HomeMy WebLinkAboutMINUTES - 12011998 - C161-C165 305-9809/A.1.1
TO: BOARD OF SUPERVISORS
FROM: BARTON J. GILBERT,DIRECTOR OF GENERAL SERVICES Contra
}_ Costa
DATE: December 1, 1998 County
SUBJECT: RESCIND CONSULTING SERVICES AGREEMENT FOR
ARCHITECTURAL SERVICES FOR TENANT IMPROVEMENTS AT
2340 BUCHANAN ROAD BUILDING C, ANTIOCH (WPA225)
SPECIFIC REQUESTS OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
1. RECOMMENDATION
RESCIND a consulting services agreement with R. D. Hill, Architect, for architectural services for
Tenant Improvements at 2340 Buchanan Road, Building C, Antioch, for the Social Service Department
Cal Works Program.
TI. FINANCIAL IMPACT
The consultant will be reimbursed for minor expenses to date under a separate agreement.
III. RF SON FOR RECOMMENDATION/BACKGROLJND
On November 3, 1998 the Board approved a consulting services agreement with R. D. Hill in the
amount of$76,000.00 for Tenant Improvements at 2340 Buchanan Road,Building C, Antioch, for the
Social Service Department Cal Works Program. The Social Service Department has cancelled the
project and plans to accommodate the program at another facility.
CONTINUED ON ATTACHMENT: 3 SIGNATURE: &MLhQA&_
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURES
ACTION OF BOARD ON GC rn r I. /Z*A? APPROVED AS RECOMMENDED
VOTE OF SUPERVISORS
UNANIMOUS(ABSENT 1
AYES: NOES:
ABSENTS: ABSTAIN:
MEDIA CONTACT: BARTON J.GILBERT(313-7100)
CC: General Services Department I HEREBY CERTIFY THAT THIS IS A TRUE
Architectural Division AND
CORRECT COPY OF AN ACTION TAKEN
AND ENTERED ON THE MINUTES OF THE BOARD
File: 305-9809/A.5 OF SUPERVISORMON THE DATE SHOWN.
Accounting / I /c�X
r+,
Lease Management Division(Via A/D) ATTESTED. , l d
County Administrator's Office PHIL BATCHELOR,CLERK�t1F THE BOARD OF
Social Service Department(Via A/D) /1 SUPERVISORS AND COUNTY ADMINISTRATOR
Consultant(Via A/D)
BY DEPUTY
H 119981305980918B00920b.doo Page 1 of 1 M382(10188)
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345-9802/A.I.I.5
TO: BOARD OF SUPERVISORS
FROM: BARTON J. GILBERT, DIRECTOR OF GENERAL SERVICES Contra
Costa
DATE: December 1, 1998 County
SUBJECT: APPROVING CONSULTING SERVICES AGREEMENT FOR PROJECT
MANAGEMENT SERVICES FOR TENANT IMPROVEMENTS AT 2311 LOVERIDGE
ROAD,PITTSBURG,FOR HEALTH SERVICES DEPARTMENT(WH604B)
SPECIFIC REQUESTS OR RECOMMENDATION($)&BACKGROUND AND JUSTIFICATION
I. RECOMMENDATION
A. APPROVE a consulting services agreement with RGM and Associates, 3230 Monument Way,
Concord, for project management services for Tenant Improvements at 2311 Loveridge Road,
Pittsburg, for Health Services Department. The agreement will be effective December 1, 1998
and will provide for project management services for a new health center clinic, with a payment
limit of$373,513.00, which amount shall not be exceeded without prior, written authorization
by the Director of General Services.
B. AUTHORIZE the Director of General Services to execute the agreement and to issue written
authorizations for extra work, provided that the cumulative total extra cost for all such
authorization shall not exceed$25,000.00.
II. FINANCIAL IMPACT
Funding for this project will be provided from the Health Services Enterprise Fund.
Ill. REASONS FOR RECOMMENDATION&BACKGROUND
A. On February 24, 1998, the Board of Supervisors authorized the Director of General Services to
sign a Lease with the Los Medanos Community Hospital District for its former hospital located
at 2311 Loveridge Road, Pittsburg. That Lease was fully executed on July 31, 1998. On
August 3, 1998, the County Administrator's Office gave the Director of General Services
authorization to proceed with the design of the required remodeling to accommodate
ambulatory (outpatient) services. On August 11, 1998 the Board of Supervisors approved a
Consulting Services Agreement with Fong & Chan Architects for architectural services related
to the design and construction of the Los Medanos Health Center.
CONTINUED ON ATTACHMENT: '_YES -rek
A SIGNATURE:
-?—, RECOMMENDATION OF COUNTY ADMINISTRATOR —RECOMMENDATION OF BOARD COMMITTEE
_,APPROVE —OTHER
SIGNATURE(S):
ACTION OF BOARD ON :Der-erAlarr APPROVED AS RECOMMENDED 'OT!lE
VOTE OF SUPERVISORS
UNANIMOUS(ABSENT
AYES: NOES:
ABSENTS: ABSTAIN:
MEDIA CONTACT: BARTON J.GILBERT(313-7100)
CC: County Administrator's Office I HEREBY CERTIFY THAT THIS IS A TRUE
AND CORRECT COPY OF AN ACTION TAKEN
General Services Department AND ENTERED ON THE MINUTES OF THE BOARD
Accounting OF SUPERVISORS ON THE DATE SHOWN,
Architectural Division n
File: 345-9802/A.5 ATTESTED
Health Services Department(Via A/D) PHIL BATCHELOR,CLERK OF THE BOARD OF
Consultant(Via A/D) SUPERVISORS AND COUNTY ADMINISTRATOR
00,
BY'VDE
H:\1998\345980218L00263B.doc Page 1 of 2 M382(10188)
-3W
APPROVING CONSULTING SERVICES AGREEMENT FOR 345-9802/A.1.1.5
PROJECT MANAGEMENT SERVICES FOR TENANT December 1, 1998
IMPROVEMENTS AT 2311 LOVERIDGE ROAD, PITTSBURG, FOR
HEALTH SERVICES DEPARTMENT(WH604B)
B. This agreement involves project management services related to design and construction of the
Los Medanos Health Center to be accomplished by remodeling portions of the former Los
Medanos Community Hospital, 2311 Loveridge Road, Pittsburg.
