Loading...
HomeMy WebLinkAboutMINUTES - 03212000 - C.109- C.114 TOt BOARD OF SUPERVISORS i loq FROM: TONY COLD`N, DIRECTOR COMMUNITY SERVICES DEPARTMENT OARS: March 21, 2000 ` SUBJECT! APPROVAL OF HEAD START PROGRAM ENHANCEMENT CONTRACT AMENDMENT. SPSCIPSC REQUSST(S)OR RECOMMPNDATION(S)II:BACKGROUND AND JUSTIFICATION r I. RECOMMENDED ACTION: APPROVE and AUTHORIZE the Community Services Director or designee to execute contract amendment #38-462-1 with Concord Child Care Center in the amount of $5,100 for a new total contract payment limit of$26,100 for Head Start program enhancement services, effective January 1, 2000. II. FINANCIAL IMPACT: This contract is federally funded by the Head Start Basic Grant. No County funding is required. III. CHILDREN'S EWPACT STATEMENT The Community Services Department Head Start Program supports two of Contra Costa County's community outcomes: "Children Ready for and Succeeding in School" and "Families that are Safe, Stable and Nurturing." These outcomes are achieved by offering comprehensive services, including high quality early childhood education, nutrition, health, and social services, along with a strong parent involvement focus, to low-income children throughout Contra Costa County. The overall goal of the program is to bring about a greater degree of social competence in preschool children from low-income families. IV. REASONS FOR RECOMMENDATIONS/BACKGROUND: Effective November 1, 1999, the Community Services Department executed Short Form Service Contract #38-462 with Concord Child Care Center in the amount of $21,000 for the provision Head Start program enhancement services to 20 program eligible children for the period from November 1, 1999 through June 30, 2000. Approval of this contract amendment with Concord Child Care Center will allow the County Head Start program to serve an additional 6 children for a total of 26 program eligible Head Start children ages 0-5 in a full-day, full year environment at a significantly reduced cost. CONTINUED ON ATTACHM[EN; SIGNATURE: __�W4=DATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMIT= _.'iFiPROVS OTHER ACTION OF SOARO, / /_1J'T_i ,�[ j�/ i ,1pPROVBD AS RECOMMBd mSD _ .�jC OTfR VOTE OF SUPERVISORS y I HEREBY CERPI IY THAT THIS IS A TRUE h WANIMOUS(ABSENT 1 AND CORRECT COPY OF AN ACTION TAKEN AYPBt NOESt AND ENTERED ON THE MINUTES OF THE BOARD ABSENTS ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. CONTACT: TONY COLON,313-7350 AI`trsTED f/'f,�r ,; d PHIL BATCHZWR,CLXRE OF THE BOARD OF CC: CAO CSD SUPERVISORS ANIS COUNTY ADhwasTRATOR � MM (10/m BY.�_/ / ��L��t rL�ti DEPUTY TO: BOARD OF SUPERVISORS Contra FROM: Steven L. Bautista Caste ,9`r 1: County DATE: February 9, 2000 SUBJECT! VOLUNTEERS IN PROBATION CONSULTING CONTRACT SPECIFIC REOUEST(S)OR RECOMMENDATION(S)A BACKGROUND AND JUSTIFICATION RECOMMENDATION: APPROVE and AUTHORIZE the County Probation Officer to execute a contract with Ms. Mari Metcalf in the amount of$30,695.00 to provide consulting services for the Volunteers in Probation Program from March 1, 2000 through September 30, 2000. BACKGROUND: This contract position was originally established in the Fall of 1996 under the SafeFutures Grant program. Ms. Metcalf has replaced the original volunteer coordinator, Jennifer Goldstock, effective December 1, 1997. Ms. Metcalf s last contract expired on September 30, 1999. In order that she be paid for her services in a timely manner, it was necessary to enter into a two month contract for a total of$8,770.00 effective October 1, 1999 through November 30, 1999, which was within the approval limit for the County Purchasing Agent. This contract was then extended until February 29, 2000 and the payment limit increased to $21,925.00. Since that time we have received from the U.S. Department of Justice approval of fourth-year SafeFutures funding. FISCAL IMPACT: These services are funded through the SafeFutures grant. CONTINUED ON ATTACHMENT: SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER 1 A ACTION OF BOARD ONS✓ 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 ON THE DATE SHOWN. CC: ATTESTED d L4� �f dd L1. Contact: Steven L. Bautista(925) 313-4180 PHIL BATCHELOR,CLERK OF THE BOARD OF County Probation Officer SUPERVISORS AND COUNTY ADMINISTRATOR County Administrator M382 (10/88) Auditor-Controller BY !' - 'DEPUTY TO: BOARD OF SUPERVISORS 1 FROM: Warren E. Rupf,Sheriff-Coroner Contra DATE: March 3,2000 Costa County SUBJECT: Contract for Background Investigation SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: APPROVE and AUTHORIZE the Sheriff-Coroner or his designee to execute a contract on behalf of the County with Dennis Malloryfor Background Investigation forthe period March 1,2000 to February 28, 2001.' FISCAL IMPACT: The cost of this contract will be $57,000.00. Funding for Background Investigation has historically been available in the Sheriffs Office budget. This contract uses budgeted resources more efficiently and allows the Office to investigate the increased number of candidates being considered, while containing costs. BACKGROUND: The Sheriffs Office is responsible for conducting background investigations