HomeMy WebLinkAboutMINUTES - 10032006 - C.13 lu
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TO: BOARD OF SLTERVISORS
tf Contra i
FROM: MAMCE M. SHIti. PUBLIC WORKS DIRECTOR ;?<;i Costa C, �
r_ z. 3
DATE: October , 2006 y--@ �` C o U ntv
s ..
COCA
SUBJECT: Approving the First Extension of the Subdivision Agreement for Subdivision 04-08774.for project
being developed by R-indemere BLC Land Company-.LLC.San Ramon (Dougherty Valley) area.
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(District III)
SPECIFICREQCES:iS;ORRECOMMESDATM.-SI&BACKGROUND AND---,STIF 'aT10\
RECO'%I'.%IENDATION(S):
ADOPT Resolution No. 2006for Subdivision ision 01-08'-4.approving the First Extension of the Subdivision
Agreement.for project being developed by Windemere BLC Land Compam-,LLC. San Ramon(Dougherty Valley)
area. (District III)
FISCAL IMPACT:
None.
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BACKGROUND-REASON(S) FOR RECOMME`DATION(S):
The developer has not completed the improvements and the Subdivision Agreement has expired. �
CONSEOLENCES OF NEGATIVE ACTIO\: �
The Subdivision Agreement Guaranteeing come improv- r nts x ' not b r ne«•ed.
Continued on Attachment: ✓ SIGNATURE: I
_LJZECONllIENDATION OF COUNTY ADMINISTRZXTOTC—
RECOMMENDATION OF BOARD CONIAIITTEE
✓CPPROVE OTHER
SIGNATURE(S)(�,
ACTION OF BtyD ON 1 APPROVED AS RECO.-MMENDED_�C_OTHER
-OTE OF SC?ERVISORS I hereby certi&that this is a true and correct
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UNANIMOUS(ABSENT � ) copy of an action taken and entered on the
7` AYES: NOES:' minutes of the Board of Supervisors on the
ABSENT: ABSTAIN: date sho«n. I
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ATTESTED:
Originator: P�Mic ':ors;ES i
Contact T.Rie(3:_'_3531 JOHN CL"LLE\. Clerk of the Board of
3-_n2NO_sic:1»i_1 J iOcwbe._-.=.:=-1
Supervisors and Count-Administrator
cc: .�'Iic-Xor:L—C=-s"t"ain
Curter P:ardnra.Ca=-d-I: DcceiaPeRnf \ i
T—October .__-8 i
[❑terere 3_C Lan'_Coxsn_-LLC
SCI 3a:::^�r Can a::Rozc.StU Et= 1.T4 \ /�. Deputy
San Re.n,.. CA
A-.=Man Oiir.
-..
One Financia:P:'=zz.: F:acr
Hzrdzd.C. 151--
Ate:-Teri Apodaca
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THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on October 3. 2006 by the following Vote:
AYES: Cilkema.Piepho.DeSaulnier.
and Gioia I
NOES: I
ABSENT: Gloxer
ABSTAIN:
RESOLUTION NO. 2006! (Q Z3
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SUBJECT: Approving the First Extension of the Subdivision Agreement for Subdivision 0=1-
OS f.14. for project being developed by Windemere BLC Land Company-, LLC. San
Ramon (Doughem Vallee) area. (District III)
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The Public Works Director having recommended that he be authorized to execute the first
agreement extension which extends the Subdivision Agreement between Windemere BLC Land I
Company.LLC and the Count-for construction of certain improvements in Subdivision 04-08 7/4. �
in the San Ramon (Dougherty Valley) area, through December 2008;
♦ APPROkLI ATE PERCENTAGE OF WORK COMPLETE: 100°=
♦ ANTICIPATED DATE OF COMPLETION: February-'700-
REASON-
ebruary200;REASON FOR ELATE\SIO\: In warranty period
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IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works Director
is APPROVED.
L3.rz I hereby-certify-that this is a true and correct copy of an action taken
10-_3 SD -s--4130-1 I.-A,, and entered on the minutes of the Boar' of Supervisors on -e date
Originator. {--Si
chp�cll.
