HomeMy WebLinkAboutMINUTES - 06281994 - 1.15 TO: BOARD OF SUPERVISORS
i
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE: JUNE 28, 1994
SUBJECT: APPROVAL OF THE MANAGEMENT AGREEMENT WITH THE CROCKETT RECREATION
ASSOCIATION; PROJECT NO. 7651-6X5185
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)& BACKGROUND AND JUSTIFICATION
I. Recommended Action:
AUTHORIZE the Chairto execute the Management Agreement between the County and the Crockett
Recreation Association with a payment limit of $60,000.
II. F'inanciallmpact:
Funds derived from special tax assessed on County Service Area P-1.
III. Reasons for Recommendations and Background:
The Crockett Recreation Association has been instrumental in managing the tennis courts and pool
at Alexander Park located at the corner of Pomona Avenue and Rolph Park Drive. This agreement
provides funding to continue the operation of the swimming pool and tennis court activities.
IV. Consequences of Negative Action:
The operation and maintenance of the pool, tennis courts and parks will go unfunded which would
result in the closure of the park facilities.
r
Continued on Attachment: SIGNATURE:
_RECOMMENDATION OF COUNTY ADMINISTRATOR.
_RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON JUN 2 81994 APPROVED AS RECOMMENDED tl OTHER
VOTE OF SUPERVISORS
V 07 UNANIMOUS (ABSENT )
AYES: NOES:
ABSENT: ABSTAIN:
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8n emiction taken and entered on the 9inuutt t Ot t�
Contact:Skip Epperly(510)313-2253 Board of Sup8111) the date shown.
AMSTED:BAT��-1a-f h Board__.
Orig. Div: Public Works (Admin.) PHIL BATCH LOR 06M-of the Board
cc: County Counsel of SuPe+disorg and unty Administrator
Auditor-Controller
Contractor By ,Deputy
Accounting
MANAGEMENT AGREEMENT
(Operation of Crockett Pool and Tennis Courts)
1. Parties. The County of Contra Costa, a political subdivision of the State of
California (County), and the Crockett Recreation Association (CRA), a California
non-profit public benefit corporation (Contractor), mutually agree and promise as
follows:
2. Term. The effective date of this Contract is July 1, 1994 and shall remain in effect
from fiscal year to fiscal year unless terminated as provided herein and shall be,
subject to all terms, conditions, and assurances contained or incorporated herein.
I Payment Limit. County's total payments to Contractor under this Agreement shall
be subject to the actual tax revenue received and shall not exceed $60,000.
4. County's Obligation. County shall make those allocation payments to the
Contractor described in the "Payment Provisions" attached hereto which are
incorporated herein by reference, subject to all terms, conditions, and assurances
contained or incorporated herein.
5. Contractor's Obligation. Contractor shall manage, operate, and maintain the
facilities as described in the Service Plan attached hereto as Exhibit "B", which is
incorporated herein by reference, subject to all the terms, conditions and
assurances contained or incorporated herein.
6. Compliance with Laws. Contractor shall be subject to and comply with all Federal,
State and local laws and regulations applicable with respect to its performance
hereunder, including but not limited to, licensing, employment and purchasing
practices; and wages, hours and conditions of employment.
7. Inspection. Contractor's performance, place of business and records pertaining to
this Agreement are subject to monitoring, inspection, review and audit by
authorized representatives of the County, the State of California, and the United
States Government.
8. Records. Contractor shall keep and make available for inspection by authorized
representatives of the County, the State of California, and the United States
Government,the Contractor's regular business records and such additional records
pertaining to this Agreement as may be required by the County.
9. Retention of Records. The Contractor and County agree to retain all documents
pertaining to this contract for three years from the date of submission of
Contractor's final payment demand or final Cost Report (whichever is later) under
this Agreement, and until all Federal/State audits are complete and exceptions
resolved for the funding period covered by this Agreement or for such further
period as may be required by law. Upon request, Contractor shall, at no additional
charge and without restriction as to use, make these records available to
authorized representatives of the County, the State of California, and the United
States Government.
10. Termination.
A. Written Notice. This contract may be terminated by either party, at its sole
discretion, upon forty-five (45) day advance written notice thereof to the
other, or cancelled immediately by written mutual consent.
B. Failure to Provide Insurance. Should Contractor at any time neglect or fail
to provide liability insurance described in Section 21.a, or should the liability
insurance lapse or be cancelled for any reason, this Agreement shall
terminate immediately without notice from County to Contractor.
C. Other Remedies. In the event Contractor breaches this Agreement, County
shall not be limited to the provisions of this section, but shall have the right
to any other remedies provided by law or equity.
