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HomeMy WebLinkAboutMINUTES - 06041991 - 1.106 TO: BOARD OF SUPERVISORS sE Contra FROM: Phil Batchelor, County Administrator -/- Costa nt „s County May 30, 1991 �`o - -_ �P�,`° DATE: s-- rq couN� SUBJECT: CONTRACT WITH SMITH & ACKLER FOR LEGISLATIVE REPRESENTATION SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: Approve and authorize the Chairman to execute on behalf of the County a contract with Smith & Ackler, 9.15 L Street, Suite 1440, Sacramento, CA 95814 for legislative representation of the County in the areas of transportation and public works, as more particularly set forth in the service plan which is attached to the contract. The contract is effective' January 1, 1991 and terminates December 31, 1991. The payment limit on the contract is $40,000, including a flat payment of $3,000 per month (which is for not to exceed 30 hours of work per month) , . plus actual and necessary expenses not to exceed $4,000 per year. Services required in addition to 30 hours per month can be reimbursed at a rate of $100 per hour with prior approval by the County. BACKGROUND: For several years, the County has contracted with D.J. Smith for legislative advocacy and related personal services in the area of transportation, congestion management, and public works. The Public Works Director and Community Development Director recommend that 'the contract be renewed for an additional calendar year. The service plan to the attached contract identifies in some detail the types of activities in which Mr. Smith will be engaged under the terms of this contract. CONTINUED ON ATTACHMENTYeS YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON- June 4, 19 1 APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS X 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. CC: ATTESTED 41, /-� "g / Please see Page 2. PHIL9ATCHELOR,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR BY DEPUTY M382 (10!88) In view of the achievements Mr. Smith has been able to achieve for the County in the past and the critical transportation issues which are currently pending in this County, it is recommended that the Board approve the attached contract. cc: County Administrator County Counsel Auditor-Controller Director, GM&ED Agency Public Works Director Community Development Director D.J. Smith, Smith & Ackler 915 L Street, Suite 1440 Sacramento, CA 95814 4 . ..C,,9ritra Costa County . Standard Form +i ff 7/86 SHORT FORM SERVICE CONTRACT 1. Contract Identification. Number Department: County Administrator Subject: Legislative Representative 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: Smith & Ackler Capacity: Partnership Taxpayer. I0 /meg-- 9.Z3Sy�2/ Address : 915 L Street, Suite 1440 Sacramento, CA 95814 3. Term. The effective date of this Contract is January 1, 1991 and it terminates December 31, 1991 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 $ • 40,000 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 submission of a properly documented demand for payment in the manner and form prescribed by County (Demand .Form D-15) 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 [ )q a. FEE RATE: $ 3,,000 per service unit: ( ) session, as defined below; or ( calendar month (insert day, week:;. or month) NOT TO EXCEED a total of service unit(s) . plus actual and necessary expenses not to exceed a [ ] b. Payment in full after approval by the Department. total of $4,000. [ ] c. As set forth in the attached Payment Provisions. 7. Contractor's Obligations. Contractor shall provide the following described services: See attached service plan. (Attachment A) 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. Nondiscriminatory Services. Contractor agrees that all goods and services under this Contract shall be available to all qualified persons regardless of age, sex, race, reli- gion, color, national origin, or ethnic background, or handicap, and that none shall be used, in whole or in part, for religious worship or instruction. -1- „ SHORT FORM :'SERVICE CONTRACT Number 10. Inde2endent 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. 11. 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 . 12. 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 , ev to 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 sub- contract with a value or cost of $10,000 or more over a twelve-month period, .such sub- contract 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, er t& 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. 