on candidates for employment in both sworn and non-sworn support positions. The contractor has been conducting investigations for the Sheriffs Office; this contract continues his role in the investigation process. As part of the background investigation the Office has used consultants to conduct polygraph examinations at a cost of $150.00/examination. The Office purchased a computervoice stress analysis(CVSA)instrument, and this contractor is trained in conducting CVSA and reporting results. Use of CVSA has reduced the cost of each examination to approximately $50.00. The CVSA has replaced the polygraph for most support position candidates. CONTINUED-ON ATTACHMENT: SIGNATURE: RE MMENDATION OF COUNTY ADMINISTRATOR RECOMMEN ATION F BOARD COMMITTEE APPROVE OTHER SIGNATURE(S):( ACTION OF BOARD 1N. / APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS (ASSENT,X' ) 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 Person:Kathleen Martin,5-1529 CC: ATTESTED.,L ,Y-K_ ro?4 t2&aCl County Administrator Justice System Programs County Auditor-Controller,AJP Contracts Sheriff-Coroner(for distribution) PHIL BATCHELOR,CLERK OF THE BOARD OF SUPERVISORS AND7 COUNTY ADMINISTRATOR BY DEPUTY TO: BOARD OF SUPERVISORS FROM: Phil Batchelor, County Administrator DATE: -Lacuntra March 14, 2000 CosT SUBJECT: Contract with Ah Hing for Risk Managementp"�ty Services U0 1 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: APPROVE and AUTHORIZE the Risk Manager to execute a contract with Ah Hing to perform risk management services from April 1, 2000 to March 31, 2001 in an amount not to exceed $50,000. FINANCIAL IMPACT: Costs for risk management related services are funded through the Self-Insurance Trust Funds. BACKGROUND/REASONS FOR RECOMMENDATION: Ah Hing has provided services to the County since October 1, 1996. Based on the services provided, experience and expertise, it is recommended the County continue to contract with Ah Hing. Services include development of self-insured workers' compensation and liability premium charges for departments based on payroll and losses; obtain and organize data for actuarial reviews of the County's self- insurance programs; assist departments in developing insurance requirements, indemnification and other provisions to protect the County in contracts; work with departments and public contracting parties to develop reasonable alternatives to standard form contract insurance requirements; obtain and organize underwriting information required by the County's excess property, general liability, medical malpractice, bonding, aircraft and workers' compensation insurance carriers; prepare forms for filing of risk management and safety information required by State and Federal regulatory agencies; and provide temporary risk management and analytical services for vacant positions. CONTINUED ON ATTACHMENT: 7ZYES SIGNATUR . L 11 RECOMMENDATION OF COUNTY ADMINISTRATOR �IJOMMENDATIOkNJ BOARD COMMITTEE 1 APPROVE OTHER SIGNATURE(S): ACTION OF BOAR 2�9 2&1e) APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON THE MINUTES OF THE BOARD UNANIMOUS (ABSENT } OF SUPERVISORS ON THE DATE SHOWN. AYES: NOES: ABSENT: ABSTAIN: ATTESTED Z7.7LIIP GAS ti d y' PHIL BATCHELOR,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR Contact: Joseph J. Tonda—335-1450 cc: CAO Risk Management Auditor-Controller Ah Hing BY elf,,-,' ,DEPUTY TO: BOARD OF SUPERVISORS FROM: Barton J. Gilbert, Director of General Services Contra Costa DATE: March 21, 2000 County SUBJECT: CONTRACT WITH CAVER-MOOREHEAD SYSTEMS, INC. TO PROVIDE INVENTORY EQUIPMENT SURVEY SERVICES FOR COUNTY HVAC SPECIFIC REQUESTS OR RECOMMENDATION(S)6 BACKGROUND AND JUSTIFICATION I. RECOMMENDATION: Approve and authorize Director of General Services or his designee to execute a contract with Caver- Moorehead Systems, Inc. in the amount of$62,000 to provide inventory equipment survey services for County heating, ventilation and air-conditioning systems (HVAC), for the period March 1, 2000 through September 30, 2000. II. FISCAL IMPACT: Funds to pay for this service are available in the General Services' budget. This is the most cost- effective way for the County to gather the needed information to implement a preventative maintenance and repair history database for building HVAC equipment. If the Department is able to begin this contract immediately, Caver-Moorehead has agreed to charge $11,000 less than their original quoted price, due to the fact that they will have staff in this area doing another major project. II. BACKGROUND: General Services purchased a software program, MP2, in mid-1999 which will provide preventative maintenance information, and use and repair information for HVAC equipment in County buildings. The first phase of implementation was to put the Materials inventory for Building Maintenance, Stationary Engineers and Hospital Maintenance on the system, as the old inventory system was not Y2K compliant. The second phase of implementation is to gather the equipment information to build the database for HVAC equipment in County buildings. Caver-Moorehead, Inc. is able to survey the buildings, tag the equipment, import