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HomeMy WebLinkAboutMINUTES - 04141998 - C125-C129 TO: BOARD OF SUPERVISORS VV FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: March 17, 1998 SUBJECT: San Ramon Transportation Corridor Fiberoptic Cable License Fee, San Ramon SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION 1. Recommended Action: AUTHORIZE transfer of$40,000 per year from fiberoptic cable license fees for a total of ten years to be used to upgrade and convert the County's microwave transmission system. II. FinandaLlnip=A: None to the General Fund Ill. na for Recommendations and B karound_: On December 19, 1995 the County executed a license agreement with GST Telecom, Inc. (GST) for installation of a fiberoptic system in the former Southern Pacific Right-of-way and in a portion of the Walnut Creek channel. In exchange for the license, GST agreed to pay the County $1.75/lineal foot for 15 years. Currently, County receives $130,000 per year. These funds are used to pay for maintenance of the Southern Pacific Right of Way. In 1997 the General Services Department executed an agreement with PacBell to upgrade and convert our microwave transmission system. The agreement obligated the County to repay PacBell our portion of the cost over a ten year period. It is, therefore, recommended that this money come from part of the fiberoptic fees received each year from GST. IV. Consequences of Negative Actlan: d The County would be unable to meet its financial obligation to PacBell menu of it's share of the microwave transmission system. ' Continued on Attachment:_x_._ SIGNATURE. RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE —APPROVE —OTHER SIGNATURE S : ACTION OF BOARD ON APR 14 1998 APPROVE©AS RECOMMENDED OTHER I hereby certify that this is a true and correct copy of an action talon and entered on the minutes of the Uoard of Supervisors on the date shown. APR 14'1991 VOTE OF SUPERVISORS ATTESTED: UNANIMOUS {ABSENT ' } PHIL BATCHELQ4R, Cietk of the Board AYES: NOES: of Supervisors n d Cuunty Administrator ABSENT: ABSTAIN: RG:drg SYi; s Deputy giadmin:BO-FIBEROPTIC Orlg.Div: Public Worcs(ADMIN) Contact: Roger Gilchrist(313-2372) cc: CAO Auditor Controller Eileen Doten,APC M.Shiu,Deputy TO: BOARD OF SUPERVISORS FROM: PHIL BATCHELOR,COUNTY ADMINISTRATOR DATE: SUBJECT: APPROVING AND AUTHORIZING THE ISSUANCE OF A CHANGE ORDER TO THE CONTRACT FOR BID PACKAGE NO,3-CONSTRUCTION OF NEW HOSPITAL,2500 ALHAMBRA AVENUE,MARTINEZ(WH580B) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION L RECOMMENDATION APPROVE the issuance of Change Order No. 198 and 199 to the Contract dated February 7, 1995 issued to Centex Golden Construction Co, for the Construction of a New Hospital at 2500 Alhambra Avenue, Martinez, and AUTHORIZE the County Administrator or his designee to execute the Change Orders for these changes described in Section III below. II. FINANCIAL IMPACT The total amount is$207,608. Funds in the capital account established for the project are sufficient to cover the amount encumbered by this contract, from bond proceeds specified to the project. Bond financing for the total project cost was secured in May, 1992 in accordance with the Board of Supervisors' direction. CONTINUED ON ATTACHMENT: X YES SIGNATURE: ,4t, RECOMMENDATION OF VNTY ADMINISTRATOR_ RECOMMENDATION OF MARD COMMITTEE APPROVE OTHER SIGNATURE(S): / ACTION OF BOARD ON APR 14 19% APPROVED AS RECOMMENDED y OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE f AND CORRECT COPY OF AN ACTION TAKEN UNANIMOUS(ABSENT ) AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. AYES: NOES: ABSENT: ABSTAIN: A PR 14 1998 ATTESTED PHIL BATCHELOR,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR BY DEPUTY CONTACT: L.Lockwood,CAO CC: Auditor/Controller GSD(Accounting) O'Brien Kreitzberg(via CAO) Contractor(via CACI) Page I of 2 Board Order to Approve Issuance of a Change Order for Merrithew Memorial Hospital Replacement Project Bid Package No.3 III. REASONS FOR RECOMMENDATIONS On November 4, 1997, the Board authorized funds for a number of developing changes required in response to code, licensing, operational and unforeseen condition issues. The work associated with that Board Order is now complete. Two items exceeded the not-to-exceed limitation,and therefore require supplemental authorization. Proposed Change Order No.591 Revisions to the Super Entrance $140,000.00 Once work began on a revised supply entrance to the hospital,numerous underground obstructions were discovered,such as building foundations and.utilities. Before the entry work could be installed,these interfering utilities had to be relocated at additional cost. In addition, the scope of this work was expanded to install an additional retaining wall and fencing around the south edge of the entry circle. The cost for this Change Order totals$140,000,an increase of$70,000 from the original authorization. Proposed Change.Order No.768.2-Psychiatric and Geriatric Unit Changes $07,608.00 State Licensing directed changes required to assure patient and staff safety became more extensive as security hardware and electronics were installed and tested. The major cost increase was the need to install security receiving devices in every patient occupied space. Initially,receivers for the staff personal alarms were only located in the corridors and day room areas. Upon testing this low power wireless system,we discovered that it did not reliably work in patient rooms and toilets. This problem was solved by adding devices in these undetected roams. This proposed Change Order totals$67,608,which is$48,179 more than the amount originally authorized on November 4, 1997, Page 2 of 2 _. ......... ......... ......... ......... ......... ......... ......... ......... ....._.. . _ _.... ........ ._................._........ .......... ._......... ......._._.. ......... _....._.. ......... ......... ......... ......... TO: BOARD OF SUPERVISORS FROM: Stephen L. Keir County Clerk-Recorder DATE: March 25, 1998 SUBJECT: Appproval of Contract with Metropolitan Van and Storage Inc. for Election Services Specific Request(s) or Recommendations(s) & Background & justification RECOMMENDATION.