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Home My WebLink AboutMINUTES - 07141998 - C158-C162 e.14 rn: BOARD OF SUPERVISORS ,. Contra FROM: SHERIFF-CORONER Co s June 2, 1998 County ?rxt R DATE: CONTRACT FOR LAW LIBRARIAN FOR JAIL INMATES SUBJECT: SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION 1. RECOMMENDED ACTION Approve and authorize the Sheriff-Coroner, or designee, to execute, on behalf of the COUNTY, a contract with Frank Ross Weaver, a independent contractor, in the amount not too exceed $44, 720 for the performance of services for inmates in Contra Costa County adult detention facilities for the period July, 1, 1998 to June 30, 1999 . II. FINANCIAL IMPACT Total funding of the contract is from the Inmate Welfare Fund. III. REASONS FOR RECOMMENDATION/BACKGROUND Generally, inmates must have access to the courts. The provision of law librarian services facilitates that access. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COM TTEE APPROVE OTHER SIGNATURE(S): &&64w_!XA ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS(ABSENT } AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS O THE DATE SHOWN. ATTESTED Contact: P L BATCHqOR.CLERK OF THE BOARD OF cc: SUPERVISORS AND COUNTY ADMtNtSTRATOR Contact Bill Schmidt x6-4252 Ce: County Administrator Frank Ross Weaver County Auditor-Controller gY DEPUTY Sheriff-Coroner Risk Management Contra Costa County Number C-46602 SERVICE CONTRACT Fund/Org #2590 Account #2310 1. Contract Identification. Department: Office of the Sheriff Subject: Provision of Law Liberian services for inmates at Contra Costa County Detention Facilities. 2. Parties The County of Contra Costa, California(County), for its Departments named above,and the following named Contractor mutually agree and promise as follows: Contractor: Frank Ross Weaver Independent Contractor Taxpayer ID#503-38-1367 739 Aries Lane,Foster City,Ca. 94404 3. Term. The effective date of this contract is_ July 1. 1998 And it terminates _ June 30-1999 Unless sooner terminated as provided herein. 4. Termination. This contract may be terminated by the County, and its sole discretion, upon five- day advance written notice thereof to the Contractor,or canceled immediately by written mutual; consent. 5. Payment Limit.County's total payments to Contractor under this Contract shall not exceed $44,720.00. `p 6. County's Ubligntions. In consideration of Contractor's provision of services as described below, and subject to the payment limit expressed herein,County shall pay Contractor,upon Contractor's submission of a properly documented demand for payment(County Demand Form D-15)which shall be submitted not latter than 30 days from the end of the month in which the contract services were rendered, and upon approval of such demand by the head of the County Department for which this contract is made or his designee,as follows:FEE RATE: $21.50 per hour. a. Each written demand for payment submitted by Contractor shall include documentation showing all of the hours of service performed by the Contractor for the period covered by the demand,when such services were performed, and at what detention facility such services were performed. 7. Contractor's Obligations. Contractor shall provide the following described services:as set forth in the attached Service Plan, which is incorporated herein by reference. 8. Compliance with Law. Contractor shall be subject to and comply with all Federal, State and local laws and regulations applicable with respect to its performance under this Contract, including but not limited to,licensing, employment and purchasing practices;and wages,hours and conditions of employment, including nondiscrimination. 9. Nondiscriminatory Services Contractor agrees that all goods, and services under this Contract shall be available to all qualified persons regardless of age,sex,race, religion, color,national organ,or ethnic background,or handicap, and shall be used, in whole or in part, for religious worship or instructions. 10. Independent Contractor Status. This Contract is by and between two independent contractors and is intended to and shall not be construed to create the relationship between the parties of agent, servant,employee, partnership,joint venture,or association. I 11. Disputes. Disagreements between the County and Contractor concerning the meaning, requirements,or performances of this Contract shall be subject to final determination in writing by the head of the County Department for which this Contract is made or his designee or in accordance with the applicable procedures(if any)required by the State or Federal Government. 12. Access to Books and Records of Contractor Subcontractor. Pursuant to section 1861 (v)(1)of the Social Security Act,and any regulations promulgated thereunder,Contractor shall, upon written request and until the expiration of four years after the furnishing of services pursuant to this contract, make available to the Secretary of Health and Human Services, The Comptroller General, the County, or any of their duly authorized representatives,this Contract and books,documents, and records of Contractor that are necessary to certify the nature and extent of all costs and charges hereunder. Further, if Contractor carries out any of the duties of this Contract through a 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 subcontractorshall make available,to the Comptroller General,the County, or any of their duly authorized representatives, the subcontract and books, documents, and records of the subcontractor that are necessary to verify the nature and extent of all costs and charges hereunder. This special condition is in addition to any and all other terms regarding the maintenance or retention of records under this Contract and is binding on the heirs, successors, assigns and representatives of Contractor. 13. Reporting Requirements. Pursuant to Government Code 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 documentation or written report. This section shall apply only if the payment limit under this Contract exceeds $5,000. 14. Indemnification,The County shall defend, save and hold harmless and indemnify Contractor against any claims or action against him for an injury arising out of an act or omission occurring within the scope of Contractor's performance of services hereunder, except where Contractor has acted or failed to act because of actual fraud, corruption,or actual malice. 15. Legal Authority. This Contract is entered into under and subject to the following legal authorities: California Government Code Sections 26227 and 31000 and Penal Code Section 4025 (e). 16. Signatures. These signatures attest the parties' agreement hereto: COUNTY OF CON'T'RA COSTA,CALIFORNIA CONTRACTOR By Designee By Approved: County Administrator By Designee (Designate official capacity) Recommended by Department BY Designee [Form approved by County Counsel] 2 Number C-46602 Fund/Org# 2590 Account# 2310 Service Plan for Law Librarian Services Frank Ross Weaver, an independent contractor, agrees to provide law librarian services to the inmates confined in Contra Costa County Jail Facilities (Martinez Detention Facility, West County Detention Facility, and Marsh Creek Detention Facility) to facilitate inmates' access to the courts. The law librarian services shall be in the areas of criminal law, criminal procedures, jail operations, civil rights actions, habeas corpus action, and some civil actions and procedures. Contractor's duties shall include, but not be limited to, the following: with inmates during regular library hours, to include: 1. Provide inmates with law documents and information in response to inmates' requests for the same through the written request system. a. Contractor shall not provide inmates with legal advice (regarding, for example, their cases, legal options, rights, and\or liabilities). 