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HomeMy WebLinkAboutMINUTES - 05251999 - C91-C97 ql ! TO: BOARD OF SUPERVISORS ,, FROM: warren B. Rupf,Sheriff-Coroner ., Contra Costa DATE: May 13, 1999 County SUBJECT: Contract with BASIS, Inc.for Jail Management System SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to sign a contract on behalf of the County with BASIS, Incorporated in the amount of$590,025 to provide',hardware and system software for an upgrade of the Jail Management System. FISCAL IMPACT: Funding for the lease/purchase payments will be from the Sheriffs Office budget through reduced cost of maintenance and support of existing systems. BACKGROUND: The new Jail Management System allows us the opportunity to upgrade and maintain the associated server hardware to an industry standard platform. The purchase of this equipment will allow replacement of the existing Tandem equipment which has become costly to maintain and difficult to support. CONTINUED ON ATTACHMENT:NO SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR REC MMENDATION OF BOARD COMMITTEE r APPROVE _OTHER SIGNATURE S ACTION OF BOARD ON. May 25, 1999_ APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS X UNANIMOUS {ABSENT NoneI HEREBY CERTIFY THAT THIS IS A TRUE } 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. Contact Verson:Kathy Martin 5-3529 CC:Sheriff-Coroner ATTESTED ICY 25, 1999 CAO Law&Justice PHIL BATCHELOR,CLERK OF THE BOARD OF Auditor/Controller SUPERVISORS AND COUNTY ADMINISTRATOR Risk Management BY � � DEPUTY TO: Board of Supervisors Contra fr i Fl om: Warren R. Rupl`, Sheriff-Coroner Costa DATE: April 13, 1939 county SUWECT: Amendment to Blood Withdrawal Contract with Blood Alcohol Determinants SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICAnON 1. RECOMMENDED ACTIO Approve and awhorize an amendment to the went Contract for Blood iNithdravral services with the Blood Alcohol Determinates group(BAD)and the Office of the Sheriff,Forensic Services Division. The amendment would add HIV blood withdrawal at a cost of$45.00 per subject. A.handling foe of$3.00 will be charged to police agencies using the se nice. 11. FINANCIAL ACT The amendment to the curt contact will provide a service that does not exist for the lav enforcement agencies in the county. The costs are exerted to be nominal,approximately$2,000 to$3,000 per year. The majority of the costs will be reimbursed to the County by police agencies .,N-n the county that will use this service. 1II. REASONS FOR COMMENDATIONIBACIC.GROU Currently the blood withdrawal contract arranged by the Forenssic Services Division already provides the law enforcement agencies in the county with services associated with Driving Under the Influence cases(DMI)and major crimes. This amendment to the contract would provide ars added service of IUV blood withdrawal. This is a service to the agencies primarily after regular business fours, The requests for these services is verb small compared to the total number of alcohol requests. The handling fee would help defray the costs for handling the invoicing and tra %of these€mss within the Forensic Services Division. The contractor has agreed to provide the service within the prat contract until a neer contract is negotiated at the end of 1999. _v. CONSEQUENCES OFNEGAMrE ACTIO Failure to provide the service could create an increased hardship on the law enforcement agencies and the Office of the Sheriff. Each agency would have to arrange a separate contract for these services including the Office of the Sherr. �r CON,�INUED ON ATTACB: ENT? � SIGNATURE: erifl*Coron r *ctF.z,f31,1M$ 3YA":f'C3N OF Ci3LN?'Y A3>R'1I^SFSf'k2.e'a'F'E3R �CS2:V24g :DATION O F 33CB�'RD C4371�?rg"s"X° E APPROVE OTHER SIGNATURV(S) ACTION 03'BOAF I3 d2?S Y 7, APPRO ZD ASRECG3it MENDRO X OTHER VOTE OF SUPERVISORS I IERFBY CERTIFY THAT HIS IS A TRIUT AONT3 CORRECT COPY OFA N ACTION TAKEN AND ENTERED ON TIS MAINT 7RES OF IJT�A� 1il�e (ABSENT None THE BOARD OF SUPERVISORS ON THE DATW,SHOWN. ABSENT: _ sr�€ ; ATTESTED: May 25, 1999 PHIL BATCHELOR,CLERK OF THE BOARD OF SLTIER MSO S Ail'+sD COUNTY AM.NISTRATOR A �� �3 Contact person: Chief Nitosinka 313-2810 By: DepiwY co: County Administrator Auditor-Controller Office of the Sheriff-Administration Forensic Services Division-MitosiIdka ?3 000-9908/A.1,1 TO: BOARD OF SUPERVISORS FROM: BARTON J. GILBERT, DIRECTOR OF GENERAL SERVICES Contra -'� Costa DATE: May 25, 1999 County SUBJECT: APPROVING CONSULTING SERVICES AGREEMENT FOR ARCHITECTURAL SERVICES FOR OFFICE LANDSCAPE PARTITION MODIFICATIONS AT FIVE SOCIAL SERVICE LOCATIONS (WPA407) SPECIFIC REQUESTS OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION I. RECOMMENDATION A. APPROVE a consulting services agreement with Interactive Resources, Inc., 