HomeMy WebLinkAboutMINUTES - 12151998 - C120-C124 1.1111111..............................................................................................
................................................................
TO: BOARD OF SUPERVISORS
CONTRA COSTA
COUNTY
FROM: William B.Walker,M.D.
Health Services Director
DATE, December 3, 1998
SUBJECT: Contract with Resource Information Management Systems,Inc.(R.I.M.S.)
SPECIFIC REQUEST(S)OR RECOMMENDATtON(S)&BACKGROUND AND JUSTIFICATION
Recom=ndatim;
APPROVE and AUTHORIZE the Health Services Director,or designee,to execute a contract with
Resource Information Management Systems,Inc.(R.I.M.S.)for a Year 2000 compliant Health Plan
Management Information System(software license and implementation)in an amount not to exceed
$900,000.
Backgrqgnd:
Working with the county Purchasing Agent and the Director, Department of Information
Technology, Health Services has evaluated proposals from ten vendors and has selected the
software product most qualified to meet the Contra Costa Health Plan's administrative
requirements. The system will replace a 17-year old system with a modem, Year 2000 compliant
managed care information system. It will improve productivity by automating many processes,
such as claims payment,which are currently completed manually. It will also greatly enhance our
reporting and decision-support capabilities.
Fiscal Impoe
Funded through premium revenues in Enterprise Fund 11.
t j,
� 4 10-6)J4. X11
CONTINUED ON ATTACHMENT: im SIGNATURE
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S): 4 Pam=
ACTION OF BOARD ON APPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS {ABSENT AND CORRECT COPY OF AN ACTION TAKEN
AND ENTERED ON THE MINUTES OF THE BOARD
AYES: NOES: OF SUPERVISORS ON THE DATE SHOWN.
ABSENT: ABSTAIN:
Contact Person: Patrick Godley 370-5005
ATTESTED
CC: Health Services Director PHIL BATCHELOR,CLERK OF THE BOAR OF
Health Services Chief Financial Officer SUPERVISORS AND COUNTY ADMINISTRATOR
// 14-45
BY. DEPUTY
TO: BOARD OF SUPERVISORS
CONTRA COSTA
COUNTY
FROM: William B.Walker,M.D.
Health Services Director
[LATE: December 3,1998
SUBJECT: Addendum to Contracts with Peoplesoft and Business information Technology(B.I.T.)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
ReCt►itnitl enitdationit:
APPROVE and AUTHORIZE the Health Services Director, or designee, to execute addenda to
contracts with Peoplesoft and Business Information Technology(B.I.T.)for a Year 2000 compliant
General Ledger System (software license and implementation) in an amount not to exceed
$600,000.
Bac rou nd:
The Health Services Department's General Ledger system is not Y2K compliant. The Peoplesoft
system meets or exceeds our unique requirements, and has the potential to interface with the
County's Human Resources and Payroll systems, which are also written by Peoplesoft. It will
permit managers to directly access information in their areas of responsibility in order to make
informed.decisions. It will also eliminate a large number of hard-copy reports. The Health Services
Department has worked with the Director,Department of Information Technology, in developing
these addenda to existing county contracts with the two vendors.
Fiseal Impact:
Funded through third-party revenues in Enterprise Fund I.
- -
CONTINUED ON ATTACHMENT: SIGNATURE
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON APPROVED AS RECOMMENDED X _ OTHER
VOTE OF SUPERVISORS
1 HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS (ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN
AND ENTERED ON THE MINUTES OF THE BOARD
AYES: NOES: OF SUPERVISORS ON THE DATE SHOWN.
ABSENT: ABSTAIN:
Contact Person. Patrick Godley 370-5005
ATTESTED
CC: Health Services Director PHIL BATCHELOR,CLERK OF THE BOAR OF
Health Services Chief Financial Officer SUPE VISORS AND COUNTY ADMINISTRATOR
$Y: DEPUTY
Contra
. � Costa
TO: BOARD OF SUPERVISORS "•
County
FROM: DENNIS BARRY,AICP
DATE: December 15, 1998
SUBJECT: DEVELOPMENT AND PRODUCTION OF MARKETING MATERIALS
SPECIFIC REQUEST(S)OR RECOMMENDATIONS(S) &BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
APPROVE AND AUTHORIZE the Deputy Director-Redevelopment io execute a$54,765 contract with
Inform Public Relations for the design and production of marketing materials to be used in promoting
economic development in the County's for the County's unincorporated communities and
redevelopment areas.