2. Meet personally with inmates to facilitate inmates' access to law information and documents. At the West County Detention Facility, meet personally with the inmates during regular library hours, not to exceed twenty hours per week. At the Martinez Detention Facility, meet personally with inmates upon request\or as needed. 3. Conduct legal research (on CD-ROM Law Desk System and/or by use of the law books and materials in the detention facilities' law libraries and the County law libraries) to facilitate inmates' access to law information and documents. 4. Provide information and assistance to inmates to facilitate the inmates' understanding of the criminal justice system, including the judicial process, criminal charges, and the policies and procedures at the detention facilities. 5. Photocopy a high volume of law materials and documents (for example, from case books, codes, treatises, reference materials, articles, form Page 1 of 2 books, periodicals, and other law materials) for inmates upon request andlor as needed. 6. Make available to inmates access to current articles on matters concerning criminal law and procedures (such as Three Strikes, drug forfeitures, and wobblers). 7. Maintain adequate supply of updated law books, materials and documents at the law libraries in the detention facilities. 8. Follow the Superior Court policy and order concerning privileges for pro per inmates, which policy and order is incorporated by reference herein. 9. Maintain the photocopy machines in working order. 10. Order supplies necessary to maintain the law libraries and to perform services hereunder. 11. Cather duties as directed by the Sheriffs Office. Contractor shall provide all services in a professional, respectful, courteous, patient and helpful manner. Contractor's hours of work and location for the performance of services shall be determined by the Sheriffs Office's Custody Services Bureau Commander or hislher designee. At least 30 days before any scheduled vacation or leave of more than four(4) working days duration for Contractor, Contractor shall deliver written notification of such scheduled vacation or leave to the Custody Services Bureau Commander. If determined necessary by the Facility Commander, the Sheriffs Office may provide replacements for Contractor for any such vacation or leave. Page 2 of 2 ......... ......... ......... ......... ......... ......... ......... ......... .............11...11 . ... _.......................... ......... _........ ...._...... ._....... ......... ......... ......... ......... ......... ......... TO: BOARD OF SUPERVISORS Contra FROM: SHE R I F F-CORONER ` Costs. 'a ;.. e t June 23, 1998 Coun y DATE: CDT?q,i°o tXn. c CONTRACT FOR FRIENDS OUTSIDE OF CONTRA COSTA FOR SUBJECT: COUNSELING SERVICES FOR INMATES AND THEIR FAMILIES SPECIFIC REOUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION 1. RECOMMENDED ACTION Approve and authorize the Sheriff-Coroner, or designee, to execute, on behalf of the COUNTY, a contract with Friends Out- side of Contra Costa County in the amount of $1.75, 000 . 00 for the continued provision of support services to inmates in Contra Contra County adult detention facilities for the period July 1, 1998 to June 30, 1999. II. FINANCIAL IMPACT None. Total funding of this contract is from the Inmate Welfare Fund. III. REASONS FOR RECOMMENDATION/BACKGROUND The County has contracted with Friends Outside since early 1980 to provide counseling services at the County adult detention facilities. This human service, we feel, is necessary and augments the detention function for incarcerated. persons. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD CITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER Contact Bill Schmidt x5-1526 County Administrator Friends Outside County Auditor-Controller VOTE OF SUPERVISORSSherif f-Coroner Risk Management I HEREBY CERTIFY THAT THIS IS A TRUE, UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ASSENT: ABSTAIN: Of SUPERVISORS OV4 THE DATE SHOWN, ATTESTED— 1-4�Z ZZ Contact: P BATC OR,CLE K OF THE BOARD OF CC' SUP VfSORS AND COUNTY ADMINISTRATOR f BY, DEPUTY 6 .... _........ _. ..... ......... ..........._._.. ....... ....... _ .._ . .._.. ....... ........ ......... Sc,naard Form 1/87 STANDARD CONTRACT Number C-51042 (Purchase of Services) Fund/Ori # 4979 Account 0 -`-- 1.. Contract Identification. Other # Department: 06i.ice o6 the Shetti66 Subject: Pnovizion o6 Soe,iat Sehvice,, at ContAa Co.6ta County Adutt Detention 1:acir?,.i.ties 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: F i,end4 Outd.cde Capacity: Cati6oxnia Non-Pno6.i,t Conponation Taxpayer ID# 1 NIA Address: 1127 Edcobax StAeet Matt tdnez, CA 94553 3. Term. The effective date of this Contract is Juty 1 , 1998 and it terminates _June 30, 1999 unless sooner terminated as provided herein. 4. Payment Limit. County's total payments to Contractor under this Contract shall not exceed $ 175.000 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: 9. Legal Authority. This Contract is . entered into under and subject to the following legal authorities : Penat Code Section 4025( e) and Govehnment Code Section 26227 10. Signatures. These signatures attest the parties' agreement hereto: t COUNTY OF CONTRA COSTA, CALIFORNIA ATTEST: Phil Batchelor, Clerk of the Board BOARD OF SUPERVISORS of Supervisors and County Administrator By By Chairman5esignee ti Deputy CONTRACTOR By By lj� (Designate official business capacity..A.) (Designate fficial bfisiness capacity B.) Note 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 §1190.1 and Corporations Code §313) . All signatures must be acknowledged as set forth on page two. Contra Costa County Standard Form 6/90 PAYMENT PROVISIONS (Fee Basis Contracts) Number C-32042 1. Payment Amounts. Sub .iect to the Payment Limit of this Contract and subject to the following Payment Provisions, County will pay Contractor the following fee as full compensation for all services, work. expenses or costs provided or# incurred by Contractor: i [Check one alternative only.] ExI a. $ 14,583.33 monthly. or C 3 b. per unit. as defined in the Service Pian, or [ c. $ after completion of all obligations and conditions herein. 2. 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. 11 on 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 1. (Payment Amounts) above. 3. Penalty for Late Submission. When Contractor fails to submit to County a timely demand for payment as specified in Paragraph 2. (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. 4. Right to Withold. County has the right to withold 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. 5. 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 topay 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 properly any of its obligations under this Contract. Initials: on ra oun y ept.. Contra Costa County Standard Form (Rev. 1/95) APpRC)VALS/ACKNOWLEDGM-NT Number APPROVALS # RECORDED BY DEPARTMENT FORM APPROVED COUNTY COUNSEL Designee Deputy APPROVED: COUNTY ADMINISTRATOR sy: Designee AC NOWLEDGUENT STATE OF CALLFORNIA } ) ss. COUNTY OF CONTRA COSTAf�)��Q On _�.1 t�-�W� q . �- i�t 0 . before m i ert me and title o the officer), orally appear a04P, perso y to a(or rov to me on the basis of satisfactory evide we) to be the s) hose nam s) re bscribed to the within instrument and acknowlcd od to me that heJs ed the same his authorized capaci tes nd that his/h ignatureon the instrument the perso s ,or the enUcty upon behalf of which the perso ( cted,executed the instrument. S MY D C2FFIC PATTI O'NEAI. `{ N comm.#1077759 NOTAnY PU W'; CAL FOWA Uj e8p'- A COSTA COUNTY 0 ' Signature .,. "'.xp.Nov 15.1999 ACKNO WLEDOMENT(by Corporation,Partnership,or Individual) I " (Civil Cxdc§1189) ...........11.11 _ .... ...................................... ................. ....... .._...... _ . ......... ........... ............. ............................................. Contra Costa County Standard Form 11877µg", GENERAL CONII)MONS (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 Conti-actor, 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 Reauirements. 