117 Parr Place, Point Richmond, for architectural services for Office Landscape Partition Modifications at five Social Service locations. The agreement will be effective May 25, 1999 and will provide for full design and construction observation services, with a payment limit of $374,790.00, which amount shall not be exceeded without prior,written authorization by the Director of General Services. B. AUTHORIZE the Director of General Services to execute the agreement and to issue written authorizations for extra work, provided that the cumulative total extra cost for all such authorizations shall not exceed$25,000.00. II. FINANCIAL IMPACT Funding for this project is available in the plant acquisition account and is sufficient to cover the amount encumbered by this agreement. III. REASONS FOR RFCOM'ViF_,NTATIQN-1 31 A(=;KGRE= A. The project involves office landscape partition modifications at 4545 Delta Fair Blvd., Antioch, 151 Linus Pauling, Hercules, 201-18th Street, Antioch and HVAC replacement and office landscape partition modifications at 30 and 40 Muir Road, Martinez to suit the requirements of the Social Service Department. CONTINUED ON ATTACHMENT: YES SIGNATURE: &dk RECOMMENDATION OF COUNTY ADMINISTRATOR -RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SEGNATURE S. ACTION OF BOARD CN �Y25, 1999 APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS .,,., UNANIMOUS(ABSENT Norge ) AYES: NOES: ABSENTS: ABSTAIN: MEDIA CONTACT: BARTON J.GILBERT(313-7100) CC: General Services Department I HEREBY CERTIFY THAT THIS IS A TRUE Architectural Division AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON THE MINUTES OF THE BOARD File: 000-99081A.5 OF SUPERVISORS ON THE DATE SHOWN. County Administrator's Office Auditor-Controller ATTESTED_May 25, 1999 Social Service Department(Via AID) PHIL BATCHELOR.CLERK OF THE BOARD OF Consultant(Viiia A/D) SUPERVISORS AND COUNTY ADMINISTRATOR 9Y 19.! f; DEPUTY H:\1999\0009908\9A00801b.doc Page'oft M382(10/88) APPROVING CONSULTING SERVICES AGREEMENT FOR 000-99081A.1.1 ARCHITECTURAL SERVICES FOR OFFICE LANDSCAPE May 25, 1999 PARTITION MODIFICATIONS AT FIVE SOCIAL SERVICE LOCATIONS (WPA407) B. Interactive Resources, Inc. was selected to provide architectural services for this project because it is currently completing similar projects at 50 Douglas Drive and is also currently working on remodeling the second floor administration area of 40 Muir Road. Using the same consultant will provide for better coordination and continuity of design between the current projects and the five new Social Service projects. C. Negotiations have been completed and an appropriate agreement is ready to sign. D. The County must proceed with this agreement for architectural services because it does not have sufficient staff to provide the services. HAI 999\0009908\9A0080i'b.doc ?age 2 of 2 M382(90/88) 250-9934/A.1.1 TO: BOARD OF SUPERVISORS FROM: BARTON J. GILBERT,DIRECTOR OF GENERAL SERVICES Contra Costs DATE: May 25, 1999. County SUBJECT: APPROVING CONSULTING SERVICES AGREEMENT FOR ARCHITECTURAL SERVICES FOR TENANT IMPROVEMENTS, SECOND FLOOR, 500 COURT STREET, MARTINEZ FOR SHERIFF-CORONER WPA320 SPECIFIC REQUESTS OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I, RECOMMENDATION A. APPROVE a consulting services agreement with James Miller and Associates, 110 East Third Strut, Antioch, for architectural services for Tenant Improvements, Second Floor, 500 Court Street,Martinez for Sheriff-Coroner. The agreement will be effective May 25, 1999 and will provide for full design and construction observation services, with a payment limit of$66,780.00, which amount shall not be exceeded without prior,written authorization by the Director of General Services. B. AUTHORIZE the Director of General Services to execute the agreement and to issue written authorizations for extra work, provided that the cumulative total extra cost for all such authorizations shall not exceed$10,000.00. II. E ANCIAL IMPAC Funding for this project is available in the plant acquisition account and is sufficient to cover the amount encumbered by this agreement. III. REASONSRRECOMME DM TTC3N /BACKGROUND A. The project involves Tenant Improvements, Second Floor, 500 Court Street, Martinez for the Central Identification Services and Records Unit of the Sheriff-Coroner. CONTINUED ON ATTACHMENT:--X–YES SIGNATURE: ,.RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE /fes APPROVE .,,—OTHER SIGNA t URc S: �- rV& E ACTION OF BOARD ON Mgy 25� 1999 APPROVED AS RECOMMENDED X OTHER_ VOTE OF SUPERVISORS X UNANIMOUS(ABSENT NQnP AYES: NOES: ASSENTS: ABSTAIN: MEDIA CONTACT: BARTON J.GILBERT(313-7100) CC: General Services Deoartrnent I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN Architectural Division AND ENTERED ON THE MINUTES OF THE BOARD File: 250-9934/A.5 OF SUPERVISORS ON THE DATE SHOWN. County Administrator's Office Auditor-Controller ATTESTED My25,. 