HomeMy WebLinkAboutMINUTES - 12011998 - C21-C25 ea
TCS-: BOARD OF SUPERVISORS
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE: DECEMBER 1, 1998
SUBJECT: AUTHORIZE THE CHAIR TO EXECUTE AN AGREEMENT BETWEEN THE COUNTY AND
THE RODEO BASEBALL ASSOCIATION (RBA) FOR THE OPERATION OF AUDLT
SOFTBALL, RODEO AREA.
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I. Recommended Action:
AUTHORIZE the Chair to execute an agreement between the County and the Rodeo Baseball Association(RBA)for the
operation of adult softball in the Rodeo area.
II. Financiallmpact:
No General Fund impact. All funds for this program will be derived from Rodeo softball league fees.
III. Reasons for Recommendations and Background:
The County Service Area R-10 Rodeo Advisory Committee wanted to derive a larger share of the proceeds from the
operation of adult softball for use in the community, The Rodeo Baseball Association(RBA)agreed to operate the leagues,
formally operated by County staff,and give the net proceeds of the league fee revenue to CSA R-10 Rodeo. This would
result in County staff not charging staff time to CSA R-10. The attached agreement provides the framework by which RBA
will operate adult softball and provide the net proceeds to CSA R-10 for use in operation of adult programs and projects.
IV. Consequences of Negative Action:
The operation of adult softball will not be approved by the County with respect to indemnification and distribution of
revenue proceeds to the community and County.
Continued on Attachment:X SIGNATURE.
�—L
RECOMMENDATION OF BOARD COMMITTEE
APPROVE i OTHER
SIGNATURE(S).
ACTION OF BOARD ON i, ggBAPPROVFD AS RECOMMENDED X
VO"E OF SUPERVISORS
UNANIMOUS(ABSENT..-b d^-,a-
AYES:
-,a-AYES: NOES:
ABSENT: ABSTAIN:
SE:ca I hereby certify that this is atrue and correct''.
g;lengsvclspdisstVw\Decembe'UWeoBaseballAme copy of an action taken and entered on the
or1Y.D1v: Public Work&(Special Districts) minutes of the Board of Supervisors on the
Contact: Skip Epperly(313-2253) date Shown, _
cc:
ATTESTED: 4L9 , to t, dff
PHIL BATCHELOR Cleric of tilt; Board
of Supervisors and County Administrator
By AeM.—A-M._i 14- Deputy'
.................................................................
Recorded at the request of:
Contra Costa County
Fire Protection District
Return to:
Contra Costa County
Public Works Department
Real Property Division
255 Glacier Drive
Martinez, CA 94553
Attn: Pat Smyers
Assessors Parcel No. 184-161-019
GRANT DEED
For Value Received, contra Costa County Fire Protection District, a county fire protection
district organized pursuant to Health & Safety Code §13801, et seq.
GRANTS to Contra Costa County Fire Protection District, a county fire protection district
organized pursuant to Health & Safety Code §13801, et seq,
the following described real property in the unincorporated area of the County of Contra
Costa, State of California,
FOR DESCRIPTION SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART
HEREOF.
This deed is recorded to implement a lot line adjustment pursuant to Contra Costa County
Community Development Department File No. LL 98-0045.
CONTRA COSTA COUNTY FIRE
PROTECTION DISTRICT
Date December 1. 1998
B
C'-"ir, Boa(d o upervisors
STATE OF CALIFORNIA P
COUNTY OF CONTRA COSTA
On December 1, 1998 before
me, Phil Batchelor, Clerk of the Board of Supervisors and
County Administrator, Contra Costa County, personally
appeared, Jim Rogers
who is 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/shelthey executed the same
in his/herltheir authorized capacity(les), 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.
By:
Deputy Clerk
Ps:gpp
G:\GrpData\RealProp\98-IIXDEI-CCCFPD.doc
Whyte Park Surplus
Lot Line Adjustment
APN 184-161-019
EXHIBIT "All
Real property in an unincorporated area of the County of Contra Costa, State of California,
being Lots 1.2, and 3 in Block 'A" as designated on the map entitled "Dewing Park
Extension, Contra Costa Co., Calif, filed December 20,1916 in Book 15 of Maps, Page
314, described as follows:
Beginning at the northeast corner of said Lot I (15 M 314) thence along the easterly line
of said Lots 1,2, and 3, south 31039' east 120.00 feet to the southeast corner of said Lot
3; thence along the southerly line of said Lot 3, south 58021' west 102.60 feet to the
southwest comer of said Lot 3; thence along the westerly line of said Lot 1,2 and 3, north
20059' west 122.11 feet to the northwest corner of said Lot 1; thence along the northerly
line of said Lot 1, north 58021' east 80.00 feet to the Point of Beginning.
Containing an area of 10,956 square feet (0.25152 acres) of land, more or less.
This real property description has been prepared by me or under my direction, in
conformance with the Professional Land Surveyors Act.
� �►'��W��gyFt
Signature:
Licerii—ed Land Surveyor
Contra Costa County Public Works
Date:
OF C
G:1GrpData\DesignUimS\Iegais1Whyte—.doc
9-03-99
TO BOARD OF SUPERVISORS �✓+% !
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE: DECEMBER 1, 1998
SUBJECT: BUCHANAN FIELD AIRPORT-PAYMENT LIMIT INCREASE,EXTENSION OF CONTRACT
BETWEEN CONTRA COSTA COUNTY AND THE SEDWAY GROUP FOR REAL ESTATE
CONSULTING SERVICES
(Project No.: 4841-6X5332)
SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND ANIS JUSTIFICATION
I. Recommended Action:
APPROVE and AUTHORIZE the Public Works Director to EXECUTE, on behalf of the County, a
contract amendment to extend the time and increase the payment limit of the contract between Contra Costa
County and The Sedway Group, for real estate consulting services, under terms and conditions more
particularly described in said contract.