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 relafing 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. 5. Termination. a. Written Notice. 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. 1 /q-/06%Alp Coma Costa County Standard Form 1187 GENERAL C2 Ni}iI'tUNS (Purchase of Services) b. Failure to Perform. The County, upon written notice to Contractor, may immediately terminate this Contract should the Contractor fail to perform property 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. b. Entire Aemement 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 alreadyrequired 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. Disnrrtes. 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. 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. 2 Conte Costa County Standard Form 1187 GENERAL CONDI' ONS (Purchase of Services) It. Conformance with Federal and State Reeulations 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 GeneralConditions, 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 Assienrnent 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. 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, 3 Coma Cosh County Standard Form 1/87 GENERAL Cf3NDi i" ONS ' (Purchase of Services) 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 Insurrrce. 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. Wo&ers' 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 insurance as required herein po 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. 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 ofGeneral 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. Nonrlenewral. 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. 4 Con" Costa County Standard Form 1/87 GENERAL CONDITIONS (Purchase of Services) 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 does 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. Copyrights 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 Admini- strator. 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. 26. 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. 27. Required Audit If Contractor is funded by $25,440 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 $25,400 to $100,044 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 $100,040 or more in federal grant funds in any fiscal year from any source, Contractor shall arrange for the federally-required audit annually and shall submit the audit to the 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. 5 Number C-32442 SERVICE PLAN FRIENDS OUTSIDE The Contractor shall provide social services for inmates at the following adult detention facilities: Martinez Detention Facility in Martinez, the West County Detention Facility in Richmond and the Marsh Creek Detention Facility in Clayton. Such services shall include, but not be limited to the following: - Facilitate re-entry into family and community by assisting inmates in maintaining communications with loved ones and in maintaining family ties throughout incarceration. - Provide human services within the detention setting. -Assist inmates with problems on the outside while they are incarcerated. - Provide information and referral services to inmates and their families. -Assist inmates and family members in locating County services as well as other local programs they are eligible for and/or need. - Provide food supplies and clothing, as well as emotional support to inmates' families to help their well-being and lower inmates' anxieties about their families. - Recruit, train and coordinate volunteers for all three detention facilities. - Help inmates stay in touch with the community to which they will be returning. -Assist detention staff with professional volunteer services. - Help the community be more aware of its own criminal justice system. - Provide services that help reduce inmate tension in the detention facilities and thereby provide a safer environment for inmates and staff. The Contractors' performance of services under this contract shall be subject to the security needs and schedules of the detention facilities. Every three months, commencing July 1, 1998, Contractor shall submit to the Custody Bureau Commander a written report on Contractors' provision of services under this contract. Contractor shall also submit a written report each January, covering the Contractors' provision of services under this contract for the past year. In addition, Contractor shall submit additional written reports as requested by the Sheriffs Department. Sheriff's Department Responsibility: The Sheriffs Department, Inmate Welfare Fund will provide an annual budget for the payment of services hereunder Sheriffs Department will provide the Contractor with office space and access to office equipment. SPECIAL CONDITIONS FRIENDS OUTSIDE 1. Nondiscriminatory Services. Paragraph 17. (Nondiscriminatory Services) of the General Conditions is hereby modified as follows: 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. 2. Payment Demands of the Payment Provisions is supplemented by the following: The Contractor shall request monthly payment by submitting a County Form D-15 DEMAND on the Treasury of the County of Contra Costa indicating the month the services rendered at the agreed upon monthly rate. a. Each written demand for payment submitted by the contractor shall include documentation showing all of the hours of service performed by the Contractor's staff for the period covered by the demand, when such services were performed, at what detention facility such services were performed, and the names of the individuals who performed such services. b. At least 30 days before any scheduled vacation or leave of more than two weeks (10 working days) duration for any of the Contractor's staff providing services hereunder, the Contractor shall deliver written notification of such scheduled vacation or leave to the Custody Services Bureau Commander. If determined necessary by the Facility Commander, and subject to the security needs of the detention facilities, the Contractor shall provide replacements for persons on such vacation or leave. 3. Nondiscriminatory Services. Paragraph 17. (Nondiscriminatory Services) of the General Conditions is hereby modified as follows: 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. _ _. ..._.._ ......... ......... ......... ......... ......... ......... ......... ......... ...... ._....._.. . ..... ..................._._.... .......... ......... ......... ......._. ._....... ......... ......... ......... ......... ........ ......... TO: BOARD OF SUPERVISORS Contra SHERIFF-CORONER FROM: Costa s June 23 , 1998 , �' County DATE: gra co rrC SUBJECT: COUNSELING SERVICES FOR INMATES AND THEIR FAMILIES SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION 1. RECOMMENDED ACTION Approve and authorize the Sheriff-Coroner, or designee, to execute, on behalf of the COUNTY, a contract with Interfaith Council of Contra Costa County in the amount of $170,452 . 00 for the continued provision of counseling and chaplaincy services to inmates in Contra Costa County adult detention facilities for the. period July 1, 1998 to June 30, 1999 . II. FINANCIAL IMPACT None. Total funding of this contract is from the Inmate Welfare Fund. III. REASONS FOR RECOMMENDATION/BACKGROUND The County has contracted with Council of Churches since early 1980 to provide counseling services at the County adult ' detention facilities. This human service, we feel, is necessary and augments the detention function for incarcerated persons. 1 CONTINUED ON ATTACHMENT: _ —,YZ`s SIGNATURE: ,,��4 RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATIONOF OARD COMMITTEE APPROVE OTHER SIGNATURE(S)-.