare and olher 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
participants 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 (0r
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 10w-income individtmts and families in completing job training, becoming employed, and eventually'
becoming self-sufficient.. Three families in Dublin would be assisted during th~ contract period.
EXHIBIT A (Contd., .)
PROGRAM BUDGET
Line Item
JULY 1, (94~ }
THROUGH JUNE 30, ~ .~
Total
GRAND TOTAL
7
.1.
1
· EXHIBIT B
CONDITIONS FOR PAYMENT BETWEEN
CITY OF DUBLIN AND
CLIENT CONFIDENTIAL INFORMATION:
County shall be allowed to review case work history information. The purpose of the County' 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
All requests for reimbursement will be in a format approved by the County and shall be submitted to the
County 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 County staff for reconciliation.
Monthly invoices should include, by line item, documentation of the expenditure of matching funds on
the Alameda County 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, c~-/f?> Z.
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 Ckcular 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 Govennnents
EXHIBIT C
GENERAL PROVISIONS
1. INSURANCE REQUIREMENTS. CONTRACTOR shall procure and maintain for the duration
of the contract insurance against claim 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, Ms 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 I "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.
Co) 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.
and property damage.
Automobile Liability': $1,000,000 combined single limit per accident. for bodily injury
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 $i ,000,000 per accident.
(c) Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be
declared to and approved by the CITY. At the option of the CITY, either the insurer shall reduce or eliminate
such deductibles or self-insured retentions as respects the CITY, ks 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 offreefs, 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.
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 shah 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, canoeled by either party, reduced in coverage or in limits except .after thirty (30)
days' prior written notice by certified mail, return receipt requested, has been given to the CITY.
(e) Acceptability of Insurers. Insurance is to be placed with insurers with a Bests' rating of no less
than A:VII.
(f) Verification of Coverage. CONTRACTOR shah furnish CITY with certificates of insurance
and with original endorsements effecting coverage required by this clause. The certificates and endorsements for
each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The
certificates and endorsements are to be received and approved by the CITY before work commences. The CITY
reserves the right to require complete, certified copies of all required insurance policies, at any time.
(g) Subcontractors. CONTRACTOR shall include all subcontractors as insureds under its policies
or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors
shall be subject to all of the requirements stated herein.
(h) The Risk Manager of CITY may approve a variation in those lnsurance 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.
10
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 ihe Al~_ameda County Homing and Community
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 oppormuities 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'~ontractor agrees to send to each labor organization or representative of workers with which the
contractor has a c611ective 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.
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 executedT, and'(~ersons
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 assistalice, 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
SECTION 3 EMPLOYMENT PLAN
NAME OF CONTRACTOR:
Services to be Provided:
DContract mount does not exceed Section 3 dollar threshold. Section 3 requirements do not apply.
r "']COntraCt does not include housing rehabilitation, homing construction or other public construction. Section 3
requirements do not apply.
sr"Dt~,~ction 3 requirements do apply. Contractor has been notified of Section 3 requirements and has completed
e anticipated work force analysis below.
Job Classifications
The following work force is anticipated to be necessary to satisfactorily complete this work:
Existin~ Work Force Anticipated New Hires
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
Date
L~/.Z.-C"/,r,;, }
'2
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 proDeity. Real property mefins land, land improvements, structures and appurtenances
thereto, excluding movable machinery and equipment.
b,
Personal property. Personal property means property of any kind except real property. It may
be tangible -- having physical existence, or intangible -- having no physical existence, such as
patents, inventions, and copyrights.
Nonexpendable Oersonal property. Nonexpendable personal property means tangible personal
property having a useful life of more than one year and an acquisition cost of $300 or more per
unit. A grantee may use its own definition of nonexpendable personal property provided that
such definition would at least include all tangible personal property as 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:
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.
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.
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:
Nonexoendable t~ersonal prol~ertv acemired 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:
(2)
(3)
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 Federi~ grantor agency needing the property.
