HomeMy WebLinkAboutMINUTES - 11062001 - HA.2 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA
TO: BOARD OF COMMISSIONERS
FROM: Robert McEwan, Executive Director
DATE: November 6, 2001
SUBJECT: APPROVE FIRST AMENDMENT TO AN AGREEMENT BETWEEN THE CITY OF WALNUT
CREEK AND THE HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA FOR
EMERGENCY SHELTER REHABILITATION AND, AUTHORIZE EXECUTIVE DIRECTOR TO
EXECUTE THE AMENDMENT & RELATED DOCUMENTS
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
I. RECOMMENDED ACTION:
APPROVE first amendment to an agreement between the City of Walnut Creek and the Housing
Authority, to authorize the use of$23,685 in funds and extend the time period for rehabilitation of the Central
County Emergency Housing facility at 2047 Arnold Industrial Way, Concord, CA. and AUTHORIZE the
Executive Director of the Housing Authority of the County of Contra Costa to execute the Amendment and
related documents.
II. FINANCIAL IMPACT:
No Housing Authority funds will be used. The grant will pay for rehabilitation work with funds from
other participating agencies. The Authority will be reimbursed for its administrative costs from the City of
Walnut Creek.
III. REASONS FOR RECOMMENDATION/BACKGROUND
An error in the Contract Between the City of Walnut Creek and The Housing Authority of the County
of Contra Costa dated July 1, 1997 to supply funding for Central County Homeless Shelter rehabilitation
showed funding of$20,685 and the subject Amendment makes the correction to show $23,685. Matching
funds from other agencies are needed to complete funding for the planned rehabilitation work and an
extension of time is needed to accomplish the funding.
IV. CONSEQUENCES OF NEGATIVE ACTION:
Negative action will cause the needed Emergency Shelter rehabilitation work to remain incomplete.
CONTINUED ON ATTACHMENT: YES SIGNATURE
RECOMMENDATION OF EXECUTIVE DIRECTOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON November 6, 2001 APPROVED AS RECOMMENDED X ;: OTHER
VOTE OF COMMISSIONERS
I HEREBY CERTIFY THAT THIS IS A
X UNANIMOUS (ABSENT Non, ) 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 November. 6, 2001
JOHN SWEETEN,CLERK OF
THE BOARD OF COMMISSIONERS
AND COUNTY ADMINISTRATOR
BY / (.C/ EPUTY
FIRST AMENDMENT-TO AN AGREEMENT BETWEEN THE CITY OF WALNUT CREEK
AND THE HOUSING AUTHORITY OF-THE COUNTY OF CONTRA COSTA
FOR EMERGENCY.SHELTER REHABILITATION
. :T.his-.First.Aiiiendnrent:("Amendment'-'.) to:that.certain Agreement for Emergency Shelter
Rehabilitation(11Agreement") between-the-Housing;Authority of.the County of Contra Costa
("Subrecipient") and:the City of Walnut Creek("City"); is made and entered into this day of
2001.
RECITALS
Whereas; the City and the Subrecipient.entered into the Agreement on July 1, 1997, and now both
parties=desire-to.amend the:Agreement to-correct-the amount.of the allocation.and to modify the nature of
.the rehabilitation work to be:done-with:the4iffids�and-
Whereas.
nd.Whereas. on May 6, 1997; the City:Council-approved the allocation of$23;685 in CITY's FY
97/99 CDBG fiinds;and authorized the-expenditure of that amount to assist in Phase II of the rehabilitation
of the Central County Homeless Shelter. The original Agreement stated that the authorized amount for
this activity was only $20;685.
AGREEMENT
NOW-THEREFORE-the parties mutually_.Agee-as-follows:
1. RECITAL.13 of the Agreement.-is herebyAmerided to read as follows:
"CITY has approved-and authorized the expenditure of Twenty-three Thousand Six Hundred
Eighty=five dollars ($23,685:00) which has-been carried forward from its FY 97/98 CDBG funds
for construction related expenses associated with the renovation of the Central County Homeless
Sliditei located at 2047 Arnold Industrial Way, Concord, CA."