& ACTION OF BOARD ON A APPROVED AS RECOMMENDED OTHER Cl e-7 VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS(ABSENT } AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN, ATTESTED Contact: IL BAT LOR,CLERK OF THE BOARD OF CC: Contact Bill Schmidt x6-4252 WPERVISORS AND COUNTY ADMINISTRATOR County Administrator Council of Churches of Contra Costa County County Auditor-Controller BY I c J -' DEPUTY Sheriff-Coroner . Risk Management Form 1187 STANDARD CONTRACT taumt)er C_326$5 (purchase of Servides) Fund/Org 4991 ' Account # 2314 1. . Contract Identification. Other # Department: C j6ice o3 the She i66 Subject: Counzeting and Chaptaxney Sexvice.,6 at County Adud't Dv ention 1=aci"es 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: Tntet6aith Counc.t o6 Cont&a Costa County Capacity: Cati6otnia Non-Pto6iu CMpohat on Taxpayer 'ID# 9411693225 Address: 1543 Sunnyvale Avenue Watnut Cneeh, CA 94596 3. Term. The effective date of this Contract is JuP-y 1 , 1998 and it terminates June 34, 1999 unless sooner terminated as provided herein. 4. Payment Limit. County's total payments to Contractor under this Contract shall not exceed $ 170,452.00 5. Counter'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 4ncorporated herein by reference: 9. Legal Authority. This Contract isentered into under and subject to the following legal authorities : Penat Code Section 4025( e) and 4427 10. Signatures. 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 By (Designate official business capacity A.) (Designate official business capacity B. ) Dote 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 §1190.1 and Corporations Code 5313). All signatures must be acknowledged as set forth on page two. :Contra Costa County Standard Form 6/90 PAYMENT PROVISIONS (Fee Basis Contracts) Number C-32685 1. Payment Amounts. Stjb 'ect to the Payment Limit of this Contract and subject to the following Payment Provisions, County will pay Contractor the following fee as full compensation for all services, work. expenses or costs provided ori incurred by Contractor: [Check one alternative only.] [x] a. $ 14,204.33 monthly, or [ I b. $ per unit, as defined in the Service Plan, or [ ] c. $ after completion of all obligations and conditions herein. 2. Payment Demands. Contractor shall submit written demands. Said demands shall be made. on County Demand Form 0-1.5 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 1.. (Payment Amounts) above. 3. Penalty for Late Submission. When Contractor fails to submit to County a timely demand for payment as specified in Paragraph 2. (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. 4. Richt to Withold. County has the right to withold 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 c rate with any inspection. review or audit of its program, work or records. or 0 Contractor has faded to sufficiently itemize or document its demand(s) for payment. 5. 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 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 properly any of its obligations under this Contract. ' Initials: � Contractor Counfy-[sept. Contra Costa County Standard Farm (Rev. 1195) APPROVALS/AC NowLEDGMENT Number a _ APri OVA I S at RECONO&UqDED BY DEPARTMENT FORM APPROVED COUNTY COUNSEL $y Byi'VI Designee Deputy APPROVED: COUNTY ADMINISTRATOR ' By: Designee rrrm�rrn.ei.iraese�esmrw,rermu®ea�ews�io.s+enrrei ACKNOWLEDGMENT t.EDV 7.XkEN STATE OF CALIFORNIA ) ) ss. COUNTY OF CONTRA COSTA ) On tt,,ntr a, t k$ . before me,� r At (insert name and title of the officer),personally appeared : g a rnna �, ,N*�. W w personally known to me(or proved to me on the basis of satisfactory evidence) to be the persons)whose nam*) is/are subscribed to the within instrument and acknowledged to me that he/shelthey executed the sante in his/her/their authorized capacity(ies), and that by his/herhheir signature($)on the instrument the .person(s),or the entity upon behalf of which the person(s) acted,executed the instrument. MY FAkND AND OFFICIAL SEAL. 5 Bred C.Mag!sby g COMM X1{1774&9 NOTARY pUnLIC-CALIFORNIA (Seal) CONTRA COSTA COUNTY Comm.Exp.Nov,15,1999 `` gnature ACKNOWLEDGMENT(by Corporation,Partncship,or Individual) (Civil Cade§11$9) Cohn-Costa County Standard Form 1/87 GENERAL CONDMONS (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 completeand 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$10,004 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. 5. Termination. a. Written Notice. 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. t +CQntr ,Costa County Standard Form 1187leC GEN ERA L COND TTIONS (Purchase of Services) b. Fauilum to Perfonn. 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 reasonablemanner 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. 5. Entine Arrreement. 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 OiMratinp. 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. Administi-ative 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. Dismtles. 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. 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. 2 "Contra,C,;osta County Standard Form 1187 141--5�1 GENERAL CONDITIONS (Purchase of Services) 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. 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, 3 Carotin_Costa County Standard Form 1/87 GENERAL CONDITIONS r (Purchase of Services) 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 coveredunder 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 insurance 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. 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. 4 Contra Costa County Standard Form 11217 —11-14e GENERAL-CC►NI}1!TIQNS (Purchase of Services) 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 does 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 Turd-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 Countyor Contractor that such individuals occupy the position of intended third-party beneficiaries of the obligations assumed by either party to this Contract. 25. Cogvrights 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 Admini- strator. 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. 26. 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. 27. 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 the federally-required audit annually and shall submit the audit to the 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. 5 SERVICE PLAN INTERFAITH COUNCIL OF CONTRA COSTA COUNTY The contractor shall provide counseling and chaplaincy services for inmates at the following adult detention facilities: Martinez Detention Facility in Martinez, the West County Detention Facility in Richmond and the Marsh Creek Detention Facility in Clayton. Counseling and chaplaincy services shall include, but not be limited to the following: A. Arranging for the conducting of services and counseling by representatives of various organized religions that will meet the diverse spiritual needs of the inmates, subject to the security needs and schedules of the facilities. B. Developing and supervising a volunteer program that will involvelocal clergy, laity, seminary students and the community. C. Making regular visitations throughout the above facilities providing counseling to the inmates and their families, subject to the security needs and schedules of the facilities. D. Responding to crisis and emergency situations involving inmates and/or staff as needed. The Contractor shall supply any equipment, books, written materials and handouts used by the Contractor hereunder. The Interfaith Council of Contra Costa County shall provide two full two full time positions and two full time interns to the detention facilities. Hours of service shall be subject to consultation with and coordination by the Facility Commander. Sheriff's Department Responsibiiitl The Sheriffs Department, Inmate Welfare Fund will provide an annual budget for the payment of services hereunder. The Sheriffs Department, Inmate Welfare Fund Committee and the Facility Commanders will be consulted by the contractors' representative as to the type of materials purchased and made available to the inmate population. Office space and access to office equipment will be provided by the Sheriffs Department. SPECIAL CONDITIONS INTERFAITH COUNCIL OF CONTRA COSTA COUNTY 1. Nondiscriminatory Services. Paragraph 17. (Nondiscriminatory Services) of the General Conditions is hereby modified as follows: 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. 