Loading...
HomeMy WebLinkAboutMINUTES - 10221996 - D6 'Do lo • r - Contra TO: BOARD OF SUPERVISORS Costa FROM: Harvey E. Bragdon County Director of Community Development DATE: October 22, 1996 SUBJECT: Agreement with Contra Costa Centre Association for 1996-97 Child Care Program SPECIFIC REQUEST(S) OR RECOMMENDATIONS(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS APPROVE and AUTHORIZE the Chair to sign an agreement with the Contra Costa Centre .Association to manage a child care program in the Pleasant Hill BART Station Area for a twelve month period beginning October 1, 1996, in an amount not to exceed $64,000; and APPROVE the Contra Costa Centre Association's Child Care Subsidy Program. FISCAL IMPACT None to County General Funds. The Contra Costa Centre Association's Child Care Subsidy Program is funded by developer contributions. Contributions have been made by most of the property owners in the Pleasant Hill BART Station Area. Contributions are held by the County in a designed trust fund. CONTINUED ON ATTACHMENT: XX YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RE OMMEN TION OF BO D COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON october 22 , 1996 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 335-1255 cc: Community Development ATTESTED octc)h,.r 22 ., 1 n A 6 County Administrator PHIL BATCHELOR, CLERK OF County Counsel THE BOARD OF SUPERVISORS Auditor-Controller AND COUNTY ADMINISTRATOR Redevelopment Agency via Redevelopment Contra Costa Centre Association BY_( 0 ' , DEPUTY JKAh sra24/ccca.bos • y BACKGROUND/REASONS FOR RECOMMENDATIONS On August 13, 1991, the Board of Supervisors approved Child Care Mitigation Agreements with various property owners in the Pleasant Hill BART Station Area, and approved a Child Care Program Administration Agreement with the Contra Costa Centre Association. The combination of these two agreements provided for a monetary contribution on the part of the property owners for child care mitigation, and for the Contra Costa Centre Association to undertake a Child Care Subsidy Program with the interest earnings on said funds. Funds could also be used for capital contributions to child care projects that would increase the amount of available child care space that serves the Pleasant Hill BART Station Area. Contra Costa Centre Association has prepared a Child Care Subsidy Program. The program provides for a subsidy payment to the qualified employees to offset a portion of their child care costs. The Contra Costa Centre Association anticipates subsidizing only those families whose incomes fall below $39,000 annually. Child care costs would be reimbursed on a sliding scale. Request to Speak FormD/ 111 ( THREE (3) MINUTE LIMIT) Complete this form and place it in the box near the speakers' rostrum before addressing the Board. Name: C/� 1 am speaking for myself_ororganization: 62 (ane of or6antutioN CHE t1wish to speak on Agenda !tern #= My comments will be: general _for_aBainst _ 1 wish to speak on the subject of _ 1 do not wish to speak but leave these morwats for the Board to consider. PROJECT AGREEMENT CONTRA COSTA CENTRE CHILD CARE SUBSIDY PROGRAM 1996-97 1. Agreement Identification. Department: Community Development Department Subject: Contra Costa Centre Child Care Subsidy Program 2. Parties. The County of Contra Costa, California, hereinafter called "County," and the following named Contractor mutually agree and promise as follows: Contractor: Contra Costa Centre Association Address: 1350 Treat Boulevard, Suite 180 Walnut Creek CA 94596 3: Term. The effective date of this Agreement is October 1, 1996 and it terminates October 1, 1997 unless sooner terminated as provided herein subject to all terms, conditions, and assurances contained or incorporated herein. 4. Payment Schedule. County's total payments to Contractor under this Agreement shall not exceed $64,000 as shown on Attachment B. County shall make quarterly payments to Contractor equivalent to actual expenditures for the preceding quarter except that County will advance an amount not to exceed $16,000 to contractor to fund operations during the first contract quarter. Payments shall be made in accordance with the following schedule: October 1, 1996 Advance payment not to exceed $16,000 January 1, 1997 Reimbursement for October 1, 1996 December 31, 1997 April 1, 1997 Reimbursement for January 1, 1997 -March 30, 1997 October 1, 1997 Final Reconciliation for 1996-97 Agreement County reserves the right to withhold any part of all of any payment if questions regarding expenditures arise which cannot be resolved to the satisfaction of the County. 