C. On September 9, 1998, the Director of General Services issued requests for statements of
qualifications to 79 project management firms. On October 22, 1998, a selection committee
comprising representatives of the County Administrator's Office, the Health Services
Department, and the General Services Department, interviewed and ranked the two firms that
accepted an invitation to interview. The selection committee ranked the two firms as follows on
the basis of qualifications presented: (1)RGM and Associates, and(2)O'Brien Kreitzberg.
D. A consulting services agreement for project management services has been negotiated with the
firm ranked first, RGM and Associates, and is ready to sign. The services described in the
agreement will involve project management and technical support services for the designand
construction of building renovations to transform the former Los Medanos Community Hospital
into the County's Los Medanos Health Center.
E. The County must proceed with this agreement for planning services'because it does not have
sufficient staff to provide the services.
H:\1998\3459802\6L00263B.doc Page 2 of 2 M382(10188)
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Alpha/Open CSA
ro: BOARD OF SUPERVISORS
FROM: BARTON J. GILBERT, DIRECTOR OF GENERAL SERVICES Contra
Costa
DATE: December 1, 1998 County
SUBJECT: APPROVING CONSULTING SERVICES AGREEMENT FOR
ARCHITECTURAL AND PROJECT MANAGEMENT SERVICES FOR
VARIOUS BUILDING REMODELING AND CONSTRUCTION PROJECTS
SPECIFIC REQUESTS OR RECOMMENDATtON(S)&BACKGROUND AND JUSTIFICATION
I. RECOMMENDATION
APPROVE a consulting services agreement with Daniel L. Rainey, Architect, 5345 Manila Avenue,
Oakland, for architectural and project management services for various building remodeling and
construction projects, effective December 1, 1998, with a payment limit of$50,000.00. AUTHORIZE the
Director of General Services to execute the agreement.
II. FINANCIAL IMPACT
Funds will not be encumbered by the agreement, except when services are ordered on a project-by-project
basis by the County Acting Supervising Architect. Such services will be charged to the appropriate capital
project fund or to department funds when services are requested by client departments.
III.RECOMMENDATIONS/BACKGROUND
1. Daniel Rainey has been providing architectural services as a consultant for the County since August,
1990, when he was recruited on an urgent basis to help with construction administration for the
Forensic Science Facility. Subsequently, he was retained to provide architectural, project management,
and computer aided drafting services for various projects, as a contract employee.
CONTINUED ON ATTACHMENT:--X—Y_ ES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURES:
ACTION OF BOARD ON Ll Lam[ c'YYLJ2d f r! APPROVED AS RECOMMENDED f Xi �
VOTE OF SUPERVISORS
UNANIMOUS(ABSENT 1
AYES: NOES:
ABSENTS: ABSTAIN:
MEDIA CONTACT: BARTON J.GILBERT(313-7100)
CC: General Services Department I HEREBY CERTIFY THAT THIS IS A TRUE
Architecture!Division AND CORRECT COPY OF AN ACTION TAKEN
AND ENTERED ON THE MINUTES OF THE BOARD
Accounting OF SUPERVIS S ON THE DATE SHOWN.
County Administrator's once
County Counsel ATTESTED
Consultant(Via A.D.) PHIL BATCHELOR,CLEM OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
BY DEPUTY
H:\_ALPHA\Rain9812\1105805s.doc Page 1 of M382(10188)
APPROVING CONSULTING SERVICES AGREEMENT FOR Alpha/Open CSA
ARCHITECTURAL AND PROJECT MANAGEMENT SERVICES FOR December 1, 1998
VARIOUS BUILDING REMODELING AND CONSTRUCTION
PROJECTS
2. On May 1, 1998 the Consultant's contract employee status expired. The Architectural Division must
keep up with client and contractor needs on a timely basis to reduce delays in designing, remodeling
and building County facilities and to avoid contractor claims for delay damages. The Architectural
Division, under this Agreement, will be able to issue work orders to the Consultant for each
assignment. Each order will include a payment limit and a work authorization charge number. This
Agreement will help the Architectural Division perform its professional services with continuity'and
with improved efficiency.
H:\_ALPHA\Rain9812\1105805s.doc Page 2 of 2 M382(10188)
TO: BOARD OF SUPERVISORS
FROM: Barton J. Gilbert,Director of General Services Contra
Costa
DATE: December 1, 1998 County
SUBJECT: CONTRACT FOR CONTINUED PROVISION OF
TELECOMMUNICATIONS ENGINEERING SERVICES
SPECIFIC REQUESTS OR RECOMMENDATtON(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
APPROVE and AUTHORIZE the Director of General Services or his designee to execute a Contract
Amendment Agreement with C.S.I. Telecommunications to increase the total payment limit to
$150,000 for continued provision of telecommunications engineering services through February 28,
1999.
