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HomeMy WebLinkAboutMINUTES - 02252003 - C21-C25 TO: BOARD OF SUPERVISORS FROM: Jahn sweeten, County Contra DATE: February 25, 2003 v< Costa SUBJECT: Approval of Contract with Gordon, Defraga, Watraus & Pezzaglia for GNAD 4 .,, CounjLy SPECIFIC REQUESTS}OR RECommENSI-n 3N(S)s BACKGROUND AND JUSTIFICATION RECOMMENDATION: APPROVE and AUTHORIZE the Chair to execute on behalf of the Board of Supervisors (as the Board of Directors)for the Blackhawk, Canyon Lakes Geologic Hazard Abatement District and Wiedemann Ranch Geologic Hazard Abatement District (the "GHADS")a Contract with Gordon, DeFraga, Watrous & Pezzaglia, Inc. for expert legal services concerning soil stabilization matters in the involved GHADS for the period January 1, 2003 through December 31, 2003. FINANCIAL. IMPACT: This contract is funded by County geologic hazard abatement district funds. BACKGI~ROUND/REASONS FOR RECOMMENDATION: This contract allows for specialized expert legal services to address particular CHAD matters such as any claimed soil stabilization concerns and their appropriate resolution. CONTINUED ON ATTACHMENT: X YES SIGNATURE: �--RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION of BOARD COMMITTEE _._t-�'APPROVE OTHER SIGNATURES: ACTION OF BOA FEBRUARY 25, 2003 APPROVED AS RECOMMENDED XX OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON THE MINUTES OF THE BOARD XX UNANIMOUS {ABSENT } OF SUPERVISORS ON THE[TATE SHOWN. AYES: NOES: ASSENT: _ ABSTAIN: ATTESTED FEBRUARY 25, 2003 C:Wy DocurnentrABoard Order51B020031B0-GDW P-GHAD.rtt JOHN SWEETEN,CLERK OF THE BOARS}OF Contact: Ron Harvey(335-1443) SUPERVISORS AND COUNTY ADMINISTRATOR Cc: Risk Management Auditor-Controller BY DEPUTY Gordon,DeFraga,W atrous&Pezzaglia Inc. :> County Counsel PUBLIC AGENCY CONTRACT Number Fund/Org# Account# Other# 1. Contract Idgntif cation. Department: County Administrator-Risk Management Subject: Legal Services 2. Parties.The Contra Costa County Board of Supervisors, acting as the GoverningBoard of Directors for the Blackhawk Geologic Hazard Abatement District, Canyon Lakes Geologic Hazard Abatement District and Wiedemann Ranch Geologic Hazard Abatement District("Public Agency),and the following named Contractor mutually agree and promise as follows. Contractor: Gordon,DeFraga,Watrous &Pezzaglia Capacity: Professional Corporation Address: 611 Las Juntas,P.O. Box 630,Martinez, CA 94553 3. Term. The effective date of this Contract is January 1,2003. It terminates on December 31, 2003 unless sooner terminated as provided herein. 4. Payment Limit. Public Agency's total payments to Contractor under this Contract shall not exceed Cktpp)icle�, 5. Public Ageagy's Oblgatlons. Public Agency 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. C0ALa-cto-is Qbllga#ans. 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 ConAltions. This Contract is subject to the General Conditions and Special Conditions(if any)attached hereto,which are incorporated herein by reference. 8. PrQi . This Contract implements in whole or in part the following described Project,the application and approval documents of which are incorporated herein by reference: L-1 (Page 1 of 2) PUBLIC AGENCY CONTRACT Number 9. Legal Auth2rJ11. This Contract is entered into under and subject to the following legal authorities: ove ent C d ion 26227 and 31 00 10. Signatures. These signatures attest the parties' agreement hereto: COUNTY OF CONTRA COSTA.CALIFORNIA BOARD OF SUPERVISORS ATTEST: Clerk of the Board of Supervisors By By Chairman/Designee Deputy CONTRACTOR Name of business entity: Gordon,DeFraga,Watrous Name of business entity: Gordon,DeFraga,Watrous &Pezzaglia &Pezzaglia By By (Signatur of individual or officer) (Si e of individual or officer) RICHARD S. BRUNO TIMOTHY J. RYAN, President Chief Pinancial officer (Print name and title A,if applicable) (Print name and title B, if applicable) Dote to Contractor: For Corporations(profit or nonprofit),the contract must be signed by two officers. Signature A must be that of the president or vice-president and Signature B must be that of the secretary or assistant secretary(Civil Code Section 1190 and Corporations Code Section 313). All signatures must be acknowledged as set forth on form L-2. L-1 (Page 2 of 2) APPROVALS/ACKNOWLEDGMENT Number APPROVALS RECOMMENDED BY DEPARTMENT FORM APPROVED COUNTY COUNSEL By: By: Designee Deputy APPROVED: COUNTY ADMINISTRATOR By: &t�� ,'""" DeAgnee ACKNOWLEDGMENT STATE OF CALIFORNIA. ) ss. COUNTY OF CONTRA COSTA ) Onjanuary 27 2003 ,before me, KAR' N K. BURROR' (insert name and title of the officer),personally appeared TIMOTHY J. RYAN and RICHARD a. BFUNO personally known to me(car 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 IVH'HAND AND OFFICIAL SEAL. KAREN K.SURROR COM.#1278527 � lvarra,r rwe�+e-c, oaNu► e(NM cx$rx OWM eu* Signature ACK.NOV&EDGMEW(by Corporation,Partnaahip,or Individual) (Civil Coda§1189) L-2 (Page 1 of 1) PAYMENT PROVISIONS Number 1. PU ent AmountsSMhipct to the Pa3ment Limit of this Contract and subject to the following Payment Provisions,Public Agency 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.] [ I a: $ monthly, or [ b. $ per unit, as defined in the Service Plan,or [ ] c. $ --after completion of all obligations and conditions herein. [X] d. As Movided in t be.Sprvice Plan aached h reto 2. Payment Demands.Contractor shall submit written demands for payment in the manner and form prescribed by Public Agency. Contractor shall submit said demands for payment no later than 3€1 days from the end ofthe month in which the contract services upon which such demand is based were actually rendered. Upon approval of payment demands by the respective Geologic Hazard Abatement District General Manager,orhis designee,Public Agency will make payments as specified in Paragraph 1. (Payment Amounts)above. 3. Pe altX for Late S -Ws on. IfPublic Agency is unable to obtain reimbursement from the State of California as a result ofContractor's failure to submit to Public Agency a timely demand for payment as specified in Paragraph 2.(Payment Demands)above,Public Agency shall not pay Contractor for such services to the extent Public Agency's recovery of funding is prejudiced by the delay even though such services were fully provided. 4. Right to W ithhold Public Agency has the right to withhold payment to Contractor when,in the opinion of Public Agency expressed in writing to Contractor,(a)Contractor's performance,in whole or in part,either has not been carried out or is insufficiently documented,(b)Contractor has neglected,failed or refiised to fu ish information or to cooperate with any inspection,review or audit ofits program,work or records,or(e)Contractor has failed to sufficiently itemize or document its demand(s) for payment. S. Andh Exco#gns. Contractor agrees to accept responsibility for receiving,replying to,and/or complying with any audit exceptions by appropriate county,state or federal audit agencies resulting from its performance ofthis Contract. Within 30 days of demand,Contractor shall pay Public Agency the foil amount of Public Agency's obligation,ifany,to the state and/or federal government resulting from any audit exceptions,to the extent such are attributable to Contractor's failure to perforin properly any of its obligations under this Contract. Initials: Form P-1 (Page 1 of 1) Con or County Dept. SERVICE-FLAN 1. Contractor shall perform legal services and legal representation on behalf of the Blackhawk,Canyon Lakes and Wiedemann Ranch Geologic Hazard Abatement Districts C Districts')on a case-by-case basis as requested by Public Agency through each respective District General Manager, or designee. 2. The Districts' General Manager may assign various requests for particular items of legal services(e.g.opinions, active litigation, etc.)to the Contractor after first obtaining the County Counsel Office's review and approval for each particular item of work. Contractor billings for legal services provided pursuant to this amendment shall be provided directly to the General Manager for review, approval and payment with copies thereof concurrently provided to the County Counsel's Office(attention: Beatrice Liu). Where an active litigation matter has been assigned, the County's Risk Management division may be involved to provide related administrative assistance. 3. Contractor shall in a timely manner provide the County Counsel's Office (attention Beatrice Liu)with copies of all correspondence(letters,opinions,pleadings, etc.) produced concerning assigned items of work. 4. Contractor shall assign such cases to members of its staff who are qualified and competent to provide professional legal services and legal representation. The Public Agency reserves the right to designate a particular staff member for a case requiring specialized knowledge and experience. No major decisions concerning the handling of the case,commitments for substantial expenditures concerning retention of expert witnesses, medical testimony and settlement offers are to be made without prior approval of the County Administrator or his designee and when appropriate or necessary,the Board of Supervisors. 5. At no expense to Contractor,Public Agency shall provide such reports, investigations, records,maps and other documents as are reasonably necessary for legal defense of a case. C. Contractor shall receive$150 per hour as compensation for all attorney services. Contractor shall be paid for its actual and reasonable out-of-pocket expenses necessary in defense of a case. Such expenses include but are not limited to filing fees, expert witness fees, court reporter fees, accident analysis, medicalexamination, mileage,and telephone calls. GENERAL CONDITIONS (Purchase of Services-Long Form) L CgMRMM with La v. Contractor shall be subject to and comply with all applicable federal, state and local laws and regulations 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. Contractor's 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. i Contractor shall keep and mare 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. R-et-MA100 of Remy-ds. 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 federaVstate audits are complete and exceptions resolved for this contract's funding period Upon request,Contractor shall make these records available to authorized representativesof the County,the State of California, and the United States Government. b. .Access to Books anti Records of Contractors 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 County, the .secretary'of Health and Human Services, or the Comptroller General, or any of their duly authorized representatives,this Contract and books, documents,and records of Contractor 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 shalll 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, the Secretary, the Comptroller General,or any of their duly authorized representatives, the subcontract and books, documents, and records of the subcontractor necessary to verify the nature and extent of all costs and charges thereunder. This special condition is in addition to any and all other terms regarding the maintenance or retention of records under this Contract and is binding on the heirs, successors, assigns and representatives of Contractor. 4. It►port,;�ngR,eaul mom. 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. JUUda&don Ud ,AM&W t M. L-5 (Page 1 of 6) a. V-n-*aLn This Contract may be tertrrinated by either party,in its sole discretion, upon thirty-day advance written notice thereof to the other, and may be cancelled immediately by written mutual consent. b. erg Perform. County,upon written notice to Contractor,may immediately terminate this Contract should Contractor fail to perform properly any of its obligations hereunder. In the event of such termination, County may proceed with the work in any reasonable manner it chooses. The cost;to County of completing Contractor's performance shall be deducted from any sum due Contractor under this Contract,without prejudice to County's rights to recover damages. c. Cpm%i on of Fu dine. Notwithstanding Paragraph 5.a. above, in the event that federal, state, or other non-County fianding for this Contract ceases,this Contract is terminated without notice. 6. Entire Agreernent This Contract contains all the teams and conditions agreed upon by the parties. Except as expressly provided herein,no other understanding, oral or otherwise,regarding the subject matter of this Contract shall be deemed to exist or to bind any of the parties hereto. 