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HomeMy WebLinkAboutMINUTES - 01102006 - CONVENE P January 4, 2006 CONVENE MEETING OF THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY January 4, 2006 Chair Gayle B. Uilkema convened the meeting of the Board of Supervisors this day at 02:05 p.m., in the Board Chambers,Room 107, of the County Administration Building, 651 Pine Street,Martinez, California. The Deputy Clerk called the roll, Supervisors present were: John Gioia, District I Gayle B. Uilkema, District II Millie Greenberg, District III Mark DeSaulnier IV And Chair Federal D. Glover, District V; Following the board meeting, the Supervisors adjourned to Closed Session in Room 101. at 02:07 p.m. The Board stated there were no Closed Session announcements. The Board then proceeded with the Agenda. At approximately 04:00 p.m. the Board adjourned the meeting. Attested: January 4, 2006 John Sweeten, Clerk Of the Board and County Administrator By. `hJC AJZ - �J Lena O' Neal, Deputy Clerk CONTRA COSTA COUNTY BOARD OF SUPERVISORS Supervisors J. Gioia, G. B. Uilkema, M. N. Piepho, M. DeSaulnier, and F. D. Glover Clerk of the Board, John Sweeten (925 335-1900) The Board of Supervisors respects your time,and every attempt is made to accurately estimate when an item may be heard by the Board. All times specified for items on the Board of Supervisors agenda are approximate. Items may be heard later than indicated depending on the business of the day. Your patience is appreciated. SPECIAL MEETING: Wednesday, January 4, 2006 2:00 p.m. County Administration Building 651 Pine Street, Rooms 107 & 101 Martinez, California AGENDA 1. PUBLIC COMMENT ON AGENDA ITEMS 2. CLOSED SESSION PUBLIC EMPLOYEE APPOINTMENT Title: County Administrator 3. SHORT DISCUSSION ITEMS A. APPROVE and AUTHORIZE the Chair, Board of Supervisors, to execute a contract with Batchelor& Associates in an amount not to exceed$36,000 to provide financial, economic, and administrative consulting services to the Board of Supervisors and the County Administrator for the period January 1 through June 30, 2006. (100% General Fund) (All Districts) B. ADOPT and AUTHORIZE the Chair, Board of Supervisors, to sign Resolution No. 2006/4 proclaiming existence of a local storm-related emergency. TO: BOARD OF SUPERVISORS -s L '° Contra FROM: JOHN SWEETEN, County Administrator o`, ; Costa DATE: JANUARY 3, 2006 County Sra'cooK SUBJECT: CONTRACT WITH BATCHELOR & ASSOCIATES FOR CONSULTING SERVICES SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION APPROVE and AUTHORIZE the Chair, Board of Supervisors, to execute a contract with Batchelor &Associates in an amount not to exceed $36,000 to provide financial and administrative consulting services to the Board of Supervisors and the County Administrator for the period January 1 through June 30, 2006. FISCAL IMPACT Costs for the services will be charged to the General Fund. BACKGROUND The current County Administrator has announced his intention to retire effective March 2, 2006. The Board of Supervisors intends to appoint a new County Administrator to take office on that date. The recommended consulting agreement will provide resources that will assist the current Administrator to prepare a transition plan for the new Administrator, and will assist the new Administrator as needed during the first four months of his or her appointment. CONTINUED ON ATTACHMENT: ❑ YES SIGNATURE: r RECOMMENDATION OF COUNTY ADMINISTRATOR ❑RECOMM ATION OF BOARD COMMITTEE ©APPROVE OTHER SIGNATURE(S): ACTION OF BOA APPROVED AS RECOMMENDED OTHER ❑ VOTE OF SUPERVISORS: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND UNANIMOUS(ABSENT �(O� ) ENTERED ON THE MINUTES OF THE BOARD OF AYES: NOES: SUPERVISORS ON THE DATE SHOWN. ABSENT: ABSTAIN: ATTESTED: JANUARY 4,2006 Contact: JULIE ENEA (925)335-1077 JOHN SWEETEN, CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR cc: COUNTY ADMINISTRATOR t By: Deputy Contra Costa County CONTRACT Number (Purchase of Services) Fund/Org# Account# Other# 1. Contract Identification. Department Board of Supervisors Subject Financial, Economic, &Administrative Consulting Services 2. Parties. The County of Contra Costa, California(County),for its Department named above, and the following named Contractor mutually agree and promise as follows. Contractor: Phil Batchelor, dba Batchelor &Associates Capacity: Individual Address: 320 Freitas Court, Danville, CA 94526 3. Term. The effective date of this Contract is January 1, 2006 and it terminates June 30, 2006 unless sooner terminated as provided herein. 4. Termination. This Contract may be terminated by the County, at its sole discretion, upon five-day advance written notice thereof to the Contractor, or cancelled immediately by written mutual consent. 5. Payment Limit County's total payments to Contractor under this Contract shall not exceed $36,000.00. 