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11. Entire Agreement. This Agreement contains all the terms and conditions agreed'
upon by the parties (including payment provisions and operation schedule).
Except as expressly provided herein, no other understandings, oral or otherwise
regarding the subject matter of this Agreement shall be deemed to exist or to bind
any of the parties hereto.
'12. Further Specifications for Oeerating Procedures. Detailed specifications of
operating procedures and budgets required by this Agreement, including, but not
limited to, monitoring, auditing, billing, or regulatory changes, may be developed
and set forth in written Informal Agreements entered between the Contractor and
the County. Such informal Agreements shall be designated as such and shall not
be amendments to the Agreement except to the extent that they further detail or
clarify that which is already required hereunder. Such Informal Agreements may
not enlarge in any manner the scope of this Agreement, including any sums of
money to be paid the Contractor as provided herein. Informal Agreements may
be approved and signed by the Public Works Director or his designee.
13. Modification and Amendments.
A. General Amendments. This contract may be modified or amended by a
written document executed by the Contractor and the Contra Costa County
Board of Supervisors or, after Board approval, by its designee.
B. Administrative Amendments. Subject to the Payment Limit, the Payment
Provisions and the Service Plan may be amended by a written
administrative amendment executed by the Contractor and the County
Administrator or his designee, provided that such administrative
amendments may not materially change the Payment Provisions or the
Service Plan.
14. Choice of Law and Personnel Jurisdiction.
A. This contract is made in Contra Costa County and shall be governed and
construed in accordance with the laws of the State of California.
B. Any action relating to this contract shall be instituted and prosecuted in the
courts of Contra Costa County.
15. Conformance with Federal and State Regulations. Should Federal or State
regulations touching upon the subject of this contract be adopted or revised during
the term hereof, this Agreement shall be amended to assure conformance with
such Federal or State requirements.
16. No Waiver by County. Inspections, approvals, or Statements by any officer, agent
or employee of the counting indicating the Contractor's performance or any part
thereof complies with the requirements of this Agreement, or acceptance of the
whole or any part of said performance, or payments therefor, or any combination
of these acts, shall not relieve the Contractor's obligation to fulfill this Agreement
as prescribed; nor shall the County be thereby stopped from bringing any action
for damages or enforcement arising from any failure to comply with any of the
terms and conditions hereof.
17. Independent Contractor Status. This Agreement is by and between two
independent Contractors and is not intended to and shall not be construed to
create the relationship of agent, servant, employee, partnership, joint venture or
association.
18. Conflicts of Interests. Contractor promises and attests that the Contractor and any
members of its governing body, and any subcontractors hired by Contractor with
County's approval, shall avoid any actual or potential conflicts of interest.
Contractor agrees to furnish to the County upon demand a valid copy of its most
recently adopted bylaws and also a complete and accurate list of its governing
body (Board of Directors or Tfustee#and to timely update said bylaws or the list
of its government body O,g GW,ges in such governance occur.
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19. Nondiscriminatory Services.. Contractor agrees that all facilities, goods and
services under this Agreement shall be available to all qualified persons regardless
of age, sex, race, religion, color, national origin, or ethnic background, and the
Contractor shall not knowingly permit the use of the facilities in whole or in part for
religious worship or instruction
20. Indemnification. The Contractor shall defend, indemnify,.save and hold harmless
County and its officers, agents and employees from all liabilities and claims for
damages for death, sickness or injury to persons or property, including without
limitation, all consequential damages, arising directly or indirectly from, or in any
way connected with, the operations or the services of the contractor hereunder,
resulting from the conduct, negligent or otherwise, of the Contractor, its agents,
subcontractors, or employees, the County, its agents or employees, or any other
person or entity, save and except for injuries or damage arising from the sole
negligence of County.
21. Insurance. During the entire term of this Agreement and any extension or
modification thereof, the Contractor shall, at its own expense, keep in effect
insurance policies meeting the following insurance requirements:
A. Liability Insurance. The Contractor shall provide a policy or policies of
comprehensive general liability insurance, including broad form contractual
coverage and coverage for owned and non-owned vehicles, naming the
County and its officers, agents and employees as additional insureds, with
such coverages and limits as may reasonably be requested by the County
from time to time, but in no event for less than minimum combined single
limit coverage of $1,000,000 for all damages because of bodily injury,
sickness or disease, or death to any person and damage to or destruction
of property, including the loss of use thereof, arising from each accident or
occurrence.
B. Workers' Compensation. The Contractor shall provide a policy of workers'
compensation insurance, in compliance with California law.