FISCAL IMEACT
No General Fund money will be used for this project. Funding will come from two sources: 1)$41,300
was included in the adopted Fiscal Year 1997-9 Redevelopment Agency Budget ($10,325 each from
the North Richmond, Roden, Bay Point, and.Oakley Redevelopment Project Areas), and, 2) $13,465
from Org 0595 Sub Account 2310, which is available for housing, economic development, and
community development projects.
BACKGROUND/REASONS FOR RECOM1wrIENDA1TIONS
A major element in the County's workplan for economic development and redevelopment involves
business attraction, expansion and retention within the redevelopment areas and unincorporated
communities. A significant tool to effectively attract businesses and promote economic development
is the creation of a marketing brochure. A marketing brochure would both enhance the image/visibility
of unincorporated communities and provide basic information that companies seek. It will be used to
facilitate economic development by highlighting the unique attributes and benefits to businesses
CONTINUED ON ATTACHMENT: X YES SIGNATURE: /
RECOMMENDATION OF EXECUTIVE DIRECTOR _ RE ND►AT OF
AGENCY COMMITTEE APPROVE OTHER
SIGNATURE(S): 42 iz
�.
ACTION OF AGENCY ONZZge
PPROVED AS COMMENDED
OTHER
VOTE OF COMMISSIONERS
I HEREBY CERTIFY THATUNANIMOUS (ABSENT, ) THIS IS A TRUE AND
AYES: NOES: CORRECT COPY OF AN
ABSENT: ABSTAIN: ACTION TAKEN AND
ENTERED~ON THE MINUTES'
Source: Manny Ungson BOARD OF SUPERVISORS ON
335-1264 s THE DATE SHOWN.
cc: Community Development
CAO
County Counsel ATTESTED '
Auditor Controller PHIL BATCHELOR, C E K
Via Redevelopment OF THE BOARD OF
Inform Public Relations SUPERVISORS AND COUNTY
A MINISTRATOR
BY DEPUT Y
Board of Supervisors
Marketing Materials Consultant Contract
December I5,2998
Page 2
locating in unincorporated Centra Costa County. In addition to their application as a business
development tool, the brochures will also be used at special events,trade shows,conferences, and
workshops both outside and inside the communities.
Inform Public Relations proposes to design and produce presentation folders and fact sheets for the
North Richmond, Rodeo, Bay Point and Oakley Redevelopment Project Areas, as well as one for
the whole county and the unincorporated communities of El Sobrante, Crockett, North Concord,
Alamo, Mt. View/Vine Hill, Pacheco, Bethel island, Byron, and Knightsen. The contract amount
covers the consultant's project management, graphic design, photography, and editing fees, and
includes printing costs for 1,500 folders and fact sheet sets for the county and its redevelopment
areas as well as 3,000 copies of summary fact sheets for the unincorporated communities.
To: BOARD OF SUPERVISORS C••M
FROM: GARY T. '`XNCEY `• Contra
'
DISTRICT ATTORNEY y
Costa
DATE: November 3,199$
County
SUBJECT: `BEST' Compatible File Management System in the District Attorney,Family Support Division.
SPECIFIC REOUEST(S)OR RECOMMENDATIONS S BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS:
Approve and authorize the Purchasing Services Officer to increase the existing purchase order contract to
Document Control Solutions by$17,400 for a new total of$206,180 for upgrading the File Management
System and converting existing files.
FINANCIAL IMPACT:
NONE. The total cost of$206,180 will be offset by 66%Federal Funding at$136,079 and$70,101 from
the District Attorney Family Support/Excess SEIF Revenue Fund.
REASONS FOR RECOMMENDATIONS/BACKGROUND:
The District Attorney,Family Support Division is in the process of upgrading their current file
management system to a WINDOW'S version that can support the new 7 digit`BEST'system numerical
case file identification and bring the system to year 2K compliant.
The current 65,000 case record files must have the bar code value changed to the new`BEST'number
value and then re-filed by the new terminal digit. To accomplish this monumental task,carts must be
provided as a temporary space to re-sort or`twirl'files in to the new sequence. The cart rental and
`twirling'of the files was not included in the original quotation.
CONSEQUENCES OF NEGATIVE ACTION:
Failure to approve this request would cause the District Attorney Family Support Division to be unable
to convert the case record files to the `BEST' System number sequence. Crucial files and information
could be lost and would hamper the Family Support Division in its effort to collect and distribute child
support payments. The division would be unable to provide this much needed service to the children and
families of Contra Costa County,
CONTINUED ON AriACHMENT: — ___,YES: SIGNATURE: C. Gr "` _..