Continued on Attachment: X SIGNATURE:
_RECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
ACTION OF BOARD ON DWZdxr 1, 1998 APPROVED AS RECOMMENDED X
VOTE OF SUPERVISORS
UNANIMOUS(ABSENT )
AYES:III,IV,V NODS: III
ABSENT:-ABSTAIN:
DLM:DRA
C:BOJBOI xl2.doc
Orig.Div: Pubim Works Department-Airports Division
Contact: (Dick R.Awenius,"6-$722) t hereby certify that this is a true and correct
CrsantyorksDistepwr
Public Works Director copy of an action taken and entered on the
PubdicWorks-Accounting minutes of the Board of Supervisors on the
AuditoriControfier
AviationAdvisory Committee(via ) date Si7Nn.
Federal aInn on(via Airport
Tarry Mrgerrum,The SedwayGroup(via Airport) ATTESTED:
!
PHIL BATCHELOR, Clerk of the Board
of Supervisors and Cownty Administrator
Deputy
SUBJECT: BUCHANAN FIELD AIRPORT—PAYMENT LIMIT INCREASE,EXTENSION OF CONTRACT
BETWEEN CONTRA COSTA COUNTY AND THE SEDWAY GROUP FOR REAL ESTATE
CONSULTING SERVICES
(Project No.: 4841-6X5332)
DATE: DECEMBER 1, 1998
PAGE: TWO
H. Financial Impact:
This action will extend the term of the existing contract from November 30, 1998 to June 30, 1999,and will
increase the payment limit of the contract by $6,000.00 for Tasks 1 — 5, and $4,000.00 for Task 6 of the
contract, for a total contract increase of $10,000.00. Contract payments will come from the Airport
Enterprise Fund.
III. Reasons for Recommendations and Background:
The Sedway Group is a real estate consulting company that was hired by the County to provide assistance
with locating a tenant for the County's 4.4-acre parcel of land at the comer of Marsh Drive and Concord
Avenue near the Buchanan Field Airport. The time limit for the contract expired on November 30, 1998.
This action will extend the contract through June 30, 1999, and will increase the original total contract
payment limit by $10,000.00.
IV. Consequences of Negative Action:
The County's contract for real estate consulting services with The Sedway Group will not be extended,and
the payment limit will not be increased.
MANAGEMENT AGREEMENT
1. Pa >"es. The County of Contra Costa, a political subdivision of the State of California(County),
and the Rodeo Baseball Association(Contractor),mutually agree and promise as follows:
2. Term. The effective date of this Agreement is ,is 517' ,through i h2,1 after which it
shall remain in effect from fiscal year to ftscal_t6ar unless terminated as provided herein and shall
be subject to all terms,conditions,and assurariees contained or incorporated herein.
3. Payment. See"Payment Provisions"attached hereto,which are incorporated herein by reference,
subject to all terms,conditions,and assurances contained or incorporated herein.
4. County's Obligation. County shall permit Contractor use of the facilities as described in the
"Payment Provisions."
5. Contractor's Obligation. Contractor shall manage the Rodeo Adult Softball Program as described
in the "Service Ptah" attached hereto, which is incorporated herein by reference, subject to all
terms, conditions, and assurances contained or incorporated herein, and the "Payment
Provisions".
6. Compliance with Laws. Contractor shall be subject to and comply with all applicable laws.
7. Inspecrion. Contractor's performance,place of business,and records pertaining to this Agreement
are subject to monitoring, inspecting,review, and audit by authorized representatives of County,
the State of California,and the United States.
8. Records. Contractor shall keep and snake available for inspection by authorized representatives
of County,the State of California,and the United States Contractor's regular business records and
such additional records pertaining to this Agreement as may be required by County.
9. Retention of Records. Contractor and County agree to retain all documents pertaining to this
Agreement for three years from the date of termination of this Agreement or until all
Federal/State audits are complete and exceptions resolved for the period covered by this
Agreement or for,such further period as may be required by law (whichever is latest). Upon
request, Contractor shall, at no additional charge and without restriction as to use, make these
records available to authorized representatives of County,the State of California, and the United
States.
10. Termination.
A. Written Notice. This Agreement may be terminated by either party,at its sale discretion,
upon thirty(30)days advance written notice thereof to the other or cancelled immediately
by writtenmutual consent.
B. Failure to Provide Insurance. Should Contractor at any time fail to provide insurance as
described in Section 21 or should the insurance lapse or be cancelled for any reason,this
Agreement shall terminate immediately without notice from County to Contractor.
C. Other Remedies. In the event Contractor breaches this .Agreement, County shall not be
limited to the provisions of this section, but shall have the right to any other remedies
provided by law or equity.
11. Eptire Agreement. This Agreement contains all the terms and conditions agreed upon by the
parties. Except as expressly provided herein, no other understandings, oral or otherwise,
regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the
parties hereto.
RBA Management Agreement,cont'd.
12. Further Sggcif cations for Operafina Procedures. Detailed specifications of operating procedures
and budgets required by this Agreement, including, but not limited to, ;monitoring, auditing,
billing, and regulatory changes, may be developed and set forth in written Informal Agreements
entered betweenContractor and County. Such Informal Agreements shall be designated as such
and shall not be amendments to this Agreement 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 Agreement, including any sutras of money to be paid Contractor.
Informal Agreements shall be approved and signed by the Public Works Director or his designee.
13. Modification and Amendments.
A. General Amendments. This Agreement may be modified or amended by a written document
executed by Contractor and the Contra Costa County Board of Supervisors or, after Board
approval,by its designee.
