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HomeMy WebLinkAboutMINUTES - 02032004 - C27-C32 TO: BOARD OF SUPERVISORS Contra FROM: Steven L. Bautista, County Probation Officer y,µ Costa DATE: February 3, 2004 County SUBJECT: Inter-County Placement Agreement--Solano County /" AL- SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: Approve and authorize the County Probation Officer to execute a contract with Solano County for the placement of Wards at the Fouts Springs Youth Facility in the amount of $3,500 per month per ward, effective February 1, 2004. BACKGROUND: Solano County operates their girls ranch program under the provisions of Article 24 of Chapter 2 of Part 1 of Division 2 of the Welfare and Institutions Code of the State of California. The ranch has 40 beds for delinquent girls, which exceeds their needs. They make beds available to other counties under the provisions of Section 888 WIC. Section '755 WIC allows the Juvenile Court to permit a ward's placement out of county under the supervision of the Probation Officer of that county. Contra Costa County does not have a similar program and this program would enhance the treatment options for delinquent girls. The program would be ideal for delinquent girls resistant to therapy, who have a history of running away, and are a threat to the community but their crimes do not warrant a commitment to the California Youth Authority. CONTINUED ON ATTACHMENT: YES SIGNATURE: ---k,::-RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE --4,-kPPROVE OTHER SIGNATURE(S)': ._____. -----------------------—---------------- _- — ACTION OF BOAO vapAPPROVE AS RECOMMENDED OTHER t VOTE OF SUPERVISORS i HEREBY CERTIFY THAT THIS IS A TRUE / AND CORRECT COPY OF AN ACTION TAKEN UNANIMOUS(ABSENT l �, _ _ ) AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE AYES: NOES: SHOWN. ABSENT: ABSTAIN: ATTESTED CONTACT: Steve Bautista—3-4180 JOHN SWEETEN,(%Eft HE BOARD OF SUPERVISORS AND CC: County Probation Officer COUNTY ADMINISTRATOR County Administrator County Auditor-Controller Solano County via Probation 6&�t&�DEPUTYBY Probation Department Contra Steven L.Bautista County Probation Officer Administrative Offices Costa 50 Douglas Chive Suite 201 Martinez,California 94553-8500 County (925)313-4180 (925)313-4191 FAX �7J TO: George Roemer, DATE: January 14, 2004 County Administrator's Office FROM: Ste n L. cutis a, SUBJECT: Inter-County Agreement, Solano County Probation Officer County-Fouts Springs Ranch We are requesting to use the Fouts Springs Youth Facility as a placement for female minors who are Wards of the Juvenile Court. Fouts Springs is a county run (Solano County) ranch program with a maximum of 40 beds for delinquent girls. It is located in a remote area(Stonyford, CA) and the program is five to seven months in duration. Contra Costa County does not have a similar program and this program would be ideal for girls resistant to therapy, who have a history of running away, and are a threat to the community but their crimes do not warrant a commitment to the California Youth Authority. The program rate for space available beds at the facility is $3,500 a month for the fiscal year 2003-2004. Solano County has sent us the space available user contract, which is attached. Both County Counsel and Risk Management have reviewed and approved this contract. Also attached is a Board Order authorizing the County Probation Officer to enter into this contract with Solano County for space available placements at a monthly rate of$3,500 per ward. Please have this contract placed on the February 3, 2004 agenda of the Board of Supervisors. SLB:ds Attachments C/foutssprings,04 01/02/04 16:35 FAX 530 963 3486 FOU'TS SPRINGS YF IZO03 SPACE AVAILABLE AG12XEMEl'dT GIRLS PROGRAM RE: FOUTS SPRING; YOM FA-CUL-1TY THIS AGREEMENT,is made and entered into as of the day of ,2003 by and between COUNTY OF SOLANO, a political subdivision of the State of California for the benefit ofFOUTS SPRINGS YOUTH.FACILITY(hereinafter, "Facility")and COUNTY OF , a political subdivision of the State of California(hereinafter"User County"), and ending September 30,2004. W TTNES SETH WHEREAS, the contracting parties are mutually desirous of providing appropriate facilities for the housing of wards of the juvenile court committed thereto, by the establishment of a youth facility pursuant to the Article 24 of Chapter 2 of Part 1 of Division 881 of the Welfare and Institutions Code; and WHEREAS,the Facility was created and established by the Counties of Solana, Colusa and Placer hereinafter referred to as Establishing Counties, for the purpose ofhousing wards of the juvenile court committed thereto from said Counties; and WHEREAS,from time to time there exists accommodations in said Facility beyond the needs of . the Establishing Counties thus enabling the Establishing Counties to receive in the Facility juvenile court wards from other counties to the extent of such excess accommodations; and WHEREAS, the Facility is willing to receive juvenile court wards from other;counties to the extent that the placement needs of the Establishing Counties are to be