(b) Grants of other Federal agencies needing the property.
When the grantee no longer has need for the property in any of its Federal grant
program, the property may be used for its own official activities in accordance with
the following standards:
(a)
Co)
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.
All other nonexl~endabl~ propei'tv. 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)
(b)
Nonexpendable l~ropertV 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.
Nonexpendable property with an acquisition cost of over $i,000. The grantee
shall request disposition instructions from the grantor agency. The Federal
agency shall determine whether the property can be used to meet the agency' s
requirement. If no requirement exists within that agency, the availability of
the property shall be reported to the General Services Administration (GSA) by
the Federal agency to determine whether a requirement for the property exists
in other Federal agencies. The Federal grantor agency shall issue instructions
to the grantee within 120 days and the following procedures shall govern:
(i)
If the grantee is instructed to 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 i20 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.
Where the grantor agency determines that property with an acquisition cost of $!,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 falls to issue disposition instructions
within 120 days, the grantee shall apply the standards of 4a(1), 4a(2)(b) and
4a(3)(b).
FederaliV-owned nonexpendable personal property. Unless .statutory authority to transfer title
has been granted to an agency, title to Federally-owned property (property to which the Federal
Government retains title including excess property made available by the Federal grantor
agencies to grantees) remains vested by law in the Federal Government. Upon termination of
the grant or need for the property, such. property shall be reported to the grantor agency for
further agency utilization or, if appropriate, for reporting to the General Services Administration
for other Federal agency utilization. Appropriate disposition instructions will be issued to the
grantee after completion of Federal agency review.
The grantees' .property management standards for nonexpendable personal property shall also include the
following procedural requirements.
a,
Property records shall be maintained accurately and provide for: a description of the property;
manufacturer's serial number or other identification number; acquisition date and cost; source of
the property; percentage of Federal funds used in the purchase of property; location, use, and
condition of the property; and ultimate disposition data including sales price or the method used
to determine current fair market value if the grantee reimburses the grantor agency for its share.
b,
A physical inventory of property shall be taken and the results reconciled with the property
records ar 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.
d. 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 unuied expendable personal. property exceeds $500 at the
expiration' of need for any Federal grant purposes, the grantee may retain the property or sell the
property as long as he compensates the Federal Government for its share in the cost. The amount of
compensation shall be computed in accordance with 4a(2)(b).
7. Specified standards for control of intangible property are provided as follows:
a,
If any program produces patentable item, 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).
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:\Mbg\cdbgagrment\dme cdbg contract with agency
Hotis
AGREEMENT BY AND BETWEEN
CITY OF DUBLIN
AND
DUBLIN HOUSING AUTHORITY
THIS AGREEMENT is made and entered into this ?' 0 t~ay of june ,200,lby and between me
City of Dublin, a body corporate and politic of the State of California, (hereinafter referred to as "City"), and DUBLIN
AU t h, (hereafter referred to as "Contractor").
WHEREAS, the City' has entered into a Grant Agreement with the Alameda County Housing and
Community Development, for the purposes of administering the Community Development Block Grant (CDBG)
under the Housing and Community Act of 1974, for which funds shall be used for Community Development
Block Grant Programs and its eligible activities; and
WHEREAS,, the activities of the Contractor under this Agreement with the City shall be governed by the
conditions of the Grant Agreement between the City and the Alameda County Housing and Community
Development;
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 Board of Supervisors to be necessary or appropriate for the welfare of residents of City; and
WHEREAS, City desires that suc. h duties and services be provided by Contractor, and Contractor agrees
to perform such duties and render such services, as more particularly set forth below: ..
MADE,
I.
NOW THEREFORE, FOR AND IN CONSIDERATION OF
CITY AND ~.Do MUTUALLY AGREE AS FOLLOWS:
contract'or '
STATEMENT OF WORK
THE PROMISES HEREINAFTER
Contractor will perform or arrange for the performance of the work under this Agreement in the manner
and time provided herein and in accordance with: the budget; the scope of work and any specifications
and drawings; and all related documents and provisions attached hereto aS Exhibit A and incorporated
herein by reference.
