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HomeMy WebLinkAboutReso 112-1986 RESOLUTION NO. 112-86 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AUTHORIZING APPROVAL AND EXECUTION OF AN AGREEMENT FOR CONSULTANT SERVICES OF THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM BE IT RESOLVED by the City Council of the City of South San Francisco that: 1. Approval of Agreement. The Agreement by and between Daniel Roos and the City of South San Francisco entitled "Consultant Services Agreement, Community Development Block Grant Program" is hereby approved, and a copy of said Agreement is attached hereto as Exhibit "1". 2. Execution of Agreement. The Mayor is hereby authorized to execute said Agreement on behalf of the City, and the City Clerk attest her signature thereto. 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 25th day of June , 1986, by the following vote: AYES: Councilmembers Mark N. Addiego, Richard A. Haffey; Gus Nicolopulos and Roberta Cerri Teglia NOES: None ABSENT: Councilman John "Jack" Drago EXHIBIT 1 TO RESOLUTION NO. 112-86 CONSULTANT SERVICES AGREEMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM THIS AGREEMENT is made at South San Francisco, California, as of June 25 , 19_8_6_, 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, 1986, and shall continue in effect until June 30, 1987, unless sooner terminated as provided in Paragraph ll 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 United 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 insureds 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. ?. 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 claims, 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. ll. 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 1 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 ~orth 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. 15. 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 Department 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 conformation 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 ATTEST: Consultant EXHIBIT "A" SCOPE OF SERVICES Under Administrative Direction of Director of Recreation and Community ServiCes: Establish management procedures 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. 2. 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 CDBG-funded project. Ensure that financial record-keeping system as it relates to CDBG program meets Federal standards. Provide forms for recording program beneficiary information corresponding to information required by HUD in Grantee Performance Report. Administer approved CDBG activities in conformance with all applicable Federal and local regulations and guidelines. Conduct environmental reviews for all CDBG 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 would include on-site monitoring visits to any subgrantees, such as Operation Sentinel and Human Investment Project. Carry out labor standards compliance functions (including payroll reviews, employee interviews, and resolution of any compliance programs) for applicable projects. Analyze expenditures on a continuing basis and prepare requests for drawdown of funds from Federal Treasury. Serve as liaison with housing rehabilitation program operated by San Mateo County and evaluate contractual arrangements with County. 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 materials 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. EXHIBIT "B" COMPENSATION City agrees to compensate Consultant at the rate of $45.00 per hour, up to a maximum of $9,000 per 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.