2. Section.I,Scope_of.services;-ofthe Agreement-is hereby airrended_to read as follows:
"SUBRECIPIENT.shall utilize funds.-provided under-this Agreement to pay costs associated with
health and safetyimprovemEnts.to the:bathroom facilities at the Central County Homeless Shelter,
located at 2047 Arnold Industrial Way, Concord.
3. Section 3, Limitation.on_Funds; of the Agreement is hereby amended to read as follows:
"The total costs.incurred by°SUBRECIPIENT under this.Agreement-shall not exceed Twenty=
three Thousand Six:-.Hundred:Eighty-five:dollars ($23;685:00). 'the use of the funds shall be
:-limited to-work associated=with°health:-and.safety improvements-to the bathroom facilities in the
.-.Central County-Homeless-8liditer."
4. Section 4; Terni.of.Agreement; of the Agreement is hereby amended to read as follows:
"The term of this Agreement shall continue until June 30, 2002. All work under this Agreement
shall be completed by that date; unless written approval for aone-year extension is requested and
P:Ulomeless Shelter Amendmerit.doc
10/9/01
obtained from-the CITY. This Agreement may be renewed for successive one-year terms at the
discretion of CITY and.SUBRECIPIENT."
5: Section-5,Reporting:ofthe Agreement.is-hereby amended to read.as follows:
`.'SUBRECIPIENT shall:provide quarterly reports-to CITY regarding Walnut Creek homeless
persons who:are serVed:at the.Shelter;from July 1,.2001 through the term of the Agreement.
Reports shall.include the gender, ethnicity; handicap, and familial status, as well as type of
assistance provided for..eachrWalnut..Creek residents who received assistance at the Shelter during
that period.
SUBRECIPIENT shall=also.report:to.CITY on.a quarterly basis the progress made toward project
rehabilitation-goals: `Both'quarterly reports shall be-submitted within 15 days after the end of each
:quarter:
6. Except:as modi&d-by this Amendment;-all other-provisions of the Agreement shall remain
unchanged and-in-full.force.and.effect.
CITY OF WALNUT CREEK HOUSING AUTHORITY OF THE COUNTY OF
CONTRA COSTA
By. BY: .
DONALD A..BLUBAUGH ROBERT McEWAN
City Manager Executive Director
APPROVED AS TO FORM: APPROVED AS TO FORM:
THOMAS'HAAS; City Attorney County 6sel
City of Walnut Creek Contra Costa County Ir,�3 '
z
CITY OF WALNUT CREEK
CONTRACT=.BETWEEN THE,
AND
THE-HOUSING AUTHORITY OF THE COUNTY-OF'CONTRA COSTA
FOR
EMERGENCY SHELTER REHABILITATION
This AGREEMENT, entered-into this I st day of July 1997 by and between the CITY.-OF
WALNUT CREEK,::public:body-corporate-and politic, hereinaftet-referred to as "CITY", and
THE HOUSING.AUTHORITY OF.THE COUNTY'OF CONTRA COSTA; a political.
subdivision:of the::State°.of Calif0Mia,.:hereinafter referred to as "SUBRECIPIENT".
RECITALS
A. CTT Y will receive:Community Development Block Grant (CDBG) finds from the Department
of Housing and Urban Development (HUD) as an entitlement to CITY pursuant to the
provisions of Title I of the Housing and Community Development Act of 1974; as amended.
B. CITY has:approved_and:authorized-the expenditure of twenty thousand six hundred eighty-
five dollars:($20 685 00)-from its FY97 CDBG funds for construction related expenses
associated.-with Phase II.--renovation-of the Central County Homeless Shelter located at 2047
Arnold Industrial Way,°Concord;..CA.