2. Paragraph 2 (Payment Demands) of the Payment Provisions is supplemented by the following: The Contractor shall request monthly payment by submitting a County Form D-15 DEMAND on the Treasury of the County of Contra Costa indicating the month the services rendered at the agreed upon monthly rate. a. Each written demand for payment submitted by the contractor shall include documentation showing all of the hours of service performed by the Contractor's staff for the period covered by the demand, when such services were performed, at what detention facility such services were performed, and the names of the individuals who performed such services. b. At least 30 days before any scheduled vacation or leave of more than two weeks (1 g working days) duration for any of the Contractor's staff providing services hereunder, the Contractor shall deliver written notification of such scheduled vacation or leave to the Custody Services Bureau Commander. If determined necessary by the Facility Commander, and subject to the security needs of the detention facilities, the Contractor shall provide replacements for persons on such vacation or leave. REQUEST TO SPEAR 1PORM (THREE (3) MINUTE LIMIT) Complete this form and place it in the box near the speakers-* rostrum before addressing the Board. Name: L-01-,.. 1 Phone: Address; t 1. 13 , city, tires. I am speaking for myself �. or organization: Lz:,c-~J Ow".0f mrpan rations CHECK ONE: s� . I wish to speak on Agenda Item Gln My comments will, be: general for -1 against I wish to speak on the subject of I do not wish to speak but leave these comments for the Board to consider. .: REQUEST To SPEAK FORM /� (TRUE {3} MI2� ME LIMIT) � l L C) Complete this farm and place it in the box near the speakers' rostrum before addressing the Board. Mame -.p' ' 'J• r,..y Phone , --- • Address: ., City: 0 1,,// I am speaking for myself or organization; CHECK ONE: (nm* Of organization) I wish to speak on Agenda Item # 10 -71 Dat e % My comments will be: general for against I wish to speak on the subject of I do not wish to speak but leave these comments for the Board to consider: ( J))ly 14, 1998) t' t✓ 6 Sl'AT ;vi N'P TO THF CONTRA COSTA Coll"+TY BOD Off' SUPERViSOPS: Government endorsement of religion is prohibited by the U. S. Constitution, the California Constitution, and Contra Costa' s "General Conditions" governing County contracts. IT IS WRONG for the County to continue to misuse government funds to hire Christian clergymen as jail chaplains. IT IS 1KRONG for the County to favor religious cofinselors over secular ones, and Christian chaplains to the exclusion of all others. IT IS ;1RONG for theCounty to pretend that theological training is a satis- factory prerequisite for counseling inmates who frequently suffer from complex emotional problems. IT IS IVRONG to overlook the obvious fact that a professional clergyman will inevitably believe that, a troubled inmate' s problems stem from a lack of roligion--suecifica.11> Christ ianit-yit his life. IT IS 'i,1R0hG for the County to stabsidire a religious organization (the r;oi,ncil of Churches, renamed t�~e Interfaith Council) without demanding an eceount of how County funds are being spent. County records do not reveal chaplains' salaries--while th.c; Council still seeks additional donations through its member churches to "supl ort the chaplain program." This appears to be a questionable practice which the County should investigate. Inmates should be offered SECULAR counseling focusing upon freedom from; addiction, self improvement and vocational preparation--not prayer anci, bible study. Prisoners detainedd by the County should certainly be grantedtEAO?�TABLE freedom to practice their religion. Clergy of their own faith shoi,zld be pro- cessed as any other visitors. Just; in the Central Costa County phone book there are 317 churches, a vast source of potential. volunteers. OUR COLTNT Y GOVERNMI T SHOULD NOT BF IttT TM,' BUSINESS OF PROVIDING AYD PAYING FOR RE1,IG?(?C1S SERVICE£� FC1N ANYONE. WK4 0Burt Bogardus S-d0SJAH9dns jos, Danville, CA 9482 {42h} 82�}--2347 0AI 8 REQUEST TO BPEAlt FORM r {THREE3 t ) MINUTE T.ZMI'1') Complete this form and place it in the box rear the speakers rostrum before addressing the Board. Names � Phone; r Address: City: t,...,t; ,� �' I am speaking for myself or organizat on Own of organization) CBECR ONE: I wish to speak on Agenda Item # Q`"/ Date: % a Z My comments will be: general for against I wish to speAc on the of I do not wi to eak t 1 ve these nts for the Board to consider: ................................................................................................................................................. ...... ...........................................-........1.11.-................. .......... REQUIOT TO SVZAK FORK (THREZ (3) XINM LIMIT) Complete this form and place it in the box n Oar the speakers' rostrum before addressing the Board. Name: A&9�10 Phone: 7 -;( Address: P City: P 1-74;d4 0,7 1 I am speaking for myself or organization: 4111�*eer ,V14"15-le-W� (_1,,V;Ov CUCK ONE S ON* of *rvenizotiom) I wish to speak on Agenda Item # Date-,, ,Ltie�_ . My comments will be: general L-L for against I wish to speak on the subject of LJ? 6//,c I do not. !�i,;h, !Seak butleave �e racomments for the -to ! Bo�rd to der. REQUEST To SFEAIK VORM THREE (3) MINUTE LTXIT) i Ql✓ Complete this form and place it in the box near the speakers' rostrum before addressing the Hoard. Mame: AJ- ,.. '"`--�;' Phone: AF- Address: 1,2211 a City:-. I am speaking for myself L or organization: (now Of or9mIzstlofn) CHECK ONE! I wish to speak on Agenda Item # Date: ' My comments will be general for against I wish to speak on the subject of I do not wish to speak but leave these comments for the Board to consider: REQUEST TO SPEAK FORK , 7A (THREE ('3) MINUTE LIMIT) Complete this form and Place it in the box near the\ speakers-' rostrum before addressing the Board. Name: t Phone: it r " ---- . Address: ,2 � L , 4 i City•�,,,,�, I am speaking for myself or organization; tnerae of orniaation) CHECK CIS I wish to speak on Agenda Item # Cr 1�g bate My comments will be; general for against i I wish to speak on the subject of I do not wish to speak but leave these comments for the Board to consider; V TO; BOARD OF SUPERVISORS on{�.C,,� t FROM; Terrence Starr,County Probation Officer - Costa DATE: June 14, 1998 ' County r, . SUBJECT: Inter-County Placement Agreements - Bel Norte County IM�IIrrlpl�Fnlr•Yllrrrrrrr�wrr�r r�nlnrrrrrrrlrlrr�llllrrrlllrlrllrllrrllllrri�l lrrrr�lrr�r..irirrr SPECIFIC REQUEST($)OR RECOMMENDATION($)#BACKGROUND AND JUSTIFICATION IMMENDATIDN That the County Probation Officer be authorized to enter into two(2) agreements with Del Norte County, One agreement is for the purpose of reserving j accommodations for the placement of two (2) delinquent wards of the Juvenile Court in Del Norte County's Bar-O Boys Ranch at a monthly rate of$1,740.00 per reservation. The second agreement would permit the placement of additional delinquent wards from Contra Costa County at Bar-O Boys Ranch, if Contra Costa County needed the resource and if space were available at the Del Norte County facility. The monthly rate for space available placements is $1,850.00 per month per ward. Del Norte County operates their boys ranch under the provisions of Section 880, Welfare and Institutions Code. The camp has 42 beds which exceed their needs and they make beds available to other counties under the provisions of Section 888, Welfare and Institutions Code. Section 755, Welfare and Institutions Code, allows the Juvenile Court to permit a ward's placement out of county under the supervision of the Probation Officer of that county. Contra Costa County has had agreements with Del Norte for such placements since 1994. Several minors not suitable for placement at the Orin Allen Youth Rehabilitation Facility have successfully completed programs at Bar-O Boys Ranch and the county currently has three minors in placement there. This resource has expanded the Probation Department's options for difficult to place youth, and having reserved accommodations at Bar-O facilitates the placement process, resulting in shorter periods of detention at Juvenile Hall pending delivery. CONTINUED ON ATTACHMENT: YES SIGNATURE: r RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE$: ., ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS(ABSENT .�) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISOR$ N THE DATE OWN. Contact: Terry Starr 3'13-4180 CC: Probation Dept. ATTESTED County Administrator L SATO OR'CL K OF THE BOARD OF County Auditor-Controller SUPERVISORS AND COUNTY ADMINISTRATOR Contractor via Probation M382 (10188) BY ,DEPUTY DN COAgmt # BAR-O BOYS RANCH AGREEMENT FOR RESERVED ACCOMMODATIONS July 1, 1998 - June 30, 1999 THIS AGREEMENT, entered into by and between the COUNTY OF DEL NORTE (DEL NORTE) and the COUNTY OF coNTRA cosTA (COUNTY), bath counties being political subdivisions of the State of California, WITNESSETH: WHEREAS, DEL NORTE maintains and operates Bar-O-Boys Ranch (RANCH), a boys juvenile facility pursuant to Article 24 of Chapter 2 of Part 1 of Division 2 of the Welfare and Institutions Code; and said facility has accommodations in excess of DEL NORTE'S needs and available for use by COUNTY; and WHEREAS, COUNTY is desirous of using said facility for housing certain of its Juvenile Court Wards and reserving a fixed number of accommodations for this purpose; NOW, THEREFORE, THE PAR'T'IES AGREE AS FOLLOWS: 1. COUNTY, in consideration of the reservation of accommodations for t1M_ 2 _of its Juvenile Court Wards, agrees to pay DEL NORTE, and DEL NORTE agrees to accept the sum of$1,700.00 per month for each accommodation so reserved, whether or not said accommodation is actually occupied by a Ward, for a total sum of$ 3.400.00 per month. 2. The payment provided above shall cover all costs with respect to the care and maintenance of the Wards except the following: (a) Costs of any hospital,medical or surgical cure and treatment for the Wards; (b) Costs of any dental care for Wards; (c) Costs of transportation and maintenance between COUNTY and RANCH. Bar-O Bays Ranch Agreement for Reserved Accommodations page 2 The cost of items a, b, and c will be in addition to the other charges hereinabove mentioned and will be paid by COUNTY at DEL NORTE'S cost. 3. DEL NORTE agrees to indemnify, defend and sage harmless COUNTY, its officers, agents and employees, from all claims and losses whatsoever, including attorney's fees occurring or resulting to any and all persons, and from any and all claims and losses resulting to any person, firm, or corporation for damages, injury, or death directly arising out of, or connected with DEL NORTE'S performance of this agreement. COUNTY agrees to indemnify, defend and save harmless DEL NORTE, its officers, agents, and employees, from all claims and losses whatsoever, including attorney's fees occurring or resulting to any and all persons, and from any and all claims and losses resulting to any person, firm or corporation for damages, injury, or death directly arising out of, or connected with COUNTY'S performance of this agreement. 4. DEL NORTE reserves the right to reject or return any Ward. of COUNTY who DEL NORTE determines is unfit for the RANCH program. 5. Accommodations reserved for COUNTY shall not be transferable by it to any other county without the written approval of DEL NORTE. 6. This contract may be terminated at any time by either county hereto,upon a 30-day written notice to the other county. IN WITNESS WHEREOF, DEL NORTE and COUNTY have executed this agreement, this day of ✓ _ ��, 19 Bar-O Boys Ranch Agreement for Reserved Accommodations pale 3 COUNTY OF DEL NORTE by Chairman of the Board of Supervisors ATTEST: (Caren L. Walsh, Clerk to the Board of Supervisors, County of Del .Norte, State of California COUNTY OF (,,Mga rnsTA By ...- Designee ATTEST: C!�Xk to Board of Supervisors Return two signed originals to: Del Norte County Board of Supervisors 583 G Street, STE 1 Crescent City, CA 95531 DN CO Agmt # BAR-O BOYS RANCH AGREEMENT July 1, 1998 - June 30, 1999 THIS AGREEMENT, entered into by and between the COUNTY OF DEL NORTE (DEL NORTE) and the COUNTY OF CONTRA COSTA (COUNTY), both counties being political subdivisions of the State of California, WITNESSETH: WHEREAS, DEL NORTE maintains and operates Bar-O Boys Ranch (RANCH), a boys juvenile facility pursuant to Article 24 of Chapter 2 of Part I of Division 2 of the Welfare and Institutions Code; and said facility has accommodations in excess of DEL NORTE'S needs and available for use by COUNTY; and WHEREAS, COUNTY is desirous of using said facility for housing,certain of its Juvenile Court Wards; NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: I COUNTY, in consideration of DEL NORTE providing accommodations for Its Juvenile Court Wards, agrees to pay DEL NORTE, and DEL NORTE agrees to accept the sum of$1,850.00 per month for each accommodation. 2. The payment provided above shall cover all costs with respect to the care and maintenance of the Wards except the following: (a) Costs of any hospital,medical or surgical care and treatment for the Wards; (b) Costs of any dental care for Wards; (c) Costs of transportation and maintenance between COUNTY and RANCH. The cost of items a, b, and c will be in addition to the other charges hereinabove mentioned and will be paid by COUNTY at DEL NORTE'S cost. Bar-O Boys Ranch Agreement page 2 3. DEL NORTE agrees to Indemnify,defend and save harmless COUNTY, its officers, agents and employees, from all claims and losses whatsoever, including attorney's fees occurring or resulting to any and all persons, and from any and all claims and losses resulting to any person, firm, or corporation for damages, injury, or death directly arising out of, or connected with DEL NORTE'S performance of this agreement. COUNTY agrees to indemnify, defend and save harmless DEL NORTE, Its officers, agents, and employees, from;all claims and losses whatsoever, including attorney's fees occurring or resulting to any and all persons, and from any and all claims and losses resulting to any person, firm or corporation for damages, Injury, or death directly arising out of, or connected with COUNTY'S performance of this agreement. 4. DEL NORTE reserves the right to reject or return any Ward of COUNTY who DEL NORTE determines Is unfit for the RANCH program. S. This contract may be terminated at any time by either county hereto,upon a 30-day written notice to the other county. IN WITNESS WHEREOF, .DEL NORTE and COUNTY have executed this agreement, this y of , 19 I—19e- - Bar-O Boys Ranch Agreement Page 3 COUNTY OF DEL NORTE Chairman of the Board of Supervisors ATTEST: Karen L. Walsh, Clerk to the Board of Supervisors, County of Del Norte, State of California COUNTY OF CSA CQSTA BY, r .. .