5. County's Obligation. County shall make those allocation payments to the Contractor described in Section Four ("Payment Schedule"), for the work described in Attachment A hereto, subject to all terms, conditions, and assurances contained or incorporated herein. County shall perform program monitoring and financial oversight. The County is authorized to charge the Child Care Affordability Fund account up to $5,000.00 for staff time and a program audit. 6. Contractor's Obligations. Contractor shall provide those services and carry out that work as described in the"Child Care Subsidy Program, 1996-97, Contra Costa Centre Association," a copy of which is attached hereto as Attachment A and incorporated herein by this reference, subject to all the terms, conditions and certifications contained or incorporated herein. Contractor shall provide a quarterly statement of expenditures to the County with appropriate backup documentation within thirty days following the end of each calendar quarter. Any dispute regarding this Agreement will be reviewed in accordance with Section 13. In the event County withholds payment, Contractor will not be required to make additional expenditures under this Agreement until resolution is achieved on the withheld payments. 7. Status. Contractor is an independent contractor, and shall not be considered an employee(s) of the County. Any program established or operated by the Contractor as part of the"Child Care Subsidy Program" shall not be considered a program of the County. 8. Insurance. Contractor shall obtain and maintain during the term hereof comprehensive automobile liability insurance protection against liability for damages for personal bodily injuries (including death) and for property damage, whether the property of one or.more claimants, in an amount not less than $5,000,000.00 per occurrence (combined single limit) or combined bodily injury and property damage liability. In addition, the County of Contra Costa is named as additional insured, with thirty(30) days written notice of policy lapse or cancellation required. 9. Indemnification. Contractor shall defend, save and hold harmless the County, its officers, agents 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 claimed or alleged to be due to negligent or wrongful acts of the Contractor or arising from the Contractor's implementation and.management of the services provided hereunder, save and except claims or litigation arising through the sole negligence or sole willful misconduct of the County, and will make good to and reimburse the County for any expenditures, including reasonable attorneys fees the County may make by reason of such matters and, if requested by the County, will defend any such suits at the sole cost and expense of the Contractor. 10. Project. This Agreement implements in part the Child Care Mitigation Program for the Pleasant Hill BART Station Area as provided for under the August 13, 1991 Pleasant Hill BART State Area Child Care Program Administration Agreement, attached hereto as Attachment C. 11. Changes to Work Program. Any changes to the attached Work Program shall be mutually agreed upon in writing by the Director of Community Development or his designee and the Contractor, and may include reallocations of funds within the project budget to reflect the revised Work Program. 12. Disputes. Disagreements between County and Contractor concerning the meaning, requirements, or performance of this Contract shall be subject to final determination in writing 2 I D6 by the Director of Community Development or his designee or in accordance with the applicable procedures(if any) required by the State or Federal government. 13. Termination. County shall have the right to terminate this Agreement, upon providing written notice to Contractor, for failure to carry out the terms of this Agreement. Upon such termination, Contractor shall, without delay, deliver to County 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. If this Agreement is terminated by the County, Contractor shall have no fiuher obligation to provide the services or carry out the work described in Exhibit A, and County shall have no further obligation to make payments to Contractor. 