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HomeMy WebLinkAboutMINUTES - 09261995 - C41 - Cont a Costa TO: BOARD OF SUPERVISORS J County ' c uh FROM: Harvey E. Bragdon Director of Community Development DATE: September 26, 1995 SUBJECT: Community Development/Housing Program Technician (Contract) SPECIFIC REQUEST(S) OR RECOMMENDATIONS(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS AUTHORIZE the Deputy Director - Redevelopment to execute a contract with Alicia Smith to provide services relating to the Community Development Block Grant (CDBG) and related programs. FISCAL IMPACT None. No General Funds will be used. The contract amount of $30,000 will be paid from Community Development Block Grant Program funds. BACKGROUND/REASONS FOR RECOMMENDATIONS The contract will enable the Community Development to continue to provide essential services relating to the CDBG program and related affordable housing programs (mortgage credit certificate, housing bonds, etc.). These services include community outreach, data entry, compliance review, records management, and development and implementation of notification systems. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR ECOMMEN ATION OF B RD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON Ls'—APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A /UNANIMOUS (ABSENT ) TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Source: Jim Kennedy 646-4076 cc: Community Development ATTESTED , ;Z-G , / 9 9s Redevelopment Agency PHIL BATCHELOR, CLERK Auditor-Controller THE BOARD OF SUPERVISORS via Redevelopment Agency AND COUNTY ADMINISTRATOR Alicia Smith BY �� , DEPUTY JK:Ih sral 9/smith.bos w CONSULTING SERVICES AGREEMENT 1. Special Conditions. These Special Conditions are incorporated below by reference. (a) Public Agenx: Contra Costa County Community Development Department/ Redevelopment Agency (b) Consultant's Name and Address: Alicia Smith 116 DeNormandie Way Martinez CA 94553 (c) Project Name, Number and Location: Community Development and Mortgage Program Technician (d) Effective Date: September 25, 1995 (e) Payment Limit: $30,000 (f) Completion Date: September 24, 1996 2. Signatures. These signatures attest the parties agreement hereto: Department: Consultant: Community Development/Redevelopment By: (Designate official capacity in the By: business.) James Kennedy Type of Business: Deputy Director-Redevelopment (Sole proprietorship, government agency, partnership, corporation, etc.) If Corporation, State of Incorporation: By: (Designate official capacity in the business.) Note to Consultant: (1) Execute acknowledgement form below, and (2) if a corporation, signatures must conform to designated representative groups pursuant to Corporations Code Sec. 313. 3. Parties. Effective on the above date, the above-named Agency and consultant mutually agree and promise as follows: 4. Employment. Public Agency hereby employs consultant, and Consultant accepts such employment, to perform the professional services described herein, upon the terms and in consideration of the payments stated herein. 5. Scope of Service. Scope of service shall be described in Appendix A (Scope of Services), attached hereto and made a part hereof by this reference. 6. Report Disclosure Section. Any document or written report prepared hereunder by Consultant, or a subcontractor, for Public Agency shall contain, in a separate section, the numbers and dollar amounts of this contract and all subcontracts relating to the preparation of such document or written report, provided that the payment limit specified in Sec. 1(e) exceeds $5,000. When multiple documents or written reports are the subject or products of this agreement,the disclosure section may also contain a statement indicating the total contract amount represents compensation for multiple documents or written reports. 7. Insurance. Consultant shall, at no cost to Public Agency, obtain and maintain during the term hereof: (a) Workers' Compensation Insurance pursuant to state law, and (b) Comprehensive Liability Insurance, including coverage for owned and non-owned automobiles, with a minimum combined single limit coverage of $500,000 for all damages due to bodily injury, sickness or disease, or death to any person, and damage to property, including the loss of use thereof, arising out of each accident or occurrence. Consultant shall furnish evidence of such coverage, naming Public Agency, its officers and employees as additional insured, and requiring 30 days' written notice of policy lapse or cancellation. 8. Payment. Public Agency shall pay Consultant for professional services performed at the rates shown in Appendix A. In no event shall the total amount paid to the Consultant exceed the payment limit specified in Sec. 1(e) without prior written approval of the Contra Costa County Community Development Director. Consultant's statement of charges shall be submitted in accordance with Appendix B. Payment will be made within thirty (30) days after receipt of each statement. 9. Status. The Consultant is an independent contractor, and shall not be considered an employee of Public Agency. 10. Time of Completion. Unless the time is extended in writing by Public Agency, Consultant shall complete all services covered by this Agreement. 11. Record Retention. Except for materials and records, delivered to Public Agency, Consultant shall retain all materials and records prepared or obtained in the performance of this Agreement, including financial records, for a period of at least three years after Consultant's receipt of the final payment under this Agreement. Upon request by Public Agency, Consultant shall make such materials and records available to Public Agency at no additional charge and without restriction or limitation to State and federal governments at no additional charge. 12. Documentation. Consultant shall prepare and deliver to Public Agency at no additional charge the items described in Appendix A to document the performance of this Agreement and shall furnish to Public Agency such information as is necessary to enable Public Agency to monitor the performance of this Agreement. 