met before juvenile court wards from other counties will be received and kept in such Facility; and WHEREAS, the User County desires to place wards of its juvenile court in said Facility to the extent that such excess accommodations may exist, subject to said condition; and WHEREAS, the contracting parties agree to provide space for User County Wards for the sum of THREE THOUSAND FIVE HUNDRED ($3,500.00)per month per ward. contract 01/02/04 16:35 FAX 530 963 3486 FOUT5 SPRING$ YF Z004 PARTIES HERETO TSO CC-N—T1&4CT ASTOL I. User Counties, in consideration of the Establishing Counties providing accommodations for its juvenile court wards, agrees to pay the Facility$3,500 per month per ward and the Facility agrees to accept 53,500 per month per ward. This payment shall cover all costs with respect of the care and maintenance of the wards of the User County, except for the following: a. Costs of any hospital,medical or surAocal care and treatment of any of said wards; b. Costs of dental care; C. Costs of transportation and maintenance between User County and said Facility. d. Cost of care if detained in the juvenile hall of the Establishing Counties, said cost to be the cost of maintenance and operation per child per day as determined for the preceding year. e. User County is responsible for transportation of committed,wards to and from Facility. Itis understood and agreed that the amount of consideration does not necessarily represent the actual cost monthly per ward of maintaining and operating the Facility. Facility will review rates annually, at least sixty(50) days before the end of each fiscal year and notify User County of any rate increase which will become effective July 1 st of the ensuing fiscal year. 2. It is expressly agreed and understood that Facility will provide periodic medical examinations during our monthly clinic from our visiting doctor or emergency treatment provided by our staff"correctional care nurse at the Facility at no additional cost to User County. 3. Wards committed to Facility will be committed by Juvenile Court Order and Facility will assume custody of said ward or wards when delivered to ars authorized employee of Facility. 4. WDEMNIFICAMON. A. Facility agrees to indemnify, defend and hold harmless User County and User County's officers, employees or agents from all liability for any loss,damage or injury to persons or property arising from or related to the performance of this agreement, C=tMct 01/02/04 16:35 FAX 530 963 3486 FOUTS SPRINGS YF 4005 including casts and attorneys fees and without limitation all consequential damages, arising out of'negligent or intentional acts or omissions of Facility, its employees or agents. B. User County agrees to indemnify, defend and hold harmless Facility and Facility's officers,employees or agents from all liability for any loss, damage or injury to persons or property arising from or related to the performance of this agreement, including costa and attorneys fees and without limitation all consequential damages, arising out of negligent or intentional acts or omissions of User County, its employees or agents. 5. Facility is under no obligation to accept the wards of User County, and the Superintendent of Facility may,in his discretion, decline to accept or retain said wards if by reason of limited facilities or other conditions affecting the welfare of the wards at the Facility, it appears to be undesirable. 6. This contract may be terminated at anytime by either party hereto,upon a thirty(30) days' written notice to the other party. 7. This agreement shall take effect on (date): 8. NGl3-DI CRIMINATTCJN . Zn rendering services under this Agreement, Facility and User County shall comply with all applicable federal, state and local laws and regulations and shall not discriminate on the basis of age, ancestry, color, marital status, medical condition, national origin,physical or mental disability, race,religion or sexual orientation. 9. ASSIGNMENT, User County may neither assign nor delegate any of its rights or duties under the terms of this agreement contract without prior written approval of the Facility. 10. A , ERATION. No modification or variation of the terms of this contract shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto 11. NOTICE. Any notice provided for or permitted by this agreement shall be given,by deposition said notice in the United States Mail,postage prepaid and address as follows: FACILITY; Fouts Springs'youth Facility P.O. Box 189 Stonyford, CA 95979 USER COUNTY: contract v 01/02/04 16;36 FAX 530 963 3488 FOUTS SPRINGS YF IN WITNESS WHEREOF, Facility and User Counties have executed this agreement by causing it to be subscribed by the Chainman of the Board of Supervisors of the User County and the Superintendent of Fouts Springs Youth Facility, and attested by the Clerk of the Board of Supervisors thereof,the day and year first hereinabove written. SUPERIINTENDENT FOUTS SPRINGS YOUTH FACILITY BRIAN L. COOLEY Superintendent of the Fouts Springs Youth Facility $ C4' an f the Board of Supervisors of the County of State of California couua�t TO: BOARD OF SUPERVISORS }��:...