B. Amendmetmts. The "Payment Provisions" and the "Service Plan" may be amended by a
written administrative amendment executed by Contractor and the County Administrator, or
his designee,,provided that such administrative amendments may not materially change the
"Payment Provisions"or the"Service Plan."
14. Choice of Law and PersonnelJurisdiction.
A. This Agreement 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 Agreement shall be instituted and prosecuted in the courts of
Contra Costa County.
15. Confozxnance with Federal and State Regulations. Should federal or state regulations touching
upon the subject of this Agreement be adopted or revised during the term hereof,this Agreement
shall be amended to assure conformance with such federal or state requirements.
16. No Waiver by County. Inspections, approvals, or statements by any officer, agent, or employee
of County indicating Contractor's performance or any part thereof complies with the requirements
of this Agreement, or acceptance of the whole or any part of said performance, or payments
therefor, or any combination of these acts, shall not relieve Contractor's obligation to fulfill this
Agreement as prescribed; nor shall County be thereby stopped from bringing any action for
damages or enforcement arising from any failure to comply with any of the terms and conditions
hereof.
17. IndeRendent Contractor Status. This Agreement is by and between two independent contractors
and is not intended to and shall not be construed to create the relationship of agent, servant,
employee, partnership,joint venture,or association.
18. fionflicts of Interests. Contractor promises and attests that Contractor and any members of its
governing body and any subcontractors employed by Contractor shall avoid any actual or
potential conflicts of interest. Contractor agrees to furnish to County upon demand a valid copy
of its most recently adopted bylaws and also a complete and accurate list of its governing body
and to timely update said bylaws or the list of its governing body as changes in such governance
occur.
19. I*tondiscriminatQry Services. Contractor agrees that all facilities used under this Agreement shall
be available to all persons regardless of age, sex, race, religion, color, national origin, or ethnic
—2—
RBA Management Agreement,cont'd.
background,and Contractor shall not knowingly permit the use of the facilities in whole or in part
for religious worship or instruction. Contractor shall make the Rodeo Adult Softball Program
available on an equal basis and without discrimination of any kind to all the general public.
20. Indemnification. Contractor shall defend, indemnify, save, and hold harmless County and its
officers,agents, and employees from all liabilities and claims for damages for death, sickness, or
injury to persons or property, including without limitation all consequential damages, arising
directly or indirectly from, or in any way connected with, the operations or the services of
Contractor hereunder, resulting from the conduct, negligent or otherwise, of Contractor, its
agents, subcontractors, or employees, County, its officers, agents, or employees, or any other
person or entity, save and except for injuries or damage arising from the sole negligence of
County. Contractor shall reimburse County for any expenditures,including reasonable attorney's
fees,County may make for reason of the matters that are the subject of this indemnification and,
if requested by County, shall defend any claims or litigation to which this indemnification
provision applies at the sole cost and expense of Contractor. Contractor hereby agrees that, in all
agreements it enters into for development,maintenance,and operation of the facilities used under
this Agreement,County and its officers, agents,and employees shall be indemnified and insured
to the same extent as Contractor and, in any policy or policies of insurance, shall be named
additional insured with both payment of damages and costs of defense specifically provided for in
said policy or policies. -
21. Insurance. During the entire term of this Agreement and any extension or modification thereof,
Contractor shall at its own expense keep in effect insurance policies meeting the following
insurance requirements:
A. Liability Insurance. Contractor shall provide a policy or policies of commercial general
liability insurance, including broad form contractual coverage and coverage for owned
and nein-owned vehicles, naming the County and its officers, agents, and employees as
additional insureds, with such coverages and limits as may reasonably be requested by
County from time to time, but in no event for less than minimum combined single limit
coverage of$1,000,000 for all damages because of bodily injury, sickness,or disease or
death to any person and damage to or destruction of property, including the loss of use
thereof, arising from each accident or occurrence. Contractor shall provide United States
Specialty Sports Association liability insurance in the amount of$2,000,000.
B. Workers' Compensation. Contractor shall provide a policy of workers' compensation
insurance as necessary in compliance with California law.
C. Additional Provisions. The policies shall include a provision for thirty(30)days written
notice to County before cancellation or material change of the above-specified coverage.
Said policies shall constitute primary insurance as to County and its officer, agents and
employees, so that other insurance policies held by County shall not be required to
contribute to any lass covered under Contractor's insurance policy or policies. Not later
than the effective date of this Agreement, Contractor shall provide County with
certificates of insurance evidencing the above insurance and requiring 30-day written
notice of policy lapse or cancellation or material change in coverage.
D. Contractor shall ensure that all teams are registered with USSA at all tunes. failure to
register teams with USSSA within 14 days after receipt of each team's roster is cause for
immediate termination of this Agreement.
E. Contractor shall ensure that all participants/players sign and print their names on
their team's roster and that the following Amateur Athletic Waiver and Release of
LiabilLty language is incorporated into all team roisters;
—3—
RBA Management Agreement,cont'd.