- APPROVE ECOMMENDATION.APPROVE and AUTHORIZE the County Clerk-Recorder to execute a contract with Metropolitan Van and Storage, Inc. for delivery, set up, take down, and return to storage of election equipment for the period of April 1 , 1998 through December 31 , 1998 in the amount of $205,000. FINANCIAL IMPACT: This contract was anticipated and is budgeted within the Election Division budget of the County Clerk-Recorder. REASONS FOR RECOMtdENDATIONfBACKGO 'D: The Contra Costa County Elections Office must deliver polling place supplies and official ballots prior to each election. This process must be completed in a very compressed time period. Metropolitan Van and Storage, Inc. has the resources available to complete deliveries in a timely manner. CONTINUED ON ATTACHMENT: YES Signature: Recommendation of County Administrator _ Recommendation of Board Committee Approve _ Other Signature(s): Action of Board on: APR 14 1991Approved as Recommended VI Other Vote of Supervisors: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN Unanimous (Absents } AND ENTERED ON THE MINUTES OF THE Ayes: Noes:Abstain: Absent: BOARD OF SUPERVISORS ON DATE SHOWN. �,... -..� Attested: APR -) ,-, cc: CAO-Justice System Programs Phil Batchelor, Clerk of the Board of County Clerk-Recorder of Supervisors and County Administrator Auditor-Controller Contractor Contact: Jeanine Mangewala 646-4308 By DEPUTY CcarE�.r Costa County Number 04622400 Sta`,dard 'Form 1/87 STANDARD CONTRACT (Purchase of Services) Fund/Org # 2353-2305 Account # 1. Contract Identification. Other # Department: ELECTION DEPARTMENT Subject: DELIVERY, SET UP, TAKE DOWN, AND RETURN TO STORAGE OF ELECTION EQUIPMENT 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: METROPOLITAN VAN & STORAGE, INC. 941695$09 Capacity: CORPORATION Taxpayer ID# Address: 537 STONE RD - STE E BENICIA, CA 94510 3. Term. The effective date of this Contract is APRIL 01, 1998 and it terminates DECEMBER 31 1998 unless sooner terminated as provided herein. 4. Payment Limit. County's total payments to Contractor under this Contract shall not exceed$100.00 5. County's Obligations. County shall make to the Contractor those payments described in the Payment Provisions attached hereto which are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. 6. Contractor's Obligations. Contractor shall provide those services and carry out that work described in the Service Plan attached hereto which is incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. 7. General and Special Conditions. This Contract is subject to the General Conditions and Special Conditions (if any) attached hereto, which are incorporated herein by reference. 8. Project. This Contract implements in whole or in part the following described Project, the application and approval documents of which are incorporated herein by reference: SEE ATTACHED SERVICE PLAN 9. Legal Authority. This Contract is entered into under and subject to the following legal authorities: CALIFORNIA ELECTIONS CODE SECTIONS 14100 et seq. 10. tanatureas. These signatures attest the parties' agreement hereto: COUNTY OF CONTRA COSTA, CALIFORNIA ATTEST: Phil Batchelor, Clerk of the Board BOARD OF SUPERVISORS of Supervisors and County Administrator By By Chairman Designee Deputy CONTRACTOR By (Designate official business capacity A.) (Designate official business capacity B.) Nate to Contractor: For corporations (profit or nonprofit), the contract must be signed by two officers. Signature A must be that of the president or vice-president and Signature B must be that of the secretary or assistant secretary (Civil Code §1190 and Corporations Code §313). All signatures must be acknowledged as set forth on page two. Contra Costa County Standard Form (Rev. 1/95) APPROVALS/ACKNOWLEDGMENT Number i APPROVALS RECOMMENDED BY DEPARTMENT FORM APPROVED COUNTY COUNSEL By By Designee Deputy APPROVED: COUNTY ADMINISTRATOR By: Designee ACKNOWY EDGMENT STATE OF CALIFORNIA ) ss. COUNTY OF CONTRA COSTA ) On before me (insert name and title of the officer), personally appeared 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 heJshe/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. (Seal) Signature ACKNOWLEDGMENT(by Corporation,Pacinemhip,or Individual) (Civil Code§1189) .................................................................. ...................................................................... SERVICE PLAN Number 04622400 Fund\Org # 2353-2305 Account # Other # The Contractor, Metropolitan Van& Storage, Inc., shall carry out the following work for Contra Costa County(Election Department): 1. The Contractor shall carry out election equipment delivery, setup, and pickup and return to storage(as set forth in paragraph two below) during the 1998 calendar year as follows: a. For April, approximately 80 precincts (at a cost of$8,695.20). b. For June, approximately 800 precincts(at a cost of$86,952.00). C. For September, approximately 200 precincts (at a cost of$21,738.00). d. For November, approximately 800 precincts(at a cost of$86,952.00). 2, For each election in 1998, the Contractor shall do the following work: a. The Contractor shall transport and deliver polling place booths to sites Designated by the Election Department. The Contractor shall designate the routes to the sites. The transport and delivery shall be completed four days before the election. For any site, the Contractor may arrange for earlier delivery and/or delivery on a specific day and time. b. The Contractor shall immediately notify the Election Department if the transport and delivery of polling place booths is not completed before the day of the election. C. The Contractor shall transport and deliver election officer,supplies to sites designated by the Election Department. The Contractor shall designate the routes to the sites. The transport and delivery shall be completed four days before the election, if the supplies are available from the Election Department. For any site, the Contractor may arrange for earlier delivery and/or delivery on a specific day and time. Sometimes, the election officers, rather than the Contractor, may pick up the supplies from the Election Department, Page 1 of 2 SERVICE PLAN Number 04622400 d. The Contractor shall set up each polling place by the Friday before the election, unless the Contractor has prearranged that the setup at a particular site will occur before 7:00 a.m. on election day. e. The Contractor shall take down polling places by the end of the first Friday following the election, unless the Contractor has prearranged that the polling place booths will be stared at a particular site until the next election. The Contractor shall give the Election Department a written list of the sites that will store polling place booths until the next election. f. The Contractor shall transport and deliver polling place booths and election officer supplies to storage facilities designated by the Elections Department. Page 2 of 2 Contra Costa County Standard Form 6/90 Pl'yMENT PROVISIONS (Cost Basis Contracts) Number 1. Payment Basis. Subject to the Payment Limit, payments to the Contractor for all services provided for County under this Contract shall only be for costs that are allowable costs that are actually incurred in the performance of Contractor's obligations under this Contract. 