� ` CONTRA COSTA FROM: John Sweeten y,; COUNTY County Administrator DATE: February 3, 2004 SUBJECT: Zero Tolerance For Domestic Violence Evaluation SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND J'USTIFI'CATION RECOMMENDATION(S): APPROVE and AUTHORIZE the County Administrator, or designee, to execute a contract with Applied Survey Research, Inc. (ASR) in an amount not to exceed $40,000 for the period from January 15, 2004 to January 14, 2005 for evaluation of the Zero Tolerance for Domestic Violence Initiative. FISCAL IMPACT: In July 2001 the Governor signed into law SB 425 (Tolarkson), the "Contra Costa County Zero Tolerance for Domestic Violence Act, giving the Board of Supervisors authority to increase fees for certified copies of certain vital records, to fund governmental oversight, coordination and support of the County's Zero Tolerance for Domestic Violence Initiative in particular and overall efforts in the County to eliminate Domestic Violence, Family Violence, and Elder Abuse. Funding is provided by Special Revenue Fund 0586. CHILDREN"S IMPACT STATEMENT: The Zero Tolerance for Domestic Violence Initiative supports all five Contra Costa County Children's Report Card Outcomes "Children Are Healthy and Ready for School,,' "Youth Are Healthy and Preparing for Adulthood," "Families Are Economically Self-Sufficient," and "Families and Communities Are Safe, by reducing harm done to children who witness violence, increasing safety and employability of victims, and enhancing quality of life. CONTINUED ON ATTACHMENT: YES SIGNATURE: v---RECOMMENDATION OF COUNTY ADMINISTRATOR—RECOMMENDATION D COMMITTEE _.=-MPROVE OTHER SIGNATURE(S): _ACTION OF�Bfl ON , APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS r I HEREBY CERTIFY THAT THIS IS A UNANIMOUS(ABSENT _-_ ) TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN O AKE AND ENTERED ABSENT: ABSTAIN: ON MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact:Devorah Levine 335-1017 _ ? ATTESTED JOHN SWEET ,CLERK OF THE BOARD OF SUPERVISORS AND COUWrY MINIS- TOR cc:Devorah Levine,CAO BY Jr i 73TY ...........................I................. ......................-.............................................................. BACKGROUNDIREASON(S) FOR RECOMMENDATION(S): Since its inception, the Zero Tolerance for Domestic Violence Initiative (ZTDV) has been recognized for its innovation in the area of system change through a comprehensive, coordinated, community-wide approach that interrupts the progressive cycle of violence, recognizing the cost effectiveness of integrated and collaborative service strategies. On August 5, 2003, the Board of Supervisors accepted the 2002-2003 Zero Tolerance for Domestic Violence Annual Progress Report which included a recommendation to strengthen evaluation efforts in order to attract additional funding, identify needed changes, and prepare for a report to the Legislature in 2006 required by SB 425. Performance outcomes showed significant improvement, such as reduced repeat offenses among misdemeanor offenders supervised by the Domestic Violence Court, increased convictions in misdemeanor domestic violence cases, reduced number of children witnessing violence and increases in the number of people accessing services. Evaluation is a critical part of the overall initiative, promoting accountability and generating critical data to determine whether activities must be continued, redesigned or eliminated. ASR will assist the initiative in creating consistent methodologies for data collection and track system outcomes, thereby improving the quality of system responses and allowing the initiative to appropriately report to the Legislature in 2006 on the effectiveness of the Zero Tolerance for Domestic Violence Initiative. ......................... _.._.. ......... ......... ......... ......... ......... ......... ....._.._.._... . .. _..... .......... ._......._. ....... ............................ . ......... .......... ......... ......... .......... TC}3 BOARD OF SUPERVISORS FROM: Maurice M. Shiu, Public Works Director DATE: February 3, 2004 SUBJECT: Consulting Services Agreement with"DaRold Designs"for graphic design assistance related to the grant-funded Contra Costa County Marina Program, Countywide. (95% CALFED/SWRCB Proposition 13 Grant Funds& 5%County Watershed Program) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION L Recommended Action: APPROVE and AUTHORIZE the Public Works Director, or his designee, to execute a contract with "DaRold Designs" in the amount of $48,151 to provide services Countywide for the development, administration and implementation of the Contra Costa County Marina Program for the Unincorporated County Clean Water Program, for the period February 1, 2004, through June 30, 2006. (95% CALFED/SWRCB Proposition 13 Grant Funds &5%County Watershed Program) (All Districts) II. Financial Impact: There will be no impact to the General Fund. The County will fund this contract with primarily grant funds and a small portion of stormwater utility assessment revenue. Continued on Attachment: x SIGNATURE: RECOMMENDATION OF