HomeMy WebLinkAboutMINUTES - 09211999 - C208-C212 ..............................
345-9802(L)lA.I.1.7
TO: BOARD OF SUPERVISORS
FROM: BARTON J. GILBERT, DIRECTOR OF GENERAL SERVICES Contra
Casty
DATE: September 21, 1999 County
SUBJECT: APPROVING THE FIRST AMENDMENT TO THE CONSULTING SERVICES
AGREEMENT FOR TENANT IMPROVEMENTS, 2311 LOVERIDGE ROAD,
PITTSBURG,FOR.HEALTH SERVICES DEPARTMENT(WH604B)
SPECIFIC REQUESTS OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
1. RECOMMEIN`DATION
A. APPROVE First Amendment authorizing extra work under the Consulting Services Agreement
dated December 1 1998, with Mechanical Consulting Company, for Tenant Improvements,>Los
Medanos Health Center, 2311 Loveridge Road, Pittsburg, for health Services Department. The
First Amendment increases the scope of services and increases the Payment limit from $24,900.00
to $45,290.€ 4, an increase of$24,390.00.
B. AUTHORIZE the Director of General Services to execute the First Amendment to the consulting
services agreement, and to issue written authorizations for extra work, in addition to the
authorization for the First Amendment, provided that the cumulativetotal extra cost for such
additional authorizations shall not exceed$4,504.40.
Il. F1NAN AI IMPA T
Sufficient funds are available in the bond financing for this project to cover this increase in the
Consultant's payment limit.
CONTiNUEO ON ATTACHMENT: _YES SIGNATURE:
X=RECOM.MiE -DATICN OF COUNTY ADMINISTRA OOR RECOMMENDATION OF BOARD COMMITTEE
APP ROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON ... a� � �r� $
APPROVED AS RECOMMENDED OTHER
s
VOTE OF SUPERVISORS
UNANIMOUS(ABSENT
AYES: NOES:
ABSENTS: ABSTAIN:
MEDIA CONTACT: BARTON J.GiLEERT(313-7100)
CC: Genial Services Department I HEREBY CERTIFY THAT THIS:S A TRLEE
Architectural I ivisbn AND CORRECT COPY OF AN ACTION TAKEN
Accoun#Eng AND ENTERED ON THE MIlNUTES OF THE BOARD
Fiie;345-9802/A.5 OF SUPERVISORS ON THE DATE SHOWN.
County Administrator's Office ATTESTED: &,,, /,/�
County Counsel PHIL BATCHELOR,CLERK OF THE BOARD OF
Health ServicesVIA A/D) SUPERVISORS ANO COUNTY ADMINISTRATOR
Consultant(Via A/D)
BY she ��Z�s�� DEPUTY
H:\1998\3459802\8LOO2193b.doc (Rev.7/26/99) Page 1 of 2 M382(10/88)
APPROVINGAPPROVI-NG THE FIRST AMENDMENT TO THE CONSULTING 345-9802(E)/AJ.1.7
SERVICES AGREE11\4ENT FOR TENANT IMPROVEMENTS, 2311. September 21, 1999
I.,OVER.IDGE ROAD,PITTSBURG,FOR HEALTH SERVICES
(WH604 )
III. RE SONSATIt7SA
A. The Director of General Services executed a consulting services agreement with Mechanical
Consulting Company, effective December 1, 1998, for mechanical engineering services for Tenant
Improvements, 2311 Loveridge Road, Pittsburg, for Health. Services Department.
H. The First Amendment increases the scope to provide the following services which are necessary in
order to properly complete the required testing and inspection services:
1. Furnish and install a stand alone, high. efficiency, EPA. approved purge unit for chiller. Leak
check and minor leak repair included.
2. Furnish and install a rupture relief unit on the chiller, with internal alarm.
3. Provide an Eddy Current test on the chiller barrels.
4, Inspect hot and cold domestic piping on each floor of building.
5. Remove broken main domestic hot water valve and replace with new Nebco 3-inch iron gate
valve.
6. In. Paragraph l(f), change the Completion bate from March 1, 1999 to "Completion of
Construction."
YSacar.
HA'998\3459802\8002193b.doc Fuge 2 of 2 M382(40/88)
File:345-9802(L)/A.1.1.7
FIRST AMENDMENT TO CONSULTING SERVICES AGREEMENT
FOR TENANT IMPROVEMENTS
2311 LOVERID E ROAD,PITTSBURG
FOR HEALTH SERVICES
(WH604B)
1. Effective Date and Paa-taes: Effective September 21, 1999, Mechanical Consulting Company (herein called "Consultant"), a California
Corporation,and the County of Contra Costa(herein called"County") a political subdivision of the State of California,mutually agree as follows:
2. Purpos On December 1, 1998, the pasties entered into a contract entitled "Consulting Services Agreement,`" referred to as the "Agreement,"
which covers mechanical engineering services for Tenant Improvements, Los Medanos Health Center, 2311 Loveridge Road,Pittsburg for Health
Services.The parties desire to amend the Agreement to expand the scope of service and to increase the payment limit accordingly.
3. Amendments to t ga`egnm :
A. In the Agreement,Section I(e),change the Payment Limit from $24,900.00 to$45,290.00,an increase of$20,390.00.'Phis change shall apply
to charges from and after January 20, 1999.