14. Signatures. These signatures attest the parties' agreement hereto. COUNTY OF CONTRA COSTA, CALIFORNIA CONTRACTOR- = ) NTRA COSTA CENTRE ASSOC. By: - By: Jeff t C r Steve omas, President Bo6rd..of Supervisors ContraCostaCentreAssociation Date: o1 Date: l ATTEST: Phil Batchelor, Clerk of the B Board of Supervisors and L to Tanner,Executive Director County Administrator Contra Costa Centre Association By: Date:/a Deputy 61, Recomm ded by Depart n B � Y J s Kenned eputy Director-Redevelopment Fo Cou ty Counsel By. Dep Attachments: A. Work Program, 1996-97 B. Budget, 1996-97 C. Child Care Program Administration Agreement of 8/13/96 Mth-sra24/ccca.agr 3 ATTACH= A CONTRA COSTA CENTRE ASSOCIATION CHILD CARE PROGRAM OVERVIEW The Contra Costa Centre Association (CCCA) is a non-profit corporation comprised of developers and land owners within the Pleasant Hill BART Station Specific Plan Area. The purpose of the Association is to implement and manage different aspects of the Specific Plan, one of those elements being child care. The CCCA has established a Child Care Committee which provides oversight for the Association's child care plan and will report back to CCCA Board on a quarterly basis. The Association has implemented several programs to define and assist in the child care needs of employees within the Centre. Our last child care survey was completed in April 1995 which provided valuable information regarding the types of care employees use, where their children are cared for, and the cost for this care. The Association also conducted an inventory of the child care facilities within a 1 1/2 mile radius of the Pleasant Hill BART Station. We determined each facility's capacity, ages of children allowed, vacancy rates, fees, and any special requirements or provisions. This list is updated periodically based on information provided to the Contra Costa Centre Association's staff. This information is provided to employees upon request. The CCCA entered into two agreements with the County in July 1991 to further implement its child care plan. The Child Care Program Administration Agreement created a trust fund to help offset child care expenses of employees at the business park and provided a capital allocation to build a child care facility within the Centre. The Child Care Program Mitigation Agreement established the funding mechanism for this Program. ATTACI-BENT A P 2 of 6 C, GOALS AND OBJECTIVES The CCCA members have joined together to accomplish a unique goal in the development of the Centre. Traditionally, the developer provides facilities where people can live,work and/or play while the employer is oftentimes responsible for the well being of its employees, which can include such items as health benefits and child care. Now, the developer has been made responsible for enhancing the "business environment" -- becoming accountable for such things as reducing traffic congestion, providing for children's needs, and/or contributing to public open space -- where there is some nexus relationship between commercial development and the "need" generated as a result of the development. The CCCA has acknowledged its role in creating a strong business climate and participating in local and regional issues. As part of this role, the Association desires to assist employers in supporting the family. Increasing financial pressure on families, in addition to societal changes, have resulted in situations where both parents work or where there is a single parent who must work. This condition has forced many children into child care programs, either in a pre-school or after-school arrangement. Care for these children can be with a relative, friend,church, child care facility,or several other options. It is not the Association's objective to dictate where parents must send their children for care. It is our goal to assist employee parents by: Page 2 Y,KJ ATTACHMENT A p3 of 6 1) coordinating with their employers to evaluate what the needs are within the Centre 2) making them aware of the child care provisions available in and around the Centre 3) making available a facility within the Specific Plan Area 4) assisting employees financially as needs and resources permit. The CCCA is flat a child care provider, it merely assists employees in their needs for their children with both information and financial assistance. It is our hope that by doing this, those families of greatest need can be supported to provide for their children in the best way possible. It is the responsibility of the employee to chose the child care provider C with the understanding the Contra'Costa Centre Association has not investigated into or inquired upon the employee's chosen provider. IMPLEMENTATION PLAN The CCCA has developed a plan for addressing current and projected child care needs of the employees who occupy the buildings within the Centre. I. Employee Referrals