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HomeMy WebLinkAboutMINUTES - 06172003 - HA2 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA TO: BOARD OF COMMISSIONERS FROM: Robert McEwan, Executive Director DATE: June 17, 2003 SUBJECT: APPROVE SERVICE CONTRACT WITH CYPRESS MANDELA/WIST (CMWTC) FOR COMMUNITY SERVICES SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION 1. RECOMMENDED ACTION: APPROVE and AUTHORIZE the Executive Director of the Housing Authority to execute a contract on behalf of the Housing Authority with Cypress Mandela/WIST Training Center to provide pre-apprentice training and to be the source for the affiliated unions and the Joint Apprenticeship and Training Committee (JATC) participants for the DeAnza Garden Construction Project. It. FINANCIAL IMPACT: NONE. The DeAnza Garden Construction apprenticeship program is budgeted by the Authority's Capital Funds ($50,000) to provide economic opportunities to the adults of the Housing Authority's public housing developments and the surrounding area. No County General Funds are required. 111, REASONS FOR RECOMMENDATION/BACKGROUND HUD requires the Housing Authority to generate economic opportunities to its recipients, whenever possible. Pursuant to Section 3 the Housing Authority has enacted a training program as a source to produce apprentices that construction contractors will hire from as a condition of performing public works in the Bay Point community. This service contract provides training and employment opportunities to local residents registered in a bona fide apprenticeship program. The Program will consist of sixteen weekly sessions from 7:00 am —3:30 pm five days a week. The sessions will train up to twenty-five (25) JATC participants with a goal of twenty (20) placements. The community of Bay Point, the Housing Authority and the local residents desiring training will all benefit from this program. IV. CONSEQUENCES OF NEGATIVE ACTION: Should the Board of Commissioners elect not to authorize the Executive Director to enter into a service agreement with Cypress Mandela/WIST, the opportunity to help solve local unemployment and under employment and provide local residents of the Housing Authority with a meaningful and high paying careers would not be available, and this would be a detriment to the development, as well as the community. CONTINUED ON ATTACHMENT: X YES SIGNATURE RECOMMENDATION OF EXECUTIVE DIRECTOR RECOMMENDATION OF BOARD COMMITTEE v_ APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON June 17, 2D03 � APPROVED AS RECOMMENDED X OTHER VOTE OF COMMISSIONERS I HEREBY CERTIFY THAT THIS IS A UNANIMOUS (ABSENT None TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF ".strict III Seat VACANT** COMMISSIONERS ON THE DATE SHOWN. "Advisory Dosing Cannission Seat VACANT** ATTESTED June 17, 2003 JOHN SWEETEN,CLERK OF THE BOARD OF COMMISSIONERS AND COUNTY ADMINISTRATOR B�'rLl101 I f DEPUTYH:\Judyl-Bayes\,MSOFFICE\WINWt RD\BOARD\BO Section 3 Paint Contract-t.doc For Office Use Onl Number Fund/Org. Account No. Other No. SHORT FORM SERVICE CONTRACT I. Contract Identification: Subject: Pre-Apprenticeship Construction Training Program 2. Parties: The Housing Authority of the County of Contra Costa, California(Authority) and the following named Contractor mutually agree and promise as follows: CONTRACTOR: Cypress Mandela/WIST Training Center/Oakland Private Industry Council CONTRACTOR'S TAXPAYER ID: CONTRACTOR'S CAPACITY: Service Provider CONTRACTOR'S ADDRESS: 2229 Poplar Street Oakland, CA 94647 3. Term: The effective date of this Contract is June 9, 2003 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. S. Payment Limit: Authority's total payments to Contractor under this Contract shall not exceed$50,000.00 unless authorized by Authority in writing by a Supplemental Authorization. 6. Authorily's Obligations: 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) M a. Flat Rate: b. Payment in full after approval by the Executive Director. Z 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 pre-apprenticeship Construction Training to HACCC clients at the Cypress Mandela Training Facility, 2229 Poplar Street, Oakland, CA and surrounding areas for five days a week, for up to 16 week sessions, from June 9, 2003 to October 15, 2003. See Appendix A, Scope of Services. 8. Authority's Obligations: Provide the site in the housing development and job site. 