B. In accordance with Section 14 of the Agreement,provide the following extra services:
I. Furnish and install stand alone,high efficiency,EPA approved purge unit for chiller. Leak check and minor leak repair included.
2. Furnish and install a rupture relief unu:on the chiller,with internal alarm.
3. Provide an Eddy Current test on the chiller barrels.
4. Inspect hot and cold domestic piping on each floor of building.
5. Remove broken train domestic hot water valve and replace with new Nebco 3-inch iron gate valve.
C. In Paragraph I(f),change the Completion Date frorn March 1, 1999 to"Completion of Construction.".
4. Effect:
Subject to the revisions made by this and any prior amendments,the Agreement shall remain in full force and effect.
5. Signatu :
These signatures attest the parties`agreement hereto:
PUBLIC AGENCY CONSULTANT
By: Date: Type of business:
Director of General Services/Purchasing Agent (Designate type—corporation,sale proprietorship,partnership,
partnership,government agencylimited liability company,etc.)
If corporation,state of incorporation:
By:
Title:
(Designate official capacity in the business)
By:
Title:
(Designate official capacity in the business)
Note to Consultant: For corporations,the contract must be signed by two officers. The first signature mast be that of the chairman of the board,resident
or vice-president; the second signature roust be that of the secretary, assistant secretary, chief financial officer or assistant treasurer. (Civ. Code, Sec.
1190 and Corps.Code,See.313.) The acknowledgment below must be signed by a Notary Public.
...........................................,.....>.....,............................,...................................................................................................
CERTIFICATE OF ACKNOWLEDGMENT
State of California )
ss
County of i
On the date written below,before me,the undersigned Notary Public,personally appeared the person(s)signing above for Consultant,personally known
to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to we that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures)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.
Dated:
[Notary's Seal]
Notary Public
RECOMMENDED FOR APPROVAL:
By: APPROVED AS TO FORM:
Deputy County Administrator VICTOR J.WESTMAN
County Counsel
By:
Deputy
LS:cm
FI:\199813459802\8L002194o.doc Page l of I
Ce208A
THE BOARD OF SUPERVISORS OF
CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on September 21, 1999, by the followingvote:
AYES: Supervisors Gioia, Uilkema, Gerber, DeSaulnier and Careciamilla
NOES: ?®Ione
ABSENT: hone
ABSTAIN: Mone
SUBJECT: Review of Contract Bids Processes
Can this date the Board approved and authorized the Director of General 'Services to
issue a Fifth Amendment authorizing extra work under the consulting services
agreement with Ted L. Smith, Civil Engineer,to increase the payment limit by
$2,500 to a new payment limit of$27,500 for underground fuel tank removal and
replacement at various County location for the Contra Costa County Fire
Protection District.
IT IS FURTIER ORDERED BY THE BOARD that it is .AGREED Supervisors
Uilkema and DeSau:lnier will prepare a report for the Board's review on contract
bid processes.
I hereby certify that this is a true and correct copy of
an action taken and entered on the minutes of the
Board of Supervisors on the date shown.
Attested: September 21, 1999
Phil Batchelor,Clerk of the Board
of supervisors and County Administrator
s
By:
Deputy Clerk
TO: BOARD OF SUPERVISORS
FROM: BARTON J. GILBERT, DIRECTOR OF GENERAL SERVICES Co
_f Cos
ft
DATE: September 21, 1999 Cou
SUBJECT: LICENSE AGREEMENTS FOR SENIOR HOT LUNCH
SITES: 337 ROSEMARY LANE, OAKLE'y'; SCOUT HALL,
3099 RANCH LANE SETHEL ISLAND
SPECIFIC REQUESTS OR RECOMMENDATION(S)&BACKGROUND AND.JUSTIFICATION
I. RECOMMENDATION
APPROVE License Agreement Renewals with Contra Costa County Housing Authority for 987
Rosemary Lane, Oakley and Scout Hall Inc. for.3090 Ranch Lane, Bethel Island effective
August 1, 1999 for Health Services Department Senior Hot Lunch Program and AUTHORIZE,
the Director of General Services to EXECUTE said Licenses on behalf of the County.
ll. FINANCIAL IMPAC�
Monthly license fees of$50.00 per month for the Housing Authority site at 937 Rosemary Lane,
Oakley and $400.00 per month for the Scout ball site are budgeted within the Health Services
Department.
III. REASONS FOR RECOMMENDATION/BACKGROUND
Since July, 1993, the Health Services Department Public Health Division has been managing
the Senior Hot Lunch programs at the two above sites on an interim basis pending issuing a
Request for Proposals(RFP)to place the site management with another cion-profit or
governmental agency, The License Agreements for both sites terminated July 31, 1999. Since
an RFP has not yet been issued, it is necessary to renew the licenses so that the department
can continue the program at both locations.
x
CONTINUED ON ATTACHMENT: SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
J �f
SiGNATURE(S):
ACTION OF BOARD ON � y ? r'7a° "_ t` ' - APPROVED AS RECOMMENDED OTHER__.__
VOTE OF SUPERVISORS
UNANIMOUS(ASSENT ;
AYES: NOES:
ABSENTS:--,-ABSTAIN,
MEDJA CONTACT: BARTON J.GILBERT(313-7100)
CC: General Services Department-Lease Management Division I HEREBY CERTIFY THAT AIN CSA TRA
AND CORRECT COPY OF A;�t ACTION TAKENAccounting AND ENTERED ON THE MINUTES OF THE BOARD
Auditor-Controller(via L/M) OF SUPERVISORS ON THE DATE SHOWN.
