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HomeMy WebLinkAboutMINUTES - 10061998 - C55-C59 TO. BOARD OF SUPERVISORS � L.✓QnLra ,FRohn Cullen, DirectorCosta Social Service Department County DATS'"eptember 23, 1998 gin SUBJECT. APPROVE and AUTHORIZE Director of Social Service, or designee, to accept agrant awarded from the Governor's Special Projects fund to meet transportation needs of CalWORKs participants. .SPECIFIC REOUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECUIVIIVW,NDED ACTION: APPROVE AND AUTHORIZE the Director of Social Service, or designee, to accept $784,031 from the Governor's Special Projects fund for the Department's proposal to support job development in transportation services and trip planning for CalWORKs participants, unmet transportation needs related to child care for children of CalWORKs participants, and mobility system planning. The grant period is from October 1, 1998 through September 30, 2000. FISCAL: No County match. Funds in the amount of$784,031 for program services are awarded from the Governor's 15% Special Projects fund. BACKGROUND: The Contra Costa Transportation Alliance, a collaboration of County departments, community organizations, and transportation providers, developed the proposal, one of twenty-four funded state- wide, to support CalWORKs participants seeking self-sufficiency by serving specific unmet transportation needs. Funds will support participants engaged in welfare-to-work activities sponsored by CalWORKs, EASTBAY Works and Richmond's WorkFirstl programs. CHMDREN'S IMPACT STATEMENT: The award will support Outcome #1, "Children heady for and Succeeding in School", by meeting needs to transport children between home, school, and child care. It will support Outcome #3, "Families that are Economically Self-Sufficient" by developing jobs and by adding services that facilitate job commutes. CONTINUED ON ATTACHMENT: W SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF SOARD ON -APPROVED APPROVED AS RECOMMENDED *T44Q1m VOTE OF SUPERVISORS 1 HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS{ABSENT } AND CORRECT COPY OF AN ACTION TAKEN AYES:-- - ----- - ---- NOES: .-_ -- - AND ENTERED ON THE MINUTES OF THE BOARD ASSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. ATTESTED Contact: Robert Hofmann, 313-1593 PHIL BATCHELOR.CLERK OF THE BOARD OF Cc: SOCIAL SERVICE (CONTRACTS UNILT) SUPERVISORS AND COUNTY ADMINISTRATOR COUN°.I'Y ADMINISTRATOR AUDITOR-COmimum CONTRACTOR is ,DEPUTY TO: BOARD OF SUPERVISORS FROM: J. MICHAEL WALFORD, DIRECTOR PUBLIC WORKS DEPARTMENT DATE: OCTOBER 6, 1998 SUBJECT: AMENDMENT TO FORMER SOUTHERN PACIFIC RIGHT OF WAY LICENSE AGREEMENT SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION 1. Recommended Action. APPROVE amendment to License Agreement with GST Telecom Inc. and AUTHORIZE the County Administrator to execute said amendment on behalf of the County, the Redevelopment Agency and the Contra Costa County Flood Control and Water Conservation District. 11. Financial Impact: None. III. Reasons for Recommendations and Background: On February 21, 1996 the County, Redevelopment Agency and the Flood Control and Water Conservation District entered into a License Agreement which enabled GST Telecom Inc. to construct and maintain a fiberoptic telecommunications conduit system within the former Southern Pacific Right of Way. At that time, GST entered into a License Agreement with Alameda County to continue the system through the Alameda County portion of the property. The counties and GST agreed to a joint marketing and revenue sharing plan for vacant conduit installed on the property. The License Amendment allows GST to be the sole marketer of the vacant conduit, and to compensate the County for this right. Alameda County is expected to execute a similar license amendment. IV. Consequenges-of Negative Action: Conduit is likely to remain vacant resulting in an under-use of an important communications resource. 4) A Continued on Attachment:. SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE /.APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON 40drbX 4;,/ ykAPPROVED AS RECOMMENDED R____ VOTE OF SUPERVISORS UNANIMOUS (ABSENT - ) AYES: NOES: ABSENT: ABSTAIN: ED:Iz dotenlsopaclic.BO I hereby certify that this is a true and correct copy of Doten an action taken and entered tui the minutes of the Contact: Eileen Orifi.Dept: Public oten Board of Supervisors on the date shown. (646-1809) ATTESTED: cc: County Administrator PHIL BATCHELOR,CIB of the hoard Director,Redevelopment Agency Director,Flood Control&Water Cons.Dist. of Supervisors and county Administrator Public Works Accounting Deputy FIRST AMENDMENT TO LICENSE FOR THE CONSTRUCTION AND (:OPERATION OF TELECOMMUNICATIONS SYSTEMS ON SPECIFIED CONTRA COSTA COUNTY PROPERTIES 1. EFFECTIVE DATE AND PAR'T'IES Effective October 6, 1998, this Amendment is entered into by and between CONTRA COSTA COUNTY, a political subdivision of the State of California, CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, a political subdivision of the State of California, and REDEVELOPMENT AGENCY OF CONTRA COSTA COUNTY, a redevelopment agency formed under the laws of the State of California, hereinafter jointly and severally referred to as"Licensor," and GST TELECOM, INC., a Delaware corporation, hereinafter referred to as"Licensee." 