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HomeMy WebLinkAboutMINUTES - 09252001 - HA.1 RA HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA TO: BOARD OF COMMISSIONERS FROM: Robert McEwan, Executive Director DATE: September 25, 2001 SUBJECT: SERVICE CONTRACT WITH YMCA OF THE EAST BAY FOR COMMUNITY SERVICES SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION I. RECOMMENDED ACTION: APPROVE and AUTHORIZE the Executive Director of the Housing Authority to execute a contract on behalf of the Housing Authority with YMCA to provide after school youth activities at the Bayo vista housing development for the period September 1, 2001 to June 30, 2002. II. FINANCIAL IMPACT: In consideration for the services provided to the youth of Bayo Vista, the Housing Authority will provide a portion of funding ($10,000.00). No County General Funds are required. III. REASONS FOR RECOMMENDATION/BACKGROUND Youth programs, including recreation activities, have been an important part of the Bayo Vista community since 1992. The departure of the former tenant (Boys and Girls Club) has created a void. This service contract will provide after school activities for resident youths at the Bayo Vista public housing units. This contract with the YMCA is allowable under the federal Department of Housing and Urban Development guidelines. IV. CONSEQUENCES OF NEGATIVE ACTION: Should the Board of Commissioners elect not to authorize the Executive Director to enter into a service agreement with the YMCA, the services provided to the residents of Bayo Vista may no longer be available, and this would be detrimental to the resident youth activities of this public housing development. CONTINUED ON ATTACHMENT: YES SIGNATURE RECOMMENDATION OF EXECUTIVE DIRECTOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON September 25, 2001 APPROVED AS RECOMMENDED XX OTHER VOTE OF COMMISSIONERS I HEREBY CERTIFY THAT THIS IS A XX UNANIMOUS (ABSENT None ) TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF COMMISSIONERS ON THE DATE SHOWN. ATTESTED September;.25',' 2001 John Sweeten, ,CLERK OF THE BOARD OF COMMISSIONERS AND COUNTY ADMINISTRATOR • c ` BY PUTY \\HOUSAUTH_1\USER\maryfmtz\Hodge\Board Order YMCA service contract 9 13 01.doc For Office Use Only Number Fund/Org. Account No. Other No. SERVICE CONTRACT 1. Contract Identification: Subject: Service Agreement for after school youth activities at the Bayo Vista housing development of the Housing Authority of the County of Contra Costa 2. Parties: The Housing Authority of the County of Contra Costa, California(Authority) and the following named Contractor mutually agree and promise as follows: CONTRACTOR: YMCA of the East Bay CONTRACTOR'S TAXPAYER ID: 94-1156317 CONTRACTOR'S CAPACITY: Youth Activities Service Provider CONTRACTOR'S ADDRESS: 263 So. 20th Street Richmond, CA 94804 3. Term: The effective date of this Contract is September 1, 2001 through June 30`h, 2002. 4. Termination: This Contract may be terminated by the Authority, at its sole discretion, upon five- day advance written notice thereof to the Contractor, or canceled immediately by written mutual consent; or upon thirty day advance written notice thereof to the Authority by the Contractor. 5. Payment Limit: Authority's total payments to Contractor under this Contract shall not exceed $10,000.00 for after school youth activities located at 2-C California Street, Rodeo, CA 94572. 6. Authority's Obligations: In consideration of Contractor's provision of services as described below, and subject to the payment limit expressed herein, Authority shall pay Contractor, as set forth in the Payment Provisions in this Contract. (Check one alternative only) ■ a. Flat Rate: $10,000.00 b. Payment in full after approval by the Executive Director. X C. As set forth in the attached Payment Provisions. 7. Contractor's Obligations: Contractor shall be responsible to the Authority for after school youth activities to include academic, health and physical education, social recreational activities, citizenship and leadership training, cultural enrichment events, avoidance of alcohol and drug use, and prevention of teen pregnancy. These services are to be provided at 2-C California Street, Rodeo, CA. Actual service and reporting requirements are described in Appendix A which is herein incorporated as part of this Service Contract. 8. Authority's Obligations: The Authority will be responsible for the maintenance of the property which is outlined in a separate lease agreement and not part of this service contract. 9. Compliance with Law: Contractor shall be subject to and comply with all Federal, State and local laws and regulations applicable with respect to its performance under this Contract, including but not limited to, licensing, employment, and purchasing practices; and wages, hours and conditions of employment, including nondiscrimination. Housing Authority of the SHORT FORM SERVICE CONTRACT Number County of Contra Costa Page 2 of 5 10. Nondiscriminatory Services: Contractor agrees that all goods and services under this Contract shall be available to all qualified persons regardless of age, sex, race, religion, color, national origin, or ethnic background, or handicap, and that none shall be used, in whole or in part, for religious worship or instruction. 11. Independent Contractor Status: This Contract is by and between two independent contractors and is not intended to and shall not be construed to create the relationship between the parties of agent, servant, employee, partnership,joint venture, or association. 