13. Reporting Requirements. Pursuant to Government Code 57550, 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. OLD--1 ndemnification. The Contractor shall defend, save harmless n y the County and its o gra-,- s and employees from all -andclaims for damages for death, sickness' or injury to per y, including without limitation, .all consequential damages, from a w atsoever arising ected with the opera- tions or the o the Contractor hereunder, resulting .from the con u , nt se, of the Contractor, its agents or employees . NEW 14. INDEMNIFICATION. THE CONTRACTOR SHALL DEFEND, INDEMNIFY, SAVE, AND HOLD HARMLESS THE COUNTY AND ITS OFFICERS AND EMPLOYEES FROM ANY AND ALL CLAIMS,. COSTS AND LIABILITY FOR ANY DAMAGES, SICKNESS, DEATH, OR INJURY TO PERSON9SO OR PROPERTY, INCLUDING WITHOUT LIMITATION ALL CONSEQUENTIAL DAMAGES, FROM ANY CAUSE ,WHATSOEVER ARISING DIRECTLY OR INDIRECTLY FROM OR CONNECTED WITH THE OPERATIONS OR SERVICES OF THE CONTRACTOR OR ITS AGENTS, SERVENTS, EMPLOYEES OR SUBCONTRACTORS HEREUNDER, SAVE AND EXCEPT CLAIMS OR LITIGA- TION ARISING THROUGH THE SOLE NEGLIGENCE OR SOLE WILLFUL MISCONDUCT OF THE COUNTY OR ITS OFFICERS OR EMPLOYEES, AND WILL MAKE GOOD TO AND REIMBURSE THE COUNTY FOR ANY EXPEN- DITURES, INCLUDING REASONABLE ATTORNEYS FEES, THE COUNTY MAY MAKE BY REASON OF SUCH MAT- TERS AND, IF REQUESTED BY THE COUNTY WILL DEFEND ANY SUCH SUITS AT THE SOLE COST AND EXPENSE. OF THE CONTRACTOR. 15. Legal. Authority. This Contract is entered into under and subject to the following legal authorities : California Government Code Sections 26227 and 31000. 16. Signatures. These signatures attest the parties' agreement hereto: COUNTY OF CONTRA COSTA, CALIFORNIA CONTRACTOR BY BY besignee Appr County Mnstra4*or esignate official capacity) BY Designee Recomm n d by Depar C By �� (Form approved by County Counsel) Designee _2_ • Attachment A SERVICE PLAN TO ACCOMPANY CONTRACT WITH SMITH & ACKLER In exchange for the payments authorized by this contract, Contractor (Smith & Ackler) shall use his best professional efforts to accomplish the following: Protect current funding, levels for transportation programs. Speed up delivery of State Route 4 and BARTD extension project and assure the County' s share of TCI funds for the extension. Assist in formulating a strategy and implement that strategy to resolve the I-80 corridor congestion problems, specifically dealing with I-80 HOV Project. Assist in formulating a strategy to deal with the Mid-State Tollway Project Assist in negotiating an agreement with the Mid-State Tollway developer. Protect toll bridge funds for delivery of the. Benicia Bridge and Carquinez Bridge and monitor all toll bridge legislation. Seek funding and assist in the planning for Contra. Costa County' s commuter rail program, including. advice relative to the Commuter Rail planning effort funded by the Petroleum Violation Escrow Account funds obtained by the County last year. Promote legislation to fund the reconstruction of I-880, . I-280, the Embarcadero freeway and the seismic retrofit program outside of the State Highway Account. Monitor and promote the County' s interest in the State' s response to the Federal Surface Transportation Reauthorization Bill. Monitor Metropolitan Transportation Commission legislation, including legislative authorization for its Transportation Control Measures. Monitor developer fee legislation. Monitor privatization legislation. Monitor clean up legislation for Proposition 111. Monitor transportation planning legislation. Monitor competitive bidding legislation. Monitor truck traffic., freeway incident management, etc. , legislation'. Attachment A Monitor engineering, soil report and land surveying legislation. Monitor air quality legislation, judicial actions and regulatory activities, as it affects transportation planning and development. Continue, to work closely to assist the Public Works Department regarding their role in financing and implementing the State Route 4 improvement project. Facilitate and coordinate the transportation and growth management activities of the new Contra Costa Transportation Authority (CCTA) with those of Contra Costa County to ensure that the Public Works Department, Community . Development Department and OCTA develop effective, fully coordinated and complementary policies and programs. Act as the County' s representative with various State government committees, commissions and individuals involved in governmental affairs affecting the County' s interests in the subjects detailed above. This representation may include legislative advocacy as directed by the County— Accept day-to-day supervision regarding the County' s interests in this contract from J. Michael Walford, Public Works Director or his specified alternate in his absence. Meet not less than quarterly with the Board of Supervisors' Transportation Committee to brief the members of the Committee on the status of significant transportation related issues. Fully coordinate the preparation of County legislative positions and policies with Claude L. Van Marter, Assistant County Administrator. Upon prior approval by the Public Works Director or his specified alternate in his absence, Contractor may be reimbursed for any work in excess of 30 hours per month at a rate of $100 per hour. The parties to this contract recognize that the Contractor has other clients for whom the Contractor may perform services similar to those provided for herein, and may find from time to time that ,the interests of various clients may conflict with the interests of the County. Contractor agrees to advise the County of all such instances .wherein there is a conflict between the interests of the County and the interests of one or more of its other clients, and in each and every such instance agrees that the Contractor will take no action on behalf of the County or such other client or clients without the consent of the County.