2. PURPOSE Effective February 21, 1996, the parties entered into a written license agreement entitled "License for the Construction and Operation of Telecommunications Systems on Specified Contra Costa County Properties" (referred to as the"License"), which provided for the construction by Licensee of a fiber optic communications system on certain real property owned by Licensor. The License has not been amended previously. Pursuant to Section 12.8 of the License, the parties now desire to amend the License to provide for the exclusive ownership and use of additional Cable by Licensee, the payment of additional License Fees by Licensee, and the extension of the License Period. 3. AMENDMENTS TO LICENSE The License is amended as follows: A. Section 1.1 is amended to read: "Cable- One or more telecommunications cables containing optical fibers, which are installed in the Conduit System pursuant to the terms of this License." B. Section 1.2 is deleted. C. Section 1.3 is amended to read: "Conduit System -A system, consisting of eight(8)one-inch inside diameter high density polyethylene(HDPE) conduits or its equivalent, and necessary appurtenances(e.g., handholes, splice boxes and precast concrete manholes), Page 1 of 6 which is constructed and maintained in the License Area for the installation of Cable." D. Section 1.10 is amended to read: "Licensee's Cable-Cable to be installed, maintained and operated in all eight of the conduits in the Conduit System, the ownership and use of which Cable is reserved exclusively for Licensee or its customers, except as provided otherwise in Section 5.I.SS E. Section 1.12 is deleted. F. The first sentence of Section 2.6 is amended to read: "Licensor's right to use the License Area shall commence on the 21'day of February, 1996, and such right to use the License Area shall terminate on the 6' day of October, 2018, at 12:01 a.m., hereinafter called the"Initial License Period." G. The third sentence of Section 3.1 is amended to read: "Licensee may provide installation of Cable and necessary accessories and components to other occupants or users of the Conduit System." H. The first sentence of Section 3.2 is amended to read: "The Conduit System shall be entirely underground and shall consist of eight(8) one-inch diameter high density polyethylene(HDPE)conduits, or the equivalent, handholes, splice boxes and precast concrete manholes." I. The fourth sentence of Section 4.1 is deleted. J. Section 5.1 is amended to read: "License Fees -Licensee shall snake the following Lump Sum License Fee payments to Licensor on or before the dates indicated: $625,000.00(October 6, 1998); $625,000.00 (October 6, 1399); and $625,000.00(April 6, 2000). In addition, on February 21, 1996 and on February 21 of each year thereafter throughout the Initial License Period, Licensee shall pay to Licensor an Annual License Fee in an amount calculated by multiplying the number of lineal feet available in the entire License Area for installation of Licensee's Cable times the amount of one dollar and seventy-five cents($1.75). The Annual License Fee shall be subject to periodic adjustment as provided in Section 5.3. K. The first and second sentences of Section 5.3 are amended to read: Page 2 of 6 "On February 21 of 2001, 2006, 2011, and 2016, the Annual License Fee shah be adjusted based upon the United States Department of Labor Bureau of Labor Statistics Consumer Price Index of Urban Wage Earners and Clerical Workers (CPI-U), base year December 1995. If this License is renewed, a similar CPI adjustment shall also be made on February 21 of 2021, 2026, 2031, and 2036." L. Section 5.4 is deleted. M. The second sentence in Section 5.6 is amended to read: "Except for the Lump Sum License Fee payments and the Annexal License Fee payments described in Section 5.1, which are due on the dates indicated, payment shall be due within thirty(30)days of a party's receipt of an invoice for the amount owed." N. The first sentence of Section 6.3 is amended to read. "Licensee shall have and retain an Indefeasible Right of Use("IRU") of the Conduit System." O. The third and fourth sentences of Section 6.4 are deleted. P. Section 6.7 is deleted. Q. Section 6.8 is deleted. R. Section 6.9 is deleted. S. Section 6.10 is deleted. T. Section 7.2 is amended to read: "Project Management-Licensor hereby names Eileen Doten as its project manager. Licensee hereby names Greg Warta as its project manager. If the parties' project managers disagree regarding the interpretation of this