FISCAL IMPACT:
Funds are within the General Services budget. This consulting firm has been working with General
Services staff to engineer the digital microwave conversion, and their expertise helped the County to
meet the deadline for Personal Communications Services' (PCS) temporary allocation which :was
needed in order for the County to receive a bonus of $200,000 from Sprint. They will continue to
provide consulting and engineering services to ensure that the conversion ;project is completed as
agreed. The total cost of this project is over $6 million, of which the County share is $4 million,
payable over 10 years on a zero percent interest loan. Pacific Bell Mobile Services will reimburse 37
percent of the costs of this project, which will include these engineering services.
BACKGROUND:
On February 12, 1997, the Board of Supervisors approved an agreement with Pacific Bell Mobile
Services to replace the County's analog microwave system with a digital system. C.S.I. is the
engineering firm which has provided valued expertise in the area of radio/microwave
telecommunications in reaching the terms of this agreement. There is no one on County staff who
can provide these telecommunications services. In addition to the microwave conversion, C.S.I. has
provided and will continue to provide consulting and engineering services on other
telecommunications projects, FCC frequency certifications, and technical evaluations. Staff from
C.S.I. attend meetings of the County's Communications Committee and of the Board of Supervisors
to provide testimony and expertise.
CONTINUED ON ATTACHMENT: . YES SIGNATURE:
„RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COM EE
APPROVE OTHER
SIGNATURES: 2&zaagiee 'led&
ACTION OF BOARD ON cT }^�L! f#rl` APPROVED AS RECOMMENDED
VOTE OF SUPERVISORS
UNANIMOUS(ABSENT
AYES: NO��
ABSENTS: ABSTAIN:
MEDIA CONTACT:
CC: General Services Department t HEREBY CERTIFY THAT THIS IS A TRUE
Administration AND CORRECT COPY OF AN ACTION TAKEN
AND ENTERED ON THE MINUTES OF THE BOARD
Purchasing OF SUPERVISO N THE DATE SHOWN.
Accounting
Telecommunications ATTESTED_ r ,
County Auditor-Controlier PHIL.BATCHELOR,CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
BY DEPUTY
G.1AdminICSICONT.BO.doc M382(10/88)
Contra Costa County Standard Form 1187
CONTRACT AMENDMENT AGREEMENT
(Purchase of Services) Number F4539400
Fund/Org
Account. #
Other #
1. Identification of Contract to be Amended.
Number: F4539400
Effective Date: March 1 , 1997
Department: General Services Department - Telecommunications Division
Subject: Telecommunications Engineering
2. Parties. The County of Contra Costa, California (County), for its Department named above,
and the following named Contractor mutually agree and promise as follows.-
Contractor:
ollows:Contractor: C.S.I. Telecommunications
Capacity: Consultants (for profit) Taxpayer ID # 94-1438035
Address: P.O. Box 29002
San Francisco, CA 94129
3. Amendment elate. The effective date of this Contract AmendmentAgreement is
September 1 :_ 1998 .
4. Amendment Specifications, The Contract identified above is hereby amended as set forth it
the "Amendment Specifications" attached hereto which are incorporated herein by reference.
5. $ignatures, These signatures attest the parties' agreement hereto.-
COUNTY
ereto:COUNTY OF CONTRA COSTA, CALIFWHIA
BOARD OF SUPERVISORS ATTEST: Phil Batchelor, Clerk of the Boar{
of Supervisors and County Administrator
By
N Designee Deputy
CONTRACTOR
By By
President Secretary '
Designate 50ness capacity A Designate Susiness capacity B
Nate to Contractor. for corporations {profit or nonprofit), the contract must be signed by two officers. Signature A oust be tha
oft c�pres dent or vice-president and Signature a must be that of the secretary or assistant secretary (Civil Code Section 1iw i ar
Corporations Cade Section 313). All signatures must be acknowledged as set forth on page two,
/ -/4?
,Contra Costa County Standard Form 2/87
APPROVALSACKNOWLEDGEMENT
Number
APPRCIVALS
RECOMMENDED BY DEPARTMENT FORM APPROVED
Sy By
APPROVED: COUNTY ADMINISTRATOR
By
ACMAMM)9�M
State of California ACKNOWLEDGEMENT (By Corporation,
Partnership, or Individual)
County of
The person(s) signing above for Contractor, personally known to me in the
individual or business capacity(ies) stated, or proved to me on the basis of
satisfactory evidence to be the stated individual or ,the representative(s)
of the partnership or corporation named above in the capacity(ies) stated,
personally appeared before me today and acknowledged that he/she/they
executed it, and acknowledged to me that the partnership named above executed
it or acknowledged to me that the corporation named above executed .it
pursuant to its bylaws or a resolution of its board of directors.
Dated:
(Notarial Seal)
Notary Public Deputy County Clerk '
-2-
AMENDMENT SPECIFICATIONS
1. Payment Specifications
A.. Amendment to Payment Limit. As to the term of the Contract,the maximum amount payable by the County
shall not exceed$150,000.40.
B. Amended Schedule of Fees.
Ma, 1 1„997 to November 30 1998 Effective December 1 1998
Field Engineer $130.401 Per Hour $140.00 Per Hour
Senior Engineer 141 AO Per Hour 150.00 Per Hour
Principal Engineer 153.40 Per Hour 160.00 Per Hour
Engineering Manager 170.00 Per Hour 175.00 Per Hour
Engineering Specialist 69.00 Per Hour 75.40 Per Hour
Expenses charged at actual cost plus 12%general and administrative overhead.
