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HomeMy WebLinkAboutMINUTES - 07281998 - C107-C111 /01 TO: BARD OF SUPERVISORS FROM: J. MICHAEL WALFQRD, PUBLIC WORKS DIRECTOR DATE: July 28, 1998 SUBJECT: Authorize County Purchasing Services Manager to Sign Agreement with Computer Programming Consultant for the Public Works Department 9PECIFIC )OR R OMMENDA I N(S)&BA KGROUND ARb JUSTIFICATION 1. Recommended Action: Authorize the Contra Costa County Purchasing Services Manager to sign the following service contract amendment identified below: Service contract with Doug Drewes is amended for an additional amount of$8000 raising the cap to $63,000. The service contract term is extended from July 1, 1998 to September 30, 1998. 11. Financial lmpact: None. All costs are supported by fees. Continued on Attachment: X SIGNATURE; ='�`" RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE —OTHER SIGNATURE(S): ACTION OF BOARD ON p4;, APPROVED AS RECOMMENDED 9 VOTE OF SUPERVISORS UNANIMOUS(ABSENT ji hereby certify t this is a true and AYES: NOES: of an actino takers and entered on on,the ABSENT: ABSTAIN; minutes of the Board of Supervisors on the state shown. SCH:Iv ATTESTED: g:lyledordl7-28.doc PHIL BA15 ELCOW, Cierk the Board Orig.Div:Administrative Services of Bl,t#3 isors and our> Administrator Contact: Cliff Hansen,925/3313.2349 c: Auditor Controller B � ,r'' '�"`--$@{3Ut General Services,purchasing y """ y Authorize PSM/Sign Agreement Drewes JuIX 28, 1998 Page Two Ill. Reasons for Recommendations and Background: The Public Warks Department has employed this consultant to provide assistance with Computer Aided Drafting systems operations and administration. The required work will exceed the $55,400 payment Limit and will go on beyond the time limit on the contract, so the limits need to be increased. IV. Consequences of Negative Action: The required work will not be accomplished. TO: BOARD OF SUPERVISORS FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: July Z8, '1998 SUBJECT: Approve and Authorize County Purchasing Services Manager to Sign Contract Amendment with Computer Programming Company for the Public Works Department Noland Group, Inc.) E ( } t ( } A A J A IZ5P 1. Recommended Action: APPROVE and AUTHORIZE the Contra Costa County Purchasing Services Manager to sign the service contract amendment identified below: Service contract with Voland Croup, inc., is amended for an additional amount of$103,500, raising the cap to $313,500. The service contract term is extended from July 1, 1998 to December 31, 1998. 11. Financial lmpact: None. All costs are supported by application fees and gas tax revenue. Continued on Attachment. lent: S€GNATURE: ✓; G �'�'��� RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE —OTHER SIGNATURE(S): ACTON OF BOARD ON ,a �,i Ick, &°,!$ APPROVED AS RECOMMENDED 'LSH VOTE OF SUPERVISORS I hereby certify that this is a true and correct UNANIMOUS{ABSENT } copy of an action taken and entered on the AYES: NOES:-.-'-.—. minutes of the Board of Supervisors can the ABSENT; ABSTAIN: date shown. ATTESTED: :IV PHIL rAT l~L.O , clerk fi the Board g:Iv\Bdordl7-28.doc of S11b rvisor�1�uty r Orig.Div:Administrative Services Contact: Cliff Hansen 925/313-2341 By c: Auditor Controller General Services,Purchasing Authorize PSM/Sign Agreement - Voland July 28, 1998 Page Two 111. Reasons for Recommendations and Background: The Public Works Department is employing this company to provide Computer Application Development Assistance which will include design coding and testing to reports and input forms to an Oracle database. IV. Consequences of Negative Action: The required database will not be established. ;c. BOARD OF SUPERVISORS Cont f FROM. SHEEN FF-CORONER ;' _. ��► Costa July 6, 1998un •, ,� DATE: CONTRACT WITH CONTRA. COSTA COUNTY OFFICE OF EDU'CATI N FOR SUBJECT: FUNDING AS S I STANCE FOR THE SCHOOL PROGRAMS SPECIFIC REQUESTS#OR RE*W 1&fift:b8 fiff AND JUSTIFICATION Approve and authorize the Sheriff-Coroner, or designee, to execute, on behalf of the COUNTY, a contract with Contra Costa County Office of Education for provision of adult education at the Contra Costa County adult detention facilities for the period July 1, 1998 to June 30, 1999 , in an amount not to exceed $123 , 887. 00. II. FINANCIAL IMPACT None. Total funding of this contract is from the Inmate Welfare Fund. These funds equal 20% of the total costs for the instructional staff required to deliver the program to the inmates. The office of Education pays 80°s . III. REASONS FOR RECOMMENDATION/BACKGROUND The County has contracted with the Contra Costa County Office of Education to provide Adult Education since JULY, 1985. This service provides inmates with education in basic: literacy, GED preparation, substance abuse prevention, computer skills, irrigation, flood control, landscaping, and horticulture projects. CONTINUED ON ATTACHMENT: � SIc�NArURE: RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD OMMITTEE _,,A APPROVE OTHER SIGNATURE S: ACTION OF BOARD ON ILA P- J ---APPROVED AS RECOMMENDED '"r51W94 VOTE OF SUPERVISORS t / i HEREBY CERTIFY THAT THIS IS A TRUE .J�.�.UNANIMOUS(ABSENT } AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS TH£DATE SHOWN. Contact Bill Schmidt x6-4252 ATTESTED Contact County Administrator SL BAT tOR.CLERK OF THE BOARD OF cc: County Office of Education SUPERVISORS AND COUNTY ADMINISTRATOR County Auditor-Controller Sheriff-Coroner Risk Management gY DEPUTY Contra Costa County Standard Form 6/90 PAYMENT PROVISIONS (Fee Basis Contracts) Number C-45245 1. Payment Amounts. Subject to the Payment Limit of this Contract and subject to the fallowing Payment Provisions, County will pay Contractor the following fee as full compensation for all services, work, expenses or costs provided or incurred by Contractor: [Check one alternative only.] [K1 a. $ 10,323.91 monthly, or [ b. $ per unit, as defined in the Service Plan, or [ ] c. $ after completion of all obligations and conditions herein. 2. Payment Demands. Contractor shall submit written demands. Said demands shall be made on County Demand Form D-15 and in the manner and formpprescribed' by County. Contractor shall submit said demands for payment no later than 30 days from the end of the month in which the contract services upon which such demand is based were actually rendered. U on approval of said payment demands by the head of the County Department for which this Contract is made, or his designee, County will make payments as specified in Paragraph 1. (Payment Amounts) above. 