2. Payment Amounts. Subject to later adjustments in total paymentsasprovided below and subject to the Payment Limit of this Contract, County will pay Contractor as full compensation for all services, work, expenses or costs provided or incurred by Contractor: [Check one alternative only] [ ] a. $ monthly, or I ] b. $ Per unit, as defined in the Service Plan, or [ ] c. An amount equal to Contractor's allowable costs that are actually incurred incurred each month, but subject to the "'Budget of Estimated Program Expenditures" included in the Service Plan. d. As set forth in Paragraph 1. of the Service Plan. 3. Allowable Costs. Contractor's allowable costs are only those which are determined in accordance with: [Check applicable alternative] [ ] a. Department of Health and Human Services Administration of Grants Federal Regulations Title 45 Part 74 including any amendments thereto and the applicable Subpart listed hereunder; any other documents specified in the Service Plan regarding principles for determining and allocating the allowable costs of providing the services; and any standards set forth in the Service Plan for determining the allowability of selected items of costs of providing the services. [ ] Federal Management Circular A-87, including any amendments to the circular published in the Federal Register by OMB is to be used for determining allowable costs of activities conducted by state and local governmental agencies. j ] OMB Circular A-122, Including any amendments to the Circular published in the Federal Register by OMB is to be used for determining allowable costs of activities conducted by nonprofit organizations (other than government agencies, educational institutions, and hospitals) . j ] 41 CFR Subpart 1-15.2 shall be used for profit organizations other than hospitals. [ ] OMB Circular No. A-21, including any amendments to the Circular published in the Federal Register by OMB shall be the principles to be used for determining allowable costs by educational institutions (other than for-profit institutions) . E ] Appendix E subpart Q Section 74.173 shall be used for determining costs of research, development work, and other activities for determining allowable costs. Initials: Cont County Dept. -1- Contra Costa County Standard Form 6/90 PAYMFM PROVISIONS (Cost Basis Contracts) Number or C ] b. Such State regulations and documents as are set forth in the Service Plan regarding accounting guidelines, including standards for determining allowable or non-allowable costs. C } c. Part IV Department of Labor, Employment and Training administration, 20 CFR Part 674, Section 674.402 and any amendments thereto; and California Department of Aging Title V Operations Handbook, 1987, Section 505.4 and any amendments thereto. 4. Payment Demands. Contractor shall submit written demands. Said demands shall be made on County Demand Form D--15 and in the manner and form prescribed by County. Contractor shall submit said demands for payment no later than 30 days from the end of the month in which the contract services upon which such demand is based were actually rendered. Upon approval of said payment demands by the head of the County Department for which this Contract is made, or his designee, County will make payments as specified in Paragraph 2. (Payment Amounts) above. 5. Penalty for Late Submission. When Contractor fails to submit to County a timely demand for payment as specified in Paragraph 4. (Payment Demands) above, and as a result of Contractor's late submission the County is unable to obtain reimbursement from the State of California or otherwise; to the extent the County's recovery of funding is prejudiced, County shall not pay Contractor for such services, even though such services were fully provided. 6. Right to Withhold. County has the right to withheld 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. 7. Cost Report and Settlement. No later than forty-five (45) days following the termination of this Contract, Contractor shall submit to County a cost report in the form required by County, showing the allowable costs that have actually been incurred by Contractor under this Contract. If said cost report shows that the allowable costs that have actually been incurred by Contractor under this Contract exceed the payments made by County, subject nevertheless to the payment limit of this Contract, County will remit any such excess amount to Contractor, provided that the payments made, together with any such excess amount, may not exceed the contract payment limit. If said cost report shows that the payments made by County exceed the allowable costs that have actually been incurred by Contractor under this Contract, Contractor shall remit any such excess amount to County. Initials: Contractor County Dept. -2- Contra Costa County Standard Form 6/90 PAYMENT PROVISIONS (Cost Basis Contracts) Number 8. Audits. The records of the Contractor may be audited by the County, State, or United States government, in addition to any certified cost report or audit required by the Service Plan. Any certified cost report or audit required by the Service Plan shall be submitted to County by Contractor within such period of time as may be expressed by applicable State or Federal regulations, policies or contracts, but in no event later than 18 months from the termination date of this Contract. If such audit(s) show that the payments made by County exceed the allowable costs that have actually been incurred by Contractor under this Contract, including any adjustments made pursuant to Paragraph 7. (Cost Report and Settlement), then Contractor shall pay to County within 30 days of demand by County any such excess amount. If such audit(s) show that the allowable costs that have actually been incurred by Contractor under this Contract exceed the payments made by County, including any adjustments made pursuant to Pargaraph 7. (Cost Report and Settlement), then County agrees to pay to Contractor any such excess amount, provided that the payments made, together with any such excess payment, may not exceed the contract payment limit. 9. Audit Exceptions. In addition to its obligations under Paragraph 8. (Audits) above, 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 obligation, if any, to the State and/or Federal government resulting from any audit exceptions, to the extent such are attributable to the Contractor's failure to perform propertly any of its obligations under this Contract. Initials: Contractor County Dept. -3- Contra Costa County Standard Form 1/87 GENERAL CONDITIONS (Purchase of Services) 1. 