HomeMy WebLinkAboutMINUTES - 03282000 - C62-C63 Contra
Costa
TO: BOARD OF SUPERVISORS
County
FROM: Dennis M. Barry, AICP
Community Development Director
DATE: March 28, 2000
SUBJECT: Consultant Services for Mortgage Credit Certificate Program Administration
SPECIFIC REQUEST(S) OR RECOMMENDATIONS(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
APPROVE and AUTHORIZE the Deputy Director - Redevelopment to amend the current
contract with Anderson & Associates to increase the current payment limit by $5,000, for a
total payment limit not to exceed $50,300.
FISCAL IMPACT
None. All costs are covered by fees charged to participants.
BACKGROUND/REASONS FOR RECOMMENDATIONS
Federal law authorizes the provision of mortgage assistance to income eligible first time
homebuyers through the issuance of a Mortgage Credit Certificate (MCC). The first time
homebuyer who receives the MCC qualifies for a federal tax credit. The net result to the
homebuyer is to lower the interest of their mortgage. The homebuyer uses the MCC with
conventional market rate mortgages. The County has issued nearly 2,000 MC s.
CONTINUED ON ATTACHMENT: XX YES SIGNATURE:
ECOMMENDATIO .OF COUNTY ADMINISTRATOR E MMENDAT ON OF BOAR
COMMITTEEy'APPROVE OTHER
SIGNATURE(S):
ACTION OF BOA N fi-1,d vc k d4' 12-0-00 APPROVED AS RECOMMENDED,-< OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
UNANIMOUS (ABSENT 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.
Source: Jim Kennedy
335-1255
orifi: Community Development ATTESTED Ina, a,0,,2,M&
cc: County Administrator PHIL BATCHELOR, CLERK OF
County Counsel THE BOARD OF SUPERVISORS
County Counsel AND COUNTY ADMINISTRATOR
Auditor-Controller
via Community Development Dept.
Anderson &Associates BY e , DEPUTY
JKAh-012000/mcc.bos
When federal tax law was amended to create the MCC program, it did not permit the
transfer of the MCC from the original loan to a new loan accomplished by a refinancing.
Recent federal tax law changes allow, with local review and approval, MCCs to be
transferred to a refinanced loan. With the recent run-down of mortgage rates, the County
has received numerous requests for MCC reissuance in conjunction with refinanced
mortgages.
Anderson &Associates has administered the MCC program for the County, as the position
relating to this function in the Community Development Department has been vacant. The
position has now been filled, and the increase in the payment limit will allow Anderson &
Associates to train the staff person in the MCC program.
TO: BOARD OF SUPERVISORS
FROM: Phil Batchelor, County Administrator -'}" �• Contra
Costa
DATE: March 22, 2000
County
SUBJECT: Contract for Cultural Planning Consultant,Arts and Culture Commission
of Contra Costa County
SPECIFIC REQUEST(S) OR RECOMMENDATION(S)$BACKGROUND AND JUSTIFICATION
RECOMME N DAT I ON:
APPROVE AND AUTHORIZE the County Administrator to execute a contract between the County and The Cultural+Planning
Group, David Plettner, Principal, for consultant services to conduct a cultural planning process for Contra Costa County during
the period March 13, 2000 through June 30, 2001, with a contract cost not to exceed $60,000.
FISCALIMPIAOT
The contract is funded through fully committed public and private sources as follows:
National Endowment for the Arts $15,000
California Arts Council $10,000
Contra Costa County General Fund $10,000
San Francisco Foundation $15,000
East Bay Community Foundation $ 8,000
Soda Charities $ 3,000
Total Committed Funds: $61,000
BACK ROUND :ZEASON_FOR.RECOMMENDATION
In August 1999 the Board of Supervisors approved the request of the Arts and Culture Commission for an appropriation of$10,000
as a partial match of funds granted by the National Endowment for the Arts in April 1999 for creation of a cultural plan for Contra
Costa County.