County Administrator's Office (via L/M)
Lesser(via'Avi) ATTESTED_ �,
Health services(via L/M) PHIL A;6HELOR,CLERK OF THw BOARD OF
County Counsel(via L/M) SUPERVISORS AND COUNTY ADMINWRA TOR
Risk Management(via L/M)
Ong:General Services Department-L/M BY � �. � .�r�� z.�� DEPUTY
G:\Lease. gt\1iotIunchba.dot M382(10/88)
GENERAL SERVICES DEPART;!< T
4
LEASE MANAGEMENT D
1220 Morello Avenge, Suite I
Martinez, California94553-47
Extension 3-7250
FAX 3-7299
DATE: September 7, 1999 s
TO: Phil Batchelor, County Administrator
FROM: Barton J. Gilbert, Director of General Service
SUBJECT: uda` License Agreements for 987 Rosemary Lane, Oakley (Bldg 570) 4
3090 Dench Lane (Scout Hall) Bethel Island(Bldg. 571)
License Agreement renewals have been negotiated for the fallowing:
LICENSORS: Contra Costa County Housing Authority and Scout Mall, Inc.
LICENSE FEE: Continuation of previous fee rate. $50.00 per month for use of Contra
Costa County Housing Authority premises located at 987 Rosemary Large, Oakley;
$400.00 per month for Scout Hall, Inc. premises located. at 3090 Ranch Lane, Bethel
Island.
TEAM: August 1, 1999 through July 31, 2000.
USE: License Agreements for County to provide Senior Hot Lunch Programs at both
sites Monday through. Friday, 10: a.m. to 2:00 p.m.
AGENDA ITEM: Authorize the Director of General Services to execute renewal of
License Agreements with Contra Costa County Housing Authority and
Scout Hall, Inc. for use of sites to provide Senior Hot Lunch.Programs
cc: Kathy Brown
Alan Pfeiffer
Terry Mann
Christie Beardsly
G:\LeaseMgt\CAROL\hotlunchitem.doc
LICENSE AGREEMENT
3090 RANCH LANE ROAD,BETHEL. ISLAND
SENIOR HOT LUNCH PROGRAM
This Agreement is effective August 1 1999 ,by and between CONTRA CESTA COUNTY,
hereinafter called "COUNTY", and SCOUT HALL, INC. hereinafter called"CENTER". CENTER
is the owner of certain real property located at 3090 Ranch Lane Road, Bethel Island, California,
94519 hereafter called"Premises". COUNTY desires to obtain CENTER's permission to continue
use of the premises and CENTER is willing to grant a license to COUNTY to continue to use the
Premises upon the terms and conditions contained herein, Now, therefore, the parties agree as
follows:
1. Grant of Liens . Subject to the terms and conditions of this agreement, CENTER
hereby grants to COUNTY, a nonexclusive, revocable license to eater the Premises and
for COUNTY and its invitees to use the associated parking lot.
2> PnrpQses COUNTY shall use the premises Mondays through Fridays , from 10;00 a.m.
to 2;00 p.m. for provision of a Senior Nutrition Congregate Meals Program(Hot Lunch
Program). Food shall be prepared off site. Use of the site shall be limited to beating and
serving of meals. COUNTY shall dispose of all garbage in the garbage cans provided.
COUNTY shall not turn on the ovens, stoves and grill until the food is ready to be
heated.
30 Terms The term of this Agreement shall be for the period commencing August 1, 1999
and ending July 31, 2000. The rights granted under this Agreement may be revoked by
CENTER at any time upon. thirty(30)days notice to COUNTY.
4. Fgg9 As consideration of this Agreement, COUNTY agrees to pay a fee of FOUR
HUNDRED ANIS NO/100 DOLLAR ($4013.00) PER MONTH. Fees for the period of
August 1, 1999 through September 30, 1999 shall be paid no later than October 31, 1999.
Subject to the foregoing, the fee shall be payable on the first of each month.
5. Use of Premises: COUNTY's use of premises shall be limited to pro' grams either run by
the COUNTY directly or by contractors of the COUNTY. COUNTY dogs not have the
right to 6onstruct any improvements or fixtures on the premises without the prior written
permission of CENTER.
6. Revocable Use: The rights granted hereunder may be immediately revoked by the
CENTER upon a breach of any term of this agreement and shall be automatically revoked
C:\LeaseMgt\CAROL•\scoutHallLurchLicense99.dcc
elm
el;ld?
at the end of the term of this License, unless this License is superseded or amended in
writing to extend the terra.
7, Maintenance and Repairs:
A. CENTER shall keep the roof and exterior of the building in good order, condition,
and repair and shall maintain the structural integrity of the building.
B. CENTER. shall beep and maintain the interior of the premises in goad order;
condition, and repair.
C. CENTER shall repair and maintain the electrical, lighting, water, and: plumbing
systems in good order, condition., and repair.
D. CENTER shall maintain and repair the heating, ventilating, and air-conditioning
systems.
E. CENTER shall maintain the parking lot in good order, condition, and repair.
F. CENTER shall provide and install, at the direction of the Fire Marshal,the necessary
number of A-B-C fire extinguishers for the premises at no cost to COUNTY.
CENTER shall thereafter maintain, repair, and replace said extinguishers.
