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HomeMy WebLinkAboutMINUTES - 12141999 - C92-C96 TO: BOARD OF SUPERVISORS Costa Contra 01. Ai FROM: John Cullen Director ` ' County Employment and Human3i s Department Sra covK'� DATE: December 1, 1999 SUBJECT: 1) ACCEPT FACT Committee funding recommendations for RFI #104; and 2) APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to contract with Asian Community Mental Health Services (#21-577) in the amount of$15,000 and Jewish Family and Children's Services of the East Bay (#21-578) in the amount of$25,000 for child abuse/neglect prevention and family support services for newly immigrated and/or limited-English speaking families and children for the period from January 1, 2000 through June 30, 2000. SPECIFIC REQUEST(S)OR RECOMMENDATION(S)S BACKGROUND AND JUSTIFICATION RECOMMENDED ACTION: 1) ACCEPT FACT Committee funding recommendations for RFI #104; and 2) APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to contract with Asian Community Mental Health Services in the amount of$15,000 and Jewish Family and Children's Services of the East Bay in the amount of$25,000 for child abuse/neglect prevention and family support services for newly immigrated and/or limited-English speaking families and children for the period from January 1, 2000 through June 30, 2000. FINANCIAL IMPACT: No County cost. Funding is 100% from CAPIT funds (AB 1733), Community-Based Family Resource funds, Birth Certificate funds (AB 2994) and donations to the Family and Children's Trust Fund. CHILDREN'S IMPACT STATEMENT: These contracts support four Contra Costa County community outcomes: "Children Ready for and Succeeding in School"; "Children and Youth Healthy and Preparing for Productive Adulthood"; "Families that are Safe, Stable and Nurturing"; and "Communities that are Safe and Provide a High Quality of Life for Children and Families"through the provision of culturally sensitive family counseling, parenting education, resource and referral and translation services in the native language of limited-English speaking families. BACKGROUND: The Board authorized the issuance of a Request for Interest(RFI # 104) in September 1999 to provide child abuse/neglect prevention and family support services for newly immigrated families, many of which have difficulty resolving family conflicts peaceably and accessing community-based services due to language/cultural barriers. The FACT committee reviewed and rated each response to RFI #104 and recommends awarding contracts to Asian Community Mental Health Services and Jewish Family and Children's Services, which will address the requested service strategies and priorities and serve different areas of the County. Initial six-month contracts will be monitored and evaluated by FACT committee members, with the possibility of an additional year of support to depend on contract performance and availability of fund . CONTINUED ON ATTACHMENT: 1�- SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE _APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON be r �� i%� % APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS `� I HEREBY CERTIFY THAT THIS IS A TRUE 1�.. UNANIMOUS(ABSENT ) } 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 PHIL BATCHELOR,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR Contact: DANNA FABELLA,3-1583 cc: EHSD CONTRACTS UNIT(CP) COUNTY ADMINISTRATOR BY �' -- ,DEPUTY AUDITOR-CONTROLLER CONTRACTOR TO: BOARD OF SUPERVISORS C,q FROM: Warren E. Rupf,Sheriff-Coroner Contra Costa DATE: November 30, 1999 County SUBJECT: Contract between Office of the Sheriff and Jerry Cauthen SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: APPROVE and AUTHORIZE the Sheriff-Coroner, or his designee, to execute a contract not to exceed $57,392.00, on behalf of the County with Jerry Cauthen to provide physical evidence examination services for the period December 1, 1999 through November 30, 2000. FISCAL IMPACT: NONE. Funds to provide services are included in the FY1 999-2000 budget. Services are provided on a fee-for-service basis; revenue will offset the cost of this contract. BACKGROUND: The Forensic Services Division of the Office of the Sheriff provides forensic examination services to law enforcement agencies in the County on a fee for service basis. Existing staff do not have the capacity to handle the current caseload volume in a timely manner. It is cost effective to contract with skilled forensic professionals to augment staff capacity to meet client needs, to add new examination services or to train new employees. CONSEQUENCES OF NEGATIVE ACTION: Failure to provide forensic services in a timely manner can jeopardize law enforcement efforts. CONTINUED ON ATTACHMENT: NO SIGNATURE: 71�4w 11 "1 RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMUNDATION OF BOARD COMMITTEE APPROVE OTHER 'oe SIGNATURE(S): ACTION OF BOARD ON b-eC-fk--1 19(1 APPROVED AS RECOMMENDED. X OTHER