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. 2. Inspection. Contractor's performance, place of business and .records pertaining to this Contract are subject to monitoring, inspection, review and audit by authorized representatives of the County, the State of California, and the United States Government. 3. Records. Contractor shall keep and make available for inspection and copying 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 Contract as may be required by the County. a. Retention of Records. The Contractor shall retain all documents pertaining to this Contract for five years from the date of submission of Contractor's final payment demand or final Cost Report; for any further period that is required by law; and until all Federal/State audits are complete and exceptions resolved for this contract's funding period. Upon request, Contractor shall make these records available to authorized representatives of the County, the State of California, and the United States Government. b. 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 or to the Comptroller General, 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 subcontract with a value or cost of $10,000 or more over a twelve-month period, such subcontract 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 County, to the Secretary or to the Comptroller General, 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 thereunder. 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. 4. Reporting Requirements. Pursuant to Government Code Section 7550, 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. _1_ Contra Costa County Standard Form 1/87 GENERAL CONDITIONS (Purchase of Services) 5. Termination. a. Written Notic"'. This Contract may be terminated by either party, at their sole discretion, upon thirty-day advance written notice thereof to the other, and may be cancelled immediately by written mutual consent. b. Failure to Perform. The County, upon written notice to Contractor, may immediately terminate this Contract should the Contractor fail to perform properly any of its obligations hereunder. In the event of such termination, the County may proceed with the work in any reasonable manner it chooses. The cost to the County of completing Contractor's performance shall be deducted from any sum due the Contractor under this Contract, without prejudice to the County's rights otherwise to recover its damages. C. Cessation of Funding. Notwithstanding Paragraph 5.a. above, in the event that Federal, State, or other non-County funding for this Contract ceases, this Contract is terminated without notice. 6. Entire Agreement. This Contract contains all the terms and conditions agreed upon by the parties. Except as expressly provided herein, no other understanding, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or to bind any of the parties hereto. 7. Further Specifications for Operating Procedures. Detailed specifications of operating procedures and budgets required by this Contract, including but not limited to, monitoring, evaluating, auditing, billing, or regulatory changes, may be developed and set forth in a written Informal Agreement between the Contractor and the County. Such Informal Agreements shall be designated as such and shall not be amendments to this Contract 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 Contract, including any sums of money to be paid the Contractor as provided herein. Informal Agreements may be approved and signed by the head of the County Department for which this Contract is made or his designee. 8. Modifications 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, subject to any required State or Federal approval. 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, subject to any required State or Federal approval, provided that such administrative amendments may not materially change the Payment Provisions or the Service Plan. 9. 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. -2- Contra Costa County Standard Form 1/87 GENERAL CONDITIONS (Purchase of Services) 10. Choice of Law and Personal 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, State of California. 11. Conformance with Federal and State Regulations and Laws. Should Federal or State regulations or laws touching upon the subject of this Contract be adopted or revised during the term hereof, this Contract shall be deemed amended to assure conformance with such Federal or State requirements. 12. No Waiver by County. Subject to Paragraph 9. (Disputes) of these General Conditions, inspections or approvals, or statements by any officer, agent or employee of the County indicating the Contractor's performance or any part thereof complies with the requirements of this Contract, 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 Contract as prescribed; nor shall the County be thereby estopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions of this Contract. 13. Subcontract and Assignment. This Contract binds the heirs, successors, assigns and representatives of Contractor. The Contractor shall not enter into subcontracts for any work contemplated under this Contract and shall not assign this Contract or monies due or to become due, without the prior written consent of the County Administrator or his designee, subject to any required State or Federal approval. 14. Independent 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. 15. Conflicts of Interest. Contractor, its officers, partners, associates, agents, and employees, shall not make, participate in making, or in any way attempt to use the position afforded them by this Contract to influence any governmental decision in which he or she knows or has reason to know that he or she has a financial interest under California Government Code Sections 87100, et seq. , or otherwise. 16. Confidentiality. Contractor agrees to comply and to require its officers, partners, associates, agents and employees to comply with all applicable State or Federal statutes or regulations respecting confidentiality, including but, not limited to, the identity of persons served under this Contract, their records, or services provided them, and assures that: a. All applications and records concerning any individual made or kept by Contractor or any public officer or agency in connection with the administration of or relating to services provided under this Contract will be confidential, and will not be open to examination for any purpose not directly connected with the administration of such service. -3- Contra Costa County Standard Form 1/87 GENERAL CONDITIONS (Purchase of Services) b. No person will publish or disclose or permit or cause to be published or disclosed, any list of persons receiving services, except as may be required in the administration of such service. Contractor agrees to inform all employees, agents and partners of the above provisions, and that any person knowingly and intentionally disclosing such information other than as authorized by law may be guilty of a misdemeanor. 