In November 1999 the Arts and Culture Commission issued a Request for Proposals seeking a qualified consultant or consultant
team to help design and implement a comprehensive cultural planning process. At its January 12, 2000 meeting the Arts and
Culture Commission accepted the recommendation of the Consultant Selection Committee and voted unanimously to approve
The Cultural+Planning Group as the consulting firm to conduct the Countywide planning process.
The written document that will result from the planning process will include a visual map and a comprehensive database inventory
of arts, cultural, and heritage organizations,facilities, resources, and services in the County, a needs assessment to determine
gaps in service and other resources;an identification of issues an potential partnership opportunities and funding strategies that
may be explored in the County; quantified "state of the arts and culture in the County," which measures economic impact,
programs, audience size and composition, artistic discipline, artists, volunteers, technicians, and administrators; an assessment
of the need of students, school districts, and parents, teachers, and arts providers in arts in education programs; a prioritization
of the needs and defined solutions to help the Commission develop and implement a cultural agenda for the County over the next
five years.
CONTINUED ON ATTACHMENT: YES SIGNATURE: '
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMM EE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON a,CZ aZ AVC1 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,
ATTESTED 121-tb'c-1
PHIL BATCHELOR,CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
BY y7 7 DEPUTY
Contact Person:
CC: x.66
f.
Contra Costa County Number:
Standard Form 1/87 STANDARD CONTRACT Fund/Org#: 1151
(Purchase of Services) Account#: 2310
1. Contract Identification.
Department: County Administrator/Arts and Culture Commission
Subject: Cultural Planning Consultant
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: The Cultural+Planning Group
Capacity: Consultant Taxpayer ID#038-36-4939
Address: 1318 E. 7`h Street, Suite 201
Los Angeles, CA 90021
3. Term. The effective date of this Contract is March 14, 2000; it terminates June 30,2001 unless sooner terminated
as provided herein.
4. Payment Limit. County's total payments to Contractor under this Contract shall not exceed$60,000.
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 Authorit . This Contract is entered into under and subject to the following legal authorities:
California Government Code: Sections 26227 and 31000.
10. Signatures. These signatures attest the parties'agreement hereto:
COUNTY OF CONTRA COSTA CALIFORNIA
BOARD.OF SUPERVISORS ATTEST: Phil Batchelor,Clerk of the Board of
Supervisors and County Administrator
Chairman/Designee
CONTRACTOR.
By
(Designate business capacity A)
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 Section 1194 and Corporations Code Section 313). All signatures must be acknowledged as set forth on page two.
H:\GROUPS1CLl:R1CONTRCTSISTANDARDISTANDARD.SG 1
Contra Costa County Standard Form 1/87
GENERAL CONDITIONS
(Purchase of Services)
1, Compliance with Law. Contractor shall be subject to and comply with all Federal, State
and local laws and regulations applicable with respect to its performance under this contract,including but
not limited to, licensing, employment and purchasing practices; and wages, hours and conditions of
employment, including nondiscrimination.
2. Inspection. Contractor's performance, place of business and records pertaining to this
Contract are subject to monitoring, inspection, review and audit by authorized representatives of the
County,the State of California, and the United States Government.
3. Records. Contractor shall keep and make available for inspection and copying by
authorized representatives of the County,the State of California,and the United States Government,the
Contractor's regular business records and such additional records pertaining to this Contract as may be
required by the County.
a. Retention of Records. The Contractor shall retain all documents pertaining to this Contract
for five years from the date of submission of Contractor's final payment demand or final Cost Report; for
any further period that is required by law; and until all Federal/State audits are complete and exceptions
resolved for this contract's funding period. Upon request,Contractor shall make these records available to
authorized representatives of the County,the State of California,and the United States Government.
b. Access to Books and Records of Contractor,Subcontractor. Pursuant to Section 1861(v)(1)
of the Social Security Act, and any regulations promulgated thereunder, Contractor shall, upon written
request and until the expiration of four years after the furnishing of services pursuant to this Contract,make
available to the Secretary of Health and Human Services or to the Comptroller General,or any of their duly
authorized representatives, this Contract and books, documents, and records of Contractor that are
necessary to certify the nature and extent of all costs and charges hereunder.