7. EUrthex SRgS&IJWns for OneMing Procedures. Detailed specifications of operating procedures and budgets required by this Contract, including but not liraited to,monitoring,evaluating, auditing,billing,or regulatory changes,may be developed and set forth in a written Informal Agreement between Contractor and County. 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. Informal Agreements may not enlarge in any manner the scope of this Contract, including any sutras of money to be paid 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 its designee. 8. M.�cations Md Amendments. a. Gene Ir Madmtents. This Contract 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, subject to any required state or federal approval. b. A jWstmtive Subject to the Payment Limit, the Payment Provisions and the Service Plan may be amended by a written administrative amendment executed by Contractor and the County Administrator (or designee), subject to any required state or federal approval, provided that such administrative amendment :may not materially change the Payment Provisions or the Service Pham. 9. DhWU . Disagreements between County and Contractor concerning the meaning, requirements, or performance of this Contract shall be subject to final written determination 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. Cliewe of Law AWE MW Turisdict Q& 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 Centra Costa County, State of Califbrnia. L-5 (Page 2 of 6) GENERAL CONDITIONS (Purchase of Services- Long Form) 11. Cumf2mum gM Bede-nd and Stak-H&MA0 :oM and L w Should federal or state regulations or laws touching upon the subject of this Contract be adopted or revised during the term hereof, this Contract shallbe deem amended to assure conformance with such federal or state requirements. 12. N9 Warr by CQMU. Subject to Paragraph 9. (Disputes) of these General Conditions, inspections'or approvals,or statements by any officer,agent or employee of County indicating Contractor's performance or any part thereof complies with the requirements of taxis Contract,or acceptance of the whole or any part of said performance, or payments dwefor,or any combination of these acts, shall not relieve 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. -Subcontiract and Ass =nt. This Contract binds the heirs, successors, assigns and representatives'of Contractor. Prior written consent of the County Administrator or his designee, subject to any required state or federal approval,is required before the Contractor may enter into subcontracts for any work contemplated under this Contract, or before the Contractor may assign this Contract or monies due or to become due,by operation of law or otherwise. 14. WMdent Coatractor,5ta ,c. 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. ContliSts 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 they know or have reason to know they have a financial interest under California Government Code Sections 87100,et seq.,or otherwise. 16. Coxafi #aality. 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 therm, 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 exatt&ation for any purpose not directly connected with the administration of such service. b. No person will publish or disclose or permit or cause to be published or disclosed, any list of persons receiving services,except as may be required in the administration of such service. Contractor agrees to inform all employees, agents and partners of the above provisions, and that any person knowingly and intentionally disclosing such information other than as authorized by law may be guilty of a misdemeanor. Trxitials: ', Contractor County Dept. L-5 (Page 3 of 6) GENERAL CONDITIONS (Purchase of Services- Long Form) 17. NondiscrimnAtyry 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, ethnic background, disability, or sexual orientation, and that none shall be used, in whole or in part, for religious worship or instruction. 18. Indemnifirntaon. Contractor shall defend, indemnify, save, and hold harmless 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 consequent al,dainages, from any cause whatsoever arising directly or indirectly from or connected with the operations or services of Contractor or its agents, servants, employees for subcontractors hereunder, save and except claims or litigation arising through the sole negligence or sole willful misconduct of County or its officers or employees. Contractor will reimburse County for any expenditures,including reasonable attomeys'fees,County may make by reason of the matters that are the subject of this indemnification,and., if requested by County,will defend any claims or litigation to which this indemnification provision applies at the sole cost and expense of Contractor. 19. Immm During the entire term of this Contract and any extension or modification thereof, Contractor shall keep in effect insurance policies meeting the following insurance requirements unless otherwise expressed in the Special Conditions: a. L hi_1iAv Insurance. Contractor shall provide comprehensive liability insurance,including coverage for owned and non-owned automobiles, with a mininaurn 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 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 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 Contractor's insurance policy or policies. b. ' gikM1- omnen, am titin. 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 dateof 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 lum l Provisions. The insurance policies provided by Contractor shall include a provision for thirty (30) days written notice to County before cancellation or material change of the above specified coverage. Initials: -��� C tractor County Dept. L-5 (Page 4 of 6) - GENERAL CONMIONS (Purchase of Services- Long Farm) 20. All notices provided for by this Contract shalt be in writing and may be delivered by deposit in the United States nail,postage prepaid. Notices to County shall be addressed to the head of the county department for which this Contract is made. Notices to 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 County shall be the date of receipt by the hemi of the county department for which this Contract is mate. 21. of f. IW C+nnditic . Except for Special Conditions which expressly sine General Conditions, the Special Conditions(if any) and Service Pian do not limit any term of the General Conditions. 22. _N_qumntvA 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 purchasing all or any such services from Contractor. 23. P, +rise n bk=. If this Contract results in Contractor having possession of,claim or right to the possession of land or improvements,but does not vest ownership of the land or improvements in the same person, or if this Contract results in the placement of taxable improvements on tax exempt land(Revenue&Taxation Code Section 107),such interest or improvements may represent a possessory interest subject to property talc, 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 1.017.6, and waives all rights to further notice',or to damages under that or any comparable statute. 24. No!_bird-Party Bend cries. 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 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. Conydghts and�HIghU in Data. Contractor shalt not publish or transfer any materials produced or resulting from activities supportedby this agreement without the express written consent of the County Administrator. If any material is subject to copyright,County reserves the right to cow, and Contractor agrees not to copyright, such material. If the material is copyrighted, County reserves a royalty-free, nonexclusive, and irrevocable license to reproduce,publish,and use such materials,in whole or in part, and to authorize others to do so. 26. Endorsemermts. 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 natne or commercial product,even if Contractor is not publicly endorsing,a product, as long as the Contractor's presence in the advertisement can.reasonably be interpreted as endorsement of the product by or on tractor County Dept. L-5 (Page 5 of 6) GENERAL CONDITIONS (Purchase of Services- Long Farm) 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. Renuftyd 1u (A)If Contractor is funded by$300,000 or more in federal grant fids 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. (B) If Contractor is funded by less than$300,000 in federal grant finds in any fiscal year from any source,but such grant imposes specific audit requiremitnts;Contractor shall provide to County an audit conforming to those requirements. (C) If Contractor is funded by less thea$300,000 in federal grant funds in any fiscal year from any source, Contractor is exempt from federal audit requirements for that year,however, Contractor's records must be available for and an audit may be required by, appropriate officials of the federal awarding agency, the General Accounting Office (GAO), the pass- through entity and/or the County. If any such audit is required, Contractor shall provide County with such audit. With respect to the audits specified in(A), (B) and(C) above,Contractor is solely responsible for arranging for the conduct of the audit, and for its cast. 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. 28. Authorization. Contractor,or the representative(s) signing this Contract on behalf of Contractor,represents and warrants that it has full power and authority to enter into this Contract and perform the obligations herein. Initials. ntractor County Dept. L-5 (Page 6 of 6) S CMLCUNDITIUNS t. The following paragraphis added to General Conditions#15. Conflicts of Interest: Contractor agrees that Contractor and members of its staff shall avoid any actual or potential conflicts of interest. Contractor agrees to immediately notify County Administrator or his designee of any case which may involve an actual or potential conflict of interest. 2. General Conditions#18 Tndernnification is deleted in its entirety and is replaced by the following: 18. I„gdgmn fication. The Contractor shall defend, indemnify, save and hold harmless the Public Agency 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 Public Agency or its officers or employees. Contractor will reimburse the Public Agency for any expenditures, including reasonable attorneys fees,the Public Agency may make by reason of the matters that are the subject of this indemnification, and if requested'by the Public Agency will defend any claims or litigation to which this indemnification provision applies at the sole cost and expense of the Contractor. 3. Subparagraph a. LigWky Insurance of General Conditions No. 19, Insurance is deleted and replaced by the following: It is required that the Contractor must have in force a Professional Liability Insurance Policy with not less than one million dollars($1,000,000)in coverage. 4. Additional Payment Provisions: Time entries that exceed 2.0 must be itemized. No interoffice consultation charges are allowed. Senior partners can assign work to one associate. Assignments to more than one associate require prior approval from Risk Management or County Counsel. Only one attorney may attend court hearings, depositions, trials, and settlement conferences. Authorization must be obtained from Risk Management or County Counsel if more than one attorney is required. Paralegal time must be itemized. Use of more than one paralegal per attorney requires authorization from Risk Management or County Counsel. The Public Agency will not pay more than$45 per hour for paralegal time. Contractor County SPECIAL CONDITIONS (Continued) Messenger services should be used only upon the request of Risk Management or County Counsel. Reports acknowledging assignments must include your discovery plan and a legal reserve based upon an estimate of time and costs to resolve the matter. Authorization from RiskManagement or County Counsel is required prior to the filing of motions or pursuit of the discovery plan. Each written report must conclude with a total of legal fees and costs charged to date. Final billing statements must accompany the closing report which includes the Release and endorsed copy of the Dismissal. All references to "County" in the General Conditions are hereby deleted and replaced with "Public Agency." 