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. CI\I Lad e\Constr Contract Cy press Mandela 6 02 03.doc Housing Authority of the SHORT FORM SERVICE CONTRACT Number County of Contra Costa Page 2 of 6 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, 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 Boobs 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 Secretary of Health and Human Services, the Comptroller General, 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 Secretary, the Comptroller General, 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 75501, 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. H:\Hodge\Constr Contract Cypress Mandela 6 02 43.doc Housing Authority of the SHORT FORM SERVICE CONTRACT Number County of Contra Costa Page 3 of 6 16. Sijznatures: These signatures attest the parties' agreement hereto: Contractor Signature "A" .HOUSING AUTHORITY OF THE CYPRESS MANDELAIWIST COUNTY OF CONTRA COSTA TRAINING CENTER. Robert McEwan Art Shanks Executive Director President OAKLAND PRIVATE INDUSTRY COUNCIL Signature Title (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). HAHodge\Constr Contract Cypress Mandela 6 02 09.doc Housing Authority of the SHORT FORM SERVICE CONTRACT Number County of Contra Costa Page 4 of G 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 WE wan, 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. HAHodge\Ccnstr Contract Cypress Mandela 6 02 03.doc Housing Authority of the SHORT FORM SERVICE CONTRACT Number County of Contra Costa Page 5 of 6 APPENDIX A CYPRESS MANDELA/WIST TRAINING CENTER/OAKLAND PRIVATE INDUSTRY COUNCIL SCOPE OF SERVICES PURPOSE During the term of this contract the Cypress Mandela/WIST Training Center(CMWTC) shall provide pre- apprentices training for Housing Authority adults. CMWTC will provide pre-apprentice construction training of applicants for the Contra Costa Building and Construction Trades Council,the affiliated unions and Joint Apprenticeship and Training Committees (JATC) and the Construction'Training Program for adults in and around the Public Housing developments of the Housing Authority of the County of Contra Costa(HACCC). The students are provided with pre-apprentice training that will advance their skills to enter the affiliated unions and Joint Apprenticeship. SCHEDULE In addition to the normal administrative services required as part of this agreement,the contractor agrees to provide the following levels of program services: (1) At the present level of support by the HACCC, ($50,000 per session), the Contractor is expected to provide the above services to twenty-five (25)adults from public housing developments administered by Authority with a goal of twenty(20)placements. (2) Performance reports are expected weekly. The reports should, at a minimum, state the staff and time allocated for each activity, in addition to the names of the adult participants. (3) The weekly performance reports will be followed up bi-weekly by on-site monitoring visits. PERFORMANCE MONITORING ' The HACCC will monitor the performance of the Contractor against the goals and performance standards required herein. Substandard performance as determined by the HACCC will constitute non-compliance with this Contract. If action to correct such substandard performance is not taken by the Contractor within a reasonable period of time after being notified by the HACCC, Contract suspension or termination procedures will be initiated. HAHodge\Constr Contract Cypress Mandela 6 02 03.doc Housing Authority of the SHORT FORM SERVICE CONTRACT Number County of Contra Costa Page 6 of 6 Proposed Budget Housing Authority of the County of Contra Costa Cypress Mandela/WIST Training Center TRAINING COSTS Pro'ect Director 30% @ $44.65 per hour $ 16,400.00 Instructor 100% @$24.00 per hour 5,760.00 Assistant Instructor 30% $22.00 per hour 1,800.00 Clerical Suit P/T 256/0 $1.8.00 perhour 1,000.00 Training Materials 15 students @$600.00 each 9,000.00 i 11 Office Su lies 15 students a7 $160 ea. 2,400.00 Sub-Total EIE— $36, b0.00 j Administrative costs include salary and benefits PARTICIPANT SUPPORT ITEMS Participant Tools &Equipment 20 students $140 each i $2,500.00 i Clothin and boots 20 students @$95.00 each 1,900.00 7 Union Initiation Fees 20 students $250.00 each 5,000.00 Total Direct Costs $9,700.00 Sub-Total 46,060.00 Administrative Costs 9 96/0 3,940.00 TOTAL BUDGET REQUEST $50,000.00 i H:1HodgelConstr Contract Cypress Mandela 6 02 03.doc