VOTE OF SUPERVISORS 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. Contact Person:Kathy Martin,5-1529 CC:CAO,Justice Administration ATTESTED Auditor/Controller Sheriff(for distribution) PHIL BATCHELOR,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR BY "_7�- e.0 ,DEPUTY Clq4 TO: BOARD OF SUPERVISORS FROM: PHIL BATCHELOR County Administrator DATE: December 14, 1999 SUBJECT: CONTRACT AMENDMENTS TO SAFEFUTURES PROJECT STAFF Specific Request(s) or Recommendations(s) & Background & Justification RECOMMENDATION: APPROVE and AUTHORIZE the County Administrator, or designee, to execute contract amendments with Warrick Liang and Gwendolyn Weiland extending the contract period from November 30, 1999, to February 29, 2000, and increasing the payment limits by $14,874 and $11,088 to new payment limits of $39,209 and $41,281, respectively, pending receipt of fourth year SafeFutures funding, as recommended by the County Administrator. FISCAL IMPACT: The extension and increase in payment limits are needed in order to insure that the administration and evaluation of the SafeFutures program continues without interruption pending approval of fourth-year funding by the U. S. Department of Justice. The fourth-year application has been submitted and reviewed by the Department of Justice and we have received verbal assurances that written approval of funding is forthcoming. However, it should be noted that should such funding not materialize, the County would be obligated to pay for the expenditures of the above-cited staff for the months of December through February. BACKGROUND: SafeFutures is a five-year grant with requirements for reapplication each year. The third-year authorization ended on September 30, 1999. According to officials of the U. S. Department of Justice, the fourth-year authorization will be dated October 1, 1999. The funds for the fourth year are appropriated in the Federal budget. The delay in authorizing renewed funding for the fourth year is caused by delays at the Federal level in processing our proposal for the fourth year; there were similar delays in each of the prior transition periods. When the Federal authorization for year four is received, the County will be able to recoup any outlays incurred in the interim. CONTINUED ON ATTACHMENT: X )X`' Signature: Recommendation of County Administrator Recommendation of Board Committee Approve Other Si natures : Action of Board on: 'Dee C,-�-. 6�r (�,( C1 pproved as Recommended X Other Vote of Supervisors: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN Unanimous(Absent-'(�_ -_ AND ENTERED ON THE MINUTES OF THE Ayes:_ Noes:_ BOARD OF SUPERVISORS ON DATE SHOWN. Absent:_Abstain:_ Attested: (Jk_c•e k-rl 6 0 V_ 9 / cc: CAO-Justice Phil Batchelor, Clerk of the Board of SafeFutures—Mark Morris of Supervisors and County Administrator By: , DEPUTY Contact: George Roemer 335-1055 TO: BOARD OF SUPERVISORS Contra FROM: DENNIS M. BARRY, A1CP "` -`� Costa f County COMMUNITY DEVELOPMENT DIRECTOR �~ mar couK DATE: December 14, 1999 SUBJECT: CONTRACT AUTHORIZATION FOR SPONAMORE ASSOCIATES TO PREPARE EIR FOR THE CAMINO TASSAJARA COMBINED GENERAL PLAN AMENDMENT STUDY (GP#980004: BRADDOCK & LOGAN INTERVENING PROPERTIES AND GP#990002/990003: ALAMO CREEK) SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS AUTHORIZE the Community Development Director or his designee to execute a contract with Sponamore Associates in an amount not to exceed $275,000.00 to prepare an Environmental Impact Report for the Camino Tassajara Combined General Plan Amendment Study (GP#980004: Braddock & Logan Intervening Properties and GP#990002/990003: Alamo Creek), FISCAL IMPACT None. The costs for preparation of the Environmental Impact Report will be covered through fees paid by the applicants. CONTINUED ON ATTACHMENT: X YES SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE (S): ACTION OF BOARD ON bece-»-► PY,t9'11 9 APPROVED AS RECOMMENDED _ < OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND '� UNANIMOUS(ABSENT CORRECT COPY OF AN ACTION TAKEN AND AYES: NOES: ENTERED ON THE MINUTES OF THE BOARD OF ABSENT: ABSTAIN: SUPERVISORS ON THE DATE SHOWN Contact: Patrick Roche,CDD-AP(335-1242) ATTESTED I qJ (ol t PHIL BATCHELOR, CLERK OF THE BOARD OF cc: Community Development Department(CDD) SUPERVISORS AND COUNTY ADMININISTRATOR CAO County Counsel Sponamore Assoc. BY�� � �- — , DEPUTY December 14, 1999 Board of Supervisors Contract Authorization for Sponamore Associates re: EIR Consultant Page 2 BACKGROUND/REASONS FOR RECOMMENDATION Earlier this year, the Board of Supervisors authorized a combined General Plan Amendment Study for two proposed residential subdivisions covering approximately 750 acres along the south side of Camino Tassajara (GP#980004: Braddock & Logan Intervening Properties and GP#990002/990003: Alamo Creek ) in an unincorporated area of Contra Costa County east of the Town of Danville and south of the community