NOW,THEREFORE, in;considerationof the recitals and the mutual obligations of the parties as
herein expressed, CITY and SUBRECIPIENT agree as follows:
1:: Scone.of Services.
'SUBRECIPIENT. --shall_utilize funds.provided.under-this Agreement to pay costs associated
with construction, bmmercial.kitchen in Phase II renovations of the Central County
Homeless.Shelter;:located°:at 2047 Arnold Industrial Way, Concord.
2. Provision ofFunds
SUBRECIPIENT.enters into-this agreement with the knowledge and understanding that if
CITY CDBG funds are used to pay for non-eligible CDBG activities, SUBRECIPIENT will
be responsible to repay CITY the entire:amount of CDBG funds used. (Please initial line at
top ofparagraph-.indicating-that:'SUBRECIPIENT hasxead and agrees to Provisions of `
Funds.)
3..Limitati6n.on-Funds
The total costs:incurred-by SUBRECIPIENT under this Agreement shall not exceed Twenty
thousand six hundred eighty-five dollars ($20,685.00). The use of the funds shall be limited
to work associated with Phase II:Rehabilitation work in the Commercial Kitchen in the
Central County-Homeless Shelter.
4: Term.of Agreement
The tertitof this:Agreement::shall:comnience on the date first appearing in this Agreement and
shall continue until.June:30; 1999. All work under this.agreement shall be completed by that
date; unless-written approval for.a:one year extension-is requested and obtained from the City
prior to that date. This Agreement-may be renewed for successive one-year terms at the
discretion of CITY and SUBRECIPIENT.
CI7BG Agreement
W.C./liousing.Authority
Plisse Ii Rthab Page No. 3
or sex be excluded from participation in, be denied the benefits of, or be subjected to
discrimination-under.any.'program-or-activity-funded in whole or in part with Community
Development`fundsmade avaiiable:pursuantto this-act.
f Section:504 of the Rehabilitation-Act of 1973; as amended; which states that-no otherwise
qualified handicapped-individdal-.in the United States shall solely by reason of his/her
handicap be excluded from participation in, be denied the benefits of, or be discriminated
against-under-any program-or-activity receiving Federal financial assistance.
Age Discriminarion.Act of 1975, as amended, which states that no persons in the United
Statesr-shall; on-the:basis=of.age-=be-excluded.from participation in, be denied.the benefits
of; or be:subjected to-discrimination under any program or activity receiving Federal
financial assistance.
h. Section 3 of the Housing::and Urban-Development Act of 1968, which requires that to the
greater extent-feasible, opportunities for training and employment be given to lower-
income persons within the unit of local government or the metropolitan area in which the
project is located, and that contracts for work in connection with the project be awarded
to eligible business-.concerns which-are located in, or owned in substantial part by, persons
residiiig:.in the°same:metropolitanarea,as-the project.
is Conflict of interest-regulations- contained in 24 CFR 570.611; which require; among
other:things;.-that except-for•approved eligible administrative or personnel costs; no person
Who is an•employee;agents consultant or officer of the SUBRECIPIENT may obtain a
personal or financial interest or benefit from the activity under this Agreement, or have an
interest in any contract;subcontract, or agreement with respect thereto, or the proceeds
thereunder, either for themselves or those with whom they have family or business ties,
during their:tenure:or for one year thereafter. Upon written request of the
SUBRECIP_IENT, the CITY may request the U.S. Department of Housing and Urban
developmea to.=grant:An exception to the:foregoing requirement on a case-by-ease basis in
accordance with 24 CFR 570.611 (d).
j. Davis=Bacon Act (40 U.S.C..276a - 276a-5). The Davis-Bacon Act (DBA) provides that
contracts in excess of$2,000 to which the United States is party for the construction,
alteration; and/or repair shall contain provisions with respect to minimum wages, fringe
benefits, payments without deductions or rebates, withholding funds from contractors to
ensure compliance with-the wage-provisions, and-termination of the contract or debarment
for failure to-:adhere:to;the requiredprovisions.
k. Contract Work Hours and.Safety..-Standards.Act (40 U.S.C.-327 - 333).