17. Nondiscriminatory Services. Contractor agrees that all goods and services under this Contract shall be available to all qualified persons regardless of age, sex, race, religion, color, national origin, or ethnic background, or handicap, and that none shall be used, in whole or in part, for religious worship or instruction. 18. 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 person(s) 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, •servants, employees or subcontractors hereunder, save and except claims or litigation arising through the sole negligence or sole willful misconduct of the County or its officers or employees. Contractor will reimburse the County for any expenditures, including reasonable attorneys' fees, the County may make by reason of the matters that are the subject of this indemnification, and if requested by the County will defend any claims or litigation to which this indemnification provision applies at the sole cost and expense of the Contractor. 19. Insurance. During the entire term of this Contract and any extension or modification thereof, the Contractor shall keep in effect insurance policies meeting the following insurance requirements unless otherwise expressed in the Special Conditions: a. Liability Insurance. The Contractor shall provide comprehensive liability insurance, including coverage for owned and non--owned automobiles, with a minimum combined single limit coverage of $500,000 for all damages, including consequential damages, due to bodily injury, sickness or disease, or death to any person or damage to or destruction of property, including the loss of use thereof, arising from each occurrence. Such insurance shall be endorsed to include the County and its officers and employees as additional insureds as to all services performed by Contractor under this agreement. Said policies shall constitute primary insurance as to the County, the State and Federal Governments, and their officers, agents, and employees, so that other insurance policies held by them or their self- insurance program(s) shall not be required to contribute to any loss covered under the Contractor's insurance policy or policies. b. Workers' Compensation. The Contractor shall provide workers' compensation insurance coverage for its employees. C. Certificate of Insurance. The Contractor shall provide the County with (a) certificate(s) of insurance evidencing liability and worker's compensation insurancd as required herein no later than the effective date of this Contract. If the Contractor should renew the insurance policy(ies) or acquire either a new insurance policy(ies) or amend the coverage afforded through an endorsement to the policy at any time during the term of this Contract, then Contractor shall provide (a) current certificate(s) of insurance. d. Additional: Insurance Provisions. The insurance policies provided by the Contractor shall include a provision for thirty (30) days written notice to County before cancellation or material changes of the above specified coverage. -4- Contra Costa County Standard Form 1/87 GENERAL CONDITIONS (Purchase of Services) 20. Notices. All notices provided for by this Contract 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 head of the County Department for which this Contract is made. Notices to the Contractor shall be addressed to the Contractor's address designated herein. The effective date of notice shall be the date of deposit in the mails or of other delivery, except that the effective date of notice to the County shall be the date of receipt by the head of the County Department for which this Contract is made. 21. Primacy of General Conditions. Except for Special Conditions which expressly supersede General Conditions, the Special Conditions (if any) and Service Plan do not limit any term of the General Conditions. 22. Nonrenewal. Contractor understands and agrees that there is no representation, implication, or understanding that the services provided by Contractor under this Contract will be purchased. by County under a new contract following expiration of termination of this Contract, and waives all rights or claims to notice or hearing respecting any failure to continue purchase of all or any such services from Contractor. 23. Possessory Interest. If this Contract results in the Contractor having possession of, claim to or right to the possession of land or improvements, but dues not vest ownership of the land or .improvements in the same person, or if this Contract results in the placement of taxable improvements on tax exempt land (Revenue & Taxation Code Section 107), such interest or improvements may represent a possessory interest subject to property tax, and Contractor may be subject to the payment of property taxes levied on such interest. Contractor agrees that this provision complies with the notice requirements of Revenue & Taxation Code Section 107.6, and waives all rights to further notice or to damages under that or any comparable statute. 24. No Third-Party Beneficiaries. Notwithstanding mutual recognition that services under this Contract may provide some aid or assistance to members of the County's population, it is not the intention of either the County or Contractor that such .individuals occupy the position of intended third-party beneficiaries of the obligations assumed by either party to this Contract. 25. gMrights and Rights in Data. Contractor shall not publish or transfer any materials produced or resulting from activities supported by this agreement without the express written consent of the County Administrator. If any material is subject to copyright, the County reserves the right to copyright such and the Contractor agrees not to copyright such material. If the material is copyrighted, the County reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish, and use such materials, in whole or in part, and to authorize others to do so. -5- `Contra Costa County Standard Form 1/87 GENERAL CONDITIONS (Purchase of Services) 26. Required Audit. If Contractor is funded by $25,000 or more in .federal grant funds in any fiscal year from any source, Contractor shall provide to County at Contractor's expense an audit conforming to the requirements set forth in the most current version of office of Management and Budget Circular A-133. If Contractor is funded by $25,000 to $100,000 in federal grant funds in any fiscal year from any source, Contractor shall arrange for conduct of the federally-required audit biennially and shall submit the audit to County in the time, form, and manner required by the most current version of office of Management and Budget Circular A-133 and by County. If Contractor is funded by $100,000 or more in federal grant funds in any fiscal year from any source, Contractor shall arrange for conduct of the federally--required audit annually and shall submit the audit to County in the time, form, and manner required by the most current version of office of Management and Budget Circular A-133 and by County. Contractor is solely responsible for arranging for the conduct of the audit, and for its cost, and County may withhold the estimated cost of the audit or 10 percent of the contract amount, whichever is larger, or the final payment, from Contractor until County receives the audit from Contractor. 