License or the amount of any fees or costs owed by one party to another, and reach impasse, then the resulting conflict shall escalate to the following persons: "For the Licensor Name J. Michael Watford Title Director of Public Warks Address 255 Glacier Drive Martinez, CA 94553 Phone (925) 313-2000 Page 3 of 6 "For the Licensee Name Kevin Wright Title Senior Vice President and Chief Technical Officer GST Telecom, Inc. Address 4317 NE Thurston Way Vancouver, WA 98662 Phone (360) 254-4700" U. The third sentence of Section 7.3 is amended to read: "No entity may possess Licensee's rights and obligations under this License without the prier written consent of Licensor, which shall not be unreasonably withheld." V. The information for the Licensee and Licensor in Section 12.9 is amended to read: "To Licensee- To Licensor- GST Telecom, Inc. Contra Costa County Kevin Wright, Senior Vice President Public Works Department and Chief Technical Officer J. Michael Walford, Director 4317 NE Thurston Way 255 Glacier Drive Vancouver, WA 98662 Martinez, CA 94553 (360) 254-4700 (925) 313-2000 "The Licensor acknowledges the Licensee's request to send a courtesy copy of any notice to: Greg Warta., Vice President GST Telecom, Inc. 4001 Main Street Vancouver, WA 98663 (360) 356-7111 and Geri Roper, Manager, Contracts&Dockets GST Telecom, Inc. 4001 Main Street Vancouver, WA 98663 (360) 356-7149" Page 4 of 6 4. REMAINING PROVISIONS Except for the changes made by this Amendment, all provisions of the License shall remain in full force and effect. 5. SIGNATURES These signatures attest the parties'agreement hereto: CONTRA COSTA COUNTY GST TELECOM, INC. By: By: Phil Batchelor, County Administrator Title: CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT By: Title: By: Phil Batchelor, County Administrator REDEVELOPMENT AGENCY OF CONTRA COSTA COUNTY By: Phil Batchelor, County Administrator RECOMMENDED FOR APPROVAL: J. Michael Walford, Director Public Works Department By: Page 5 of 6 APPROVED AS TO FORM: Victor J. Westman, County Counsel By: David F. Schmidt, Deputy County Counsel ate: For corporations,the contract must be signed by two officers. The first signature must be that of the chairman of the board,president or vice-president,the second signature must be that of the secretary,assistant secretary,chief financial officer or assistant treasurer. (Civ.Code,Sec. 1190 and Corps.Code,Sec.313.) The acknowledgment below must be signed by a Notary Public. CERTIFICATE OF ACKNOWLEDGMENT State of ) ss. County of ) On the date written below, before me, the undersigned Notary Public, personally appeared the person(s) signing above for GST Telecom, Inc., personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s) islare subscribed to the within instrument and acknowledged to me that he/she/they executed.the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Dated: September_, 1998 NOTARY PUBLIC Notary's signature [Notary's Seal] Notary's name(typed or printed) Page 6 of 6 TO: BOARD OF SUPERVISORS Centra rRox: Sheriff Warren E. Rupf x t Sta County DATE2 September 28, 1998 SU3aZCTa Authorize Sheriff to execute a contract for investigative Services with the city of Pinole. �Y�YYY III ��tl A•I IiriYIYYIYiY�YY��P1Y�Yl I�1�YY�.II SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION Authorize the Sheriff to execute a contract for Investigative Services between the City of Pinole and Contra Costa. County for a period of (90) ninety days from October 5,1998 to January 5, 1999. FINANCIAL IMPACT There is no detrimental impact on the County in executing this contract. All costs in- curred under the terms of this contract will be paid by the City of Pinole. (No County General Funds) . REASONS FOR RECOMMENDATION/BACKGROUND Due to a shortage of staff at the Pinole Police Department, investigative cases have begun to backlog creating an urgency to increase investigative staff. Pinole has re-- quested the services of one contracted investigator from the Office of the Sheriff for a period of ninety days. This contract is specifically encouraged by Government Code sections 55631-55634, the Joint Exercise of Powers Act. CONSEQUENCES OF NEGATIVE ACTION Failure to approve the contract will leave the City of Pinole unable to handle all the investigative cases in a timely manner. This will hinder the delivery of law enforcement services to the citizens of Pinole. �f f i CONTINUED ON ATTACHMENT: XEI SIGNATURE' uI Warren Rupf by: Sergeant B. Lindblom RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON }'��J /'�++, ' I✓ tr ?.