G. COUNTY shall not suffer any waste on or to the premises.
H. CENTER shall be responsible for the correction of any code violations which may
exist in the premises.
8. II-Q ing®ver: Any holding over after the terra of this License shall be construed to be
a rnonth to month use, subject to the terms of this License as far as applicable.
9e NoAkts: All notices given hereunder shall be in writing and shall be deemed to have been
given if personally delivered or deposited in the United States mail postage prepaid, certi-
fied or registered,return receipt requested, and addressed to the other party as follows or
as otherwise designated by written notice hereunder from time to time:
To Center: Scout Hall, Inc.
P.O. Box 641
Bethel Island, CA 94511
To County: Contra Costa County
General Services Department
Lease Management Division
1220 Morello Avenue, Suite 100
Martinez, CA 94553
10. liiold formless: CCL 'TY agrees to indemnify and bold harmless the CENTER from the
k
CCUNTY's share of any and all claims,costs, and liability for any damage, injury or death of
or to any person or the property of any person arising out of negligent acts, errors or omissions
G:\LeaseMgt\CAROL\SCoutHallLunchL4-cenee99.doc
-2-
19
of the COUNTY, its officers or employees. COUNTY shall not be liable in the ease of any
structural, mechanical or other failure of equipment or buildings owned and maintained by the
CENTER or for other liability which is attributable, in whole or in part, to the negligence or
willful misconduct of CENTER, which results in damage to any person or property.
CENTER agrees to indemnify and hold harmless the COUNTY from the CENTER's
share of any and all claims, costs and liability for any damages, injury or death of any person
or the property of any person,including attorneys' fees, arising out of the negligent acts, errors
or omissions of the CENTER's, its agents or employees.
11. mire Agreement: This instrument contains the entire agreement between the parties relating
to the rights herein granted and the obligations herein assumed. No alteration or variation of
this Agreement shall be valid or binding unless grade in writing and signed by the parties
hereto.
OUNlY SCOUT HALL,IN-C.
COUNTY OF CONTRA COSTA, a political
subdivision of the Stag of California
B8M / '
Director of enegal Services (14ame and C3fficial Capacity)
RECOMMENDED FOR APPROVAL: By
Name and fficial a acit
( p Y)
t
By
Direct r,Capit"abilities & Debt Management
By
Deputy Ge e ` l ervices 'reef "r
d
By
ase : ger
APPROVED AS TO FORM:
VICTOR J. WESTMAN, County Counsel
J [
By f ,
Deputy
t4
.'a
Ge\LeaseMgt\CAROL\scoutHa3lLunchL4-cense99.doc
-3-
LICENSE A GRE E
987 ROSEMARY LANE, OAK EY, CA 94561
SENIOR HOT LUNCH PROGRAM
r
k
This Agreement is effective gmj ,JJ2q_, by and between CONTRA COSTA
COUNTY, hereinafter called "COUNTY", and CONTRA COSTA COUNTY HOUSING
AUTHORITY, hereinafter called "AUTHORITY", AUTHORITY is the owner of certain real
property located at 987 Rosemary Large, Oakley, California, 94561, hereafter called "Premises".
COUNTY desires to obtain AUTHORITY's permission to continue to use the Prernises and
AU'T'HORITY is willing to grant a license to COUNTY to continue to use the Premises upon the
terms and conditions contained herein. Now, therefore, the parties agree as follows:
1. Grain LIce=: Subject to the terms and conditions of this Agreement,AUTHORITY
hereby grants to COUNTY, a nonexclusive, revocable license to enter the Premises, and
for COUNTY and its invitees to use the associated parking lot.
2. Purpose: COUNTY shall use the premises Mondays through Fridays , from 10:00 a.m.
to 2:00 p.rn, for provision of a Senior Nutrition Congregate Meals Program(Hot Lunch
Program). Meals shall be prepared off site. Use of the site shall be limited to beating
and serving of meals.
3. Ter : The terra of this Agreement shall be for the period commencing August 1, 1999
and ending July 31, 2000. The rights granted under this Agreement may be revoked by
AUTHORITY at any time upon thirty (30) days notice to COUNTY.'
4. Egg: As consideration of this Agreement, COUNTY agrees to pay a fee of FIFTY AND
NO/100 DOLLAR($50.00)PER MONTH. Pees for the period of August 1,1999 through
October 31, 1999 shall be paid no later than October 31, 1999. Subject to the foregoing,
the fee shall be payable on the first of each month.
5. Use of Pu i : COUNT'Y°s use of premises shall be limited to programs either run by
the COUNTY directly or by contractors of the COUNTY. COUNTY does not have the
right to construct any improvements or fixtures on the premises without the prior written
permission of AU'T'HORITY.
6. Revocable I st: The rights granted hereunder may be immediately revoked by the
AUTHORITY upon a breach of any terra of this agreement and shah be automatically
revoked at the end of the terra of this License, unless this License is superseded or
G:\LeaseMlgt\CAROL\SeniorLt,nchL4Cense.doc
amended in writing to extend the term.
7. Maintenance and cum:
A. AUTHORITY shall keep the roof and exterior of the building in good order,
V
condition, and repair and shall maintain the structural integrity of the building.
B. AUTHORITY shall keep and maintain the interior of the premises in good order,
condition, and repair.
C. AUTHORITY shall repair and maintain the electrical, lighting,water, and plumbing
systems in good order, condition, and repair.
