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HomeMy WebLinkAboutMINUTES - 08131996 - C63 } TO: BOARD OF SUPERVISORS rf....° Contra FROM: GUS S. KRAMER / Costa ASSESSOR 5 o: ,:. . . County DATE: AUGUST 13, 1996 '+'cevnTi SUBJECT. APPRAISAL CONSULTATION SPECIFIC REOUEST(S)OR RECOMMENDATION(S)6 BACKGROUND AND JUSTIFICATION RECOMMENDED ACTIONS Approve and authorize the Chair of the Board of Supervisors to execute a contract with James Giacoma in the amount of $50,000 for appraisal services from the period September 1, 1996 through August 31, 1997. FISCAL IMPACT This contract will be paid out of AB818 Property Tax Administration funds. BACKGROUND There are a number of major assessment appeals that are scheduled to be resolved this year. This contract relates to consultation and appraisal services needed in preparing presentations to the Assessment Appeals Board for refinery and other major commercial and industrial appeals. CONTINUED ON ATTACHMENT: YES SIGNATURE- RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTE APPROVE OTHER SIGNATURES: ACTION OF BOARD ON 13 19 APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS 1 HEREBY CERTIFY THAT THIS IS A TRUE X 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. CC: Assessor ATTESTED A>4g>:}st 13, ��QQ6 CAO PHIL BATCHELOR.CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR M382 (10/88) BY ,DEPUTY Contra Costa County t -13-0 0-.e3 Number _ ''Standard Form 1/87 SHORT FORM SERVICE CONTRACT Fund/Org # 1610 1. Contract Identification. Account l- 2310 Other # Department: ASSESSOR Subject: CONSULTATION FOR OIL REFINERY AND OTHER MAJOR ASSESSMENT APPEALS. 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: JAMES GIACOMA Capacity: APPRAISAL CONSULTANT Taxpayer ID# 561-46-1124 Address: 1607 Yeoman Drive _ Concord.- CA 94521 3. Term. The effective date of this Contract is September 1, 1996 and it terminates August 1 , 199,7 unless sooner terminated as provided herein. 4. Termination. This Contract may be terminated by the County, at its sole discretion, upon five-day advance written notice thereof to the Contractor, or cancelled immediately by written mutual consent . 5. Payment Limit. County's total payments to Contractor under this Contract shall not exceed $ 50.,000 6. County's Obligations. In consideration of Contractor's provision of services as described below, and subject to the payment limit expressed herein, County shall pay Contractor, upon submission of a properly documented demand for payment in the manner and form prescribed by County (Demand Form D-15) and upon approval of such demand by the head of the County Department for which this Contract is made or his designee, as follows: [Check one alternative only] (X) hour; or [X] a. FEE RATE: $ 60.00 per service unit: ( ) session, as defined below; or Plus expenses ( ) calendar (insert day, week or month) NOT TO EXCEED a total of 750 service unit(s) . [ j b. Payment in full after approval by the Department . [ ] c. As set forth in the attached Payment Provisions. 7. Contractor's Obligations. Contractor shall provide the following described services: PROVIDE CONSULTATION AND ASSIST IN PREPARING PRESENTATIONS TO THE ASSESSMENT APPEALS BOARD. COORDINATION OF ALL REFINERY AND OTHER MAJOR ASSESSMENT APPEALS. PARTICIPATE IN NEGOTIATIONS WITH MAJOR APPELLANTS. 8. 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. 9. Nondiscriminatory Services. Contractor agrees that all goods and services under this Contract shall be available to all qualified persons regardless of age, sex, race, reli- gion, color, national origin, or ethnic background, or handicap, and that none shall be used, in whole or in part , for religious worship or instruction. -"I- SHORT FORM SERVICE CONTRACT 0,4 Number i s• f 10. 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. 11. Disputes. Disagreements between the County and Contractor concerning the meaning, requirements, or performance of this Contract shall be subject to final determination in writing by the head of the County Department for which this Contract is made or his designee or in accordance with the applicable procedures (if any) required by the State or Federal Government. 12. 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 services pursuant to this Contract, make available to the Secretary of Health and Human Services, the Comptroller General, the County, 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 sub- contract with a value or cost of $10,000 or more over a twelve-month period, such sub- contract 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 County, or any of their duly authorized representatives, the subcontract and books, docu- ments, 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. 13. Reporting Requirements. Pursuant to Government Code §7550, Contractor shall include in all documents or written reports completed and submitted to County 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. 14. Indemnification. The Contractor shall defend, indemnify, save, and hold harmless the County and its officers and employees from any and all claims, costs and liability for any damages, sickness, death, or injury to person(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, servents, employees or subcontractors hereunder, save and except claims or litigation arising through the sole negligence or sole willful misconduct of the County or its officers or employees . Contractor will make good to and reimburse the County for any expenditures, including reasonable attorneys fees, the County may make by reason of such matters and, if requested by the County will defend any such suits at the sole cost and expense of the Contractor. 15. Legal Authority. This Contract is entered into under and subject to the following legal authorities : California vernment Code Sections 26227 and 31000. 16. Signatures. se si nat r attest the parties' agreement hereto: COMP OF N" T 0 CONTRACTOR By By Designee Approved: unty A2=istrator (Designate official capacity) By Designee RecommendedDe ent By [Form approved by County Counsel]