II. COMMENCEMENT AND COMPLETION REQUIREMENTS
City has allocated the sum of $ 4 2 ,'0 0 0 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 nmde pursuant to the terms and conditions set forth in Exhibit B,
attached hereto and by this reference made a part hereof. Sums not so paid shall be retained by
City.
The term of this Agreement begins on the 1st day of July, 20 0 1 , and ends on the 30th day of '
June, 2 0 0 2 , 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 extefid 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.
IV.
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.
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.
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
.A.
Any subcontract funding under this Agreement shall be submitted 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-t10 and A-i22 (incorporated herein by reference) for the procuremerit 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.
INSURANCE
COntractor shall maintain, at all times during the term of this qontract,. 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.
BUDGET
All requested modification to the Budget attached to this Agreement as Exabibit A and incorporated as
part of this Agreement, shah be reviewed and approved by City. All budget modifications require the
prior written approval of City. Budget modifications shall not alter: I) 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 City of 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
mount does not exceed the budget. ..~
VI.
VII.
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.
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 {o comply with this
provision could result in termination of this Agreement or Contractor's repayment of funds
previously awarded under this Agreement.
PROGRAM MONITORING AND EVALUATION
Contractor shall be monitored 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 Scope of
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:
Title of program, listing of components, description of activities/operations.
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.
Beneficiaries - provide the following:
i)
total number of direct beneficiaries.
Percent of total number of direct beneficiaries who are:
Low and moderate income
Low income
Black, not Hispanic origin
Whim, 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 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 policy and decision-making and managers..
The Contractor shall follow audit requirements of the Single Audit Act and OMB CircUlar A-
128.
VIII.
IX.
PROGRAM INCOME
Program income shall be recorded as part of the financial transactions of the grant program and
disbursed in accordance with OMB Circular A-110, with prior approval or consent of City.
Program income received by Contractor shah be returned to City for future application to
Contractor projects.
C,
Program income from urban county program activities undertaken by 0r' within Contractor
which thereafter terminates ks participation in the urban county shall continue to be program
income of the City. City may transfer the program income to COntractor, upon its termination
of urban county participation, provided that Contractor has become an emitlement grantee and
agrees to use the program income in its own CDBG entitlement program.
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 religi6us worship, instruction, or proselytization'as part of, or in connection with the
performance of this Agreement.
REVERSION OF ASSETS
Upon the expiration of this Agreement, ContraCtor shall transfer to City any CDBG funds on
hand at time of expiration and any accounts receivable attributable to the use of CDBG funds.
Real property in excess of $25,000, obtained in whole or in part with CDBG funds must be used
to meet one of the national objectives for a minimum of five years after the 'expiration of this
Agreement or disposed of in a manner that results in City being reimbursed at fair market value
less value attributable to non-CDBG expenditures.
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) Equal
Employment Opportunity Practices Provisions, 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.
XIII,
Contactor agrees to comply with the requirements of the attached Bxhibit E (Property Management
Standards).
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 iks obligations
under this Agreement, including .compliance with City, State and Federal laws and regulations
and applicable directives;.
Failure to meet the performance standards contained in other sections of this Agreement;
Improper use of reporting of funds provided under this Agreement; and
Suspension or termination by HUD of ~e grant to the County under which Agreement is made,
or the portion thereof delegated by this Agreement.
Approved as to form:
By:
Elizabeth H. Silver, City Attorney
CONTRACTOR
· actor
Ophelia B. gasgal '
NameofComractor
Taxp~ ID: 94-3021340
Date: June 20, 2001
CITY OF DUBLIN
By:
Attestr ..