Contact:
N- 4c1= j5i ]:_`crJ - ATTESTED: 14DAo�/ O 4 I
cc: ?ublic CCoris-Ceo�c:c: t-
JOHN LZLE1:, ern of the Board of Supervisors and County i
Cu.-rvr.:Pla:�:rs.Cor.�"�r c'::1cr.ver.[ "
Administrator
..M:!e csre BLCLa-i CUrm_cy.LLC
612'B--.c r Ca:_cn Buz .S,-.e
San Rn.CA >45 '.-.
a.:
Ave.:Brz-Olin �� n I � Deputy
Qtec[a....cr-ri^'Cote-.[,rc�:::Szco.'.a:rar>ra= \ •-� /
Union nanz:al zrd Plaza.
1r.e
'-L-n-_ C: 61-3
A:c:J2-:—..da-a
RESOLUTION NO.2006... i
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CONTRA COSTA COUNTY
St BDIV ISIO- (RIGHT-Oz-W AY LA\DSCAPE) AGREEMENT EX 3 E\SIO\ i
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Development Number: Subdivision 95-07984
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• Developer: ShapellIndustries ol'Northern Califa•nia,A
Division of Shapell Industries,h1c
i Orivinal Agreement Date: October 8, 2002
Third Extension New Termination Date: October 8, 2008
Improvement Security
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Surely: National Fire Insurance Company of Hartford
Bond No. (Date): 929 247 987(August I4,2002)
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Security Tvae Security Amount
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Cash: S 26,900.00 (1% cash,S1,000 Min.) i
Bozic): $2,658,800.00(Performance)
$ 1.342.900.00 (Labor & Material)
he Dcvelcper and tae Surety desire it-- Ig ccment to be extended ::ot:e I the above d e;and Contra Costa C unty
and sad Surety::et ny agree then and aclolo.yledge same.
D2ted: A I��'n/., Dazed: .uiy 20.2006
FOR COI`"ILA CCS':•'A COUNTY
Maurice M. Shin,Pub
� orks Director
,"'' `Ai elopers Signatt:re(s)�{,Sd�•�6t�°! }�iLL✓t
By i/ .v//i� � ! 6'f 7 e"
imted
R COvi c1£ DED FOR
A?? �V�L:
t/1K/rl�]l�A Des•�loter's S'�r:a.u-e(s , v�/•/LI.G�a•�''`
(Fadn:eerm�'S�n i./-e sD:visior) .
�LJJ Prin'ed
toe N.a'ilpi,as Blvd..M.1oitas.CA 95035
(''OTE: Developer's, Surety's and Financial Address
Institution's Signatures must be Notarized.) ;
Nasional Fire Insurance Comoany of Harford
: .�t'�_F ^ter.,CL,.-- - Surett;or F ina::..ial hist ution
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dtirr`t::.^-ru: 12erurr.:n Ci:sic n�ri,_L'o-^.-C 2355 F. Camellvck Road.Suiw 500.Phoenix.AZ 85016
1 address
A-_r.,4: .ey in Fact_ Sipa'_u r„o
Pamela L.Stocks.Attorney-in-Fact
Printed
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POWER OF ATTORNEY APPOItiTING ItiDIVIDUAL ATTORNEY-I\-FACT
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Know all Jlen By These Presents.That Continental Casualty Company,an Illinois corporation,rational Fire Insurance Company of Hanford,an
Illinois corporation,and American Casualty Company of Reading,Pennsylvania.a Pennsylvania corporation(herein called"the CNA Companies-'),are
duly organized and existing corporations haying their principal offices in the City of Chicago,and State of Illinois.and that they do by virtue of the
signatures and seals herein affixed hereby make,constitute and appoint
Pamela L Stocks,Beverly A Hall,Sandra V Harmer,Gina O'Shea,Individual)
of Sherman Oaks.CA,their true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their
behalf bonds,undertakings and other oblieatory instruments of similar nature
-In Unlimited Amounts-
and to bird them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the
acts of said Attorney,pursuant to the authoriry hereby given is hereby ratified and confirmed.