Further, if Contractor carries out any of the duties of this Contract through a subcontract with a value or
cost of$10,000 or more over a twelve-month period,such subcontract shall contain a clause to the effect
that upon written request and until the expiration of four years after the furnishing of services pursuant to
such subcontract, the subcontractor shall make available, to the County, to the Secretary or to the
Comptroller General, or any of their duly authorized representatives, the subcontract and books,
documents,and records of the subcontractor that are necessary to verify the nature and extent of all costs
and charges thereunder.
This special condition is in addition to any and all other terms regarding the maintenance or retention of
records under this Contract and is binding on the heirs, successors, assigns and representatives of
Contractor.
4. Reporting Requirements. Pursuant to Government Code Section 7550, Contractor shall
include in all documents or written reports completed and submitted to County in accordance with this
Contract, a separate section listing the numbers and dollar amounts of all contracts and subcontracts
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Contra Costa County Standard Form 1/87
GENERAL CONDITIONS
(Purchase of Services)
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 canceled immediately by written
mutual consent.
b. Failure to Perform. The County, upon written notice to Contractor, may immediately
terminate this Contract should the Contractor fail to perform properly any of its obligations hereunder. In
the event of such termination,the County may proceed with the work in any reasonable manner it chooses.
The cost to the County of completing Contractor's performance shall be deducted from any sum due the
Contractor under this Contract,without prejudice to the County's rights otherwise to recover its damages.
c. Cessation of Funding. Notwithstanding Paragraph 5.a.above, in the event that Federal,
State,or other non-County funding for this Contract ceases,this Contract is terminated without notice.
6. Entire Agreement. This Contract contains all the terms and conditions agreed uponby the
parties. Except as expressly provided herein, no other understanding, oral or otherwise, regarding the
subject matter of this Contract shall be deemed to exist or to bind any of the parties hereto.
7. Further Specifications for Operating Procedures. Detailed specifications of operating
procedures and budgets required by this Contract, including but not limited to, monitoring, evaluating,
auditing,billing,or regulatory changes,may be developed and set forth in a written Informal Agreement
between the Contractor and the County. Such Informal Agreements shall be designated as such and shall
not be amendments to this Contract except to the extent that they further detail or clarify that which is
already required hereunder. Such Informal Agreements may not enlarge in any manner the scope of this
Contract,including any sums of money to be paid the Contractor as provided herein. Informal Agreements
may be approved and signed by the head of the County Department for which this Contract is made or his
designee.
8. Modifications and Amendments.
a. General Amendments. This Contract may be modified or amended by a written document
executed by the Contractor and the Contra Costa County Board of Supervisors or,after Board approval,by
its designee, subject to any required State or Federal approval.
b. Administrative Amendments. Subject to the Payment Limit,the Payment
Provisions and the Service flan 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,
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Contra Costa County Standard Form 1/87
GENERAL CONDITIONS
(purchase of Services)
provided that such administrative amendments may not materially change the Payment Provisions or the
Service Plan.
9. Disputes. Disagreements between the County and Contractor concerning the meaning,
requirements,or performance of this Contract shall be subject to final determination in writing by the head
of the County Department for which this Contract is made or his designee or in accordance with the
applicable procedures(if any)required by the State or Federal Government.