C. Demand for Payment(County Demand Form D-15) shall include itemized documentation of services
provided,by hours and classification of service provider.
11. The Service Plan and S ecial Conditions will remain in effect through the term of the Contract.
County Contractor
-3-
T& BOARD OF SUPERVISORS Contra
costa
FROM: Victor J. Westman, County Counsel County
DATE: December 1, 1998
SUBJECT: Approval of Contract for Specialized
Professional Services
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION'
RECOMMENDATIONS:
APPROVE a contract for specialized professional legal serviceswith Crosby, Heafey,
Roach & May.
BACKGROUND/REASONS'FOR RECOMMENDATIONS:
This agreement is to retain the specialized professional services,of Crosby, Heafey,
Roach & May in connection with the legal services they have initially provided for the defense of the
claimed civil rights violation action of Lucy's Sales, et al. v. Contra Costa County(USDC No. C98-
2955 SBA), in addition, this agreement will allow this firm's retention as conflict counsel on behalf of
one of the County employees against whom punitive damages were recently awarded in the legal
action Devon Wilkes v. Merrithew Memorial Hospital, et al., Sup. Ct. No. C98-01873. This firm has
specialized legal expertise in the handling of post trial motions and appeals concerning trial court
awards of punitive damages which expert services will be available to protect the County and its
employees' interest with the entering of this proposed agreement.
CONTINUED ON ATTACHMENT: SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF
BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON December 1, '1998 APPROVED AS RECOMMENDED—�
VOTE OF SUPERVISORS
�UNANIMOUS (ABSENT I HEREBY CERTIFY THAT THIS IS A TRUE
AYES: NOES: AND CORRECT COPY OF AN ACTION
TAKEN AND ENTERED N THE MINUTES OF
ABSENT: ABSTAIN: THE BOARD OF SUPERVISORS ON THE
DATE SHOWN.
cc: County Counsel (5-1800) ATTESTED
Risk Management PHIL. BATCHELOR, CL RK OF THE
County Administrator BOARD OF SUPERVISORS AND
M382 COUNTY ADMINISTRATOR
aEBY , DEPUTY
REWA1V CR0SBY0R.WP£)
..................
Contra Costa County Number #(s
CONTRACT FOR LEGAL SERVICES Fund/Org #�jjff
Account#
1. Contras Idwtifieation. Other #
Department: County Administrator - Risk Management
Subject: Legal Services
2. The County of Contra Costa, California (County), for its Department named above, and
the following named Contractor mutually agree and promise as follows:
Contractor: Crosby, Heafey, Roach & May
Capacity: Law Firm Taxpayer ID #
Address: 1999 Harrison St., P.O. Box 2084
Oakland, CA 94604-2084
3. Ti. The effective dateof this Contract is December 20, 1998 and it terminates December 20,
2001 unless sooner terminated as provided herein. This contract supersedes all previous contracts
between the parties.
4. Payment Limit. County's total payments to Contractor under this contract shall not exceed. (not
applicable).
5. ', ennina#];on. This Contract may be terminated by the County, at its sole discretion, upon five-
day advance written notice thereof to the Contractor, or canceled immediately by written mutual
consent.
6. Coon 's Qhligations. In consideration of Contractor's provision of services as described below,
and subject to the payment limit expressed herein, County shall pay Contractor, upon Contractor's
submission of a properly documented demand for payment (County Demand Form D-15) which
shall be submitted not later than 30 days from the end of the month in which the contract services
were rendered, and upon approval of such demand by the head of the County Department for
which this Contract is made or his designee, as follows:
[Check one alternative only]
( ) hour; or
[ ] a. FEE RATE: $ per service unit: ( ) session, as defined below; or
{)calendar (day, week or month)
NOT TO EXCEED a total of service unit(s).
[ ] b. .Payment in full after approval by the Department.
[XX] c. As set forth in the attached Service Plan.
7. Contractor's Obligations. Contractor shall provide the following described services:
Contractor shall perform legal services and legal representation as set out in the Service Plan,
attached.
8. Cmullance with Law. Contractor shall be subject to and comply with all Federal, State and
local laws and regulations applicable with respect to its performance under this Contract,
including but not limited to, licensing, employment and purchasing practices; and wages, hours
and conditions of employment, including nondiscrimination.
1—
Coutra Costa County CONTRACT FOR LEGAL, SERVICES Number
9. NondiscdMft gory Services. Contractor agrees that all goods and services under this Contract
shall be available to all qualified persons regardless of age, sex, race, religion, color, national
origin, or ethnic background, or handicap, and that none shall be used, in whole or in part, for
religious worship or instruction.
10. I Wowdent Contractor, . This Contract is by and between two independent contractors
and is not intended to and shall not be construed to create the relationship between the parties of
agent, servant, employee, partnership,joint venture, or association.
11. DisMes. Disagreements between the County and Contractor concerning the meaning,
requirements, or performance of this Contract shall be subject to final determination in writing
by the head of the County Department for which this Contract is made or his designee or in
accordance with the applicable procedures (if any) required by the State or Federal Government.
