The URL can be used to link to this page

Home My WebLink AboutMINUTES - 03131990 - 2.3 BOARD OF SUPERVISORS V FROM: Phil Batchelor Contra County Administrator Costa DATE: March 13, .1990 (�`,"'" "1 SUBJECT:APPROVAL LOI.NT POWERS AGREEMENT BETWEEN CONTRA COSTA COUNTY v AND ALAMEDA COUNTY SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS: 1. Approve the attached Joint Powers Agreement between Contra Costa County and Alameda County and authorize the Board Chair to execute the agreement. 2. Authorize the County Administrator to solicit proposals from qualified consultants to provide the County with evidence related to the use of minority-owned and women-owned businesses. 3 . Direct County Administrator' s Office to evaluate proposals: received and determine cost estimates prior to recommending award of contract. BACKGROUND The Contra Costa County Board of Supervisors adopted a construction policy on September 8 , 1987, a purchasing policy on June 27, 1988 and procedure on July 25, 1988. Contra Costa County' s MBE/WBE/DBE Program includes construction, purchasing contracts and professional/personal service providers, Redevelopment Agency, Airports, the Disadvantaged Business Enterprise Program, and the Housing Authority. Contra Costa County' s MBE/WBE program established goals of 13% MBE and 20 WBE for construction contracts and 15% MBE and 5% WBE for purchasing contracts. The purpose of this joint study is to provide the County with additional evidence relating to the use of minority-owned and women=owned businesses to allow each jurisdiction to determine whether changes in its MBE/WBE/DBE program are desirable or required. WP:A: \letters\joinstu.ala CONTINUED ON ATTACHMENT: YES SIGNATURE; RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COM ITTEE APPROVE OTHER SIGNATLIRE(SI' ACTION OF BOARD ON Mir 6+h, I3t 1Q 90 APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS 1 HEREBY CERTIFY THAT THIS IS A TRUE X UNANIMOUS (ABSENT LII ) AND CORRECT COPY OF AN ACTION TARN AYES; NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. cc: County Admin. F trator ATTESTED March 13 , 1990. Alameda County--.Board of Supervisor'P PHIL BATCHELOR. CLERK OF THE BOARD OF Kelvin H_, Booty-, jrI' Alameda County- SUPERVISORS AND COUNTY ADMINISTRATOR BY A �`� ,DEPUTY M382/7-83 __Z CONTRA COSTA COUNTY ALAwDA COUNTy JOINT EXERCISE OF POWERS AGREEMENT 1. Parties Effective MAR 0 6 1990 the County of Contra Costa, a political r subdivision of the State of California, and the County of Alameda, a political d subdivision of the State of California, hereinafter called "Counties," mutually AGREE as follows, pursuant . to Government Code section 6500 and (� } following: d V 2. Purpose A. Contra Costa County has adopted programs to encourage participation by minority-owned and women-owned business enterprises in County contracts for construction, purchasing, and professional/personal services. B. Alameda County has adopted a program to encourage participation by minority-owned and women-owned business enterprises in County contracts for construction. Alameda County may be interested in adopting similar programs for County contracts for purchasing and professional/personal services. C. In light of the United States Supreme Court decision in the case of City of Richmond v. J.A. Croson, and in view of possible litigation against Counties, Contra - Costa and Alameda Counties each intend to gather new, statistical and non-statistical evidence bearing on the existence and extent of discrimination against minorities and women with regard to contracts in the construction, professional/personal service and purchasing/supply industries. The Counties further intend to gather evidence bearing on the appropriateness of various remedies in relation to the nature and extent of any such discrimi- nation. Tbe evidence gathered will help provide guidance to Counties with respect to the maintenance, adoption, rescission or alteration of any of the above-referenced programs, and will help provide assistance to Counties in addressing any litigation based on the Croson case. 1 of 5 a. After interviews and negotiations with consultants, Counties shall determine if it is feasible' to apportion costs to each County according to the extent to which time spent by consultant is for the benefit of one County or both Counties. b. If the Counties do not elect to utilize the cost-sharing method set forth in section 3. B. ii. a. , the costs of the consulting contract shall be divided equally between the two Counties. iii. Each County retains the right to decline to enter into a consulting contract which it finds unsatisfactory. If the Counties decide to enter into a consulting contract, it is anticipated that this Agreement will be amended to specify in greater detail how the contract costs will be apportioned, and other operational matters. 4. Consulting Contract: Insurance; Confidentiality A. Unless the parties agree otherwise, any consulting contract entered into pursuant to this agreement shall contain the provisions set forth under "Insurance Requirements" on pages 8 and 9 of the draft Request for Proposal attached hereto as Exhibit "A." B. It is the intention of the parties to this agreement that, to the greatest extent permitted by law, the evidence gathered and prepared by the consulting firm shall be confidential and shall be fully protected from disclosure by the work product rule, attorney-client privilege and other applicable doctrines. To preserve such confidentiality, any consulting contract entered into pursuant to this agreement shall contain appropriate provisions requiring strict confidentiality and requiring all evidence, reports and other items gathered or prepared by the consulting firm to be submitted to each party's County Counsel's office. 3 of 5 COUNTY OF ALAMEDA COUNTY OF CONTRA COSTA By 6dofjSjupervisors5 air o t Boa Board of S rvisors APPROVED AS TO FORM: ATTEST: Phil Batchelor, KELVIN H. BOOTY, JR. Clerk of the Board of Supervisors County Counsel and County Administrator By M By._Z Deputy Deputy ATTEST: William Mehrwein APPROVED AS TO FORM: Clerk of the Board of VICTOR J. WESIi`9AN, Supervisors County Counsel BY` 1 f J By ( ., , Deputy Del5uty 1 hereby certify under pona!ty of perjury tliat the Chairman of the Board of Supervisors was duly authorized to execute This document on behalf of he �oun� , f lemeda by a majority vote of the Board on 6 and that a copy has been delivered to the Chairman as provided by Government Code Section 25103. Attest: (i'AR ��-��---- WILLIAM MEHRWEIN,Clerk,Board of Supervisors.County of Ahmed Calif .�_..,....► BY 77 j� Page 5 of 5