This Poker of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions,printed on the reverse hereof,duly
adopted,as indicated,by the Boards of Directors of the corporations.
In Witness Whereof,the CNA Companies have caused these presents to be signed by their Senior Vice President and their corporate seals to be
hereto affixed on this 10th day of March.2006.
�GASu�tj� 01SURq & Continental Casualty Company
�Al A' IF National Fire Insurance Company of Hartford
coop re g+ ,It awrro x American Casualty Company of Reading, Pennsylvania
Imo' iP nnr n.
°u SEAL
res? MA
Thomas P. Stillman Senior Vice President i
State of Illinois,County of Cook.ss:
On this 10th day of March. '1before me personally came Thomas P.Stillman to me known,who,being by me duly sworn,did depose and say:
that he resides in the City of Chicago,State of Illinois;that he is a Senior Vice President of Continental Casualty Company,an Illinois corporation,
National Fire Insurance Company of Hartford.an Illinois corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania
corporation described in and which executed the above instrument;that he knows the seals of said corporations;that the seals affixed to the said
instrument are such corporate seals;that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he
signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporations. i
-OFFICIAL SEAL' ;
MARIA M.MEDINA ;
•: waw.Sun of lli= . YW ,FvCnsuEapa7r16N : •` �_—" - )
My Commission Expires March 15,2009 Maria M.Medina Notary Public
CERTIFICATE
I,Mary A.Ribikawskis,Assistant Secretary of Continental Casualty Company.an Illinois corporation,rational Fire Insurance Company of
Hanford,an Illinois corporation,and American Casualty Company of Reading.Pennsylvania,a Pennsylvania corporation do hereby certify-that the
Power of Attorney herein above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of the corporations i
printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporations this
20th day of J•sly 2006 i
GAStrttr tltSUR oe Continental Casualty Company
National Fire Insurance Company of Hartford
coSvaurp v 4 s 06M"a+arro -� American Casualty Company of Reading,Pennsylvania
�u SEAL gy Q� iF ru' 1.
teci Q` ►MmF • d"
Mary A.gikai6kis Assistant Secretary i
Form F6853-112001
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State of California
County of Los Angeles
On July 20, 2006 before me. Sandy Hanner-Notary Public i
Oate NAME. TITLE OF OFFICER.. 'JANE OOE. NOTARY PUBLIC'
personally appeared Pamela L. Stocks
NAME(S) OF SIGNER(S)
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(X) personally known to me — OR — (!) proved to me on the basis of satisfactory evidence to be
the person(s) whose name(s) is/*m subscribed to the within instrument and acknowledged to me that
he/she/t:fft executed the same in%his/her/fxeir authorized capacitypes), and that by kwher/tt4u
signature(s) on the instrument the person(, or the entity upon behalf of which the person(s) acted.
executed the instrument.
— o — — A -" A � WITNEJS my hand and o ' ' I seal. i
sANDy F4WNER
—cow,a )enao2 % � l
LO3 Angg Cp�p SIGNATURE OF NOTARY I
�tdgrCanm. , tut a,ao101I OPTIONAL
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Though the data below is not required by law, it may prove valuable to persons relying on the documen
and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
(,) INDIVIDUAL
(�) CORPORATE OFFICER
TITLE(S) TITLE OR TYPE OF DOCUMENT
(,) PARTNER(S) (_) LIMITED
(_) GENERAL
NUMBER OF PAGES
(X) ATTORNEY-IN-FACT i
(_) TRUSTEE(S)
(�) GUARDIAN/CONSERVATOR
(_) OTHER i
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
National Fire Insurance Company of Hartford
SIGNER(S) OTHER THAN NAMED ABOVE I
G-107428.9
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CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT i
State of California
County of Santa Clara
On July 24,2006. before me, Janice T. Kruse,Votary-Public personally-appeared. J.C. i
Truebridge & Robert D. Moore personally known to me to be the persons whose
names are subscribed to the within instrument and acknowledged to me that they
executed the same in their authorized capacity-. and that by their signature on the
instrument the persons. or the entity-upon behalf of which the persons acted. executed the
instrument.