D. AUTHORITY shall maintain and repair the beating, ventilating; and air-conditioning
systems.
E. AUTHORITY shall maintain the parking lot in good odder, condition, and repair.
F. AUTHORITY shall provide and install, at the direction of the Eire Marshal, the
necessary number of A-B-C fire extinguishers for the premises at no cost to
COUNTY. AUTHORITY shall thereafter maintain, repair, and replace said extin-
guishers.
G. COUNTY shall not suffer any waste on or to the premises.
H. AUTHORITY shall be responsible for the correction of any code violations which
may exist in the premises.
8. aW )v : Any holding over after the term of this License shall be construed to be
a month to month use, subject to terms of this License as far as applicable.
R, Natic : All notices given hereunder shall be in writing and shall be deemed to have been
given if personally delivered or deposited in the United States mail postage prepaid,certi-
fied or registered, return receipt requested, and addressed to the other party as follows or
as otherwise designated by written notice hereunder from time to time:
To Authority Contra Costa County Housing Authority
P.O. Box 2759
Martinez, CA 94553
To County: Contra Costa County
General Services Department
Lease Management Division
1220 Dorello Avenue, Suite 100
Martinez, CA 94553
10. H€_ rmless: COUNTY agrees to indemnify and hold harmless the AUTHORITY from the
COUNTY's share of any and all claims, costs, and liability for any damage, injury or death of or to
any person or the property of any person arising out of negligent acts, errors or omissions of the
COUNTY, its officers or employees. COUNTY shall not be liable in the case, of any structural,
G:\LeaseMgt\CAROL\SeniorLunchL4-cense.doc
-2-
mechanical or other failure of equipment or buildings owned and maintained by the AUTHORITY
or for other liability which is attributable, in whole or in part,to the negligence or'willfial misconduct
of AUTHORI'T'Y, which results in damage to any person or property.
AUTHORITY agrees to indemnify and hold harmless the COUINTTY from the AU'I HORITY's share
of any and all claims, costs and liability for any damages, injury or death of any person or the
property of any person arising out of the negligent acts, errors or omissions of the AUTHOPI`I"Y's,
its agents or employees.
11. Entire,Afire mi ent; This instrument contains the entire agreement between the parties relating
to the rights herein granted and the obligations herein assumed. No alteration or variation of this
Agreement shall be valid or binding unless made in writing and signed by the parties hereto.
COUNTY CONTRA CMAS.�' �Y
HOUSING AUTHORITY
COUNTY OF CO?\ITRA COSTA, a political
subdivision of the State of California
Ey By
Director of General Services Executive Di rec for
RECOMMENDED FOR APPROVAL:
{
I3v ....�
d
5iree r,Capital Facilitt6s &Debt Management
By
Dep ty Oe eral'S ccs D!rector
-y
Lease M eager
APPROVED AS TO FORM:
VICTOR J. WEST1/1AN, County Counsel
--
G:\LeaseMgt\CAROL\SeniorLunchLicense.doc
-3-
TO: BOARD OF SUPERVISORS
FROM:: Barton J. Gilbert, Director of General Services Contr
f
DATE: September 21,1999 Costa
County
SUBJECT: APPROVAL TO AMEND CORE NATURAL CTAS SALES ANIS
AGGREGATION AGREEMENT WITH ABAG POWER
SPECIFIC REQUESTS OR!RECOMMIENOATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS:
S;
Approve Amendment to the Core Natural Gas Sales and Aggregation Agreement By and Between Contra Costa
County and ABAG POWER. to change from a one-year to a three-year period effective July 1, 1999, and
authorize the Director of General Services or his designee to sign the amended Core Natural Gas Sales and
Aggregation Agreement with ABAG POWER.
BACKGROUND:
In 1996, the Board approved Contra Costa County to purchase natural gas from ABAG's Natural Oras Power
Pool Program. This was instituted with the deregulation of natural gas, which permitted natural gas purchases
from providers other than PG&E. Subsequently with deregulation of electricity in 11998, ABAG sponsored a
joint powers authority, called ABAG POWER; and Contra Costa County elected to participate in this joint
powers program with other counties and cities to purchase electricity from companies other than.. PG&E. The
core natural gas contract was absorbed into ABAG POWER; however, it remains as a separate purchase
program from the purchase of electricity. The County can continue to participate in the natural gas agreement
without continuing with electricity purchasing through ABAG POWER.
Neither gas nor electricity can be purchased in the same manner as goods and services are purchased by public
agencies. Thus ABAG's original method of modeling the "requests for proposals" process used by public
agencies for purchasing goods and services had to be changed. Natural gas is not purchased at a fixed price at
the beginning of a year, but purchased several times during a year. The "one year at a time" agreement is not
long enough to obtain the best pricing, Natural gas pricing would be lower if ABACI POWER can offer a three-
:
t:
CONTINUED ON ATTACHMENT: X YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION Or'BOARD COMMITTEE
APPROVE OTHER
SIGNATURES
!Av;owat-
ACTION OF BOARD ON � APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERV;SORS
y� ,�
UNANIMOUS(ABSENT' 4
AYES: - NOES:
ABSENTS: ABSTAIN:
MEDIA CONTACT:
cc: County Administrator I HEREBY CERTIFY THAT THIS IS A TRUE
County Counsel AND CORRECT COPY OF AN ACTION TAKEN
Auditor Controller AND ENTERED ON THE MINUTES OF THE BOARD
OF SUPERVISORS ON THE DATE SHOIA%1.