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE `
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON APPROVED AS RECOMMENDED_,= OTHER
VOTE OF SUPERVISORS
I HEREBY CERIFY THAT THIS IS A TRUE
UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN
AYES; NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPTERVISO ON THE DATE SHOWN.
t
Contact: ATTESTED - ,
cc: Gayle Graham,Dir.,DAFS(3-4220)
Auditor Conte PHIL BATCHELOR,CLERK OF THE ARD OF
DA Family Support,Atte:Patrioia Foster SUPERVISORS AND COUNTY ADMINISTRATOR
r u&wt Attomey,Renee Goldstem
CAO-Juatice,Atte:George Roemer
..,_._ .DEPUTY
CHILDREN'S IMEACISTATE :
The Child Support Program supports one of Contra Costa County's community outcomes: "Families that
are Economically Self Sufficient",by improving efficiency and accuracy in the collection and distribution
of child support payments to families and children. Expected program outcome is: improved
effectiveness and efficiency in the collection of child support and providing better service to families and
children.
Centra
TO: BOARD OF SUPERVISORS
Costa
FROM: TRANSPORTATION COMMITTEE --� County
DATE: December 75, 7998
SUBJECT: Report on Transportation Legislation Program for 7999 and contract for Legislative
Representation on Transportation and Related Matters (Project#0678-6P4749)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
1. Recommended Action:
1. APPROVE the Transportation Legislation Program for 1999 (see Appendix "C" of Exhibit A).
2. RSAF91RM the Board's referral to the Transportation Committee of all transportation related
legislative matters for review and recommendation.
3. AUTHORIZE the Director of Public Works to execute a consulting services agreement for
transportation related legislation representation with Smith & Kempton for the 1999 calendar
year (see Exhibit A).
11. FinancialImpact:
No impact to general fund, 100% funded by road funds.
111. Reasons for,Recommendations and Background:
A two-year state legislative cycle will begin in 1999 with a new 't,�overnorand significant turnover
among state legislators. It is expected that new legislation wilF be introduced in the upcoming
legislative session that will reflect the policy vision of a new Governor. In order for the Board of
Supervisors to respond to proposed legislation in a timely manner, it is recommended that Board
continue its policy of referring all transportation related legislative matters to the Transportation
Committee.
For a number of years, Contra Costa County has contracted with Smith &'Kempton to provide the
County with legislative representation in Sacramento on transportation and related matters. Smith
& Kempton also provide similar services to the Contra Costa Transportation Authority (CCTA).
Continued on Attachment:_/V SIGNATURE:
—APPROVE —OTHER
SIGNATURE(S): h ai ciamllla,Chslr 6DQ*nna,�AxJebar
W13175F 1307"N 44ovowt 77, 73W MOVE 19
V?JE of SUPERVISORS
_ UNANIMOUS(ABSENT 1
AYES: NOES:
NOES:
ABSENT: ABSTAIN:
MMS:pr
h:prochltranscomWs&k99bo.wpd
Or%Div:Public Woitcs(Administration)
Contact: Maurice Shlu(313-2261)
cc: County Administrator
County Counsel
Auditor-Controller
Public Works Director
Transportation Engineering
Community Development Director therebycertitythatthblsatn�sedcorreetcopyot
Smith&Kempton an action taken and sntenad on the minutes of the
980 Ninth Street,Suite 1560 Board of Su ott the date
Sacramento,CA 95814 ATTESTED:
8tL inb � he BoArd
upon aadAd hor
/ Report on Transportation Legislation Program for 1999 and contract for Legislative Representation on Transportation
and Related Matters (Project #(?879-9P4149)
12/15/98
Page Two
Reasons foregoMmendations and Backgraund (continued)
The Board's Transportation Committee met on 12/7/98 with Smith & Kempton to review the
proposed Transportation Legislation Program for 1999 and the contract for Legislative
Representation. In response to a question posed by Supervisor Gerber (sent via a facsimile due
to illness)concerning potential duplication of work with the OCTA, Smith & Kempton explained
that their representation on behalf of the County over the past several years has dealt with a
broader range of legislation that covers transportation,public works, and planning/development
issues rather than the more specific issues of funding and project development for
transportation that have concerned the CCTA. Additionally, Smith & Kempton describers how
their advocacy on behalf of the County complements CCTA's issues, and vice versa.