of Blackhawk (East Gate Drive). The Community Development Department, on September 27, 1999, issued a Request For Proposal (RFP) to ten qualified consultant firms seeking proposals to prepare the Environmental Impact Report (EIR) for the Camino Tassajara Combined General Plan Amendment Study. Four of the ten firms receiving the RFP submitted proposals. Based on a review of the proposals submitted and follow-up interviews with two finalist firms, the Community Development Department has selected the firm of Sponamore Associates to serve as the EIR consultant. Sponamore Associates submitted the most competitive proposal and assembled an experienced team. The Community Development Department is seeking authorization to enter into a contract with Sponamore Associates for an amount not to exceed $275,000.00 to prepare the EIR for the Camino Tassajara Combined General Plan Amendment Study. The costs for preparing the EIR will be covered through fees paid by the three applicants seeking approvals through the combined General Plan Amendment Study. PR\h:proch\boardorder\sponamorebo TO: BOARD OF SUPERVISORS CIO DoIT Contra Steven A. Steinbrecher, FROM: Costa December 2, 1999 � � "Tyg County DATE: Consulting Services with CSI Telecommunications SUBJECT: SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. RECOMMENDED ACTION: Approve and authorize the Chief Information Officer or his designee to execute an agreement with CSI Telecommunications for the period of November 1, 1999 to June 30, 2000 in the amount of$50,000. II. FINANCIAL IMPACT: None. Funding is already approved. III. REASON FOR RECOMMENDATION AND BACKGROUND: The County's Telecommunications division is being merged with the Department of Information Technology to form an organization that can better serve the automation and telecommunication needs of the county. The Department of Information Technology does not have adequate staff to address all the technical issues anticipated to occur during this transition. CSI is very familiar with the County's telecommunications infrastructure through other contracts, and can provide the needed assistance to insure this transition is accomplished efficiently. CONTINUED ON ATTACHMENT; -YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR -RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURES ACTION OF BOARD ON /!2 2 APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS(ASSENT ► 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. bCC: ATTESTED ZeP71-Vit- PHIL BATCHELOR,CLERK OF THE BOARD OF Information Technology - All Copies SUPERVISORS AND COUNTY ADMINISTRATOR M382 (i0/88) BY�2' M DEPUTY Contra,Costa County Number: Standard Form 1/87 - STANDARD CONTRACT Fund: 1695 (Purchase of Services) Account: 2310 1. Contract Identification: Department: CAO/Department of Information Technology Subject: Consulting Services 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: CSI Telecommunications Capacity: Corporation, partnership or Taxpayer ID:94-1438035 Address: P.O. Box 29002 San Francisco,Ca. 94129-0002 3. Term: The effective date of this Contract is November 1, 1999 and it terminates June 30,2000 unless sooner terminated as provided herein. 4. Payment Limit. County's total payments to Contractor under this Contract shall not exceed$50,000. 5. County's Obligations. County shall make to the Contractor those payments described in the Payment Provisions attached hereto which are incorporated herein by reference,subject to all the terms and conditions contained or incorporated herein. 6. Contractor's Obligations. Contractor shall provide those services and carry out that work described in the Service Plan attached hereto which is incorporated herein by reference,subject to all the terms and conditions contained or incorporated herein. 7. General and Special Conditions. This Contract is subject to the General Conditions and Special Conditions (if any) attached hereto, which are incorporated herein by reference. See Service Plan 8. Project. This Contract implements in whole or in part the following described Project, the application and approval documents of which are incorporated herein by reference: See Service Plan 9. Legal Authority. This Contract is entered into under and subject to the following legal authorities: California Government Code Section 25502.5 and 31000. 