6. County's Obligations. In consideration of Contractor's provision of services as described below, and subject to the payment limit expressed.herein, County shall pay Contractor, upon Contractor's submission of a properly documented demand for payment(County Demand Form D-15)which shall be submitted not later than 30 days from the end of the month in which the contract services were rendered,and upon approval of such demand by the head of the County Department for which this Contract is made or his designee, as follows: [Check one alternative only] ❑ hour; or ❑ a. FEE RATE: $ per service unit ❑session, as defined below; or ❑calendar day(day,week or month) NOT TO EXCEED a total of service unit(s). Session is defined as: ❑ b. Payment in full after approval by the Department. x c. Asset forth in the Payment Provisions paragraph of the attached Additional Provisions. F-1d. As set forth in the Payment Provisions, attached. 7. Contractor's Oblisations. Contractor shall provide the following described services: ❑ a. x b. As set forth in Section A. (Contractor's Obligations) of the attached Additional Provisions which are incorporated herein by reference. 8. 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. 9. Administrative Amendments. Subject to the Payment Limit, the Payment Provisions and the Additional Provisions may be amended by a written administrative amendment executed by the Contractor(or designee) 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 die Additional Provisions. Nachelor Contract (Page 1 of 3) Contra Costa County CONTRACT Number (Purchase of Services) 10. 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,ethnic background, disability, or sexual orientation, and that none shall be used, in whole or in part, for religious worship or instruction. 11. 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. 12. 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. 13. Access to Books and Records of Contractor, Subcontractor. Pursuant to Section 1861(v)(1) of the Social Security Act,and any regulations promulgated thereunder,Contractor shall,upon written request and until the expiration of four years after the furnishing of services pursuant to this Contract,,make available to the Secretary of Health and Human Services, the Comptroller General, the County, 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 Secretary, the Comptroller General, the County, 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 hereunder. 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. 14. 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. 15. Indemnification. County shall defend and indemnify Contractor against and for all losses sustained by Contractor in direct and indirect consequences of the discharge of his duties on the County's behalf for that period of time commencingJanuary 1, 2006 and continuing until the Contractor leaves the County's service. 16. Nonrenewal. Contractor understands and agrees that there is no representation,implication,or understanding that the services provided by Contractor under this Contract will be purchased by County under a new contract following expiration or termination of this Contract, and waives all rights or claims to notice or hearing respecting any failure to continue purchasing all or any such services from Contractor. 13awhclor Contract _ (Page 2 of 3) Contra Costa County CONTRACT Number (Purchase of Services) 17. Legal Authority. This Contract is entered into under and subject to the following legal authorities: Government Code Section 31000. 18. Signatures. These signatures attest the parties'agreement hereto: BOARD OF SUPERVISORS ATTEST: Clerk of the Board of Supervisors By By — cQ Chair/ esignee Deputy CONTRACTOR Name of business entity Name of business entity By (Signature of individual or officer) By( . gnatu Le of individual UL uffiuur) (Print name and title A, if applicable) (Print name and title B, if applicable) Batchelor Contract (Page 3 of 3) Contra Costa County ADDITIONAL PROVISIONS Number (Purchase of Services) A. Contractor's Obligations. During the term of this Contract, Contractor shall 1. As requested by the County Administrator, provide advice to the County Administrator on best practices and effective management actions,and provide such other administrative assistance as may be requested by the County Administrator to assist in the operations of the County. 2. Provide administrative advice and services to the Board of Supervisors by independently assessing the current conditions of the County,including meetings with department heads,financial managers, employee relations staff and contractors, and provide feedback to the Board. 