27. Endorsements. Contractor shall not in its capacity as a contractor with Contra Costa County publicly endorse or oppose the use of any particular brand name or commercial product without the prior approval of the Board of Supervisors. In its County contractor capacity, Contractor shall not publicly attribute qualities or lack of qualities to a particular brand name or commercial product in the absence of a well-established and widely- accepted scientific basis for such claims or without the prior approval of the Board of Supervisors. In its County contractor capacity, Contractor shall not participate or appear in any commercially-produced advertisements designed to promote a particular brand name or commercial product, even if Contractor is not publicly endorsing a product, as long as the Contractor's presence in the advertisement can reasonably be interpreted as an endorsement of the product by or on behalf of Contra Costa County. Notwithstanding the foregoing, Contractor may express its views on products to other contractors, the Board of Supervisors, County officers, or others who may be authorized by the Board of Supervisors or by law to receive such views. -6- To: BOARD OF SUPERVISORS Contra FROM: Terrence Starr, County Probation.Officer Costa County DATE: March 31, 1998 SUBJECT: Extend Electronic Monitoring Contract With Strategic Monitoring Services,Inc. SPECIFIC REQUEST{S)OR RECOMMENDATIONS)3 BACKGROUND AND JUSTIFICATION RECDAIMENDA'I'T N Approve and authorize the County Purchasing Agent to execute another extension of the current short-farm service contract#35521, in the amount of$70,000 per year,with Strategic Monitoring Services,Inc. for the provision of electronic monitoring services for the period January 1, 1998 through December 31, 1998. BACKGRQLJND This contract was entered into effective October 15, 1996 for 15 electronic monitoring units. As the program became established additional units were needed and we currently are using 75 monitoring units from Strategic. The estimated dollar amount for using these monitors per year is now$70,000. The per unit price for this equipment will remain firm for the length of the contract. In approximately 10 months, Probation Department staff will meet with the Sheriff's electronic monitoring;supervisor and the County Purchasing Agent to determine if these;two programs can be consolidated. FISCA.LAMF'._ACT The funding for this equipment is available in the Probation Department's budget as a result of cost savings generated by the Juvenile Electronic Monitoring program as an alternative to Juvenile Hall detention. C(Strateg.98 J7CONTINUED ON ATTACHMENT: YES SIGNATURE, f �y RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE ACTION OF BOARD ON APR 14 1998 APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HERESY CERTIFY THAT THIS IS A TRUE UNANIMOUS(ASSENT V ) 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: gFltact t Terry Starr, 3-4180 ATTESTED APR 1419" County Probation Of'f'icer County Administrator PHIL.BATCHELOR,CLERK OF THE BOARD OF County Auditor-Controller SUPERVISORS AND COUNTY ADMINISTRATOR County Purchasing Agent Contractor via Probation .r � t4 M382 (10/88) SY�=� DEPUTY 1je Contra TO: BOARD OF SUPERVISORS d FROM: Dennis M. Barry, Director of Community Development Count,f DATE: April 14, 1998 �•T SUBJECT: Agreement with the Contra Costa. Centre Association for the TDM program at the Pleasant Hill BART Station area for 1998-99 SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. Approve and authorize the Chair of the Board to sign an agreement with the Contra Costa Centre Association to manage the Transportation Demand Management ('TDM) program for the Pleasant Hill BART Station Area during 1998-99 in an amount not to exceed $320,450.00 (Exhibit A). 2. Authorize the Director of Community Development to charge up to $30,000.00 to the Pleasant Hill BART Station Area TDM Fee Account during 1998-99 for staff costs related to monitoring the TDM program and, if needed, a financial audit. 3.. Direct the Auditor-Controller to deposit$25,000.00 from the Pleasant Hill BART Station Area TDM Fee Account to the Contra Costa Centre Association, Van Replacement Account for the period 1998-99. 4. Authorize the expenditure of up to$50,000.00 from the Contra Costa Centre Association Van Replacement Account to match anticipated grant funds for the purchase of three vans to replace existing vans which have high mileage and are expensive to maintain. CONTINUED ON ATTACHMENT: X YES SIGNATURE ((i,. _ RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOA COMMITTEE APPROVE _ OTHER SIGNATURE(S): ACTION OF BOARD ON APPROVED AS RECOMMENDED __IL OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN AYES:II,III,IV,I ;NOES: ACTION TARN AND ENTERED ON THE ABSENT: V ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Orig Dept: Community Development ATTESTED APR 14 199$ Contact: Ernest '4rovakis, 335-1243 PHIL BATCHELOR, CIJERR OF cc: Contra Costa Centre Assn. (via CDD) THE BOARD OF SUPERVISORS Val Alexeeff, GMEDA AND COUNTY ADMINISTRATOR Jim Kennedy, Redev. Agency BY .; � DEPUTY til. Agreement with Centra Costa Centre Association April 14, 1998 Page 2 FISCAL IMPACT None to County general funds. The Pleasant Hill BART Station Area TDM Program is funded by the Pleasant Hill BART Station Area TDM Fee Account, which was established in 1983 by a voluntary assessment of the property owners. BACKGROUND/REASONS FOR RECOMMENDATIONS Contra Costa County has required a Transportation Demand Management (TDM) program for the Pleasant Hill BART station area since 1986 to encourage the use of alternative modes of transportation by station area employees in order to mitigate the traffic impacts resulting from the develoment of the area. The County has