7 TO: BOAR? OF SUPERVISORS tip,`�ntra r` d FROM: Keith �~ �B. Richter, Fire Chief Costa County DATE: February 25, 2003 2$0 SUBJECT: Annual Fire Protection Payment for Area of Former Pinole Fire Protection District SPECIFIC REOUEST(S}OR RECOMMENVATION(S)3 BACKGROUND AND JUSTIFICATION RECOMMENDATIONS: Approve and authorize a payment not to exceed $257,702 to the City of Pinole for fire protection services provided"to the Contra Costa County Fire Protection District in the area of the former Pinole Fire Protection District for FY 2402-03 pursuant to an agreement approved November 13, 1980. REASONS FOR RECOMMENDATION/BACKGROUND: In November of 1980, the Board of Supervisors and the City of Pinole entered into an agreement for the provision of fire protection services by the City to the Pinole Fire Protection District. The contact is renewed automatically from year to year and provides for an adjustment in the yearly fee at the time of renewal. The annual fee was based upon an allocation of the direct fire and communications costs plus an overhead factor for administration. The County was charged a percentage of the aforesaid fire protection cost based on the amount of the assessed valuation in the unincorporated area in relation to the amount of the total assessed valuation, both: in the incorporated and unincorporated areas,,' served by the City of Pinole Fire Department. Commencing with FY 1999-00 and using the FY 1998-99 payment as the base amount, the annual payment has been increased from year to year by four percent plus a $6,500 constant charge for five years to help defray the cost of a new fire apparatus. Effective July 1, 1994, the Pinole Fire Protection District was annexed to the Contra Costa CountyFire Protection District. Accordingly, Contra Costa County Fire is now responsible for fire protection services in the area of the former Pinole Fire District. As indicated in the fire district consolidation plan, fire services in the Pinole area will continue to be provided by the City of Pinole Fire Department. CONTINUED ON ATTACHMENT: YES SIGNATURE: _4.=RECOMMENDATION- OF CflUNFY ADMINISTRATORRECOMMENDATION OF BOARD COMMITTEE '^' "APR+ROVE OTHER SIGNATURES: ACTION OF AR4/ON _. FEBRUARY 2 APPROVED AS RECOMMENDED X OTHER' VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE XX UNANIMOUS(ABSENT } AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARO ASSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN, ATTESTED F'E'BRUARY 25. 2003 CC: Contact: Chf Adm Svcs, Mike George (930-5506/Ext. 66500) JOHN SWEETEN,CLERK OF THE BOARD Of Contra Costa County Fire:Protection District SUPERVISORS AND COUNTY ADMINISTRATOR CAC}, Rich Seithel Auditor-Controller Z ' BY - ,DEPUTY L)A$RMGRS\KR\BOARD0RDERP1NOLE301.DOC C ' ► ° i° Psinole Ca ufbTnoa 880 Tennent Avenue Pinole, CA 94564 (510) 724-8970 Fire Department January 28,2003 Contra Costa County Fire District 2010 Geary Rd. Pleasant Hill, CA 94523 Attention: Mike George Subject: City of Pinole Charges for Fire and Rescue Services, FY 2002-2003 Dear Mike: Please consider this letter as an invoice for contractual fire and rescue services for the Tara Hills,Bayview,Montara Bay communities and the Alhambra'Valley corridor. With a 4%growth factor added to last year's payment,the contract amount of$257,701.47 is due for FY 02-03. This includes the 3' annual payment out of 5 toward a proportionate amount of the capital cost of the primary fire engine for the response area(see attached schedule). Please forward payment to: City of Pinole 2131 Pear St. Pinole, CA 94564 Attn: Cathy Heater Your prompt attention to this matter is sincerely appreciated. Please feel free to contact me with any questions or comments. Sincerely, Jim Parrott Fire Chief r Schedule for City of Pinole/Contra Costa County contractual fire,rescue and prevention services for Tara Hills, Bayview,Montara Bay communities and Alhambra Valley corridor. FY 99-00 Single fire station baseline was 98-99 budget with contract amount of $214,728.07 x 1.04=$223,317.19 for FY 99-00. FY 00-01 $223,317.19 x 1.04=$232,249.88 +$6,500 apparatus cost(1$t of 5 years) for total of$238,749.88 for 00-01. FY 01-02 $232,249.88 x 1.04=$241,539.87 +$6,500 apparatus cost(tad of 5 years) for a total of$248,039.87 for FY 01-02. FY 02-03 $241,539.87 x 1.04=$251,201.46+$6,500 apparatus cost(3d of 5 years) for a total of$257,701.47 for FY 02-03. FY 03-04 $251,201.46 x 1.04=$261,249.51 +$6,500 apparatus cost( th of 5 years) for a total of$267,749.51 for FY 03-04. FY 04-05 $261,249.51 x 1.04=$271,699.49+$6,500 apparatus cost(5th of 5 years) for a total of$278,199.49 for FY 04-05. FY 05-06 $271,699.49 x 1.04=$282,567.46 total for FY 05-06. D 4 i i d Cot4M COSTA FIRE DISTRICT TO: v BOARD OF SUPERVISORSContra J irk FROM: Fire Chief Keith B. Richter �. Gaeta Contra Costa County Fire Protection District ourty DATE: February 25, 2005 01142 i SUBJECT: Contract Amendment/Extension Agreement with La Loba International, Inc. SPECIFIC REQUEST(S)OR RECOMMENDATION($)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: APPROVE and AUTHORIZE the Fire Chief, Contra Costa County Fire Protection District, to execute a Contract Amendment/Extension Agreement with La Loba International, Inc. to provide continued Request for Proposal (RFP)preparation services for replacement of District's Computer Aided Dispatch (CAD) System through April 30, 2003. FINANCIAL IMPACT: The payment limit is increased by$15,000 from $24,360 to a new total of$39,360 and is incorporated in the District's FY 2002-03 budget. BACKGROUND/REASONS FOR RECOMMENDATION: The District has budgeted approximately$1.3 million for the replacement of aging CAD System at its Communications Center which provides communications/dispatch services to East Contra Costa Fire Protection District, Crockett-Carquinez Fire Protection District, Morava-Orinda Fire Protection District, Rodeo-Hercules Fire Protection District and City of Pinole Fire Department in addition to our own Contra Costa County Fire Protection District. Replacement of CAD System is a major undertaking. To assist with the preparation of a RFP, review and evaluation of submitted proposals and selection of a vendor, the District has contracted with La Loba International, Inc. to provide such services. The term of original contract is 5-7-02 to 2-28-03 with a payment limit of$24,360. The payment limit is insufficient in light of work to be performed and another two (2) months are needed to extend the contract through 4-30-03. Hence, this Contract Amendment/Extension Agreement needs to be executed. CONTINUED ON ATTACHMENT: YES SIGNATURE: OJW RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE t�' PPROVE OTHER SIGNATURE 5: ACTION OF BOA ON 03 APPROVED AS RECOMMENDED XX OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE XX 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. FEBRUARY 25. 2003 ATTESTED Contact: Mike George,930-5506 JOHN SWEETEN,CLERK OF THE BOARD OF cc: County Administrator/Rich Seithel SUPERVISORS AND COUNTY ADMINISTRATOR C.G.C. Fire Protection District Auditor-Controller, Contracts Section General Services, Purchasing division BY DEPUTY U:\SRMGRSWHG\BOARDORDERLALOBA30I.DOC.DOC Contra Costa County CONTRACT AMENDMENT/ Number 4808200 Standard Form L-9 EXTENSION AGREEMENT Fund/Org# 2020 7300 Revised 2002 (Purchase of Services-Long Farm) Account# 231C Other# „ �ciertti�catian a,�Ca aci�R b�. �:i'�• Number: 4808200 Effective Date: May 7, 2009- Department: OOZD partment: Contra: Costa County fire Protection District Subject: west for Proposal (RFP) Preparation for Replacement of Computer Aided Dispatch (CAD) System 2. Pnrdes. The County ofContra Costa,California(County),for its Department named above,and the following named Contractor mutually agree and promise as follows: Contractor: La Loba International, Inc. Capacity: Corporation Address: 1.0374 Julian Court Westminster, CO 80031 3. �,mendMe bate. The effective date of this Amendment/Extension Agreement;is February , 2003 4. Ammdwnt Saeci#ismdons. The Contract identified above is hereby amended as set forth in the "Amendment Specifications" attached hereto which are incorporated herein by reference. 5. &tensionafTerms The term of the above described Contract between the parties hereto is hereby extended.from February 28, 2003 to April 30, 2003 ,unless sooner terminated as provided in said contract. i. Fa3i ment Lftr 1tt Ingease- '1 he payment limit of the above described Contract between the parties hereto is hereby increased by S 15,000 ,from$24,360 to anew total Contract Payment Limit of$39,360 7. natures. These signatures attest the parties'agreement hereto: COUM OF CONTRAA BOARD OF SUPERVISORS A'T'TEST: Clerk of the Board of Supervisors By'&#ABy Chairman/Designee Deputy R Name of business e - .t1 r Narne of business entity By By (Si at e,6idual or officer) (Signature of individual or officer) J . +" ae,,�Ijej (Pritit nanle and title A, if applicable) (Print name and title B, if applicable) None toQmLop.For Corporations(profit or nonprofit),the contract must be signed by two officers. Signature A must be that of the president or vice-president and Signature S must be that of the secretary or assistant secretary(Civil Code Section 1190 and Corporations Code Section 313). All signatures must be acknowledged as set forth on form L-2. L-9(Page I of I) AMENDMENT ECIFICAT Attachment"A" Payment Provisions, Part D. 1. and 2. of the Contract are replaced by the following. " ` Payments as outlined above In parts `A', 'S' and 'C' combined shall not exceed $39,360.00." U:1MHGILALOBACONTRACTAMEND301.DOC Ali TO: ` BOARD OF SUPERVISORS OLT FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR DATE: February 25,2003 SUBJECT: APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a Consulting Services Agreement with Phillips Services Inc. dba Phillips and Associates in the amount of $49,348 to provide on-going operations and maintenance of the Wastewater Treatment System in Sanitation District 5, Port Costa, for the period of March 1, 2003 through February 29, 2004, Port Costa area. (Sanitation District 5,Port Costa Funds)(District II)Project No. 7380-6X9E42 SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION I. Recommended Action: APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a Consulting Services Agreement with Phillips Services Inc. dba Phillips and Associates in the amount of$49,348 to provide on-going operations and maintenance of the Wastewater Treatment System in Sanitation District 5,',Port Costa, for the period of March 1, 2003 through February 29,2004. II. Financial Impact: There is no impact to the County General Fund. Sanitation District 5, Port Costa pays 100% of the costs associated with the ongoing repairs and maintenance for the sanitation district. Continued on Attachment:X SIGNATURE: r , "' %'`-.• '­-' COMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE �XPPROVE _OTHER SIGNATURES ACTION OF BO ON .FE--. 25; i',.'03 APPROVED AS RECOMMENDED�_OTHER i VOTE OF SUPERVISORS XX UNANIMOUS(ABSENT ) AYES: NOES: ABSENT: ABSTAIN: SE:sr I hereby certify that this is>a true and correct copy of an G:\GrpData\SpDistlBoard Ordem\2003\02-25-03 BO-Phillips for SDS.doc action taken and entered on the minutes of the Board of Orlig.Div: public Works(Specia)Districts) Contact: Skip Epperly(313-2253) Supervisors on the date shown. cc County Administrator Assessor Auditor-Controller L. nty cam Counsel.Drat. ATTESTED: iEBRUARY 25 2003 ClericHoldal Ri Aceounting JOHN SWEETEN Clerk of the Board of Supervisors and Clerical Hinder s p County Administrator By_ Ag�� ,Deputy SUBJECT. APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a Consulting Services Agreement with Phillips Services Inc. dba Phillips and Associates in the amount of $49,348 to provide on-going operations and maintenance of the Wastewater Treatment System in Sanitation District 5, Port Costa, for the period of March 1, 2003 through February 29, 2004, Port Costa area. (Sanitation District 5, Port Costa Funds) (District Il)Project No. 7380-6X9E42 DATE: February 25, 2003 PAGE: 2 III. Reasons for.Recommendations and Backeround: The Port Costa Wastewater Treatment System has been maintained by a qualified individual for the past seven years. This person will retire March 1, 2003. On November 26 2002, the Public Works Department requested Statements of Qualifications from twenty (20) qualified firms and local wastewater treatment agencies for the operation of the Port Costa facility. ',Phillips and Associates of Napa, California was selected based on their qualifications. IV. Consequences of Negative Action: Sanitation District 5,Port Costa would not have an operator. C.a4r CONSULTING SERVICES AGREEMENT 1. Special Conditions.These Special Conditions are incorporated below by reference. (a) Public Agency: Contra Costa County (b) Consultant's Name&Address: Phillips Services Inc. dba Phillips and Associates 2201 Jefferson Street Napa, CA 94558 (707)254-1931, (707)224-9355 fax (c) Project Name, Number,& Location: Operations and Maintenance of the Wastewater Treatment System for Sanitation District 5,7365-6X9E40, Port Costa (d) Effective date: March 1,2003 (e) Payment Llmlt(s): $49,348,00 (Estimated at$39,348 per year+ $10,000.00 incidental charges) (f) Completion Date(s): February 29,2004 2. Signatures. These signatures attest the parties'agreement hereto: f PUBLIC AGENCY CONSUL NT By: Board Of Supervisors , Chairperson/Designee By: (Desi, ate ficial capacity in the usi<ess — President or Vice Pref ent) Type of Business:sole proprietorship,government agency, pa ership, corporation, etc.) If Corporation, #e of lncorpor By;r "u By: (Designate/bAcial capacity In the usinessSecretary or A SecretaryVrype of Business:sole proprietorship,government agen partnership, corporation, etc.) Note to Consultant: 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 California } ss. County of "_P.,,, ) On the date written below,before me,the undersigned Notary Public,personally appeared the person(s)signing above for Consultant, e(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s) is/2c�p subscribed to the Within instrument and acknowledged to me that belt)ey executed the same in 4tisIherltheir authorized capacity(les), and that by l�/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. Da ` MARTINNotary Public §4 C miWon# 13814600 Pubtic - Calltornio Solono County MyC0MMEVkftNov21,2006 t r . CONSULTING SERVICES AGREEMENT 3. Parties. Effective on the above date,the above-named Public Agency and Consultant mutually agree and promise as follows: 4. Employment.Public Agency hereby employs Consultant,and Consultant accepts such employment,to perform the professional services described herein, upon the terms and in consideration of the payments stated herein. 