3. Provide such administrative tasks as may be assigned by the Board of Supervisors. B. Payment Provisions. $ 225.00 per hr. x 155 hrs. $35,000.00 Printing,Postage, long-distance travel,postage, &materials $1,000.00 Total Payment Limit $36,000.00 C. Termination. In the even of termination or cancellation of the Contract pursuant to section 4, County shall have no obligation to pay Contractor any further funds for services provided by Contractor after the effective date of such termination or cancellation, and County shall be obligated to pay Contractor for all services provided by Contractor up to such effective date. D. Insurance. Automobile Insurance. During the entire term of this Contract and any extension or modification thereof, Contractor shall keep in effect a policy of motor vehicle liability insurance, as required by State law and in amounts not less than: (1) $100,000 for personal injury to, or death of, one person; (2) $300,000 for injury to, or death of,two or more persons,per occurrence; and (3) $50,000 for property damage. Initials: Contractor County (Page I of 2) Contra Costa County ADDITIONAL PROVISIONS Number (Purchase of Services) E. Tort Claims Act Protection. In performing services for the County,the Contractor shall be regarded as an employee of the County for purposes of the California Tort Claims Act(Gov. Code, § 825 et seq.) and protected by the same immunities and right to indemnification and defense extended by that Act to County employees. F. Confidentiality. Contractor shall hold in confidence all information disclosed to or obtained by him in the course of providing the services required of him under this Contract. All documents and information developed under this Contract and all work products, reports, and related data and materials prepared by Contractor in the course ofproviding the services required ofhim by this Contract are the property of the County. Contractor must deliver all of the foregoing to the County upon completion of the services provided hereunder. H. Choice of Law. This Contract shall be deemed to be executed within the State of California and construed in accordance with and governed by the laws of the State of California. Any action or proceeding arising out of this Contract shall be filed and resolved in a State court located in Martinez, California. I. Entire Contract. This Contract constitutes the entire agreement of the parties,and no other Contracts or representations, oral or written, have been made or relied upon by either party. This Contract may only be amended in writing signed by both parties, and any other purported amendment shall be of no force or effect. This Contract,including all attachments,shall be subject to disclosure pursuant to the California Public Records Act. Initials: Contractor County (Page 2 of 2) THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on January 4, 2006 by the following vote: s -i AYES: Gioia,Piepho,DeSaulnier,Glover and Uilkema -rte NOES: None — ;S ABSENT: None o 4iitn ABSTAIN: None ; -- o Osr"� Coo SUBJECT: In the matter of proclaiming the ) Resolution No. 200614 existence of a public emergency ) WHEREAS, Ordinance No�42-2 of the County of Contra Costa empowers the Board of Supervisors to proclaim the existence or threatened existence of a local emergency when the County is affected or likely to be affected by a public calamity; and WHEREAS, the Board of Supervisors has been requested by the Director of Emergency Services of the County to proclaim the existence of a local emergency therein; THE BOARD OF SUPERVISORS DOES HEREBY FIND that conditions of extreme peril to the safety of persons and property have arisen within the County caused by severe storms commencing on or about 12:01 on the 31st day of December 2005; and that these storms, with less than half of the jurisdictions having reported, have caused damage estimated at a minimum of ten million dollars; and that some citizens are still displaced from their homes; and that these storms have degraded the condition of numerous levees within the County. These conditions of extreme peril warrant and necessitate the proclamation of the existence of a local emergency; NOW, THEREFORE, THE BOARD OF SUPERVISORS DOES HEREBY PROCLAIM that a local emergency now exists throughout the County; and NOW, THEREFORE, IT IS REQUESTED that the Governor proclaim a state of emergency for Contra Costa County; IT IS FURTHER PROCLAIMED that a local emergency now exists throughout the County as prescribed by state law, by ordinances, and resolutions of this County, and by the County of Contra Costa Emergency Operations Plan. Dated: ok By: 'Chai<-C`antra Costa Board 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 of Supervisors on the date shown ATTESTED: January 4, 2006 John Sweeten, Clerk of the Board of Supervisors And County Administrato a B tx Deputy cc: County Administrator Sheriff's Office of Emergency Services Health Services Director Fire Chief Public Works Director Community Development Director Building Inspection Director