HomeMy WebLinkAboutMINUTES - 05251993 - 1.7 (2) 1 -70
HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA
TO: BOARD OF COMMISSIONERS DATE: May 25, 1993
FROM: Richard J. Martinez, Acting Interim Executive Director cc:
SUBJECT: CASA DEL RIO SENIOR HOUSING DEVELOPMENT
CONTRACT FOR CONSULTANT SERVICES WITH GOLDFARB & LIPMAN
I. RECOMMENDED ACTION
APPROVE Agreement for Consultant Services with Goldfarb&Lipman and AUTHORIZE the Acting Interim
Executive Director to execute the Agreement on behalf of the.Housing Authority of the County of Contra Costa.
Il. FINANCIAL IMPACT:
Payments under this contract are charged to the project budget.
III. REASONS FOR RECOMMENDATION/BACKGROUND
To construct the Casa del Rio Senior Housing Development,the Board of Commissioners obtained construction
loans from Bank of America State Bank and the State of California Department of Housing and Community
Development Rental Housing Construction Program (RHCP) and permanent financing from California Housing
Finance Agency(CHFA). Currently,expected project costs exceed available project funds due to unanticipated change
orders and other unforseen costs. It is important to the project that a funding source for this gap be identified as soon
as possible. One possible funding sources is an increase in the CHFA loan,which will require approval by RHCP.
Due to the complex regulations and policies of CHFA and RHCP,the Housing Authority requires the assistance
of special experts in negotiating this potential first loan increase and preparing amendments to the loan agreements.
Staff'is informed that David Kroot of Goldfarb and Lipman has had experience negotiating loan issues with CHFA and
RHCP.
IV. CONSEQUENCES OF NEGATIVE ACTION:
A decision by the Board of Commissioners not to approve the contract may make it more difficult for the
Housing Authority to obtain the additional financing, which could jeopardize this project.
CONTINUED ON ATIACHIVIENP. SIGNATURI_ (i� J�.✓1 �, , ,! �
9
RF1 OhUdEISMATION OF EXECUTIVE DIRECTOR RECOMMENDAIZON OF BOARD COMMTII'EE
nPPROVE OTHER
SIGNATURE(S)
ACTION OF BOARD ON 3 APPROVED AS RECOMMENDED - OTHER
VOTE OF COMMISSIONERS
x I JNANIMOUS(ABSENT I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT
AYES: NOES: COPY OF AN ACTION TAKEN AND ENTERED ON TIIE
ABSENT. ABSTAIN: MINUTES OF THE BOARD OF COMMISSIONERS ON THE
DATE SHOWN.
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Orig: Housing Authority AITESTED
cC• County Counsel Phil Batchelor,(3erk o the Board of Commissioners
Contact: Marge Gladman (372-7308) e bpWPfg277
BY ,DEPUTY
1 -70
CONTRACT FOR CONSULTANT SERVICES
1 . Parties and Effective Date. Effective May 11, 1993,
the Housing Authority of the County of Contra Costa, a public
body, corporate and politic (hereinafter call "Agency" ) , and
Goldfarb & Lipman (hereinafter called "Consultant" ) , mutually
agree as follows:
2. Term. The term of this agreement shall be from the
effective date through the completion of the assignments
described herein, unless terminated or renewed before then.
3. Consultant Obligations. (a) Consultant shall provide
services in the form of representing the Agency in negotiating
with lenders relating to the Casa Del Rio Senior Housing
Development, preparing loan agreements and/or amendments thereto,
and providing advice related to said action as requested by
Agency. The Consultant with primary responsibility for handling
this matter shall be David Kroot. Any amendment to this scope of
services must be approved in writing by the Board of
Commissioners .
(b) Consultant shall promptly furnish a photocopy of all
correspondence (except routine transmittal correspondence) sent
and received in connection with his services hereunder and all
agreements prepared in connection with his services hereunder to
Agency.
4 . Compensation. In consideration of Consultant' s
provision of services, Agency shall pay Consultant as follows:
a. For services provided: See Schedule attached as
Exhibit A.
b. Reasonable costs, as follows:
1 ) Automobile mileage at the rate of $0. 22 per mile.
2) Reporter' s fees, postage, long distance telephone
charges and duplicating costs.
C. Payments to Consultant under this contract shall not
exceed $10, 000 .
5 . Billing and Payment. Consultant shall submit to the
Agency, a properly documented demand for payment monthly, in the
form and manner prescribed by Agency. The demand for payment
shall itemize the type of services performed, the case in which
the services were performed, the date the services were
performed, who performed the services, and the amount of time
spent on such services .
6 . Independent Contractor Status. This contract is by and
between two independent contractors and is not intended and shall
not be construed to create the relationship of agent, servant,
employee, partnership, joint venture or association.
• 7 . Subcontract and Assignment. Consultant shall not
subcontract any of the work or assign any of his rights or
obligations under this contract without prior written consent of
Agency.
8 . Records . Consultant shall at all times keep a complete
and thorough record of the time expended and services performed
on behalf of Agency and shall also make available to Agency for
audit all such records maintained.
9 . Indemnification. Consultant shall defend, indemnify,
save, and hold harmless 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, errors or omissions of
Attorney or any person under his control, save and except claims
or litigation arising through the sole negligence or willful
misconduct of Agency, and will make good to and reimburse Agency
for any expenditures, including reasonable attorneys fees, Agency
may make by reason of such matters .
10 Insurance. During the entire term of this contract and
any extension or modification thereof, Consultant shall keep in
effect insurance policies providing coverage for general public
liability, including automobiles, at limits deemed acceptable by
Agencyu. Said policies shall be endorsed to name Agency and its
officers and employees as additional insureds, and shall not
lapse or be cancelled except by at least 30 days, advance written
notice to Agency. In addition, Consultant shall keep in effect
insurance policies providing coverage for professional liability
and workers, compensation exposures at limits acceptable to
Agency. Consultant shall provide certificates of insurance
evidencing that these insurance coverages are in effect.
11 . Conflicts of Interest. Consultant shall avoid any
actual or potential conflicts of interest. Consultant agrees to
notify Agency immediately of any case or situation which may
involve an actual or potential conflict of interest.
12. Termination. This contract may be terminated by either
party, at its sole discretion, upon 30 days' written notice to
the other party.
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13. Reports . Consultant shall comply with Government Code
section 7550.
HOUSING AUTHORITY OF GOLDFARB & LIPMAN
THE COUNTY OF CONTRA COSTA
By: By:
Richard J. Martinez,
Acting Interim Executive
Director
Taxpayer Identification Number:
ATTEST: PHIL BATCHELOR,
Clerk of the Board of
Commissioners and County
Administratator
By:
Deputy
M110): contract.ha
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EXHIBIT A
CONSULTANT'S RATE SCHEDULE
as of January 1, 1993
Steven H. Goldfarb $195
Barry R. Lipman 180
M David Kroot 180
Lee C. Rosenthal 180
Roger A. Clay, Jr. 180
Paula S. Crow 180
John T. Nagle 180
Polly V. Marshall 180
Lynn Hutchins 180
Richard A. Judd 180
Peter Franklin 180
James D. Smith 155
Karen M. Tiedemann 155
Thomas H. Webber 155
John T. Haygood 155
Michael I . Berry 145
Dianne A. Jackson-McLean 145
Raymond P. Bolanos 145
Irene M. Shin 135
R. Ren6e Glover 125
Andrew Z. Shagrin 125
Lisa L. Lim 125
David M. Robinson 115
Law Clerks 80
Project Coordinators 80
dfll(3): rate.sch