� Chak*"ftrA0ar-&er .,� Designee ATTEST. rkto Board of Supervisors Return two signed originals to: Del Norte County Board of Supervisors 583 G Street, STE 1 Crescent City, CA 9.5531 T : BOARD OF SUPERVISORS ,, FROM: DENNIS M. BARRY, AICP Contra COMMUNITY DEVELOPMENT DIRECTOR r Costa GATE: July 14, 1998 County SUBJECT: Approve and Authorize the Community Development Department to Execute a Contract to Develop a Solid Waste Rate Setting Process and Rate Setting Methodology Manual for the Unincorporated Area of the County Served by Garaventa Enterprises SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION REQOMMEND6TIONS_ Authorize the Community Development Department Director or his designee to execute a contract for an amount not to exceed $24,950 with NewPoint Group to develop a solid waste rate setting process and methodology manual. FISCAL IMPACT Contract will be funded by Solid Waste Collection Franchise Fees. No impact to the County General Fund. BACKGRQUND/REASONS FOR RECOMMENDAIIQNS In the past year, the Community Development Department has contracted with NewPoint Group to (1) make recommendations concerning modifying the Barakat & Chamberlain rate setting methodology designated for use in rate setting reviews for Richmond Sanitary Service(RSS) and (2) develop a rate setting methodology manual to use for Browning-Ferris Industries (BFI). NewPoint Group has submitted a proposal for creating a methodology and manual adapted to facilitate any future rate reviews for Garaventa Enterprises. This is the last unincorporated franchise area that will require development of a rate setting methodology. Rate setting methodologies have already been completed for all other unincorporated areas served under County franchises. A copy of NewPoint Group's proposal is attached. The proposal discusses the proposed tasks in detail. CONTINUED ON ATTACHMENT; YES SIGNATURE -- . RECOMM'Ett1QATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMiTT E APPROVE OTHER SIGNATURE(sZ-4 ACTION OF BOARD ON APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE gUNANIMOUS (ABSENT } AND CORRECT COPY OF AN ACTION TAKEN AYES; NOES; AND ENTERED ON THE MINUTES OF THE ABSENT; ABSTAIN; BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact: Linda Moulton (925) 335-1238 ATTESTED cc; Community Development Department (CDD) PHIL. BAT HEL R CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR BY I'll _.DEPUTY LWad Linda's Dlsk:7-14bdompd NewMnt Gain" Management Consultants June 22, 1998 Dr. Linda Moulton Community Development Department Contra Costa County County Administration Building 651 Pine Street 4th Floor, North Wing Martinez, California 94553-0095 Subject: Solid'Waste Rate Setting Manual Consulting Assistance Dear Dr. Moulton: We are pleased to present this proposal to develop a rate setting process and a rate setting manual for residential solid waste fees in the unincorporated area of Contra Costa County, We are familiar with the County's franchise with Garaventa Enterprises, hereafter referred to as the hauler. Having completed a rate manual for Browning Ferris Industries, Inc., for the County, as well as a rate manual for Concord Disposal, Inc., for the City of Concord, we are familiar with the County's waste management collection and disposal issues. This letter presents background on our rate setting methodology manual and provides our work plan for completing such a manual for the County. We understand that on June 16, 1998, the County Board of Supervisors approved Household Hazardous Waste fees and franchise fees for the unincorporated County area served by Garaventa Enterprises. These fees would be incorporated into the rate setting process and manual. With the development of the rate setting process and methodology manual, the County and Garaventa Enterprises would be prepared to complete a formal rate review when necessary. A. Our Rate Setting Process and Methodology Manual Our firm's Solid Waste Rate Setting Process and Methodology Manual is a comprehensive, step-by-step guide to refuse collection rate setting. The manual's contents represent the result of extensive research and development by our firm into state-of-the-art waste industry approaches and methods; other jurisdiction's refuse collection rate setting processes and methodologies; historical utility rate setting practices; relevant California and Federal regulation; and practical business experience with local governments and private sector hauling companies. . 2555 Third Street,Suite 215,Sacramento,California 95818 • Phone: (916)442-0508 • Fax:(916;442-0714 NewMnt Group Management Consultants Dr. Linda Moulton Page 2 June 22, 1998 Our manual is presented in a graphical and"user friendly" format. We intend to make the rate setting process simple and easy to understand for all parties, including the ratepayer, County staff, Board of Supervisors, and franchised hauler. Simultaneously, we would create a process and methodology that will produce reasonable and justifiable rates that are fair and equitable to County's ratepayers and provide a reasonable return to the hauler. NewPoint Group will work closely with the County to customize our manual as required to reflect your County's specific goals, processes, and constraints. As you are aware, we have developed a rate setting manual for the County (BFI) and for the City of Concord(Concord Disposal), both of which have been adopted. Employing a process of continuous improvement, we follow up on the manual's implementation, and are constantly fine tuning its contents using feedback from actual users. Key features of our manual's approach are as follows: ❑ Identifies key goals and policies ❑ Outlines roles, responsibilities, and timelines ❑ Includes a format and content for a survey of neighboring jurisdictions • Provides forms and detailed procedures for completing forms ❑ Encompasses both a base year process and an interim year process to make rate setting more efficient ❑ Includes a detailed calculation of franchise fees ❑ Justifies allowable profit to the hauler ❑ Provides a cross-reference of the rate setting manual with the franchise agreement. The rate setting manual we are developing assumes the hauler's existing rate structure. We will deal with rate structure issues in the context of a formal rate review. B. Project Work Pian This section presents our work plan to assist the County in developing a manual to document solid waste rate setting policies and procedures. Our work consists of the following six tasks that are described below: Task 1 Initiate and Administer the Project Task 2 Review Current Rate Setting Policies and Practices Task 3 Clarify Rate Setting Objectives and Policies NewPoint Groupe Management Consultants Dr. Linda Moulton Page 3 June 22, 1998 Task 4 Develop Rate Setting Process and Methodology Task 5 Develop Rate Setting Procedures and Tools Task 6 Prepare Draft and Final Rate Setting Manual. Task I Initiate and Administer the Project During the formal kick-off meeting with the County's Project Manager, we will verify the project's scope and objectives, discuss key project issues, and obtain additional background information. During this kick-off meeting we will schedule appropriate follow-up meetings, establish points of contact, and gather key information required for conducting the review. NewPoint Croup also will prepare monthly invoices that summarize level of effort and charges to-date. Throughout the project, we will keep the County up-to-date with our progress, either through telephone conversations or during meetings conducted for other work tasks. Subtasks 1.1 Conduct Project Kick-off Meeting 1.2 Request Relevant Documents and Data 1.3 Coordinate Initial Interviews with the County and Hauler 1.4 Refine Work Plan, if Necessary 1.5 Revise Project Schedule as Needed 1.6 Perform Ongoing Project Management. Deliverable(s) Revised work Plan, if necessary ❑ Progress updates. Task 2 Review Current Rate Setting Policies and Practices During this task, we will review background documentation, interview personnel from the County and the hauler, and review financial information in order to understand current policies, practices, and procedures. We