the information into the MP2 program and provide the County with completed drawings. This firm has done this work for other counties and public agencies, including Alameda County. The Department does not have the in-house capability to perform this work as efficiently nor as timely as can be done by Caver-Moorehead. r CONTINU ON ATTACHMENT: YES SIGNATURE: COMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE PROVE —OTHER -)r` ,. SIGNATURE(S): ACTION OF B 0 APPROVED AS RECOMMENDED OTHER V VOTE OF SUPERVISORS z ` UNANIMOUS(ASSENTr ) AYES: NOES: ABSENTS: ABSTAIN: MEDIA CONTACT: CC: General Services Department I HEREBY CERTIFY THAT THIS IS A TRUE Administration AND CORRECT COPY OF AN ACTION TAKEN Accounting AND ENTERED ON THE MINUTES OF THE BOARD g OF SUPERVISORS ON THE JDATE .SHOWN. ATTESTED/ 2G��_f7✓ C �r � O PHIL BATCHELOR,CLERK OF THE BOARD OF j,, ,, SUPERVISORS AND COUNTY ADMINISTRATOR BY I/ �. -,DEPUTY Contra Costa County Number: Standard Form 1/87 STANDARD CONTRACT Fund/Org No.: a, (Purchase of Services) Account No.: 1. Contract Identification Department: General Services Subject: Inventory Equipment Survey Services 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: Contractors:Caver-Morehead Systems, Inc. Taxpayer ID No.: Capacity:Corporation--for profit Address:2222 W. Spring Creek Parkway, Suite 116 Plano,Texas 75023 3. Term. The effective date of this Contract is March 1. 2000 and it terminates September 30. 2000 unless sooner terminated as provided herein. 4. Payment Limit. County's total payments to Contractor under this Contract shall not exceed$62,000.00. 5. County's +Obligations. County shall make to the Contractor those payments described in the Payment Provisions attached hereto which are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. 6. Contractor's Obligations. Contractor shall provide those services and cant' 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 S`recial 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: 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) 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. /11�2<1 art re+ Contra Costa County Standard Form 187 APPROVALS/ACKNOWLEDGEMENT Number APPROVALS RECOMMENDED BY DEPARTMENT FORM APPROVED By By Designee APPROVED COUNTY ADMINISTRATOR Ey Designee ACKNOWLEDGEMENT State of California ACKNOWLEDGEMENT(by Corporation, Partnership, or Individual) County of The person(s) signing above for Contractor, personally known to me in the individual or business capacity(ies) stated, or proved to me on the basis of satisfactory evidence to be the stated individual or the representative(s) of the partnership or corporation named above in the capacity(ies) stated, personally appeared before me today and acknowledged that he/she/they executed it, and acknowledged to me that the partnership named above executed it or acknowledged to me that the corporation named above executed it or acknowledged to me that the corporation named above executed it pursuant to its by-laws or a resolution of its board of directors. Date. [Notarial Seal] Notary Public/Deputy County Clerk Contra.Costa County Standard Form 1/87y PAYMENT PROVISIONS (Fee Basis Contracts) Number 1. Payment Amounts. Subject 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: (Check one Alternative only.] [ ] a. $ monthly, or [ ] b. $ per unit, as defined in the Service Plan, or [ ] C. $62,000 , 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 thirty (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. Right to` ithhold. County has the right to withhold payment to the Contractor when, in the opinion of the County expressed in writing to the Contractor, (a) the Contractor's performance, in whole or in part, either has not been carried out or is insufficiently documented, (b) the Contractor has neglected, failed or refused to furnish information or to cooperate with any inspection, review or audit of its program, work or records, or(c)Contractor has failed to sufficiently itemize or document its demand(s) for payment. 4. Audit Exceptions. Contractor agrees to accept responsibility for receiving, replying to, and/or complying with any audit exceptions by appropriate County, State or Federal audit agencies occurring as a result of its performance of this Contract. Contractor also agrees to pay to the County within 30 days of demand by County the full amount of the County's 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 County Dept. 5 Contra Costa County Standard Form 1/87 GENERAL CONDrITIONS (Purchase of Services) 1. Qmp iance 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 State Government/ b. _Acc+ess to Books and Records of Contractor, Subcontractor. Pursuant to Section 1861(v)(1) of the Social Security Act, and any regulations promulgated thereunder, Contract 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 subcontractor with a value of $10,000 or more over a twelve-month period, such subcontractor 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 subcontractor, 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 Reouirements. Pursuant to Government Code §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 dollars amount of all contracts and subcontracts relating to the preparation of each such document or written report. This section shall apply only if the payment limit under this Contract exceeds $5,000. 