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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.