will work closely with the County to maintain confidentiality of specific financial information(to be defined) while we obtain and understand financial, management, and operational characteristics. NewMht Group Management Consultants Dr. Linda Moulton Page 4 June 22, 1998 Subtasks 2.1 Interview County and Hauler 2.2 Analyze Current Ordinance and Franchise Agreement 2.3 Determine General, Financial, Management, and Operations Information Required from the Hauler 2.4 Review Hauler Financial, Management, and Operations Information and Accounting Practices. Deliverable(s) ❑ Work papers on past practices, operation, financial information, and accounting practices. Task 3 Clarify Rate Setting Objectives and Policies During this task, we will work with County staff to clarify and update the County's waste management policies. This process will begin with a review of both formal and informal goals related to solid waste management. Based on a review of internal documents and the interviews conducted during Task 2, we will document our understanding of the County's solid waste management goals and corresponding policies. We then will identify alternative goals and policies. Regulatory, financial, and political requirements will play a major part in determining County rate setting policies, however, within these constraints, there exists the ability to structure rates that will provide incentives and disincentives to the ratepayer and the hauler. The rate setting policies for the County must be in accordance with goals adopted by the County and State, and must result in economical solid waste collection and disposal services to residential and commercial customers while meeting the County's revenue requirements. Changes to the current rates must be justifiable, defensible, and easy to explain. Subtasks 3.1 Identify Waste Management Goals 3.2 Document Rate Setting Policy Issues 3.3 Identify Operational and Performance Statistics to be Submittedby Hauler 3.4 Develop General Procedural and Information Requirements for Rate Reviews 3.5 Document Final Rate Setting Objectives and Policies. NewPoint group" Management Consultants Dr. Linda Moulton Page 5 June 22, 1998 Deliverable(s) ❑ Alternative methods and requirements for rate review ❑ hate setting policies. Task 4 Develop Rate Setting Pocess and Methodology During this task, we will begin developing procedures to implement the rate setting policies by determining the broader concepts of the process and methodology. The rate setting process addresses what tasks must be completed, who is responsible for various steps in each task, and when each task should be completed. The rate setting methodology describes how the rate setting process is accomplished. Generally, the following activities are part of a rate setting process: ❑ Preparation and Submission of Rate Application ❑ Identification of Required Support Documentation, including Financial and Operational Information ❑ Verification of Completeness of Rate Application ❑ Detailed Review of Rate Application ❑ Survey of Rates in Similar Service Areas ❑ Preparation of Draft and Final Reports, Including a Public Hearing ❑ County Approval and Implementation of New Rates, if Applicable. Various methodologies can be considered in the rate setting process, including the use of actual and projected data, determination of key ratios and factors for analysis purposes, and normalization of data using survey results from similar service areas. We will present a proposed methodology for the County's review. Subtasks 4.1 Develop Activities for Processing Rate Change Requests 4.2 Determine Responsible Parties and Timing Requirements 4.3 Review Activities, Responsibilities, and Timing with the County and Hauler 4.4 Revise Activity Listing, as Necessary 4.5 Determine General Requirements for Compilation and Analysis of Data. NowP6'int Group Management Consultants Dr. Linda Moulton Page 6 June 22, 1998 Deliverable(s) • Activity listing with assigned responsibilities and timing • Overview of key data requirements and analysis steps. Task S Develop Rate Setting Procedures and Tools We will further develop the activities determined in Task 4 into procedural steps and prepare reporting formats and worksheets. These formats and worksheets will need to be in sufficient detail to facilitate the compilation of data and to allow reconciliation of data to audited financial statements, yet be simple to use and understand. Subtasks 5.1 Develop Procedural Step Outline for Each Task Identified in Task 4 5.2 Prepare Reporting Formats and Worksheets 5.3 Review Procedure Outline, Reporting Formats, and Worksheets with the County and Hauler 5.4 Prepare a Cross Reference between the Rate Setting Manual and the Franchise Agreement. Deliverable(s) ❑ Procedure manual outline ❑ Standard forms and worksheets. Task 6 Prepare Draft and Final Rate Setting Manual During this task, we will prepare the draft and final Rate Setting Manual. We will consider input from County staff and the hauler. The result should be a document that will serve as a step-by-step guideline in future years and be acceptable to all parties. Our goal for this Rate Setting Manual is to provide a clear, easy-to-read, and user- friendly tool to set rates. The manual should stand on its own and permit future rate setting efforts to be accomplished by the county with a minimum of time and effort. NewPoint Group has developed tools and processes that will make such a document clear and helpful. NewPoint Group" Management Consultants Dr. Linda Moulton Page 7 June 22, 1998 After we complete a final draft of the Rate Setting Manual, we will present this document to the County during a scheduled meeting. Our presentation also will include an"Executive Level" discussion of the rate setting process and methodology. Comments received from the County and hauler will be incorporated into the manual, as appropriate. After the presentation to the County, we will prepare the final Rate Setting Manual. Subtasks 6.1 Document the Formats and Procedures Developed during Task, 5 6.2 Review Draft Rate Setting Manual with the County and Hauler 6.3 Revise Manual, as Necessary 6.4 Submit Draft Rate Setting Manual 6.5 Present Final Draft Manual to the County 6.6 Revise Final Draft manual, as Required, and Submit Final Rate Setting Manual. Deliverables) ❑ Draft Rate Setting Manual ❑ Presentation materials for County meeting • Rate Setting Process and Procedures Manual. C. Budget We will conduct this engagement for a fixed price of$24,950. Our fees reflect expenses for administration, word processing, graphics, and production. We expect to visit the County for interviews and to conduct research and frequently will beep the project manager informed of our progress. NewPoint Group will bill monthly for our services, based upon work performed in the prior month. A Schedule Timing on this project is dependent upon the full cooperation of the hauler. Should we encounter delays in obtaining information or conducting interviews, our timeline likely will adjust accordingly. We will notify you of delays and will make take steps to complete the project on time. NewPoint Grou Management Consultants Dr. Linda Moulton Page 8 June 22, 1998 We intend to have Dr. James Gibson, Mr. Erik Nylund, and Mr. Edward Kaempf work on this engagement. Both Dr. Gibson and Mr. Erik Nylund worked on prior Contra Costa County rate setting work. Mr. Kaempf developed the rate setting manual for Concord Disposal for the City of Concord, as well rate setting manuals for other California municipalities. We look forward to this opportunity to again assist Contra Costa County with its future waste management rate setting needs. Please do not hesitate to me at (915)442-0189, should you have any questions regarding this work plan or our qualifications to serve you. Very truly yours, NewPaint Group, Inc. James A. Gibson, Ph.D. Director