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— — — — — — — — — — — - XVITVESS my hand and official seal.
JAICE T.KRUSE `
Co
#1597428
Publi -Coidomla 1 ��_
a cwro County Sia`?ature of Notary Public
6MV±.'EXPICFW Aug 24.2009
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Optional Information
Title or Type of Document: Subdivision Aereement Extension - SD 95-07984
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Capacity Claimed by Signer: Assistant Vice Presidents of Shauell Industries. Inc.
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FOR RECEIVED
CLERK — OF — BOARD OCT u 4 2006
(E MY SHARP) CLERK BOARD OF SUPERVISORS
CONTRA COSTA CO. I
THESE DOCUMENTS SHOULD BE ATTACHED
TO THE ORIGINAL COPY OF THE APPROPRIATE
BOARD ORDER/RESOLUTIONT
(note: the agenda item number on the yellow
"stickle" is the number that Nvas assigned it
on the original version of the agenda...
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but it mal•have changed)
ITE}>Y_�-O. , DOCUMENT
Coq 10-03-06 BOS meeting — Contract w.,.D&H
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Landscaping
C. 17A : 9-12-06 BOS meeting — Contract W Municipal I
Finance Corporation '
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Joelle C , l q.
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G:AIn'-_n - -- -- �.. . --r-mc--op,.-,s no si_.3o:
'Contra Costa County STA`'DAIRID CONTRACT Number �
Standard Form L-1 (Purchase of Services -Long Form) Fund.Org4 7489
Revised 2002 Account 4
Other= 6X5185
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1. Contract Identification.
Department: Public Works Department
Subject: Landscape/Grounds Maintenance for CSA lei-17 (MonTaraBay Community Center &
Ballfield. and Montalvin Park
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2. Parties. The County of Contra Costa, California (County), for its Department named above, and the I
following named Contractor mutually agree and promise as follows:
Contractor: D & H Landscaping
Capacity: Corporation
Address: P.O. BOX 57,Pinole, CA 94564 i
3. 'Perm. The effective date of this Contract is Oct, - "" '` - -ri+;nntes on-September 30. 2008 i
unless sooner terminated as provided herein.
4. Pavment Limit. County's total payments to Contra ;
S 50.250.00 (S1.675 Der month. plus a total allow
S. County's Obligations. County shall make to th• a Payrnent
Provisions attached hereto which are incorporat terms and
conditions contained or incorporated herein.
6. Contractor's Obligations. Contractor shall pro pO `� lescribed in
the Service Plan attached hereto which is incorp � > terms and
conditions contained or incorporated herein.
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7. General and Special Conditions. This Con-.._-___ _ and Special
Conditions (if any) attached hereto, which are incorporated herein by reiG,�,,...
8. Pro'ect. This Contract implements in whole or in part the following described Project, the application i
and approval documents of which are incorporated herein by reference:
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During the term of this contract, the Contractor shall perform services for County Service area M-17
(MonTara Bay Community Center&Montalvin Manor Park). See attached Scope of Services and
Contra Costa County Landscape Standards for complete details.
