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HomeMy WebLinkAboutMINUTES - 06221999 - C170-C174 250-9840/A.1.1 TO: BOARD OF SUPERVISORS FROM: BARTON J. GILBERT, DIRECTOR OF GENERAL SERVICES Contra Cosa DATE: June 22, 1999 County SUBJECT: APPROVING CONSULTING SERVICES AGREEMENT FOR ARCHITECTURAL SERVICES FOR REMODELING THIRD FLOOR,PHASE II,50 DOUGLAS DRIVE,MARTINEZ,FOR DISTRICT ATTORNEY FAMILY SUPPORT(WH351H,Previously WPA175) SPECIFIC REQUESTS OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION 1. RECOMMENDATION A. APPROVE a consulting services agreement with Interactive Resources, Inc., 117 Park Place, Point Richmond, for architectural services for Remodeling Third Floor, Phase 11, 50 Douglas Drive, Martinez, for District Attorney Family Support. The agreement will be effective June 22, 1999 and will provide for full design and construction observation services, with a payment limit of$62,380.00, which mount shall not be exceeded without prior, written authorization by the Director of General Services. The agreement shall apply to charges for services from and after March 15, 1999. B. AUTHORIZE the Director of General Services to execute the agreement and to issue written authorizations for extra work, provided that the cumulative total extra cost for all such authorizations shall not exceed$6,000.00. 11. FIS NCIAI. I EACS" Funding for this project is available in the .District Attorney Family Support Division budget and is sufficient to cover the amount encumbered by this agreement. III. RF,A FC3R Ru OMMENTDATIQN$IZ3ACKMOUM A. The project involves Phase 11 remodeling on the third floor at 50 Douglas Drive, Martinez to suit the requirements of the District Attorney's offices as described in the draft "Feasibility Study Remodeling for Family Support,"prepared by Interactive Resources, Inc. and dated October 26, 1998. a j CONTINUED ON ATTACHMENT:_, ,.YES SIGNATURE: RECOMMENDATION OF OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COtvE A- APPROVE OTHER SiGNA T URE S'; X / ACTION OF BOARD ON )cr v7 `J APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS UNANIMOUS{ABSENT AYES: NOES: ABSENTS: ,.,_____ABSTAIN: MEDIA CONTACT: BARTON J.GILBERT(313-7100) CC: General Services Department I HEREBY CERTIFY THAT THIS IS A TRUE Architectural Division AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON THE MINUTES OF THE BOARD File: 250-98401A.5 OF SUPERVISORS ON THE DATE SHOWN. County Administrator's Office � �z Auditcr-Controller ATTESTED C_L ` r District,Attorney(Via A/D) PHIL BATCHELOR,CLERK OF THE BOARD OF Consultant(Via AID) SUPERVISORS AND COUNTY ADMINISTRATOR DEPUTY H:\1998\25G9840\8L04069b.doc (Rev.8!14/99) Page 1 of 2 M382(10/88) APPROVING CONSULTING SERVICES AGREEMENT FOR 250-98401A.1.1 ARCHITECTURAL SERVICES FOR REMODELING THIRD FLOOR., June 22, 1999 PHASE II, 50 DOUGLAS DRIVE, MARTINEZ,FOR DISTRICT ATTORNEY FAMILY SUPPORT" (WH351H,Previously WPA175) E. Interactive Resources, Inc. was selected to provide architectural services for this project because it successfully provided services far Phase I remodeling as well as another major remodeling project for the District Attorney and is familiar with District Attorney programs and space requirements. C. Negotiations have been completed and an appropriate agreement is ready to sign. D. The County must proceed with this agreement for architectural services because it does not have sufficient staff to provide the services. H:\1998\2509840\8L04089b.d0c BB:bg:Es (.Rev.8/9/99) Page 2 of 2 M382(10/88) p 71 Contra r "`rata TO: BOARD O SUPERVISORS �� County a FROM: Dennis M. Barry,AICP Community Development Director DATE: .lune 22, 1999 SUBJECT: Cooperation Agreements for the Contra Costa HOME Program Consortiaun SPECIFIC REQUEST(S)OR RECOMMENDATIONS(S)&BACKGROUND AND JUSTIFICATION R EC OtyIMEN DA TITIONS AUTHORIZE the Chair of the Board of Supervisors or his designee to execute Cooperation Agreements between the County of Contra Costa and the Cities of Antioch,Concord,Pittsburg and Walnut Creek for purposes of participating in the HOME Investment Partnership Act Program and cooperatively supporting affordable housing development throughout the Consortium area. _FISCAL MPACT NONE. No General funds are-involved. BA!LKGROUND/REASSQN5 F-Q R C-Q!-M ENENUATIONS In FY 1994,Contra Costa County as the Urban County representative and the Cities of Antioch,Concord,Pittsburg and Walnut Creek joined together to form.the Contra Costa HOME Program Consortium for purposes of participation in the HOME Investment Partnership Act(HOME)Program funded through the U.S. Department 9f Housing and Urban CONTINUED ON ATTACHMENT: 2 YES SIGNATURE: RI1COM—MENDATION OF COUNTY ADMINISTRATOR�jR OMMEN ` ION OF BOARD CO ITTEE APPROVE OTHER l SIGNATURE(S): -� ACTION OF BOAR_?ON '73 r ;_. ; APPROVED AS RECOMMENDE ..'OTHER - VOTE OF SUPERVISORS I _HEREBY CERTIFY THAT THIS IS A ,/ UNANIMOUS(AB ENTX/ _) 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, Contact: Kathleen K. Hamm 335-1257 ATTESTED cc: County Administrator PHIL BATCHELOR,CLERK OF County Counsel THE BOARD OF SUPERVISORS Auditor-Controller AND COUNTY ADMINISTRATOR Community Development Consortium Members via Comm. Develop t. BYE f �:� .ya ,DEPUTY Development (HUD). The Consortium area includes all of Contra Costa with the exception of the City of Richmond,which is a separate Participating Jurisdiction for purposes of participating in HOME. The Contra Costa Consortium receives approximately$2.4 million in HOME funds annually for use in supporting affordable housing development. The goal of the Contra Costa Consortium is to increase the supply of decent,safe,and sanitary housing affordable to lower income households throughout the Consortium area. Since that time,Consortium HOME funds have been used m combination with available federal, state, and local public and private resources to fund projects which,when complete will provide just under 1,100 affordable Dousing units,including. 4 502 units of newly constructed multifamily rental housing affordable to very-low income senior households; 0 192 units of newly constructed and 120 units of rehabilitated multifamily rental housing affordable to extremely-low,very-low and low-income households, including large families and disabled populations; ® affordable homeownership opportunities for 140 lower-income first-time homebuyers and housing rehabilitation assistance for an additional 45 owner-occupant households; and i six units of transitional housing for battered women and their families. City Consortium Members have expressed their desire to continue collaboration in the development of affordable housing through renewal of the Consortium for an additional three years beginning with FY 2000. As specified in the FY 2000 Consortimn,Agreement,Contra Costa County will continue to be the Consortium.Representative for purposes of HOME Program participation. As such,the County will be authorized to act in a representative capacity for all Consortium Members and will be responsible for ensuring that the HOME Program is carried out irr compliance with the National Affordable Housing Act and federal regulations. HOME funds will continue to be distributed through a competitive application process. As Consortium Representative,the County will be responsible for the allocation of HOME funds among eligible activities and projects. The HOME Program will continue to be administered through the Commurnty Development Department. T he Contra Costa Consortium has been successful in improving affordable housing opportunities in the Consortium area. The County's continued participation in the Consortium will greatly facilitate collaborative County and City efforts to further increase and maintain the supply of affordable housing opportunities for Contra Costa employees and residents. KKI 1\H:\DATA\WP60'\C0N2000.wPD COOPERATION AGREEMENT SENT FOR THE CONTRA COSTA HOME PROGRAM CONSORTIUM TITIS AGREEMENT is made by and between the County of Contra Costa, a political subdivision of the State of California(hereinafter called "COUNTY") and the City of—_ Walnuy Creep a duly incorporated City within the County of Contra Costa(hereinafter called "CITE'"). WHEREAS, the Congress of the united States has enacted the Cranston: Gonzalez National Affordable Housing Act of 1990 as amended by the Housing and Community Development Act of 1992 (hereinafter called "Act"), and WHEREAS. Title II of the Act creates the HOS' Investment Partnership Program (hereinafter called "HOME") that provides funds to state and local governments to increase and maintain the supply of housing affordable to lower income households through the acquisition, rehabilitation and new construction of rental housing, the rehabilitation of owner-occupied housing, and the provision of first-tire homebuyer and tenant-based rental assistance; and WHEREAS, Federal regulations under 24 CFR fart 92 have been adopted for p=urposes of implementing the HOS Program pursuant to the Acct; and WHEREAS, Title I of the Act rewires local governments to formulate a Consolidated Plan (hereinafter called "Plan") as part of the eligibility requirements for HOME finds; and WHEREAS, the COUNTY has heretofore qualified as an Urban County under the Housing and Community Development Act of 1974, as amended, and as a Participating Jurisdiction under the National Aftbrdable Housing Act of`1990, the COUNTY is eligible to receive a formula allocation of HOME funds for use in supporting affordable housing activities throughout the Urban