1 Contra Costa County Standard Form 1/87 GENERAL CONDITIONS (Purchase of Services) 5. Termination. a. Written Notice, This Contract may be terminated by either party, at their sole discretion, upon 30-day advance written notice thereof to the other, and may be cancelled immediately by written mutual consent. b. Failure to Perform. The County, upon written notice to Contractor, may immediately terminate this Contract should the Contractor fail to perform properly and 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. Caseation of Funding. Notwithstanding Paragraph 5.a. above, in the event that Federal, State, or other non-County funding for this Contract ceases, this Contract is terminated without notice. 6. Entire Agreement. This Contract contains all the terms and conditions agreed upon by the parties. Except as expressly provided herein, no other understanding, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or to bind any of the parties hereto. 7. Further Specifications for Operating Procedures. Detailed specifications of operating procedures and budgets required by this Contract, including but not limited to, monitoring, evaluating, auditing, billing, or regulatory changes, may be developed and set forth in a written Informal Agreement between the Contractor and the County. Such Informal Agreements shall be designated as such and shall not be amendments to this Contract except to the extent that they further detail or clarify that which is already required hereunder. Such Informal Agreements may not enlarge in any manner the scope of this Contract, including any sums of money to be paid the Contractor as provided herein. Informal Agreements may be approved and signed by the head of the County Department for which this Contract is made or his designee. S. 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. Disputeg. 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. f'9 Contra Costa County Standard Form 1/87 GENE1<tAI.,CONDITIONS (Purchase of Services) 10. Choice of Law and Personal Jurisdiction. a. This Contract is made in Contra Costa County and shall be governed and construed in accordance with the laws of the State of California. b. Any action relating to this Contract shall be instituted and prosecuted in the courts of Contra Costa County, State of California. 11. Conformance with federal and State Regulations and Laws. Should Federal or State regulations or laws touching upon the subject of this Contract be adopted or revised during the term hereof, this Contract shall be deemed amended to assure conformance with such Federal or State requirements. 12. No Waiver by County. Subject to Paragraph 9. (Disputes) of these General Conditions, inspections or approvals, or statements by any officer, agent or employee of the County indicating the Contractor's performance or any part thereof complies with the requirements of this Contract, or acceptance of the whole or any part of said performance, or payments therefor, or any combination of these acts, shall not relieve the Contractor's obligation to fulfill this Contract as prescribed, nor shall the County be thereby stopped 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 087100, et seq., or otherwise. 16. Confidentiality. Contract 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 services. Contra Costa County Standard Form 1/87 GENERAL CONDITIONS (Purchase of Services) b. No person will publish or disclose or permit or cause to be published or disclosed, any list of persons receiving services, except as may be required in the administration of such services. 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 or 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 instructions. 18. Indemnifi+cs#ion. The Contractor shall defend, indemnify, save and hold harmless the County and its officers and employees from any and all claims, costs and liability for any damages, sickness, death, or injury to person(s) or property, including without limitation all consequential damages, from any cause whatsoever arising directly or indirectly from or connected with the operations or services of the Contractor or its agents, servants, employees or subcontractors hereunder, save and except claims or litigation arising through the sole negligence or sole willful misconduct of the County or its officers or employees. Contractor will make good to and reimburse the County for any expenditures, including reasonable attorneys fees, the County may make by reason of such matters and, if requested by the County will defend any such suits 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 $1,000,004 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 insured 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. Worker's Compensation. The Contractor shall provide workers' compensation insurance coverage for its employees. C. Certificate of Insurance. The Contractor shall provide the County with 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 current certificate(s) of insurance. d. Additional Insurance Provisions. The insurance policies provided by the Contractor shall include a provision for 30-days written notice to County before cancellation or material change of the above specified coverage. Contra Costa County Standard Foran 1/87 GENERAL CONDITIONS (Purchase of Services) 20. Notice. 