Date:
Mayor
City Clerk
G:\cdbg\cdbgagrment\dme cdbg contract with agency
EXHIBIT A
ALAMEDA COUNTY WORK PROGRAM
BETWEEN
THE CITY OF DUBLIN
AND .
DUBLIN HOUSING AUTHORITY
JULY 1, ,2001 THROUGH JUNE 30, 2002
Project Description
Repair of damaged and leaking roofs, repair of dry rot and remoyal of dead pr leaning
trees which.pose a safety hazard.
Work Program
2.
3.
4.
5.
Select consultant
Prepare specifications'and bid documents
Select contractors
Project start
Project completion
Date
Within 2 months of ~unding (est. 10/01/01)
1/01/02
3/01/02
4/01/02
6/30/02
EXHIBIT A (Contd..)
PROGRAM BUDGET
JULY 1, 200i THROUGH JUNE 30, 2002
Line Item
Total
1. Design / Engineering
2. Construction Contra~ts
$ 2,000.
$40,000.
GRAND TOTAL ·
$42,000.
7
EXHIBIT B
CONDITIONS FOR PAYMENT BETWEEN
CITY OF DUBLIN AND ' '
~BLIN HOUSING AUTHORITY
CLIENT CONFIDENTIAL INFORMATION:
County 'shall be allowed to review case work history information. The purpose of the County '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
All requests for reimbursement will be in a format approved by the County and shall be submitted to the
COunty 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 County staff for reconciliation.
Monthly invoices should include, by line item, documentation of the expenditure of matching funds on
the Alameda County 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) request~ 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, 2002
COMPLIANCE WITH FEDERAL REGULATIONS
Contractor' s administrative procedures must be in compliance with' the following regulations:
A. OMB Circular A-122, Cost Principles fo~ 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 Section570.502 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 A,udit Requirements), Common Rule
of Uniform Administrative Requirements for Grants and Cooperative Agreements with State and
Local Governments
EXFrmIT C
GENERAL PROVISIONS
1. INSURANCE REOUIREMENTS. CONTRACTORshall 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 (Bd. 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 liraks no less than:
1. General Liability: $1,000,000 combine4 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 lhnit per accident. for bodily injury
and property damage.
3. Workers' Compensation and Employers Liability: Workers' Compensation limits as
.required by the Labdr Code of the State of California and Empl0~,ers Liability limits of $1,000~000 per accident.
(c) peductibles 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 shah 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 k.
c. Any failure to comply with reporting provisions of the p61icies shall not affect
coverage provided to the CITY, its offreefs, 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 mount deemed by the
CITY to adequately protect the CONTRACTOR against liability caused by negligent acts, errors or or/fissiOns 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, caneeled by either p~trty, reduced in coverage or in limits except .after thirty (30)
days' prior written notice by certified mail, return receipt requested, has been given to the CITY.
(e) Acceptability of Insurers. Insurance is to be placed with insurers with a Bests' rating of no less
than A:VII.
(f) Verification of Coverage. CONTRACTOR shall furrAsh CITY with certificates of insurance
and with original endorsements effeeting'coverage required by this clause. The certificates and endorsements for
eac]~ insurance policy are te be signed by a person authorized by that insurer to bind coverage on its behalf. The
certificates and endorsements are to be received and approved by the CITY before work commences. The CITY
reserves the right to require complete, certified copies of all required insurance policies, at any time.
(g) Subcontractors. CONTRACTOR shall include all subcontractors as insureds under its policies
or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors
shall be subject to all of the requirements stated herein.
(h) The Risk Manager of CITY may approve a variation in those insurance requirements upon a
determination that the 6overages,- scope, limits and forms of such insurance are either not commercially available
or that the CITY' s interests are otherwise fully protected.
10
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 AJ.ameda County ttonsing and Community
Development Program provide business and em loyment ommities for businesses in the Alameda County
project areas funded by C0IIIINITY DEVELBPM ENT °BP~aCK 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 opporturdties generated by HUD assistance or HUD-
assisted projects covered by Secti/m 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.