and Information A. The Association office maintains an inventory of child care providers in the local area and provides that information to employees upon request. The inventory list includes facility information, such as: name, location, capacity, age ranges, charges, and vacancies. In addition, we refer employees to the Contra Costa Page 3 ATTACH= A p4 of 6 County Child Care Council for further assistance on child care providers near their home. B. A letter is sent, through the developer of each building, to all new tenants informing them of the existence of the Contra Costa Centre Association and the services, including child care, available through its offices. In addition, the Association staff holds training sessions in existing buildings, as needed, to inform new tenants and employees of the services available. The Association periodically holds on-site events where a child care booth is set up to answer employees' questions and provide child care referral information. The Association also provides a newsletter which informs C employees of the child care services available through the Association offices. II. Coordination with Providers Since the opening of the Association office in late 1987, the Executive Director has maintained an ongoing relationship with the local child care providers. As mentioned previously, the provider inventory is updated periodically. The Association also keeps providers informed, upon request, about employee child care needs, survey results, and projected construction and absorption schedules. Page 4 ATTACIRTM A p 5 of 6 III. On-Site Facilities The CCCA surveys have indicated there is a greater demand for child care near the home than near work and that there is adequate vacancy in facilities near the Centre to accommodate the need near work. However, the Association has been actively involved with the creation of a child care facility in the Specific Plan Area. A capital contribution in the form of a $100,000 grant was endowed to the Kid's Wonderland facility at the Park Regency. There were 95 child care slots created, of which fifty percent (50%) are available to employees within the Centre. An ongoing list is maintained with the child care provider where Centre employees, alternating with residents at the Park Regency, will have the opportunity to have their children at the facility on a"first come, first served" basis. IV. Child Care Trust Fund The Association recognized there was a child care need, but not necessarily for local facilities. A more critical concern often raised in the CCCA surveys was the issue of affordability. Child care can be very expensive, especially for more than one child. It is a goal of the Contra Costa Centre Association to provide a child care subsidy to their employees. To address this concern, the Association has established a child care trust fund. One million dollars ($1,000,0000) will eventually be funded into an Page 5 9b ATTACHMENT A p 6 of 6 account that will be managed by the Association. Requests for assistance in child care expenses by employees in the Centre will be taken and evaluated on a "need" basis. Monies will then be allocated to employees based upon funds available from the trust account for that fiscal year. Specifics about the Fund are outlined in a separate Policy Document. Page 6 ATTACHMENT B BUDGET CCCA Child Care Affordability Fund sca First Year of Program Initial Set-up Computer $ 1,000.00 one-time charge) File Cabinet $ 150.00 Subtotal $ 1,150.00 Salaries(1/3 time) Executive Director 208 hours at$24.00/hour(4 hrs/week) $ 4,992.00 Program Coordinator 416 hours at$21.00/hour 8 hrs/week) $ 8,736.00 Clerical 156 hours at$13.00/hour 3 hrs/week) $ 2,028.00 Subtotal $ 15,756.00 overhead . o of Salaries , Retirement(Program Administrator Payroll Taxes Approximate $ 3,000.00 TOTAL Administrative Costs $ 29,658.14 Child Care Program Monies* $ 27,000.00 Child Care Marketing Printing $ 1,500.00 Postage $ 500.00 Miscellaneous Quicken Checks $ 300.00 Envelopes $ 100.00 Accounting $ 2,000.00 Contingency $ 2,500.00 Subtotal $ 33,900.00 TOTAL ACTUAL COSTS $ 63,558.14 •This budget number is an estimate based on 30 families being allocated$75 monthly 9697CARE.XLS (30 x$75=$2,250 x 12=$27,000). Pagel 'ATTACHMENT G te -o CHILD CARE PROGRAM ADMINISTRATION AGREEMENT Pleasant Hill BART Station Area 1.0 Agreement Identification Department: Contra Costa County Community Development Department Subject: Pleasant Hill BART Station Area Child Care Program Administration . 