General Services Department
Administration ATTESTED �_ ,� �� A,�� �df�5' /4'
Accounting PhIL BATCHELOR,CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
BY �. �� DEPUTY
F:\Board Orders\ABAG Nat Gas Revised 9-3-99_doc M382(10188)
Re: APPROVAL TO AMEND CORE NATURAL GAS
SALES AND AGGREGATION AGREEMENT WITH ABAG POWER
September 21, 1999
Page 2 of 2
year commitment for natural gas purchases. For example, this spring ABAG POWER had an opportunity to
purchase natural gas supply at a significantly discounted rate, but had to decline because it could not commit to
an extended time period. To obtain the better pricing, estimated at five to seven percent savings over current
savings, members need to be able to commit to a three-year participation instead of the current one-year
agreement. Contra Costa County has saved more money than any other members of ABAG POWER because of
the County's load usage profile;. The latest figure for the County's savings for the first mine (9) months of FY
1998-99 is $79,344 (9%) over what the costs would have been with PG&E. The average amount of savings for
all of the ABAG POWER participants during this same period was five percent(5%).'
To tape advantage of the better pricing for natural gas entails an amendment to the Natural Gas Sales and
Aggregation Agreement. ABAG POWER proceeded with negotiations for a three-yeas agreement with
providers to be effective July 1, 1999 to obtain the better pricing. ABAG POWER staff asked the ABAG
POWER Executive Committee to approve the negotiation of a three-year contract with better pricing. This was
done with the understanding that member agencies roust have approval from respective Boards and Councils
before officially adopting a three-year cycle.
County Counsel has reviewed and approved the Amendment as to legal form.
FINANCIAL IMPACT:
An amendment to the Natural Gras Sales and Aggregation Agreement allows for better discounts for natural gas
purchases, above the savings already achieved through ABAG POWER. while a certain level of savings cannot
be guaranteed, since 1996 Contra Costa County has saved money on its gas bills through this naturalgas
purchase program. Being able to make natural gas purchases at optimal tunes dur°ing',a three-year period allows
for greater savings. Since Centra Costa County has benefited more from the gas pool than other ABAG
POWER members, Contra Costa County can reap even greater benefits from a three-year agreement. The
current nine percent (9%) savings already make the program a good deal, and additional savings can offer the
County an even better program.
FABoard OrderMABAG stat Gas Revised 9-3-99—doe M382(44188)
A1
MEMORANDUM UMIMM
A,sSOCIATION OF .SAY AREA (IOVI: RNMENTS
FiawofiFntin C.,ity and county Governmenis.i the Salo Franaisoo Say Arma
DATE: August 4, 1999
TO: Members of AEAG POWER natural Gas Programa
FROM: Elena Schmid, Program Manager
RE: Approval of First Amendment to Natural Gas Sales and Aggregation Agreement
ABAG POWER is now in its third successful year of its natural gas pool program. The total program
savings to its members have been approximately $275,000 or an average of 5%.
Although this program has beer,successful, it has been limited by the one-year term of participation
by its members. For example, this spring, we had an opportunity to purchase natural gas supply at a
significantly discounted rate, but had to decline because we could not commit to any gas purchase
beyond June 30, 1999, It is for this reason that the Executive Committee took action to change the
term of this program from one-year to three years, This change will provide as opportunity to
significantly increase savings to participating program members.
In May we sent out our annual notice on program savings and notification of oration to withdraw from
the prograrn: It indicated that a separate report and agreement amendment world be forwarded to
each, agency electing to remain in the program that would provide for the change to a three-year terra,
Enclosed with this memo is a first amendment to the Natural Gas Sales and Aggregation Agreement
that provides for this and several other agreement changes requiring approval by your agency's
governing hoard. A sample of an agenda report is also included to assist in preparing this agenda item
for your governing board approval.
The first amendment to the agreement includes changes to the terra, cancellation by public agency,
gas program pricing and fees. The terra and cancellation by public agency provide for the changes in
term to three years commencing on July 1, 1999. The changes to gas program pricing reflect that gas
is not purchased for a fixed price at the start of the program year as originally set up,but is now
purchased at various times during the year, Pricing could include a combination of fixed price,
indexed price and a variable pricy;structure to maximize the price discount for program members.
Fees are dependent on program cast and participation. The total program operation costs were
reduced this year to reflect recent changes in our consultant contracts.
We have enclosed two copies of the first amendment to the agreement for your signature after
approved by your governing board. After you have signed these agreement amendments, please send
them to AE.AG POWER for final execution. We will thea forward to you one of the executed
agreement amendments for your records.
If you have any questions please contact me at 510-464-7908,or ElenaS gabag.ca.gov.