Tt~e 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'~ontractor agrees to send to each labor organization or representative of workers with which the
contractor has a collective bargaining agreement or other understanding, ff any, a notice advising the
l~ibor 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 prefe~'ence, availability of apprenticeship and training positions, the qualifications for each; and
the name and lo~ation 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 approlSriate actions, as provided in an applicable
provision of the subcontract or in this section 3 clause, upon- a fniding 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
~led (1) after the contractor is selected but not before the contract is executed, and (1)'wkh'persohs
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 assistmice, section
7Co) 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 6)
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 7Co).
SECTION 3 EMPLOYMENT PLAN
NAME OF CONTRACTOR: DUBLIN HOUSING AUTHORITY
Services to be Provided: Re'roofing
Contract Amount: $42,000
. ~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.
s~Section 3 requirements do apply. Contractor has been notified of Section 3 requirements and has completed
e anticipated work for~ee analysis below.
The following work force is anticipated to be necessary to satisfactorily complete this work:
Job Classifications Existin~ Worl~ Force Anticipated N~w Hires
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
Ophelia B. BasgaI,
Name and Title
June 20, 2001
Date
ExecutiVe Director
,
EXHIBIT E
PROPERTY MANAGEMENT STANDARDS
This attachment prescribes uniform standards governing ttie 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 impos~ 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:
a. Real l~ropertv. Real property means land,' land improvements, structures and appurtenances
thereto, excluding movable machinery and equipment.
b. Personal property. Personal property means property of any kind except real property. It may
be tangible '-- having physical existence, or intangible - having no physical existence, such as
patents, inventions, and copyrights.
C,
Nonexpendable 13ersonal VroVertV. 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.
ExDendable personal. property. ' Expendable personal property refers to all tangible personal
property other than nonexpendable property.
Excess t~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 reaI
property funded partly or wholly by the Federal Government. Unless otherwise provided by statute.,
such requirements, as a minimum, shall contain the following:
a. The grantee shall use the real~ property for the authorized purpose of the original grant as long as
needed.
b. The grantee shall obtain approval by the' grantor agency for the use of the real property .in other
projects when the grantee determines that the property is no longer ·needed for the original grant
purposes. Use in other projects shall be limited to those under other Federal grant programs, or
programs that have purposes consistent with those authorized for support by the grantor.
c. When the real property is no longer 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 mount 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.
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 property 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 shalt be vested in the grantee
subject to the following restrictions on use and disposition of the property:
(i)
(2)
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 granto~ agency needing the property.
(b) Grants of Other Federal agencies needing the property.
When the grantee no longer. has need for the property in any of its Federal grant
programs, the property may be used for ks 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.
All other nonexpendable properW. 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:
Nonexpendable property with an accluisition 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
compute ,d in accordance with (iii) below.
Nonexpendable ProperW with an acquisition cost of over $1,000. The grantee
shall request disposition instruCtiOns from the grantor agency. The Federal
agency slnll determine whether the property can be used to meet the agency' s
requirement. If no requirement exists within that agency, the availability of
the property shall be reported to the General Services Administration (GSA)'by
the Federal agency to determine whether a requirement for the property exists
in other Federal agencies. The Federal grantor agency shall issue instructions
to the grantee within t20 days and the following procedures shall governi
(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 i20 days after
reporting, the gramee 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 handiing expense.
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.
Co)
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).
FederaliV-owned nonexpendable Dersonal nroPert'V. 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 including sales price or the method used
to determine current 'fair market value if the grantee reimburses the grantor agency for its share.
d,
A physical inventory of property shall be taken and the results reconciled with the property
records ar 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 toss, damage, or theft of nonexpendable property shall be
investigated and fully documented.
Adequate maintenance procedures shall be implemented to keep th~ 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.
, ·
¸7.