5. Scope of Service. Scope of service shall be as described in Appendices A& B,attached hereto and made a part hereof by this reference. 5. amort Disclosure Section.Any document or written report prepared hereunder by Consultant,or a subcontractor, for Public Agency shall contain,in a separate section,the numbers and dollar amounts of this contract and all sub- contracts relating to the Preparation of such document or written report,provided that the payment limit specifier!in Sec. 1(e) exceeds $5,000. When multiple documents or written reports are the subject or products of this agreement,the disclosure section may also contain a statement indicating that the total contract amount represents compensation for multiple documents or written reports. 7. Insurance.Consultant shall,at no cost to Public Agency,obtain and maintain during the term hereof:(a)Workers' Compensation Insurance pursuant to state law; (b)Professional Liability Insurance with minimum coverage of $1,000,000.00 and a maximum deductible of$ 50,000.00; and (c)Comprehensive General Liability insurance, including blanket contractual (or contractual liability) coverage, broad form property damage coverage, and coverage for owned and non-owned vehicles,with a minimum combined single limit coverage of$500,000.00 for all damages due to bodily injury, sickness or disease,or death to any person,and damage to property, including the loss of use thereof, arising out of each accident or occurrence, and naming Public Agency, Contra Costa County,its/their governing bodies,officers and employees as additional insureds.Consultant shall promptly furnish to Public Agency certificates of insurance evidencing such coverage and requiring 30 mays'written notice to Public Agency of policy lapse, cancellation or material change in coverage. 8. Payment.Public Agency shall pay Consultant for professional services performed at the rates shown in Appendix C attached hereto,which include all overhead and incidental expenses,for which no additional compensation shall be allowed. Notwithstanding the foregoing, those incidental expenses specifically itemized in Appendix C shall be reimbursable by Public Agency to Consultant, provided that Consultant submits,'copies of receipts and, if applicable,a detailed mileage log to Public Agency. In no event shall the total amount paid to Consultant exceed the payment'limit(s)specified in Sec. 1(e)without prior written approval of the Public Agency.Consultant's billing statements shall be submitted at convenient intervals approved by Public Agency and shall list,for each item of services, the employee categories, hours and rates. Public Agency will pay consultant in accordance with the requirements of Civil Code Section 3320 as applicable. 9. Status.The Consultant is an independent contractor,and shall not be considered an employee of Public Agency. 10. Time for Completion. Unless the time is extended in writing by Public Agency, Consultant shall complete all services covered by this Agreement no later than the Completion Date(s)listed above. 11. Record Retention and Auditing.Except for materials and records delivered to Public Agency,Consultant shall retain all materials and records prepared or obtained in the performance of this Agreement,including financial records,for a period of at least five years after Consultant's receipt of the final payment under this Agreement.Upon request by Public Agency,at no additional charge,Consultant shall promptly make such records available to Public Agency,or to authorized representatives of the state and federal governments,at a convenient location within Contra Costa County designated by Public Agency, and without restriction or limitation on their use. 12. Documentation.Consultant shall prepare and deliver to Public Agency at no additional charge,the items described in Appendix A to document the performance of this Agreement and shall furnish to public Agency such information as is necessary to enable Public Agency to monitor the performance of this Agreement. 11 Owners-hip of Documents,All materials and records of a finished nature,such as final plans,specifications,reports, and maps, prepared or obtained in the performance of this Agreement, shall be delivered to and become the property of Public Agency.All materials of a preliminary nature,such as survey notes,sketches,preliminary plans, computations and other data,prepared or obtained in the performance of this Agreement,shall be made available, upon request,to Public Agency at no additional charge and without restriction or limitation on their use. CONSULTING SERVICES AGREEMENT 14, Extra Work, Any work or services in addition to the work or services described in Appendices A & B shall be performed by Consultant according to the rates or charges listed in Appendix D. In the event that no rate or charge is listed for a particular type of extra work, Consultant shall be paid for the extra work at a rate to be mutually agreed on prior to commencement of the extra work. In no event shall Consultant be entitled to compensation for extra work unless a written authorization or change order describing the work and payment terms has been executed by Public Agency prior to the commencement of the work. 15. Payment Retention. Public Agency shall retain ten percent(10%)of the monies due the Consultant as security for the fulfillment of this Agreement.After the Consultant has completed all work under this Agreement,submitted final billing, and the Public Agency has found the work to be accurate, the Public Agency will pay all withheld funds. Public Agency will pay withheld funds in accordance with the requirements of Civil Code Section 3320 as applicable.A retention will not be withheld for any"on-call"work. 16. Termination by Public Agency.At its option,Public Agency shall have the right to terminate this Agreement at any time by written notice to Consultant;whether or not Consultant is then in default.Upon such termination,Consultant shall,without delay,deliver to Public Agency all materials and records prepared or obtained in the performance of this Agreement,and shall be paid,without duplication,all amounts due for the services rendered up toAhe date of termination. 17. Abandonment by Consultant. In the event the Consultant ceases performing services under this Agreement or otherwise abandons the project prior to completing all of the services described in this Agreement,Consultant shall, without delay,deliver to Public Agency all materials and records prepared or obtained in the performance of this Agreement, and shall be paid for the reasonable value of the services performed up to the time of cessation or abandonment,less a deduction for any damages or additional expenses which Public Agency incurs as a result of such cessation or abandonment. 18. Breach. In the event that Consultant fails to perform any of the services described in this Agreement or otherwise breaches this Agreement,Public Agency shall have the right to pursue all remedies provided by or equity.Any disputes relating to the performance of this Agreement shall not be subject to non-judicial arbitration.Any litigation involving this,Agreement or relating to the work shall be brought in Contra Costa County, and Consultant henry waives the removal provisions of Code of Civil Procedure Section 394. 19. Compliance with Laws. In perforating this Agreement, Consultant shall comply with all applicable laws, statutes, ordinances,rules and regulations,whether federal,state,or local in origin.This includes compliance with prevailing wage rates and their payment in accordance with California Labor Code, Section 1775. 20, Assignmen#. This Agreement shall not be assignable or transferable in whole or in part by Consultant, whether voluntarily,by operation of law or otherwise;provided,however,that Consultant shall have the right to sub-contract that portion of the services for which Consultant does not have the facilities to perform so long as Consultant notifies Public Agency of such subcontracting prior to execution of this Agreement. Any other purported assignment,transfer or sub-contracting shall be void. 21 Subcontracting. All subcontracts exceeding $25,000 in cost shall contain all of the required provisions of this contract.Consultant will pay each subconsultant in accordance with the requirements of Civil Code Section 3321 as applicable. 22. Endorsement on Plans. Consultant shall endorse all pians, specifications, estimates, reports and other items described in Appendix A prior to delivering them to Public Agency, and where appropriate, indicate his/her registration number. 23. Patents and Copyrights. The issuance of a patent or copyright to Consultant or any other person shall not affect Public Agency's rights to the materials and records prepared or obtained in the performance of this Agreement. Public Agency reserves a license to use such materials and records without restriction or limitation, and Public Agency shall not be required to pay any additional fee or royalty for such materials or records.The license reserved by Public Agency shall continue for a period of fifty years from the date of execution of this Agreement, unless extended by operation of law or otherwise. CONSULTING SERVICES AGREEMENT 24. Indemnification. Consultant shall indemnify,defend,save,protect,and hold harmless Public Agency,its governing body,officers,employees,representatives,and agents("Indemnitees")from any and all demands,losses,claims, costs, suits, liabilities, and expenses for any damage, injury, or death (collectively"Liability") arising directly or indirectly from or connected with the services provided hereunder which is caused, or claimed or alleged to be caused,in whole or in part,by the negligence or willful misconduct of Consultant, its officers,employees,agents, contractors, subconsultants;or any persons under its direction or control and shall make good to and reimburse Indemnitees for any expenditures,including reasonable attorneys'fees and costs,the Indemnitees may make by reason of such matters and , if requested by any of the Indemnitees, shall defend any such suits at the sole cost and expense of Consultant. Consultant's obligations under this section shall exist regardless of concurrent negligence or willful misconduct on the part of the Public Agency or any other person; provided, however, that Consultant shall not be required to indemnify Indemnitees for the proportion of liability a court determines is attributable to the negligence or willful misconduct of the Public Agency,its governing body,officers,or employees. This indemnification clause shall survive the termination or expiration of this Agreement. 25. Heirs. Successors and Assigns. Except as provided otherwise in Section 20 above, this Agreement shall inure to the benefit of and bind the heirs, successors,executors, personal representatives, and assigns of the parties. 