BOARD COMMITTEE ROVE OTHER SIGNATURE(S): ACTION OF BOA 1 F. 4_iPPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS UNANIMOUS (ABSENT-P Q ) AYES: NOES: ABSENT: ABSTAIN. I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on RL:TR:cw the date shown. G:\GrpData\FldCtl\Administration\Board Orders \2004 BO\DaRoldDsgn_BO 04-06.doc Orig.Div:Public Works(Flood Control Engineering) ATTESTED: J'` Contact: TonyAudit Redfield,(925)Contracts JOHN SWEETEN Clerk of the pard of upervisot and cc: Auditor-Controller-Contracts CAO County A strator Dave DaRold,DaRold Designs P.O.Box 72315 E Gx L Davis,CA 95617 B /`Tq t✓l y i rJ' S Deputy SUBJECT: Consulting Services Agreement with"DaRold Designs"for graphic design assistance related to the grant-funded Contra Costa County Marina Program, Countywide. (95% CALFED/SWR.CB Proposition 13 Grant Funds & 5% County Watershed Program) PAGE: 2 DATE: February 3, 2004 III. Backuound and Reasons for Recommendations: The Sacramento and San Joaquin Delta(Delta)is a valuable water resource for the State and contributes approximately 42% of the natural water runoff in the State. In addition to providing water for irrigating agricultural lands, the Delta is a substantial drinking water source for 2 million customers in the Bay Area and over 450,000 local Contra Costa County residents. Further, over 22 million Californians receive part or all of their drinking water from the State Water Project that draws water from the southern Delta. Simultaneously, these same waterways and channels support various recreation activities and border some of America's fastest growing urban cities, Brentwood and Oakley. Contra Costa County alone is home to approximately 19% of California's 880,000 registered boaters. There are about 50 marinas in the East County project area alone. Additionally, it is expected that the population in the five counties adjoining the Delta may increase to 5.2 million by the year 2005. The Delta also provides valuable habitat for a variety of fish and wildlife including ninety-one species of fish and 225 species of birds. The Pacific Flyway also passes directly over the Delta providing precious habitat for migratory birds and other wildlife. In September 2002 the Contra Costa County Watershed Program(CWP), under the County Public Works Department, applied for and was awarded a Proposition 13 Grant ($985,000)from the State Water Resource Control Board to implement, "The Water You Play In Is The Water You Drink" (Program). The Program was designed to improve and preserve water quality in the Delta while meeting the requirements of the County's Joint Municipal National Pollutant Discharge Elimination System (NPDES) Stormwater Permit. The Program is designed to utilize education and infrastructure as a means to study and implement actions that target non-point source pollutants contributed through marina operation and recreation boating. Pollutants such as pathogens(overboard sewage discharge and pet waste),petroleum hydrocarbons(MTBE containing fuel, oil, contaminated bilge water, and solvents), and other liquid wastes(engine and hull maintenance and general marina activities)can be generated and inadvertently discharged into the Delta during recreational boating, waterfront residential occupancy and marina activities. The contract with"DaRold Designs"will provide graphic designs for use in various media for outreach to the boating community and others with information and notices regarding proper management of waste materials and other pollutants. IV. Consequences of Neizative Action: The County will be unable to meet the provisions of the contract entered into with the State Water Resource Control Board for the Proposition 13 grant funds. This may results in loss of approximately one million dollars in grant funding. _ ...... _... aONSULTING SERVICES AGREEMENT 1. Special Conditions.These Special Conditions are incorporated below by reference. (a) Public Agency: __-- Contra Costa County Public Works Department (b) Consultant's Name&Address: DaRoid Design P.O. Sox 72315 y _ Davis. CA 95617 (c) Project Name umber,& Location: Contra Costa County Marina Proaram Graphic Design Assistance. (d) Effective Date 04. (e) Payment Limit(s):$48,151 (f) Completion Date(s):dune$0,2006. (g) Federal Taxpayer's I.D. or Social Security Number:557-74-6838. 2. Signatures. These signatures attest the parties'agreement hereto: PUBLIC AGENCY. .CONSULTANT. By: Maurice M. Shiu Public Works Director/ By; _, o c<.,y, Sc,,r,,e.0 � Chief Engineer, or Designee (Designate official parity in the business Type of Business: v (sole proprietorship, government agency, partnership,corporation, etc.) f` If Corporation, State of Incorporation: By: By, (Designate official capacity in the business) 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 County of ,1c` 0 ss. ��� �` U, C..C,. On the date written below, before me, the undersigned Notary Public, personally appeared the person signing above for Consultant, personally known to me(or proved to me on the basis of satisfactory evidence)to be the persor4rwhose name(�is/aa wgubscribed to the within instrument and acknowledged to me that he/executed the same in -authorized capacity( and that by his�rafteir si his/ 1l�i gnature+�on the instrument t person(�or the entity upon behalf of which the person( 'cted, executed the instrument. WITNESS my hand and official seal Dated: Y_11 0 0\, � . -'r Notary Public (Notary's Seal) 14P14WON LAN©ON cWR CAHRI TfiNSEN coasmat M d� 32476 Notary Pubic.CCllfotNq yolo County My Comm.