When the total inventory value of any mused 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:
a. If any program produces patentable items, patent rights, processes, or inventions, in the course
of work aided by a Federal grant, such fact' shall be promptly and fully reported.to the grantor
agency. Unless there is prior agreement between the grantee and grantor on disposition of such
items, the grantor agency shall determine whether protection on such invention or discovery
shall be sought and how the rights in the invention or discovery -- including rights under any
patent issued thereon -- shall be 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 granto~ 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\cdbgagrment\dme cdbg contract with agency
AGREEMENT BY AND BETWEEN
CITY OF DUBLIN
AND
THIS AGREEMENT is made ~a entered ~to mis ~O~day of' , 200 , by ~a between ~e
Ci~ of Dubl~, a body co~orate ~d politic of ~e State of C~ifo~a, (here~aRer referred to ~ "Ci~"), ~d
, (hereafter referred to as '"Contractor").
~E~AS, ~e Ci~ has entered ~to a Gr=t A~eement wi~ ~e ~e~ Co~ Hous~g ~d
Co~i~ Development, for ~e p~oses of a~ster~g ~e Comm~ Development Block Grit (CDBG)
~der ~e Homhg ~d Co~m~ Act of 1974, for w~ch ~ds shall be used for Co~m~ Development
Block Grit Progr~s ~d ks eligible activities; ~d
WHEREAS, the activities of the Contractor under this Agreement with the City shall be governed by the
conditions of the Grant Agreement between the City and the Alameda County Housing and Community
Development;
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 Board.of Supervisors 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 ~~ DO MUTUALLY AGREE AS FOLLOWS: '
STATEMENT OF WORK
Contractor will perform or arrange for the performance of the work under this Agreement in the manner
and time provided herein and in accordance with: the budget; the scope of work and any specifications
and drawings; and all related documents and provisions attached hereto as Exhibit A and incorporated
herein by reference.
II.
COMMENCEMENT AND COMPLETION REQUIREMENTS
Ae
City has allocated the sum of $ 7.~:'C2)C), C) O to be expended as described in this contract.
Unless an amendment to this contract otherwise provides, that amount shall in no event be
-exceeded by Contractor, and City shall under no circumstances be required to pay in excess of
that amount. Payment shall be made pursuant to the terms and conditions set forth in Exhibit B,
attached hereto and by this reference made a part hereof. Sums not so paid shall be retained by
City.
The term of this Agreement begins on the 1st day of July, ,000 / , and ends on the 30th day of
June, oTC;~i?. , 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.
.
III.
IV.
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 Agreemere.
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.
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.
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 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.
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.
BUDGET
All requested modification to the Budget attached to this Agreement as Exhibit A 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 City of 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.
2
VI.
VII,
RECORDS ~ND REPORTS
A,
All original documents prepared by Contractor in connection with the work to be performed
under this Agreement shall be the property of the City.
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~l l0.
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.
PROGRAM MONITORING AND EVALUATION
Contractor shall be monitored 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 Scope of
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 imme~diately
following the report quarter, except for the end of the program year report which is due
within thirty days.
.D.
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 policy and decision-making and managers.
The Contractor shall follow audit requirements of the Single Audit Act and OMB Circular A-
128.
VIII.
IX.
XI.
XII.
PROGRAM INCOME
Ao
Program income shall be recorded as part of the financial transactions of the grant program and
disbursed in accordance with OMB Circular A-110, with prior approval or consent of City.
Program income received by contractor shall be returned to City for future application to
Contractor projects.
C,
Program income from urban county program activities undertaken by or within Contractor
which thereafter terminates its participation in the urban county shah continue to be program
income of the City. City may transfer the program income to COntractor, upon its termination
of urban county participation, provided that Contractor has become an entitlement grantee and
agrees to use the program income in its own CDBG entitlement program.
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.