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L-1 (Page 1 of 2)
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Conrra Costa Counn- ST_�NrDARD CONTRACT Number
`randard Form L-I (Purchase of Sen-ices-Long Form) j
Revised 2002
9. Legal Authority-. This Contract is entered into under and subject to the folioxvi._g legal auchorties:
Government Code 3I000 j
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10. Signatures. These signatures attest the parties' agreement hereto:
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COUNTY OF CONTRA COSTA. CALIFORINUk
BOARD OF SUPERVISORS ATTEST: Clerk of the Board of Supervisors
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By ` A E��' =i 1 � By
Chaiimaw Designee Depury
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CONTRACTOR
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Name of business entire- Name of business entin j
By
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(_nature 1 d �idual r officer_ �
\�'l,•n1n L'u rA<<,l ,ln.l..n:ual U-1 IIlll�cl
• VI V i
0600 ►AYOXAT, car-
(Print
or(Print narne and title A, if applicable)�plicable)
(Print name and title B. if applicable)
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Now:o l_or.rrwor. For Corporations ZpMr or nonFro%the contract n-wsr --_ne3 by two icerz. HIEnaiure A Must be that_:the
pTc£:32.C of vice-president d1:3 Sor.aClae J u:11_C be that Cr il'i2 xcQetaTl'Cr 25515C2riC_eve= li.-va X032 1cCtivr. 1190nW COT^_i,_t_a.!u5 I
Code Secken MR Ali signatures 1':rest he acknowledge as set tort_or. Forin 1,2-
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L2-L-I (Page ? of ') �
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Contra Costa Counte APPROVALS/ACIC OWLEDGAIE\T -Number
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Standard Form L-2 y (Purchase of Services - Long Form) I
Ret-ised 2002
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APPROVALS
RECOMMENDED BY DEPARTMENT FORM APPROVED
COUNTY COUNSEL
By: � -,�.�� Bv:
�✓Desigrre Depute-
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APPROVED: COUNTY ADMINISTRATOR
By:
Designee
ACKNOWLEDGMENT
STATE OF CALIFORNIA )
ss.
COUNTY OF CONTRA COSTA
Once-, m before me.
insert name and title of the officer). personally appeared ")Cc dD "'
personally knot to me (or proved to me on the basis
of satisfactory evidence) to be the person(s'f whose name(-s`)"is,are subscribed to the within instrument and
acknowledged to me that he'shfe the executed the same in his'hief'therr authorized capacity(ies), and that by
his h6i'their'signatureKon the instrument the person(Kor the entity upon behalf of which the person(Wacted,
executed the instrument. j
KAREN K. P Ip
NVIT'SSS MY HAND A\-D OFFICLAL. SEL. a. �T COPdP.L 14741,% �p
W Sy PU3UG-=ffl�rLd
F. CONTRA COSTA COUNTY
Si •,-�••� -- !A>COMM.E)',rires it2•.c 2308 It
✓i ' 1 v i U l (Seal)
Signature
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L-'_- ( Page 1 of 1)
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•Contra'Costa County APPROVALSJACIC OWLEIDGME\T \umber
Standard Form L-_'- (Purchase of Services -Long Form) �
Revised 2002 I
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APPROVALS
RECONTNIENDED BY DEPARTMENT FORM APPROVED
COUSTY COUNSEL
Bv: C Bv:
�J esignee L/ Deputy
1,-tf911-r1XA J. RD
APPROVED: COUNTY ADME\-ISTRATOR I
Bv:
Designee
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ACK'SOWLEIDG-NIE\T
STATE OF C.ALIFOR\LA )
ss.
COUNTY OF CONTRA COSTA )
Ont before me, i
insert name and title of the officer), personally-appeared J C LOP A 1 GA\6�L
personally known to me(or proved to me on the basis
of satisfactory-evidence) to be the person(,a whose name(sTis ar*Csubscribed to the a-ithin instrument and
acknowledsed to me that he`sh'6 tbK-executed the same in his lir their authorized capacity.(ieg), and that by
his!bdi�theif sio-mature(Won the instrument the personal, or the entity upon behalf of-which the person(s) acted.
executed the instrument.
KAREN K. PIONA It
WIT\ESS N1Y HAN-D AND OFFICL-kL SEAL. COMM. 1474136
'.MMYPUB_G-CAUfORP'
:7 CONTRA COSTA COUNTY .+
/' n My Comm.'E)pires I.W.2,200a
(Seal) Y
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Signature i
.�_t�r-'.:_'tel; �\_ K C--�r�e_.Fzrn_r•:��.a.:__..:��:'•
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Contra Costa County PAYMENT PROVISIO`S Number I
Standard Form P-1 (Fee Basis Contracts - Long and Short Form) i
Revised 2002
1. Pavment Amounts. Subject to the Payment Limit of this Contract and subject to the following Paymept
Provisions, Count- 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.]