199 Sheriff-Coroner(Via A/D) PHIL BATCHELOR,CLERK OF THE BOARD OF Consultant(Via AD) SUPERVISORS AND COUNTY ADMINISTRATOR BY 6 ` ✓3.t DEPUTY H:119991250993419L03401b.doc Page 1 of 2 M382(10/88) _APPROVING CONSULTING SERVICES AGREEMENT FOR 254-9934/A.1.1 ARCHITECTURAL SERVICES FOR TENANT IMPROVEMENTS, May 25, 1999 SECOND FLOOR., 544 COURT STREET, MARTINEZ FOR SHERIFF- CORONER(WPA324) B. James Miller and Associates was selected to provide architectural services for this project because the firm has successfully provided services for other County building remodeling projects for the General Services Department, Architectural Division and is familiar with Sheriff-Coroner's Department programs and space requirements. C. Negotiations have been completed and an appropriate agreement is ready to sign. D. The County must proceed with this agreement for architectural services because it does not have sufficient staff to provide the services. H:\19991250993419L03401 b.doo Page 2 of 2 IV 382(10/88) �dtra n y.rrl(1�i+fi jM... fy TO: BOARD OF SUPERVISORS County L�1 t!r� Y FROM: DENNIS M. BARRY, AICF �,r� DIRECTOR OF COMMUNITY DEVELOPMENT �`606" DATE: May 2r, 1999 SUBJECT: EXPANDED SCOPE OF WORK FOR THE UPDATE OF THE BUCHANAN FIELD AND BYRON AIRPORT LAND USE PLAN SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECD 'M NDAT I ON AUTHORIZE the Community Development Director to execute on behalf of the County a contract amendment with Shutt Moen Associates to increase the contract amount from $92, 000 to $102 , 000, and to extend the contract term to December 31, 2000 . FIS.CAL IMPACT The cost for this contract amendment is funded through a combination of an existing County contribution (currently budgeted) and a contribution from the State (California Department of Transportation, Division of Aeronautics) . BACKGROUNDjREASDJNS FOP _RECOMMFNDATIQNS Shutt Moen Associates has been under contract with the County since 1999 for the preparation of an Airport Land Use Plan update for both Buchanan Field and Byron Airports . This contract, amendment would allow an expanded scope of work., .including additional public workshops, and the completion of the plan update. CONTINUED ON ATTACHMENT: SIGNATURE e_ RECOMMENDATION OF COUNTY ADMINISTRATOR RECONMENIiATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE( ) ,� aJ - ACTION OF BOARD ON _ Y 9 APPROVED AS RECOMMENDER OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A K UNANIMOUS (ABSENT ?gone TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact: Bob Drake [ (925) 335-12141 Origd Community Development Department ATTESTED May 25_, 1999 cov Manager of Airports PHIL BATCHELOR, CLERK OF Administrator' s Office THE BOARD OF SUPERVISORS County Counsel AND COUNTY ADMINISTRATOR DEPUTY c. \wpdoc\clup.bo RD\ TO: BOARD OF SUPERVISORS, as the governing body of the In Home Supportive Services (IHSS) Authority Conus FROM: Leslie Knight, Director of Human Resources Costa DATE: County May 25, 1999 SUBJECT: Execute Contract with IEDA, Inc. SPECIFIC REQUESTS)OR RECOMMENDATIONS(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: Approve and authorize the Director of Human Resources to execute a contract with IEDA, Inc. for the period May 1, 1999 through April 30, 2000 for the purpose of providing labor relations services for the In Home Supportive Services (IHSS) Authority. BACKGROUND: IEDA has represented the County in labor relations matters since 1973. By and large; labor peace has been maintained and an overwhelming majority of employee organizations have come to trust and respect the IEDA staff negotiators. FISCAL IMPACT: There is an annual cost of$30,000 associated with the execution of this contract. CONTINUED ON ATTACHMENT: Y SIGNATURE: I -Y -2 _�� RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COi TEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON y 25, 1999 APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE _X 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. CC: HUMAN RESOURCES DIRECTOR ATTESTED May 25, 1999 AUDITOR-CONTROLLER PHIL BATCHELOR,.CLERK OF THE BOARD OF LABOR RELATIONS SUPERVISORS AND COUNTY ADMINISTRATOR BY fi ✓ _ DEPUTY M382 (10/88) yt�' Number PURCHASE OF SERVICES CONTRACT F's . .%Org413, 5 Account Other Contract Identification. De arty ent; Human Resources Su1ject: Contra Costa.County In-Home Supportive Services(IHSS)Authority Negotiations and Support 2. Parties. Conte Costa County In-Home Su portive Services Authority(Authority),and the fo o� ng earned ontractor mutually agree anal prose as o.Wws. Contactor: IEDA., Inc. Taxpayer IIS#94-299-0882 Capa ity: For Profit subsidiary of Industrial Empployer and Distributors association. address: P.O. Box 8824,Emeryville, Ca 94662 3. Term. The effective date of this Contract is ay I, I999 it termines April 30, 2000 unless sooner t meted as provided herein. 