13. Ownership of Documents. All materials and records of a finished nature, such as final plans, specifications, reports, and maps, prepared or obtained in the performance of this Agreement, shall be delivered to and become the property of Public Agency. All materials of a preliminary nature, such as survey notes, sketches, preliminary plans, computations and other data, prepared or obtained in the performance of this Agreement, shall be made available, upon request, to Public Agency at no additional charge and without restriction or limitation on their use. 14. Extra Work. Any work or services in addition to the work or services described in Appendix A shall be performed by Consultant according to the rates or charges listed in Appendix B. In the event that no rate or charge is listed for a particular type of extra work, Consultant shall be paid for the extra work at a rate to be mutually agreed on prior to commencement of the extra work. In no event shall Consultant be entitled to compensation for extra work unless a written 2. authorization or change order describing the work and payment terms has been executed by Public Agency prior to the commencement of the work. 15. Termination by Public Agency. At its option, Public Agency shall have the right to terminate this Agreement at any time by written notice to Consultant, whether or not Consultant is then in default. Upon such termination, Consultant shall, without delay, deliver to Public Agency all materials and records prepared or obtained in the performance of this Agreement, and shall be paid, without duplication, all amounts due for the services rendered up to the date of termination. 16. Abandonment by Consultant. In event that Consultant ceases performing service under this Agreement or otherwise abandons the project prior to completing all of the services described in this Agreement, Consultant shall, without delay, deliver to Public Agency all materials and records prepared or obtained in the performance of this Agreement, and shall be paid for the reasonable value of the services performed up to the time of cessation or abandonment, less a deduction for any damages or additional expenses which Public Agency incurs as a result of such cessation or abandonment. 17. Breach. In the event that consultant fails to perform any of the services described in this Agreement or otherwise breaches this Agreement, Public Agency shall have the right to pursue all remedies provided by law or equity. Any disputes relating the performance of this Agreement shall not be subject to non judicial arbitration. 18. Compliance with Laws. In performing this Agreement, Consultant shall comply with all applicable laws, statues, ordinances, rules and regulation, whether federal, state or local in origin. 19. Assignment. This Agreement shall not be assignable or transferable in whole or in part by Consultant, whether voluntarily, by operation of law or otherwise; provide, however, that the Director of Community Development may allow consultant to sub-contract that portion of the services for which Consultant does not have the facilities to perform. Any other purported assignment, transfer or sub-contracting shall be void. 20. Endorsement of Plans. Consultant shall endorse all plans, specification, estimates, reports and other items described in Appendix A prior to delivering them to Public Agency. 21. Patents and Copyrights. The issuance of a patent or copyright to Consultant or any other person shall not affect Public Agency's rights to the materials and records prepared or obtained in the performance of this Agreement. Public Agency reserves a license to use such materials and records without restriction or limitation, and Public Agency shall not be required to pay any additional fee or royalty for such materials or records. The license reserved by Public Agency shall continue for a period of fifty (50) years from the date of execution of this Agreement, unless extended by operation of law of otherwise. 22. Indemnification. Consultant shall defend, save and hold harmless Public Agency and its officers and employees from any and all claims, costs and liability for any damages, injury or death arising directly or indirectly from'or connected with the services provided hereunder, due to or claimed or alleged to be due to negligent or wrongful acts of Consultant or any person under its control, save and except claims or litigation arising through the sole negligence or sole willful misconduct of Public Agency, and will make good to and reimburse Public Agency for any expenditures, including reasonable attorneys fees, Public Agency may make by reason of such matters and, if requested by Public Agency, will defend any such suits at the sole cost and expense of Consultant. 23. Heirs, Successors and Assigns. Except as provided otherwise in Section 20 above, this Agreement shall inure to the benefit of and bind the heirs, successors, executors, personal representatives and assigns of the parties. Attachments Appendix A - Scope of Services Form approved by County Counsel 3/87 JK:lh contracts5/smith.coa 3. APPENDIX A SCOPE OF SERVICES Assist in the implementation and administration of the County's Community Development Block Grant Program. Responsibilities of the contractor shall include but not be limited to the following: CDBG PROGRAM 1. File and records management; 2. Implement, under direction, community outreach, including citizen participation, project application, and citizen committee support; 3. Data entry related to program Administration. MORTGAGE PROGRAMS 1. Compliance review of Mortgage Credit Certificate applications; 2. Data entry of Mortgage Credit Certificate program applications, utilizing an R-Base database management program; 3. File and records management of Mortgage Credit Certificate program files; 4. Develop and implement notification system to MCC applicants and lenders on status of Mortgage Credit Certificate outstanding/expired commitments; 5. Compliance review of loan documents for final issuance of Mortgage Credit Certificates; 6. Assist in compliance review of Single Family Mortgage Revenue Bond applications; 7. Management of Single Family Bond applications using an R-Base database program; 8. Data entry of Multi-Family Bond compliance reports. contmcts5hmiffi con