L� a. S monthly, or
1-1 b. S per unit-. as defined in the Service Plan. or
C. S after completion of all obligations and conditions herein.
® d. Other: S 1.61_5 per month.plus a total allowance of 510.050 for incidental expenses.
_'. Pavment Demands.Contractor shall submit Written demands for payment on County Demand Form D-15 in
the manner and form prescribed by.County. Contractor shall submit said demands for payment no later than
30 da}s from the end of the month in which the contract services upon which such demand is based were
actually rendered. Upon approval of payment demands by the head of the CountyDepartment for which this
Contract is made. or his designee. County will make payment as specified in Paragraph 1. (Payment
Amounts) above.
3. Penalty-for Late Submission. If County is unable to obtain reimbursement from the State of California as a
result of Contractor's failure to submit to County a timet-demand for payment as specified in Paragraph 2.
(Payment Demands)above.County shall not pay Contractor for such services to the extent Count's recovery
of funding is prejudiced by the delay even though such services were full-provided. i
i. RiLrht to Withhold. Count-has the right to withhold payment to Contractor when.in the opinion of County
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 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 sufficient) itemize or document its demand(s) for payment.
5. Audit Exceptions. Contractor agrees to accept responsibility for receiving,replying to. and or complying i
with any audit exceptions by appropriate county. state or federal audit agencies resulting from its
performance of this Contract. Within 30 days of demand. Contractor shall pay County the full amount of
County's obligation.if any.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 I
Contract.
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Initials:
Contractor County Dept.
Form P-1 (Page 1 of 1)
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Contra Costa Count- GENERAL CONDITIONS
Standard Form L (Purchase of Services-Long Form)
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Revised 2003
1. Compliance with Law. Contractor shall be subiect to and complywith all applicable federal. state and local laws
and regulations with respect to its performance under this Contract. including but not limited to. licensing, emploNment i
and purchasing practices- and«ages,hours and conditions of employment. includint_nondiscrimination.
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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.
_. Records. Contractor shall keep and make available for inspection and copying by authorized representatives of the
Count. 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. Contractor shall retain all documents pertaining to this Contract for fire years from the
date of submission of Contractor's final payment demand or final Cost Report;for any further period that is required
by law. and until all federal state audits are complete and exceptions resolved for this contract's funding period.
Upon request.Contractor shall make these records available to authorized representatives of the County,the State of
California. and the United States Government.
b. Access to Books and Records of Contractor.Subcontractor. Pursuant to Section 1861 0)(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 Count.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 certifv 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
510.000 or more over a t-wel-e-month period, such subcontract shall contain a clause to the effect that upon Xvritten
request and until the expiration of four years after the furnishing of services pursuant to such subcontract. the
subcontractor shall make available to the Count}. 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. I
4. Reporting Requirements. Pursuant to Government Code Section ..550.Contractor shall include in all document_or
written reports completed and submitted to Count-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.
Termination and Cancellation.
a. Written Notice. This Contract may be terminated by either part-.in its sole discretion.upon thin-day_-advance
written notice thereof to the other. and may be cancelled immediately by written mutual consent. i
L-5 (Page 1 of 6)
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Contra Costa Count- GEtiEPUL CO\DITIO\S
Standard Form L-5 (Purchase of Services-Long Form)
Revised 2003
b. Failure to Perform. County, upon written notice to Contractor, mai- immediately terminate this Contract
should Contractor fail to perform properly-any of its obligations hereunder. In the event of such termination,Count-
may proceed with the work in any reasonable manner it chooses. The cost to Count- of completing Contractor's
performance shall be deducted from am_•sum due Contractor under this Contract,without prejudice to County's rights
to recover damages.