€xplift Ad 27.2007 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 Appendix A, attached hereto and made a part hereof by this reference. 6. Report 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 specified 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 and a maximum deductible of $ 1,004.000, and (c) Comprehensive'General Liability Insurance, including blanket contractual (or contractual liability) coverage, broad form property damage coverage, and coverage for awned and non-owned vehicles,with a minimum combined single limit coverage of$ 1,000,000 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, , 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 days' 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 B 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 B shell 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. 13. 4wnershio 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. 14. Extra Work. Any work or services in addition to the work or services described in Appendix A shall be performed by Consultant according to the rates or charges listed in Appendix B. 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 to the 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 law 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 hereby waives the removal provisions of Code of Civil Procedure Section 394. 19. Compliance with Laws. In performing 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. Assignment. 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 plans, 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 ether 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. 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") prising 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. Pro ec '� lel. In performing the services under this Agree;�s��ultant shall use the personnel pendix C, attached made a part hereof by this reference. Changes in proje ay only be made with Public Agency's written consent, and Con a notify Pub i in writing at least thirty (30) days in advan y proposed change. Any person propo a replacement shall possess Eng, experience and credentials comparable to those of the being replaced. 28. USE THE FOLLOWING PARAGRAPH FOR FEDERAL AID FUNDED PROJECTS ONLY Consultants must give consideration to DBE Firms as specified in 23 CFR 172.5te} Attachments:Appendix A, Appendix B Form approved by County Counsel(3100) G:\GrpDatalFldCtllNPDES1MARINAGRANnCONTRACT1GraphicDesign\CnsitServsAgrmt DaRo Id 03_06.doc Ap�U) ixA Scope of Services February 1,2003—June 30,2006 Professional Services for Contra Costa County Watershed Program "Marina Program" 1. BACKGROUND AND PURPOSE Contra Costa County is home to approximately 19% of California's 3$0,000 registered boaters. There are approximately 57 recreational boating marinas in the County. The Contra Costa County Watershed Program(CWP), a division of the Public Works Department and lead for this project, acknowledges the;immediate need to enhance and protect the San Joaquin Delta water quality from non-point source pollution. The primary source of drinking water for 450,400 residents in Contra Costa County is drawn from two intake facilities(Old River and RockSlough)within the project boundary. Further, over 22 million Californians, including over 2 million in the Bay Area, receive part of their drinking water from the State Water Project's facilities located in the southern Delta. The CWP was awarded a Proposition 13 CALFED Drinking Water Quality Grant November 2002 to fund the"Contra Costa County Marina Program" (Program). The implementation of the Program is scheduled to begin in December 2003. The GWP has partnered with 5 pilot marinas and various other watershed stakeholders to target recreational boater habits and marina operation as a means to preserve drinking water quality,beneficial uses, and the environmental health in the Delta. The Program will study and then implement actions that will reduce the cumulative impacts of pathogens (overboard sewage discharge, i.e. black water, and pet waste),petroleum hydrocarbons (methyl-tertiary-butyl-ether [MTBE] containing fuel, oil,contaminated bilge water, and solvents), and other liquid washes(engine and hull maintenance and general marina activities) generated during recreational boating and marina activities. Il. GRAPHIC DESIGN&TECHNICAL ASSISTANCE DaRold Designs(Contractor)will provide graphic design and other technical support for the Program. The tasks to be completed by Contractor are outlined below and may be subject to change upon agreement by both parties. Task.A: Recreational.Boater Map 1. Work with County consultants from the California Coastal'Commission (CCC)and Department of Boating and Waterways(DBW)to obtain GIS data to design of a recreational boater map. The GIS database will contain all marina characteristics(marina locations, sewage pump outs, fuel, and restrooms)and can be used as a template for the County's map. a) One side will be the map and the other will outline various contact numbers and environmentally sound boating practices. The waterproof map will fold so that it fits into the glove box of a ski boat. The map side will also contain various channel and island characteristics,locations of marinas and their services, certified collection centers, and other useful boater information. 