12. Access to Rooks and Records of Contractor, &b wtrsictm. Pursuant to Section 1861(v)(1)
of the Social Security Act, and any regulations promulgated thereunder, Contractor shall, upon
written request and until the expiration of four years after the furnishing of services pursuant to
this Contract, make available to the Secretary of Health and Human Services, the Comptroller
General, the County, or any of their duly authorized representatives, this Contract and books,
documents, and records of Contractor that are necessary to certify the nature and extent of all
costs and charges hereunder. Further, if Contractor carries out any of the duties of this Contract
through a subcontract, with a value or cost of$10,000 or more over a twelve-month period, such
subcontract shall contain a clause to the effect that upon written request and until the expiration
of four years after the fcunishing of services pursuant to such subcontract, the subcontractor shall
make available, to the Secretary, the Comptroller General, the County, or any of their duly
authorized representatives, the subcontract and books, documents, and records of the
subcontractor that are necessary to verify the nature and extent of all costs and charges hereunder.
This special condition is in addition to any and all other terms regarding the maintenance or
retention of records under this Contract and is binding on the heirs, successors, assigns and
representatives of Contractor.
13. Rig&gLrernents. Pursuant to Government Code Section 7550, Contractor shall include
in all documents or written reports completed and submitted to County in accordance with this
Contract, a separate section listing the numbers and dollar amounts of all contracts and
subcontracts relating to the preparation of each such document or written report. This section
shall apply only if the payment limit under this Contract exceeds $5,400.
14. Indemnification. The Contractor shall defend, indemnify, save, and hold harmless the County
and its officers and employees from any and all claims, costs and liability for any damages,
sickness, death, or injury to person(s) or property, including without limitation all consequential
damages, from any cause whatsoever, except as stated herein, arising directly or indirectly from
or connected with the operations or services of the Contractor or its agents, servants, employees
or subcontractors hereunder, save and except claims or litigation arising through the sole
negligence or sole willful misconduct of the County or its officers or employees. Contractor will
reimburse the County for any expenditures, including reasonable attorneys' fees, the County may
make by reason of the matters that are the subject of this indemnifiication, and if requested by the
County will defend any claims or litigation to which this indemnification provision applies at the
sole cost and expense of the Contractor. This indemnification provision does not apply to
2—
Contra Costa County CONTRACT FOR LEGAL SERVICES Number
professional liability claims arising out of or based on the caliber of legal services provided by
Contractor under this contract.
15. Endorsements. Contractor shall not in its capacity as a contractorwith Contra Costa County
publicly endorse or oppose the use of any particular brand name or commercial product without
the prior approval of the Board of Supervisors. In its County contractor capacity, Contractor
shall not publicly attribute qualities or lack of qualities to a particular brand name or commercial
product in the absence of a well-established and widely-accepted scientific basis for such claims
or without the prior approval of the Board of Supervisors. In its County contractor capacity,
Contractor 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 Contra Costa County.
Notwithstanding the foregoing, Contractor may express its views on products to other contractors,
the Board of Supervisors, County officers, or others who may be authorized by the Board of
Supervisors or by law to receive such views.
16. 1 egal Authority. This Contract is entered into under and subject to the following legal
authorities: California Government Code Sections 26223 and 31000.
17. Sig a gyres. These signatures attest the parties' agreement hereto:
A
BydooDesignee By
oved. aunty Administrator
By Designee (Designate official capacity r-`/,"
Recomme ed by Departmen
BY oi; Designee -2- [Form approved by County Counsel]
Note Contra lir: For corporations (profit or nonprofit), the contract must be signed by two officers.
Signature A must be that of the president or vice-president and Signature B must be that of the secretary
or assistant secretary (Civil Code Section 1190 and Corporations Code Section 313).
3—
SERVICE PLAN
L Contractor shall perform legal services and legal representation on behalf of David Dornaus in
the action entitled Devin 'Wilkes v. Merrithcw Memorial hospital, and as requested in the class
action known as ,cyy_'s Sale, Ing_, et al. v. Contla Costa bounty, et al., and as may be requested
by County through the Office of the County Administrator or its designee in such other matters
as may be assigned through the Office of the County Administrator or its designee. Contractor
shall assign tasks to members of its staff who are qualified and competent to provide professional
legal service and legal consultation, and possible joint representation as necessary. The County
reserves the right to designate particular staff members for matter r ing specialized
knowledge and experience. The persons so designated are Kathy'` Ember Shinn.
Before assigning other personnel to any task, Contractor must obtain written approval by the
Office of County Counsel of the assignment and the hourly rate of the person{s} to be assigned.
No major decisions concerning the handling of the case, including commitments for substantial
expenditures concerning retention of expert witnesses, strategic decisions, or settlement offers are
to be made without prior notice to the County Administrator, the County Counsel or their
designee and when appropriate or necessary, the Board of Supervisors.
2. At no expense to Contractor, County shall provide such reports, investigations, records, maps and
other documents as are reasonably necessary for legal defense of a case.
3. Contractor shall receive the following rates. Kathy Odd Ember Shinn: $275.00lhr. for
services as compensation for all services performed during the term of this contract. Contractor
shall be paid for its actual and reasonable out-of-pocket expenses necessary in defense of a case.
Such expenses include but are not limited to filing fees, expert witness fees, court reporter fees,
mileage, and telephone calls. There shall be no charges for facsimile transmissions from
Contractor to the County.
4—
SPECIAL CONDITIONS
I. The following paragraph is added to the provisions this Contract`
Conflict of Intermit: Contractor agrees that Contractor and members of its staff shall avoid any
actual or potential conflicts of interest. Contractor agrees to immediately notify County
Administrator or his designee of any case which may involve an actual or potential conflict of
interest. Contractor shall not accept any employment or representation adverse to the interests
of County without first notifying County of Contractor's intention and obtaining County's written
permission to accept the representation. Contractor warrants that at the date of execution of this
contract, Contractor is not aware of any present adverse representation, and agrees if such
adverse representation is discovered, County will be immediately notified in writing of the
conflict.