Mmlligj Address: P.0,Box 20M Oakland,Calthmis 946042050 (570)4N-7900 Fax:{530}481-7SS70 ?nf<)uQ`abag,.(,a.c)civ
)Soph R awt mot oonter 1103 Eighth Stroet Oakland,Califorifla 94607.4756
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ff y
A,,13SOCI TION OF :SAYR �s.A GOVERNMENTS
Fics�aresrnt[:+,y GIfy and County Gavarnmentes of the Sall Francisco Bay Ardis
DATE: August 4, 1999
TO: City,County or District governing Board
FROM: City, County or District Manager
RE: Approval of First Amendment to the Natural Gas Sales and Aggregation Agreement
SUMMARY
ABA.g has offered a natural gas purchasing program to interested local government agencies since
April 1997 of which (Agency)— is currently a. participating member. This program has been
successful in providing total savings to its participating members of approximately $275,000,
or an average of 5%, since its inception in 1997. The term of participation in this program is currently
one year which has limited its ability to purchase natural gas supply at greater discount prices. The
primary purpose of the first amendment is to increase the term from one year to three years, which
will further increase the savings to participating members.
DISCUSSION
The natural gats purchasing program has been operating with a one-year term since its inception in
.April 1997. At the start of the program the natural gas supply was also purchased through an annual
RFP process for a fixed price. Now in its third year of program. experience, ABAG POWER has
determined that both a one-yeas terra and annual RFP process to purchase natural gas limit the amount
of program savings available to participating members. To increase programsavings, the terra of the
contract should be changed.
First, the most cost-effective methal to purchase natural gas supply should be in response to favorable
market conditions and not at a predetermined period of time covered by an RFP. It may be beneficial
to purchase natural gas at multiple tunes during the year or for periods longer than 12 months to
maximize the benefit of low market prices. In addition, purchasing natural gas at an index price or
variable rate may provide additional savings, compared to a fixed-price contract which becomes
riskier on die natural gas futures market. During the past year ABAg POWER' has purchased its
natum gas with a combination of a fixed and indexed rate structure. The proposed new language in
Paragraph 11 under the section entitled "gas Program Pricing" of the first amendment reflects the
current, more effective method of purchasing natural gas which requires maximum flexibility in the
time, terra and price structure to maximize program savings.
Mailing Addrow F.U.Box 2050 Oakland,Callforni'a046V.,-2050 (590)464-7900 Fnx: (594)4641 79?0 fnto@a aq.ea,gov
Josooh P.Bart Matro()snter 1011 Elgttth Strort Oakland,calltornla a4607-4756
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MEMORANDUM
AsS£.)Cll`9.' ION w.{ BAY AR.[:,,A GOVERNMENTS
Reproswiting City and county Governments of the San Fra dsoo Bay Aroa
The second major change set forth in the "Term" and "Cancellation" sections of the first amendment
increases the term from one year to three years. The time to purchase natural gas is dependent €po
market conditions. If the opportunity to purchase natural gas occurs in the early spring, .AEA
POWER cannot take advantage of the lower prices since the program's tern: currently ends on June
30. This scenario occurred this year when natural gas prices were very low in the early spring.
AEAG POWER could not take advantage of this market opportunity because of this fixed contract
term. The expansion of the term from one year to three years will enable AEAG POWER to increase
its programa savings by providing the flexibility to purchase naturall gas at various times during the
year for multiple periods of time,
The third change provides for the Executive Committee to establish the program operating fees in lieu
of specifying this in the agreement. During the past year, fees were reduced by the Executive
Committee. These fees will also change in the future as the size and the scope of the natural gas
program increases.
GOVERNING BOARD ACTION REQUESTED
Move to authorize �to sign the first'
amendment to the Natural Gas Sales and Aggregation Agreement.
Mailing A{iarms: €0.Box P-050 Oakland,cali rnia 946104-9.050 (610)464--7900 Pix:(a1C}464_7970 Wo@at-ag.ea.gov
Joseph P.sort moiroCentor 101 Eighth Street Oaklend,t;0fornia 94607-.4756
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CORE NATURALS SALES ND
AGGREGATION AGREEMENT
By and Between
A AG POWER
and
J
(PublicAgency)
Amended
July 1, 1999
For service within the territory of
Pacific Gas & Electric Company
CO E NATURAL GAS SALES AND AGGREG ION AOREEMENT
This is the First Amendment to the Core Natural Gas Sales and Aggregation Agreement (Agreement),
dated the _day of 199. .4: by and between the Association of Bay Area
Governments, a California joint powers agency, (ABAG), and , a California
, (Public Agency). Upon execution by bath panties, this Agreement becomes effective
Elly 1, 1999.
The parties hereby agree to amend the Agreement as follows:
A. ABAG is replaced by ABAG publicly Owned Energy Resources(ABAG POWER),
B. Paragraph 7 of the Agreement is replaced by the following:
Tgr
M, Subject to the provisions of paragraphs 12 and 13 hereof, and receipt of timely
notifications of alternative arrangements,this Agreement shall be in full force for a three(3)year
terra commencing July 1, 1999. Subject to Paragraph 13, the term of this Agreement shall be
automatically extended for additional three-year periods upon ABAG POWER's submission to
Public Agency of written notice in conformity with Paragraph 11 and provided that ABAG
POWER is not in breach of this Agreement,aro later than May 1 of each year,
C. Paragraph 8 of the Agreement is replaced by the following;
Fees: The operational fees for all services described in .Paragraphs 3 and 5 shall be established
by the ABAG POWER Board of Directors,hereinafter"Board".