C. Cessation of Funding. Notwithstanding Paragraph 5.a. above. in the event that federal, state. or other non-
Count_-funding for this Contract ceases. this Contract is terminated without notice. i
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6. Entire Agreement. This Contract contains all the terms and conditions agreed upon by the parties. Except as
expressly provided herein.no other understanding,oral or otherwise,regarding the subject matter of this Contract shall be
deemed to exist or to bind any of the parties hereto. i
Further Specifications for Operating Procedures. Detailed specifications of operating procedures and budgets
required by this Contract.including but not limited to.monitoring,evaluating,auditing.billing.or regulatory changes.may-
be developed and set forth in a written Informal Agreement between 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 i
that which is already required hereunder. Informal Agreements may not enlarge in am-manner the scope of this Contract.
including any sums of money to be paid Contractor as provided herein. Informal Agreements may be approved and signed
by the head of the count-department for which this Contract is made or its designee.
S. Modifications and Amendments.
a. General Amendments. This Contract may be modified or amended by a written document executed by
Contractor and the Contra Costa Count-Board of Supervisors or. after Board approval,by its designee. subject to
any required state or federal approval.
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b. Administrative Amendments. Subject to the Payment Limit.the Payment Provisions and the Service Plan may
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be amended by a written administrative amendment executed by Contractor and the Count- Administrator for
designee). subject to any required state or federal approval,provided that such administrative amendment may not
materially chance the Pa}ment Provisions or the Service Plan.
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9. Disputes. 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.
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10. Choice of Law and Personal Jurisdiction.
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a. This Contract is made in Contra Costa Count and shall be governed and construed in accordance with the lays
of the State of California.
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-Contra'Costa Count' GENERAL CONDITIONS !
Standard Form L-i (Purchase of Services-Long Form)
Revised 2003
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b. _env action relating to this Contract shall be instituted and prosecuted in the courts of Contra Costa Count-.State i
of California.
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11. Conformance with Federal and State Regulations and Laws. Should federal or state regulations or laws touching
upon the subject of this Contract be adopted or revised during the term hereof.this Contract shall be deemed amended to
assure conformance with such federal or state requirements. !
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12. No«`aiver by County. Subject to Paragraph y.(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 this Contract,or acceptance of the whole or any part of said performance,or payments therefor, j
or ani-combination of these acts.shall not relieve Contractors obligation to fulfill this Contract as prescribed-nor shall the
County be thereby estopped from bringing ani-action for damages or enforcement arising from am_-failure to comply with
anv of the terms and conditions of this Contract. y
13. Subcontract and Assignment. 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.
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14. Independent Contractor Status. This Contract is by and between two independent contractors and is not intended i
to and shall not be construed to create the relationship between the parties of agent,servant,employee,partnership, joint !
venture or association. i
15. Conflicts of Interest. Contractor,its officers,partners,associates.agents,and employees,shall not make,participate
in making. or in any way attempt to use the position afforded them by this Contract to influence anv governmental
decision in which they know or have reason to know they have a financial interest under California Government Code
Sections 8 100; et seq., or otherwise. i
16. Confidentialit-. Contractor agrees to comply and to require its officer,partners,associates,agents and employees i
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 I
such service. I
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 lav may be guilty of a misdemeanor.
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Contractor Count-Dept.
i •Contta'Costa County° GENERAL CO\DITIONS �
Standard Form L (Purchase of Services - Long Form)
Revised 2003
11. \ondiseriminatory 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.
I S. Indemnification. Contractor shall defend.indemnify,save,and hold harmless Count-and its officers and employees
from any and all claims.costs and liabilit for am-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 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 Count• or its officers or
employees. Contractor will reimburse County for any expenditures, including reasonable attorneys' fees, Count 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. Insurance. During the entire term of this Contract and anv extension or modification thereof.Contractor shall keep
in effect insurance policies meeting the following insurance requirements unless otherwise expressed in the Special
Conditions:
a. Liability Insurance. For all contracts where the total payment limit of the contract is 5500.000 or less.