2. Contract Provision 14 and General Condition Provision 17, Indemnification, are deleted in
their entirety, and are replaced by the following:
Indemnification. The Contractor shall defend, indemnify, save and hold harmless the County
and its officers and employees from any and all claims, costs and liability for any damages,
sickness, death or injury to person(s) or property, including without limitation all consequential
damages, from any cause whatsoever, except as stated herein, arising directly or indirectly from
or connected with the operations or services of the Contractor or its agents, servants, employees
or subcontractors hereunder, save and except claims or litigation',arising through the sole
negligence or sole willful misconduct of the County or its officers or employees. Contractor will
reimburse the County for any expenditures, including reasonable attorneys fees, the County may
make by reason of the matters that are the subject of this indemnification, and if requested by the
County will defend any claims or litigation to which this indemnification provision applies at the
sole cost and expense of the Contractor. This indemnification provision does not apply to
professional liability claims arising out of or based on the caliber or adequacy of the professional
legal services provided under this contract.
3. The following paragraph is added to the insurance provisions of the Contract for Legal
Services:
LiabiI4 Insurance: It is required that the Contractor must have in force a Professional
Liability insurance Policy with not less than one million dollars ($1,000,000) in coverage.
4. Additional Payment Provisions:
Time entries must be itemized.
No interoffice consultation charges are allowed without advance approval from the
supervising County attorney.
Only one attorney may attend court hearings, depositions, trials, and settlement
conferences. Authorization must be obtained from Risk Management or County Counsel
if more than one attorney is required.
Paralegal time must be itemized. Use of more than one paralegal per attorney requires
authorization from Risk Management or County Counsel. The County will not pay more
than $65 per hour for paralegal time, except for services rendered by exceptionally well-
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qualified personnel with special skills. Any paralegal services to be rendered at rates
exceeding $65 per hour must be approved in advance and in writing by the supervising
County attorney, both as to rate and as to the services to be performed at that rate.
Clerical costs such as word processing, indexing, tabulating, calendaring, and filing are
not be charged to the County. These activities are not allowed under paralegal billings.
In exceptional circumstances,.extraordinary clerical costs may be charged to the County
upon advance written approval by the supervising County attorney.
.Messenger services should be used only upon the request or with the advance permission
of Risk Management or County Counsel.
Reports acknowledging assignments must include an assignment planand a legal reserve
based upon an estimate of time and costs to resolve the matter. Authorization from Risk
Management or County Counsel is required prior to the filing of motions or pursuit of the
plan.
Each written report must conclude with a total of legal fees and costs'charged to date.
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GENERAL CONDITIONS
1. Compliance with Law. Contractor shall be subject to and comply with all Federal,
State and local laws and regulations applicable with respect to its performance under this Contract,
including but not limited to, licensing, employment and purchasing practices; and wages, hours and
conditions of employment, including nondiscrimination.
2. Ins ertivn. Contractor's performance, place of business and records pertaining to
this Contract are subject to monitoring, inspection, review and audit by authorized representatives of the
County, the State of California, and the United States Government.
3. Records. Contractor shall keep and make available for inspection and copying by
authorized representatives of the County, the State of California, and the United States Government, the
Contractor's regular business records and such additional records pertaining to this Contract as may be
required by the County.
a. Retention of Records. The Contractor shall retain all documents pertaining
to this Contract for five years from the date of submission of Contractor's final payment demand or final
Cost Report; for any further period that is required by law; and until all Federal/State audits are
complete and exceptions resolved for this contract's funding period. Upon request, Contractor shall
make these records available to authorized representatives of the County, the State of California, and
the United States Government.
b. Access to Books and Records of Contrada, Subcontractor. Pursuant to
Section 1$61(v)(1) of the Social Security Act, and any regulations promulgated thereunder, Contractor
shall, upon written request and until the expiration of four years after the finmishing of services pursuant
to this Contract, make available to the Secretary of Health and Human Services or to the Comptroller
General, or any of their duly authorized representatives, this Contract and books, documents, and
records of Contractor that are necessary to certify the nature and extent of all costs and charges
hereunder.
Further, if Contractor carries out any of the duties of this Contract through a subcontract with a value
or cost of$10,000 or more over a twelve-month period, such subcontract shall contain a clause to the
effect that upon written request and until the expiration of four years after the furnishing of services
pursuant to such subcontract, the subcontractor shall make available, to the County, to the Secretary or
to the Comptroller General, or any of their duly authorized representatives, the subcontract and books,
documents, and records of the subcontractor that are necessary to verify the nature and extent of all costs
and charges thereunder.
This special condition is in addition to any and all other terms regarding the maintenance or retention
of records under this Contract and is binding on the heirs, successors, assigns and representatives of
Contractor.
4. RRep►rtg Requirements. Pursuant to Government Code Section 7550, Contractor
shall include in all documents or written reports completed and submitted to County in accordance with
this Contract, a separate section listing the numbers and dollar amounts of all contracts and subcontracts
relating to the preparation of each such document or written report. This section shall apply only if the
payment limit under this Contract exceeds $5,000.