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 he 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
hot 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. Indmendent 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
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Contra Costa County Standard Form 1187
GENERAL CONDITIONS
(Purchase of Services)
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,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
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Contra Costa County Standard Form 1/87
GENERAL CONDITIONS
(Purchase of Services)
disease, or death to any person or damage to or destruction of property, including the loss of use thereof,
arising from each occurrence. Such insurance shall be endorsed to include the County and its officers and
employees as additional insureds as to all services performed by Contractor under this agreement. Said
policies shall constitute primary insurance as to the County,the State and Federal Governments,and their
officers, agents, and employees, so that other insurance policies held by them or their self-insurance
program(s)shall not be required to contribute to any loss covered under the Contractor's insurance policy or
policies.
b. Workers'Compensation. The Contractor shall provide workers'compensation insurance
coverage for its employees.
c. Certificate of Insurance. The Contractor shall provide the County with(a)certificate(s)of
insurance evidencing liability and worker's compensation 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.
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
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Contra Costa County Standard Form 1/87
GENERAL CONDITIONS
(Purchase of Services)
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 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. 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 ofbffice of
Management and Budget Circular A-133 and by County. If Contractor is funded by$100,000 or more in
federal grant funds in any fiscal year from any source,Contractor shall arrange for conduct of the federally-
required audit annually and shall submit the audit to County in the time,form,and manner required by the
most current version of office of Management and Budget Circular A-133 and by County. Contractor is
solely responsible for arranging for the conduct of the audit,and for its cost,and County may withhold the
estimated cost of the audit or 10 percent of the contract amount,whichever is larger,or the final payment,
from Contractor until County receives the audit from Contractor.
27. Endorsements. Contractor shall not in its capacity as a contractor with Contra Costa
County publicly endorse or oppose the use of any particular brand name or commercial product without the
prior approval of the Board of Supervisors. In its County contractor capacity,Contractor shall not publicly
attribute qualities or lack of qualities to a particular brand name or commercial product in the absence of
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
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Contra Costa County Standard Form 1/87
GENERAL CONDITIONS
(Purchase of Services)
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.
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Contra Costa County Standard Form 6/90
PAYMENT PROVISIONS Number;
(Cost Basis Contracts)
1. Payment Basis. Subject to the Payment Limit, payments to the Contractor for all services provided for County
under this Contract shall only be for costs that are allowable costs that are actually incurred in the performance of
Contractor's obligations under this Contract.
2. Payment Amounts. Subject to later adjustments in total payments as provided below and subject to the Payment
Limit of this Contract, County will pay Contractor as full compensation for all services, work, expenses or costs
provided or incurred by Contractor as set forth in Exhibit B, "Schedule of Compensation."
3. Allowable Costs. Contractor's allowable costs are only those which are determined in accordance with such State
regulations and documents as are set forth in Exhibit A, "Scope of Services" regarding accounting guidelines,
including standards for determining allowable or,non-allowable costs.
4. Payment Demands. Contractor shall submit written demands. Said demands shall be made on County Demand
Form D-15 and in the manner and form prescribed by County. Contractor shall submit said demands for payment
no later than 30 days from the end of the month in which the contract services upon which such demand is based
were actually rendered. Upon approval of said payment demands by the head of the County Department for which
this Contract is made,or his designee,County will make payments as specified in Paragraph 2. (Payment Amounts)
above.
5. Penalty for Late Submission. When Contractor fails to submit to County a timely demand for payment as
specified in Paragraph 4. (Payment Demands) above, and as a result of Contractor's late submission the County is
unable to obtain reimbursement from the State of California or otherwise; to the extent the.County's recovery of
funding is prejudiced, County shall not pay Contractor for such services, even though such services were fully
provided.
6. Right to Withhold. County has the right to 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 demands)for payment.
7. Cost Report and Settlement. No later than forty-five (45) days following the termination of this Contract,
Contractor shall submit to County a cost report in the form required by County, showing the allowable costs that
have actually been incurred by Contractor under this Contract. If said cost report shows that the allowable costs
that have actually been incurred by Contractor under this Contract'exceed the payments made by County, subject
nevertheless to the payment limit of this Contract, County will remit any such excess amount to Contractor,
provided that the payments made, together with any such excess amount, may not exceed the contract payment
limit. If said cost report shows that the payments made by County exceed the allowable costs that have actually
been incurred by Contractor under this Contract, Contractor shall remit any such excess amount to County.