2.0 Parties The County of Contra Costa, California (the "County") , and: Contra Costa Centre Association 1350 Treat Blvd. , Suite 240 Walnut Creek, CA .94596 (415) 935-6337 hereby agree and promise as follows: 3 .0 Recitals WHEREAS, it is a goal of the County to assist and encourage the development of adequate, affordable and quality child care, and to maximize parental choice for child care options in the community; and WHEREAS, the County, by Resolution No. 86/623, adopted a child care component of the Community Facilities Element of the County General Plan; and WHEREAS, the County, by Resolution No. 91/68, adopted a comprehensive update to the County General Plan, including a Public Facilities/Services Element with a child care component; and WHEREAS, the County, by Ordinance No. 88-1, approved by the Board of Supervisors on January 26, 1988, enacted a child care facilities ordinance (chapter 82-22 to the County Ordinance Code) ; and WHEREAS, the Contra Costa Centre Association (the "CCCA") has been established as a non-profit mutual benefit corporation whose members are property owners and developers with interests in the Pleasant Hill BART Station Area; and ATTACHMENT C p2 of 7 WHEREAS, one of the specific purposes of the COCA is enabling its .members to coordinate planning and services in the child care area; and WHEREAS, Section 82-22 .806 of the County Ordinance Code requires that developers of Projects (as defined in Section .82-22..406) prepare and submit a child care survey, that includes a . needs assessment and response plan; and WHEREAS, the CCCA submitted a childcare needs assessment as required by Section 82-22.806 on March 9, 1988,. with an update dated September 11, 1989; and WHEREAS, the CCCA submitted a response plan as required by Section 82-22.806 in a letter dated January 30, 1991; and WHEREAS, the Director of Community Development (the "Director") has determined that the . needs assessment and response plan is adequate, subject to members of the CCCA contractually obligating themselves to the response actions referenced in their letter of January 30, 1991; and WHEREAS, the CCCA membership have independently and contractually obligated themselves to the response actions .. referenced in their letter of January 30, 1991, by entering into a Child Care Mitigation Agreement (attached hereto as Exhibits A-I.; and WHEREAS, the CCCA. and the County recognize the need for an organization to develop and administer a Child Care Mitigation Program. 4 . 0 Effective Date The effective date of this agreement is August .13, 1991 , 1991. 2 ATTACBMENT C p 3 of 7 i 5. 0 .Terms .5.1 Child Care Mitigation Program The Child Care Mitigation Program, capitalized by contributions of the members of the LCCA and held in a Trust Account by the County, shall be used for child care facilities, affordability, or other child care needs of employees or projects represented by the CCCA. An amount not to exceed $100, 000 is to be contributed to the child care center being developed by GBW Properties as part of the Park Regency project. Prior to disbursement of said $100,000, a three (3) party agreement between the County, GBW Properties, and the CCCA indicating time-linesfor completion of the GBW child care project, and setting forth certain entitlements granted to the CCCA regarding use of the child care facility shall be executed. 5.2 Program Design/Administration M a) Content The Contra Costa Centre Association shall annually, until such time as funds in the CCCA Child Care Trust Fund referenced in Section 5. 6 are exhausted, develop and submit to the County, for its review and approval, a program, expenditure, and adminis- trative plan (the "Plan") for the program(s) described-, in -Sectioh 5. 1. The Plan shall include a capital contribution not to exceed $100, 000 to the child care center being developed by GBW Properties as part of the Park Regency project (GBW Child Care Project) . The parties hereto acknowledge that disbursement of. the $100, 000 capital contribution for the GBW Child Care Project, subject to the provisions of Section 5. 1 above, may be made prior to the Plan being developed and approved as provided for in paragraph 5. 2 (b) . As described in 3 ATTAMENT C p 4 of 7 the three (3) party agreement referenced in Section 5. 