3. Penalty for Late Submission. When Contractor fails to submit to County a timely demand for payment"as specified in Paragraph 2. (Payment Demands) above, and as a result of ..Contractor's late submission the County is unable to obtain reimbursement from the State of California or otherwise: to the extent the County's recovery of funding is prejudiced, County shall not pay Contractor for such services, even though such services were fully provided. 4. Right to Withold. County has the right to withold payment to the Contractor when, in the opinion of the County expressed in writing to the Contractor. (a) the Contractor's performance, in whole or in part, either has not been carried out or is insufficiently documented, (b) the Contractor has neglected, ' failed or refused to furnish information or to cooperate with any inspection, review or audit of its program, work or records. or (c) Contractor has failed to sufficiently itemize or document its demand(s) for payment. 5. Audit Exceptions. Contractor agrees to..accept responsibility for receiving, replying to, and/or complying with any audit exceptions by appropriate County, State or Federal audit agencies occurring as a result of its performance of this Contract. Contractor also agrees to pay to the County within 30 days of demand by County the full amount of the County's obligation, if any, to the State and/or Federal government resulting from any audit exceptions, to the extent such are attributable to the Contractor's failure to perform properly any of its obligations under this Contract, Initials. . �K CfT%-c—tor County epi ,e Contra Costa County Standard Form (Rev. 1195) OVALS/ACKNOWLEDGMENT Number APPROVALS RECOMMENDED BY DEPARTMENT FORM APPROVED COUNTY COUNSEL By By. . Designee Deputy APPROVED: COUNTY ADMINISTRATOR ' By: Designee ACKNOWLEDGMENT STATE OF CALIFORNIA ) ) ss. COUNTY OF CONTRA COSTA) On , June 10. 1998 . before me Janice N. Harski (insert name and title of the officer), personally appeared Joseph A. Ovick t Superintendent and Ellen M. Elster_,___Deputy Superintendent, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s)whose name(s)Ts/are subscribed to the within instriment and acknowledged to me that bnOwAhey executed the same in#tVA&Itheir authorized capacity(ies), and that by kkAw.Wtheir signature(s) on the instrument the .person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. irlrii S MY HAND AND OFFICIAL SEAL. caftwft L%M-Mclln- I 2 im Lll� CdrftCWQCft#* ' Signature ra ACKNOWLEDGMENT(by.Cocpotion,Partnership,or Individual) " (Civil Cade§1189) ...... _ Cont7a,Costa County Standard Form 1/87 GENERAL CONDITIONS (Purchase of Services) L 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. 2. Inspection. Contractor's performance, place of business and records pertaining to this Contract are subject to monitoring, inspection, review and audit by authorized representatives of the County, the State of California, and the United States Government. 3. Records. Contractor shall keep and make available for inspection and copying by authorized representatives of the County, the State of California, and the United States Government, the Contractor's regular business regards and such addition-1 records pertaining to this Contract as may be required by the County. a. Retention of Records. The Contractor shall retain all documents pertaining to this Contract for five years from the date of submission of Contractor's sinal payment demand or final Cost Report; for any further period that is required by law; and until all Federal/State audits are complete and exceptions resolved for this contract's funding period. Upon request, Contractor shall make these records available to authorized representatives of the County, the State of California, and the United States Government. b. 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 or to the Comptroller General, 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 County, to the Secretary or to the Comptroller General, 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 thereunder. 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. 4. Renorrtinz Requirements. Pursuant to Government Code Section 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. 5. 'Termination. a. Written Notice. This Contract may be terminated by either party, at their sole discretion, upon thirty written advance ritten notice thereof to the other, and may be cancelled immediately by written mutual consent. 1 . Contra Costa County Standard Form 1187 GENERAL CONDITIONS (Purchase of Services) b. Failure to Perforrn. The County, upon written notice to Contractor, may immediately terminate this Contract should the Contractor fail to perform properly any of its obligations hereunder. In the event of such termination, the County may proceed with the work in any reasonable manner it chooses. The cast to the County of completing Contractor's performance shall be deducted from any sura due the Contractor under this Contract, without prejudice to the County's rights otherwise to recover its damages. C. Cessation of Funding. Notwithstanding Paragraph 5.a. above,in the event that Federal,State, or other non-County funding for this Contract ceases, this Contract is terminated without notice. 6. Entire Aeree entr This Contract contains all the terms and conditions agreed upon by the parties. Except as expressly provided herein, no other understanding, oral or otherwise, regarding the subject matter of this Contract shall be deemed to mist or to bind any of the parties hereto. 7. Further Specifications for Onenatina- Procedures. Detailed specifications of operating procedures and budgets required by this Contract, including but not limited to, monitoring, evaluating, auditing, billing, or regulatory changes, may be developed and set forth in a written Informal Agreement between the Contractor and the County. Such Informal Agreements shall be designated as such and shall not be amendments to this Contract except to the extent that they further detail or clarify that which is alreadyrequired hereunder. Such Informal Agreements may not enlarge in any manner the scope of this Contract, including any sums of money to be paid the Contractor as provided herein. Informal Agreements may be approved and signed by the head of the County Department for which this Contract is made or his designee. 