C. Additional Provisions. The policies shall include a provision for thirty (30)
days written notice to County before cancellation or material change of the
above specified coverage. Said policies shall constitute primary insurance
as to the County, the State and Federal Governments its officers, agents,
and employees, so that other insurance policies held by County shall not
be required to contribute to any loss covered under the Contractor's
insurance policy or policies. Not later than the effective date of this
Agreement, the Contractor shall provide the County with certificates of
insurance evidencing the above insurance and requiring 30 days written
notice of policy lapse or cancellation or material change in coverage.
22. Notices. All notices and reports provided for by this Agreement shall be in writing
and may be delivered by deposit in the United States mail, postage prepaid.
Notices to the County shall be addressed to the Public Works Director, Public
Works Department, 255 Glacier Drive, Martinez, CA 94553. Notices to the
Contractor shall be addressed to the following address: Crockett Recreation
Association, P.O. Box 174, Crockett, CA 94525. The effective date of notice shall
be the date of deposit in the mails or of other delivery.
23. Non-renewal. Contractor understands and agrees that there is not representation,
implication, or understanding that the services provided by Contractor under this
Agreement will be purchased by County under a new contract following expiration
or termination of this Agreement, and waives all rights or claims to notice or
hearing respecting any failure to continue purchase of all or any such services
from Contractor.
24. Waste, Quiet Conduct. Contractor shall not commit, or suffer to be committed, any
waste upon the facilities, or any nuisance or other act or thing which may disturb
the quiet enjoyment of the use of the surrounding property.
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25. Use of the Premises. Thi facilities shall be used during the term of this
Agreement for the exclusive and public purpose of operating community
recreational programs and shall be operated, equipped and staffed by Contractor
in accordance with good community relations practice and may include storage,
administration, management and supervision,facilities and functions but only to the
extent necessary to service the center on the premises.
26. Subcontractor and Assignment. Contractor shall not assign this Agreement or any
interest therein, and shall not enter into subcontracts exceeding five thousand
dollars in one fiscal year (July through June 30) as to any one subcontractor for
any work contemplated under this Agreement, without first obtaining the written
consent of the County. The terms and conditions of this Agreement shall extend
to, be binding upon and inure to the benefit of the successors, representatives and
assigns of the respective parties hereto.
27. Availability of Facilities. Contractor is aware that the source of the payments
described in Section 4 and Exhibit "A" of this Agreement is the proceeds of a
special tax approved on June 3, 1986, by the voters of County Service Area P-1.
Contractor shall make the facilities (defined in Exhibit "B") available on an equal
basis, and without discrimination of any kind, to the general public, including all
reVde oters of County Service Area P-1.
S naturT ese res attest the parties' Agreement hereto:
Coun F COA CALIFO IA Contractor
By: By:
Chair/
hair Board of Supervisors Designate Official Capacity in
Organization
ATTEST: Phil Batchelor, Clerk
of the Board of Supervisors
and County Administrator
Q, By:
By: a3 ,� /1� rr� (Designate Official C city
Deputy Organization)
Recommended for Approval:
J. Michael Walford Note to Contractor.
Public W/ s Dire or Execute acknowledgement form above, and if a
corporation, designate official capacity in
By: � business, execute acknowledgement form and
affix corporation seal or notary Statement.
Form Approved: County Counsel
Victor J. Westman
By:
Deputy
(Affix Appropriate
Acknowledgement Form)
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EXHIBIT "A"
PAYMENT PROVISIONS
Number: Crockett Recreation Association
1. Payment Amounts. Subject to the Payment Limit listed below and in Section 3 of the
Agreement, and subject to the following Payment Provisions, County will pay Contractor monthly,
an amount equal to Contractor's allowable costs that are actually incurred each month.
A. Budget Items B. County Funds C. Contractor's Funds D. Total
Revenue E. $60,000 $25,000 $85,000
Expenditures
Salaries
Payroll Taxes
Insurance
Tax Collection
Landscape Maint.
Pool Maint.
Utilities
Pool Supplies
Pool, Building &
Grounds Improvements
Miscellaneous
TOTAL E. $60,000 $25,000 $85,000
NOTES: (a) Detailed budget categories
(b) Items are eligible to be funded by County funds.
(c) Estimate of other necessary expenditures that cannot be funded with
County monies; but rather from Contractor's revenues and estimated grants
(d) Sum of (b) and (c) above including both County and Contractor funds
(e) Payment Limit for County funds
2. Payment Demands. Contractor shall submit invoices monthly for payment in accordance with
Paragraph 1. (Payments Amounts) above. Contractor shall submit said invoices for payment
for services rendered no later than 30 days from the end of the month in which said services are
actually rendered. Upon approval of said payment by the Public Works Director or his designee,
County will make payments as specified in Paragraph 1. (Payments Amounts) above.