The Public Works Director, Community Development Director, and the Board's Transportation
Committee have negotiated a new scope of work for calendar year 1999 and it is
recommended by the Transportation Committee that the Board authorize the Public Works
Director to execute a consulting services agreement with Smith & Kempton (see Exhibit A).
CONSULTING SERVICES AGREEMENT
1. Special Conditions. These Special Conditions are incorporated below by reference.
(a) Public Agency: CONTRA COSTA COUNTY
(b) Consultant's Name &Address: Smith & Kempton
980 Ninth Street, Suite 1560
Sacramento,CA 95814
(c) Project Name, Number & Location: legislative Affairs Consultation. Project#0676-6P4149
(d) Effective Date: January 1, 1999 (e) Payment Limit(s): $38,000.00 (f) Completion Date(s): December 31, 1999
(g) Federal Taxpayer's I.D. or Social Security Number:
2. Sianatures. These signatures attest the parties' agreement hereto:
a
PUBLIC AGENCY r%k111.
By: J. Michael Walford /
Public Works Director/ By:
Chief Engineer (Designate offiei 'c aeity in usiness Type of Business:
(sole proprietor 'i nt agency, partnership, corporation, etc.)
If Corporation, tate of Incorporation: j-16"4.
(Designate official capacity in the business)
Note to Consultant: For corporations, contract must be signed by two officers. The first signature must be that of the chairman of the
board, president or vice-president; the second signature must be that of the secretary, assistant secretary, chief financial officer or assistant
treasurer. (Civ. Code, Sec. 1190 and Corps. Code. Sec. 313.) The acknowledgment below must be signed by a Notary Public.
CERTIFICATE OF ACKNOWLEDGMENT
State of California )
County of Lla k�l, _ )
On the date—written below,, before,m f �/ /'✓t y -e.c- personally
appeared <
, 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 me that he/she/they executed the same in his/her/their authorized capacity(ies),
and that by his/her/their signature(s) 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. 1 r lin J`M.
�
(� ,r Caroline M. Tessa
Dated l7.;i�i _ -Y` �( t b Comm.#1148701 L F
TARY PUBLIC-CALWORNI
SACRAMENTO COUNTY o ary Public
Comm.Exp.July 26,2001 ,
(Notary's Seal)
3. Parties. Effective on the above date, the above-named Public Agency and Consultant mutually agree and promise as follows:
4. Emolovment. Public Agency hereby employs Consultant, and Consultant accepts such employment, to perform the professional
services described herein, upon the terms and in consideration of the payments stated herein.
5. Scone of Service. Scope of service shall be as described in Appendix A, attached hereto and made a part hereof by this
reference.
6. R Bort Disclosure Section. Any document or written report prepared hereunder by Consultant, or a subcontractor, for Public
Agency shall contain, in a separate section, the numbers and dollar amounts of this contract and all subcontracts relating to the
preparation of such document or written report, provided that the payment limit specified in Sec. 1(e) exceeds $5,000. When
multiple documents or written reports are the subject or products of this agreement, the disclosure section may also contain a
statement indicating that the total contract amount represents compensation for multiple documents or written reports.
7. Insurance. Consultant shall, at no cost to Public Agency, obtain and maintain during the term hereof: (a) Workers' Compensation
Insurance pursuant to state law; (b) Professional Liability Insurance with minimum coverage of $ and a maximum deductible
of $ ; and (c) Comprehensive General Liability Insurance, including blanket contractual (or contractual liability) coverage,
broad form property damage coverage, and coverage for owned and non-owned vehicles, with a minimum combined single limit
coverage of $500,000 for all damages due to bodily injury, sickness or disease, or death to any person, and damage to property,
including the loss of use thereof, arising out of each accident or occurrence, and naming Public Agency,
its/their governing bodies, officers and employees as additional insureds. Consultant shall promptly furnish to Public
Agency certificates of insurance evidencing such coverage and requiring 30 days' written notice to Public Agency of policy lapse,
cancellation or material change in coverage.