8. Modifications and Amendments. a. Genet-1 Amendments. This Contract may be modified or amended by a written document executed by the Contractor and the Contra Costa County Board of Supervisors or, after Board approval, by its designee, subject to any required State or Federal approval. b. Administrative Amendments. Subject to the Payment Limit, the Payment Provisions and the Service Plan may be amended by a written administrative amendment executed by the Contractor and the County Administrator or his designee, subject to any required State or Federal approval, provided that such administrative amendments may not materially change the Payment Provisions or the Service Plan. 9. 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 heard 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. 10. Choice of Law and Personal Jurisdiction. a. This Contract is made in Contra Costa County and shall be governed 'and construed in accordance with the laws of the State of California. b. Any action relating to this Contract shall be instituted and prosecuted in the courts of Contra Costa County, State of California. 2 Conim Costa County Standard Form 1/87 GENERAL CONIC MONS (Purchase of Services) 11. Conformance with Federal and State Regulations and Laws. Should Federal or State regulations or laws touching upon the subject of this Contract be adopted or revised during the term hereof, this Contract shall be deemed amended to assure conformance with such Federal or State requirements. 12. No Waiver by County. Subject to Paragraph 9. (Disputes) of these General Conditions, inspections or approvals,or statements by any officer,agent or employee of the County indicating the Contractor's performance or any part thereof complies with the requirements of this Contract, or acceptance of the whole or any pact of said performance, or payments therefor, or any combination of these acts, shall not relieve the Contractor's obligation to fulfill this Contract as prescribed; nor shall the County be thereby estopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions of this Contract. 13. Subcontract and Ass ?-nmerr# This Contract binds the heirs, successors, assigns and representatives of Contractor. The Contractor shall not enter into subcontracts for any work contemplated under this Contract and shall not assign this Contract or monies due or to become due, without the prior written consent of the County Administrator or his designee, subject to any required State or Federal approval. 14. Independent Continctor Status. This Contract is by and between two independent contractors and isnot intended to and shall not be construed to create the relationship between the parties of agent, servant, employee, partnership, joint venture or association. 15. Conflicts of Interest. Contractor, its officers, partners, associates, agents, and employees, shall not make, participate in making, or in any way attempt to use the position afforded them by this Contract to influence any governmental decision in which he or she knows or has reason to know that he or she has a financial interest under California Government Code Sections 87100, et seq., or otherwise. 16. Confidentiality. Contractor agrees to comply and to require its officers, partners, associates, agents and employees to comply with all applicable State or Federal statutes or regulations respecting confidentiality, including but not limited to,the identity of persons served under this Contract,their records, or services provided them, and assures that: a. All applications and records concerning any individual made or kept by Contractor or any public officer or agency in connection with the administration of or relating to services provided under this Contract will be confidential, and will not be open to examination for any purpose not directly connected with the administration of such service. b. No person will publish or disclose or permit or cause to be published or disclosed, any list of persons receiving services, except as may be required in the administration of such-service, Contractor agrees to inform all employees, agents and partners of the above provisions, and that any person knowingly and intentionally disclosing such information other than as authorized by law may be guilty of a misdemeanor. 17. 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. 18. 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, 3 contra Costa County Standard Form 1/87 GENERAL CONDITIONS ` (Purchase of Services) servants, 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 reimburse the County for any expenditures, including reasonable attorneys' fees,the County may make by reason of the matters that are the subject of this indemnification, and if requested by the County will defend any claims or litigation to which this indemnification provision applies at the sole cost and expense of the Contractor. 14. Insurance. During the entire term of this Contract and any extension or modification thereof, the Contractor shall keep in effect insurance policies meeting the following insurance requirements unless otherwise expressed in the Special Conditions: a. Liability Insurance. The Contractor shall provide comprehensive liability insurance,including coverage for owned and non-owners automobiles, with a minimum combined single limit coverage of$500,000 for all damages, including; consequential damages, due to bodily injury, sickness or disease, or death to any person or damage to or destruction of property, including; the loss of use thereof, arising from each occurrence. Such insurance shall be endorsed to include the County and its officers and employees as additional insureds as to all services performed by Contractor under this agreement. Said policies shall constitute primary insurance as to the County, the State and Federal Governments, and their officers, agents, and employees, so that ether insurance policies held by them or their self-insurance program(s) shall not be required to contribute to any loss covered under the Contractor's insurance policy or policies. b. Workers' Compensation. The Contractor shall provide workers' compensation insurance coverage for its employees. C. Certificate oUnsurance. The Contractor shall provide the County with (a) certificate(s) of insurance evidencing liability and worker's compensation insurance as required herein,po later than the effective date of this Contract. If`the Contractor should renew the insurance policy(ies)or acquire either a new insurance policy(ies) or amend the coverage afforded through an endorsement to the policy at any time during the term of this Contract, then Contractor shall provide (a) current certificate(s) of insurance.' d. Additional Insurance Provisions. The insurance policies provided by the Contractor shall include a provision for thirty (30) days written notice to County before cancellation or material changes of the above specified coverage. 