HomeMy WebLinkAboutMINUTES - 04041995 - 1.47 TO: BOARD OF SUPERVISORS
FROM: Phil Batchelor
County Administrator
DATE: April 4, 1995
SUBJECT: Adjustment of Effective Date of Contract with National Economic
Research Associates, Inc. (NERA)
M/W/DBE Disparity Study
SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1. APPROVE contract amendment adjusting the effective date of the
contract with NERA.
2 . AUTHORIZE County Administrator or his designee to sign
amendment.
3 . DIRECT County Auditor to pay balance owing to NERA upon
notification by County Administrator that computer software is
acceptable.
FISCAL IMPACT
The adjustment of the effective date will not affect the cost to
the County, which has already been budgeted.
BACKGROUND/REASONS FOR RECOMMENDATIONS
On September 27, 1990, the Board approved the hiring of NERA to
conduct a joint study and prepare a report on the Minority/Women/
Disadvantaged Business Enterprise (M/W/DBE) programs of Contra
Costa and Alameda Counties and authorized the signing of a contract
with NERA. The purpose of the study and report was to enable the
two counties to comply with the requirements of City of Richmond v.
J.A. Croson Co. (1989) 109 S.Ct. 706 and to continue implementing
their M/W/DBE programs.
Because of certain cost-sharing issues between the two counties,
the actual contract with NERA was not executed until December 12,
1990, more than two months later. However, to ensure timely
completion of the study and report, NERA and its subconsultants
were directed to, and did, begin work prior to that time.
The study and report were. received by the Board on June 9, 1992 .
NERA has submitted a final bill to Contra Costa County for
$46,438.26, which represents our County's share of the balance
owing under the contract with NERA. Pending correction of certain
software problems, one half of that amount ($23,219. 13) was paid to
NERA.
CONTINUED ON ATTACHMENT: X YES SIGNATURE
X RECOMMENDATION OF COUNTY ADMINISTRATOR _ RECOMMENDATION OF BOARD COMMITTEE
X APPROVE OTHER
SIGNATURE(S): _ Q
ACTION OF BOARD ON n_� �C-1 5- APPROVED AS RECOMMENDED _ OTHER _
VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE
AND CORRECT COPY OF AN ACTION TAKEN
UNANIMOUS (ABSENT ) AND ENTERED ON THE MINUTES OF THE BOARD
AYES: NOES: OF SUPERVISORS ON THE DATE SHOWN.
ABSENT: ABSTAIN: I 95"
ATTESTE /
Contact: Emma Kuevor, Co. Admin. Ofc. (646-4106) PHIL BATCHELOR, CLERK OF
THE BOARD OF SUPERVISORS
cc: County Administrator's Office AND COUNTY ADMINISTRATOR
County Counsel
County Auditor-Controller BY �EPUTY
1
BACKGROUND/REASONS OR RECOMMENDATIONS (cont'd)
Revised software has been delivered to our County and the final
payment ($23, 107 .48) is now due. However, before payment can be
made, it is necessary that the effective date of the agreementbe
adjusted one month earlier to cover the actual dates of the
services performed by one of NERA's subconsultants—Perkins Coie.
CONSEQUENCES OF NEGATIVE ACTION
If the proposed amendment is not approved, $6,839. 64 of the final
payment cannot be made to NERA. NERA has completed the contract
work and final payment is due under the contract. If payment is
not forthcoming, NERA has indicated that it will file suit to
recover the balance owing.
2
MAR-28-1995 19:12 FROM CCC COUNSEL TO 9-1-914-4484088# P.002i003.
+7
SECOND AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES
1. PARTIES
Effective on April 4, 1995, the COUNTY OF CONTRA COSTA, a
political subdivision of the State of California, referred to
as "COUNTY, " and NATIONAL ECONOMIC RESEARCH ASSOCIATES, INC. ,
a California corporation, referred to as "VERA" or
"CONSULTANT," mutually agree and promise as follows:
2. PURPOSE
Effective November 14, 1990, the parties entered into an
agreement entitled "AGREEMENT FOR PROFESSIONAL SERVICES"
(referred to as the "Agreement") . The Agreement covers
various services by Consultant in connection with a joint
study of the Minority/Women/Disadvantaged Business Enterprise
Programs of the County and Alameda County. The Agreement has
previously been amended as follows: First Amendment dated May
22, 1992. Pursuant to Article XXIII of the Agreement, the
parties now desire to further amend the Agreement to adjust
the effective date.
3 . AMENDMENTS TO AGREEMENT
In the Agreement, change the effective date from November 14,
1990 to October 10, 1990.
4. REMAINING PROVISIONS
Subject to the changes made by this and the previous
amendment, all provisions of the Agreement shall remain in
full force and effect.
5. SIGNATURES
These signatures attest the parties' agreement hereto:
COMY CONSIMANT
By: By:
Chair, Bo rd of Supe isors (Si atur
Tit e:
&:e=Z
ATTEST: Phil Batchelor, Clerk
of the Board of Supervisors and
County Administrator
By:
Signature) fr00 l
Title: CQaJ[� (U--e[
By:
Deputy CVark 0'a 4 A 2--1
MAR-28-1995 19:13 . FROM CCC COUNSEL TO 9-1-914-4484088## P.003i003
FORM APPROVED:
Victor J. Westman, County
counsel
BY: 1.44111
IYL _
Davi F. Schmidt, Deputy
County Counsel
Note to Consultant: For corporations,the contract must be signed by two officers. The first signature must
be that of the chairman of the board, president or vice-president; the second signature must be that of the
secretary,assistant secretary,chief financial officer or assistant treasurer. (Civ. Code,Sea 1190 and Corps.
Code,Sea 313.) The acknowledgment below must be signed by a Notary Public.
, CURTIFICATE OF ACKNOWLEDGMENT
State of New `/l 6 � )
County of Wesc h n-"C y'
On the date written below, before me, the undersigned Notary
Public, personally appeared the person(s) signing above for
Consultant, personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized
capacity(ies) , and that by his/her/their signature(s) on the
instrument the person(s) , or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Dated: MWVA--aq )05--
[Notary's Sear
Notary Public
NotaryHiQ�of Now
Ouaiilied in VY er Co my
Commission Expiress�L ._„
TOTAL P.003