4. to gq I�M#, Authority's total payments to Contractor ander this Contract shall not exceed$30,000.00. 5. Authority's Ob1i rations. Authority shall make to the Contractor thoseyrne is described in the Pa ent mesio attachedhereto which are incorporated herein by reference,surect to all the terms and,con�tgns contained or incorporated herein. & Contrac12f b1jz1!!2 s. Contractor shall provide those services and carry out that work described in the Serve plan attached hereto which is incorporated herein by reference, subject to all the terry and conditions contained or incorporated herein. 7. General This Contract is subject to the General Condition and Special Conditions (ifany)attached hereto, which are incorporated herein by reference. S. Pte. This Contract implements in whole or in part the following descra°bed Project,the application and approval documents of which are incorporated herein by reference: 9. I.,e a�I Authority. This Contract is entered into under and subject to the following legal.authorities: Contra.Com County Code Ordinance No. 98-14, 55-2.4. iii. Saynatures. These signatures attest the parties'agreement hereto: IN-HOME SUPPORTIVE E S RVICES AUTHORITY BOARD OF SUPERVISORS ATTEST: Phil Batchelor, of In theirca. acity as the governing body Supervisors �r sof the ITS Authority By es�grtee CONTRACTOR By (Designate business capacity A) esagnate usiness ca acaty �I to Cepa tort dor orrporations(pnilt or sonpro4£t),the cea t must signed by two officers, Signature A matt be that of the president or vice-pre-Adeaat and Sizagttsr�e S must he flat s>f the secretary car assistmt aecreftry(Civil Cade Sections 1190 and Corporations Cade Section 313). All dguatcura s must be acknowpedged as set forth on page mo. APPROVALS/ACKNOWLEDGMENT Number APPROVALS RECOMMENDED BY DEPARTMENT FORM APPROVED CQY COUNSEL, � Designee Deputy APPROVED: COUNTY ADMINISTRATOR By: Designee ACIC OWLEDGMIEN 7 STATE OF CALIFORNIA ) . Alameda. ) ss. COUNTY OF ILT n A r}�n'rA ) On May 20, 1999 , before me, Joyce D. Stephens (insert name and title of the officer), personally appeared Kei,th Fl ming, President and Day-id McKenzie personally known to me(or -pre e rrte��i tr: s ttf s ti"fes iefe e) to be the person(s) whose name(s)X/are subscribed to the within instrument and acknowledged to me that4&kAw/they executed the same iaJii&& r/their authorized capacity(ies), and that by his, their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS MY HAND AND OFFICIAL SEAL. "n• ' 's{ ---'i-- • °z (Seal) 4„��, iia S ioatur � ACKNOWLEDGMENT(5y Corporation,Pannership,or Individual) f a5t r,v�a (Civi3 Code 61189) . �`�; O f ar w„f 3`�",• �`� PAYMENT PROVISIONS (Pee Basis Contact) Number 1. Payment Amounts. Subject to the Payment Limit of this Contract and subject to the following Payment Provisions, Authority will pay Contractor the following fee as full compensation for all services, work,expenses or costs provided or incurred by Contractor: [Check one alternative only.] [x] a $7,500.00 quarterly, or [ ] b.$ per unit, as defined in the Service Plan, or [ ] c.$ after completion of all obligations and conditions herein. 2. Pavment Demands. Contractor shall submit written demands. Said demands shall be in the manner and form prescribed by Authority. 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 Director of the County Human Resources Department or her designee, Authority will mare payments as specified in Paragraph 1. (Payment Amounts) above. 3. Penalty dor Late Submission. When Contractor fails to submit to Authority a timely demand for payment as specified in Paragraph 2. (Payment Demands) above, and as a result of Contractor's late submission the Authority is unable to obtain reimbursement from the State of California or otherwise; to the extent the Authority's recovery of funding is prejudiced, Authority shall not pay Contractor for such services, eventhough such services were fully provided. 