Amateur Athletic Waiver and&elease of Liability
In consideration of being allowed to participate in any way in the Rodeo
Baseball Association's AND the United States Specialty Sports, Association
athletic/sports program, related events and activities, the undersigned
acknowledges,appreciates and agrees that:
1. The risk of injury from the activities involved in the program is significant,
including the potential for permanent paralysis and death, and while particular
rules,equipment and personal discipline may reduce this risk,the risk of injury
does exist;and,
2. 1 KNOWINGLY ANIS FREELY ASSUME ALL SUCH RISKS, both
known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF
THE RELEASEES or others, and assume full responsibility for any
participation;and,
3.. 1 will agree to comply with the stated and customary terms and conditions
for participation.If however I observe any unusual significant hated during my
presence or participation,I will remove myself from participation and bring such
to the attention of the nearest official immediately;and,
4. I for myself and on behalf of my heirs, assigns, personal representatives
and next of kin, HEREBY RELEASE AND HOLD HARMLESS CONTRA
COSTA COUNTY, COUNTY SERVICE AREA R-10, JOHN SWETT
UNIFIED SCHOOL DISTRICT,UNITED STATES SPECIALTY SOFTBALL
ASSOCIATION, their officers, officials, agents and/or employees, other
participants, sponsoring agencies, sponsor, advertisers, and, if applicable,
owners and lessors of premises used to conduct the event C'RELEASEES"} ,
WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, or
loss or damage to person or property, WHETHER ARISING FROM THE
NEGLIGENCE OF THE RELEASEES OR OTHERWISE.
S. I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION
OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS,
UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY
IGNINti.! IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT
ANY INDUCEMENT.
22. Notices. All notices and reports provided for by this Agreement shall be in writing and shall be
delivered by deposit in the United States trail,first class postage prepaid. Notices to County shall
be addressed to the Public Warks Director, Public Works Department,';255 Glacier Drive,
Martinez,CA 94553. Notices to Contractor shall be addressed to
The effective dateof notice shall be the date of deposit in the mail.
23. Non-renewal. Contractor understands and agrees that there is no representation, implication, or
understanding that the services provided by Contractor under this Agreement will be needed by
County under a new contract following expiration or termination of this Agreement and waives
all rights or claims to notice or hearing respecting any failure to continue to need of all or any
such services from Contractor.
24. Waste,Quiet_Conduct. Contractor shall not commit, or suffer to be committed, any waste upon
the facilities or any nuisance or other act or thing which may disturb the quiet enjoyment of the
use of the surrounding property.
25. Use of the Premises. The facilities shall be used during the term of this Agreement for the
exclusive and public purpose of operating the Rodeo Adult Softball Program and shall be
operated, equipped, and staffed by Contractor in accordance with good community relations
—4—
RBA Management Agreement,cont'd.
practices and may include administration,management,and supervision functions but only to the
extent necessary to provide the community service.
26. SRhEc proctor and Assig= . Contractor shall not assign this Agreement or any interest therein
and shad not enter into subcontracts. The terms and conditions of this Agreement shall extend to,
be binding upon and inure to the benefit of the successors, representatives, and assigns of the
respective parties hereto.
27. Sig�rkatures. These signatures attest the parties'Agreement hereto:
County of Contra Costa Contractor
By: ' By:
ai d Supervisors (President or Vi resident)
By: z t '
E
Secretary o . easurer)
Recommended for Approval:
J.Michael Walford
Public Works Director ,
By:
Form Approved:Victor J.W,etman
County Counsel /
By: 1 --------
Dept 3/1 r III�Ifflx Appropriate Acknowledgement Form)
RBA Management Agreement,confd.
PAYMENT PROUSIONS
1. in exchange for operation of the Rodeo Adult Softball Program annually from March through
November/December,the Contractor shall be granted use of the following facilities at Lefty Gomez Ballfield
Complex without charge:
a. SNACK BAR ROOM in the Lefty Gomez Recreation Building,which is to be used exclusively for
operation of the Rodeo Adult Softball Program and Contractor's youth baseball program.
b.BALLFIELD LIGHTING SYSTEM,which is to be used exclusively for the Roden Adult Softball
Program league and tournament play as well as for Contractor's youth baseball program.
c.RESTROOM FACILITY,which is to be used exclusively for Rodeo Adult Softball Program league and
tournament play as well as for Contractor's youth baseball program.
d.BALLFIELDS AT LEFTY GOMEZ BALLFIELD COMPLEX,the use of which is to be limited as
follows:
1.In accordance with the terms and conditions of the Lease between Contra Costa County and
John Swett Unified School District(DISTRICT)of on or about January 31,;1995,as provided
under Section C.I A,"the DISTRICT shall have the first priority on the use of the ballfields and
tennis courts only for its planned uses on school days until 6:00 pm.,September 1 through June
15."
2.A minimum of two(2)days per week from 6:00 p.m.to 10:00 p.m.,Contractor will use the
front ballfield at Lefty Gomez Ballfield Complex for the Rodeo Adult Softball Program.
3.Five(5)days per week from 6:00 p.m.to 10:00 p.m.Contractor will use both ballfields at Lefty
Gomez Ballfield Complex for its youth baseball program.
4.The balifield lights shall be turned off at 10:00 p.m.exactly,with no exceptions allowed.
2. In exchange for operation of the Rodeo Adult Softball Program,Contractor shall not be charged for any water,
electricity,or gas use.
3. Contractor shall submit to County the net proceeds from the operation of each Rodeo Adult Softball league or
tournament within 30 days after the conclusion of each activity(i.e.spring,summer,fall league or
tournaments). Payments must be made via check,money order,or cashier's check and made payable to CSA
R-10.Proceeds may be mailed or hand delivered to:Contra Costa County,Public Works Department,255
Glacier Drive,Martinez,CA 94553.
4. Contractor shall prepare and provide monthly budget reports to County detailing all revenue and expenditures
for the Rodeo Adult Softball Program no less than 30 days after the conclusion of each activity(i.e.,spring,
summer,fall leagues or tournaments)to the Citizens'Advisory Committee for County".service Area R-10 and
to the Centra Costa County Public Works Department.
5. Contractor shall maintain a separate bank account to be used solely for the revenues and expenditures of the
Rodeo Adult Softball Program.