20. Notices. All notices provided for by this Contract shall be in writing and may be delivered by deposit in the United States snail, postage prepaid. Notices to the County shall be addressed to the head of the County Department for which this Contract is made. Notices to the Contractor shall be addressed to the Contractor's address designated herein. The effective date of notice shall be the date of deposit in the mails or of other delivery, except that the effective date of notice to the County shall be the date of receipt by the head of the County Department for which this Contract is made. 21. Primacy of General Conditions. Except for Special Conditions which expressly supersede General Conditions, the Special Conditions (if any) and Service Plan do not limit any term of the General Conditions. 22. Nonventwal. Contractor understands and agrees that there is no representation, implication, or understanding that the services provided by Contractor under this Contract will be purchased by County under a new contract following expiration of termination of this Contract, and waives all rights or claims to notice or hearing respecting any failure to continue purchase of all or any such services from Contractor. 4 .................. Conus Cpsta County Standard Form 1/87 GENERAL CONDMONS (Purchase of Services) 23. Possessory Interest If this Contract results in the Contractor having possession of, claim to or right to the possession of land or improvements, but does not vest ownership of the land or improvements in the same person, or if this Contract results in the placement of taxable improvements on tax exempt land (Revenue & Taxation Code Section 107), such interest or improvements may represent a possessory interest subject to property tax, and Contractor may be subject to the payment of property taxes levied on such interest. Contractor agrees that this provision complies with the notice requirements of Revenue & Taxation Code Section 107.6, and waives all rights to further notice or to damages under that or any comparable statute. 24. No ThiiA-Party Beneficiaries. Notwithstanding mutual recognition that services under this Contract may provide some aid or assistance to members of the County's population, it is not the intention of either the County or Contractor that such individuals occupy the position of intended third-party beneficiaries of the obligations assumed by either part)C to this Contract. 25. Copyrights and Rights in Data.. Contractor shall not publish or transfer any materials produced or resulting from activities supported by this agreement without the express written consent of the County Admini- strator. If any material is subject to copyright, the County reserves the right to copyright such and the Contractor agrees not to copyright such material. If the material is copyrighted, the County reserves a royalty- free, nonexclusive, and irrevocable license to reproduce, publish, and use such materials, in whole or in part, and to authorize others to do so. 26. Endorsements. Contractor shall not in its capacity as a contractor with Contra Costa County publicly endorse or oppose the use of any particular brand name or commercial product without the prior approval of the Board of Supervisors. In its County contractor capacity, Contractor shall not publicly attribute qualities or lack of qualities -to—a particular brand name or commercial product in the absence of a well- established and widely-accepted scientific basis for such claims or without the prior approval of the Board of Supervisors. In its County contractor capacity, Contractor shalt not participate or appear in any commercially- produced advertisements designed to promote a particular brand name or commercial product, even if Contractor is not publicly endorsing a product, as long as the Contractor's presence in the advertisement can reasonably be interpreted as an endorsement of the product by or on behalf of Contra Costa County. Notwithstanding, the foregoing, Contractor may express its views on products to other contractors, the Board of Supervisors, County officers, or others who may be authorized by the Board of Supervisors or by law to receive such views. 27. Re reined Audit If Contractor is funded by $25,000 or more in federal grant funds in any fiscal year from any source, Contractor shall provide to County at Contractor's expense an audit conforming to;the requirements set forth in the most current version of Office of Management and Budget Circular A-133. If Contractor is funded by $25,0-00 to $100,000 in federal grant funds in any fiscal year from any source, Contractor shall arrange for conduct of the federally-required audit biennially and shall submit the audit to County in the time, form, and manner required by the most current version of Office of Management and Budget Circular A-133 and by County. If Contractor is funded by $100,000 or more in federal grant funds in any fiscal year from any source, Contractor shall arrange for the federally-required audit annually and shall submit the audit to the County in the time, form, and manner required by the most current version of Office of Management and .Budget Circular A-133 and by County. Contractor is solely responsible for arranging for the conduct of the audit, and for its cost, and County may withhold the estimated cost of the audit or 10 percent of the contract amount, whichever is larger, or the final payment, from Contractor until County ;receives the audit from Contractor. 