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Home My WebLink AboutMINUTES - 12042001 - HA.3 HOUSING.AUTHORITY OF THE COUNTY OF CONTRA COSTA TO: BOARD OF COMMISSIONERS #A.,3 FROM: Robert McEwan, Executive Director DATE: DECEMBER 4, 2001 SUBJECT: SERVICE CONTRACT WITH ROGER KAHN TENNIS FOR COMMUNITY SERVICES AT THE BAYO VISTA DEVELOPMENT IN RODEO 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 Roger Kahn Tennis to provide to children ages 6-12 at the Bayo Vista (Rodeo) housing development tennis lessons one day a week for five sessions, each session consisting of five weeks for the period November 1, 2001 to August 31,2002. II. FINANCIAL IMPACT: In consideration for the services provided to the youth of Bayo Vista the Housing Authority will provide up to $5,000 in funding from the Public Housing Drug Elimination Program Grant. 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 development and the surrounding community, since 1992. This service contract with other after school activities will help enhance a healthy and appropriate alternative to drugs for the community's youth. Activities provided to the Bayo Vista Housing Development residents are allowable costs under the federal Housing 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 Roger Kahn Tennis, the services provided to the residents of Bayo Vista and the surrounding community may no longer be available, and this would be a detriment to the development, as well as the community. CONTINUED ON ATTACHMENT: YES SIGNATURE + RECOMMENDATION OF EXECUTIVE DIRECTOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON December 4, 2001 APPROVED AS RECOMMENDED XX OTHER VOTE OF COMMISSIONERS 1 HEREBY CERTIFY THAT THIS IS A X UNANIMOUS (ABSENTNone ) 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 December 4, 2001 JOHN SWEETEN,CLERK OF THE BOARD OF COMMISSIONERS AND COUNTY ADMINISTRATOR B DEPUTY I-I:\iudyhmtz\MSOFFICE\WINWORI)\BOARD\BO-TFNNIS CONTRACf.doc For Office Use Only Number Fund/Org. Account No. Other No. SHORT FORM SERVICE CONTRACT 1. Contract Identification: Subject: Youth Activities--Bayo Vista Tennis Program ?. Parties: The Housing Authority of the County of Contra Costa, California (Authority) and the following named Contractor mutually agree and promise as follows: CONTRACTOR: Roger Kahn Tennis CONTRACTOR'S TAXPAYER ID: CONTRACTOR'S CAPACITY: CONTRACTOR'S ADDRESS: 5618 Florence Terrace, Oakland Ca. 94611 3. Term: The effective date of this Contract is November 1, 2001 and it terminates upon satisfactory completion of scope of work unless otherwise terminated as provided herein. 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. Pa Ment Limit: Authority's total payments to Contractor under this Contract shall not exceed $5,000 unless authorized by Authority in writing by a Supplemental Authorization. 6. Authority'sObligations: In consideration of Contractor's provision of services as described below, and subject to the payment limit expressed herein, Authority shall pay Contractor, upon Contractor's submission of a properly documented demand for payment which shall be submitted not later than 30 days from the end of the month in which the contract services were rendered, and upon approval of such demand by the Executive Director of the Authority or his designee, as follows: (Check one alternative only) ❑ a. Flat Rate: ❑ b. Payment in full after approval by the Executive Director. ® C. As set forth in the attached Payment Provisions. 7. Contractor's Obligations: Contractor shall be responsible for providing the services required to accomplish the following objectives: Provide tennis lessons to children ages 6-15 at Bayo Vista one day a week for five(five week) sessions from November to August 31, 2002. See appendix A. 8. Authority's Obligations: Provide the tennis court and tennis rackets. 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. 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, Housing Authority of the SHORT FORM SERVICE CONTRACT Number County of Contra Costa Page 2 of 2 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 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 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. hrtonunimtiaamis wntrau 200 Ldoc Housing Authority of the SHORT FORM. SERVICE CONTRACT Number County of Contra Costa Pagc 3 of 3 16. Signatures: These signatures attest the parties' agreement hereto: Contractor Signature"A" HOUSING AUTHORITY OF THE ROGER KAHN TENNIS COUNTY OF CONTRA COSTA Ro ert McEwan Roger Kahn, U PT Executive Director Contractor Signature`B" Signature Title 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). lvtommimtz4ainis Ltmtraa 200 Ldoc Housing Authority of the SHORT FORM SERVICE CONTRACT Number County of Contra Costa Page 4 of 4 Payment Provisions I. Contractor shall invoice to Authority on a month by month basis. 2. Invoices shall be directed by Contractor to Authority, addressed as follows: Robert M`-Ewan, Executive Director Housing Authority of the County of Contra Costa P.O. Box 2759 Martinez, CA 94553 3. Invoices shall itemize and describe services rendered and the number of hours used to perform these services, and shall include the date the hours of service were performed. 4. Contractor shall be paid at the rate of S60.-per hour. li:`domtniniinennis eontraa 200 Ldoc 8AYO VISTA TENNIS PROGRAM Scope of Services Ter nis Lessons 15.five weeks sessions: Dates: 1 Fall Fsession Saturday 9=10`am -ages 10.11 am ages 11-1.2noon=ages Class-size:, 10=12 marc Dates: ' 2'Spnntg session Saturday!weekday Hours TBD Dates: 2,Sutmtner session Weekdays Hours TBD i'rogram:' Three`onefiour*:group tennis.lessons. Lessons may include ball riTachrrre training;:games; free play'time' and sportsmanship traimng: Basic lesson-plane-will'cortsist'..of ball machine feeds and practice-for the:ffmt part,of-the-lessons; followed,by free playtime and organized games: Emphasis is on fun safety and play. f?togram Fee: instructor-$6g.00 an hour Approx..$900:00 a session (Max$5,000)