Contractor shall provide comprehensive liability insurance. including coverage for owned and non-owned
automobiles,with a minimum combined single limit coverage of S-00.000 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.arisinQ 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 employ es. so that other insurance policies held by them or their self-insurance program(s) shall not be
required to contribute to am-loss covered under Contractor's insurance police or policies. For all contracts where the
total payment limit is above 5500.000, the aforementioned insurance coverage to be provided by Contractor shall
have a minimum combined single limit coverage of S 1.000.000.and Contractor shall be required to provide Count-
with a copy of the endorsement making the Count- an additional insured on all general liability. worker's
compensation. and. if applicable, all professional liability insurance policies as required herein no later than the
effective date of this Contract.
b. Workers' Compensation. Contractor shall provide workers' compensation insurance coverage for its �
employees.
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C. Certificate of Insurance. The Contractor shall provide the Count 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 poliev(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. y
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-'Contra Costa Count_- GENERAL CONDITIO\S
Standard Form L- (Purchase of Services-Long Form)
Revised 2003
d. Additional Insurance Provisions. The insurance policies provided by Contractor shall include a provision for
thirty('20) days written notice to County before cancellation or material change of the above specified coverage. �
_0. notices. all notices provided for be this Contract shall be in writing and may be delivered by deposit in the United
States mail,postage prepaid. Notices to Count- 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
Count-shall be the date of receipt by the head of the county department for which this Contract is made.
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1. Primacy of General Conditions. Except for Special Conditions which expressly supersede General Conditions.the
fSpecial Conditions (if any) and Service Plan do not limit any term of the General Conditions. i
Nonrenewal. Contractor understands and agrees that there is no representation, implication.or understanding that
the services provided by Contractor under this Contract-,N ill be purchased by County under a new contract follox�.ing I
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. Possessory Interest. If this Contract results in Contractor having possession of. claim or right to the possession of
land or improvements,but does not rest 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 10'), such
interest or improvements may represent a possessory interest subject to property tax.and Contractor maybe 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.
?4. -No Third-Part-Beneficiaries. N otwithstandin�_mutual recognition that services under this Contract may provide �
some aid or assistance to members of the Countys population, it is not the intention of either Count-or Contractor that
such individuals occupy the position of intended third-party beneficiaries of the obligations assumed by_ eitherpartyto this
Contract.
Coayriahts and Rights in Data. Contractor shall not publish or transfer any materials produced or resulting from i
activities supported by this agreement without the express written consent of the Count administrator. If any material is �
subject to cop-,Tight.Counry reserves the right to copyright.and Contractor agrees not to copyright, such material. If the
material is copyrighted.Count reserves a roti-alty-free.nonexclusive, and irrevocable license to reproduce,publish,and
use such materials. in whole or in part, and to authorize others to do so.
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26. Endorsements. Contractor shall not in its capacity as a contractor with Contra Costa County publicly endorse or
oppose the use of any particular brand name or commercial product without the prior approval of the Board of
Supervisors. In its County contractor capacity. Contractor shall not publicly attribute qualities or lack of qualities to a i
particular brand name or commercial product in the absence of a Lyell-established and,,videly 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
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IContra Costa Count- GENERAL CONDITIO\S
Standard Form L-5 (Purchase of Services -Long Form)
Revised 2003
commercial product. even if Contractor is not publicly endorsing a product. as lone 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.
\otrnithstandim- 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 lacy to receive such �
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views.
'--. Required Audit. O If Contractor is funded by S500.000 or more in federal grant funds in any fiscal year j
ending after December 31. 2003 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 S500.000 in federal grant funds in anv fiscal year ending after December i
1. 2003 from am°source.but such grant imposes specific audit requirements: Contractor shall provide to County an
audit conforming to those requirements. (C) If Contractor is funded by less than SS00,000 in federal grant funds in i
any fiscal year ending after December 31, 2003 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
am-such audit is required. Contractor shall provide Count-with such audit. With respect to the audits specified in
(_3), (B) and (C) above. Contractor is solely responsible for arranging for the conduct of the audit. and for its cost.
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.
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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.
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