8. Plyminl. Public Agency shall pay Consultant for professional services performed at the rates shown in Appendix B attached
hereto, which include all overhead and incidental expenses, for which no additional compensation shall be allowed. Notwithstanding
the foregoing, those incidental expenses specifically itemized in Appendix B shall be reimbursable by Public Agency to Consultant,
provided that Consultant submits copies of receipts and, if applicable, a detailed mileage log to Public Agency. In no event shall
the total amount paid to Consultant exceed the payment limit(s) specified in Sec. 1(e) without prior written approval of the Public
Agency. Consultant's billing statements shall be submitted at convenient intervals approved by Public Agency and shalt list, for
each item of services, the employee categories, hours and rates. Public Agency will pay consultant in accordance with the
requirements of Civil Code Section 3320 as applicable.
9. Std. The Consultant is an independent contractor, and shall not be considered an employee of Public Agency.
10. Time for Completion, Unless the time is extended in writing by Public Agency, Consultant shall complete all services covered by
this Agreement no later than the Completion Date(s) listed above.
11, Recgrrd 8 terilion and Auditing. Except for materials and records delivered to Public Agency, Consultant shall retain all materials
and records prepared or obtained in the performance of this Agreement, including financial records, for a period of at least five years
after Consultant's receipt of the final payment under this Agreement. Upon request by Public Agency, at no additional charge,
Consultant shall promptly make such records available to Public Agency, or to authorized representatives of the state and federal
governments,at a convenient location within Contra Costa County designated by Public Agency, and without restriction or limitation
on their use.
12. Documerttat#on. Consultant shall prepare and deliver to Public Agency at no additional charge,the items described in Appendix A
to document the performance of this Agreement and shall furnish to Public Agency such information as is necessary to enable Public
Agency to monitor the performance of this Agreement.
13. Owneshr io of Documents. All materials and records of a finished nature, such as final pians, specifications, reports, and maps,
prepared or obtained in the performance of this Agreement, shall be delivered to and become the property of Public Agency. All
materials of a preliminary nature, such as survey notes, sketches, preliminary plans, computations and other data, prepared or
obtained in the performance of this Agreement, shall be made available, upon request,to Public Agency at no additional charge and
without restriction or limitation on their use.
14. bra Work. Any work or services in addition to the work or services described in Appendix A shall be performed by Consultant
according to the rates or charges listed in Appendix B. In the event that no rate or charge is listed for a particular type of extra
work, Consultant shall be paid for the extra work at a rate to be mutually agreed on prior to commencement of the extra work.
In no event shall Consultant be entitled to compensation for extra work unless a written authorization or change order describing
the work and payment terms has been executed by Public Agency prior to the commencement of the work.
15. Payment Betention.
of this fteemerit. After let Completed all VOO!k tirldel,thia fteermemt, submitted Fiivel billing,aiid the Pubfie-AVerty
Has Found the vverk to be aecurate, 'the "tt" Y -... F.Y 1 w.ithheld ftimels. Public Agericy vvill pay withheld funds iii
secoiden-e vvith the reettiiiem ft of Givil G-1- 6--ti— 8-920 as applicable. A retemtiom vVill riet be withheld fot emy "on call" vvork
16. Termination by D&jr,Astenc_y. At its option, Public Agency shall have the right to terminate this Agreement at any time by written
notice to Consultant, whether or not Consultant is then in default. Upon such termination, Consultant shall, without delay,deliver
to Public Agency all materials and records prepared or obtained in the performance of this Agreement, and shall be paid, without
duplication, all amounts due for the services rendered up to the date of termination.
17. Aban ol2ment ty Consultant. In the event the Consultant ceases performing services under this Agreement or otherwise abandons
the project prior to completing all of the services described in this Agreement, Consultant shall, without delay, deliver to Public
Agency all materials and records prepared or obtained in the performance of this Agreement, and shall be paid for the reasonable
value of the services performed up to the time of cessation or abandonment, less a deduction for any damages or additional
expenses which Public Agency incurs as a result of such cessation or abandonment.
18. Breach. In the event that Consultant fails to perform any of the services described in this Agreement or otherwise breaches this
Agreement, Public Agency shall have the right to pursue all remedies provided by law or equity. Any disputes relating to the
performance of this Agreement shall not be subject to non-judicial arbitration. Any litigation involving this Agreement or relating
to the work shall be brought in Contra Costa County, and Consultant hereby waives the removal provisions of Code of Civil
Procedure Section 394.
19, C,oMoliance with Laws. In performing this Agreement,Consultant shall comply with all applicable laws, statutes, ordinances, rules
and regulations, whether federal,state or local in origin. This includes compliance with prevailing wage rates and their payment in
accordance with California Labor Code, Section 1775.
