HomeMy WebLinkAboutReso 2-1986 RESOLUTION NO. 2-86
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 authorized to execute said Agreement on behalf of the City,
and the City Clerk attest his signature thereto.
I hereby certify that the foregoing Resoljtion was regularly introduced and
adopted by the City Council of the City of SoJth San Francisco at a regular
meeting held on the8th day of January , 1986 , by the following
vote:
AYES: Councilmembers Mark N. Addiego, John "Jack" Drago, Richard A. Halley,
Gus Nicolopulos; and Roberta Cerri Te~lia
NOES: None
ABSENT: None
ATTEST:~cit~y C/~~lerk
EXHIBIT "1" TO RESOLUTIiON NO. 2-86
CONSULTANT SERVICES AGREEMENT
COMMUNITY DEVELOPMENT BLOC< GRANT PROGRAM
THIS AGREEMENT is made at South San Francisco, California, as of
19 , 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 at the conclusion of each phase 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 "3" 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 requi,ed for furnishing its services
pursuant to this Agreement.
4. Term. This Agreement shall be effective on the date first appearing above
and shall continue in effect until June 30, 1986, 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.
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 prcvisions of the Code, and I
will comply with such provisions before commencing the
performance of the work of this Agreement."
(b) General Liability Insurance: Ir 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: Ir~a~ amount not less than ONE MILLION
DOLLARS ($1,000,000) for damage to the prop(~.ty 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 for faithful performance in the amount of
at least ONE MILLION DOLLARS ($1,000,000), insuring City that the work contractor
agrees to pursuant to this Agreement will be performed.
(e) It is agreed that the insurance ~equired by Subsections b and c shall
be extended 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. In addition, the following endorsement shall be made on said policy of
insurance.
"Notwithstanding any other provisions in this policy, the insurance
afforded hereunder to the City of South San Francisco shall be
primary as to any other insurance or reinsurance covering or
available to the City of South San Francisco, and such other
insurance or reinsurance shall not be required to contribute to
any liability or loss until and unless the approximate limit
afforded hereunder is exhausted."
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 claims, demancs, actions, causes of action, losses,
damages, liabilities, costs and expenses, including but not limited to attorney's
fees or obligations, for or in connection witP personal injury, including but not
limited to, death, or damage to property, botP 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 or 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 ~irms engaged in reproduction, typing
and printing. Consultant shall be solely responsible for reimbursing any sub-
contractors and the City shall have no obligasion to them.
9. Assignment. Consultant shall not assign any of its rights nor transfer
any of its obligations under this Agreement w"thout 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 cimely 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 'eoorts
prepared by the Consultant shall become the property of the City, an~z the
Consultant shall be entitled to receive just a~ld 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 tine by giving written notice to
Consultant of such termination and specifying ~he effective date therof, at
least thirty (30) days before the effective dase of such termination.
12. Termination for Convenience of the Consultant. The Consultant may for
its own convenience terminate this Agreement a~ 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 Qualifications. By executing this Agreement, Consultant
holds itself out as a qualified Community Deve'opment 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 forth
herein by Consultant as an independent consultant as defined in Labor Code Section
3353, under the general control of the Deputy City Manager/Community Development
and Administration of the City of South San Francisco, concerning the results of
the work, but not the means by which such resu't is accomplished. Nothing herein
contained shall be construed to make the Consu'tant 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, d"rect or indirect, that would conflict
in any manner or degree with the pewformance o= 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. Notices. All notices herein required shall be in writing, and shall be
delivered in person or sent by certified mail, postage prepaid.
Notices required to be given to City shall be addressed as follows:
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
Mayor
ATTEST:
City Clerk
By:
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 record-keeping systems:
- Set-up library of applicable Federal regulations, HUD policies and
procedures, and other appropriate reference materials.
- Establish and maintain filing system for each CDBG-funded project.
- Meet with City Finance Department persornel and examine City's
financial record-keeping system to ascertain the manner in which
CDBG program will "fit" into the City's existing system. Determine
responsibilities of CDBG adminstrative cffice with respect to
financial record-keeping. Ensure that accounting system as it
relates to CDBG program meets Federal standards, as contained in
OMB Circular A-102. Provide appropriate reporting forms as
necessary.
- Provide forms for recording program beneficiary information
corresponding to information required by HUD in Grantee Performance
Report.
Administer approved CDBG activities in corformance with all applicable
Federal and local regulations and guidelires.
- Conduct environmental reviews for all C[BG projects. Prepare and
publish notices of findings, and secure release of funds from HUD.
- Prepare contract documents (exclusive of architectural and engineering
specifications) for public works projects and other projects as
appropriate.
- Recruit personnel (or adminstering agencies) to carry out Shared
Housing Project and Senior Home Repair Program.
- 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 woulc include on-site monitoring
visits to any subgrantees, such as Operation Sentinel.
- Carry out labor standards compliance furctions (including payroll
reviews, employee interviews, and resolution of any compliance
problems) for applicable projects.
- Serve as liaison with housing rehabilitation operated by San Mateo
County and evaluate contractual arrangement with County.
Peric~ically 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 ~onitoring reports; and reports
to the City Council as requested.
7. Seek additional resources to complement C~BG funding.
EXHIBIT "B",
C[!qPENSATION
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 City.