26. Public Endorsements.Consultant shall not in its capacity as a Consultant with Public Agency publicly endorse or oppose the use of any particular brand name or commercial product without the prior approval of the Public Agency's governing board. In its Public Agency Consultant capacity,Consultant shall not publicly attribute qualities or lack of qualities to a particular brand name or commercial product in the absence of a well-established and widely accepted scientific basis for such claims or without the prior approval of the Public Agency's governing board. In its Public Agency Consultant capacity, Consultant shall not participate or appear in any commercially- produced advertisements designed to promote a particular brand name or commercial product,even if Consultant is not publicly endorsing a product,as long as the Consultant's presence in the advertisement can reasonably be interpreted as an endorsement of the product by or on behalf of Public Agency. Notwithstanding the foregoing, Consultant may express its views on products to other Consultants, the Public Agency's governing board, its officers,or others who may be authorized by the Public Agency's governing board or by law to receive such views. 27. Project Personnel. In performing'the services under this Agreement,Consultant shall use the personnel listed in Appendix E,attached hereto and made a part hereof by this reference. Changes in project personnel may only be made with Public Agency's written consent,and Consultant shall notify Public Agency in writing,at least thirty(30) days in advance of any proposed change. Any person proposed as a replacement shall possess training, experience and credentials comparable to those of the person being replaced. Attachments;scope of work,Payment Schedule,Schedule of Rates and Project Personnel Form approved by County Counsel(5100) G.tt3rpDatatSpDistiContracts\Sanitation Distrist 5 2003.2004Aoc AMENDMENT The following items supersede#15 and #16 of the Consultant Services Agreement between Public Works Department and Phillips and:Associates. #15. Public Agency shall not retain any monies due to the Consultant as security for the fulfillment of this Agreement. #16. Termination W Public Agency. At its option, Public Agency shall have the right to terminate this Agreement at any time by written notice to Consultant, whether or not Consultant is then in default- The Consultant shall have the right to terminate without cause this Agreement with 60 days Written notice. Upon such termination, Consultant shall, Without delay, deliver to Public Agency all materials and records prepared or obtained in the performance of this Agreement, and shall be paid, without duplication, all amounts dine for the services rendered up to the date of termination. Uikd Appendix A Wastewater Treatment Facility Operator Services Professional Requirements Valid and current Grade I Operator Certificate,Grade II Operator Certificate or Grade III Operator Certificate.. Required Knowledge Perform a full range of operations and maintenance duties relating to wastewater treatment plant operation. Scope of Services 1. Plant Operations 1. Must reference the O&M manual for all procedures. 2. Must reference and follow all protocols stipulated in the NPDES permit. 3. Must have sufficient knowledge of laboratory procedures to utilize field instruments such as pipettes,',flasks and so forth. Solutions of chemicals are required to be prepared. 4. Record machine readings as required. 5. Check chlorine in tanks. Prepare chlorination and dechlorination solutions. 6. Check observation stations. 7. Flush and clean screens,wells and channels. 11. Plant Maintenance 1. Must have knowledge of electrical equipment and experience with motor controls. 2. Must have ability to recognize when pumps are in need of repair. 3. Make minor repairs and adjustments to plant equipment. 4. Make periodic inspections of wastewater treatment plant equipment such as pumps, meters, valves and filters. Conduct periodic maintenance of equipment as stipulated in Appendix B. 5. Maintain plant and grounds in clean and sanitary condition.. Dispose of any ort-site trash. 6. Keep sand filtration beds free of weeds by regularly weeding. 7. Check quantities of chemicals and notify County contact in advance when chernicals need to be reordered. S. Perform manual labor such as digging and backfilling trenches when necessary.', 111. Sampling 1. Collect weekly, monthly quarterly, annual and periodic samples as necessary front treatment facility. Transport samples under correct chain-of-custody protocols to certified laboratory for testing. 1V. Reporting 1. Submit results of analytical tests to contact person at RWQCB on a monthly basis. 2. Maintain logs of inspections. 3. Fill out monitoring and reporting program checklists and submit them to the Special District Coordinator by the 15e'of the following month. (A copy of the Wastewater Monitoring and Reporting Program is enclosed.) V. Sewer Maintenance I. Respond to sewer calls and complaints. Contact appropriate sewer contractor. Obtain confirmation of arrival time. Do final check ager repair is completed. 2. As USA Notifications are received, contractor is to review and mark project areas in accordance with the USA North Color Code Procedures. 3. Check the solids level in the septic tank twice a year. Coordinate with the County for removal of solids from the tank when necessary. Appendix A The District agrees to have the facility's grounds, equipment lubrication maintenance and protective coatings up to the standard the contractor will be held to before they assume operations, or issue an Extra Work Order for this work. The District shall provide and install chemical tanks with a maximum storage capacity of 8 days, or issue an Extra Work Carder for this work. Appendix B SummaEy of Overating Equipment Maintenance Program ***For all maintenance procedures, refer to the specific manufacturer's manual for instructions. 1. Sewage Air'Valves Brand-Model: APC4, S-401 WA Location: Recirculation Building Maintenance: Sewage air valves should be back-flushed yearly. If, during the back- flushing operation, the air valve becomes clean within a few minutes, the next maintenance does not need to be scheduled for 12 months. If it takes longer than 15 minutes to clean the air valve,the valve should be cleaned in three months. See the manufacturer's manual for instructions on back-flushing. 2. Submersible Sump Pump Brand-Model: Peabody Barnes, Model SS C27 Location: Floor of the Recirculation Building Maintenance: The sump pump should be inspected every six months to determine if servicing or cleaning is necessary. Check for solids prior to entering the rainy season. At least once a year, the solids should be taken out of the pump. 3. Constant Downstream Level Gate Brand-Model: Alsthrom Atlantic,Inc., AV 10 28H Location: Recirculation building, accessible from roof of structure. Maintenance: Check gate every time a site visit is made to make sure that the moving component is absolutely free to rotate and no foreign matter is caught between the gate leaf and the intake piece. Gently push the gate leaf to start the moving component swinging. Cance released,moving component should return to initial position. No other maintenance or lubrication is necessary. 4. Main Dry Pit Non-Clog Pumps Brand.-Model: PACO, Model 120220 Location: Recirculation Building Maintenance: Lubricate twice a year. Add 1-2 ounces of grease per bearing. Do not over-grease. See manufacturer's manual for the appropriate types of grease to use. There are five.fittings on each pump and motor. Fill grease cup to red;line. 5. Ultrasonic Flow Meter Brand-Model: Manning,UT`°X"—21 OOA Location: Electrical cabinet in the recirculation building. Maintenance: Have'Telestar calibrate the meter once a year. Appendix B 6. Flow Recorder ;Brand-Model: Honeywell-Servoline, Class 45 Location: Electrical cabinet in recirculation building Maintenance: Change charts and pens as needed. Check and, if necessary, lubricate, chart drive hub friction spring once a month. Use high grade instrument oil(like Honeywell-type L-1). Use only one drop of oil. Lubricate cam drive gear train(program controller only)with one drop of high grade instrument oil. Use on drop on each gear stud of drive gear train, Calibrate recorder when required. See manufacturer's manual for calibration instructions. Appendix C Payment Schedule For the Scope of Work outlined in Appendices A & B, the County will pay Phillips Services Inc. dba Phillips and Associatesthe monthly lump-sum payment of$3,279.00. Per the proposal submitted by Phillips&Associates,they will provide the labor, supervision; service vehicle and routine small tools to perform the tasks outlined in the Scope of Work and Appendices A&B. Phillips will apply for and pay the annual registration fee to the SW RCB to register the facility as a contract operated facility. Phillips &Associates will invoice the County on a monthly basis. For any services rendered which are not included in the Scope of Work or Appendices A&B, the County will pay Phillips&Associates on a time and material basis, according the schedule of rates in Appendix D. Appendix D Phillips & Associates Mmagemew A T&*Wcal Resourm SCHEDULE OF RATES Effective January 1, 2003 Port Costa Wastewater Facilities PRINCIPAL CONSULTANT/PROJECT MANAGER $111.00 per hour REGISTERED CIVIL ENGINEER $ 98.00 per hour ENVIRONMENTAL SYSTEMS ENGINEER $ 92.00 per hour SENIOR PROCESS CONTROL ENGINEER $ 81.00 per hour .DUAL,CERTIFIED PLANT MANAGER.(T+D or WW) $ 72.00 per hour WASTEWATER OR WATER CERTIFIED PLANT MANAGER $ 68.00 per hour CERTIFIED WATER OR WASTEWATER OPERATOR I $ 44.00 per hour CERTIFIED WATER OR WASTEWATER OPERATOR.II $ 48.00 per hour CERTIFIED WATER OR WASTEWATER OPERATOR III $ 52.00 per hour OPERATIONS Clic.MAINTENANCE TECHNICIAN $ 44.00 per hour LA13ORER a $ 32.00 per hour OFFICE SUPPORT AND CLERICAL $ 26.00 per hour OTHER.POSITIONS $ Quote by skill MILEAGE $ 0.41 per mile HOLIDAY, WEEKEND,NIGHTS AND OVERTIME 1.5 x`regular rate SUBCONTRACTORS, CONSULTANTS OR SERVICES Cost+20% CONSUMABLES, SUPPLIES OR OTHER DIRECT EXPENSES Cost+ 15% EQUIPMENT $ Quote • 4 Appendix E Operations and Maintenance Personnel Principal/Project Manager(and backup Chief Plant Operator) Gary Phillips Principal/Senior Process Engineer (Chief Plant Operator) Steve Phillips Operations/Maintenance Technician Eleazar Carrera Operations/Maintenance Technician Rusty Hall TO: BOARD OF SUPERVISORS C' FROM: MAURICE M. SHIi..I, PUBLIC WORKS DIRECTOR DATE: February 11, 2003 SUBJECT: APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract with Margaret Fang in the amount of$61,300 to provide the provision of community programming and support services for County Service Area M-17 MonTaraBay Community Center and the Public Warks Department, for the period March 1, 2003 through February 28, 2004, Count de. All Districts Project#4505-2314-SAS905SAS SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION L Recommended Action: APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract with Margaret Fong in the amount of $61,300 for the provision of community programming and support services for County Service Area M-17 MonTaraBay Community Center and the Public Works Department, for the period March 1, 2003 through February 28, 2004, Countywide. 11. Financial Impact: There is nes impact to the County General Fund. Funds are generated from various county service areas. I jr Continued on Attachment:X SIGNATUR:E �ttL �a . 41 1 COMMENDATION OF COUNTY ADMINISTRATOR ,. _ RE -MMENDATION OF BOARD COMMITTEE PROVE OTHER SIGNATURE(S): `- ACTION OF BO , ON FEB• 25/03 APPROVED AS RECOMMENDED XX OTHER VOTE OF SUPERVISORS XX UNANIMOUS(ABSENT } AYES: NOES: ABSENT: ABSTAIN: I hereby certify that this is a true and correct copy of MF:sr an action taken and uttered on the minutes of the G:\GrpData\SpDist\I3oard Orders\2003\02 JFebruary\02-11-03 Margaret Fong.doc Board of Supervisors on the date shown. Orig.Div:Public Works(Special Districts) Contact: Skip Epperly(313-2253) cc: County Administrator FEBRUARY 25, 2003 Assessor ATTESTED-FEBRUARY Auditor-Controller JOHN SWEETEN,Clerk:of the Board of Community Development Supervisors and County Administrator County Counsel L.Holder:,Accounting f Contract Folder J Contract Finder By _,Deputy SUBJECT: APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract with Margaret Fong in the amount of$61,300 to provide the provision of community programming and support services for County Service Area M-17 MonTaraBay Community Center and the Public Works Department, for the period March 1, 2003 through February 28, 2004, Countywide. (All Districts)Project#4505-231.0-SAS905SA DATE: February 11, 2003 PAGE 2 111. Reasons for Recommendations and.Background: Margaret Fong has been a County contract employee in the capacity of Administrative Aide for approximately four years. Her services are needed for the provision of community programming, and support services for County Service Area M-17 MonTaraBay Community Center and Public Works Department. IV. Consequences of Neeative Action: Community programming and support services for the Public Works Department will be negatively impacted without a contract for these services. Contra Costa County Number: Standard Form 1/87 STANDARD CONTRACT Fund/Org#: 7489/4505 (Purchase of Services) Account#:_ 2310 Other#: I. Contract Identificatio,n. Department: Public Works Department Subject: Administrative Aide Duties 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: Margaret Fong Capacity: Administrative Aide Address: 517 Andreas Court San Ramon,CA 94583 Telephone: (925)828-9243 3. Term. The effective date of this Contract is March 1, 2003; it terminates February 28, 2004, unless sooner terminated as provided herein. 