6. On or before January 10 of each year,Contractor shall provide to County a proposed operational budget for
consideration in the annual budget process for the upcoming fiscal year.County's consideration of the budget
shall not in any way obligate County to continue or renew this Agreement.
7. Audit Exceptions. Contractor agrees to accept responsibility for receiving,replying to,and/or complying with
any audit exceptions by appropriate County,state,or federal audit agencies occurring as a result of its
performance of this Agreement. Contractor also agrees to pay to County within 30 days of demand by
County the full amount of the County's liability,if any,to the state and/or federal governmentresulting from
any audit exceptions,to the extent such are attributable to Contractor's failure to perform properly any of its
obligations under this Agreement.
RBA Management Agreement,cont'd.
8. Annual Audit.Contractor shall deliver to County an annual report of its activities hereunder,including an
annual report that conforms to generally accepted auditing standards prepared by a certified public accountant
or public accountant showing in detail the gross annual receipts and disbursements hereunder.
9. All other uses of the Lefty Gomez 13allfield Complex facilities by Contractor shall be rented and scheduled
through the Contra Costa County Public Works Department or its assignee.
SERVICE PLS
1. Prior to the commencement of each Rodeo Adult Softball Program season and no later than January 10 of
each year, Contractor shall provide to the Citizens' Advisory Committee for County Service Area R-10
and the Contra Costa County Public Works Department a draft proposal detailing the number and type of
leagues to be offered and the fees to be charged for the entire coming year.No advertising or promotion
shall be conducted until both the Citizens' Advisory Committee and the Public 'forks Department have
approved Contractor's proposal. Should Contractor need to make changes to this proposal throughout the
season, those proposed changes shall be brought to the Citizens' Advisory Committee and the Public
Works Department a minimum of 30 days prior to Contractor's recommendation for commencement of any
changes in the provision of the services..
2. Around both ballfteld areas,Contractor shall empty all garbage cans and remove all litter and debris from
the premises once per week.The Contra Costa County Public Works Department will provide garbage can
liners for Contractor's use..
4. Contractor shall develop,publicize and schedule adult softball leagues and tournaments.
5. Contractor shall develop and distribute promotional literature and press releases to advertise the adult
softball leagues(s)and tournament(s)it schedules.
6. Contractor shall ensure that the snack bar room of the Lefty Gomez Recreation Center is in good working
order and shall notify the Contra Costa County Public Works Department of any operational difficulties,
7. Contractor shall develop and enforce program policies and rules as prescribed by the United States
Specialty Sports Association (USS A), the Citizens' Advisory Committee and the Contra Costa County
Public Works Department.
8. Contractor shall use only qualified USSSA umpires or umpiring services for all league and tournament
play.
9. Contractor shall provide infield preparation for the ballfield at Lefty Gomez 13alifield Complex for the
Rodeo Adult Softball Program. Contractor shall ensure that the infields are free of hazards and that the
equipment(i.e. bases, pitcher's mound,home plate)are installed and maintained in a safe condition at all
times.
10. Contractor shall report all accidents,incidents,and/or injuries that occur on the premises on the appropriate
Contra Costa County forms and submit the forms to the Contra Costa County Public Works Department
within 24 hours of the occurrence.
11. Contractor shall immediately notify the Contra Costa County Public Works Department of any unsafe or
dangerous conditions or equipment on the premises.
12. Contractor shall provide proof of and maintain its status as a 501(c)(3)non-profit organization throughout
the duration of this Agreement.
y RBA Management Agreement,cont'd.
13. Contractor shall post the standings of all Rodeo Adult Softball Program league activity weekly at the Lefty
Gomez Ballfield Complex in a prominent location that is readily visible to the Rodeo Adult Softball
Program participants.
14. Should Contractor desire to make any improvements, renovations, additions, and/or installations to any of
the facilities or grounds at the Lefty Gomez Ballfield Complex, Contractor must gain prior formal written
approval from both the Citizens' Advisory Committee and the Contra Costa County Public Works
Department. Such changes must then be reviewed and approved by the appropriate County department in
writing prior to implementation. Contractor must obtain all necessary permits at its sole expense. Failure
to obtain prior written approval from any and all of the parties named above may result in immediate
removal of said improvement,renovation,addition,and/or installation by either Contra Costa County or by
Contractor,at Contractor's sole expense. Failure to comply with any of the above requirements may result
in immediate termination of this Agreement
15. Contractor shall ensure that all teams are registered with USSSA at all times. Failure to register teams with
USSSA within 14 days after receipt of each team's roster is cause for immediate termination of this
Agreement.
G:\GrpDaWspnist\CONTR CTNRBA-Agmt#1.dae
July 1b,1998
TCI. BOARD OF SUPERVISORS
FROM: J. MICHAEL WALFORD,PUBLIC WORKS DIRECTOR
DATE: DECEMBER 1, 1998
SUBJECT: APPROVE AMENDMENT TO CONTRACT WITH ES ENVIRONMENTAL SERVICES,
INC. FOR ONGOING MAINTENANCE OF TREATMENT OF THE WASTEWATER IN
SANITATION DISTRICT 6, STONEHURST,MARTINEZ AREA
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
L Recommended Action:
APPROVE and AUTHORIZE the Public Works Director to execute an amendment to the Short Form Service
Contract with ES Environmental Services,Inc.for the period of July 1, 1997 through June 30, 1999 for the
ongoing repair and maintenance of the wastewater treatment system in Sanitation District 6,Stonehurst in the
Martinez area.
11. FinancialIm arc#:
There will not be any impact on the County General Fund. Sanitation District 6, Stonehurst pays 100%of the
costs associated with the ongoing repairs and maintenance for the sanitation district.