entered into an agreement with the Centra Costa Centre Association to manage the TDMprogram for the Pleasant Hill';BART Station area each year since 1990. These agreements are funded by the Pleasant Hill BART TDM fee account, which was created by a voluntary assessment of the property owners. The most recent agreement expired on June 30, 1997. The program has been funded since then by income from the vanpool program. In accordance with SB 437, which prohibits mandatory employer trip reduction programs, the program will be completely voluntary, offering commute alternative services to station area employees. There is no mandate requiring participation by employers or any penalty for nonparticipation. The project agreement for 1998--99 covers an 18-month period from January 1, 1998 through June 30, 1999. It continues funding for operating vanpools, for operating a noontime.shuttle service to nearby commercial areas, for matching a Caltrans grant which provides for on-site transit ticket sales, and for marketing and information programs. The 1998-99 project agreement has been reviewed by the County Counsel's office. This board order also authorizes County staff to expend up to $30,000 during the period of the agreement for project monitoring and a financial audit. In addition, $25,000 is to be transferred to a vanpool replacement account. The agreement also provides for the acquisition of three new vans to replace existing vans which have accumulated a high mileage and are expensive to maintain. The County has applied for a grant from the Transportation Fund for Clean Air on behalf of the Centre Association to cover half the costs of the three new vans and the other half will be met with funds from the "fan Replacement Account. r PROJECT AGREEMENT PLEASANT HILL BART STATION AREA TQM PROGRAM 1998-99 1. Agreement Identification. Department: Community Development Department Subject: Allocation of Pleasant Hill BART Station Area TDM Fee Account for TDM Program 2. Parties. The County of Contra Costa, California, hereinafter called "County", and the following named Contractor mutually agree and promise as follows: Contractor: Contra Costa Centre Association Address: 1350 Treat Boulevard, Suite 180 Walnut Creek, California 94596 3. Term. The effective date of this Agreement is January 1, 1998 and it terminates June 30, 1999 unless sooner terminated as provided herein subject to all terms, conditions, and assurances contained or incorporated herein. 4. Payment Schedule,. County's total payments to Contractor under this agreement shall not exceed $320,450.00 as shown in Attachment B. County shall make quarterly payments to Contractor equivalent to actual expenditures for the preceding quarter except that County will advance $50,000.00 to contractor to fund operations during the first quarter. Payments shall be made in accordance with the following schedule: June 1, 1998 reimbursement for January 1, 1998 - March 31, 1998 September 1, 1998 reimbursement for April 1, 1998 - June 30, 1998 December 1, 1998 reimbursement for July 1, 1998 - September 30, 1998 March 1, 1999 reimbursement for October 1, 1998 - December 31, 1998 June 1, 1999 reimbursement for January 1, 1999 - March 31, 1999 September 1, 1999 reimbursement for April 1, 1999 - June 30, 1999 County reserves the right to withhold any part or all of any payment if questions regarding expenditures arise which cannot be resolved to the satisfaction of the County. 5. County's Obligation. County shall make those allocation payments to the contractor described in Section 4, ("Payment Schedule"), for the work described in Attachment A hereto, subject to all terms, conditions, and assurances contained 1 or incorporated herein. County shall perform program monitoring and financial oversight. The County is authorized to charge the TDM fee account up to $30,000.00 for staff time and a program audit. 6. Contractor's Obligations. Contractor shall provide those services and carry out that work as described in the "TDM Work Program, 1998-98, Pleasant Hill BART Station Area," a copy of which is attached hereto as Attachment A and incorporated herein by this reference, subject to all the terms, conditions and certifications contained or incorporated herein. Contractor shall provide a quarterly statement of expenditures to the County with appropriate backup documentation within thirty days following the end of each calendar quarter. Any dispute regarding this agreement will be reviewed in accordance with Section 13. In the event County withholds payment, Contractor will not be required to make additional expenditures under this agreement until resolution is achieved on the withheld payments. 7. Status. Contractor is an independent contractor, and shall not be considered an employee(s)of the County. Any program established or operated';by the Contractor as part of the "TDM Work Program" shall not be considereda program of the County. 8. Insurance. Contractor shall obtain and maintain during the term hereof comprehensive automobile liability insurance protection against liability for damages for personal bodily injuries (including death) and for property damage, whether the property of one or more claimants, in an amount not less than $6,000,000.00 per occurrence (combined single limit) for combined bodily injury and property damage liability. In addition, the County of Contra Costa is named as additional insured, with thirty(30)days written notice of policy lapse or cancellation required. The Contractor shall also obtain collision and comprehensive (fire, theft, etc.) insurance (deductible not to exceed $500.00) for amounts equal to the actual cash value of each vehicle that is part of the project equipment. 9. Indemnification. Contractor shall defend, save and hold harmless the County, its officers, agents and employees from any and all claims, costs and liability for any damages, injury, or death arising directly or indirectly from or connected with the services provided hereunder, due to claimed or alleged to be due to negligent or wrongful acts of the Contractor or arising from the Contractor's implementation and management of the services provided hereunder, save and except claims or litigation arising through the sole negligence or sole willful misconduct of the County, and will make good to and reimburse the County for any expenditures, 2 .... ........_.._.... ._....... ......... ......... ......... ......... ......... ......... ......... ......... ............._.... _. _ __....._ _................................. including reasonable attorneys fees the County may make by reason of such matters and, if requested by the County, will defend any such sums at the sole cost and expense of the Contractor. 