20. Assignment. This Agreement shall not be assignable or transferable in whole or in part by Consultant, whether voluntarily, by
operation of law or otherwise;provided, however,that Consultant shall have the right to sub-contract that portion of the services
for which Consultant does not have the facilities to perform so long as Consultant notifies Public Agency of such subcontracting
prior to execution of this Agreement. Any other purported assignment, transfer or sub-contracting shall be void.
21 Subcontracting. All subcontracts exceeding $25,000 in cost shall contain all of the required provisions of this contract. Consultant
will pay each subconsultant in accordance with the requirements of Civil Code Section 3321 as applicable.
22. Endorsement on Plans, Consultant shall endorse all plans, specifications, estimates, reports and other items described in Appendix
A prior to delivering them to Public Agency, and where appropriate, indicate his/her registration number.
23, Patents and Goo riy ahts. The issuance of a patent or copyright to Consultant or any other person shall not affect Public Agency's
rights to the materials and records prepared or obtained in the performance of this Agreement. Public Agency reserves a license
to use such materials and records without restriction or limitation, and Public Agency shall not be required to pay any additional fee
or royalty for such materials or records. The license reserved by Public Agency shall continue for a period of fifty years from the
date of execution of this Agreement, unless extended by operation of law or otherwise.
24. Indemnification. Consultant shall defend, indemnify, save and hold harmless Public Agency,
its/their governing bodies, officers and employees from any and all claims, costs and liability for any damages, injury or death arising
directly or indirectly from, or connected with, the services provided hereunder and due to, or claimed or alleged to be due to,
negligence or willful misconduct of Consultant, its officers, employees, agents, subconsultants, or any person under its direction
or control, save and except claims or litigation arising through the sole negligence or sole willful misconduct of Public Agency, and
will make good to and reimburse the indemnitees for any expenditures, including reasonable attorney's fees, the indemnitees may
make by reason of such matters and, if requested by any of the indemnitees,will defend any such suits at the sole cost and expense
of Consultant.
25. Heirs Successors and Assigns. Except as provided otherwise in Section 20 above, this Agreement shall inure to the benefit of and
bind the heirs, successors, executors, personal representatives and assigns of the parties.
26. Ppb€ic Endorsements, Contractor shall not in its capacity as a contractor with Public Agency publicly endorse or oppose the use
of any particular brand name or commercial product without the prior approval of the Public Agency's governing board. In its Public
Agency 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 Public Agency's governing board, in its Public Agency contractor capacity, Contractor shall 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 Public Agency. Notwithstanding the foregoing, Contractor may express its views
on products to other contractors,the Public Agency's governing board, its officers, or others who may be authorized by the Public
Agency's governing board or by law to receive such views.
27. Project Personnel, In performing the services under this Agreement, Consultant shall use the personnel listed in Appendix C,
attached hereto and made a part hereof by this reference. Changes in project personnel may only be made with Public Agency's
written consent, and Consultant shall notify Public Agency in writing at least thirty (30) days in advance of any proposed change.
Any person proposed as a replacement shall possess training, experience and credentials comparable to those of the person being
replaced.
Attachments: Appendix A, Appendix B, Appendix C
Form approved by County Counsel (2/96)
g:\admin\shiu\s&kcsa98.wpd
11/25/98
APPENDIX "A'$
THIS AGREEMENT entered into as of the date hereinafter specified by and between
SMITH & KEMPTON (hereinafter referred to as S&K) and CONTRA COSTA COUNTY
(hereinafter referred as COUNTY).
WHEREAS, COUNTY wishes to engage S&K to provide professional services,
legislative monitoring, and advocacy in the areas of growth management, infrastructure
finance, transportation finance, public works contracting, planning and zoning,
community development and redevelopment, energy restructuring, and associated
administrative issues in relation the State legislative, State executive and regulatory
agencies.
NOW, THEREFORE, the parties hereto do mutually agree to the following terms and
conditions:
S&K shall provide state legislative monitoring and advocacy in the meas of growth
management, infrastructure finance, transportation finance, planning and zoning,
public works contracting, community development and redevelopment, energy
restructuring and associated administrative issues, including, but not limited to,
goals stated in Attachment B to this agreement.
S&K shall continue to work closely to assist Public Works regarding their role in
financing and implementing important transportation projects in Contra Costa
County.
S&K shall continue assistance to COUNTY in developing a comprehensive rail transit
oriented program for congestion relief, including work with all appropriate political
jurisdictions of Solano, Contra Costa and Alameda counties.