8. Audits. The records of the Contractor may be audited by the County, State, or United States government, in
addition to any certified cost report or audit required by the Service Plan.Any certified cost report or audit required
by the Service Plan shall be submitted to County by Contractor within such period of time as may be expressed by
applicable State or Federal regulations, policies or contracts, but in no event later than 18 months from the
termination date of this Contract. If such audit(s) show that the payments made by County exceed the allowable
costs that have actually been incurred by Contractor under this Contract, including any adjustments made pursuant
to Paragraph 7. (Cost Report and Settlement), then Contractor shall pay to County within 30 days of demand by
Initials: h-.N I- �
County Contractor
Contra Costa County Standard Form 6/90I
PAYMENT PROVISIONS Number.
(Cost Basis Contracts)
County any such excess amount. If such audit(s) show that the allowable costs that have actually been incurred by
Contractor under this Contract exceed the payments made by County, including any adjustments made pursuant to
Paragraph 7. (Cost Report and Settlement), then County agrees to pay to Contractor any such excess amount,
provided that the payments made, together with any such excess payment, may not exceed the contract payment
limit.
9. Audit Exceptions. In addition to its obligations under Paragraph 8. (Audits) above, Contractor agrees to accept
responsibility for receiving, replying to, and/or complying with any audit exceptions by appropriate County, State
or Federal audit agencies occurring as a result of its performance of this Contract. Contractor also agrees to pay to
the County within 30 days of demand by County the full amount of the County's obligation, if any, to the State
and/or Federal government resulting from any audit exceptions, to the extent such are attributable to the
Contractor's failure to perform properly any of its obligations under this Contract.
Initials: 1'� {310
County Contractor
EXHIBIT "A"
CONTRA COSTA COUNT' CULTURAL PLAN
SCOPE OF SERVICES
DEFINITION OF TERMS
1. County Cultural Plan—The written document(herein referred to as `PLAN")that will
result from the planning process and which will include a visual map and a comprehensive
database inventory of arts, cultural, and heritage organizations, facilities, resources, and services
in the County, a needs assessment to determine gaps in services and others resources; an
identification of issues and potential partnership opportunities and funding strategies that may be
explored in the County; quantified"state of the arts and culture in the County,"which measures
economic impact,programs, audience size and composition, artistic discipline, artists,
volunteers, technicians, and administrators; an assessment of arts education programs; a
prioritization of the needs and define solutions to help the Commission develop and implement a
cultural agenda for the County over the next five years.
2. Project--The entire process outlined below in the five phases of the Detailed Work Plan:
Pre-Planning; Fact-Finding and Analysis; a Preliminary Report and Draft PLAN; Review,
Revision and Presentation of the PLAN; and a Follow-up Meeting and Report to update and
monitor progress on implementation of the goals and objectives of the PLAN.
PROJECT APPROACH
The methodology employed by the CONSULTANT will involve Commission board and staff at
all stages of the process and engage a broad constituency in developing strategic partnerships for
solutions. Four basic steps will be involved:
1. Refine the planning process and convene an inclusive planning committee.
2. Conduct the needs assessment research.
3. Analyze the research and identify potential partnership solutions.
4. Develop potential partnership solutions with the planning committee.
1
DETAILED WORK PLAN
PHASE ONE: PRE-PLANNING
A. Conduct initial research, meet with Commission board and staff, and refine the
planning process. The CONSULTANT will review documentation on the County;
available information on its arts, cultural, heritage, and school resources; its current
funding sources; its overall community issues; the Commission's strategic plan; and other
relevant information. The CONSULTANT will hold initial meetings with Commission
board and staff, and with representatives from the six local arts commissions active
within the County, to refine an understanding of the issues and methods of the project,
establish communications protocols, including use of the Commission newsletter and
website, and handle project logistics. In the initial meeting the CONSULTANT will
refine specifics of the research tools and process, and consider how arts community
issues may relate to other quality of life issues, such as the economy, employment,
housing, education,population growth, transportation, and the environment.