4. Payment�ki:M t. County's total payments to Contractor under this Contract shall not exceed$26.05 per hour plus applicable County fringe benefits. In addition,an allowance for mileage&meals not to exceed$300.00. County's total payments to contractor shall not exceed$61,300.00. 5. Cggaty's Obligations. County shall mare 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 Exhibit A 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,excluding the Insurance section of the general Conditions. 8. PrQl ect. This Contract implements in whole or in part the following described Project,the application and approval documents of which are incorporated herein by reference. 9. Legal Authority. This Contract is entered into under and subject to the following legal authorities: 10. Signatures. These signatures attest the parties`agreement hereto: COUN'T'Y OF CONTRA COSTA»CALIFORNIA BOARD OF SUPERVIStORS ATTEST: John Sweeten, Clerk of the Board of ¢ Supervisors and County Administrator By A By irtment Designee Deputy CONTRACTOR By By (Designate business capacity A) (Designate business capacity B) Note tq� too a=t For Corporations(profit or uoaprotit),the contract must be signed by two officers. Signature A must be that of the president or vice-president and signature B must be that of the secretary or assistant secretary(Civil Code section 1194 and Corporations Code section 313). All signatures must be acknowledged as set forth on page two. G mitpDataNSpDist\conttactsTong 2043.doe January 22,2003 z CALIFORNIA ALGPURPOSE ACKNOWLEDGMENT State of Calitornia County of cs �� ss. On � ' Z,3 before me, }�kCKI.G L.. A4_0 A-t Q Bate Name and Title of Officer(8.9.."Jane Boo,Nil ary Public') personally appeared ~ ' Names)of Signer(s) ❑personally known to me iproved to me on the basis of satisfactory evidence to be the person(a) whose name(&.) is/axa- "'�" 1tG11 subscribed to the within instrument and Co *1384382 ++ ' acknowledged to me that4h%he/tk%L9xecuted Notaty Pubbe-C+ffio t° the same in 4Wher/the4. authorized �CoOda capacity4a), and that by -410/her/ttuaic MyC0W0E,;**sD9C 1f1.2 signature(4)on the instrument the person(s),or the entity upon behalf of which the person(* acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required bylaw,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document. Document Date: Number of Pages: _ Signer(s)Other Than Named Above: Capacity(les)Claimed by Signer Signer's Name: wiffiffm ❑ individual Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner--❑Limited ❑General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: 0 1990 National Notary Association-9360 Be Soto Ave.,P.Q,Box 2402-Chatsworth,CA 91313.2462 www.natlonalnotary.org Prod.Na 5907 Reorder!Call Toil-Free 1.300.878.5527 EXHIBIT A Contractor's Obligations. Contractor shall provide the following described services; A. Facility_Promaanis and Rentals 1) Develop,coordinate and schedule recreational classes. 2) Initiate and coordinate advertising and program promotion literature and press releases. 3) Publicize,promote,book and manage all rentals at the MonTaraBay Community Center or other similar facilities. 4) Execute rental agreements. 5) Enforce program policies and rules. 6) Ensure that all program participants receive and sign the Release From Liability form and that a copy of said form is forwarded to Contra Costa County Public Works Department when executed. 7) Ensure that roll is taken in each class session on forms approved by Contra Costa County Public Works Department. 8) Work each Monday at the MonTaraBay Community Center and work Tuesday through Thursday as assigned by the Contra Costa County Public Works Department. 9) Negotiate with,and secure the services of qualified personnel to provide instruction in a variety of community classes, seminars and/or workshops. 10) Provide oral presentations before civic and fraternal organizations,clubs and at public meetings. 11) Respond to programmatic and rental inquiries from the public. 12) Implement,oversee and administer the complete operation of the Adult Softball program at the MonTaraBay Ballfxeld Complex and/or at other similar facilities as assigned. B. Facility Maintenance 1) Ensure that the MonTaraBay Community Center,or similar facility where assigned,is in good working order and resolve all operational difficulties(i.e.,repairs,safety issues). 2) Order and maintain a stock of supplies(i.e.office,janitorial,program etc.) 3) At the Community Center/Recreation Facility where assigned,oversee the delivery of grounds maintenance services and ensure that the grounds are maintained in a clean and safe condition at all times. 4) Immediately notify the Contra Costa County Public Works Department of any unsafe of dangerous conditions or equipment, 5) Report all accidents,incidents and/or injuries that occur on the appropriate Contra Costa County forms and submit to the Contra Costa County Public Works Department within 24 hours of the occurrence. 6) Contact the appropriate emergency resources in case of an emergency. 7) Oversee the janitorial staff/service at the Community Center/Recreation Facility where assigned and ensure that the facility is maintained in a clean and safe condition at all times. 8) Oversee the infield preparation of the ballftelds.Ensure that the infields are free of hazards and that the equipment(i.e. bases,pitchers mounds,home plates)are installed and maintained in a safe,hazard-free condition at all times. C. Reporting and Record Keoing 1) Attend the bi-annual County Service Area M-17(MonTaraBay)community meetings and other meetings as determined by the Contra Costa County public Works Department. 2) As requested,prepare and provide written programmatic reports(including statistical and narrative documentation)to Contra Costa County,Public Works Department,in a format determined and approved by the Public Works Department. 3) Prepare and provide budget reports regarding revenues and expenditures for the Community Center's programs,events and rentals,as requested by Contra Costa County,Public Works. 4) Prepare and submit all Demand forms(Form#D15.11)and Deposit Permits(Farm#D34),(accompanied with original receipts and back-up documentation),in a timely fashion(minimally every 2-4 weeks). 5) Report to the Contra Costa County Public Works Department all complaints received and steps taken to resolve those complaints. 6) Maintain current file of all meeting agendas and minutes for County Service Area M-17(MonTaraBay). 7) Prepare,maintain and keep current,the Recreation Center's Equipment Inventory List in accordance with the standards and guidelines established by Contra Costa County Public Works Department and the Auditor/Controllers Office. 8) Perforin anther duties as required by the Contra Costa County Public Works Department. 9) Assist in the preparation of the agenda,minutes and meeting notices for the bi-annual County Service Area M-17 community meeting or other meetings as assigned. C. Rep ortin and Record Kemin (continued) 10) Complete long term administrative projects,which may require statistical research,budget analysis,salary surveys, organizational studies,legislative analysis and oral/written reports. 11) Learn the structure and operation of County government. 12) Assist in gathering,tabulating and analyzing factual data. 13) Must possess a valid California Driver's License. 14) May periodically be stationed at other locations such as,but not limited to,the Lefty Gomez Recreation Center or the Crockett Community Center. 15) Other duties as assigned by the Contra Costa County Public Works Department. 16) Ensure that once$200 in cash or$1,500 in checks is accumulated at the community center/s,that a bank deposit will be made. CONTRACT COMPUTATION Contractor shall work approximately 40 hours per week(mare or less) at a rate of$26.05 per hour. 40 hours per week @$ 26.05 per hour= $ 1,042.00 per week 52 weeks x $1,042.00 per week= $ 54,184.00 per year $ 4,145.08 FICA @ 7.65% 2,562.90 Workers Comp @ 4.73% + 54.18 Unemployment Insurance @ .10% $ 6,762.16 Total Benefits $ 54,1.84.00 per year 6,762.16 Benefits + 300.00 Mileage&Meals $ W46.16 TOTAL ANNUAL CONTRACT AMOUNT Contra Costa County Standard Form 6194 PANT i'R{2' ISIONS Number: (Fee Basis Contracts) 1. Pa33 t Amounts. Stlaject to the Pa ett rtmi 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.] Oa. $- monthly Ob. $26 05 per unit,plus an allowance for mileage&meals not to exceed$300.00. dc. $ after completion of all obligations and conditions herein. 2. Psk3amIi3_ ea3&u&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 fiom 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 Contractis made,or his designee,County will make payments as specified in Paragraph 1.(Payment Amounts)above. 3. Penalty for Lot--uhmiminn. 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. Rigbi 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 demands)for payment. 5. Audit ExcaW nc. 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 unifier this Contract. 6. Rgguired Alida. If Contractor is fintded 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 audit to County in the time,forms, 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. ENt)OF SECTION Initials: County Contractor G:\GMDa%\SpDist\Con utsTong Contract 2003 Payment Psovisiona.doc January 22,2003 Contra Costa County Standard Form 1187 GENERAL CONDITIONS (purchase of Services) 1. Compliance with Lain. 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 Contracto�r'ySubcontractor. Pursuant to Section 1861(v)(l)of the Social Security Act,and any regulations promu lgked 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 representatives,this Contract and books,documents,and records of Contractor that are necessary to certify the nature and extent of all costs and charges hereunder. Further,if Contractor carries out any of the duties of this Contract through a subcontract with a value or cost of $10,000 or more over a twelve-month period, such subcontract shall contain a clause to the effect that upon written request and until the expiration of four years after the furnishing of services pursuant to such subcontract, the subcontractor shall make available,to the County,to the Secretary or to the Comptroller General,or any of their duly authorized representatives,the subcontract and books,documents,and records of the subcontractor that are necessary to verify the nature and extent of all costs and charges thereunder. This special condition is in addition to any and all other terms regarding the maintenance or retention of records under this Contract and is binding on the heirs, successors, assigns and representatives of Contractor. 4, 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 -l_ Centra Costa County Standard Form 1187 GENERAL CONDITIONS ('purchase of Services) 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 cast 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 Ap-reement. This Contract contains all the terms and conditions agreed upon by the parties. Except as expressly provided herein, no other understanding, oral or otherwise, regarding the subject matter of this Contract shall be deemed.to exist or to bind any of the parties hereto. 7. Further Suecificatwous for ORerating 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 or 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 Lawand 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. IL Conformance with Federal and State Regulations and Laves. 