III. Reasons for Recommendations and Background:
Due to the heavy rains of the past two winters, more repair work has been required than was originally
anticipated. These circumstances have caused the contractor to exceed the payment limit of the original
agreement.
1V. Consequences of Negative Action:
Without Board approval,the ongoing maintenance and repair in this sanitation district will not occur which could
jeopardize the safety and welfare of those users in the Martinez area who are a part of this wastewater treatment
district.
L 1161 ,
Continued on Attachment.X SIGNATURE.
4 - J/Ll
RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON7,',4.t-i} r q j' APPROVED AS RECOMMENDED AMM
VOTE OF SUPERVISORS
X UNANIMOUS(ABSENT j?tZt1.�_ ) I hereby certify that this is a true and correct
AYES: NOES copy of an action taken and entered on the
ABSENT: ABSTAIN: minutes of the Board of Supervisors on the
date shown.
ATTESTED: a6!ne2 • .---
SE:PE:cs PHIL BATCHEI-011, Clerk of tiro 6.uard
0:1GMData1SpDix"osrdOtders\Uemnbw\A.m«idES2.doc
of Supervisors and County Administrator
Orig.Div: Public Works(Special Districts)
Contact. Skip EPperiy(313.2253) I�y Deputy
cc: Public Works Accounting 7
Contra Crista County Number
Stannard-Foram 5195 SHORT FORM SERVICE CONTRACT FundfOrg # 73+65
AMENDMENT/EXTENSION AGREEMENT Account# 2310
Other# 6X E30
9. Identification of CRnl ~act to be emended.
Number: 04525700
Effective Date: July 1, '1997
Department: Public Works Department
Subject: Wastewater Treatment
2. Parties. The County of Centra Costa, California (County), for its Department named above, and
the following named Contractor mutually agree and promise as follows:
Contractor: ES Environmental Services, Inc.
Capacity: Contactor Taxpayer ID#95-328902
Address: 2109 Webster Street#725,
Oakland, CA 94612
3. Amendment Date. The effective date of this Contract Amendment/Extension Agreement is
June 1, 1988.
4. Amendment Specgificadons. The Contract identified above is hereby amended as set forth in the
Amendment Specifications attached hereto which are incorporated herein by reference.
5. Extensa In of Term. The term of the above described Contract between the parties hereto is
hereby extended from to , unless sooner
terminated as provided in said contract.
s. Payment.Umlt Increase. The payment limit of the above described Contract between the parties
hereto is hereby increased by $ $1,911.1§ , from $ $23.134.00 to a new total Contract Payment
Limit of$ $2k 0§5.15 for Fiscal Year 1997-1998.
7. Signa res. These signatures attest the parties' agreement hereto:
COUNTY„OF CONTRA COSTA, CALUFF,QRNIA CONMCLQR
ABy
Approved: County Administrator ( .
(Designate business capacity)
By
Designee
Recommended by Department
By_ 41ZIVI I e� [Form approved by County Counsel]
Designee
NOW togun agt�r:For ocrponftns{profit or nonprofit),ft convoci must be signed by two officers. Signature A must to that of the p eoldent or vice president and signature B must be
ew oft"x0cwnry or aaststant seax ury(cm code Sectio 1190 and Corporations Code Section 313). All signatures must to acknowtedped as set forth on page two.
G:tai-4MW% i$tiCONTRRCT'ES2amend.doe
e.
T BOARD OF SUPERVISORS AS THE BOARD OF DIRECTORS, BLACKHAWK GRAD
FROM: J. MICHAEL WALFORD,PUBLIC WORKS DIRECTOR
DATE: DECEMBER 1, 1998
SUBJECT: RATIFY THE DECISION OF THE GENERAL MANAGER, BLACKHAWK CHAD,TO
EXECUTE A CONTRACT AMENDMENT WITH DOVER CONSTRUCTION,LIVERMORE,
CALIFORNIA, RELATED TO PREVENTATIVE MAINTENANCEPROGRAM,
BLACKHAWK.GHAD, DANVILLE AREA. (WO#5147)
SPF,CIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
L Recommended Action:
RATIFY the decision of William R. Gray and Company, as General Manager of the'Blackhawk Geologic Hazard
Abatement District(GRAD),to AMEND an existing contract with Dover Construction,Livermore,California and
increase the contract payment limit to$70,000.00.
II Financial Impact:
No impact on the County General Fund.The Blackhawk GRAD is funded through revenues generated by County
Service Area M-23. The proposed contract is consistent with the adopted FY 98199-program budget.
III. Reasons for Recommendation and Background:
The GRAD's Preventative Maintenance Program is designed to prevent future landslides and includes funding for
the GRAD to respond to and evaluate reports of landslides and/or potential landslides. The approved FY 98199
Budget includes$209,000.00 for the GRAD's Pr ventative Maintenance Program.
Continued on Attachment--&-- SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
ACTION OF BOARD ON a � -j�l 904PPROVED AS RECOMMENDED>'
VOTE OF SUPERVISORS
UNANIMOUS{ABSENT n e )
AYES: NOES:
ABSENT: ABSTAIN:
- I hereby certify that this is a true and correct
copy of an action talon and entered on the
sE:�a
minutes of the Board, of Supervisors on the
G:tgrpdatalspdisMoardOrdera\HlackhawkGHAD\DoverContract.doc date shown.