5 Number C-45245 SPECIAL CONDITIONS CONTRACT WITH COUNTY OFFICE OF EDUCATION 1. Paragraph 18 (Indemnification) of the General Conditions is superseded and replaced with the following provision: a. The Contractor shall defend, save harmless and indemnify the County and its officers, agents and employees from all liabilities and claims for damages for death, sickness or injury to personsor property, includog without limitations, all consequential damages, from any cause whatsoever arising from or connected with the operations or the services of the Contractor hereunder, resulting from the conduct, negligent or otherwise, of the Contractor, its agents or employees. b. The County shall defend, save harmless and indemnify the Contractor and its officers, agents and employees from all liabilities and claims for damages for death, sickness or injury;to persons or property, including without limitations, all consequential damages, from any cause whatsoever arising from or connected with the operations or the services of the County hereunder,'resulting from the conduct, negligent or otherwise, of the County, its agents or employees. 2. Paragraph 2 (Payment Demands) of the Payment Provisions is supplemented by the following: a. Each written demand for payment submitted by the contractor shall include documentation showing all of the hours of service performed by the Contractor's staff for the period covered by the demand, when such services were performed, at what detention facility such services were performed, and the names of the individuals who performed such services. b. At least 30 days before any scheduled vacation or leave of more than two weeks (10 working days) duration for any of the Contractor's staff providing services hereunder, the Contractor shall deliver written notification of such scheduled vacation or leave to the Custody Services Bureau Commander. If determined necessary by the Facility Commander, and subject to the security needs of the detention facilities, the Contractor shall provide replacements for persons on such vacation or leave. Page 1 of 1 SERVICE PLAN COUNTY OFFICE OF EDUCATION A. CONTRACTOR'S OBLIGATIONS.- Contractor BLIGATIONS:Contractor shall provide the following services, including but not limited to: 1. SCHOOL PROGRAM The contractor shall provide inmates direct instruction including but not limited to instruction in the following areas: Orientation Adult Basic Education GED Preparation Nigh School Subjects Computer Literacy Vocational Education -Gardener/Landscape Substance Abuse Education Jab Developement Above classes will be establaslfed and maintained in accordance with the CaliforniaEducation Code, and shall be approved by the County Board of Education. The .lob Developer position will work with the Alternative Educational Department of the County Office of Education in assisting with the placement of at risk inmates in positive employment situations through the Neighborhood Youth Corp (NYC). The goal of job development is to prepare the inmate for successful transition to his or her community. The landscape instructor will teach landscaping skills to the inmates through classroom and hands-on landscaping work at the Marsh Creek Detention Facility. The woad shop instructor will teach basic wood shop skills in toy making, bike repairs, welding and teach furniture repair to the inmates at the Marsh Creek Detention Facility. The contractor will provide classroom instructors, instructional materials, equipment; and support services. 2. PROGRAM SUPPORT AND COORDINATION The contractor shall provide an administrator who will administer program, supervise all school staff, coordinate with all jail sites, provide for program evaluation and serve as a single designee of the County Office of Education to the Custody Services Bureau Commander. 1 3. EVALUATION The contractor shall provide an annual written report of both program and student outcomes. Criteria for the evaluation of the school program shall be established by the contractor, after consultation with the Adult Education Advisory Committee. Performance measures shall be based upon established program and course goals and objectives. After consultation with Adult Education Advisory Committee, this annual process will include a survey of teachers, detention facility staff, and inmates,. The survey results will be utilized to help establish subsequent year annual goals and objectives, provided such goals and objectives fall within the guidelines of the state Education Code, County Office of Education policy, program budget and are reviewed and approved by the Adult Education Advisory Committee. B. STUDENT RECORDS In accordance with the Education Code, Section 5125.1 d, the Sheriff-Coroner shall provide space for the contractor's maintenance of current records of inmates actively enrolled in the school program. Student records shall include file folder, legal attendance documents, transcripts and samples of student work. At the Martinez Detention Facility, transcripts from all sites representing the last three years and other records from the current year plus one year pervious will be stored on site, behind the folding doors within the school department area. At Marsh Creek Detention Facility, records from the current school year plus two years previous, will be stored on site in the school office. Transcripts will be sent to Martinez Detention facility and kept in the central transcript file. �. At West County Detention Facility, records from the current school years plus two years previous, will be stored in the school office. Transcripts will be sent to the Martinez Detention Facility and kept in the central transcript file. Student records from all three sites will be purged and boxed by the contractor at the end of each school' year. Any files not representing the upcoming school year plus two years previous; will be moved to West County Detention Facility for storage. C. ADULT EDUCATION ADVISORY COMMITTEE Contractor shall establish with the assistance of the Sheriff Coroner, an Adult Education Advisory Committee. Such committee shall be composed of the Director of Alternative Education, the Program Administrator, all teachers-in-charge and/or other designated teachers as appropriate, the Detention Division Commander, the Detention Division Administrative Lieutenant, facility commanders, and/or other custody personnel as appropriate. The committee shall meet at least once per quarter, and shall establish: 1. Program graduation schedules 2. GED testing schedules 3. Annual program goals and objective review 4. Safety and security training format and schedule for school staff 11. SHERIFF-CORONER OBLIGATIONS: The County, through the Sheriffs Department, shall