REVERSION OF ASSETS
A,
Upon the expiration of this Agreement, Contractor shall transfer to City any CDBG funds on
hand at time of expiration and any accounts receivable attributable to the use of CDBG funds.
OTHER
Real property in excess of $25,000, obtained in whole or in part with CDBG funds must be used
to meet one of the national objectives for a minimum of five years after the expiration of this
Agreement or disposed Of in a manner that results in City being reimbursed at fair market value
less value attributable to non-CDBG expenditures.
PROGRAM REQUIREMENTS
B,
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) Equal
Employment Opportunity Practices Provisions, 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. ·
Contractor agrees to comply with the requirements of the Section 3 Plan, attached hereto as Exhibit
D.
XIII.
C. Contactor agrees to comply with the requirements of the attached Exhibit E (Property Management
Standards).
TERMINATION OF THIS AGREEMENT
City may terminat'e 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 fulf~l in a timely and proper manner its obligations
under this Agreement, including compliance with City, State and Federal laws and regulations
and applicable directives;
Failure to meet the performance standards contained in other sections of this Agreement;
Improper use of reporting of funds provided under this Agreement; and
Suspension or termination by HUD of the grant to the County under which Agreement is made,
or the portion thereof delegated by this Agreement.
Approved as to form:
By:
Elizabeth H. Silver,' City Attorney
CONTRACTOR
Name of Comract0r
Date:
CITY OF DUBLIN
By:
Attest:
Date:
Mayor
City Clerk
G:\cdbg\cdbgagrment\dme cdbg contract with agency
EXHIBIT A
ALAMEDA COUNTY WORK PROGRAM
BETWEEN
THE CITY OF DUBLIN
JULY 1, ~6~ / THROUGH JUNE
Proie61 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 Pro~rarn
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 devices, 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-Ca!, food stamps
and SSI and in handling Medi-Care and health insurance billing. The situation is
then monitored on an ongoing basis at intervals which are appropriate to the
individual needs of the senior, and care plans are modified as necessary.
Senior Support will serve 15 elders with case management services.
EXHIBIT A (Contd..,)
PROGRAM BUDGET
suL¥ i, ~200 / THROUG~ SUrgE 30, 4EO,Z
Line Item
~45 Efl~4~ E ~ er
Total
~ 75'oo
GRAND TOTAL
EXHIBIT B
CONDITIONS FOR PAYMENT BETWEEN · CITY OF DUBLIN AND
CLIENT CONFII)E~AL INFORMATION:
County shall be allowed to review case work history information. The purpose of the County' s review is
to see randomly selected client information to determine the adequacy of record keeping and quali& of
services performed.
BILINGUAL ASSISTANCE
Contractor will provide bilingual professional staff as needed to serve its clients.
METHOD OF PAYMENT
All requests for reimbursement will be in a format approved by the County and shall be submitted to the
County 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 County staff for reconciliation.
Monthly invoices should include, by line item, documentation of the expenditure of matching funds on
the Alameda County 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, ~ Od5o~ .
COMPLIANCE WITH FEDERAL REGULATIONS
Contractor' s administrative procedures must be in compliance with the following regulations:
OMB Circular A-122, Cost Principles fo~ 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 R~le 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
8
E~-IIBIT C
GENERAL PROVISIONS
I. INSURANCE REQUIREMENTS. CONTRACTOR shall procure and maintain for the duration
of the contract insurance ag3ingt 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, Ms agents, representatives,
employees or subcontractors. The cost of such insurance shall be included in the CONTRACTOR' S bid.
(a) Minimum ScoI~e 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.
and property damage.
Automobile Liability: $1,000,000 combined single limit per accident. for bodily injury
3. Workers' Compensation and Employers Liability: Workers' Compensation limits as
required by the LabOr Code of the State of California and Employers Liability limits of $1,000,000 per accident.