2. Work with a printer to set up the printing and delivery of maps to the County. Cost for production and distribution of the maps will be covered by a separate funding source from this contract Task B: Resign Campaign Mogan and Logo 1. Work with the existing marina program name, "The Water You Play In Is The Water You Drink"to create a campaign slogan and logo. The slogan and logo will appear on all promotional items, in literature,',press kits, recreational boating map, and signage at marinas. a) It is expected that this will entail a minimum of 3 meetings with County Staff to view conceptual designs to finalize the design and slogan. Task C: Assist with Launch of Recreational Boater Outreach Campaign 1. Work with the CCC and the DBW to design a counter-top display for boat maintenance shops and marine supply stores. a) The display will likely portray the program logo and slogan and have tear-away information or wallet cards for boaters to take. 2. Design and assist with compiling promotional items for the Boater Kits. a) Work with County staff to select and design promotional items. b) Identify distributors and obtain cost estimates for promotional items. c) Work with distributors to design product layouts and/or logos. d) Provide County staff with order specifications and recommendations. The County will order all items directly from the distributors therefore this contract will not cover the cost of purchasing products. 3. Assist in the development of special event backdrop a) Obtain price quotes on tabletop and self-standing backdrops. b) Design backdrop based on specifications given by County Staff. 4. Design a series of 3, 8 'h"x 11"promotional flyers to be printed and distributed by the County to Marina operators. a) The flyers will outline the main aspects of the program, new developments,contact numbers, and other useful marina information. 5. Design 4 different newspaper ads targeting recreational boaters to encourage safe and environmentally sound boating practices. 6. Assist County Staff in approval of quarterly newsletters(The Changing Tides)developed by the Southern California Clean Boating Network. Review will determine that the layout, logos and campaignslogan are integrated appropriately. 7. Work with a County designated web-designer to assist with design specifications and layout recommendations for a web page. 8. The cost for all printing,distribution, and web page setup will be covered by a separate funding source from this contract. Task D:Develop and Acquire various Marina Signage 1. Work with the Program's partners, such as the CCC and IBW, to design signage for various locations at the 5 participating marinas. a) Examples of directional signs include: "hazardous materials drop off'area,"Pet walk" areas, "Restrooms". 2. Examples of informational signs include: "Recycling/Refuse"(with types of materials to recycle); up to 5 informational Kiosks with name of marina, area to act as bulletin board with protective cover and place to put brochures for the public; Fueling procedures; Pump-out procedures; hazardous materials drop-off specifications; fishing line recycling; identification of environmentally sound infrastructure or practices. All cost production of signs will be covered by a separate funding source from this contract. Task E: Storm Drain Marker Design 1. Design a Storm Drain Marker for placement on storm drains and catch basins in close proximity to the marina in the project area. This design will depict a variation of the Program slogan and logo. Task F: Design Marina Certification Flags/Signs 1. Work with County staff and consultants from the CCC and DBW to design a Universal"Clean Marina"flag/sign as part of a pilot recognition program to promote marinas that adopt environmental friendly operational practices. Task G:Reporting 1. Provide quarterly updates on the status of tasks and relay any necessary adjustments to the deliverable time-line. These updates can be in the form of email for hard copy. 2. Submit a final update by February 1, 2006 to be used by County staff in the Final Project Report due to the State Water Resource Control Board on March 15,2006. Content of the final update will be determined by August 15,2005 Task H: Provide Other Technical Support as Needed 1. Attend various meetings on an as-needed basis such as; a) On-going technical advisory committee meetings b) Various planning meetings with marina operators c) Quarterly meetings of the Sacramento/San Joaquin Delta Chapter, Clean Boater Network 2. Assist County staff with the set up of 4 power point presentations that will be used to educate various audiences about the program. Specifically,the Contractor will assist with the basic slide show layout and inclusion of photos and other graphics. 