County; and WHEREAS,the Acct permits local governments to forte CONSORTIA for purposes of receiving and administering HOME funds and carrying out the purposes of the Act; and WHEREAS, the Acct rewires that a CONSORTIUM shall have one member unit of general local government authored to act in a representative capacity for all member units for purposes of the Act and to assume overall responsibility for ensuring that the Consortiurn"s HOVE program is implemented in accordance with the requirements of the Act; and WHEREAS, the COUNTY solicits Contra Costa CITIES which are not in the Urban County to join with COUNT`' in creating a CONSORTIUM SCIRTIUM for purposes of receiving I ON1E funds and cooperatively supporting affordable housing development throughout the geographic area of the Consortium; and WHEREAS, the CITIES of Antioch., Concord, Pittsburg, and Walnut Creek are not in the Urban County, and have previously joined with the County to create the CONTRA COSTA HOME PROGRAM CONSORTIUM for purposes of participating in the HOME Program during the period FY 1994 through FY 1999; and WHEREAS, the Cities of Antioch, Concord, Pittsburg, and Walnut Creek have expressed interest in joining with COUNTY and the fourteen(14)smaller CITIES within the Urban County to continue participation in the CONTRA COSTA HOME PROGRAM CONSORTIUM for purposes of the HOME Program; and WHEREAS, CI'T'Y now desires to enter into the instant Consortium Agreement with the COUNTY of Contra Costa so that it may continue to qualify, under applicable provisions of the Act and Federal regulations, as co-participant with COUNTY in eligible activities under the Act: THEREFORE, IN CONSIDERATION OF THE FOREGOING, it is agreed that: 1. Purpose. Through this Agreement, CITY and COUNTY agree to jointly form the CONTRA COSTA HOME PROGRAM CONSORTIUM, hereinafter called the "CONSORTIUM", for the purpose of undertaking or assisting in undertaking H011IE-eligible housing activities and projects pursuant to the Act and including, but not limited to the acquisition, rehabilitation, and new construction of rental housing, the rehabilitation of owner--occupied housing, and the provision of first-time homebuyer and tenant-based rental assistance as described in 24 CFR Part 92. 2. Cons rtium Representative. COUNTY shall act as the representative member of the CONSORTIUM for purposes of the Act and implementation of the HOME Program. 3. Consortium R goresentative's Responsibility. COUNTY, as designated representative of the CONSORTIUM, has the responsibility under the Act and in the view of the U.S. Department of Housing and Urban Development(hereinafter"HUD")and the right under this Agreement: (1)to carry out the Consortium's HOME Program in compliance with the requirements of the Act and 24 CFR Part 92; (2) to determine the adequacy of performance under project agreements and procurement contracts; (3) to take appropriate action when problems arise; and (4) to submit documents to HUD as required for participation in the HOME Program. The latter documents include: the five-year Consolidated Plan, Annual Action Plan, and Performance Report as required by 24 CFR Part 91; reports and documentation specific to the HOME Program as specified by 24 CFR Part 92; and such other documents as HUD may require. 4. City Responsibility. CITY agrees to provide COUNTY with complete and accurate information concerning CITY activities as requested by COUNTY for the purpose of implementing and monitoring the HOME Program in accordance with the requirements of the Act and 24 CFR Part 92, including all information COUNTY requests for purposes of preparing the following documents: the five-year Consolidated Plan, including the Annual Action Plan, and Annual Performance Report; reports and documentation specific to the HOME Program as required by 24 CFR Part 92; and such other reports as COUNTY may request to carry out eligible housing activities or meet Federal requirements. All information shalt be submitted on forms prescribed by COUNTY. CITY also agrees to maintain and maize available upon request all records concerning the activities carried out under this agreement for inspection by COUNTY or Federal officials during regular office hours. 5. Consolidated Plan Ap rr� ovpl. CITY shall have thirty (30) calendar days to approve the portions of the Consolidated Plan which pertain to CITY before COUNTY submits final Plan to HUD, after which time the Plan shall be deemed approved by CITY. COUNTY shall incorporate CITY changes in the Plan, if any, provided that they meet the requirements of the Act and implementing regulations, including 24 CFR Part 91 for the Plan, and 24 CFR Part 92 for the HOME Program. 6. Additional Responsibilities. Each party to this Agreement shall affirmatively further equal opportunity and fair housing in accordance with the requirements of 24 CFR Part 92.350. ?. Approval Responsibility. a. As the Consortium representative, COUNTY shall have final right, in County's discretion, to approve the allocation of HOME funds among eligible activities and projects to improve affordable housing opportunities. b. COUNTY shall be assisted in this process by the Affordable Housing Finance Committee(hereinafter called "COMMITTEE")to be appointed by the County Board of Supervisors and composed of nine members with expertise in affordable housing development, including six members to be nominated by COUNTY and three to be nominated by the eighteen Cities located within the geographic boundaries of the Contra Costa HOME Program Consortium. With regard to the City nominees, the County will be divided into three regions, East County, Central County, and West County, with one Committee representative nominated by the City Managers in each region. C. The COMMITTEE will develop recommendations for the Board. of Supervisors concerning the allocation of HOME funds among eligible affordable housing programs and projects. The Contra Costa County Community Development Department will be responsible for initiation of a competitive application process for HOME funds. The Department will analyze and evaluate all proposals submitted with regard to priorities established in the Consolidated Plan and eligibility under federal regulations. Preliminary funding recommendations will be developed for review and consideration by the COMMITTEE. The COMMITTEE will review the preliminary recommendations and will develop final recommendations for review and consideration by the Board of Supervisors. d. CITY shall approve each project funded with HOME funds within their City boundaries prior to COUNTY approval of funding for such projects with HOME funds, provided that the CITY approval or disapproval shall not obstruct implementation of the approved Consolidated Plan for the CONSORTIUM. 4. Communications. CITE' designates � City Manager or his/her designee as the CITE' representative to whore all notices and communications from COUNTY shall be directed. COU NTY's duty to notify CITY shall be complete when the communication is sent to the designated representative. It is the exclusive duty of the designated representative to notify the appropriate individuals and departments within the CITY. All communications between CITY and.COUNTY rewired herein shall be seat to the following addresses:. CITE'': Ciy anaper City of Waln,,,t: Creek 1666 N_.___M_a_in St. ria,"rapt Creek, CA 94596 COUNTY: Contra Costa County Community Development Department 651 Pine Street, 4th Floor/North'Wing Martinez, California 94553 Attn: Deputy Director o Redevelopment 9. Mold Harmless Provisions. a. Pursuant to Government Code Section 495.4, CITE.'shall defend, indemnify, and bold harmless COUNTY, its officers, employees, and agents from all claims, costs, suits, actions, or losses of any type, and from liability for any fines, penalties, or damages of any type, resulting from CI'TY's negligent or wrongful performance of this Agreement and caused by any act or emission of CITE', including failure to comply with any requirement of the Act or the I-IDiME Program described herein, except to the extent that any such claims, costs, suits, actions, losses, or liability arise from any act or omission of COUNTY. b. Pursuant to Government Code Section 495.4, COUNTY shall defend, indemnify, and hold harmless CIT` , its officers, employees, and agents from all claims, costs, suits, actions, or losses of any tyke, and from liability for any fines, penalties, or damages of any type, resulting from COI.IN TY's negligent or wrongful performance of this Agreement and caused by any act or omission of COUNTY, including failure to comply with any requirement of the Act or the I ONIE Program described herein, except to the extent that any such claims, costs, waits, actions, losses, or liability arise from any act or omission of CITY, C. Each CITE'participating in the Contra Costa HOME Program CONSORTIUM shall defend, indemnify, and hold harmless all other participating CITIES for CITE 's negligent acts or omissions arising from. this Agreement. 10. T . This Agreement shall go into effect immediately upon the signature of both parties and shall continue in f ill force and effect until all activities funded for Federal fiscal years during which COUNTY and CITY were participating jurisdictions in the CONSORTIUM are completed pursuant to 24 CFR 92.507. a, COUNTY and CITY will be included in the CONSORTIUM for a minimum of three (3) Federal fiscal years beginning in FY 2000. No Consortium Member may withdraw from the Agreement while the Agreement remains in effect. b. The program year for all Consortium Members begins on July 1. 