(c) Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be
declared to and approved by the CITY. At the option of the CITY, either the insurer shall reduce or eliminate
such deductibles or self-insured retentions as respects the CITY, its officers, officials and employees; or the
'CONTRACTOR shall procure a bond guaranteeing payment of losses and related investigations, claim
administration and defense expenses.
(d) Other Insurance Provisions. The policies are to contain, or be endorsed to 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.
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 mall, return receipt requested, has been given to the CITY.
(e) AcceDtabilitV of Insurers. Insurance is to be placed with insurers with a Bests' rating of no less
than A:VII.
(f) 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.
(g) SubconUzactors: CONTRACTOR shall include all subcontractors as insureds under its policies
or shall furnish Separate certificates and endorsements for each .subcontractor. All coverages for subcontractors
shall be subject to all of the requirements stated herein.
(h) The Risk Manager of CITY may approve a variation in those insurance requirements upon a
determination that the coverages,. scope, limits and forms of such insurance are either not commercially available
or that the CITY's interests are otherwise fully protected.
10
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 A! ,.ameda County Housing and Community
Development Program provide business and employment opporumiti6s for businesses in the Alameda County
project areas funded by Ctl~l~t4bt lrv/)th/~-Ol°~')d l'' [~co r..4:: 6/t.4b.rr5
In all contracts for work in connection with a Community Development project, the following clause (referred
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 opporumities 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'~ontractor agrees to send to each labor organization or representative of workers with which the
contractor has a collective barging 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 lo~ation 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 I35, 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.
The contractor wilt certify that any vacant employment positions, including training positions, that are
filled (i) after the contractor is selected but not before the contracr-is-exeem-exlT, and-(2)'wittrpersons
other than those to whom the regulations of 24 CFR part 135 require employment opporttmities be
directed, were not filled to circumvent the contractor' s obligations under 24 CFR part 135.
o
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 cormection with section 3 covered Indian housing assistafice, 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).
NAME OF CONTRACTOR:
Services to be Provided:
SECTION 3 EMPLOYMENT PLAN
V /le /19 /Tb
Contract Amount:
V'~Contract amount does not exceed Section 3 dollar threshold. Section 3 requirements do not apply.
V ""]Contract does not include housing rehabilitation, housing construction or other public construction. Section 3
requirements do not apply.
V "'~:ection 3 requirements do apply. Contractor has been notified of Section 3 requirements and has completed
he anticipated work force analysis below.
The following work force is anticipated to be necessary to satisfactorily complete this work:
Job Classifications Existing Work Force Anticil3ated New Hires
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
Name and Title
Date '
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 taw. The granfees 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:
C,
Real proOertv. 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.
Nonexpendable l>ersonal 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 personal property. Expendable personal property refers to all tangible personal
property other than nonexpendable property.
Excess prol~erty. 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.
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 mount 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.
Standards and procedures governing ownership, use, and disposition of nonexpendable personal pr, operty
furnished by the Federal Government or acquired with Federal funds are set forth below:
a,
Nonexvendable versonal property 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)
(2)
(3)
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.
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.
Co)
All other nonexvendable 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.
If the grantee has no need for the property, disposition of the property shall be made as
follows:
(a)
Nonexpendable property with an accmisition 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 acquisition cost of over $1 ;000. The grantee
shall request disposition instructions from the grantor agency. The Federal
agency shall determine whether the property can be used to meet the agency 's
requirement. If no requirement exists within that agency, the availability of
the property shall be reported to the General Services Administration (GSA) by
the Federal agency to determine whether a requirement for the property exists
in other Federal agencies. The Federal grantor agency shall issue instructions
to the grantee within 120 days and the following procedures shall govern:
(i)
If the grantee is instructed to 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.
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.
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 appropriatily identified in the grant agreement or
otherwise made known to the grantee.
Co)
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 properW. Unless statutory authority to transfer title
has been granted to an agency, title to Federally-owned property (property to which the Federal
Coverinherit 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 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 ar 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 unheeded 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).
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 bthers to use the
work for Government purposes.
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