12. Disputes: Disagreements between the Authority and Contractor concerning the meaning, requirements, or performance of this Contract shall be subject to final determination in writing by the Executive Director of the Authority, or his designee, or in accordance with the applicable procedures (if any) required by the State or Federal Government. 13. Access to Books and Records of Contractor, Subcontractor: Pursuant to Section 1861(v)(1) of the Social Security Act, and any regulations promulgated thereunder, Contractor, shall, upon written request and until the expiration of four years after the furnishing of service pursuant to this Contract, make available to the Secretary of Health and Human Services, the Comptroller General, the Authority, or any of their duly authorized representatives, this Contract and books, documents, and records of Contractor that are necessary to certify the nature and extent of all costs and charges hereunder. Further, if Contractor carries out any of the duties of this Contract through a subcontract, with a value or cost of$10,000 or more over a twelve-month period, such subcontract shall contain a clause to the effect that upon written request and until the expiration of four years after the furnishing of services pursuant to such subcontract, the subcontractor shall make available, to the Secretary, the Comptroller General, the Authority, or any of their duly authorized representatives, the subcontract and books, documents, and records of the subcontractor that are necessary to verify the nature and extent of all costs and charges hereunder. This special condition is in addition to any and all other terms regarding the maintenance or retention of records under this Contract and is binding on the heirs, successors, assigns and representatives of Contractor. 14. Reporting Requirements: Pursuant to Government Code Section 7550, Contractor shall include in all documents or written reports completed and submitted to Authority in accordance with this Contract, a separate section listing the numbers and dollar amounts of all contracts and subcontracts relating to the preparation of each such document or written report. This section shall apply only if the payment limit under this contract exceeds $5,000.00. 15. Indemnification: The Contractor shall defend, indemnify, save, and hold harmless the Authority and its officers and employees from any and all claims, costs and liability for any damages, sickness, death, or injury to persons(s) or property, including without limitation all consequential damages, from any cause whatsoever arising directly or indirectly from or connected with the operations or services of the Contractor or its agents, servants, employees or sub-contractors hereunder, save and except claims or litigation arising through the sole negligence or sole willful misconduct of the Authority or its officers or employees. Contractor will reimburse the Authority for any expenditures, including reasonable attorney's fees, the Authority may make by reason of the matters that are the subject of this indemnification, and if requested by the Authority will defend any claims or litigation to which this indemnification provision applies at the sole cost and expense of the Contractor. \\HOUSAUTH_1\USER\maryfmtz\Hodge\YMCA Contract#3,9 13 0I.doc Housing Authority of the SHORT FORM SERVICE CONTRACT Number County of Contra Costa Page 3 of 5 16. Signatures: These signatures attest the parties' agreement hereto: HOUSING AUTHORITY YMCA of the East Bay OF THE COUNTY OF CONTRA COSTA Robert McEwan Robert Wilkins Executive Director President and CEO Date: Date: Contractor Signature`B" t ar enas ice rest en Date (Form approved by County Counsel) Note to Contractor: For corporations (profit or nonprofit), the contract must be signed by two officers. Signature "A" must be that of the President or Vice-President and signature `B" must be that of the Secretary or Assistant Secretary(Civil Code Section 1190.1 and Corporation Code Section 313). \\HOUSAUTH_I\USER\maryfmtz\Hodge\YMCA Contract#3,9 13 Ol.doc Housing Authority of the SHORT FORM SERVICE CONTRACT Number County of Contra Costa Page 4of5 Payment Provisions 1. Contractor shall invoice to the Housing Authority within 60 days after execution of this Contract. Invoice should state the total amount of$10,000.00 and reference this Service Contract. 2. Invoices shall be directed by Contractor to the Housing Authority, addressed as follows: Robert WEwan, Executive Director Housing Authority of the County of Contra Costa P.O. Box 2759 Martinez, CA 94553 \\HOUSAUTH_I\USER\maryfmtz\Hodge\YMCA Contract#3,9 13 01.doc Housing Authority of the SHORT FORM SERVICE CONTRACT Number County of Contra Costa Page 5 of 5 APPENDIX A SERVICES BY AGENCY: AGENCY shall maintain and provide certain data upon request. The report should include the following: 1. List of Housing Authority youth being served; 2. Activities and field trip(s)being offered; 3. Attendance logs for said activities 4. Other program information. AGENCY after school program will operate five (5) days a week, from September 1, 2001, through June 30, 2002. The program will operate Monday through Friday, from 2:00 P.M. to 6:00 P.M. The focus of the program will be the following areas: 1. Health and Physical Education 2. Social Recreation 3. Citizenship and Leadership 4. Cultural Enrichment 5. Education—continued learning through academic studies during the after school hours. 6. Encouragement of the young people to avoid drug and/or alcohol use, and the prevention of teen pregnancies. \\HOUSA UTH_I\USER\maryfmtz\Hodge\YMCA Contract#3,9 13 01 Aoc