5. Termination.
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GENERAL CONDITIONS
a. Written Notice. This Contract may be terminated by either party, at their sole discretion,
upon five-day advance written notice thereof to the other, and may be canceled immediately by written
mutual consent.
b. F. illure to erforM. The County, upon written notice to Contractor, may
immediately terminate this Contract should the Contractor fail to perform properly any of its obligations
hereunder. In the event of such termination, the County may proceed with the work in any reasonable
manner it chooses. The cost to the County of completing Contractor's performance shall be deducted
from any sum due the Contractor under this Contract, without prejudice to the County's rights otherwise
to recover its damages.
6. Entire Aummentt. This Contract contains all the terms and conditions agreed upon
by the parties. Except as expressly provided herein, no other understanding, oral or otherwise,
regarding the subject matter of this Contract shall be deemed to exist or to bind any of the parties hereto.
7. Furtber SRedfleaflow . Detailed specifications of
operating procedures and budgets required by this Contract, including but not limited to, monitoring,
evaluating, auditing, billing, or regulatory changes, may be developed and set;forth in a written Informal
Agreement between the Contractor and the County. Such Informal Agreements shall be designated as
such and shall not be amendments to this Contract except to the extent that they further detail or clarify
that which is already required hereunder. Such Informal Agreements may not enlarge in any manner
the scope of this Contract, including any sums of money to be paid the Contractor as provided herein.
Informal Agreements may be approved and signed by the head of the County',Department for which this
Contract is made or his designee.
8. MO t, tions and Amendments.
a. General Amendment . This Contract may be modified or amended by a
written document executed by the Contractor and the Contra Costa County Board of Supervisors or, after
Board approval, by its designee, subject to any required State or Federal approval.
b. A i istr Amendments. Subject to the Payment Limit, the Service
Plan may be amended by a written administrative amendment executed by the Contractor and the County
Administrator or his designee, subject to any required State or Federal approval, provided that such
administrative amendments may not materially change the Payment Provisions or the Service Plan.
9. Choice of Law and Personal Jurisdiction.
a. This Contract is made in Contra Costa County and shall be governed and
construed in accordance with the laws of the State of California.
b. Any action relating to this Contract shall be instituted and prosecuted in the
courts of Contra Costa County, State of California.
10. w . Should Federal or
State regulations or laws touching upon the subject of this Contract be adopted or revised during the term
hereof, this Contract shall be deemed amended to assure conformance with such Federal or State require-
ments.
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GENERAL CONDITIONS
11. No Waiver bi County. Inspections or approvals, or statements by any officer,
agent or employee of the County indicating the Contractor's performance or any part thereof complies
with the requirements of this Contract, or acceptance of the whole or any part of said performance, or
payments therefor, or any combination of these acts, shall not relieve the Contractor's obligation to
fulfill this Contract as prescribed; nor shall the County be thereby estopped from bringing any action for
damages or enforcement arising from any failure to comply with any of the terms and conditions of this
Contract.
12. SubgQutrml and A�sig nt. This Contract binds the heirs, successors, assigns
and representatives of Contractor. The Contractor shall not enter into subcontracts for any work
contemplated under this Contract and shall not assign this Contract or monies due or to become due,
without the prior written consent of the County Administrator or his designee, subject to any required
State or Federal approval.
13. 1npende . QnM Mgr%go. This Contract is by and between two independent
contractors and is not intended to and shall not be construed to create the relationship between the parties
of agent, servant, employee, partnership, joint venture or association.
14. onflict$ of IntMA. Contractor, its officers, partners, associates, agents, and
employees, shall not make, participate in making, or in any way attempt to use the position afforded
them by this Contract to influence any governmental decision in which he or she knows or has reason
to know that he or she has a financial interest under California Government Code Sections 87100, et
seq., or otherwise.
15. Cmfldemiaft. Contractor agrees to comply and to require its officers, partners,
associates, agents and employees to comply with all applicable State or Federal statutes or regulations
respecting confidentiality, including but not limited to, the identity of persons served under this Contract,
their records, or services provided them, and assures that:
a. All applications and records concerning any individual made or kept by
Contractor or any public officer or agency in connection with the administration of or relating to services
provided under this Contract will be confidential, and will not be open to examination for any purpose
not directly connected with the administration of such service.
b. No person will publish or disclose or permit or cause to be published or
disclosed, any list of persons receiving services, except as may be required in the administration of such
service. Contractor agrees to inform all employees, agents and partners of the above provisions, and
that any person knowingly and intentionally disclosing such information other than as authorized by law
may be guilty of a misdemeanor.
16. N-ondiscriminaW . Contractor agrees that all goods and services under
this Contract shall be available to all qualified persons regardless of age, sex, race, religion, color,
national origin, or ethnic background, or handicap, and that none shall be used, in whole or in part, for
religious worship or instruction.
17. de r niflc m. The Contractor shall defend, indemnify, save, and hold harmless
the County and its officers and employees from any and all claims, costs and liability for any damages,
sickness, death, or injury to person(s) or property, including without limitation all consequential
damages, from any cause whatsoever arising directly or indirectly from or connected with the operations
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GENERAL CONDITIONS
or services of the Contractor or its agents, servants, employees or subcontractors hereunder, save and
except claims or litigation arising through the sole negligence or sole willfulmisconduct of the County
or its officers or employees. Contractor will reimburse the County for any expenditures, including
reasonable attorneys' fees, the County may make by reason of the matters that are the subject of this
indemnification, and if requested by the County will defend any claims or litigation to which this
indemnification provision applies at the sole cost and expense of the Contractor.
