Loading...
HomeMy WebLinkAboutMINUTES - 12161997 - C11 TO: BOARD OF SUPERVISORS FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: DECEMBER 16, 1997 SUBJECT: APPROVAL OF THE BLACKHAWK ROAD PARK MANAGEMENT AGREEMENT BETWEEN THE COUNTY, THE BLACKHAWK ROAD PARK COMMITTEE, AND JEAN BATES AND ASSOCIATES, BLACKHAWK AREA. PROJECT NO. 7496-6X5214 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. Recommended Action: APPROVE the contract between the County, the Blackhawk Road Park Committee and Jean Bates and Associates for the maintenance of the Blackhawk Road Park. H. Financial Impact: Funds for this agreement are available from tax revenues from County Service Area M-23. III. Reasons for Recommendations and Background: The various Blackhawk Homeowners Associations and business corporations who pay taxes into County Service Area M-23 had requested that they have more input and control of funds spent to maintain and repair the landscaping along Blackhawk Road. On October 22, 1991, the Board took action to respond to their request by declaring the landscape area within the Blackhawk Road right of way a park. This agreement provides for staffing costs for liaison with the County and the Blackhawk Road Park Committee. Continued on Attachment:X SIGNATURE:4iVL 41f _RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE (S): ACTION OF BOARD ON IA -/&-IFF7 APPROVED AS RECOMMENDED OTHER_ VO OF SUPERVISORS UNANIMOUS(ABSENT ) AYES: NOES: ABSENT: ABSTAIN: SE:cs g:\engsvc\spdist\BO\December\Blackhwk.Agr Orig.Div: Public Works(Special Districts) Contact:, Skip Epperly(313-2253) cc: Auditor-Controller County Administrator ti herBpY W*Md this Is a trite end t:ort'ect MY of County counsel en action tdan tatd entered on the minut" o1 the On the date sh P.W.Accounting Eoatd of$II�0ry100f6 triln. /n Jean Bates&Associates Tp�.n, tjp^ /`� '/9 9 7 ATTESTED: Of Sup�r"'-or., ... ., �nf/r...ainistratot DePutY SUBJECT: APPROVAL OF THE BLACKHAWK ROAD PARK MANAGEMENT AGREEMENT BETWEEN THE COUNTY, THE BLACKHAWK ROAD PARK COMMITTEE, AND JEAN BATES AND ASSOCIATES, BLACKHAWK AREA. PROJECT NO. 7496 6X5214 DATE: DECEMBER 16, 1997 PAGE -2- IV. Conseauences of Negative Action: If the agreement and contracts are not approved, Blackhawk area maintenance and repair work will not be done in the manner desired by those who are providing the funds. CONTRACT 1. PARTIES. This Contract is entered by and between Jean Bates & Associates (Management Consultant) and the County of Contra Costa, for and on behalf of County Service Area M- 23, for and on behalf of Committee as defined in the Blackhawk Road Park Management Agreement. 2. TERM. The effective date of this agreement is July 1, 1996 and it terminates June 30, 1998. This contract may be terminated by either party upon thirty (30) days written notice. This contract may be altered in less active periods (i.e., when available annual funds have been expended) as detailed in paragraph 4 below. 3. SCOPE. The scope of services shall be as written in the proposal of August 4, 1995 (Exhibit A) attached. 4. WORK; CONTRACT, CHANGES. By their signatures, effective on the date above, these parties promise and agree as set forth in this contract and incorporating the material in Exhibit A. The Management Consultant shall, at his own cost and expense, and in a workmanlike manner, fully and faithfully perform and complete the work; and will furnish all materials, labor, service and transportation necessary, convenient and proper in order fairly to perform the requirements of this contract, all strictly in accordance with the accepted bid proposal. The work can be changed only with Committee's written order specifying such change and its cost agreed to by the parties. 5. PAYMENT. For this strict and literal fulfillment of these promises and conditions, and as full compensation for all this work, the Committee shall have the County pay the Management Consultant the sum specified in Exhibit A. The sum will include a flat fee of $400 monthly plus the hourly billing for non-routine work authorized, requested or required of the Management Consultant. / 6. INSURANCE. The Management Consultant shall keep in effect an insurance policy or policies meeting the requirements of the Blackhawk Road Park Management Agreement. 7. FAILURE TO PERFORM. If the Management Consultant at any time refuses or neglects, without fault of the Committee or its agent(s), to supply sufficient materials or workmen to perform this agreement and work as provided herein, for a period of 10 days or more after written notice thereof by the Committee, the Committee may furnish same and reduce the Management Consultant fee for reasonable expenses. 8. PREFERENCE FOR MATERIALS. The Committee desires to promote the industries and economy of Contra Costa County and the Management Consultant therefore promises to use the products, workmen, laborers and mechanics of this County in every case where the price, fitness and quality are equal. 