10. Depreciation. County will deposit $25,000.00 into the fixed asset reserve amount in the Pleasant Hill BART Station Area TDM Fee Account for replacement of the vans operated by the Contractor. 11. Project. This Agreement implements in whole the TDM Program for the Pleasant Hill BART Station Area as provided for under the Pleasant Hill BART Station Area Assessment District TDM Fee Account, and as more particularly described in Attachment A, the "TDM Work Program," attached hereto. 12. Changes to Work Program. Any changes to the attached work program shall be mutually agreed upon in writing by the Director of Community Development and the contractor, and may include reallocations of funds within the project budget to reflect the revised work program. 13. Digs. Disagreements between County and Contractor concerning the meaning, requirements, or performance of this Contract shall be subject to final determination in writing by the Director of Community Development or his designee or in accordance with the applicable procedures (if any) required by the State or Federal Government. 14. Termination. County shall have the right to terminate this Agreement, upon providing written notice to Contractor, for failure to carry out the terms of this Agreement. Upon such termination, Contractor shall, without delay, deliver to County all materials and records prepared or obtained in the performance of this Agreement, and shall be paid, without duplication, all amounts due for the services rendered up to the date of termination. If this Agreement is terminated by the County, Contractor shall have no further obligation to provide the services or carry out the work described in Exhibit A, and County shall have no further obligation to make payments to Contractor. 3 _....... ......... ......... ......... ......... ......... ......... ......... ......... ...... .. _ _ ..... ............. ......... ......... ......... ......... ._....... ......... ......... ......... ......... ......... ......... 15. Signatures. These signatures attest the parties' agreement hereto: COUNTY OF CONTRA COSTA, CALIFORNIA CONTRACTOR' Jim Rogers, . hair Pat O'Brien,45resident Beard of Su rvisors Contra Costa Centre Association r #, DATE: 4 DATE: ATTEST: Phil Batchelor, BY,,- Clerk Y Clerk of the 44nette Tanner-Busby Board of Supervisors xecutive Director and County Administrator Contra Costa Centre Association BY: r ,:, '? DATE: --k Deputy Recommended by Department BY: 'De., � 0-�. i Dennis M. Barry, Direct o Community Development Department Form Ap rQvgd: Count Counsel �i BY: Deputy Attachments A. Work Program, 1998-99 B. Budget, 1998-99 aAtm-1\phbart98.agr 4 .......I.............................................................................................................................................. ....................................................................__............................. ................. ATTACHMENT A TDM WORK PROGRAM PLEASANT HILL BART STATION AREA 1998-99 A. PROJECT DESCRIPTION Manage the Transportation Demand Management (TDM) program to provide traffic mitigation of the Pleasant Hill BART Station Area through the services of an on-site TDM Coordinator, maintaining a vanpool program, marketing and information programs for carpool, bicycle, telecommuting programs and other alternatives to single occupant vehicle commutes. B. PROJECT GOAL To effectively use the TDM Fee Account to mitigate the traffic impacts of development at the Pleasant Hill BART Station Area, as required by the conditions of project approval. C. PROJECT ACTIVITIES Project activities of the Contra Costa Centre Association's Transport Demand Management Program (TDM) include but are not limited to the following: -TDM information and promotion program -Assistance in forming carpools and vanpools -Vanpool program marketing, operations and maintenance -Conduct Employee Commute Survey -Promote transit use -Promote use of telecommuting, bicycling and walking as alternatives to driving to work D. REPORTS Contractor shall submit quarterly reports to the County on the status of funds expended, balances remaining, and a brief narrative of the projectlactivity status as required in Section Six of the Project Agreement. Reports shall be submitted thirty (30) days following the end of each calendar quarter. _...... ......... ......... ......... ......... ......... ......... .............1.111. .......... ......._..... ......... ......... ......... ._....... ......... ......... ......... ......... ..._...........__ _. __. ...... ......... . ........ ......... Contractor shall submit a final report to the Board of Supervisors thirty (30) days prior to the end of the program covered by this agreement. E. PERFORMANCE OBJECTIVE Contractor will strive to attain a rate of at least 35% non-single occupant vehicle commuting by Contra Costa Centre Association member employees within the Pleasant Hill BART Station Area. F. PERFORMANCE OBJECTIVE The Pleasant Hill BART Station Area TDM Program will be administered by the Executive Director of the Contra Costa Centre Association, and implemented by the Transportation Demand Management Coordinator of the Contra Costa Centre Association, with the assistance of clerical staff. Program monitoring will be performed by county staff. A finance audit may be requested and performed under the direction of the County. a:Arn-1lphbartag.a -2- ............................................ ... .............................................................................................................................................................................................................. . ................................................................................................................................................................................................................. ATTACHMENT B CONTRA COSTA CENTRE ASSOCIATION TDM PROGRAM 1999-99 BUDGET JANUARY 1, 1998 TO AM 30, 1999 Salaries Executive Director $23,000.00 TDM Coordinator 29,000.00 Clerical 13,000.00 Total Salaries S65,000.00 Overhead(.66%of salaries) $43,000.00 Retirement (10%of TD►M Coordinator Salary) S 2,900.00 Payroll Taxes S 6,000.00 TDM Program Marketing S28,000.00 Printing $ 3,500.00 Program Promotion(survey) $18,000.00 Pass Program S 3,500.00 Postage/Dues $ 3,000.00 Contingency $ 5,000.00 Shuttle Operations $42,000.00 Operators $36,000.00 Fuel $ 3,750.00 Maintenance $ 1,500.00 Marketing S 750.00 Vanpool Operations S125,550.00 Fuel 533,000.00 Insurance $52,500.00 Maintenance $30,000.00 Vehicle Registration S 3,750.00 Cleaning S 3,600.00 CSAA S 1,350.00 Medical Exam $ 1,350.00 Financial Services S 3.0 TOTAL 5320,450.00