S&K shall facilitate and coordinate the transportation and growth management activities
of the Contra CostaTransportation Authority (OCTA) with those of Contra Costa
County to ensure the County Public Works, County Community Development
and OCTA develop effective, fully coordinated and complementary programs.
COUNTY hereby designates S&K to act as its representative with various State
government committees, commissions, and persons involved in governmental
affairs affecting COUNTY's interest in Section 1 through 4 above. Such
representation may include legislative advocacy as directed by COUNTY.
S&K shall receive day to day supervision regarding COUNTY's interests in this contract
from J. Michael Walford, Public Works Director, or his specified alternate in his
absence and shall fully coordinate legislative positions with Claude Van Marter,
Assistant County Administrator. S&K shall provide COUNTY with periodic
updates of the implementation of the work program. At least once every three
months, S&K shall present the status of their work program to the Board of
Supervisors, Transportation Committee orally or in writing.
1. S&K shall perform the foregoing services in full compliance with applicable laws,
rules and regulations, and shall, in cooperation with COUNTY, file all reports
required of it and them by applicable law in a timely manner in connection with
any representation work for COUNTY. S&K shall furnish all necessary
information and assist COUNTY in fling all reports required of it and them by
applicable law in a timely manner.
2. The parties recognize that S&K has other clients for which it may perform
services similar to those provide for herein, and may find from, time to time, that
the interests of various such clients may conflict with the interests of COUNTY.
S&K shall advise COUNTY of all such instances wherein there is a conflict
between the interest of COUNTY and the interests of one or more if its other
clients, and in each and every such instance agrees that it shall not take any
action on behalf of COUNTY or other such client or clients without the consent of
COUNTY.
3. S&K agrees that it will not disclose any confidential information regarding
COUNTY, or its current or former employees, that it has obtained or will obtain,
either directly or indirectly, without the consent of COUNTY.
4. COUNTY shall pay S&K the sum of$3,000 per month, plus chargeable
expenses, up to a maximum of 30 hours per month, upon receipt of an invoice.
Upon prior approval of COUNTY, work performed in any given month in excess
of 30 hours per month shall be reimbursed on an hourly basisby COUNTY at a
rate of$150/hour. Chargeable expenses for the purpose of this agreement shall
include reasonable and necessary expenses directly related to the interests of
COUNTY and travel outside the Sacramento area, including meals and lodging
while negated in such travel, and shall not include ordinary office overhead.
5. The term of this agreement shall commence January 1, 1999, and be subject to
renewal between the parties on December 31, 1999.
J. Michael Watford D. h
Director, Public Works Pre i
Contra Costa County S ' & Kempton
255 Glacier Dr. 980 Ninth Street, Suite 1560
Martinez, CA 94553 Sacrament, CA 95814
Date: Date: 46
Arg
g\admiMshiuls&kexa98.wpd
11125/98
APPENDIX "B"
The Contract is effective January 1, 1999 and terminates December 31, 1999. The
payment limit on the contract is $38,000, including a flat payment of$3,000 per month
(which is not to exceed thirty (30) hours of work per month), plus actual and necessary
expenses not to exceed $2,000 per year.
Services required in addition to 30 hours per month can be reimbursed at a rate of$150
per hour with prior approval by the County.
APPEND1X #icif
CONTRA COSTA COUNTY
Transportation Legislation Program for 1999
The County's Lang Term Legislative Goals
The Contra Costa General Plan presents the County's long-range vision of its future.
The Transportation and Circulation Element of the General Plan identifies the actions
and programs needed to meet the transportation needs implicit in the General Plan's
vision. The General Plan is also the central policy document that guides the
transportation planning activities of the Community Development and Public Works
departments, including advocacy for legislation. The cost o,f'burlding and maintaining
the transportation improvements identified in the General Plan exceeds available
revenues or funds; consequently, the County needs to explore the feasibility of legislation
that can aid in the implementation of the .Transportation and Circulation Element.
1. Interregional Corridors
Monitor legislation and administrative actions related to the improvement of the County's
interregional corridors, particularly along Vasco Road(State Route 84)and proposed
State Route 239. This would include advice and assistance on matterspertaining to the
new funding category created under Senate Bill 45 referred to as the Interregional
Improvement Program in the State Transportation Improvement Program(STIP).