9. ASSIGNMENT. The agreement bind's the heirs, successors, assigns, and representatives of the Management Consultant, but he cannot assign if in whole or in part, nor any monies due or to become due under it, without the prior written consent of the Committee. 10. NO WAIVER BY PUBLIC AGENCY. Inspection of the work and/or materials, or approval of work and/or material inspected, or statement by any officer, agent or employee of the Committee indicating the work or any part thereof complies with the requirements of payments thereof, or any combination of these acts, shall not relieve Management Consultant of his obligation to fulfill this contract as prescribed. 11. HOLD HARMLESS AND INDEMNITY. (a) Management Consultant promises to and shall hold harmless and indemnify from the liabilities as defined in this section. (b) The indemnities benefitted and protected by this promise are the Public Agency and its elective and appointive boards, commissions, officers, agents and employees. (c) The liabilities protected against are any liability or claim for damage of any kind allegedly suffered, incurred or threatened because of actions defined below, including personal injury, death, property damage, inverse condemnation, or any combination of these, regardless of whether or not such liability, claim or damage was unforeseeable at any time completed, and including the defense of any suit(s) or action(s) at law or equity concerning these. (d) The actions causing liability are or omission (negligent or non-negligent) in connection with the matters covered by this contract and attributable to the Management Consultant. (e) Non-Conditions: The promise and agreement in this section is not conditioned or dependant on whether or not any indemnity has prepared, supplied, or approved any plan(s), drawing(s), specification(s) or special provision(s) in connection with this work, has insurance or other indemnification covering any of these matters, or that the alleged damage resulted partly from any negligent or willful misconduct of any indemnity. 12. RECORD RETENTION. Except for records delivered to Public Agency, Management Consultant shall retain for a period of at least five years after Management Consultant's receipt of the final payment under this contract, all records prepared in the performance of this contract or otherwise pertaining to the work, including without limitation bidding, financial and payroll records. Upon request by Public Agency, Management Consultant shall make such records available to Public Agency, or to authorized representatives of the state and federal governments, at no additional charge and without restriction or limitation of their use. Page 2 13. SIGNATURES. EN BLACKHAWK HOMEOWNERS ASSOCIATION, INC. t i LAC WK CO TRY CLUB t� TT SADDLEBACK AT ts1.,AC ASSOCIATION, INC. COUNTRY CLUB AT BLACKHAWK IMPROVEMENT ASSOCIATION, INC. w 77 SILVER OAK TOWNHOMES ASSOCIATION, INC. C? I BLACKHAWK CORPORATION BLACKHAWK COMMERCIAL OWNERS ASSOCIATION, INC. a JEAN BATES & ASSOCY'ATES SE/PE:cs g:\EngSvc\SpDist\Bates96.Agr February 4,1997 Page 3 i"�IIBIT A Jean Bates & Associates, Inc. ,3840 Slackhawk Road,Suite 120 Danville.CA 94506 RO_Box 3428 Danville.CA 94526 (510)736-2099 DATE: August 4, 1995 TO: Committee of H.lackhawk Road Park Hidden Oak at Blackhawk H.O.A. Blackhawk Country Club Saddleback at Blackhawk Country-Club at Blackhawk Improvement Association Silver Oak Townhomes Association Blackhawk Corporation Blackhawk Commercial Owners Association FROM: Cli f f Bate6t:� RE: Proposal to Administer the Blackhawk Road Park Management Agreement I submit to the Committee, this proposal'to administer the Blackhawk Road Park Management Agreeinent for ,n flat fee plus an hourly billing for my time or my staffs time excluding routine clerical duties submitted monthly. It is understood that while the Committee,is contracting wit'h the County in the same format as used the last three years, there have been changes =ad e to the relationship that will cut some of the administrative responsibilities. The most notable change being the County taking full responsibility for contract bidding, and administration. The monthly fee of 5400 will include two hours of Committee meeting time during normal business hours (B.-GO A.M. to 5:00 P.M., Monday through Friday), phone communica- tions with Committee members and County staff, preparation of reports to the County, routine clerical tasks, recordimai.ntenance, storage and retrieval of records, postage, office supplies, personal transportation and insurance as required by the BIackhawk Road Part Management Agreement for subcontractors. Any services out dide the contrasted =on.thly fee will be billed at 585.00 per hour. Examples might include additional meetings, meetings outside normal business hours, con- tracts administration, site meetings. (I anticipate extra charges to be minimal due to the corresponding change in scope and contract.) I am prepared to use the Contract provided by the County with the change to the scope of services and fee as outlined above. I look forward to the continued opportunity to be involved.