11. Additional Members. COUNTTY as the lead representative of the Consortium shall be authorized to amend the Agreement on behalf of the entire CONSORTIUM to add new members to the Consortium. 12. i Inor Arntn _". Should it became necessary to change the language of this Agreement to meet HUD approval, without making major changes and without altering the intent of the Agreement, such changes may be made administratively with the written consent of both the City Manager of CI'T'Y and the CHAIN of the COUNTY Board of Supervisors. 13. Headings. The headings in this document are merely for the convenience of the parties, and do not form a material part of this document. -Headings shall not be considered in the construction of this document. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year written below. CITY OF WALNUT CREEK � COQ �OUNIT�', BY: BY: Mayor h er, Bo rd of Supervisors I hereby certify that the Mayor was hereby certify that the Chair of the duly authorized to execute this docu¢ Board of Supervisors was duly authorized inept on behalf of the City of to execute this document on behalf of by a the County of Contra Costa by a majority majority vote of the City vote of the.Board of Supervisors on Council on,-)2&44 ATTEST City Clerk Clerk of the Board of Supervisors and County Administrator APPROVED AS TO FORM: APPROVED AS TO FORM- City Attorney County Counsel ALL-PURPOSE ACKNOWLEDGMENT State of California } County of Conga Costa ) On 5/25/99 before me, Edith Rapella, Notary Public Date Name and Title of Officer (i.e., Your Name, Notary Public) personally appeared Gwen. Regalia, Mayor Name(s)of Document Signer(s) personally known to me (or proved to me on the bads of satisfactory evidence) to be the person(s) whose name(s) Is/are subscribed to the within Instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(les), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Edith Rawa Signature of Notary Cumm.01446081 ' NOTARY ft&jo•CAL4FO;fi ` CofkT! a!TA COUNTY 2001 (Affix seal in the above blank space) i 1 -71 COOPERATION AGREEMENT FOR THE CONTRA COSTA HOME PROGRAM CONSORTIUM THIS AGREEMENT is made by and between the County of Centra Costa, a political subdivision of the State of California (hereinafter called "COUNTY") and the City of Pittsburg, a duly incorporated City within the County of Contra Costa(hereinafter called "CITY") WHEREAS, the Congress of the United States has enacted the Cranston Gonzalez National Affordable Housing Act of 1990 as amended by the Housing and Community Development Act of 1992 (hereinafter called "Act"), and WHEREAS, Title 11 of the Act creates the HOME Investment Partnership Program (hereinafter called "HOME") that provides funds to state and local governments to increase and maintain the supply of housing affordable to lower income households through the acquisition, rehabilitation and new construction of rental housing, the rehabilitation of owner-occupied housing, and the provision of first-time homebuyer and tenant-based rental assistance; and WHEREAS, Federal regulations under 24 CFR Part 92 have been adopted for purposes of implementing the HOME Program pursuant to the Act; and WHEREAS, Title I of the Act requires local governments to formulate a Consolidated Plan, (hereinafter called "Plan") as part of the eligibility requirements for HOME Funds; and WHEREAS, the COUNTY has heretofore qualified as an Urban County under the Housing and Community Development Act of 1974, as amended, and as a Participating Jurisdiction under the National.Affordable Housing Act of 1990, the COUNTY is eligible to receive a formula allocation of HOME Funds for use in supporting affordable housing activities throughout the Urban County; and WHEREAS, the Act permits local governments to form CONSORTIA for purposes of receiving and administering HOME Funds and carrying out the purposes of the Act; and WHEREAS, the Act requires that a CONSORTIUM shall have one member unit of general local government authorized to act in a representative capacity for all member units for purposes of the Act and to assume overall responsibility for ensuring that the Consortium's HOME program is implemented in accordance with the requirements of the Act; and WHEREAS, the COUNTY solicits Contra Costa CITIES which are not in the Urban County to join with COUNTY in creating a CONSORTIUM for purposes of receiving HOME funds and cooperatively supporting affordable housing development throughout the geographic area of the Consortium.; and WHEREAS, the CITIES of Antioch, Concord, Pittsburg, and Walnut Creep are not in the Urban County, and have previously joined with the County to create the CONTRA COSTA HOME PROGRAM CONSORTIUM for purposes of participating in the HOME Program during the period FY 1994 through FY 1999; and WHEREAS, the Cities of Antioch; Concord, Pittsburg, and Walnut Creek have expressed interest in joining with COUNTY and the fourteen (14) smaller CITIES within the Urban County to continue participation in the CONTRA COSTA HOME PROGRAM CONSORTIUM for purposes of the HOME Program; and WHEREAS, CITY now desires to enter into the instant Consortium Agreement with the COUNTY of Contra Costa so that it may continue to qualify, under applicable provisions of the Act and Federal regulations, as co-participant with COUNTY in eligible activities under the Act: _ THEREFORE, IN CONSIDERATION OF THE FOREGOING, it is agreed that: 1. LuMa . Through this Agreement, CITY and COUNTY agree to jointly form the CONTRA COSTA HOME PROGRAM CONSORTIUM, hereinafter called the "CONSORTIUM", for the purpose of undertaking or assisting in undertaking HOME-eligible housing activities and projects pursuant to the Act and including, but not limited to the acquisition, rehabilitation, and new construction of rental housing, the rehabilitation of owner-occupied housing, and the provision of first-time homebuyer and tenant-based rental assistance as described in 24 CFR fart 92. 2. on orli r�enlat'v . COUNTY shall act as the representative member of the CONSORTIUM for purposes of the Act and implementation of the HOME Program. 3. Cmorti }m rsentatiy_e'i Rei onn sibil_ity. COUNTY, as designated representative of the CONSOR'T'IUM, has the responsibility under the Act and in the view of the U.S. Department of Housing and Urban Development (hereinafter "HUD ) and the right under this Agreement: (1) to carry out the Consortium's HOME Program in compliance with the requirements of the Act and 24 CFR Part 92; (2) to determine the adequacy of performance under project agreements and procurement contracts; (3) to take appropriate action when problems arise; and (4) to submit documents to HUD as required for participation in the HOME Program. The latter documents include: the five-year Consolidated P 1 an, Annual Action Plan, and Performance Report as required by 24 CFR Part 91; reports and documentation specific to the HOME Program as specified by 24 CFR Part 92; and such other documents as HUD may require. 4. ity R eapQ ibilhy. CITY agrees to provide COUNTY with complete and accurate information concerning CITY activities as requested by COUNTY for the purpose of implementing and monitoring the HOME Program in accordance with the requirements o the Act and 24 CFR. Part 92, including all information COUNTY requests for purposes of preparing the following documents: the five-year Consolidated Flan, including the Annual Action Plan, and Annual Performance Report; reports and documentation specific to the HOME Program as required by 24 CFR.. Part 92; and such other reports as COUNTY may request to carry out eligible housing activities or meet Federal requirements. All information shall be submitted on forms prescribed by COUNTY. CITY also agrees to maintain and snake available upon request all records concerning the activities carried out under this agreement for inspection by COUNTY or Federal officials during regular office hours. 2 5. Consolidated Plan Ap royal, CITY shall have thirty (30) calendar days to approve the portions of the Consolidated Plan, which pertain to CITY before COUNTY submits final Plan to HUD, after which time the Plan shall be deemed approved by CITY. COUNTY shall incorporate CITY changes in the Plan, if any, provided that they meet the requirements of the Act and implementing regulations, including 24 CFR. Part 91 for the Plan, and 24 CFP. Part 92 for the HOME Programa 6. Additignal Responsibi itie . Each party to this Agreement shall affirmatively further equal opportunity and fair housing in accordance with the requirements of 24 CFR Part 9.2.350. 