10. Signatures. These signatures attest the parties'agreement hereto: COUNTY OF CONTRA COSTA,CALIFORNIA CONTRACTOR BOARD OF SUPERVISORS By: By: Chairman/Designee (Designate official business capacity A.) Attest: Phil Batchelor, Clerk of the Board of Supervisors and County Administrator By: By: Deputy (Designate official business capacity B.) Note to Contractor: For corporations(profit or nonprofit),the Contract must be signed by two officers. Signatures A must be that of the president or vice-president and Signature B must be that of the secretary or assistant secretary (Civil Code Sec. 1190 and Corporations Code Sec. 313). All signatures must be acknowledged as set forth on page two. Contra Costa County Standard Form(Rev. 1/95) APPROVALWACKNOWLEDGM ENT Number APPROVALS RECOMMENDED BY DEPARTMENT FORM APPROVED COUNTY COUNSEL By: By: APPROVED: COUNTY ADMINISTRATOR By: Designee ------------------------------------------------------------------------------------------ ------------------------------------------------------------------------------------------ ACKNOWLEDGMENT STATE OF CALIFORNIA ) )ss. COUNTY OF CONTRA COSTA ) On ,before me, (insert name and title of the officer),personally appeared personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. WITNESS MY HAND AND OFFICIAL SEAL. (Seal) ACKNOWLEDGMENT(by Corporation,Partnership,or Individual) (Civil Code§1189) Contra,Costa County Standard Form 6/90 Number PAYMENT PROVISIONS (Fee Basis Contracts) 1. Payment Amounts. Subject to the Payment Limit of this Contract and subject to the following Payment Provisions,County will pay Contractor the following fee as full compensation for all services,work,expenses or costs provided or incurred by Contractor. (Check one alternative only.) ❑ a. $ monthly,or Q b. $ per unit,as defined in the Service Plan,or ❑ c. $ after completion of all obligations and conditions herein. 2. Payment Demands. Contractor shall submit written demands. Said demands shall be made on County Demand Form D-15 and in the manner and form prescribed by County. Contractor shall submit said demands for payment no later than 30 days from the end of the month in which the Contract services upon which such demand is based were actually rendered. Upon approval of said payment demands by the head of the County Department for which this Contract is made, or his designee, County will make payments as specified in paragraph 1. (Payment Amounts)above. 3. Penalty for Late Submission. When Contractor fails to submit to County a timely demand for payment as specified in Paragraph 2. (Payment Demands)above, and as a result of Contractor's late submission the County is unable to obtain reimbursement from the State of California or otherwise; to the extent the County's recovery of funding is prejudiced, County shall not pay Contractor for such services, even though such services were fully provided. 4. Right to Withhold. County has the right to withhold payment to the Contractor when, in the opinion of the County expressed in writing to the Contractor, (a) the Contractor's performance, in whole or in part, either has not been carried out or is insufficiently documented, (b) the Contractor has neglected, failed or refused to furnish information or to cooperate with any inspection, review or audit of its program, work or records,or(c)Contractor has failed to sufficiently itemize or document its demand(s)for payment. 5. 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 Contract. Contractor also agrees to pay to the County within 30 days of demand by County the full amount of the County's obligation, if any, to the State and/or Federal government resulting from any audit exceptions,to the extent such are attributable to the Contractor's failure to perform properly any of its obligations under this Contract. Initials: Contractor County Dept. Contra-Costa County Standard Form 1/87 Number GENERAL CONDITIONS (Purchase of Services) 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. Inspection. 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 Contractor,Subcontractor. 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 or to the Comptroller General, or any of their duly authorized representative, 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 dully 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 representative of Contractor. 4. Reporting 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. a.Written Notice. This Contract may be terminated by either party, at their sole discretion, upon thirty-day advance written notice thereof to the other,and may be canceled immediately by written mutual consent. b.Failure to Perform 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. c.Cessation of Funding. Notwithstanding Paragraph 5.a. above, in the event that Federal, State, or other non County funding for this Contract ceases,this Contract is terminated without notice. 6. Entire Agreement. 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. Contra-Costa County Standard Form 1/87 Number GENERAL CONDITIONS (Purchase of Services) 7. Further Specifications for Operating Procedures. 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. Modifications and Amendments. a.General Amendments. 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 of Federal approval. b.Administrative Amendments. Subject to the Payment Limit, the Payment Provisions and 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. Disputes. 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. 10. 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. 