1: Copeland Act (Anti-Kickback Act) (40 U.S.C. 276C). The Copeland Act makes it a
criminal offense.for any person to induce; by any manner whatsoever, any person
employed in the construction, prosecution, completion, or repair of any public building,
public work; or building or work financed in whole or in part by loans or grants from the
United.States,:.to give up-any.part of the compensation to which he is entitled under his
CDBG Agreement
W.C./Hotising Authority
Phase II Rehab Page No. 5
b. .Minitniim..Sdoge..ofIiisuran'ce-.- Coverage-shall be at least as.broad as:
1. Insurance-Services.Oflice-from number GL0002 (Ed. 1/73) covering Comprehensive
Generale:Liability-and.Insurance Services Office form number GL 0404 covering Broad
Form Comprehensive General Liability; or Insurance Services Office Commercial
General Liability-coverage ("occurrence" form CG 0001):
2. Insurance:Services Office-form number CA 0001 (Ed: 1/78) covering Automobile
Liability;:code 1"any auto"-and endorsement CA 0025.
3. Workers':Compensation-insurance as.required.by the Labor Code of the State of
Califvrni&:and.Employers:Liability insurance.
c. Minimum.Limits of Insurance. SUBRECIPIENT shall maintain policy limits of no less
than:
1. General-Liability: $500;000 combined single limit per occurrence for bodily injury,
personal injury and--property damage. If Commercial General Liability Insurance or
other'form-:with a general:aggregate limit-is used, either the general aggregate limit
shall apply-separately:to-xhis project/location or the general aggregate limit shall be
twice.the7required:occurrence limit.
2. Automobile Liability: $500,000 combined single limit per accident for bodily injury
and property damage.
3. Worker's Compensation arid.Employers Liability: Worker's compensation limits as
required by-the Labor Code.
d: Deductibles-and-.Self=Insured-Retentions. Any deductibles or self=insured retentions must
be declared-to and approved by the CITY. At the option of the CITY, either: -the insurer
shall reduce or eliminate such deductibles or self;-insured retentions as respects the CITY
its officers; officials; employees and volunteers; or SUBRECIPIENT shall procure a bond
guaranteeing-payment of losses and related investigations, claim administration and
defense expenses.
e: Other Insurance:Provisions: The-general.liability and automobile policies shall contain, or
be endorsed-:to-lcontain-the follow, ing:provisions:
1. CITY, its officers;officials; employees; agents and volunteers are to be covered as
insured as respects: liability-arising out of activities performed by or on behalf of
SUBRECIPIENT; products and completed operations of SUBRECIPIENT; premises
owned, occupied or used by SUBRECIPIENT; or automobiles owned, leased, hired or
borrowed by SUBRECIPIENT. The coverage shall contain no special limitations on
the scope of:protection afforded--to the CITY,.its officers, officials, employees, agents
or-Volunteers.
CDBG Agreement
W:C./Housing Authority
Phase II Rehab Page No. 7
representatives.,in.,the matters dealing with the performance of work under this Agreement and
for receipt-of all notices:
CITY: Housing.Specialist
CITY OF WALNUT CREEK
P. O. Box 8039
Walnut:Creek CA 94596
SUBRECIPIENT: RobertMcEwen
Housing:Authority of Contra Costa
P.O. Box 2759
Martinez, CA 94553
IN WITNESS WHEREOF,this Agreement is executed by the City of Walnut Creek and the
Housing Authority of Contra Costa.
.CITY'OF'WALNUT CREEK THE HOUSING AUTHORITY OF
THE-COUNTY OF
CONTRA COSTA
By By:
Don d A...Blubaugh MbktVV4Q&ktt RiRiard J. Martinez
City Manager Dirbadv Executive Director
Reviewed By
City Attorney
Attest:
C ty Clerk