Orig.Div: Public Works(Special Districts) ATTESTED:
Contact: Skip Epperly(313.2253) PHIL BATCHELOR, Ucrk of the Board
cr. County Administrator
County Counsel of Supervisors and County Administrator
Wm,R.Gray Co.Inc. 10' : qJ ty
Dover Construction,Inc, By 1( _ _ ! : i Deputy
$OBJECT. RATIFY THE DECISION OF THE GENERAL MANAGER, BLACKHAWK GRAD, TO
AMEND CONTRACT WITH DOVER CONSTRUCTION,LIVERMORE, CALIFORNIA,
RELATED TO ONGOING MAINTENANCE ACTIVITES,BLACKHAWK CHAD,
DANVILLE AREA. (WO#5147)
DATE: DECEMBER 1, 1998
PAGE: -2-
Beard Resolutions 86/370 and 98/329 establish Procedures for Awarding Contracts for Blackhawk GHAD Repair,
Maintenance and Improvement Pro'ects and for Professional and Su ort Services. Under these procedures,the
General Manager is authorized to accomplish,by negotiation,improvement contracts with a value of$25,004 or less,
provided such contracts are within the District's budgetary limits. On September 9, 1998, the General Manager
executed a$25,000 negotiated contract with Dover Construction,Livermore,California for services related to the
GHAD's annual Preventative Maintenance Program. Dover Construction was retained to assist with the GHAD's
B-58 Ditch Cleaning and Winterizing Program. Surface drainage off'open space and other areas within Blackhawk
is collected and discharged through a complex of concrete lined ditches(`B-58 ditches").
Under the direction of the General Manager,Dover Construction completed an inventory of existing B-58 ditches
within Blackhawk and was able to clean and repair a number damaged ditches. The inventory identified a number
of damaged sections of B-58 ditch that will need to be replaced.
In addition to providing funds to clean,repair and/or replace damaged B-58 ditches within the Blackhawk GRAD,
the Preventative Maintenance Program provides funding for the GHAD's annual Debris Clean-un and Minor R air
Program. Dover Construction has assisted the GHAD in previous years in responding to homeowner reports of
landslides and/or potential landslides. Sufficient funds are included in the approved budget to cover the GHAD's
initial response and to complete minor repairs(typically less than$5,000 per incident).
The General Manager has negotiated an amendment to Dover Construction's current',contract that would increase
the contract payment limit to$70,000. The amendment provides for the repair and/or replacement of those sections
of B-58 ditches identified during the recent inventory,as well as make Dover Construction available to assist GHAD
staff in responding to homeowner reports of landslides and/or potential landslides during the upcoming rainy season.
Board Resolution 98/329 allows the General Manager to award contracts "where the project is necessary, in the
reasonable judgement of the General Manager,to prevent or mitigate an emergency. ,Emergency contracts with a
value in excess of$50,000.00 shall be ratified by the District Board of Directors." Since the proposed amendment
to Dover Construction's contract would increase it's total value to$70,000.00,this amendment is being presented
to the Board of Directors for approval.
Resolution 98/381 defines "emergency"to include"...situations highly likely to cause'...damage or personal injury
unless cleanup or mitigation measures are taken immediately." In the judgement of the General Manager,the GRAD
must have a contractor available to respond on an emergency basis.
Consequences of Ney-rctive Action:
The GHAD's Preventative Maintenance Program would not be implemented.
AMENDMENT TO CONTRACT
This Contract amendment is effective October 31, 1998, between the Blackhawk
Geologic Hazard Abatement District (Public Agency), an agency formed under Section
26500 of the Public Resource Code and Dover Construction(Contractor), a company
doing business at 1174 Killarney Street,Livermore, CA 94550.
WHEREAS, Public Agency and Contractor previously entered into a contract dated
September 9, 1998, which Contract was authorized by the General Manager;
THEREFORE, Public Agency and Contractor mutually agree to amend said contract to
increase the contract payment limit from$25,000.00 to$70,000.00 as follows:
1. Contract Limit:
Annual CIeaning of B-58 Ditch System $25,000(existing contract)
Emergency Response $20,000
B-58 Repair and Replacement $20,000
Replenish Maintenance Yard Inventory $ 5,000
Total Contract 970,000
Appendix A is amended as attached.
2. Professional Liability Insurance is not required.
3. In all other respects,the contract dated September 9, 1998 shall remain in full force
and effect.
In WITNESS WHEREOF, Public Agency and Contractor have executed this Contract as of
date vritten or the first paragraph of this Contract.
PUBLIC AGENCY
1�y __
William R. Vinay and Compa
General Manager
CONTRACTOR
By:
(Signature)
Printed name and title of signatory
(Page 1 of 3)
Backhawk Geologic Hazard Abatement District (GHAD)
Dover Construction
Maintenance Services Contract
Appendix "A" Scope of Work
Under this contract, Dover Construction, (CONTRACTOR), agrees to provide
maintenance services to the Geologic hazard Abatement District(GHAD) on an "on call"
basis. This Agreement covers work commencing from September 9, 1998. Work shalt be
authorized on a task by task basis. No work is authorized unless and until separate and
individual task orders are issued and approved by the General Manager. Said tasks are
subject to the payment limited in Section 1 of this Agreement.
Under the direction of the General Manager or his designee, CONTRACTOR agrees to
provide labor and materials to perform the following:
I Annual Cleaning of B-58 Ditches(Co Concretelined V shaped ditche)
Contractor shall assist the GHAD in implementing the GHAD's Annual B-58 Ditch
Cleaning and Winterization Program. Services include, but are not limited to the
following
+ Physically inspect the B-58 ditch system within the CHAD boundaries.
a Identify deficiencies such as substantial cracks (>.25 in.) that are a;potential risk to
adjacent properties or compromise the integrity of the B-58 ditch system, flat or
ponding areas, and any other deficiencies affecting the performance of the system and
map said deficiencies.
♦ Trim vegetation adjacent to open space B-58's that threaten, potertiaily threaten, block
of impede the designed flow and operation of the drainage system. Dispose of debris
off-site.
s Clear any substantial soil debris (>1.0 in.) from open space B-58`s. ', soil debris may
be distributed adjacent to the concrete ditch (downslope) and leveled so that proper
surface drainage is maintained and no other downslope property is negatively affected.