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 he deemed amended to assure conformance with such Federal or State requirements. -2- Contra Crista County Standard Form 1/87 GENERAL CONDITIONS (Purchase of Services) 12. No Waiver by County. Subject to Paragraph 9. (Disputes) of these General Conditions, 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 therefore, or any combination of these acts, shall hot relieve the Contractor's obligation to fulfill this Contract as prescribed;nor shall the County be thereby stopped from bringing any action for damages or enforcement arising from any failure to comply with any of the termsand 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. Indepgpdent 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 pflsition afforded them by this Contract to influence,any goverrunental 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. 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,any list of persons receiving services,except as may be required in the administration of such service. Contractor agrees to inform all employees,agents and partners of the above provisions,and that any person knowingly and intentionally disclosing such information other than as authorized by law may be guilty of a misdemeanor. 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, chlor, 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,indemnify,save,and held 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 -3- Contra Costa County Standard.Perm 11$7 GENERAL CONDITIONS (Purchase of Services) 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 shah 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 $1,000,000 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 elfinsurance program(s) shall not be required to contribute to any loss covered under the Contractor's insurance policy or policies. b. Workers'Comi3ensation. The Contractor shall provide workers'compensation insurance coverage for its employees. c. Certificate of Insumuce. 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 pol cy(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. 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. Non-renewal. 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 of termination of this Contract, and waives all rights or claims to notice or hearing respecting any failure to continue purchase of all or any such services from Contractor. 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 in the same -4- Contra Costa County Standard Form,1/87 GENERAL CONDITIONS (Purchase of Services) person, or if this Contract results in the placement of taxable improvements on tax exempt land(Revenue& Taxation Code Section 107), such interest or improvements may represent a possessory interest subject to property tax,and Contractor may be subject to the payment of property taxes levied on such interest. Contractor agrees that this provision complies with the notice requirements of Revenue&Taxation Code Section 107.6,and waives all rights to further notice or to damages under that or any comparable statute. 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. Coy"I hts and Rights in Data. Contractor shall not publish or transfer any materials produced or resulting from activities supported by this agreement without the express written consent of the County Administrator. If any material is subject to copyright,the County reserves the right to copyright such and the Contractor agrees not to copyright such material. If the material is copyrighted,the County reserves a royalty-free,nonexclusive,and irrevocable license to reproduce,publish,and use such materials,in whole or in part,and to authorize others to do so. 26. Reguired 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 Contractors 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 conduct of the federally-required audit annually and shall submit the audit to County in the time,form,and manner required by the most current version of office ofManagement and Budget Circular A-133 anal by County. Contractor is solely responsible for arranging for the conduct ofthe 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. 27. Endorsements. Contractor shall not in its capacity as a contractor with Centra Costa County publicly endorse or oppose the use of any particular brand name or commercial product without the prior approval of the Beard.of Supervisors. In its County contractor capacity, Contractor shall not publicly attribute qualities or lackof qualities to a particular brand name or commercial product in the absence of a well-established and widely- accepted scientific basis for such claims or without the prior approval of the Board of Supervisors. In its County contractor capacity, Contractor shall not participate or appear in any commercially-produced advertisements designed to promote a particular brand name or commercial product,even if Contractor is not publicly endorsing a product, as long as the Contractor's presence in the advertisement can reasonably be interpreted as an endorsement of the product by or on behalf of Contra Costa County. Notwithstanding the foregoing,Contractor may express its views on products to other contractors,the Board of Supervisors,County officers,or others who may be authorized by the Board of Supervisors or by law to receive such views. END OF SECTION -5- —�tra Costa County Number: Standard Form 1/87 STANDARD CONTRACT Fund/Org#: 748914505 (Purchase of Services) Account#: 2310' Other#• 1. Contract Identlt'lcation, Department: Public"Works Department Subject: Administrative Aide Duties 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: Margaret Fong Capacity: Administrative Aide Address: 517 Andreas Court San Ramon,CA 94583 Telephone: (925)828-9243 3. Terra. The effective date of this Contract is March 1, 2003; it terminates February 28, 2304, unless sooner terminated as provided herein. 4. Pavrnent Limit. County's total payments to Contractor under this Contract shall not exceed$26.05 per how plus applicable County fringe benefits. In addition,an allowance for mileage&meals not to exceed$300.00. County's total payments to contractor shall not exceed$61,300.00. 5. County's Obliffations. County shall make to the Contractor those payments described in tate Payment Provisions attached hereto which are incorporated herein by reference,subject to all the terms and conditions contained or incorporated herein. 6. Contractor's,�C►bliga,tions. Contractor shall provide those services and carry out that work described in the Exhibit A attached hereto which 2s incorporated herein by reference,subject to all the terms and conditions contained or incorporated herein. 7. General and Stiecial Conditions. This Contract is subject to the General Conditions and Special Conditions(if any)attached hereto,which are incorporated herein by reference,excluding the Insurance section of the General Conditions. 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. 9. Legal Authority. This Contract is entered into under and subject to the following legal authorities: 10. Signatures. These signatures attest the parties'agreement hereto: MUl'tTY OF CO NIRA C©STA,CALWORNIIA BOARD OF SUPERVISORS ATTEST: John Sweeten,Clerk of the Board of Supervisors and County A 'strator By cf j> 3 Xi Xi; By nt Ilesignee Deputy CONTRACTOR By _ By Li (Designate business capacity A) (Designate business capacity B) "ote to Qutractor.For Corporations(profit or nonprofit),the contract must be signed by two orficers. Signature A most be that of the president or rice-president sad Signature 0 must be that of the secretary or assistant.secretary(Chir Code Section 1290 and Corporations Code Section,313). Ari signatures must be acknowledged as set forth on page two G.�Grpl)atalSpi7WontractsTong 2014Dc Janimry 22,2003 CALIFORNIA ALL-PURPOSE A40KNOWLEDGMENT State of California ss. County of C-cr On before me, ► +CC f (r, 1 t ' t C44 # c T}t,�6u + Noma end 7me of officer*s,`.lane Doer,NMN1k., personally appeared M° Q Na,nate}m � 0 personally known to me proved to me on the basis of satisfactory evidence _ to be the person(e) whose name) isla;a- ICH subscribed to the within instrument and Comrnkswn 1369362 acknowledged to me that+Wshe/twy-executed Notary NAft-CcsMMIG the same in -his/her/04& authorized Ccorma Cod*COY capacity(iss), and that by /#ter/t# 6Mcomm boetosc 10.2006f signature(s)on the instrument the person(f4,or the entity upon behalf of which the person(a) acted,executed the instrument. WITNESS my hand and official seat. S*atura of Notal Puboo OPTIONAL Though the information below is not required by Saw,it may prove valuable to persons relying on the document and could prevent haudulent removal and reattachment of this fora to another document. Description of Attached Document Title or Type of Document: Document Date: dumber of Pages: Signer(s)Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: MOM Individual Top of thumb here Cl Corporate Officer—Me(s): Ct Partner—C3 Limited 0 General © Aftorney-in-Fact * Trustee CI Guardian or Conservator 0 Other: Signer Is Representing: 0 iM N*WW Notary Asatlotstiat�•93 Do Sob Ave.,PA Bm 2402•Chew"Oh,CA 81813-2402•mwv.nabwainotarprq Pmd.No.5907 Aso0w Cafe rd ftae t-8 876-6827 EXMBIT A Contractor's Obligations. Contractor shall provide the following described services: A. Facility Programs and Rentals 1) Develop,coordinate and schedule recreational classes. 2) Initiate and coordinate advertising and program promotion literature and press releases. 3) Publicize,promote,book and manage all rentals at the MonTaraBay Community Center or other similar facilities. 4) Execute rental agreements. 5) Enforce program policies and rules. 6) Ensure that all program participants receive and sign the Release From Liability form and that a copy of said form is forwarded to Contra Costa County Public Warks Department when executed. 7) Ensure that roll is taken in each class session on forms approved by Contra Costa County Public Works Department. 8) Work each Monday at the MonTaraBay Cozrun=ty Center and work Tuesday through Thursday as assigned by the Contra Crista.County Public Works Department. 9) Negotiate with,and secure the services of qualified personnel to provide instruction in a variety of community classes, seminars and/or workshops. 14) :Provide oral presentations before civic and fraternal organizations,clubs and at public meetings. 11) Respond to programmatic and rental inquiries from the public. 12) Implement,oversee and administer the complete operation of the Adult Softball program at the MonTaraBay Ballfield Complex and/or at other similar facilities as assigned. B. Facility Maintenance 1) Ensure that the MonTaraBay Community Center,or similar facility where assigned,is in good working order and resolve all operational difficulties(i.e,,repairs,safety issues). 2) Order and maintain a stock of supplies(i.e.office,janitorial,program etc.) 3) At the Community Center/Recreation Facility where assigned,oversee the delivery of grounds maintenance services and ensure that the grounds are maintained in a clean and safe condition at all times. 4) Immediately notify the Contra Costa County Public Warks Department of any unsafe or dangerous conditions or equipment, 5) Report all accidents,incidents and/or injuries that occur on the appropriate Contra Costa County forms and submit to the Contra Costa County Public Works Department within 24 hours of the occurrence. 6) Contact the appropriate emergency resources in case of an emergency. 7) Oversee the janitorial staWservice at the Community Center/Recreation Facility where assigned and ensure that the facility is maintained in a clean and safe condition at all times. 8) Oversee the infield preparation of the ballfields.Ensure that the infields are free of hazards and that the equipment(i.e. bases,pitchers mounds,home plates)are installed and maintained in a safe,hazard-free condition at all times. C. Reportins,od,.Record Keerain¢ 1) Attend the bi-annual County Service Area M-17(MonTaraBay)community meetings and other meetings as deterrnir ed by the Contra Costa County Public Works Department, 2) As requested,prepare and provide written programmatic reports(including statistical and narrative documentation)to Contra.Costa County,Public Works Department,in a format determined and approved by the Public Works Department. 3) Prepare and provide budget reports regarding revenues and expenditures for the Community Center's programs,events and rentals,as requested by Contra Costa County,Public Works. 4) Prepare and submit all Fernand forms(Form#D 15.11)and Deposit Permits(Form#F34),(accompanied with original receipts and back-up documentation),in a timely fashion(minimally every 2-4 creeks). 5) Report to the Contra Costa County Public Works Department all complaints received and steps taken to resolve those complaints. 6) Maintain current file of all meeting agendas and minutes for County Service Area M-17(MonTaraBay). 