B. Convene an inclusive planning committee, in consultation with the Commission
board and staff. The CONSULTANT will identify the membership and role of the
planning committee through consultations with Commission board and staff. The
primary role of the planning committee will be to oversee the research and findings, serve
as a resource for the CONSULTANT, and help develop and implement potential
solutions. The planning committee will also help identify relevant issues; identify
existing arts, cultural, and heritage resources, mailing lists, databases, contact persons
funders, elected officials, schools, and community leaders; and discuss project logistics.
The CONSULTANT will convene at least four meetings of the planning committee.
PHASE TWO: FACT-FINDING AND ANALYSIS
A. Conduct the needs assessment and inventory research,utilizing a comprehensive
written survey, telephone and in-person interviews, focus groups, community meetings,
and existing research data. The CONSULTANT will send the written survey to a
comprehensive list of nonprofit arts organizations, grassroots arts, cultural and heritage
groups, schools, funders, individual artists and other constituents. The CONSULTAND`
will develop this list from existing Commission lists, and lists from municipal arts
commissions, recreation and park programs in the County, local arts organizations,
planning committee members, school districts, service organizations, funders, and
individuals who will know of"hidden" arts resources. The CONSULTANT will carry
out a series of follow up telephone calls and mailings, if necessary, to ensure sufficient
response to the survey. In addition to the written survey, the CONSULTANT will
conduct telephone or in-person interviews with Commissioners, funders, and other
individuals with whom it is appropriate to have a conversation.
B. Analyze the data. The CONSULTANT will quantify the"state of the arts and culture in
the County,"providing measurements of economic impact,programs, organizational
budget size and financial condition, audience size and composition, artistic discipline,
artists, volunteers, technicians, administrators. The CONSULTANT will provide a visual
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map of the artistic and cultural resources of the County, demonstrating the breadth, depth
and geographic distribution of activity to form a baseline profile.
C. Conduct focus groups to identify gaps, issues, and potential partnerships. Utilizing the
statistical and geographic inventory, the CONSULTANT will conduct a series of focus
groups to elicit and develop additional ideas for responses and solutions, including
partnerships. In consultation with the planning committee, the CONSULTANT will
define the number and constituency of the focus groups which should include artists, arts
administrators and municipal arts commissioners; arts educators, education
administrators and arts in education providers; elected officials from each of the 19
municipalities and at the County level; non-arts municipal and County agencies, both
governmental and civic, that are current or potential partners with the arts, such as parks
and recreation departments,juvenile justice departments, libraries and historical societies,
chambers of commerce, and convention and visitors bureaus; key private-sector funders,
including corporations and foundations that provide financial support within the County;
and the interested general public.
PHASE THREE: A PRELIMINARY REPORT AND DRAFT OF THE CULTURAL
PLAN
A. The CONSULTANT will identify the research findings and potential solutions in a
preliminary report and present the report to the planning committee and the
Commission.
B. Modify the membership of the planning committee,if necessary. Once potential
solutions and partnerships have been identified, it may be appropriate to modify the
membership of the planning committee to include community leaders, funders, and
elected officials who may be important to implementation of the PLAN.
C. Develop potential strategies and solutions,including partnerships,with the planning
committee. Once the detailed research and analysis have been completed, the planning
committee will prioritize and develop ideas for inclusion in the PLAN. This step will
help create the conditions for successful implementation and define specific actions to
follow the adoption of the PLAN.
D. The CONSULTANT will conduct a series of focus groups and/or organizational
meetings with potential partners and others relevant to the strategies and solutions
developed in consultation with the planning committee. The planning committee and
the CONSULTANT will agree on the number and constituency of these meetings.