7. Art mal Resoonsibil;ty. a. As the Consortium representative, COUNTY shall have final right, in County's discretion, to approve the allocation of HOME finds among eligible activities and projects to improve affordable housing opportunities. b. COUNTY shall be assisted in this process by the Affordable Housing Finance Committee (hereinafter called "COMMITTEE") to be appointed by the County Board of Supervisors and composed of nine members with expertise in affordable housing development, including six members to be nominated by COUNTY and three to be nominated by the eighteen Cities located within the geographic boundaries of the Contra Costa HOME Program Consortium. With regard to the City nominees, the County will be divided into three regions, East County, Central County, and West County,with one Committee representative nominated by the City Managers in each region. C. The COMMITTEE will develop recommendations for the Board of Supervisors concerning the allocation of HOME funds among eligible affordable housing programs and projects. The Contra Costa County Community Development Department will be responsible for initiation of a competitive'application process for HOME funds. The Department will analyze and evaluate all proposals submitted with regard to priorities established in the Consolidated Plat, and eligibility under federal regulations. Preliminary funding recommendations will be developed for review and consideration by the COMMITTEE. The COMMITTEE will review the preliminary recommendations and will develop final recommendations for review and consideration by the Board of Supervisors. d. CITY shall approve each project funded with HOME finds within their City boundaries prior to COUNTY approval of funding for such projects with HOME funds, provided that the CITY approval or disapproval shall not obstruct implementation of the approved Consolidated Plan for the Consortium. 3 8. Cgmmmiujigm. CITY designates JEFFREY C. KOLIN or his/her designee as the CITY representative to whom all notices and communications from COUNTY shall be directed. COUNTY's duty to notify CITY shall be complete when the communication is sent to the designated representative. It is the exclusive duty of the designated representative to notify the appropriate individuals and departments within the CITY. All communications between CITY and COUNTY required herein shall be sent to the following addresses: CITY: Jeffrey C. Kolin City Manager City of Pittsburg 2020 Railroad Avenue Pittsburg, California 94565 COUNTY: Contra Costa County Community Development Department 651 Pine Street, 4th Floor/North Wing Martinez, California 94553 Ann: Deputy Director-Redevelopment 9. No1d H=1gss Pr-Qvisigna. a. Pursuant to Government Code Section 895.4, CITY shall defend, indemnify, and hold harmless COUNTY, its officers, employees, and agents from all claims, costs, suits, actions, or losses of any type, and from liability for any fines, penalties, or damages of any type, resulting from CITY's negligent or wrongful performance of this Agreement and caused by any act or omission of CITY, including failure to comply with any requirement of the Act or the HOME Program described herein, except to the extent that any such claims, costs, suits, actions, losses, or liability arise from any act or omission of COUNT TY, b. Pursuant to Government Code Section 895.4, COUNTY shall defend, indemnify, and hold harmless CITY, its officers, employees, and agents from all claims, costs, suits, actions, or losses of any type, and from liability for any fines, penalties, or damages of any type, resulting from COL`NTY's negligent or wrongful performance of this Agreement and caused by any act or omission. of COUNTY, including failure to comply with any requirement of the Act or the HOME Program described herein, except to the extent that any such claims, costs, suits, actions, losses, or liability arise from any act or omission of CITY. C. Each CITY participating in the Contra Costa HOME Program CONSORTIUM shall defend, indemnify, and hold harmless all other participating CITIES for CITY's negligent acts or omissions arising from this Agreement. 10. . This Agreement shall go into effect immediately upon the signature of both parties and shall continue in full force and effect until all activities funded for Federal fiscal years during which COUNTY and CITY were participating jurisdictions in the CONSORTIUM are completed pursuant to 24 CFR 92.507. 4 a. COUNTY and CITY will be included in the CONSORTIUM for a minimum of three (3)Federal fiscal years beginning in FY 2000. No Consortium Member may withdraw from the Agreement while the Agreement remains in effect. b. The program year for all Consortium Members begins on July 1. 11. AdditignUMQmhm. COUNTY as the lead representative of the Consortium shall be authorized to amend the Agreement on behalf of the entire CONSORTIUM to add new members to the Consortium.. 12. in Anendmen15, Should it become necessary to change the language of this Agreement to meet HUD approval, without making major changes and without altering the intent of the Agreement, such changes may be made administratively with the written consent of both the City Manager of CITY and.the CHAIR of the COUNTY Board of Supervisors. 13. The headings in this document are merely for the convenience of the parties, and do not form a material part of this document. Headings shall not he considered in the construction of this document. IN WITNESS WHEREOF,the parties have executed this Agreement the day and year written below. CITY C PITTSBUR7x CONT COSTA COUNTY T BY or h , Bay d of Supervisors I hereby certify that the Mayor was hereby certify that the Chair of the duly authorized to execute this docu- Board of Supervisors was duly authorized ment on behalf of the City of Pittsburg to execute this document on behalf of by a majority vote of the City the County of Contra Costa by a majority Council onvote of the Board of Supervisors on errs Vic` ATTEST: ATTEST: VePUAl City Clerk Clerk of the Board of Supervisors and County Administrator P VEIL T FOR\4: APPROVED AS TO FORM: City homey County Counsel .. `o/ COOPERATION AGREEMENT FOR THE CONTRA COSTA HOME PROGRAM CONSORTIUM THIS AGREEMENT is made by and between the County of Contra Costa, a political subdivision of the State of California (hereinafter called "COUNTY") and the City of c cnaord , a duly incorporated City within the County of Contra Costa(hereinafter called "CITY"). WHEREAS, the Congress of the United States has enacted the Cranston Gonzalez National Affordable Housing Act of 1990 as amended by the Housing and Community Development Act of 1992 (hereinafter called "Act"), and WHEREAS, Title II of the Act creates the HOME Investment Partnership Program (hereinafter called "HOME") that provides funds to state and local governments to increase and maintain the supply of housing affordable to lower income households through the acquisition, rehabilitation and new construction of rental housing, the rehabilitation of owner-occupied housing, and the provision of first-time homebuyer and tenant-based rental assistance; and WHEREAS, Federal regulations under 24 CFR Part 92 have been adopted for purposes of implementing the HOME Program pursuant to the Act; and WHEREAS, Title I of the Act requires local governments to formulate a Consolidated Plan (hereinafter called "Plan") as part of the eligibility requirements for HOME funds; and WHEREAS, the COUNTY has heretofore qualified as an Urban County under the Housing and Community Development Act of 1974, as amended, and as a Participating Jurisdiction under the National Affordable Housing Act of 1990, the COUNTY is eligible to receive,a formula allocation of HOME funds for use in supporting affordable housing activities throughout the Urban County; and WHEREAS, the Act permits local governments to form CONSORTIA for purposes of receiving and administering HOME funds and carrying out the purposes of the Act; and WHEREAS, the Act requires that a CONSORTIUM shall have one member unit of general local government authorized to act in a representative capacity for all member units for purposes of the Act and to assume overall responsibility for ensuring that the Consortium's HOME program is implemented in accordance with the requirements of the Act; and WHEREAS, the COUN'T'Y solicits Contra Costa CITIES which are not in the Urban County to join with COUNTY in creating a CONSORTIUM for purposes of receiving HOME funds and cooperatively supporting affordable housing development throughout the geographic area of the Consortium; and 11 WHEREAS, the CITIES of Antioch, Concord, Pittsburg, and Walnut Creek are not in the Urban County, and have previously joined with the County to create the CONTRA COSTA HOME 4124 PROGRAM:CONSORTIUM for purposes of participating in the HOME Program during the period FY 1994 through FY 1999; and WHEREAS, the Cities of Antioch, Concord, Pittsburg, and Walnut Creek have expressed interest in joining with COUNTY and the fourteen(14) smaller CITIES within the Urban County to continue participation in the CONTRA COSTA HOME PROGRAM CONSORTIUM for purposes of the HOME Program; and WHEREAS, CI'T'Y now desires to enter into the instant Consortium Agreement with the COUNTY of Contra Costa so that it may continue to qualify, under applicable provisions of the Act and Federal regulations, as co-participant with COUNTY in eligible activities under the Act: THEREFORE, IN CONSIDERATION OF THE FOREGOING, it is agreed that: I. ase. Through this Agreement, CITY and COUNTY agree to jointly form the CONTRA COSTA HOME PROGRAM CONSORTIUM; hereinafter called the "CONSORTIUM", for the purpose of undertaking or assisting in undertaking HOME-eligible housing activities and projects pursuant to the Act and including, but not limited to the acquisition, rehabilitation, and new construction of rental housing,the rehabilitation of owner-occupied housing, and the provision of first-time homebuyer and tenant-based rental assistance as described in 24 CFR Part 92. 