7) Prepare,maintain and keep current,the Recreation.Center's Equipment Inventory hist in accordance with the standards and guidelines established by Contra Costa County Public Works Department and:the Auditor/Controllers Office. 8) Performm other duties as required by the Contra Costa County Public Works Department. 9) Assist in the preparation of the agenda,minutes and meeting notices for the bi-annual County Service Area M-17 community meeting or other meetings as assigned. C. Reppjgn and Record Keeping(continued) 10) Complete long term administrative projects,which may require statistical research,budget analysis,salary surveys, organizational studies,legislative analysis and oral/written reports. 11) Learn the structure and operation of County government. 12) Assist in gathering,tabulating and analyzing factual data. 13) Must possess a valid California Driver's License. 14) May periodically be stationed at other locations such as,but not limited to,the Lefty Gomez Recreation Center or the Crockett Community Center. 15) Other duties as assigned by the Contra Costa County Public Works Department. 16) Ensure that once$200 in cash or$1,540 in checks is accumulated at the conummity centers,that a bank deposit will be made. CONTRACT COMPUTATION Contractor shall work gpproximately 40 hours per week(more or less) at a rate of$26.05 per hour. 40 hours per week @ $26.05 per hour= $ 1,042.00 per week 52 weeks x $1,042.00 per week= $ 54,184.00 per year $ 4,145.08 FICA @ 7.65% 2,562.94 Workers Comp @ 4.73% + 54.18 Unemployment Insurance @ .10% $ 6,762.16 Total Benefits $ 54,184.00 per year 6,762.16 Benefits + 300.00 Mileage&Meals $ 61,246.16 TOTAL ANNUAL CONTRACT AMOUNT Contra Costa County Standard Form 6/90 PAYMNT,ERDVICICIN q Number. (Fee Basis Contracts) 1, Payment Amounts kr ` r in The PAymemt-Limitof 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.) Cla. $ monthly Ob. $2 per unit,plus an allowance for mileage&meals not to exceed$300.00. Etc. $ after completion of allobligations and conditions herein. 2. paeat 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, p, ft for Late Suhn-Accinn_ 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 reunbursement 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. Rigbt,to Nyit,bhnW 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. Audi t>F,xr a oris 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 perforin properly any of its obligations under this Contract. 6. Rgamirgd 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 m federal grant hinds 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 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. 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 amour#, whichever is larger, or the final payment, from Contractor until County receives the audit from Contractor. END OF SECTION Initials: G;ItAty Contractor G:1GgsData45pDistlCoeztractstFost Contact 2003 Payment P ovtsiomdoc ramary 22,2003 Contra.Costa County Standard Form 1187 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,Cast 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 Contractors 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 representatives,this Contract and books,documents,and record 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 $10,004 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 ofsmvices pursuant to such subcontract, the subcontractor shall snake available,to the County,to the Secretary or to the Comptroller General,or any of their duly authorized representatives,the subcontract and books,documents,and records of the subcontractor that are necessary to verify the nature and extent of all costs and charges thereunder. This special condition is in addition to any and all other tris regarding the maintenance or retention ofrecords under this Contract and is binding on the heirs,successors,assigns and representatives 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 $5,444. 5. Termination. a. Written Notice. This Contract may terminated by either party,at their sale 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 -l- Contra.Costa County Standard Farm 1187 GENERAL CONDITIONS (Purchase of Services) 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 reasonablemanner 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 Agyreeent. This Contract contains all the terms and conditions agreed upon by the parties. Except as expressly provided herein, no other understanding, orad or otherwise, regarding the subject matter of this Contract shall be deemed to exist or to bind any of the'parties hereto. 7. Further Stseeific�tions for Ctnerating� 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 Agreemehtssmay be approved and signed by the head of the County Department for which this Contract is made or his designee. 8. It .01 tcations and Amendmgnts. 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 or 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 Previsions 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.lurisdietion. a. This Contract is made in Contra Costa County and shall be governed and construed in accordance with the taws ofthe 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 Re Mations 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 he deemed amended to assure conformance with such Federal or State requirements. -2- Contra Costa County Standard Form 1/87 GENERAL CONDITIONS (Purchase of Services) 12. No Waiver by, County. Subject to Paragraph 9. (Disputes) of these General Conditions, 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 therefore,or any combination of these acts, shall'hot relieve the Contractor's obligation to fulfill this Contract as prescribed,nor shall the 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 of this Contract. 13. Subcontract and Assloment. This Contract binds the heirs, successors, assigns and representativesof 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 Clue,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. is. Conflicts of;lnterest. 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 871 00,et seq., or otherwise. 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 perinit or cause to be published or disclosed,any list of persons receiving services,except as may be required in the administration of such service. Contractor agrees to inform all employees,agents and:partners of the above provisions,and that any person knowingly and intentionally disclosing such information other than as authorized by law may be guilty of a misdemeanor. 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. Iri ftm molfi+eation. The Contractor shall defend.,indemnify,save,and hold harmless the County and its officers and employees from any and all claims, costs and liability for any damages, sickness,'death, or injury to person(s)or property,including without limitation all consequential damages,from any cause whatsoever arising directly or indirectly from or connected with the operations 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 -3- ...........................................................................................................­­­­ I ........................................................................................... ........................................................... Contra.Costa County Standard Form 1187 GENERALCONDITIONS (Purchase of Services) 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 $1,000,000 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 workerscompensation 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(les)or acquire either a new insurance pohcy(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. 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. Non-renewal. 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 of termination of this Contract, and waives all rights or claims to notice or hearing respecting any failure to continue purchase of all or any such services from Contractor. 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 in the same -4- Contra Costa County Standard Forth 1187 GENERAL CONDITIONS (Purchase of Services) person,or if this Contract results in the placement of taxable improvements on tax exempt land(Revenue& Taxation Code Section 147), 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 147.6,and waives all rights to further notice or to damages under that or any comparable statute. 24. No Third Parke Reneficiaries- 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. Comex r ghts and Rights in Rata. Contractor shall not publish or transfer any materials produced or resulting from activities supported by this agreement without the express written consent of the County Administrator. If any material is subject to copyright,the County reserves the right to copyright such and the Contractor agrees not to copyright such material. If the material is copyrighted,the County reserves a royalty-free,nonexclusive,and irrevocable license to reproduce,publish,and use such materials,in whole or in part,and to authorize others to do so. 26. Required Audit. If Contractor is funded by$25,444 or more in federal grant funds in any fiscal year from any source,Contractor shall provide to County at Contractors 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$25,440 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$144,444 or more in federal grant funds in any fiscal year from any source, Contractor shall arrange for conduct ofthe federally-required audit annually 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. Contractor is solely responsible for arranging for the conduct of the audit,and for its cost, and County may withholdthe estimated cost of the audit or 14 percent of the contract amount, whichever is larger,or the final payment,from Contractor until County receives the audit from Contractor. 27. 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 ifContractor is not publicly endorsing a product, as long as the Contractor's presence in the advertisement can reasonably be interpreted as an endorsement of the product by or on behalf of Contra Costa County. Notwithstanding the foregoing,Contractor may express its views on products to other contractors,the Board of Supervisors,County officers,or others who may be authorized by the Board of Supervisors or by law to receive such views. END OF SECTION -5- QUESTIONNAIRE FOR.DETERMINING INDEPENDENT CONTRACTOR PAYMENT METHOD All new or renewal independent contractor agreements that do not meet IRS criteria for independent contract stags must be paid through the payroll system so that withholding taxes and Social Security can be deducted (note. this does not apply in the case of contracts with corporations, temporary help agencies, partnerships) For completion by Department Personnel YES NO a. Do 1, as the employer, have the ri t to control not only the result of the worfc, but also the way in which it is done? (X ) { } b. Am I setting the independent contractor's hours? (X ) { } c. Is the independent contractor restricted from taking jobs from other businesses at the same time they are working for me? { } { X } d. Do I or other departments have employee(s) with similar duties as the independent contractor? { ) ( X ) e. Does the County supply assistants to the contractor? (X ) { } f. Is the duration of employment for a specific period of time rather than a specific job? (X ) { } g. Goes the County furnish training,tools,or equipment to the contractor? ( X ) { } A "yes" answer to any of the above questions will constitute justificab. r paying the contractor through the payroll system. CONTRACTOR CERTIFICATItON PREPARED BY: I certify that the answers to the above questions accurately reflect the anticipated REVIEWED AND APPROVED BY: wor 'ng relationship. :kw SIN99 G,\\G►pData'SpDist\C:CSN`T'RACTS\Questianaire-CauntyContracotr doe ............................................. ..... f J • W-4 Employee's Withholding Affowance Cec#��cate �"`,�u,M Inti ewe g ndc„ r€w Macy Ad na Popenvo k Fl amdon Ate No**,w*lovenc ., Ten—A Ammueowm Ate l""T OR RURAL Imm0 LI tAtR#S .tui+ r naccDAY w I » A MM IF axbl*yw"mW,..n r +ova*o,.swam ftr 4 `0MtAST WAW*M f�ROOt1 Ti{kT d4TgJFifIOi At kY�CdR�; CAP ass CHECK HEN ANO CAU 1.lOD.77T.#13 FOR>R iF1FCRAi1tT�ON . _...�..� d. . $ � � rar�..e ++�n��tos�.na�a�,�,ak i e sc�,a��adiow�,p�naao� ro►. j r tat year i fail a b a o f ALL r i �.Ux wM**d Wmo*i hW$0 i x UbMJtj,Aft 1 •' *"ol taper a►fid of btu.f`oilwal,-in W to***mid Now"l ber few 00 NX tab*.*'. I Irma" f. r + MUR I-"— .1 Caw"T""IAM TO n4 iM OF WITH ONTHW CE TETo 18901MtM 0- 11 11 NAtiEANG 9AM11 YiF TOW 90— ! OMM com10 d CONTRA:COSTA COUNTY,625 COURT STREET,MAR'i WIEZ CA 94653 � 94-60W-%S- ................... 4-6tiW - ti•