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HomeMy WebLinkAboutMINUTES - 06161992 - 1.18 TO: BOARD OF SUPERVISORS FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: JUNE 16, 1992 I .. SUBJECT: APPROVAL OF MANAGEMENT AGREEMENT BETWEEN THE COUNTY AND THE BLACKHAWK. ROAD PARK COMMITTEE SPECIFIC REQUEST(S) OR RECOMMENDATION(S) &BACKGROUND AND JUSTIFICATION 1. Recommended Action: AUTHORIZE the Chair to execute the Management Agreement between the County and the Blackhawk Road Park Committee for the maintenance of the Blackhawk Road Park. II. Financial Impact: The Agreement provides for the expenditure of$125,000 for fiscal year 1991/92 and$125,000 for fiscal year 1992/93. .Funds for this Agreement area available from tax revenues from County Service Area M-23 III. Reasons for Recommendations and Background: 0 The various Blackhawk Homeowners Associations and Business Corporations who pay taxes into County Service Area M-23 had requested that they have more input and control of funds spent to maintain and repair the landscaping along Blackhawk Road. The Board on October 22, 1991, took action to respond to their request by declaring the landscape area within the Blackhawk Road right of way a park. The Park Committee will determine what maintenance and repair work they want done and in what order. They will hire a contractor, inspect the work being done and approve. progress payments to be made. The County will administer the funds and make payments directly to.the contractor. IV. Consequences of Negative Action: If this Agreement is not approved, the maintenance and repair work will not be done in the manner desired by those who are providing the funds. Continued on Attachment: X SIGNATURE: _ RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF.BOARD ON JUN'1 1992 APPROVED AS RECOMMENDED OTHER _ VOTE OF SUPERVISORS ✓ UNANIMOUS.(ABSENT 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 MEM:Iv Board of Supervisors on the date shown. c:BO\16.t6 ATTESTED: JUN 6 1992 m n� PHIL BATCHELOR,Clerk of the Board Orig. Div: Public Works (ADMIN.) of Supervisors and Co my Administrator cc: County Administrator County Auditor/Controller 13Y Deputy County Counsel Jean Bates and Associates PAYMENT PROVISIONS 1. Payment Amounts. Subject to the Payment Limit listed in Section 3 of the Agreement, and subject to the following Payment Provisions, County will pay monthly, directly to Committee's contractors and consultants, an amount equal to Committee's approved costs that are actually incurred each month. 2. Payment Demands. Committee shall submit invoices monthly for payment. Committee shall submit said invoices for payment for work or services rendered no later than 30 days from the end of the month in which said work or services are actually rendered. Each invoice submitted by the Committee shall describe in detail the work or services rendered, the location(s) at which work or services were performed and the date(s) on which work or services was performed. Upon determination by the Public Works Director or designee that the work or services listed in the invoice have been completed in compliance with all requirements of the Agreement and that the invoice is approved for payment, County will make payment as specified in Paragraph 1. 3. Right to Withhold. County has the right to withhold payment to when, in the opinion of the County expressed in writing to the Committee (a) the Assignee performance, in whole or in part, either has not been carried out or is insufficiently documented, (b) the Committee 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) Committee has failed to sufficiently itemize or document its demand(s) payment. 4. Audit Exceptions. Committee agrees to accept responsibility for receiving, replying to, and/or complying with any audit exceptions by appropriate County, State, or Federal audit agencies occurring as a result of its performance of this Contract. Committee also agrees to pay to the County within 30 days of demand by County the full amount of the County's liability, if any, to the State and/or Federal government resulting from any audit exceptions, to the extent such are attributable to the Committee's failure to perform properly any of its obligations under this Agreement. 5. Annual Report. Committee shall deliver to the County an annual report of its activities hereunder, including an annual audit report that conforms to generally accepted auditing standards prepared by a certified public accountant or public accountant showing in detail the gross annual receipts and disbursements hereunder. The report shall describe all funds and revenues disbursed by County for Committee's operation of the facilities and concessions described in this Agreement. EXHIBIT 'A" SERVICE PLAN Committee shall cause to be installed, operated, repaired and maintained within Blackhawk Road Park, landscaping, irrigation systems and other related appurtenances (referred to as the"facilities"), as provided in Resolution No. 91/704 adopted by the Contra Costa County Board of Supervisors on October 22, 1991. SPECIAL CONDITIONS 1. The Committee shall provide written monthly reports to Contra Costa County which include a narrative regarding the activities of the previous month and a financial accounting. 2. On or before April 1st of each year, the Committee shall provide a list of proposed expenditure to the County for consideration in the annual budget process for the upcoming fiscal year. County's consideration of the budget and list shall not in any way obligate County to continue or renew this Agreement. EXHIBIT "B"