2. CQn5_Q_rtium Representative. COUNTY shall act as the representative member of the CONSORTIUM for purposes of the Act and implementation of the HOME Program, 3, Consortium Eg rem sen olive`s Responsibility. COUNTY, as designated representative of the CONSORTIUM, has the responsibility under the Act and in the view of the U.S. Department of Housing and Urban Development(hereinafter"HUD")and the right under this Agreement: (1)to carry out the Consortium's HOME Program in compliance with the requirements of the Act and 24 CFR Part 92; (2) to determine the adequacy of performance under project agreements and procurement contracts; (3) to take appropriate action when problems arise; and (4) to submit documents to HUD as required for,participation in the HOME Program. The latter documents include: the five-year Consolidated Plan, Annual Action Plan, and Performance Report as required by 24 CFR Part 91; reports and documentation specific to the HOME Program as specified by 24 CFR Part 92; and such other documents as HUD may require. 4. City Responsibility. CITY agrees to provide COUNTY with complete and accurate information concerning CITY activities as requested by COUNTY for the purpose of implementing and monitoring the HOME Program in accordance with the requirements of the Act and 24 CFR Part 92, including all information COUNTY requests for purposes of preparing the following documents: the five-year Consolidated Plan, including the Annual Action Plan, and Annual Performance Report; reports and documentation specific to the HOME Program as required by 24 CFR Part 92; and such ether reports as COUNTY may request to carry out eligible housing activities or meet Federal requirements. All information shall be submitted on forms prescribed by COUNTY. CITY also agrees to maintain and make available upon request all records concerning the activities carried out under this agreement for inspection by COUNTY or Federal officials during regular office hours. 5. Consolidated Plan Approval. CITY shall have thirty (30) calendar days to approve the portions of the Consolidated Plan which pertain to CITY before COUNTY submits final Plan to HUD, after which time the Plan shall be deemed approved by CITY. COUNTY shall incorporate CITY changes in the Plan, if any, provided that they meet the requirements of the Act and implementing regulations, including 24 CFR Part 91 for the Plan, and 24 CFR Part 92 for the HOME Program. 6. Additional Responsibilities. Each party to this Agreement shall affirmatively further equal opportunity and fair housing in accordance with the requirements of 24 CFR Part 92.350. T Approval Responsibility. a. As the Consortium representative, COUNTY shall have final right, in County's discretion, to approve the allocation of HOME funds among eligible activities and projects to improve affordable housing opportunities, b. COUNTY shall be assisted in this process by the Affordable Housing Finance Committee(hereinafter called "COMMITTEE")to be appointed by the County Board of Supervisors and composed of nine members with expertise in affordable housing development, including six members to be nominated by COUNTY and three to be nominated by the eighteen Cities located within the geographic boundaries of the Contra Costa HOME Program Consortium. With regard to the City nominees, the County will be divided into three regions, East County, Central County, and West County, with one Committee representative nominated by the City Managers in each region. C, The COMMITTEE will develop recommendations for the Board of Supervisors concerning the allocation of HOME funds among eligible affordable housing programs and projects. The Contra Costa County Community Development Department will be responsible for initiation of a competitive application process for HOME funds. The Department will analyze and evaluate all proposals submitted with regard to priorities established in the Consolidated Plan and eligibility under federal regulations. Preliminary funding recommendations will be developed for review and consideration by the COMMITTEE. The COMMITTEE will review the preliminary recommendations and will develop final recommendations for review and consideration by the Board of Supervisors. d. CITY shalt approve each project funded with HOME funds within their City boundaries prior to COUNTY approval of funding for such projects with HOME funds, provided that the CITY approval or disapproval shall not obstruct implementation of the approved Consolidated Plan for the CONSORTIUP& 8. Communications. CITY designates Janet: Kennedy or his/her designee as the CITY representative to whom all notices and communications from COUNTY shall be directed. COUNTY's duty to notify CITY shall be complete when the communication is sent to the designated representative. It is the exclusive duty of the designated representative to notify the appropriate individuals and departments within the CITY. All communications between CITY and COUNTY required herein shall be sent to the following addresses: CITY: _City of Concord 1950 Parkside give Ms/27 Concord, CA 94519 Attn: Housing and Neighborhood Services Manager COUNTY: Contra Costa County Community Development Department 651 Pine Street, 4th Floor/North Wing Martinez, California 94553 Attn: Deputy Director- Redevelopment 9. Hold Harmless Provisions. a. Pursuant to Government Code Section 895.4, CITY shall defend, indemnify, and hold harmless COUNTY, its officers, employees, and agents from all claims, costs, suits, actions, or losses of any type, and from liability for any fines, penalties, or damages of any type, resulting from CITY's negligent or wrongful performance of this Agreement and caused by any act or omission of CITY, including failure to comply with any requirement of the Act or the HOME Program described herein, except to the extent that any such claims, costs, suits, actions, losses, or liability arise from any act or omission of COUNTY. b. Pursuant to Government Code Section 895.4, COUN'T'Y shall defend, indemnify, and hold harmless CITY, its officers, employees, and agents from all claims, costs, suits, actions, or losses of any type, and from liability for any fines, penalties, or damages of any type, resulting from COUNTY's negligent or wrongful performance of this Agreement and caused by any act or omission of COUNTY, including failure to comply with any requirement of the Act or the HOME Program described herein, except to the extent that any such claims, casts, suits, actions, losses, or liability arise from any act or omission of CITY. c. Each CITY participating in the Contra Costa HOME Program CONSORTIUM shall defend, indemnify, and hold harmless all other participating CITIES for CITY's negligent acts or omissions arising from this Agreement. 10. hrm. This Agreement shall go into effect immediately upon the signature of both parties and shall continue in full force and effect until all activities funded for Federal fiscal years during which COUNTY and CITY were participating jurisdictions in the CONSORTIUM are completed pursuant to 24 CFR.92.507. a. COUNTY and CITY will be included in the CONSORTIUM for a minimum of three (3) Federal fiscal years beginning in FY 2000. No Consortium Member may withdraw from the Agreement while the Agreement remains in effect. b. The program year for all Consortium Members begins on July 1. 11. Additional Members. COUNTY as the lead representative of the Consortium shall be authorized to amend the Agreement on behalf of the entire CONSORTIUM to add new members to the Consortium. 12. Minor Amendments. Should it become necessary to change the language of this Agreement to meet HULA approval, without making major changes and without altering the intent of the Agreement, such changes may be made administratively with the written consent of both the City'Manager of CITY and the CHAIR of the COUNTY Board of Supervisors. 13. H in . The headings in this document are merely for the convenience of the parties, and do not form a material part of this document. .Headings shall not be considered in the construction of this document. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year written below. CITY O d N A. ;hereby " COS UNITY BY: s n . ,�'' : Mayor Michael A. Past:rick h ' , Boar of Supervisors I hereby certify that the Mayor was certify that else Chair of the duty authorized to execute this docu- Board of Supervisors was duly authorized ment on behalf of the City of to execute this document on behalf of Concord by a the County of Contra Costa by a majority majority vote of the City vote of the Board of Supervisors on Council on May 11, 1999 I r ATTEST: i ATTEST: Asst. City Clerk Clerk of the Board of Supervisors da County Administrator API'R VEI3 AS O FOR'-\ APPROVED AS TO FORM: �N City Attorney k. County Counsel Ljv —ij'k5/Co x2000 COOPERATION AGREEMENT FOR THE CONTRA COSTA ROME PROGRAM CONSORTIUM THIS AGREEMENT is made by and between the County of Contra Cosh, a political subdivision of the State of California (hereinafter called "COUNTY") and the City of Antioch , a duty incorporated City within the County of Contra Costa(hereinafter called "CITY"). WHEREAS, the Congress of the United States has enacted the Cranston Gonzalez National Affordable Housing Act of 1990 as amended by the Housing and Community Development Act of 1992 (hereinafter called "Act"), and WHEREAS, Title II of the Act creates the HOME Investment Partnership Program (hereinafter called "HOME") that provides funds to state and local governments to increase and maintain the supply of housing affordable to lower income households through the acquisition, rehabilitation and new construction of rental housing, the rehabilitation of owner-occupied housing, and the provision of first-time homebuyer and tenant-based rental assistance; and WHEREAS, Federal