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HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA
TO: BOARD OF COMMISSIONERS
FROM: Robert McEwan, Executive Director
DATE: April 5, 2005
SUBJECT: SERVICE CONTRACT WITH YMCA OF THE EAST BAY 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 YMCA to provide after school youth activities at the Bayo
Vista housing development, summer camp activities, and participation in Camp DEFY for the
period January 1, 2005 to June 30, 2006.
11. FINANCIAL IMPA%r%,"T*.
i.-
In consideration for the services provided to the youth of Bayo Vista, the Housing Authority will
provide funding in the amount of$30,000.00. No County General Funds are required.
Ill. REASONS FOR RECOMMENDATION/BACKGROUND
Youth programs, including recreation activities, have been an important part of the Bayo Vista
community since 1992. This service contract will provide after school activities for resident youths
of the Bayo Vista public housing development. This contract with the YMCA is allowable under the
Federal Department of Housing and Urban Development guidelines.
IV. CONSEQUENCES OF NEGATIVE ACTION:
Should the Board of Commissioners elect not to authorize the Executive Director to enter into a
service agreement with the YMCA, the services provided to the residents of Bayo Vista may no
longer be available, and this would be detrimental to the resident youth activities of this public
housing development.
CONTINUED ON ATTACHMENT: YES SIGNATURE
RECOMMENDATION OF EXECUTIVE DIRECTOR RECOMMENDATION OF BOARD
COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON APPROVED AS RECOMMENDED 0 ER
VOTE OF COMMISSIONERS
I HEREBY CERTIFY THAT THIS IS A
UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
COMMISSIONERS ON THE DATE SHOWN.
ft.
ATTESTED
4 JOHN SWtETEN,CLERK OF
THE BOARD OF COMMISSIONERS
AND COUNTY ADMINISTRATOR
BY DEPUTY
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SERVICE CONTRACT
1. Contract Identification:
Subject: Service Agreement for after school youth activities at the Bayo Vista
housing development of the Housing Authority of the County of Contra Costa
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: YMCA of the East Bay
CONTRACTOR'S TAXPAYER ID: 94-1156317
CONTRACTOR'S CAPACITY: Youth Activities Service Provider
CONTRACTOR'S ADDRESS: 263So. 201h Street
Richmond, CA 94804
3. Term: The effective date of this Contract is January 1, 2005 through June 30, 2006.
4. Termination: This Contract may be terminated by the Authority, at its sole discretion, upon five-
day advance written notice thereof to the Contractor, or canceled immediately by written mutual consent; or
upon thirty day advance written notice thereof to the Authority by the Contractor.
5. Payment Limit: Authority's total payments to Contractor under this Contract shall not exceed
$30,000.00 for after school youth activities located at 2-C California Street, Rodeo, CA 94572.
6. Authority'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, as set
forth in the Payment Provisions in this Contract.
(Check one alternative only)
F-1 a. Flat Rate:
E] b. Payment in full after approval by the Executive Director.
X C. As set forth in the attached Payment Provisions.
7. Contractor's Obligations: Contractor shall be responsible to the Authority for after school youth
activities to include academic, health and physical education, social recreational activities, citizenship and
leadership training, cultural enrichment events, avoidance of alcohol and drug use, prevention of teen
pregnancy, and summer camp activities. These services are to be provided at 2-C California Street, Rodeo,
CA. Actual service and reporting requirements are described in Appendix A which is herein incorporated
as part of this Service Contract.
8. Authority's,Obligations The Authority will be responsible for the maintenance of the property
which is outlined in a separate lease agreement and not part of this service contract.
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.
Housing Authority of the SHORT FORM SERVICE CONTRACT Number
County of Contra Costa
Page 2 of 5
10. DiscriminatoKy 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 Books and Records of Contractor, Subcontractor-, Pursuant to Section 1861(v)(1)
of the Social Security Act, and any regulations promulgated thereunder, Contractor, shall, upon written
request and until the expiration of four years after the furnishing of service pursuant to this Contract,, make
available to the 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 7550, Contractor shall include
in all documents or written reports completed and submitted to Authority in accordance with this Contract,,
a separate section listing the numbers and dollar amounts of all contracts and subcontracts relating to the
preparation of each such document or written report. This section shall apply only if the payment limit
under this contract exceeds $5,000.00.
15. Indemnification: The Contractor shall defend, indemnify,, save,, and hold harmless the
Authority and its officers and employees from any and all claims, costs and liability for any damages,
sickness, death, or injury to persons(s) or property, including without limitation all consequential damages,
from any cause whatsoever arising directly or indirectly from or connected with the operations or services
of the Contractor or its agents, servants, employees or sub-contractors hereunder, save and except claims or
litigation arising through the sole negligence or sole willful misconduct of the Authority or its officers or
employees. Contractor will reimburse the Authority for any expenditures,, including reasonable attorney's
fees, the Authority may make by reason of the matters that are the subject of this indemnification, and if
10
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.
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Housing Authority of the SHORT FORM SERVICE CONTRACT Number
County of Contra Costa
Page 3 of 5
16. Signatures: These signatures attest the parties' agreement hereto:
HOUSING AUTHORITY YMCA of the East Bay
OF THE
COUNTY OF CONTRA COSTA
Robert McEwan Robert Wilkins
Executive Director President and CEO
Date: Date:
Contractor Signature "B"
Eli Cardenas
Vice President
Date
(Form approved by County Counsel)
Note to Contractor,: For corporations (profit or nonprofit), the contract must be signed by two officers.
Signature "A" must be that of the President or Vice-President and signature "B" must be that of the
Secretary or Assistant Secretary (Civil Code Section 1190.1 and Corporation Code Section 313).
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Housing Authority of the SHORT FORM SERVICE CONTRACT Number
County of Contra Costa
Page 4 of 5
Payment Provisions
I Contractor shall invoice to the Housing Authority on a quarterly basis, at the rate of$5,000.00 per
quarter.
2. Invoices shall be directed by Contractor to the Housing Authority, addressed as follows-,
Robert WEwan, Executive Director
Housing Authority of the County of Contra Costa
P.O. Box 2759
Martinez, CA 94553
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Housing Authority of the SHORT FORM SERVICE CONTRACT Number
County of Contra Costa
Page 5 of 5
APPENDIX A
SERVICES BY CONTRACTOR: CONTRACTOR shall maintain and provide certain data upon request.
The report should include the following:
1. List of Housing Authority youth being served;
2. Activities and field trip(s) being offered;
3. Attendance logs for said activities
4. Other program information.
CONTRACTOR's after school program will operate five (5) days a week, from January 1, 2005 through
June 30, 2006. The program will operate Monday through Friday, from 2:00 P.M. to 6:00 P.M. The focus
of the program will be the following areas:
1. Health and Physical Education
2. Social Recreation
3. Citizenship and Leadership
4. Cultural Enrichment
5. Education—continued learning through academic studies during the after school hours.
6. Encouragement of the young people to avoid drug and/or alcohol use, and the prevention of
teen pregnancies
7. Participation in the Authority's Camp DEFY Program
8. Summer camp activities
CONTRACTOR's after school teen program will operate two (2) days a week, from January 1, 2005
through June 30, 2006, for youth age 13— 17. The program will provide extended hours to 8:00 p.m. and in
addition,teen dances will be offered. The teen program will build self-esteem and focus on setting personal
goals and help teens to live successfully as self-sufficient adults. Job preparation programs teachingyoung
adults the basic requirements to search for and acquire meaningful work.
Maryfrntz\HARa1ph\YMCA Contract 101 05.doc