4. Right to Withhold. Authority has the right to withhold payment to the Contractor when, in the opinion of the Authority 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 record, 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 Authority, State or Federal audit agencies occurring as a result of its performance of this Contract. Contractor also agrees to pay to the Authority within 30 days of demand by Authority the full amount of the Authority'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: _¢AVA _ Cdntractor authority SERVICE LAN 'umber 1. Contractor's 0blivations Contractor shall assign qualified persons to provide the following services to the Contra Costa County In-Home Supportive Services Authority '(Authority) as follows: Contractor shall advise and consult with the County Human Resources Department, designated as manager of labor relations for the Authority, and, as appropriate, the Board of Supervisors in its capacity as the governing body of the Authority at such times and places as may be mutually agreed upon by Contractor, the Human Resources Department and the Authority on all matters relating to employment conditions and employer/employee relations. Contractor, as the designated representative of the Human Resources Department and the Authority, shall meet and confer in good faith with representatives of the employee organization(s) formally recognized by the Authority. Contractor shall report to the Human Resources Director or designee on the progress of negotiations with(each of)the formally recognized organizations. Contractor shall perforin other related services, including but not limited to preparation and administration of memoranda of understanding. Contractor shall perform research and analysis ancillary to negotiations. Contractor shall provide consultation regarding management of overall labor/employee relations, including but not limited to wage and hour administration, management training and benefits program design. Contractor, as designated representative of the Human Resources Department and the Authority, shall provide consultation regarding disciplinary procedures and shall process appeals and/or grievances associated with the memoranda of understanding. Initials: — Contractor Authority GENERAL CUNDMONS (IHSS Negotiations and Support Contract) l. Compliance with Law. Contractor shalt be subject to and damply 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 Authority, 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 Authority, 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 Authority. a. Retention of Records. The Contractor shalt 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 Authority,the State of California, and the United States Government. b. Access to Books and Record of Contractor, Subcontractor. Pursuant to Sectionl861(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 subco tact 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 Authority,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. 4n Reporting Re Pursue to Government Code Section 7550,Contractor shat] include in all documents or written reports completed and submitted to Authority 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 docurnent or written report. This section shall apply only if the payment limit under this Contract exceeds$5,000. GENERAL CONDITIONS (IHSS Negotiations and Support Contract) 5. Termination. a. Written Notice. This Contract may be terminated by either party, at their sole discretion, upon sixty-day advance written notice thereof to the other, and may be cancelled immediately by written mutual consent. b. Failure to Perform. The Authority, upon written notice to Contractor, may inuirZately terminate this Contract should the Contractor fail to perform properly any of its obligations hereunder. In the event of such termination,the Authority may proceed with the work in any reasonable manner it chooses, The cost to the Authority of completing Contractor's performance shall be deducted from any sum due the Contractor under this Contract, without prejudice to the Authority'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-Authority funding for this Contract ceases, this Contract is terminated without notice. 6. Entire Agreement. This Contract contains all the terms and conditions agreed upon by the parties. Except as expressly provided herein, no other understanding, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or to bind any of the parties hereto. 7. Further Specifications for operating Procedures. Detailed specifications of operating procedures and budgets required by this Contract, including but not limited to, monitoring, evaluating, auditing,billing,or regulatory changes, may be developed and set forth in a written Informal Agreement between the Contractor and the Authority. Such Informal Agreements shall be designated as such and shall not be amendments to this Contract except to the extent that they fitrther 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 suns of money to be paid the Contractor as provided herein, Informal Agreements may be approved and signed by the Director of the County human Resources Department or her designee. 