♦ Gear all drain inlets associated with the B-58 drainage system.
♦ Map all significant features in the concrete ditch system.
s Report progress to District personnel for site inspections.
t Respond to requests to inspect andd clear site specific locations regarding debris
accumulation throughout the term of contract.
II. Emergency ReMonse
Contractor shall provide On Cali and Standby labor and materials to assist Public Agency
in performing emergency response functions such as incident response, debris removal,
(Page 2 of 3)
erosion and siltation control measures and control of surface water runoff to prevent,
control or mitigate landslides, and site safety protection. For On Call Emergency
Response services, Contractor agrees to call back the Public Agency within two hours and
report to the site within 24-48 hours throughout the contract duration except for pre-
arranged times that the contractor will not be available. Standby Emergency status can
only be activated by the General Manager or his designee. Under Standby Emergency
status, Contractor agrees to an immediate call back and report to the site within 4 hours.
III. RoIcnish Maintenance Yard Inventory
Replenish Public Agency's maintenance yard inventory with slope stabilization and
erosion control materials on an as needed basis. Such materials include but are not limited
to silt fencing, erosion control mats, plastic sheeting, hay bales, sandbags, and rock and
gravel.
IV. B-58 Ditches__ Repair and Replacement
Based on the deficiencies identified in Task I, Contractor shall repair and/or replace B-58
ditch, sub surface and surface drainage at various locations as directed by the General
Manager or his designee, including 5251 Blackhawk:Drive and the GRAD Maintenance
Yard.
FADATA\GHAD files\H2sckhawk\ContractsljL\4ENDMENT TO Dover ContracLdoc
(Page 3 of 3)
10--20--1998 10:54AM FROM P. 4
DOUR CONSTRUCTION
1174 K[llarneg Street
Livermore, Calif. 94559
Office Phone 1519) 373-4813
Date: October 19, 1+998
Rddend'um to
Fee I*r ,Rate Schedule
July 14, 1998 to June 390 1999
FOR: Sla ckh'aWk h.H.R.O.
c/o William R. Grafi, General Manager, SHRD
1829 Bonanza Street, Suite 284
Walnut Creek, Calif. 94568
CONSTRUCTION ROTES
Laborers: Stage 1 0 $ 3i2.8$/hr.
Stage 2 $35.59/hr.
Group 4 0 $39.98/hr.
(trimming, mowing 0 landscape maintenance)
Group 2 0 x48.88/hr.
(concrete hand 'ars, dumpers, laborers, V concrete
reinforcing steel work)
Groups 1 0 $49.88/hr.
(spilled labor--jackhammer, concrete saw, pipe
lagers, concrete vibrators, chainsaw, etc.)
10--2@-199Ei 10:55AM FROM P. 5
Dump ,Truck [bluer 0 S55.99/hr.
Cement Mason 0 $57.811lhr.
Operating Engineer 0 $69.89/hr.
AES with Operator * $136.99/hr.
(includes fuel)
Foremen:All gobs 0 $69.88Ihr.
Contractor:1111 ,Fobs 0 $79.88/hr.
Gas Cutoff Saw Ail .fobs 0 $118.8'8/#lay
Water Meter fill gobs 0 S38.88Cdag
Generator All ,dolls 81 $40.90/day
Rll at-her equipment rentals 0 materials at cost 0 29
TO: BOARD OF SUPERVISORS, as the Board of Directors of the Contra Costa
County Fire Protection District
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE: DECEMBER 1, 1998
SUBJECT: WHYTE PARK SURPLUS PROPERTY, GRANT DEED TO RECORD LOT
LINE ADJUSTMENT—WALNUT CREEK AREA
Project No.: 7126-6X5140
SPECIFIC ( I O&BACKGROUND AND JUSTIFICATION
i. Recommended Action:
A. AUTHORIZE Board Chair to execute a Grant Deed on behalf of the Contra
Costa County Fire Protection District.
B. ACCEPT the Grant Deed on behalf of the Contra Costa County Fire
Protection District.
C. DIRECT the Real Property Division to have the above'.-referenced Grant
Deed recorded in the office of the County Recorder.
li. Financial impact: None
Continued on Attachment: X SIGNATURE:
RECOMM1113XTOR UP 550RI?70511119137=011
RECOMMENDATION OF BOARD COMMITTEE
'—APPROVE OTHER
SIGNATURE(S):
ACTION OF-11=111515R X3
VOTE OF SUPERVISORS
X UNANIMOUS(ABSENT
AYES: NOES: i hereby certify that this is a true and correct
copy of an action taken and entered on the
ABSENT: ABSTAIN: minutes of the Board of Supervisors on the
PS:gpp date shown.
G:\GrpData\ReaiProp\98-12\BOcl2-1.doc ATTESTED:
Orig.Div: Public Works(RIP) PHIL BATCHELOR, C:ierk of the Board
Contact: Patricia A.Smyers(313-2222) of Supervisors and Co my Administrator
cc: County Administrator
Recorder(via WP) By a-A== ;.Deputy
II1. Reasons for Recommendations and Background:
The Contra Costa County Fire Protection District is preparing ;to sell the farmer
Saranap Fire Station, located on Whyte Park Avenue, at public auction. Prior to
the sale, the Community Development Department is requiring the district to
process a lot line adjustment to remove two interior lot lines to establish one legal
parcel. The above-referenced Grant Deed is necessary to record the new legal
description.
IV. Consequences of Negative Action:
Approval for the lot line adjustment is conditioned upon the recordation of the
Grant Deed prior to the sale of the surplus property.