provide ongoing support to the Contractor in performing services in the Service Plan. Said support shall include, but not;be limited to, the following: A. Provide classroom and office space. B. Provide utilities (electricity, water, garbage, telephone and modem lines). C. Provide inter-site mail and delivery services via Department transportation. D. Continue current level of provision of photocopying services. E. Designate a coordinator/liaison to work with the contractor in the contractor's performance of this contract. F. Whenever possible, to provide 48-hour notice whenever classes are to be canceled. G. Compensate the Contractor (through the Inmate Welfare Fund) for 20% of the total personnel expenses incurred for Instructional Staff as described below. INSTRUCTIONAL STAFF 14 Part Time Instructors 4 Full-Time Instructors 1 Instructional Assistant Salary $549,957.00 Benefits 9'1.634.00 TOTAL 1516,430 20% of Total $103,287.00 1 .lob Developer, 16 hrs. Per week 50 Weeks per year x 20.74/hour Salary $16,600.00 Benefits 4.000.00 TOTAL $20,600.00 $20,600.00 TOTAL $123,887.00 _.. . ......... ......... ......... ......... ......... ......... ....._.. . _.............11...............1.1 _. ... ........ ._......_. ......... ........_.._._........_._................_...._.. ......... ......... ......... ......... ......... �--`_ore TO: BOARD OF SUPERVISORS ���,• Contra Cfttlk FROM: DENNIS M. BARRY, AICP County COMMUNITY DEVELOPMENT DIRECTOR DATE: July 21, 1998 SUBJECT: CONTRACT AMENDMENT ON THE EAST COUNTY BIODIVERSITY TASK FORCE (C45882-00) SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND & JUSTIFICATION RECOMMENDATIONS AUTHORIZE the Community Development Director to execute a contract'amendment with the firm of Biluhon'Planning Group in the amount of$15,000.00 for planning and facilitation services to support completion of the East County Biodiversity Study within the East County Task Force consensus process. This amendment, which is effective May 1, 1998, increases the contract amount from $24,850.00 to $39,850.00, and extends the contract term from June 30, 1998 through December 31, 1998. FISCAL IMPACT Costs associated with this contract amendment have already been allocated for this purpose by the Board or will be provided by other participating public agencies. Other Biodiversity Working Group signatory agencies will contribute $12,500 to the County to fund. The $2500 in County funds to be used in this amended contract have been previously allocated by the Board in FY 96-97 and 97-98 from Keller Canyon Open Space Mitigation fees earmarked for Biodiversity. BACKGROUND/REASONS FOR RECOMMENDATIONS The Alameda-Contra Costa Biodiversity Working Group was initially formed by six agencies within the two county area in response to the 1991 Memorandum of Understanding on \ CONTINUED ON ATTACHMENT: X YES SIGNATURE:a*-�&. � RECOMMENDATION OF COUNTY ADMINISTRATOR--._ RECOMMENDATION OF BOARD COMMI EE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON Afwr 9 APPROVED AS RECOMMENDED -4 e9FHER VOTE OF SUPERVISORS 1 HEREBY CERTIFY THAT THIS 1S A UNANIMOUS {ABSENT ` 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: John Kopchik, CDD (335-1227) ATTESTED Orig: Community Development Department P B HELOR, CLERK OF cc: CAO THE BOARD OF SUPERVISORS Purchasing AND COUNTY ADMINISTRATOR BY DEPUTY h:\jkopc\john-old\ectfbluh.bo CONTRACT AMMENDMENT ON EAST COUNTY BIODIVERSITY STUDY July 23, 1998 Page 2 of 2 Biodiversity between State and federal agencies, and the subsequent meeting of Secretary of the Interior Bruce Babbitt and Congressman George Miller at the John Muir House in Martinez. Signatories of the Alameda-Contra Costa Biodiversity Working Group agreement letter include the two counties, Contra Costa Water District, East Bay Municipal Utility District, East Bay Regional Park District, and the Department of Fish and Game. The Working Group initiated the East County Pilot Study in 1995,with the goal of improving the information base for decisions on land use and natural resources. Technical consultants for the project performed preliminary work on the Pilot Study in late 1995 and 1996, and this preliminary material was presented at Working Group meetings and focused workshops for landowners and developers. Manyindividuals and organizations expressed concern that they had not been involved in the project early enough. To address this concern, and to ensure that the study was developed in a structured manner with broad participation by a wide range community interests and public agencies, the East County Task Force was formed in April of 1997 to guide the Pilot Study by a consensus-driven process. The Task Force consists of representatives of landowner, developer, conservation, and regulatory/resource management agency interests. In its monthly meetings since April of 1997, the Task Force has: approved organizational agreements and consensus texts for inclusion in the study; commissioned a biological review committee comprised of university professors and professional consultants to review preliminary technical work on the study; discussed the study methodology and data in detail with technical consultants; discussed problems with the current process for conserving biological resources and opportunities for improving this process; and heard the diverse views of Task Force members on the general topic of conserving biological resources. It is anticipated that the Task Force Force consensus 'process can be concluded by September or October. Bluhon Planning Group plans the Task Force consensus process, conducts meetings, and prepares meeting materials and study documents, but has reached the current contract limit. Staff recommends that the Board authorize the use of the County's Keller Canyon Mitigation funds already allocated for this purpose as well a funds to be contributed by other agencies to support an amended contract, to complete the East County Biodiversity Study and the East County Task Force, and to help develop consensus on opportunities for effectively and cooperatively addressing issues related to land use and natural resources. Attachments: • East County Task Force roster • East County Task Force Background Statement • Contract amendment h:\jkopc\john-old\ectfbluh.bo (Ratified by the Task Force on 5122197, corrected on 7124197) East County Task Force Roster AGRICULTURE/PRIVATE LAND OWNERS DEVELOPERS Alameda County