18. It UMM. During the entire term of this Contact and any extension or
modification thereof,and in addition to the professional liability insurance required under this Contract,
the Contractor shall keep in effect insurance policies meeting the following insurance requirements unless
otherwise expressed in the Special Conditions:
a. Liabft Inmmmu. The Contractor shall provide comprehensive liability
msurance, including coverage for owned and non-owned automobiles, with a minimum combines single
limit coverage of $500,000 for all damages, including consequential damages, due to bodily injury,
sickness or disease, or death to any person or damage to or destruction of property, including the loss
of use thereof, arising from each occurrence. Such insurance shall be endorsed to include the County
and its officers and employees as additional insureds as to all services performed by Contractor under
this agreement. Said policies shall constitute primary insurance as to the County, the State and Federal
Governments, and their officers, agents, and employees, so that other insurance policies held by them
or their self-insurance programs) shall not be required to contribute to any loss covered under the
Contractor's insurance policy or policies.
b. Workers' Camensatim. The Contractor shall provide workers'
compensation insurance coverage for its employees.
C. Cgdftak sumce. The Contractor shall provide the County with(a)
certificate(s) of insurance evidencing liability and worker's compensation insurance as required herein
no later than the effective date of this Contract. If the Contractor should renew the insurance policy(ies)
or acquire either a new insurance policy(ies) or amend the coverage afforded through an endorsement
to the policy at any time during the term of this Contract, then Contractor shall provide (a) current
certificate(s) of insurance.
d. AddWo t h trig ftov �" n_ . The insurance policies provided by the
Contractor shall include a provision for thirty (30) days written notice to County before cancellation or
material changes of the above specified coverage.
19. Ngo. All notices provided for by this Contract shall be in writing and may be
delivered by deposit in the united States mail, postage prepaid. Notices to the County shalt be addressed
to the head of the County Department for which this Contract is made. Notices to the Contractor'shall
be addressed to the Contractor's address designated herein. The effective date of notice shall be the date
of deposit in the mails or of other delivery, except that the effective date of notice to the County shall
be the date of receipt by the head of the County Department for which this Contract is made.
20. Phi of GsnaWConditions. Except for Special Conditions which expressly
supersede General Conditions, the Special Conditions (if any) and Service Plan do not limit any term
of the General Conditions.
21. Nonreamal. Contractor understands and agrees that there is no representation,
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GENERAL CONDITIONS
implication, or understanding that the services provided by Contractor under this Contract will be
purchased by County under a new contract following expiration of termination of this Contract, and
waives all rights or claims to notice or hearing respecting any failure to continue purchase of all or any
such services from Contractor.
22. Fussy Intgrest. if this Contract results in the Contractor having possession
of, claim to or right to the possession of land or improvements, but does not vest ownership of the land
or improvements in the same person, or if this Contract results in the placement of taxable improvements
on tax exempt land (Revenue & Taxation Code Section 107), such interest or improvements may
represent a possessory interest subject to property tax, and Contractor may be subject to the payment of
property taxes levied on such interest. Contractor agrees that this provision complies with the notice
requirements of Revenue & Taxation Code Section 107.6, and waives all rights to further notice or to
damages under that or any comparable statute.
23. Na ird- -arty.Bmflciaries. With the sole exception of services provided by
Contractor to David Dornaus, and notwithstanding mutual recognition that services under this Contract
may provide some aid or assistance to members of the County's population, it is not the intention of
either the County or Contractor that such individuals occupy the position of intended third-party
beneficiaries of the obligations assumed by either party to this Contract.
24. Copyrights and Rights in Data. Contractor shall not publish or transfer any
materials produced or resulting from activities supported by this agreement without the express written
consent of the County Administrator. If any material is subject to copyright, the County reserves the
right to copyright such and the Contractor agrees not to copyright such material. If the material is
copyrighted, the County reserves a royalty-free, nonexclusive, and irrevocable license to reproduce,
publish, and use such materials, in whole or in part, and to authorize others to do so.
25. Endorsements. Contractor shall not in its capacity as a contractor with Contra
Costa County publicly endorse or oppose the use of any particular brand name or commercial product
without the prior approval of the Board of Supervisors. In its County contractor capacity, Contractor
shall not publicly attribute qualities or lack of qualities to a particular brand name or commercial product
in the absence of a well-established and widely-accepted scientific basis for such claims or without the
prior approval of the Board of Supervisors. In its County contractor capacity, Contractor 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 Contra Costa County. Notwithstanding the foregoing, Contractor may
express its views on products to other contractors, the Board of Supervisors, County officers, or others
who may be authorized by the Board of Supervisors or by law to receive such views.
26. Rcquired Audit. If Contractor is funded by $25,000 or more in federal grant funds
in any fiscal year from any source, Contractor shall provide to County at Contractor's expense an audit
conforming to the requirements set forth in the most current version of Office of Management and
Budget Circular A-133. If Contractor is funded by $25,000 to $100,0030 in federal grant funds in any
fiscal year from any source, Contractor shall arrange for conduct of the federally-required audit
biennially and shall submit the audit to County in the time, form, and manner required by the most
current version of Office of Management and Budget Circular A-133 and by County. If Contractor is
funded by $100,000 or more in federal grant funds in any fiscal year from any source, Contractor shall
arrange for the federally-required audit annually and shall submit the audit to the County in the time,
I1—
GENERAL CONDITIONS
farm, and manner required by the most current version of Office of Management and Budget Circular
A-133 and by County. Contractor is solely responsible for arranging for the conduct of the audit, and
for its cont, and County may withheld the estimated cost of the audit or 10 percent of the contract
amount, whichever is larger, or the final payment, from Contractor until County receives the audit from
Contractor.
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