HomeMy WebLinkAboutReso 79-1987 RESOLUTION 79-87
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION AUTHORIZING APPROVAL AND EXECUTION
OF AN AGREEMENT FOR CONSULTANT SERVICES FOR THE
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
BE IT RESOLVED by the City Council of the City of South San Francisco
that the Agreement by and between Daniel Roos and the City of South San
Francisco entitled "Consultant Services Agreement, Community Development
Block Grant Program" for the period July 1, 1987 through June 30, 1988
is hereby approved, and the City Manager is authorized to execute the
Agreement.
I hereby certify that the foregoing Resolution was regularly introduced and
adopted by the City Council of the City of South San Francisco at a regular
meeting held on the 24th day of June , 19 87 by the following vote:
AYES: Councilmembers John "Jack" Drago, Richard A. Haffey, Gus Nicolopulos,
Roberta Cerri Teglia, and Mark N. Addiego
NOES: None
ABSTAIN: None
ABSENT: None
~ATTEST :~i ty C 1 e r~ ~~'-
RESOLUTION NO. 79-87
CONSULTANT SERVICES AGREEMENT
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
THIS AGREEMENT is made at South San Francisco, California, as of
June 25, , 1987 by and between the CITY OF SOUTH SAN
FRANCISCO, a municipal corporation (hereinafter referred to as "CITY")
and DANIEL ROOS (hereinafter referred to as "CONSULTANT"), who agree as
follows:
1. Services. Subject to the terms and conditions set forth in
this Agreement, Consultant shall provide to City the services described
in Exhibit "A", attached hereto and by this reference incorporated
herein as though set forth verbatim.
2. Compensation. City shall pay Consultant for services
rendered pursuant to this Agreement on a semi-monthly basis in the
amounts set forth in Exhibit 'B" attached hereto and by this reference
incorporated herein as though set forth verbatim. The payments
specified in Exhibit "B" shall be the only payments to be made to
Consultant for services rendered pursuant to this Agreement. City will
furnish clerical support, desk and file space.
3. Facilities and Equipment. Consultant shall, at its sole cost
and expense, furnish all other equipment which may be required for
furnishing its services pursuant to this Agreement.
4. Term. This Agreement shall be effective July 1, 1987, and
shall continue in effect until June 30, 1988, unless sooner terminated
as provided in Paragraph 11 herein.
5. Ownership of Documents. City shall have full and complete
access to Consultant's working papers, and other documents during
progress of the work. All documents of any description prepared by
Consultant shall become the property of the City at the completion of
the project. The Consultant may retain a copy of all material produced
pursuant to this Agreement for its use in its general business
activities. The City, the Department of Housing and Urban Development,
the Comptroller General of the Unite& States, or any of their duly
authorized representatives, shall have access to any books, documents,
papers, and records of the Consultant which are directly pertinent to
this contract, for the purpose of making audit, examination, excerpts,
and transcriptions. Consultant shall maintain all required records for
three years after City makes final payments and all other pending
matters are closed.
6. Insurance. The Consultant shall take out and maintain during
the life of this Agreement the following policies of insurance:
(a) Worker's Compensation and employers' liability insurance
in the statutory coverage. In signing this Agreement, the Consultant
makes the following certification, required by Section 1861 of the
California Labor Code:
"I am aware of the provisions of Section 3700 of the
California Labor Code which require every employer to be
insured against liability for Workers' Compensation or
to undertake self-insurance in accordance with the
provisions of the Code, and I will comply with such
provisions before commencing the performance of the work
of this Agreement."
(b) General Liability Insurance: In an amount not less than
ONE MILLION DOLLARS ($1,000,000), for injuries including, but not
limited to death to any one person and subject to the same limit for
each person in an amount not less than ONE MILLION DOLLARS ($1,000,000)
on account of any one occurrence.
(c) Property Damage Insurance: In an amount not less than
ONE MILLION DOLLARS ($1,000,000) for damage to the property of each
person on account of any one occurrence.
(d) Fidelity Bond: Consultant shall take out and maintain
during the life of this Agreement a Fidelity Bond in the amount of at
least ONE HUNDRED THOUSAND DOLLARS ($100,000), insuring City, its
elective and appointive boards, commissions, officers, agents and
employees, and Consultant against damages sustained by reason of any
action or actions at law or in equity, and/or any claims or demands by
reason of any breach or alleged breach of any contract, or provisions
thereof, or by reason of any contractual liability, or alleged
contractual liability arising out of any contract entered into by
Consultant and/or any of its agents or employees in order to perform
the work defined herein.
(e) It is agreed that the insurance required by Subsection
b, c and d shall extend to include as additional inaureds the City of
South San Francisco, its elective and appointive boards, officers,
agents and employees, with respect to operations performed by the
Consultant as described herein. Evidence of the insurance described
above shall be provided to CITY upon execution of this agreement and
shall be subject to approval by the City Attorney as to form, amount
and carrier. The policy of insurance shall also contain a provision
indicating that such insurance shall not be reduced or cancelled except
upon thirty (30) days written notice to CITY.