regulations under 24 CPR Part 92 have been adopted for purposes of implementing the HOME Program pursuant to the Act; and WHEREAS, Title I of the Act requires local governments to formulate a Consolidated Plan (hereinafter called "Plan") as part of the eligibility requirements for HOME funds; and WHEREAS, the COUNTY TY has heretofore qualified as an Urban County under the Housing and Community Development Act of 1974, as amended, and as a Participating Jurisdiction under the National Affordable Housing Act of 1990, the COUNTY is eligible to receive a formula allocation of HOME funds for use in supporting affordable housing activities throughout the Urban County; and WHEREAS, the Act permits local governments to form CONSORTIA for purposes of receiving and administering HOME funds and carrying out the purposes of the Act; and WHEREAS, the Act requires that a CONSORTIUM shall have one member unit of general local government authorized to act in a representative capacity for all member units for purposes of the Act and to assume overall responsibility for ensuring that the Consortium's HOME program is implemented in accordance with the requirements of the Act; and WHEREAS, the COUNTY solicits Contra Costa CITIES which are not in the Urban County to join with COUNTY in creating a CONSORTIUM for purposes of receiving HOME. funds and cooperatively supporting affordable housing development throughout the geographic area of the Consortium; and 11 WHEREAS, the CITIES of Antioch, Concord, Pittsburg, and Walnut Creek are not in the Urban County, and have previously joined with the County to create the CONTRA COSTA HOME PROGRAM CONSORTIUM for purposes of participating in the HOME Program during the period FY 1994 through FY 1999; and WHEREAS, the Cities of Antioch, Concord, Pittsburg, and Walnut Creek have expressed interest in joining with COUN'T'Y and the fourteen(14) smaller CITIES within the Urban County to continue participation in the CONTRA COSTA HOME PROGRAM CONSORTIUM for purposes of the HOME Program; and WHEREAS, CITY now desires to enter into the instant Consortium Agreement with the COUNTY of Contra Costa so that it may continue to qualify, under applicable provisions of the Act and Federal regulations, as co-participant with COUNTY in eligible activities under the Act: THEREFORE, IN CONSIDERATION OF THE FOREGOING, it is agreed that: I. Pur . Through this Agreement, CITY and COUNTY agree to jointly form the CONTRA COSTA HOME PROGRAM CONSORTIUM, hereinafter called the "CONSORTIUM", for the purpose of undertaking or assisting in undertaking HOME-eligible housing activities and projects pursuant to the Act and including, but not limited to the acquisition, rehabilitation., and new construction of rental housing, the rehabilitation of owner-occupied housing, and the provision of first-time homebuyer and tenant-based rental assistance as described. in 24 CFR Part 92, 2. Consortium. Renresentativ . COUNTY shall act as the representative member of the CONSORTIUM for purposes of the Act and implementation of the HOME Program, 3. Consortium Representative's Responsibility. COUNTY, as designated representative of the CON,SORTIL`M, has the responsibility under the Act and in the view of the U.S. Department of Housing and Urban Development (hereinafter"HUD")and the right under this Agreement: (1)to carry out the Consortium's HOME Program in compliance with the requirements of the Act and 24 CFR Part 92; (2) to determine the adequacy of performance under project agreements and procurement contracts, (3) to take appropriate action when problems arise; and (4) to submit documents to HUD as required for participation in the HOME Program. The latter documents include: the five-year Consolidated Plan, Annual Action Plan, and Performance Report as required by 24 CFR Part 91; reports and documentation specific to the HOME Program as specified by 24 CFR Part 92; and such other documents as HUD may require. 4. City Responsibility. CITY agrees to provide COUNTY with complete and accurate information concerning CITY activities as requested by COUNTY for the purpose of implementing and monitoring the HOME Program in accordance with the requirements of the Act and 24 CFR Part 92, including all information COUNTY requests for purposes of preparing the following documents: the five-year Consolidated Plan, including the Annual Action Plan, and Annual Performance Report; reports and documentation specific to the HOME Program as required by 24 CFR Part 92; and such other reports as COUNTY may request to carry out eligible housing activities or meet Federal requirements. All information shall be submitted on forms prescribed by COUNTY. CITY also agrees to maintain and make available upon request all records concerning the activities carried out under this agreement for inspection by COUNTY or Federal officials during regular office hours. 5. CQnsolidattd Plan A rp oval. CITY shall have thirty (30) calendar days to approve the portions of the Consolidated Plan which pertain to CITY before COUNTY submits final Plan to HUD, after which time the Plan shall be deemed approved by CITY. COUNTY shall incorporate CITY changes in the Plan, if any, provided that they meet the requirements of the Act and implementing regulations, including 24 CFR Part 91 for the Plan, and 24 CFR Part 92 for the HOME Program. 6. Additional Responsibilities. Each party to this Agreement shall afrinatively further equal opportunity and fair housing in accordance with the requirements of 24 CFR Part 92.350. 7. Approval RespQnaibility. a. As the Consortium representative, COUNTY shall have final right, in County's discretion, to approve the allocation of HOME funds among eligible activities and projects to improve affordable housing opportunities. b. COUNTY shall be assisted in this process by the Affordable Housing Finance Committee(hereinafter called "COT'v MITTEE")to be appointed by the County Board of Supervisors and composed of nine members with expertise in affordable housing development, including six members to be nominated by COUNTY and three to be nominated by the eighteen Cities located within the geographic boundaries of the Contra Costa HOME Program. Consortium. With regard to the City nominees, the County will be divided into three regions, East County, Central County, and West County, with one Committee representative nominated by the City?Managers in each region. C. The COMMITTEE will develop recommendations for the Board of Supervisors concerning the allocation of HOME funds among eligibleaffordable housing programs and projects. The Contra Costa County Community Development Department will be responsible for initiation of a competitive application process for HOME funds. The Department will analyze and evaluate all proposals submitted with regard to priorities established in the Consolidated Plan and eligibility under federal regulations. Preliminary funding recommendations will be developed for review and consideration by the COMMITTEE. The COMMITTEE will review the preliminary recommendations and will develop final recommendations for review and consideration by the Board of Supervisors. d. CITY shall approve each project funded with HOME funds within their City boundaries prior to COUNTY approval of funding for such projects with HOME funds, provided that the CITY approval or disapproval shall not obstruct implementation of the approved Consolidated Plan for the CONSORTIUM. 8. Communications. CITY designates Douglas R. guard or his/her designee as the CITY representative to whom all notices and communications from COUNTY shall be directed. COUNTY's duty to notify CITY shall be complete when the communication is sent to the designated representative. It is the exclusive duty of the designated representative to notify the appropriate individuals and departments within the CITY. All communications between CITY and COUNTY required herein shall be sent to the following addresses: CITY: CITY OF ANTIOCH 3RD & "H" STREETS ANTIOCH, CA 94509 COUNTY: Contra Costa County Community Development Department 651 Pine Street, 4th Floor/North Wing Martinez, California 94553 Attn: Deputy Director - Redevelopment 9. Held Harmless Provisions. a. Pursuant to Government Code Section 895.4, CITY shall defend, indemnify, and hold harmless COUNTY, its officers, employees, and agents from all claims, costs, suits, actions, or losses of any type, and from liability for any fines, penalties, or damages of any type, resulting from CITY's negligent or wrongful performance of this Agreement and caused by any act or omission of CITY, including failure to comply with any requirement of the Act or the HOME Program described herein, except to the extent that any such claims, costs, suits, actions, losses, or liability arise from any act or omission of COUNTY. b. Pursuant to Government Code Section 895.4,COUNTY shall defend, indemnify, and hold harmless CITY, its officers, employees, and agents from all claims, costs, suits, actions, or losses of any type, and from liability for any fines, penalties, or damages of any type, resulting from COUNTY's negligent or wrongful performance of this Agreement and caused by any act or omission of COUNTY, including failure to comply with any requirement of the Act or the HOME Program described herein, except to the extent that any such claims, costs, suits, actions, losses, or liability arise from any act or emission of CITY. C. Each CITY participating in the Contra Costa HOME Program CONSORTIUM shall defend, indemnify, and hold harmless all other participating CITIES for CITY's negligent acts or omissions arising from this Agreement. 