11. Conformance with Federal and State Regulations and Laws. 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 requirements. 12. No Waiver by County. Subject to Paragraph 9. (Disputes)of these General Condition, 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. 13. Subcontract and Assignment. 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. 14. Independent Contractor Status. 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. 15. Conflicts of interest. 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. CY-` (E' Contra-Costa County Standard Form 1/87 Number GENERAL CONDITIONS (Purchase of Services) 16. Confidentiality. 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, nay 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 low may be guilty of a misdemeanor. 17. Nondiscriminatory 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. 18. Indemnification. The Contractor shall defend, indemnity,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 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. 19. Insurance. During the entire term of this Contract and any extension or modification thereof, the Contractor shall keep in effect insurance policies meeting the following insurance requirements unless otherwise expressed in the Special Conditions: a. Liability Insurance. The Contractor shall provide comprehensive liability insurance, including coverage for owned and non-owned automobiles, with a minimum combined 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 program(s) shall not be required to contribute to any loss covered under the Contractor's insurance policy or policies. b. Workers Compensation. The Contractor shall provide workers'compensation insurance coverage for its employees. c. Certificate of Insurance. 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. Additional Insurance Provisions. 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. Contra Costa County Standard Form 1/87 Number GENERAL CONDITIONS (Purchase of Services) 20, Notices. 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 shall 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. 21. Primacy of General Conditions. 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. 22. Nonrenewal. Contractor understands and agrees that there is no representation, implication, or understanding that the services provided by Contractor under this Contract will be purchased by County under a new Contract following expiration or 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. 23. Possessory Interest. 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 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. 24. No Third-Party Beneficiaries. 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. 25. 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, non-exclusive, and irrevocable license to reproduce, publish, and use such materials, in whole or in part, and to authorize others to do so. 26. 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 reasonable by 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. 27. Required 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$100,000 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,form,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 cost,and County may withhold 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. Service Plan Task Description Provide engineering,analysis,design,consulting and related services for county telecommunications systems and facilities. Tasks and Responsibilities Provide professional consulting, systems design, traditional and custom engineering, system deployment and support services, document management,business process and system analysis,organizational analysis,and tactical and strategic planning services. Deliverables Load Studies Engineering Studies Trouble-Shooting Training Custom Documentation Equipment Installation On-site Testing Protective Device Coordination Seismic and Harmonic Analysis Documentation of In-Service Equipment and Systems Code and Safety Reviews Strategic and Tactical Plans and/or Reviews Formal Presentations and Documents Reliability and Failure Analysis System Specifications, Design and Design Reviews Completion Criteria Project completion criteria to be defined on a case by case basis. Contra Costa County Responsibilities Provide consultants with necessary access to required resources,documentation,facilities and staff as needed to complete assigned tasks. Schedule of Fees: Engineer/Field Engineer: $140 per hour Senior Engineer: $150 per hour Principal Engineer: $160 per hour Engineering Manager: $175 per hour Engineering Support: $ 75 per hour Solicitation of Employee. The County agrees that it will not hire nor directly or indirectly contract with Ciber consultants during the term of this Agreement and for six months following this agreement. Ciber agrees to not hire Client employees during the same time period.