3. Due to the nature of this pilot program, it is anticipated that unforeseen tasks may come up. These tasks will be assigned as needed therefore this scope should accommodate a number of design hours for such instances. III. TERM OF AGREEMENT The Agreement period will be from February 1, 200xthrough June 30,2006. Although the term of this agreement is through June 30,2006, the majority of these tasks will need to be completed by the tentative program launch dates April 15, 2006. A timeline will be determined though meetings between the Contractor and County Staff. APPENDIX B Professional Services / Rates as of January 12, 2004 CONTRA COSTA COUNTY WATERSHED PROGRAM "Marina Program" Personnel Expenses Title Hourly Rate Est. Hours TOTAL Dave DaRoid, Owner $85.00 525 $44,625.00 (Graphic Designer, Illustrator, Project Coordinator) Responsibilities. To provide graphic design and other technical support for the "Marina Program" See atached TASKS for specifics. Non-personnel Expenses Travel $ 2,876.00 Postage & Printing (Rough drafts, sample sprinting, etc.) $ 650.00 $ 3,526.00 TOTAL, BUDGET $48,151.00 1/1 2/OA*DaRold DeSigns•(530)758-1379 ''I'll'-,................................................................................................................... ...... .............................................................. TO: BOARD OF SUPERVISORS William Walker, M.D. , Health Services Director FROM: By: Jacqueline Pigg, Contracts Administrator Contra Costa DATE, January 21, 2004 County A"41h. SUBJECT: Approval of Contract #76-520 with Scott T. Anderson, M.D. C4VO SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDED ACTI : Approve , and authorize the Health Services Director, or his designee, (Steve Tremain, M.D. ) , to execute on behalf of the County, Contract #76-520 with Scott T. Anderson, M.D. , (Specialty: Rheumatology) , a self-employed individual, in an amount not to exceed $55, 000, for the provision of professional Rheumatology services to patients at Contra Costa- Regional Medical Center, for the period from January 20, 2004 through January 31, 2005 . FISCAL IMPACT: This Contract is funded by Enterprise I Budget . Cost to the County depends upon utilization. As appropriate, patients and/or third party payors will be billed for services . BAQKQRQ=/REASOX(S) FOR RECOMMENDATION(S) : For a number of years the County has contracted with Medical and Dental Specialists to provide specialized professional services which are not otherwise available in its hospital and clinics . Under Contract #76-520, Scott T. Anderson, M.D. will provide Rheumatology services to patients at Contra Costa Regional Medical Center, including, but not limited to, clinical coverage and consultation, through January 31, 2005 . CONTINUED QNATI6!QHMENT: YES 51-GNATURE. COMMENDATION OF COUNTY ADMINISTRATOR EC4MENDATION OF BOARD COMMITTEE ROVE OTHER SIGNAIURE ACTION OF soARD,6 APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS (ABSENT 2_V1_1L) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: OF SUPERVISORS ON THE DATE SHOWN. ATTESTED..-SZea `�­""�t-OL JOHN SWEETEN,CLERK&THE-60ARD OF ContactPerson: Steve Tremain, M.D. (370-5122) SUPERVISORS AND COUNTY ADMINISTRATOR CC: Health Services Dept. (Contracts) Auditor-Controller Risk Management BY C DEPUTY Contractor TO: BOARD OF SUPERVISORS ROM-. William Walker, M.D. , Health Services Director BY: Jacqueline Jac Pi - Contra Costa � Pigg, Contracts Administrator DATE: January 21., 2004 jCounty SUBJECT: Correct Board: Order for East Bay Neonatology / SPECIFIC REQU STJS;OR RECOMMENDATION(S)&BACKGROUND AND JUS'TIFICA'TION RE-C9=NPATIQX(.9) :) Correct the Board Order action approved by the Beard of Supervisors on December 2, 2403, Agenda Item (C.130) , Contract #26-355-4 with East Bay Neonatology, to correct the term of the Contract from January 1, 2004 through December 31, 2007 to January 1, 2004 through Decertber 31, 2006, for the provision of neonatology services at Contra Costa Regional Medical Center. FISCAL IMS' Funding for this contract is included in the Department's Enterprise I Budget . As appropriate, patients and/or third party payors will be billed for services . The number of deliveries at Contra Costa Regional Medical Center continues to increase, as does the percentage of high risk mothers;. This service provides additional support to staff involved in the care of newborns and is consistent with the Department 's efforts to reduce risk to the County. On December 2, 2403 , the Board of Supervisors approved Contract #26-355-4 with East Bay Neonatology, for the period from January 1, 2004 through December 31, 2407, for the provision of neonatology services at Contra Costa Regional Medical Center. ' Unfortunately, the Board Order reflected an incorrect term. The term should read a three year term ending December 31, 2006, as mutually agreed upon by both County and