3. Right to Withhold. County has the right to withhold payment to the Contractor when, in the
opinion of the County expressed in writing to the Contractor, (a) the Contractor's performance,
in whole or in part, either has not been carried out or is insufficiently documented, (b) the
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
sufficiently itemize or document its demand(s) for payment.
4. Audit Exceptions. Contractor 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. Contractor 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 Stat and/or Federal Government resulting from any audit exceptions, to the extent such are
attributable to the Contractor's failure to perform properly any of its obligations under this
Agreement.
5. Annual Audit. Contractor shall deliver to the County an annual report of its activities hereunder,
including an annual 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 audit shall describe all funds and revenues received by
Contractor through operation of the facilities and concessions described in this Agreement.
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a
EXHIBIT "B" '
SERVICE PLAN -OPERATION SCHEDULE
1. The Crockett Recreation Association(Contractor)will operate and maintain the Crockett pool,park
and tennis courts(referred to as"the facilities"located on the northeast corner of Pomona Avenue
and Rolph Park Drive in Crockett(parcel#354-103-24)in accordance with the following schedule:
Swimming Pool
A. October 1 through January 31 pool closed. Contractor to provide winter maintenance.
B. February 1 through April 30. Facility open for John Swett High School Swim Team
practice. Contractor to provide maintenance; supervision by John Swett High School.
C. May 1 through May 31. Facility open for Crockett Recreation Swim Team and the John
Swett High School Physical Education classes. Contractor to provide maintenance;
supervision by Crockett Recreation Swim Team and John Swett High School.
D. Pool open for Memorial Day weekend.
E. Last day of school through Labor Day. Facility open based on the following schedule.
Contractor to provide maintenance, supervision and lifeguards.
Daily Operations
8:00 - 9:30 Swim Team practice Monday - Friday
10:00 - 1:00 Swim Lessons Monday - Friday
1:00- 5:00 Public Swimming (7 days a week)
5:00 -6:00 Swim Lessons Monday - Friday
6:00 - 9:00 Adult Class + Public Swimming (Monday-Friday)
Park and Tennis Courts
To be open and posted 6:00 a.m. and closes one (1) hour after sunset.
SPECIAL CONDITIONS - PERFORMANCE STANDARDS
1. The Contractor shall provide written monthly reports to Contra Costa County and the Citizens
Advisory Committee for County Service Area P-1,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 Contractor shall provide a proposed operational and
maintenance budget and list of proposed capital improvements to the county and to the Citizens
Advisory Committee for County Service Area P-1, 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.
3. To ensure that the facilities are available for use by all residents of County Service Area P-1, the
Contractor shall submit, for review and approval by County and the Citizens Advisory Committee
for County Service Area P-1, copies of(a) the proposed application forms for individuals, groups
or organizations desiring to rent the facilities, (b) fee schedule, and (c) rules governing use of the
facilities.
4. The Contractor shall operate and maintain the facilities in a manner consistent with recommended
standards for public facilities. The Contractor shall, at its own expense, arrange for garbage
collection,at the facilities by an authorized disposal company,and arrange for regular maintenance
of the park and tennis courts by a licensed contractor or contractors.
5. The Contractor shall assess the John Swett High School a flat fee annually for pool usage.
6. Prior to changing the schedule or any other matters set forth in this Service Plan and, in particular,
prior to imposing or increasing any charges or fees for use of the facilities,the Contractor shall first
submit each proposed change, charge or fee to the Citizens Advisory Committee for County
Service Area P-1, for review and approval and obtain the written approval of the Public Works
Director or his representative.
7. Revenues generated by the selling of food or other concessions will belong solely to the Crockett
Recreation Association, but must be utilized to meet expenses for operation and maintenance of
the pool. The cost and revenues derived will be included in the monthly reports with all other
financial transactions.
8. Repairs and alterations made to the facilities will be done in priority order so as to reduce public
liability and keep the facilities safe and operational.
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CROCKETT'RECREATION ASSOCIATION
P.O. BOX 174
CROCKETT, CA 94525
DRAFT
RESOLUTION
The Board of Directors of the Crockett Recreation Association hereby resolves:
1. To approve the 1994-95 Management Agreement with the County of Contra Costa
for the operation and maintenance of the Crockett pool, park and tennis courts.
2. That the President and the Secretary are hereby authorized to execute the above
mentioned agreement on behalf of the Crockett Recreation Association.
3. 1 certify th t in duly constituted meeting of the Board of Directors held on
/ , with a quorum of members present, this Resolution was
unan mo sly Ipassed. This is a true and correct copy of the above Resolution.
n
DATED: / Z 7 g
Ron WUsbn, President
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