8. Modifications and Amendments. a. General Amendments. This Contact may be modified or amended by a written document executed by the Contractor and Contra Costa County Board of Supervisors in its capacity as the governing body of the Authority 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 Contra Costa County In-Home Supportive Services Authority, subject to any required State or Federal approval,provided that such administrative amendments may not materially change the Payment Provisions or the Service flan. GENERAL CONDITIONS (IHSS Negotiations and Support Contract) 9. Disputes. Disagreements between the Authority and Contractor concerning the meaning, requirements, or performance of this Contract shall be subject to final determination in writing by the Director of the County Human Resources Department or her 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 Centra Costa County and shall be governed and construed in accordance with the laws of the State of California.. b. Any action relating to this Contract shall be instituted and prosecuted in the courts of Contra Costa County, State of California. 11. Conformance with Federal and State Regulations and Laws. Should Federal or State regulations or laws touching upon the subject of this Contract be adopted or revised during the term hereof, this Contract shall be deemed amended to assure conformance with such Federal or State requirements. 12. No Waiver by Authority. Subject to Paragraph 9. (Disputes) of these general Conditions, inspections or approvals, or statements by any officers,agent or employee of the Authority indicating the Contractor's performance of any part thereof complies with the requirements of this Contact, or acceptance of the whole or any part of said performance, or payments therefor, or any combinations of these acts, shall not relieve the Contractor's obligation to full this Contract as prescribed; nor shall the Authority 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 Director of the County Human Resources Department or her 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, servants, employee, partnership,joint venture or association. 15. Conflict 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 Sections871.00, et seq., or otherwise. 16. Confidentiality. Contractor agrees to comply and to require its officer, 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: GENERAL CONDITIONS (IHSS Negotiations and Support Contract) 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 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 Authority and its officers and employees from any and all claims, costs and liability for any damages, sickness, death, or injury to person(s) or property, including without limitation all consequential damages, from any cause whatsoever arising directly or indirectly from or connected with the operations or services of the Contractor or its agents, servants, employees or subcontractors hereunder, save and except claims or litigation arising through the sole negligence or sole willful misconduct of the Authority or its oars or employees. Contractor will reimburse the Authority for any expenditures, including reasonable attorneys' fees, the Authority may make by reason of the matters that are the subject of this indemnification, and if requested by the Authority will defend any claims or litigation to which this indemnification provision applies at the scale 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 Authority 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 Authority, 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. 'Worker's Compensation. The Contractor shall provide workers' compensation insurance coverage for its employees GENERAL CONDITIONS (IHSS Negotiations and Support Contract) C. Certificate of Insurance. The Contractor shall provide the Authority 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 Authority 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 Authority shall be addressed to the Director of the County Human.Resources Department or her designee. 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 Authority shall be the date of receipt by the Director of the County Human Resources Department. 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. Nourenewal. 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 Authority under a new contract following expiration of termination of this Contract, and waives all rights or claims to notice or hearing respecting any failure to continue purchase of all or any such services from Contractor. 23. Possessory Interest. If this Contract results in the Contractor having possession of� claim to or right to the possession of land or improvements, but 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 147), 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. 