� APPROVED AS RECOMMENDED 1 VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE X . UNANIMOUS{ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON THE MINUTES OF THE BOARD AYES: NOES: OF SUPERVISORS ,O-Nj THE DATE SHOWN ABSENT: ABSTAIN: ATTESTED CC: CAO- Justice Systems Programs PHIL BATCHELOR,CLERIC OF THE BOARD OF Sheriff/Sgt. L,indbdom SUPERVISORS AND COUNTY ADMINISTRATOR Auditor-Controller M382 (10t88) BY-41EPUTY _.._.. . _._._.. _ _.............. _.. ... .._... ....._ . ......... .......... ............................. .. BOARD OF SUPERVISORS FROM: William Walker, M.D. , Health Services Director i By: Ginger Marieiro, Contracts Administrator 'r Contra DATE: September 28, 1998 Costa CouCTty SUBJECT: Approval of Agreement with the U.S. Department of Veterans Affairs SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDED ACTION: Approve and authorize the Health Services Director, or his', designee (Frank Puglisi, Jr. ) , to execute on behalf of the County, Agreement #26--345--1 with the U.S. Department of Veterans Affairs Northern California Health Care System (VANCHCS) for the period from October 1, 1998 through September 30, 1999, for provision of specialized Neurology services . FINANCIAL IMPACT: This Contract is funded in the Health Services Department ' s Enterprise I Budget . Under the terms of the agreement VANCHCS will be paid a fee for service in accordance with the attached fee schedule which is incorporated in the Contract . The services provided for the County' s patients under this Contract are billable to patients and third party payors . REASONS FOR RECOMMENDATIONS/BACKGROUND: On September 1, 1998, the Board of Supervisors approved Agreement' #26-345 with the VANCHCS to provide neurology services to County' s patients referred for treatment by Contra Costa Regional Medical Center (CCRMC) . The VANCHCS and the Department are requesting approval of Agreement #26345-1 which will allow the VANCHCS to provide additional services, including 24-hour ambulatory EEG monitoring, and outpatient Multiple Sleep Latency Studies' for patients referred by CCRMC. The Contract documents have always been prepared by the Veterans Administration. f CONTINUED O ATTACHMENT: Y S XXX SIGNATURE-'- RECOMMENDATION IG ATUR RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SG ACTION OF BOARD ON October 6 , 1998 APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS X UNANIMOUS (ABSENT-` } I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. ATTESTED October 6,', 1998 PHIL BATCHELOR,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR Contact Person: Frank Puglisi, Jr. {3711-5100} CC: Health Services(Contracts) Risk Management . Auditor Controller BY ,_, ' ,_/ DEPUTY Contractor Neurology Services Page 2 FEESCHEDULE A. October 1, 1998 through September 30, 1999 Item# CPT Description Est. Cost per Estimated Cade Qty. procedure total cost 1. 95950 24-Hour Ambulatory EEC Monitoring 60 188.04 $11,280 2. 95805 Multiple SleepLatency Studies 5 358.00 $1,790 3. 95950 No-Show for 24-Hour AMEEG N/A 94.04 4. 35805 No-Show for MSLT N/A 179.00 Estimated Total $13,070 Estimated Quantities: The quantities(number of procedures)identified above is an estimate only based on the projected number of procedures to be performed during the contract period. The estimate will not be construed to imply that CCR MC guarantees any specific number of procedures. CCRMC will be obligated to make payment only for those procedures actually performed by VANCHCS. Revised 08/24/98 TO: BOARD OF SUPERVISORS FROM: William Walker, M.D. , Health Services Director By: Ginger Marieiro, Contracts AdministratorContra DATE, September 22, 1998 Costa Approval of Contract Amendment Agreement #23-239-20 County SUBJECT: with Eastridge Infotech SPECIFIC REQUESTS)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATIONS: Approve and authorize the Health Services Director to execute on behalf of the County, Contract Amendment Agreement #23-239-2 with Eastridge Infotech, effective September 21, 1998,. to increase the Contract payment limit by $173 , 000, from $99, 000 to a new total of $272 , 000 . FISCAL IMPACT: Funding for this Contract is included in the Department ' s Enterprise I budget . BACKGROUND/REASON-CS) FOR RECOMMENDATION(S) : In April 1998, the County Administrator approved and the Purchasing Services Manager executed Contract #23-239 (as amended by Contract Amendment Agreement #23-239-1) with Eastridge Infotech, for the period from April 6, 1998 through April 30, 1999, to provide temporary computer technicians for the Department ' s Information Systems Unit . Approval of Contract Amendment Agreement #23-239-2 will allow the Contractor to continue to provide services through April 30, 1999 . CONIINUED ON ATTACHMENT: ......SIC AUR - RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE - APPROVE OTHER �1GNATUMS): ACTION OFBOARD ON October 6 , 1998 APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS X UNANIMOUS (ABSENT I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT:------ ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. ATTESTED October 6 , 1998 PHIL BATCHELOR,CLERK OF THE BOARD OF Contact Person: William Walker, M.D. (370-5010) SUPERVISORS AND COUNTY ADMINISTRATOR CC: Health Services(Contracts) Risk Management Auditor Controller ByDEPUTY Contractor