7. Hold Harmless, Defense and Indemnification. Consultant shall
hold harmless, indemnify and, at City's request, defend City, its
employees, agents, officers, boards and commissions, whether elected or
appointed, from and against all cla{ms, demands, actions, causes of
action, losses, damages, liabilities, costs and expenses, including but
not limited to attorney's fees or obligations, for or in connection
with personal injury, including but not limited to, death, or damage to
property, both real and personal, which arises out of or is in any way
connected with the negligent act, error or omission of Consultant, its
agents, subcontractors of employees in connection with the performance
of this Agreement.
8. Use of Subcontractors. The Consultant shall not subcontract
any services to be provided hereunder, except for service firms engaged
in reproduction, typing and printing. Consultant shall be solely
responsible for reimbursing any sub-contractors and the City shall have
no obligation to them.
9. Assignment. Consultant shall not assign any of its rights
nor transfer any of its obligations under this Agreement without the
prior written consent of the City, which consent may be withheld at the
sole discretion of the City.~
10. Termination of Contract for Cause. If, through any cause,
either party to this Agreement shall fail to fulfill in a timely and
proper manner obligations under this Agreement or violate any of the
covenants, conditions, or stipulations of this Agreement, the other
party shall thereupon have the right to terminate this Agreement by
giving written notice of such termination to the party in violation and
specifying the effective date thereof at least five (5) days before
finished or unfinished documents, date, surveys, drawings, maps and
reports prepared by the Consultant shall become the property of the
City, and the Consultant shall be entitled to receive just and
equitable compensation for any work completed prior to notice of
termination on such documents and other materials, including costs of
preparing such documents and files for delivery and delivery to the
City on the basis of the Consultant's fee schedule.
11. Termination for Convenience of the City. The City may for
its own convenience terminate this Agreement at any time by giving
written notice to Consultant of such termination and specifying the
effective date thereof, at least thirty (30) days before .the effective
date of such termination.
12. Termination for Convenience of the Consultant. The
Consultant may for its own convenience terminate this Agreement at any
time by giving written notice to City of such termination and
specifying the effective date thereof, at least thirty (30) days before
the effective date of such termination.
13. Consultant's Oualifications. By executing this Agreement,
Consultant holds itself out as a qualified Community Development
Consultant, possessing the experience and specialized skills necessary
to perform the tasks mentioned in Paragraph i herein and agrees it will
render to the best of its ability the services described in that
paragraph during the full term of this Agreement.
14. Consultant's Status. The services shall be provided City as
set forth herein by Consultant as an independent consultant as defined
in Labor Code Section 3353, under the general control of the Deputy
City Manager/CD&A of the City of South San Francisco, concerning the
results of the work, but not the means by which such result is
accomplished. Nothing herein contained shall be construed to make the
Consultant an agent or employee of City while providing said services
and Consultant shall be entitled to no other benefits or compensation
as provided herein.
1§. Interest of Consultant. The Consultant covenants that he
presently has no interest and shall not acquire any interest, direct or
indirect, that would conflict in any manner or degree with the
performance of services required to be performed under this Agreement.
The Consultant further covenants that, in the performance of this
contract, no persons having any such interest shall be employed.
16. Equal Opportunity.~ Consultant shall comply with the
requirements of Federal Executive Order 11246, entitled 'Equal
Employment Opportunity," as amended by Executive Order 11375, and as
supplemented in Vepartment of Labor regulations (41 CFR Part 60).
Consultant shall also comply with the requirements of Section 3 of the
Housing and Urban Development Act of 1968.
17. Notices. All notices herein required shall be in writing,
and shall be delivered in person or sent by certified mail, postage
prepaid.
follows:
Notices required to be given to City shall be addressed as
City Clerk
P.O. Box 711
South San Francisco, CA 94083
Notices required to be given to Consultant shall be addressed
as follows:
Daniel Roos
Community Development Consultant
4177 Wilshire Blvd.
Oakland, CA 94602
IN WITNESS WHEREOF, duly authorized representatives of the City
and the Consultant have signed in confformation of this Agreement as of
the day and year first above written.
CITY OF SOUTH SAN FRANCISCO
400 Grand Avenue
South San Francisco, CA 94080
City Manager
ATTEST:
by:
Consultant
APPROVED AS TO FORM
~ C~ty A~ftorney
EXHIBIT "A"
SCOPE OF SERVICES
Under Administrative Direction of Director of Recreation and Community
Services:
Establish management procedures, as necessary, to be followed in
the administration of the program, in order to ensure compliance
with all applicable HUD regulations and guidelines, and in order
to ensure that projects~are carried out in a timely manner.
Develop and maintain record-keeping systems:
Maintain library of applicable Federal regulations, HUD
policies and procedures, and other appropriate reference
materials·
Establish and maintain filing system for each CDBO-funded
project.
Ensure that financial record-keeping system as it relates to
CDBO program meets Federal standards.
Provide forms for recording program beneficiary information
corresponding to information required by HUD in ~rantee
Performance Report.
Administer approved CDBG activities in conformance with all
applicable Federal and local regulations and guidelines.
Conduct environmental reviews for all CDBD projects. Prepare
and publish notices of findings, and secure release of funds
from HUD.