2.4. No Third-Party Beneficiaries. Notwithstanding mutual recognition that services under this Contract may provide some aid or assistance to members of the Authority's population, it is not the intention of either the Authority or Contractor that such individuals occupy the position of intended third-party beneficiaries of the obligations assumed by either party to this Contract. GENERAL CONDITIONS (IHSS Negotiations and Support Contract) 25. Copyrights and Rights in Data. Contractor shall publish or transfer any materials produced or resulting from activities supported by this agreement without the express written consent of the Director of the County Human Resources Department. If any material is subject to copyright,the Authority reserves the right to copyright such and the Contractor agrees not to copyright such material. If the material is copyrighted,the Authority 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 Authority 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 Authority 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 Authority 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 ofthe Authority.Notwithstanding the foregoing, Contractor may express its views on products to other contractors,the Board of Supervisors, Authority 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 Authority 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-wired audit biennially and shall submit the audit to Authority in the time, form, and manner required by the most current version of Office of Management and Budget Circular A-133 and by Authority. 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 Authority in the time,form,and manner required by the most current version of Office of Nianagernent and.Budget Circular A-133 and by Authority. Contractor is solely responsible for arranging for the conduct of the audit,and for its cost, and Authority 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 Authority receives the audit from Contractor. TO: BOARD OF SUPERVISORS FROM: TONY COLON, DIRECTOR COMMUNITY SERVICES DEPARTMENT DATE: May 25, 1999 Ste' TRANSITION PLAN FOR HEAD START DELEGATE AGENCY SERVICES IN WEST COUNTY. SPECIFIC REQUESTS)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION I. REC0NV ENI3ED ACTION: A. ACCEPT letter from Bayo Vista Child and Family Center, Inc., Head Start/Expanded State Preschool Delegate Agency, notifying County of its intent to terminateContract #33-502-11 and Contract #38-528 and to cease program operations in its service areas of Rodeo, Hercules, Crockett, Pinole, and El Sobrante. B. ACKNOWLEDGE letter from the Community Services Department to Bayo Vista regarding the above letter of termination; and, C. APPROVE and AUTHORIZE the Community Services Department, as Grantee, to assume program'services effective on or before June 21, 1999; and D. DIRECT the Community Services Department Director to develop Dead Start and Expanded State Preschool Transition Plans in collaboration with Bayo Vista Child and Family Center, to include: assumption of program services, negotiation of leases, transfer of personnel, and necessary communications with labor organizations. II. FINANCIAL IYI.PACT: The Head Start program is federally funded through December 31, 1999 by the U.S. Department of Health and Human Services, Administration for Children and Families. The Expanded State Preschool program is funded through June 30, 1999 through an Interagency Agreement with the Contra Costa Community College District. No County funding is required. CONTSIdI:'1tD ON ATTACII.'�fENT: YES SIGNATUR3fi RECOMMEMATION OF COUNTY ADMINISTRATOR �RECOMMENDATION OF BOARD COMMITTEE APPROVE _ OTHER ACTION OF BOARD ON 25. 1999 APPROVED AS RECOMMENDED OTIIER VOTE OF SUPERVISORS I HEREBY CERFITY THAT THIS IS A TRUE UNANIMOUS(AB,SENT =Tone - - -- -- -- ) AND CORRECT COPY OF AN AC`3'ION TAKEN AYES: :`TOES: AND ENTERED ON THE MINUTES OF THE BOARD ASSENT- ABSTAIN: OF SUPERVISORS ON TIM DATE SHOWN. CONTACT: TONY COL:N,31347350 ATTESTED I�3y 25, 199 PHM BATC11ELDR,CLERIC OF THE BOARD OF cc: CAO SUPERVISORS AND COUNTY ADMINISTRATOR CSD DEPUTY M382 (10/88) Page 2 Bayo Vista May 25, 1999 III. REASON'S FOR RECO M- ENDATIONS/BACKGROUND. Bayo Vista Child and Family Center, Inc. has chosen to exercise its right to terminate contract operations pursuant to Paragraph 5. (Termination) of the County General Conditions. The Delegate Agency will continue program services through June 11, 1999, when the school year ends. The County, as Grantee, is obligated to continue to provide services to children and families funded under the current budget. The Community Services Department will assume direct operation of the Bayo Vista Child and Family Center, Inc. program no later than June 21, 1999. The exact date of program assumption will be determined by the Department and Bayo Vista as part of the collaborative Transition Plan