Land Owner(shared) Cowell Ranch Project Gene Broadman,Delores Cornwell Gary Craft Contra Costa Farm Bureau Home Builders Association of N. California Mire Vukelich Paul Campos,Phil Serna(alt.) Citizens Land Alliance(alternates) North Livermore Project(Z large property Jim Gwerder,Frank Pereira owners in the area) Bill Clarke,Connie Goldade(alt.) Alameda/Contra Costa Cattlemen's Association Signature Properties Larry Plog Ken Crews,(Mark Stice?) CONSERVATION ADVOCACY ORG.'s GOVERNMENT AGENCIES' Audobon Society City of Antioch Al McNabney Victor Camiglia Greenbelt Alliance City of Livermore Tom Mooers Terry Watt Save Mount Diablo Resource Conservation Districts(shared) Seth Adams Sheila Barry,Alameda County RCD Leonard Gerry,CC County RCD Sierra Club Michele Perrault,Margaret Tracy(alt.) U.S.Fish and Wildlife Service Sheila Larsen COMMUNITY REPRESENTATIVES BWG AGENCIES Byron Municipal Advisory Council Alameda County(alternates) Stephen Herrick Chris Bazar,Dunia Noel Citizen/long-time BWG participant Contra Costa County(alternates) Marjorie LaBar Roberta Goulart,John Kopchik Contra Costa Chambers of Commerce Contra Costa Water District(alternates) Henry Alker,Linda Brewer(alt.) Dennis McCormac,Dennis Pisila League of Women Voters(alternates) Department of Fish and Game(alternates) Pat Mann,June Perry Joanne Karlton,Carl Wilcox South Livermore Agricultural Land Trust East Bay Regional Park District(alternates) Valerie Raymond,Lois Lutz(alt.) Brad Olson,Beth Stone (R&vle*edlrmsed and ret/fied unanimously by that Task Fo". 12111197. Revlslons are undart nod.) East County Pilot Study Background Statement: The Problems with and Need for Improving the Process of Conservin and Managing Biological Resources A. INTRODUCTION AND PURPOSE OF THIS BACKGROUND STATEMENT The East County Pilot Study Task Force has discussed and identified some of the problems with the current process of conserving and managing biological resources. The following discussion summarizes some of these problems, some reasons why the current process does not satisfy the needs of the parties involved, and some potential benefits of improving the current process. B. PROBLEMS WITH THE CURRENT PROCESS OF CONSERVING BIOLOGICAL RESOURCES The current process of assessing and mitigating impacts to biological resources on public and private land is sometimes inefficient and ineffective. Some problems include. 1) The development approval process is expensive for project sponsors and regulatory agencies. Project sponsors often must expend time and money to complete environmental studies without assurances that they will receive the necessary approvals and permits. Z) Biological resource conservation and manag=ent efforts have not been successful in stopping the decline of sensitive animal and plant species. 3) The burden of preserving or mitigating impacts to biological resources is often not shared equally among land owners. The last properties to be developed in a biologically sensitive area are sometimes left with a larger share of responsibility to protect sensitive resources than adjacent properties developed earlier. 4) Regulatory agencies require mitigation measures to preserve and recover biological resources which sometimes do not effectively protect the resource or are too costly for the project sponsor. 5) The burden of preserving biological resources can fall disproportionately on landowners and agriculturist. b) The lack of information on a regional basis can be a factor that leads to a focus on single species protection and project-by-project mitigation which do not account for the regional scale of managing biological resources. 7) Agriculturists and other landowners are not always provided',adequate Incentives for resource stewardship. C INFORMATION DEFICIENCIES IN RESOURCE CONSERVATION,&N ►Z MANAGEMENT Effective conservation and m,1na1= efforts of landowners :and agencies require good information on the biological resources of an area. Inadequate PROBLEMSMEEO f©fl IMPROVING THE PROCESS OF CONSEFMNG BIOLOGICAL RESOURCES 1 resource information can result in poor conservation strategies and results. Listed below are several examples of how inadequate information is used or how good Information is misused in biological conservation efforts: 1) Information about a site is not always shared among regulatory agencies, landowners, project sponsors, and other interested parties. 2) int asencies with dIUC=t mandates aumetim a use different information sets to assess impacts. This can result in contradictory mitigation requirements being required by different agencies.' 3) Often there is inadequate c r i=rrcet biological information about a site and its regional context. This can inhibit creative and cost-effective solutions for conserving resources and mitigating impacts. Without adequate information regulatory agencies face greater difficulty to provide flexible mitigating measures. 4) Agriculturists, landowners, project sponsors, and regulatory agencies sometimes do not agree on resource maps and habitat boundaries. D. WAYS TO IMPROVE BIOLOGICAL RESOURCE INFORMATION Listed below are some of the ways that the process of developing and using biological resource information could be improved by resource agencies and local government: 1) Coordinate the dissemination of uniform data and mappinginformation among necessary agencies and private entities. 2) Gather information and assess impacts to biological resources on a regional scale rather than on a site-by-site basis. 