Prepare contract documents (exclusive of architectural and
engineering specifications) for projects as appropriate.
Recruit personnel (or administering agencies) to carry out
activities as appropriate.
Develop and implement marketing strategies (including
development of brochures), as appropriate, for programs.
Monitor projects on a continuous basis for progress and
compliance with applicable regulations. This will include
on-site monitoring visits to any subgrantees (Operation
Sentinel, Human Investment Project, Neighborhood Services
Center, Center for the Independence of the Disabled, and
Friends to Parents).
Ensure compliance with Federal equal opportunity
requirements, including implementation of the City's Minority
and Women's Business Utilization Plan. Prepare semi-annual
report to HUD on utilization of minority contractors and
subcontractors·
Carry out labor standards compliance functions (including
payroll reviews, employee interviews, and resolution of any
compliance programs) for applicable projects (including the
Magnolia Senior Center Project). Prepare semi-annual labor
standards enforcement report to HUD.
Review monthly financial reports prepared by City Finance
Department and rec6ncile with CDBG expenditures
documentation. Prepare requests for drawdown of funds.from
Federal Treasury. Analyze expenditures on a continuing basis
to ensure conformity with CDBG budget.
Provide administrative oversight for the City's housing and
commercial rehabilitation programs, including the following
areas:
Marketing of programs.
Review of applications.
Conduct of inspections.
Review of inspection reports, work write-ups and cost
estimates.
Evaluation of contractors' qualifications.
Review of contractors' bids.
Liaison with financial institutions.
Maintenance of status reports on all applications and
rehab jobs.
Periodically analyze progress and effectiveness of CDBG
activities, and make recommendations for changes or improvements
where appropriate. Prepare status reports on projects at
intervals as desired by City.
Act as liaison with HUD, City staff, citizens, and public and
private agencies with respect to CDBG program. Make informational
presentations to citizens and agencies regarding CDBG program.
Prepare all necessary applications, budgets, reports, and other
documents to ensure continuation of CDBG programs. Included are:
the annual Statement of Community Development Objectives and
Projected Use of Funds, Housing Assistance Plan (HAP), and Grantee
Performance Report required by HUD; responses to HUD and City
audits and HUD monitoring reports; and reports to the City Council
as requested.
Seek additional resources to complement CDBG funding, and prepare
funding applications as necessary (e.g., Rental Rehabilitation
Program, Section 312 Rehabilitation Program).
SCHEDULE OF SERVICES
First Quarter (July i - September 30, 1987)
1. Evaluation of candidates' qualifications for Housing and
Commercial Rehabilitation Specialist.
2. Orientation for Rehabilitation Specialist.
3. Administrative oversight for rehab programs.
4. Preparation of Grantee ~erformance Report.
5. Review of financial reports and preparation of drawdown requests.
6. Labor standards compliance (Magnolia Senior Center).
7. Review of progress reports and invoices from subgrantees.
8. Minority Business Enterprise Plan Implementation.
9. Miscellaneous general administration.
10. Preparation of Housing Assistance Plan.
11. Environmental reviews.
2nd Quarter (October 1 - December 31, 1987)
Administrative oversight for rehab programs.
Preparation of HUD equal opportunity report on
contractor/subcontractor utilization.
Preparation of HUD report on labor standards enforcement.
Review of financial reports and preparatiom of drawdown requests.
Labor standards compliance (final resolution of Magnolia Center
compliance issues).
Review of progress reports and invoices from subgrantees.
Monitoring of subgrantees.
Miscellaneous general administration.
3rd Ouarter (January 1 - March 31, 1988)
1. Administrative oversight for rehab programs.
2. Preparation of three-year Community Development Plan.
3. Preparation of 1988-89 CDBG application.
4. Review of proposals for 1988-89 UDBG projects.
5. Monitoring of subgrantees.
6. Review of financial reports and preparation of drawdown requests.
\
7. Review of progress reports and invoices from subgrantees.
8. Miscellaneous general administration.
4th Ouarter (April I - June 30, 1988)
1. Administrative oversight for rehab programs.
2. Review of financial reports and preparation of drawdown requests.
3. Review of progress reports and invoices from subgrantees.
4. Preparation of HUD equal opportunity report on
contractor/subcontractor utilization.
5. Preparation of HUD report on labor standards enforcement.
6. PreParation of Rental Rehabilitation Program application.
7. Preparation of agreements with subgrantees.
8. Miscellaneous general administration
EXHIBIT "B'
COMPENSATION
City agrees to compensate Consultant at the rate of $45.00 per
hour. Compensation shall be limited to a maximum of $12,150 for the
first quarter of the contract period, $9,315 for the second quarter,
\
$10,530 for the third quarter, and $8,505 for the fourth quarter, for
the performance of all services described under the Scope of Work. In
the event that additional time is necessary in order to accomplish the
services described in the Scope of Work~ Consultant shall perform for
such additional time as is necessary in order to accomplish the
services described~ at no additional cost to the City. Payment to
Consultant shall be made by City on a semi-monthly basis upon
presentation by Consultant of a semi-monthly statement of services
rendered.