process. Bayo Vista is funded to serve 212 children and employ approximately 40 employees through its Head Start and Expanded State Preschool programs. Program Transition Plans are therefore necessary to ensure program continuity, provide for the health and safety of enrolled children, and maintain compliance with program regulations. APR'-28--99 WED 81 : 12 PM BAYOVISTA. HEADSTORT 51OZ460bli F. 02 $A'f't) VfSTA CI-ICLp & FAMILY CENnl;� INC. 3733 Stan POW Dasa Road EI Sobrantt;, Callfornitt 949013 Phone(510)243-0813 Fax(510)U34911 r E-Mali-brvctc(t bottom.tatl.net April 28, 1999 Mr.Tori Colon,Director coni tuanity Services t ttment _ 1220 MorcHO Avenue,Suite 10 l Martf=4 CA V4553 L)wr Mr.Colon. The Boo Vista Child and];amity Cerder,IM Board of Directors t aeby serves the County { with a 30-day notice of our Intent to terminate the k+lkmWg County contracts oZedive Pridap, June 1.1,1;4911. �y! • County Contra;(Numbor 33.502-11(Head Statt) • Coanty Contract Nutri 38-62.8(F-vanded State Prescltooll `Chis notice Is in ac cordtance with paragraph 3.Gond Conditions feu troth agreements, The foregoing is condition capon hoard of Dimaors for Bqo Vista Child A PoLinfly Servl©es, Inc.,dired irtvolvetttel,t In the 4mlopmcat aW appm al or f+asYttat transition plat,. As we have 4119=wct we will work both closely and coopotatively with the County to efl'e+ctuate a smooth transition plan. Mum call trio at(514)799-1651 if you have any questions mgar ing this matter. fiincercly, Robert Oray, Chairman,Board ofDtrectors Bayo Vista CWId and Family Center,Inc. -WEST COUNTY OFFICE GAYLE B. UILKEMA • 586 PARKER AVENU' RODEO,CA 94572 CONTRA COSTA COUNTY (510)374-7101 BOARD OF SUPERVISORS ei. FAX(510)374-7102 SUPERVISORIAL DISTRICT TWO M LAMORINDA OFFICE COUNTY ADMINISTRATION BUILDING MORAGA FIRE DIST.HDOTRS. 651 PINE STREET,ROOM,108A 1280 MORAGA WAY ,MARTINEZ,CA 94553-1293 MORAGA,CA 94572 (925}335-1046-1046 (925)646-6067 FAX(925)335-1076 FAX(925)646-6068 email:Gayle Osupervisors.co.cortra-costa.ca.us website:www.co.contra-costa.ca.us/depart/superviso,s May 7, 1999 Mr. Robert Gray, Chairman Board of Directors Bayo Vista Child and Family Center, Inc. 3733 San Pablo Dam Road El Sobrante, CA 94803 Dear Mr. Gray: I would like to take this opportunity to commend you for your leadership as Chairman of the Board of Directors of the Bayo, Vista Child and Family Center. It is apparent to me that your bottom line is to provide the best possible experience for the children of the program. Your devotion to that standard of excellence is very clearly demonstrated by your solid guidance to the community during the decision-making period. Mr. Colon has indicated to me that your stewardship of the Bayo Vista Child and Family Center has been an invaluable resource to him. It is my sincere hope that you will continue your active advocacy and that the wealth of experience, which you have, will continue to be a part of the program. You are a rich resource on behalf,of the peoplq. Thank you for your years of service and caring. Sincerely, Gayle B. Uilkema, Supervisor Contra Costa County, District 2 GBU/jae ALHAMBRAVALLEY - CANYON - CROCKETT - GIANT - HERCULES LAFAYETTE - 'MARTINEZ MONTALVIN MANOR - MORAGA - ORINDA - PINOLE - PORT COSTA - RODEO SARANAP - TARAHiLLS TORMEY Community Services Department Contra Child dMlopement 3743994 Child nutrition 374-3850 AdmCostaCornnunity Action 313-7363 1220 ttlstrlo,Suite Head Start 646-5540 12213 Morello,Suite 101 Martinez,California 94553-4711 ( # (510)313-7350 County ! (,y Fax(510)313-7385 Tony Corm, Director May 13, 1999 :r< 1 h., Mr. Robert Gray Chairman, Board of Directors Bayo Vista Child &Family Center 3733 San Pablo Dam Road El Sobrante, CA 94803 ,,Dear=�ra � The purpose of this letter is to acknowledge the receipt of your 0-day notice to terminate Contracts Dumber 33-5012-11 and 38-628. As agreed to, both of the above Contracts will terminate on Friday,June 11, 1999.The.County will take over program operations for both on Saturday,June 12, 1999. This past six months has clearly been a very difficult and trying time for the families,staff and Board of your organization.To the credit of your Board,the actions taken with respect to this letter clearly demonstrate your deep concern and commitment for the children and families served through both contracts. We look forward to working with the Board and you in the months ahead for the benefit of the citizens of West Contra Costa County. Please call me at(925) 313-7350 if you have any questions regarding this matter. Thank you. -Tony Cohn Director cc: Local Policy Committee, Bayo Vista Child &Family Center Board of directors, Bayo Vista Child&Family Center Head Start Policy Council County Board of Supervisors- Phil Batchelor Scott Tandy Pat Stroh Maria Fgg, ACF