3) Develop and use information that is mutually accepted by resource agencies, project sponsors, agriculturists, landowners, and conservation groups. E. POTENTIAL BENEFI'T'S OF IMPROVING BIOLOGICAL RESOURCE INFORMATION An improved regulatory process could better ggs and preserve the East County's natural and cultural heritage, a goal shared by landowners,business, agriculturists, conservation groups, and the broader community. Certain improvements in the way biological resource information is gathered, disseminated, and used could benefit the interests of landowners and project sponsors and the process of resource assessment and conservation. Some benefits Might include or lead to: • Reduced time and cost of securing project approvals. • Increased efficiency and effectiveness of managing biological resources. • Reduced level of responsibility on a single project sponsor to mitigate biological impacts. �► Reduced time and cost of project review by multiple agencies.' PROBLEMS/NEED FOR IMPROVtW THE PROCESS OF CONSFAV#JG B*LOG#GAL RESOURCES 7 __ • Increased opportunities for compensating landowners and agriculturists for the stewardship of biological resources on their land. * Greater certainty as to what compliance with resource regulations will entail and what/how resources will be protected. PRODLEM&IN UD FOR IMPROVING 7H9 PROCS$S OF CONSSRVINO B1M0040AL RESOURCES 3 SHORT FORM SFRVICF CONTRACT AMENDMENT/EXTENSION AGREEMENT Contra Costa County Number# C45882-00 Standard Form (6/95) Fund/©rg# 3524-2310-X96-YBCTRT I. Identification of Con#rad to be Amended Number: C45882-00 Effective Date: November 1, 1996 Department: COWAUNITY DEVELOPMENT DEPARTMENT Subject: East County Biodiversity Study 2_ Parties. The County of Contra Costa,California(County),for its Department named above,and the fallowing named Contractor mutually agree and promise as follows: Contractor: BLUH©N PLANNING GROUP Capacity: Sole Proprietor Taxpayer ID# 564-41-9066 Address: 261 Purdue Avenue,Kensington,CA 94708-1136 3. Amendment Date. The effective date of this Contract Amendment is May 1, 1998. 4. Amendment Specifications. This Contract identified above is hereby amended as set forth in the"Amendment Specifications" attached hereto which are incorporated herein by reference. 5. Extension of term.The term of the above described contract between the parties hereto is hereby extended from.lune 30, 1998 to December 31, 1998,unless sootier terminated as provided in said contract. 6. Payment Limit Inerease, The payment limit of the above described Contract between the parties hereto is hereby increased by 5,000.00 from$24,850.00 to a new total Contract Payment Limit of$39,850.00. 7. Signatures. These signatures attest the parties'agreement hereto. COMY OF CONTRA COSTA.CALIFORNIA CONTRACTOR By: By: Designee Recommended by Department: (Designate business capacity) By: Designee Approved: County Administrator By: Designee [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 and Corporations Code Section 313). All signatures must be acknowledged as set forth on page two. DW3:mb a:bcmtraot�98\81+�3.aard C45882-00 AMENDMENT SPECMCATIQNNS 1. Increase the contract amount by an additional$15,000.00,raising the payment limit to$39,$50.00. 2. the contract term from.lune 30,19'98 through December 31,1998. 3. All other terms and conditions specified in the contract remain thg.sa me. DWJ=b s:ioorMraot198181uFuw:�-a.amd TO: BOARD OF SUPERVISORS Contra r Steven A. Steinbrecher, Director of FROM: _`.. Costa Information TechnologyCou „ ty DATE: �°s'� c8ur• June 22, 1098 SUBJECT: Consulting Services SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. RECOMMENDED ACTION: Approve and authorize the Chair of the Board of Supervisors to execute an agreement amendment with Darrell Jefferson to increase the contract payment limit from $40,000 to $100,000 and extend the contract term from June 30, 1998 to December 31, 1998. 11. FINANCIAL IMPACT: None. Funding is already approved. III. REASON FOR RECOMMENDATION AND BACKGROUND: The current contract will allow Darrell Jefferson to assist the Auditor and the Human Resources staff with PeopleSoft modifications necessary to perform required payroll functions. t �S CONTINUED ON ATTACHMENT: YES SIGNATURE: : RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURES: ACTION OF SOARD ON APPROVED AS RECOMMENDED t7!'FlC4C" VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE ...L._UNANIMOUS(ASSENT } AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED OZTHEMI T€S OF TliE BOARD ABSENT: ABSTAIN: OF SUPERVISORTE HOWN. 00, ATTESTED of Contact: ILS LOR,CL K GAF THE BOARD OF cc: SUPERVISORS AND COUNTY ADMINISTRATOR BY 'DEPUTY Contra Costa County Number: C46199 Standard Form 1187 CONTRACT AMENDMENT AGREEMENT Fund: 1695 (Purchase of Services) Account: 2310 1. Identification of Contract to be Amended. Number: C46199 Effective Date: February 1, 1998 to December 31, 1998 Department: CAO/Department of Information Technology Subject: Consulting services 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: Darrell Jefferson Capacity: Individual Taxpayer ID 513-47-3870 Address: 8028 McCormick Ave. Oakland, CA 94605 3. Amendment Date. The effective date of this Contract Amendment Agreement is July 01, 1998. 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. Signatures. These signatures attest the parties' agreement hereto: COUNTY OF CONTRA COSTA,CALIFORNIA BOARD OF SUPERVISORS Attest: Phil Batchelor, Clerk of the Board of Supervisors and County Administrator # By; Chairman/D( ignee Deputy CONTRACTOR By By: � � (Designate official business capacity A.) (Designate official business capacity B.) Nate 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 harm(Rev. 1185) Number: C46074 APPROVALS/ACKNOWLEDGMENT APPROVALS RECOMMENDED BY DEPARTMENT FORM APPROVED COUNTY COUNSEL By: Sy' 9 16 APPROVED: COUNTY ADMINISTRATOR By: &.e-- (itDesignee ACKNOWLEDGMENT STATE OF CALIFORNIA } )SS. COUNTY OF CONTRA COSTA } On UYIC before me, 1.. ' v6p5'N- (insert name and title of the officer}, personnally appeared Le, 1 D_q v r t t (or proved to me on the basis of satisfactory evidence) to be the persorW_whose nam lege subscribed to the within instrument nd acknowledged to me that( shelthey executed the same in ifherTtheir authorized capaci#y(ae�','and #hat bykerltheir signature.(s}'on the instrument the persono. , or the entity upon behalf of which the personlW acted, executed the instrument. WITNESS MY HAND AND OFFICIAL SEAL. ' wont `won* 11566M y NotrYt};r Pubr`ic Ctsli txniQ COMM 0000 County ACKNOWLEDGMENT(by Corporation, Partnership, or Individual) (Civil Code§1188) ......... ......... ......._. .. ._.._.. ......... ........ .......... ......_.. ........ ........ ........_.................... ......... _... ......... ......... AMENDMENT SPECIFICATION Number: C46074 In consideration for Contractor's willingness to continue to provide consulting services, County agrees to extend the expiration date and increase the payment limit. County and Contractor agree, therefore, to amend the Contract identified herein as set forth below while all others parts of the Contract remain unchanged and in full force and effect. 1. Extend the termination date of contract to December 31, 1998. 2. Increase payment limit to$100,000. Increase of$60,000. Initials: Contra for County Dept.