Contractor, instead Of a four year term ending December 31, 2007 . The purpose of this Board Order is to correct the term allowing the Contractor to continue to provide neonatology services through December 31, 2006 . YES RECOMMENDATION OF COUNTY ADMINISTRATOR COMMENDATION OF BOARD COMMITTEE 'APPROVE OTHER SIG NATUREfS ACTION OF BOARD 'L5t�: f APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS ' A 1 #HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS (ABSENT - } AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. t ATTESTED �ty JOHN SWEETEN,CLORK OF TAE BOARD ,F SUPERV# ORS AND COUNTY ADMINISTRATOR Contact Person: Jeff Smith, M.D. 370-5113 }� CC: Health Services Dept. (Contracts) Auditor-Controller r r' Risk Management BY ar QUTY Contractor C.32 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on February 10, 2404,by the following vote: AYES: Supervisors Gioia,Uilkema, Greenberg, DeSaulnier and Glover NOES: None ABSENT: None ABSTAIN: None SUBJECT: RELISTED to an underteined date; consideration to Approve and Authorize the General Services Director, or designee, to execute a consulting services agreement with Kate Keating Associates, Inc., in the amount of$48,400 to provide design and construction administration services for the Countywide Standard Signage Program for the County Administrator's Office. I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. Attested: February 10, 2004 John Sweeten,Clerk of the Board Of Supervisors and County Administrator By: `, ' ,� ,r � Deputy Clerk TO: BOARD} OF SUPERVISORS CONTRA FROM: BARTON J. GILBERT, DIRECTOR OF GENERAL SERVICES " ,. _ COSTA DATE: January 27, 2004 COUNTY SUBJECT. APPROVE AND AUTHORIZE A CONSULTING SERVICES AGREEMENT WITH KATE KEATING ASSOCIATES, INC. TO PROVIDE DESIGN AND CONSTRUCTION ADMINISTRATION SERVICES FOR THE COUNTYWIDE STANDARD SIGNAGE PROGRAM, FOR THE COUNTY ADMINISTRATOR'S OFFICE(WH197H) SPECIFIC REQUEST($)OR RECOMMENDATiON(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION 1. APPROVE a Consulting Services Agreement with Kate Keating Associates, Inc. ("Consultant") in the amount of $48,000 to provide design and construction administration services for the Countywide Standard Signage Program. 2. AUTHORIZE the Director of General Services, or designee, to execute the agreement and to issue written authorizations for extra work provided that the cumulative total extra cost for all such authorizations shall not exceed $5,000. FINANCIAL IMPACT The services contract will be funded by the Minor Buildings Improvement budget. BACKGROUND The goal of the Countywide Signage program is to establish standardized signage designs and details that would eventually apply to County buildings. The signage standards would also be incorporated into the plans and specifications of any new facilities projects. The County currently has a myriad of signage types and styles. Having standardized monument, building, and directional signage enhances the County's professional image and improves the ability of the general public to identify and access County facilities and services. The Consultant is tasked with developing standard exterior signage for the County. The Consultant's services include site Surveys and analysis, design and construction documents, and limited construction administration. Kate Keating Associates, Inc. was selected through a competitive process conducted by the General Services Department and the County Administrator's Office. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE PROVE OTHER SIGNATURE(S): ACTION OF$OA APPROVED AS RECOMMENDED_ _s OTHER_ VOTE OF SUPERVISORS ` UNANIMOUS(ABSENT ) AYES: NOES: ABSENTS: ABSTAIN: MEDIA CONTACT:BARTON J.GILBERT(313-7100) Originating Dept..General Services Department I HEREBY CERTIFY THAT THIS IS A TRUE CC: {aerr Capieraltal Services Management AND CORRECT COPY OF AN ACTION TAKEN Capi#al Projects Management Division AND ENTERED ON THE MINUTES OF THE BOARD Accounting OF SUPERVIgnP:,�-—WF DATE SHOWN. CPM File: 0100-04021A.1.1 000-0402lA.5 ATTESTED. County Administrator's Office JOHN SWEETEN.C THE ARD OF 5U RVISORS County Counsel AND COUNTY ADMINIS..,. Auditor Controller Kate Keating Associates,Inc.(via CPM) gY DEPUTY H:1200410000402u74A002001b.doc TJ:tb Page t of 2 M382(10188) APPROVE AND AUTHORIZE A CONSULTING JANUARY 27, 2004 SERVICES AGREEMENT WITH KATE KEATING ASSOCIATES, INC. TO PROVIDE DESIGN AND CONSTRUCTION ADMINISTRATION SERVICES FOR THE COUNTYWIDE STANDARD SIGNAGE PROGRAM, FOR THE COUNTY ADMIN'ISTRATOR'S OFFICE Development of the standard signage program will involve several County departments including the County Administrator's Office, The Consultant will prepare schematic designs, which will be reviewed by the County prior to establishing the final design. It is anticipated that the initial "roll-out" of the new signage will be implemented at approximately thirty County facilities. Thereafter, the signage will be implemented incrementally. The installation work will be competitively bid and the construction contract award will be the subject of a future Board Order. HA2004t000040Z04A002001 bAoc Page 2 Of 2 M382(10188)