10. Term. This Agreement shall go into effect immediately upon the signature of both parties and shall continue in full force and effect until all activities funded for Federal fiscal years during which COUNTY and CITY were participating jurisdictions in the CONSORTIliM are completed pursuant to 24 CFR 92.507. a. COUNTY and CITY will be included in the CONSORTIUM for a minimum of three (3) Federal fiscal years beginning in FY 2000. No Consortium Member may withdraw from the Agreement while the Agreement remains in effect. b. The program year for all Consortium Members begins on July 1. 11. Additional Members. COUNTY as the lead representative of the Consortium shall be authorized to amend the Agreement on behalf of the entire CONSORTIUM to add new members to the Consortium. 12. Minor Amendments. Should it become necessary to change the language of this Agreement to meet HUD approval,without making major changes and without altering the intent of the Agreement, such changes may be made administratively with the written consent of both the City Manager of CITY and the CHAIR.of the COUNTY Board of Supervisors. 13. Heading . The headings in this document are merely for the convenience of the parties, and do not form a material part of this document. Headings shall not be considered in the construction of this document. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year written below. CITY OF A` TIOCH CON COS LINTY_ BY: � . G� BY: Mayors ai , Bo of Supervisors r I hereby certify that the Mayor was ereby certify that the Chair of the duly authorized to execute this docu- Board of Supervisors was duly authorized ment on behalf of the City of to execute this document on behalf of ANTIC? T4 by a the County of Contra Costa by a majority majority vote of the City vote of the.Board of Supervisors on Council on MAY 251999 ATTEST'Y._' 'VJ A )UATTEST: City Q4k Clerk of the Board of Supervisors and County Administrator APP ED ASE}RM: APPROVED AS TO FORM: City Attorney County Counsel TO: BOARD OF SUPERVISORS FROM: Phil Batchelor, County Administrator onr g ° �' Costa County DATE: June 9, 1993 SUBJECT: Consulting Services with Softlink, Inc. SPECIFIC REOUEST(S)OR RECOMMENOATION(S)6 BACKGROUND AND JUSTIFICATION I. RECOMMENDED ACTION: Approve and authorize the Chair of the Board of Supervisors to execute on behalf of the County an agreement amendment with Softlink increasing the payment limit from $890,000 to $1,140,000 and extending the expiration date to March 31, 2000. II. FINANCIAL IMPACT: None. Funding is already approved. III. REASON FOR RECOMMENDATION AND BACKGROUND: In ?'March 1996 the Board of Supervisors approved funding for a computer system to replace the Human Resources, Payroll and Employee Benefits systems. The Board also directed the Project Steering Committee and the Department of Information Technology to secure the necessary technical expertise to implement the system. The Project Steering Committee, composed of the Auditor-Controller,Director of Human Resources, Director of Information Technology and the County Budget Officer conducted a search for a consulting firm who could train and provide technical support to County staff in implementing the new system. In June 1336 Softlink, Inc. was selected to provide the necessary technical services and to insure the successful installation and operation of the new system. The Softlink agreement needs to be extended until March 0 so they can silt ith the conversion of the Health Service Department to Pe o an&the: n st' of the most current version of the PeopleSoft software. f, CONTINUED ON ATTACHMENT: YES SIGNATURE: p a � RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF SOARO COMMITTEE APPROVE OTHER SIONATURE(S ACTION OF BOARD ON APPROVER AS RECOMMENDED OTHER VOTE OF SUPERVISORS HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS(ABSENT ----- AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES:-. -- AND ENTERER ON THE MINUTES OF THE BOARD ASSENT: AUSTAft OF SUPERVISORS ON THE RATE SHOWN. Cc: :department of -nfornatlon Technology (2) ATTESTED_' Lt- 'f � m . 1_9 Auditor (1) PHIL BATCHELOR,CLERK OF THE BOARD OF Risk SyL'1neT1 ) SUPERVISORS AND COUNTY ADMINISTRATOR r M382 (50188) BY�� — �/� 6"I-A, , ""- DEPUTY CONTRA COSTA COUNTY Number: 45746 SERVICES PROCUREMENT AGREEMENT AMENDMENT Fund: 1695 Account: 2310 1. Identification of Contract to be Amended. Number: 045765-00 Effective gate: Jure 1, 1996 Department: CAO/Department of Information Technology Subject: 'Human Resources and Payroll System:Project 2. Parties. The County of Contra.Costa, California(County),for its Department named above, and the following named Contractor mutually agree and promise as follows: Contractor: Soft Link, Inc. Capacity: Corporation Taxpayer[D#41-1733683 Address: 2375 Ariel St.N Maplewood, MN 55109 3 Amendment Date. The effective date of this Contract Amendment Agreement is July 1, 1999. 4. Amendment Specifications. The Contract identified above is hereby amended as set forth in the "Amendment Specifications" attached hereto which are incorporated herein by reference, 5 Si natures, These signatures attest the parties`agreement hereto: COUNTY OF CONTRA COSTA CALIFORNIA BOARD OF SUPERVISORS Attest:Phil Batchelor,Clerk of the Board Supervisors and County Administrator o B ``_7r;,, ai Deputy CONTRACTOR (Designate official business capacity A.) (Designate offlci iness capacity B.) •tea Note to Contractor: For corporations(profit or nonprofit),the Contract must be signed by two officers. Signatures A must be that of the president or vice-president and Signature B must be that of the secretary or assistant secretary(Civil Code Sec. 1190,1 and Corporations Code Sec.313). All signatures must be acknowledged as set forth on page two. Contra Costa County Standard Form(Rev. 1/95) Number: 45748 APPROVALSIACKNOWLEDGEMENT APPROVALS RECOMMENDED BY DEPARTMENT FORM APPROVED COUNTY COUNSEL APPROVED: COUNTY ADMINISTRATOR By: Designee ACKNOWLEDGEMENT STA I OF CALIFORN A ) )ss. COUNTY OF CONTRA COSTA ) .., ` .. On—j1 n —__ a - before me v r J:i�.,t Sansert name and title of the officer), personnallyappeared 2._ rr' <. )�_S-'a?` } '-F' personally known to rye(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name's)is/are subscribed to the within iInstrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. WITNESS MY HAND AND OFFICIAL SEAL. � s b AJRISTEN A. HUSBY e NOTARY PUB!10--MNNESOTA Comm.Ex�,res Jan.3?,20001PAy S1 ACKNOWLEDGEMENT(by Corporation,Partnership,or Individual) (Civil Code§9189) AMENDMENT SPECIFICATION Number:45748 in consideration for Contractor's willingness to continue providing consulting services for the Human Resmurces/Payroll project,County agrees to amend contract as follows: 1. Increase payment limit from$890,000 to$1,140,000 which is an increase of$250,000 2. Extend the expiration date of contract from,lune 30, 1999 to March 31,2000. 3. Add an additional rate of$185.00 per hour. 4. The County reserves the right to terminate this contract prior to March 31,2000 if the contractors services are no longer rewired. County and Contractor agree,therefore,to amend the Contract identified herein as set forth above while all other parts of the Contract remain unchanged andin full force and effect. t ; Initials: _ Cbntractor County Dept. TO. BOARD OF SUPERVISORSz :sContra FROM: John /ellen,Director, Social Service Department #.Gi County DATA: Tune 1, 1999 suBjECT: Authorize Director, Office on Aging, or his Designee to Negotiate and Execute FY 1999-2000 Older Americans Act(OAA) and Older Californians Act(OCA)Funded Contracts. SPECIFIC REOUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. RECOMMENDED ACTION: AUTHORIZE the Director, Office on Aging, or his designee to conduct contract negotiations and execute contracts funded through the Older Americans Act(OAA) and/or Older Californians Act(OCA)Federal and State funds for services to older residents of Contra Costa County as specified below: Contra=& Service: Maxiontract MaA: Payments Limit: 1. Senior Outreach Services Senior Companion 7/l/99 to 89,767 (OCA) (40-075) 6/30/2000 2, Contra Costa County Legal Services 7/1/99 to 90,939 (OAA) Senior Legal Services 6/30/2400 (40-008) 3. Health Services Nutrition Program 7/1/99 to 1,205,760 (OAA) Department(20-351) 6/30/2000 l ?4 CONTINUED ON ATTACHMENT: .. ._YES SIGNATURE: /4 y g --,--RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE __ OTHER SIGNATURE S: ACTION OF BOARD ON x " c s �� APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS(ABSENT '" } AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN, ATTESTED Contact: Barbara Morrow x 5- 8783 PHIL BATCHELOR,CLERK OF THE 130ARO OF cc: SUPERVISORS AND COUNTY ADMINISTRATOR CAO Office on Aging BY� I" .. �''r DEPUTY ontrac car _ ice: Terni: ;Viaxim=Con ract Contrac PLimit: 4o Ombudsman Services of Long Tenn Care 7/1/99 to 99,150 (OAA) Contra Costa, Inc. Ombudsman 6/30/2000 (40-009) 5. Stella Wu Chu, R.D. Nutrition Consultant 7/1/99 to 3,000 (OAA) (40052) 6/30/.2000 6. Katherine Barnes Consultant to 7/1/99 to 22,900 (OAA) (40-068) Advisory Council 6/30/.2000 IL EINANCIALIMEACI None. Funding for the contracts listed above is all Federal and State. Contractors under the Older Americans Act contribute a minimum of 1/9 th of their Federal Allocation to match. Under the Older Californians Act the match is met through the contractors. III. REASON FOD RF NDATIONT /BAQKGROLM: The Director, Office on Aging, recommends authorization to conduct negotiations and execute Office On Aging FY 1999-2000 contracts as specified above. Senior Outreach. Services (SOS)has provided services to the 60 plus population for several years and will continue to operate the Home Visiting Program (friendly visitors going to senior homes)and In-Dome Service Registry (matches seniors who need work done with those who can provide the service). Contra Costa County Senior Legal Services will continue to provide free legal advice to seniors in all of Contra Costa County, specifically, those that are low income. Health Services Department has provided a hot meal to seniors and the disabled for approximately 20 years and will continue to provide.meals at congregate sites as well as home delivered meals to frail and home bound seniors. Ombudsman Services are provided to the 60 plus populations that are in skilled nursing homes and residential care facilities. Ombudsmen act as advocates for these seniors and their family members. The Alzheimer's Day Care Resource Center Program and Brown Bag Program have been administered through the AAA in Contra Costa County for several years and provide respite to caregivers and bags of groceries to low-income seniors. SOS added the Despite Registry to the existing In Nome Service Registry Programa (screens respite providers and matches them to clients) and will implement the Senior Companion program(stipended volunteer program to assist the frail and incapacitated senior). c1a bo99-00.doc coil# TO: BOARD OF SUPERVISORS CONTRA FROM: Finance Committee John Gioia . �;. COSTA Donna Gerber COUNTY GATE: JUNE 22, 1999 SUBJECT: CONTRA COSTA CONVENTION AND VISITORS BUREAU CONTRACT SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATIONS: 1. APPROVE and AUTHORIZE the Chair, Board of Supervisors, to extend the contract with the Contra Costa Convention and Visitors Bureau through September 39, 1999 and increase the contract payment limit by $22,995 to a new payment limit of$114,526. 2. AMEND the contract to exclude the expansion of tourist and development activities to the Embassy Suites Hotel in Pleasant Hill, CA. BACKGROUNDIREASONtS1 FOR RECOMMENDATION CCCVB has contracted with the County since 1981 to promote tourist and convention development activities on behalf of the Sheraton Concord Hotel. On June 14, 1999, the Finance Committee agreed to extend the existing contract with the Contra Costa Convention and Visitors Bureau (CCCVB) for three additional months to end September 39, 1999. The extension will allow staff from the County Administrator's Office to complete a thorough evaluation of the benefits received from the existing contract with CCVB and the alternatives. The Committee voted to exclude section 5 of the contract which specifies the expansion of activities to include the Embassy Suites Hotel located near the Pleasant Hill BART Station. CONTINUED ON ATTACHMENT: YES SIGNATURE: -2o,-- -- i r RECOMMENDATION OF COUNTY ADMINISTRATOR-_RECOMMENDATION OF BOARD COMMITTEE APPROVE _ OTHER SIGNATURE(S): ACTION OF BOARD ON c # e v{ APPROVED AS RECOMMENDED 4 OTHER VOTE OF SUPERVISORS UNANIMOUS(ABSENT I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN AYES NOES: ACTION TAKEN AND ENTERED ABSENT: ABSTAIN:` - ON MINUTES OF THE BOARD OF Contact: Tony Enea,5-11394 SUPERVISORS ON THE DATE SHOWN. CC: CAO ATTESTED `222 CCVB PHIL BATCHELOR,CLERK OF f «_ THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR By y<r; , ,DEPUTY AGREEMENT THIS AGREEMENT, made and entered into on this zs;`' day of X1998, by and between the COUNTY OF CONTRA. COSTA, a political subdivision of the state of California (hereinafter "COUNTY"), and the CONTRA.COSTA CONVENTION AND VISITORS BUREAU, a private,non-profit corporation,(hereinafter"BUREAU"). WHEREAS,pursuant to the provisions of Section 26100 (b)of the Government Code of the State of California, COUNTY may expend certain monies accruing to the general Fund for the purpose of making known the resources of the county. WHEREAS, the BUREAU has special knowledge and experience, together with available facilities and personnel, for the maintenance of an office to serge as a public information and convention bureau for the advertising and promotion of the resources of the COUNTY and the people thereof by methods which, in the judgment of the BUREAU and the COUNTY, will be of benefit to the people of the COUNTY, and WHEREAS, said BUREAU is willing to undertake the services hereinafter set forth on behalf of the COUNTY in the manner and for the purposes hereinafter provided. NOW, THEREFORE, in consideration of the faithful performance of the terms and conditions herein,the parties hereto agree as follows: 1. Performance of Services. The BUREAU hereby contracts with the COUNTY to perform the services herein set forth. 2. Description of Services. The BUREAU will carry on tourist and convention development activities of a public character herein mentioned on behalf of the Sheraton Concord Hotel for the COUNTY and shall use its facilities and experience to secure as beneficial a return as Hotel for the COUNTY and shall use its facilities and experience to secure as beneficial a return as possible from the expenditures made by it. The specific goals and objectives of said activities shall be as set forth in Exhibit A (Marketing Plan), which is attached hereto and incorporated herein by this reference. 3s Payment Except as otherwise provided herein, COUNTY shall pay BUREAU for and in consideration of services to be performed by BUREAU during the 1998-1999 fiscal year, Ninety One Thousand Six Hundred Twenty One Dollars($91,621); with payments being made twice during the year: Forty Five Thousand Eight Hundred Ten Dollars and Fifty Cents($45,810.50) upon execution of this agreement, and Forty Five Thousand Eight Hundred Ten Dollars and Fifty Cents ($45,810.50)on February 1, 1999. 4. Reporting. The BUREAU shall furnish COUNTY with a monthly report, which includes the financial condition of the BUREAU, and an annual audit on October 1, 1999 covering the Fiscal Year 1998-1999. The COUNTY shall have the right to review BUREAU'S records at any reasonable time at the office of the BUREAU. BUREAU shall f miish COUNTY with reports on the BUREAUS activities on May 15, 1999, which report shall cover the three preceding fiscal year quarters, and on August 15, 1993, which shall cover all of the fiscal year 1998-1999. Each report shall specifically address the goals and objectives set forth in Exhibit A of this Agreement. SQ Term. The Agreement herein shall be in erect from July 1, 1998 through June 30, 1999. This Agreement may be extended on prior written approval of both parties to said extension and approval of both parties to the amount of payment for services. Should the agreement be extended past July 1, 1999 and should the BUREAU be servicing the city of Walnut Creek for tourist and convention development activities at that date,the parties agree that the scope of this agreement shall be expanded to include the Embassy Suites Hotel located near the Pleasant Hill BART Station 2 with an appropriate adjustment in payment for services. 6. Independent Contractor. In the performance of the activities required by this Agreement, the parties recognize that the BUREAU is acting as an independent contractor. All officers, agents and employees of the BUREAU shall not be deemed to be agents or employees of the COUNTY. The COUNT'' shall not be liable to BUREAU or any person or persons acting for BUREAU for any death, injury, or property destruction or damage received or claimed resulting from activities undertaken pursuant to this Agreement, except for liabilities and claims which arise solely from acts or omissions of the COUNTY, its officers, agents, and employees for which the COUNTY shall be liable. 7. Notice. All notices required herein shall be sent first class mail to the parties as follows: To COUNTY County of Contra Costa Attn: County Administrator 651 Dine Street, 11th floor Martinez,CA 94553 To BUREAU Contra Costa Convention and Visitors Bureau 2151 Salvio Street, Suite N Concord,CA 94520 Notices shall be deemed effectively served upon deposit in the United States mail with first class postage prepaid. g. Indemnification. The BUREAU shall defend, hold harmless and indemnify the COUNTY and their officers, agents and employees, from all liabilities and claims for death, sickness, or injury to persons or damage to property, including without limitation all consequential damages, from any cause whatsoever connected with the operations of the BUREAU hereunder, resulting from the acts or omissions, negligent or otherwise, of the BUREAU, or its agents or 3 employees. 9< Non-Assioabte- This Agreement shall not be assigned by BUREAU without the prig written consent of the COUNTY. 14. Entire Agreements This Agreement represents the entire agreement between the parties and supersedes any prier written contract,or amendments thereto,and any oral agreements. 11. Amendment This Agreement may be amended,modified,or changed by the parties provided that said amendment,modification or change is in writing and approved by bath parties. 4 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. CONTRA COSTA CONVENTION AND VIS1TO S BUREAU a California co ration BY: Richard Pryor, President Board of:Directors 3 BY. / � - lie-St;um, Executive Director COUNTY OF CONTRA COSTA, a general law county BY. Chairp6on Cou ty Board of Supervisors ATTEST: BY. Clerk of the Board 5