2. State Transportation Improvement Program (STIP)l Statewide Transportation
Funding Issues
Monitor developments related to the State Transportation Improvement Program(STIP)
and provide advice on how to advance the County's transportation improvement priorities
through the STIP process. Explain potential impact of California Transportation
Commission's guidelines and policies on the County's transportation projects and
programs, and, as appropriate,advocate on behalf of the County's interests at the
California Transportation Commission(e.g., see item#1 above discussion on the
Interregional Improvement Program). Also, monitor legislation that would potentially
affect the STIP process.
In regard to statewide transportation funding issues likely to be addressed in the 1999
Legislative Session, monitor legislation that addresses the need for local jurisdictions' to
secure new, dedicated funding for street maintenance and rehabilitation,and legislation
that would authorize loans or advances from the State Highway Account to local
jurisdictions for the purpose of speeding up local transportation projects. Explain and
advise on how such proposed legislation would impact County's transportation projects
and programs, and, as appropriate, advocate on behalf of the County's interests.
3. Transportation Fund For Clean Air
Monitor legislation related to the Transportation Fund For Clean Air(TFCA), which is
administered by the Bay Area Air Quality Management District. Seek legislative action to
remove the existing sunset provision on bicycle projects funded through TFCA. Explain
and advise on how legislation would potentially impact TFCA funded programs and
activities in Contra Costa County,and, as appropriate, advocate on behalf of County's
interests.
4. CALWORKS Transportation Services
Monitor legislation related to the provision of transportation services for welfare
recipients moving into the workforce, as required under the welfare-to-work reform
program referred to as CALWORKS. This would include legislation to provide new
funding for cities and counties, and/or transit agencies,to augment existing transportation
services to CALWORKS participants. Explain and advise on how legislation would
potentially impact the County, and, as appropriate, advocate on behalf of County's
interests.
5. Dight of Entry for Biological Survey
Explore with Resource Agencies(State and Federal) and members of the California State
Association.of Counties(CSAC) the feasibility of legislation to authorize public
employees, and/or a certified biologist working for a public agency,right of entry onto
private property with due notice for the purpose of conducting a biological survey and/or
reconnaissance in order to comply with the permitting procedures established by the
Resource Agencies(e.g., compliance with requirements under the Federal Endangered
Species Act).
6. Railroad Transportation
Railroad transportation is crucial to a balanced transportation system for the County both
in terms rail freight movement and passenger rail service. Monitor legislation that may
affect current and future rail transportation in the County, in particular legislative
proposals related to safer railroad operations. Explain and advise on how legislation
would potentially impact railroad transportation in the County, and, as appropriate,
advocate on behalf of County's interests. Also, provide advice and assistance to the
County on how regulatory agencies can ensure safer railroad operations in the County.
7. Paratransit Services to the Elderly and Disabled
Monitor legislation to increase the funding level or create a new funding source for
paratransit services to the elderly and disabled. Explain and advise on how legislation
would potentially impact provision of paratransit services in the County, and, as
appropriate, advocate on behalf of County's interests.
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8. Grant Funding Opportunities
Advocate for and assist the County in pursuing transportation-related grant funding
opportunities at the State level, such as the Petroleum Violation Escrow Account(PVEA)
and Environmental Enhancement Program.
ITEMS CARRIED OVER FROM 1998 PROGRAM
9. Bicycle Transportation
Support legislation to establish a special motor vehicle license plate promoting bicycle
transportation, with the proceeds going to the state Bicycle Lane Account, and explore
revisions to the Bicycle Lane Account statute to streamline the state bicycle planning
requirements.
10. Subdivision Map Act
Following a review by County Counsel on the legal authority to apply traffic mitigation
fees on new development, if necessary, consider seeking legislation to clarify the
Subdivision Map Act's definition of major thoroughfares to include state highways and
expand eligible uses of area of benefit fees to include bikeways, park and ride lots, and
other alternative transportation facilities in Contra Costa County.
11. Housing Funding/Transit
Support legislation that gives more priority in state grant funding for housing, or other
state subsidy programs for affordable housing,to encourage development of housing that
is served directly by fixed guideway transit systems, such as BART.
12. Vanpool Liability
Advise the County on legislative options for limiting its liability exposure related to the
operation of County's employee vanpools.
13. Underground Utility Districts
Support legislation or seek an amendment to Public Utilities Code Rule 20A to allow use
of up to 3% of underground utility district funds for local agency administration of such
districts.
14. Corner Records
Support legislation to include the costs of reviewing and filing of comer records as an
eligible use of monument preservation funds.
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