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. Primary 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 or 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 §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 §107.6, and waives all rights to further notice or to damages under that or any comparable statue. 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 individual(s) occupy the position of intended third-party beneficiaries of the obligations assumed by either party to this Contract. 25. Conyriebts and Itisthts in Data. Contractor shall not publish or transfer any materials produced or resulting from activities supported by this agreement without the express written consent of the County Administrator. If any material is subject to copyright, the County reserves the right to copyright such and the Contractor agrees not to copyright such material. If the material is copyrighted, the County reserves a royalty- free, nonexclusive, and irrevocable license to reproduce, publish, and use such materials, in whole or in part, and to authorize others to do so. 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 Contra Costa County Standard Form 1187 OENERAI.,CONDITIONS (Purchase of Services) Supervisors, County officers, or others who may be authorized by the Board of Supervisors or by law to receive such views. 27. Reguired Audi. 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. TO: BOARD OF SUPERVISORS f GARY T. YANCEY ', Contra FROM: DISTRICT ATTORNEY costa DATE: March 1, 2000 County Approval of Contract Amendment/Extension Agreement SUBJECT. between the District Attorney, Family Support Division and Gilbert Boyd Tarin, Contract# 61997 SPECIFIC RE(lUEST(8)OR RECOMMENDATiO S BACKGROUND AND JUSTIFI ATiON RECOMMENDATIONS: 1. Approve and authorize the Purchasing Services Officer to execute on behalf of the County District Attorney, Family Support Division, Contract Amendment/Extension Agreement with Gilbert Boyd Tarin to increase the amount of the current contract by $66,600, from$24,999 to $91,599, and to extend the term of the agreement from March 31, 2000 through December 31, 2000. FINANCIAL IMPACT: Funding for this activity is built into the 1999-2000 final County budget and is included in the initial Federal/State allocation to Contra Costa County. In the event that recent State legislation which requires transition of Family Support from the District Attorney to County Administration decreases this allocation,Family Support expenditures may need to be reduced. Such a reduction may be partially achieved by early termination of this contract. These positions will also be in the 2000-2001 budget we submit to the state. Current state law requires that staffing levels not be less than the January 1999 levels. This position is in lieu of filling a Deputy District Attorney position vacated after that date. REASONS FOR RECOMMENDATIONS/BACKGROUND: In December, 1999, the County Administrator approved and the Purchasing Services Officer executed a contract with Olbert Boyd Tarin for the period December 21, 1999 through March 31, 2000, to provide qualified attorney services for the District Attorney, Family Support Division. Approval of this requested Amendment to the Contract with Gilbert Boyd Tarin will allow the Contractor to continue to provide services through December 31, 2000. CONTINUED ON ATTACHMENT: YES: SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COM EE v'APPROVE OTHER SIGNATURE(S): y ff: �N ��� PROVED AS RECOMMENDED OTHER ACTION OFBOARD VOTE OF SUPERVISORS HEREBY CERIFY 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 SUPTERVISORS ON THE DATE SHOWN. ATTESTED de-Cb COII(t3Ct: Gayle Graham,Dir.OAFS(3-4220) PHIL BATCHELOR,CLERK OF THE BOARD OF CC: Auditor Controller SUPERVISORS AND COUNTY ADMINISTRATOR DA Family Support-Attn:JoAnne McKinney District Attorney-Attn:Ren6e Goldstein `, /1' /'Ir E'��' .DEPUTY CONU S of N.EGATIYE ACMN: Failure to approve this request would result in the District Attorney, Faanily Support Division, being unable to provide necessary attorney support for mandated legal actions in support of collection procedures. This would negatively impact the division's ability to collect and distribute child support and provide service to families and children. s CH_ : II, -IMI NIS IMPACT$TATELJ NT: t1 The,Child Support Program supports one of Contra Costa County's community outcomes: "Families that are Economically Self sufficient", by improving efficiency and accuracy in the collection and distribution of child support payments to families and children. Expected program outcome is: improved effectiveness and efficiency in the collection of child support and providing better service to families and children. is I 1. y i i p ; E ! f t