D. Paragraph 11 of the Agreement is replaced by the following:
gas Pro Pram Pricing:
11.1 Allocation. The gas charges to the participants will include the (a) cost of the gas
commodity (gas charges), (b) applicable utility transportation charges, and (c)
administrative costs. Gas charges are the product of a participant's'usasgc times the unit
rate for gas for each month. The unit rate is the total monthly cost of natural gas purchased
for all participants at the supplier contract price divided by the total monthly usage of
participants. Transportation and administrative charges will be allocated to each
participant based on gas usage,
11.2 Amami Report. Each year, ABAG POWER will ,provide each participant with a report
showing that participant's total costs for natural gas, transportation services and
administrative fees at a per therm cost for each category.
11.3 Gus EgLclra za-. Cinder the policy direction of the ABAG POWER Executive Committee,
the ABAG staff will regularly canvas the natural,gas market and enter into contracts to
acquire natural gas for, among others, fixed lance, indexed price and variable price with a
minimum and/or maximum. ABAG staff, under the policy direction of the ABAG
POWER Executive Committee, has the power to execute all contracts reasonably
necessary'tc deliver natural gas to each participant.
E. Paragraph 13.1 of the Agreement is replaced by the following,
1
Cancellation by P lic Agency. Public Agency may cancel the Agreement by giving ABAC
POWER written notice by June l of its intent to terminate on June 30 of;the final year of the
three(3)year term.
IN WITNESS WHEREOF,the parties have hereunto set their hands effective the date and year first
above written.
ASSOCIATION OF BAY AREA GOVERNMENTS
By- late;
Eugene Y. Leong,Executive Director
Approved as to legal form and content,
By: late:
Kenneth K. Moy, Legal Counsel
ABAG PUBLICLY OWNED ENERGY RESOURCES
By: late:
Eugene Y. Leong,President
Approved as to legal form. and content:
By; Bate:
Kenneth K.Moy,Legal Counsel
PUBLIC AGENCY
By; Date:
Approved as to legalform and content:
By: late:
Account Number
t:\A]]Statf\'KENNE°I' MIR3\K\'Naturat GaACoreAgg Agr A.md 99.doc
2
a
TO: BOARD OF SUPERVISORSCONTRA
FROM: Leslie T. Knight, Director of Human ResourcesCOSTA
DATE: September 21, 1999 Y
hCOUNTY
SUBJECT; Contracted'Temporary Help
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RUOMMENDATION
APPROVE and AUTHORIZE the Director of Human Resources, or designee, to execute
a contract extension agreement for the period of October 9, 9999 through November 39,
9999, with a payment limit of$975,000 with each of the following named temporary help
contractors.
ABAR Staffing Services
AppleOne Employment Service
TAC Staffing Services
TSU Staffing, Inc.
'dolt Services Group
BACKGROUNQ
The County frequently requires temporary help to assist County agenices,
departments, or officesduring peak loads, temporary absences and emergency
situations. It is to the economic interest of the County to provide such temporary help
by contract with temporary help firms since they include all insurance coverages in
their rues, thus reducing future County liabilities. Temporary help obtained ander
these contracts may not be used in puce of employees in the case of a labor dispute or
for more than 90 days for any single instance of peek load, temporary absence or
emergency situations as governed by Mate taw.
CONTINUED ON ATTACHMENT. � SIGNATURE:,
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S): °
q x
ACTION d ci N� OTHER
ACTIONEDF BOARD d i' C 9> 9 APPROVED AS RECOMMENDEtD
VOTE OF SUPERVISORS
UNANIMOUS(ABSENT�X I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT
COPY OF AN ACTION TAKEN AND ENTERED ON THE
AYES- NOES. MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE
ABSENT, ABSTAIN: SHOWN.
Orig.Dept: Human Resources Department (6-1766) ATTESTED
GC: County Administrator PHIL__��'�
BATCHELOR;CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
BY �` � t` f ,DEPUTYIvt862(10/88)
cohtra
�y
Costa
TO: BOARD OF SUPERVISORS
FROM: Dennis My Barry, AICP
Community Development Director
DATE: September 21, 1999
SUBJECT: CONTRACT A14ENDMENT WITH NICK LOPEZ FOR CONTINUING CLERICAL CONTRACT
SERVICES
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RE
Authorize the Community Development Director or his designee to execute a contract
amendment with Nicolas Lopez in the amount of $3,162.50 for continuing clerical
services through August 31, 1999. This amendment, effective August 15, 1999,
increases the contract amount from $25,000.00 to $28,162.501.
CA -IMACT
No fiscal impact. Covered in Department Budget.
BAMRO "I+ 3RE `COIN
The Community Development Department has contracted v th Nicolas Lopez since
September 1, 1998. This contract amendment would allow payment, to he made for
services through August 31, 1999.
CONTINUED ON ATTACHMENT: � SIGNATURE
#-
RECOMMENDATION OF COSY ADMINISTRATOR RECOMMENDATION OF BOARD COMMIT
APPROVE OTHER
SIGNATURE(S)
ACTION OF BOARD ON .��� n�z� :21, M476 g, APPRL'OED AS RECaOMMEN D OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
UNANIMOUS (ABSENT TRUE AND CORRECT COPY Off' AN
AYES.* NOES: ACTION TAKEN AND ENTERED ON THE
ABSENT, ABSTAIN.* MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE BROWN..
Orifi: Judy Coons (925) 335-1287 ATTESTED
cc: Community Development Department
Danice Merrill, Auditor-Controller PHIL BATCHELOR, CLERK OF
County Administrator THE BOARD OF SUPERVISORS
Judy Coon (COD) AND COUNTY ADMINISTRATOR
T'RATOR