1 between the County, GBW Properties, and the CCCA, . disbursement of the $100,000 capital contribution for the GBW Child Care Project will entitle CCCA and its members to certain use privileges regarding the GBW Child Care Project. b) Submittal and Review The . initial Plan shall be submitted no later than 180 days from the date of this Agreement. The initial Plan shall cover a time period expiring June 30, 1992. Subsequent Plans shall besubmitted annually 60 days prior to the fiscal years beginning with the 1992-93 fiscal year. The County Community Development Department shall respond, in writing, no later than 30 days following receipt of the Plan with respect to the adequacy of the Plan. Should the Plan as submitted be deemed inadequate, the County shall have the right, but not the obligation, to define such actions or changes that would constitute an adequate plan. Should the County not respond within 45 days of .receipt of the Plan, the Plan shall be deemed approved. Should the CCCA not submit a Plan within the prescribed time frame, the County may prepare an acceptable Plan using funds from the Child Care Mitigation Trust Fund (Section 5. 6) . 5. 3 Administrative Alternatives The CCCA may propose to administer the Child Care Program directly, or contract with an acceptable third party using program funds as described in Section 5.5. 4 ATTACHMENT C p 5 of 7 5.4 Annual Funding The County and the CCCA shall, for each fiscal year, until such time as the funds in the Child Care Mitigation ,Fund are exhausted, enter into a contract to implement and provide for the administration of the Plan prepared and approved pursuant to Section 5.2 above. ' The intent is to structure a program that will operate , on the interest earnings from a Child Care Mitigation Trust Fund maintained by the County. Projects and programs that could result in a reduction to the capital account may be proposed by.the COCA in its annual Plan prepared pursuant to Section 5.2 above. 5.5 Administrative Costs Annual administrative costs of the CCCA may be paid from program funds. Annual administrative costs shall have a maximum level, established after completing the first three years of operation of the child care program described in the Plan. Administrative costs in excess of this amount are the responsibility of the. COCA. Administrative costs shall be paid pursuant to a contract prepared in accordance with Section 5. 4. 5. 6 Child Care Trust Fund The County shall establish a CCCA Child Care Trust Fund and shall deposit capital contributions as noted in Sections 5.2=. land 5.3 •of the Child Care Mitigation Agreements between the County and members of the LCCA, and interest earnings from said trust fund into said trust account to be used exclusively for child care needs of employees and projects of the CCCA and purposes expressed herein and further agreed to in the Plan. 5 ATTACIR= C p 6 of 7 k � 6.0 Indemnification CCCA shall defend, indemnify, save, protect, and hold harmless the County 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 this agreement, including, but not limited to, claims, costs or liabilities arising from, or connected with, the CCCA's implementation and management of the services provided hereunder, save and except claims or litigation arising through the sole negligence or sole willful misconduct of the County,. and will make good to and. reimburse the County for any expenditures, including reasonable attorneys fees the County may make by reason of such matters and, if requested by the County, will defend any such suits at the sole cost and expense of the COCA. 7. 0 Breach In the. event the CCCA or the County fails to perform any of its obligations hereunder, or otherwise breaches this Agreement, the County or the CCCA shall have the right to pursue all remedies provided by law or equity. 8. 0 Heirs, Successors and Assigns This Agreement shall inure to the benefit of and bind the heirs, successors, executors, personal representatives, and assigns of the parties hereto. 9. 0 Assignment This Agreement shall not be assignable or transferable in whole or in part by COCA, whether voluntarily, by operation of law, or otherwise- without the expressed written consent of the County. Such consent by the County shall not- be unreasonable withheld. Any other purported assignment or transfer shall be void. 6 ATTACHMENT C p 7 of 7 Y 10.o signatures These signatures attest the parties Agreement hereto: COU TY OF cm C A ALIF IA CONTRA CENTRE ASSOCIATION By: By; Cha Board of Supervisors (Designate Official Capacity) i ATTEST: Phil Batchelor, By: ` � County Clerk of the Board (Designate Offici Capaci y) of Supervisors and County inistrat r By: Note to Contractor: Deputy .(1) If a corporation, designate official capacity Recommende by Departm t in business, execute acknowledgement from and By: affix corporation seal. Harve E. Bra on, Direc r f Co ty Dev opment SRA 12/jb/ccprogad.egr 7_