E. Draft the CULTURAL PLAN. The CONSULTANT will prepare a draft of the PLAN
based on the results of the process. The CONSULTANT will circulate the draft PLAN to
the planning committee and other key decision-makers and stakeholders as determined by
the planning committee.
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F. The CONSULTANT will submit one camera-ready original and one bound copy of
the Preliminary REPORT to the Commission.
PHASE FOUR: THE CULTURAL PLAN
A. The CONSULTANT will conduct a meeting with the Commission and the planning
committee to elicit responses to the goals and specific strategies addressed in the
PLAN,including methodology for ensuring that the PLAN remains viable through
time. The Commission,planning committee, and staff will prepare a single, integrated
set of suggested edits to the draft PLAN and provide it to the CONSULTANT, to
facilitate preparation of the final CULTURAL PLAN.
B. Once the plan is revised the CONSULTANT will submit to the Commission a
camera-ready,final CULTURAL PLAN, along with 15 original copies.
C. The CONSULTANT will formally present the CULTURAL PLAN to the
Commission and the County Board of Supervisors. The CONSULTANT will create a
formal"presentation"version of the PLAN to highlight the process, key findings, and
recommendations. The"presentation format"will be used for future presentations to
municipal governments, service organizations, and other interested constituents. Staff
and the CONSULTANT will mutually agree on the format of the"presentation"version,
either a brief written document, overhead slides, or PowerPoint presentation.
PHASE FIVE: FOLLOW-UP MEETING AND REPORT
A. The CONSULTANT will facilitate a follow-up meeting with the Commission and
planning committee approximately nine months after completion of the
CULTURAL PLAN. The intent of the meeting will be to update and monitor progress
on implementation of the goals and objectives of the PLAN, and will be structured to
identify passible barriers to successful implementation, identify new potential
collaborative and partnership opportunities, and determine any future funding,research,
or planning needs.
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EXHIBIT "B'
CONTRA COSTA COUNTY CULTURAL PLAN
SCHEDULE OF COMPENSATION
1. AMOUNT OF COMPENSATION. The COUNTY shall pay compensation not to
exceed$60,000, which amount includes all out-of-pocket expenses incurred by
CONSULTANT, to CONSULTANT for performing and completing all works and
services described in this Agreement.
2. BILLING. At the end of the period for which services are performed or expenses are
incurred under this Agreement, CONSULTANT shall submit an invoice to the COUNTY
at the following address:
ALTS AND CULTURE COMMISSION OF CONTRA COSTA COUNTY
Attn: Margo Cowan, Executive Director
1236 Escobar Street
Martinez, CA 94553
The invoice submitted pursuant to this paragraph shall include a description of services
performed and a report stating the status of completion of tasks as outlined in Exhibit A.
3. TIMELINE/METHOD OF PAYMENT. Payment to CONSULTANT of the
compensation specified in paragraph 1, above, shall be made as follows:
A. COUNTY shall pay CONSULTANT the sum specified below, on or before the 10th
day following the period in which the CONSULTANT performs services during the
term of this Agreement, and as outlined in the following,provided that
CONSULTANT SUBMITS an invoice pursuant to paragraph 2 above, which is
approved by COUNTY:
Upon signing of contract: March, 2000 $10,000
Upon completion of Pre-Planning April, 2000 $10,000
Upon completion of Preliminary Report May, 2000 $10,000
Upon completion of Draft Cultural Plan July, 2000 $15,000
Upon completion of Final Cultural Plan September, 2000 $10,000
Upon acceptance by Board of Supervisors October, 2000 $ 4,000
Upon completion of Follow-Up Meeting June, 2001 $ 1,000
B. Notwithstanding the above, the final payment of$1,000 shall be withheld and paid
to CONSULTANT within thirty(30) days after CONSULTANT completes all
services required under this Agreement and submits a final invoice pursuant to
paragraph 2 above, which is approved by the COUNTY.
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