HomeMy WebLinkAboutMINUTES - 04202004 - C61-C65 TO: BOARD OF SUPERVISORS
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR
DATE: April 20, 2004
SUBJECT: APPROVE and AUTHORIZE the Public Works Director or designee, to execute a contract
amendment with Kathryn Monroy effective January 1, 2004 to increase the payment limit by
$910 to a new payment limit of$28,410 for community programming, Crockett area. (County
_ Service Area P-1 Crockett Funds) (District II) Project No. 7651-6X5188
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I. Recommended Action:
APPROVE and AUTHORIZE the Public Works Director or designee to execute a contract amendment
with Kathryn Monroy effective January 1, 2004 to increase the payment limit by$910 to a new payment
limit of$28,410 for community programming, Crockett area.
II. Fiscal Impact:
There is no impact to the County General Fund. County Service Area P-1 (Crockett) funds will pay
100% of the costs associated with Kathryn Monroy's contract.
:— > :'
Continued on Attachment:X SIGNATURE: "L-1
.rte RECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
v —PPROVE OTHER
SIGNATURE{S
ACTION OF BOklo ON t I t APPROVED AS RECOMMENDED OTHER
V T OF SUPERVISORS
UNANIMOUS{ABSENT I hereby certify that this is a true and correct copy of
AYES: NOES: an action taken and entered on the minutes of the
ABSENT. ABSTAIN: Board of Supervisors on the date shown.
MF_cm � �y f
G:%GrpDa:a\SpDist\$oard Orders12004104-20-04 BO-Kathryn Monro Amendment.doc
ATTESTED:
`f( a
Orig.Div: Public Works(Special Districts)
Contact: >a,c Whan(313-2242) JOHN SWEET , Clerk of the Bo, d of
cc: County Administrator Supervisors and County Administrator
Assesaor
Auditor-Controller
Community Development
County Counsel ,{ { j
Contract Folder By `!�. / ! L! a�,�, Deputy
SUBJECT: APPROVE and AUTHORIZE the Public Works Director or designee to execute a contract
amendment with Kathryn Monroy effective January 1, 2004 to increase the payment limit by
$910 to a new payment limit of$28,410 for community programming, Crockett area. (County
Service Area P-1 Crockett Funds) (District II)Project No. 7651-6X5188
DATE: April 20, 2004
PAGE 2
111. Reasons for Recommendations and Background:
Kathryn Monroy is the Director of the Crockett Community Center and has been a County Contract
employee for approximately 2 years. The County Service Area P-1 Advisory Committee approved and
recommended a$1.50 per hour raise based on her performance.
1V. Consequences of Nejative Action:
Community programming for the County Service Area P-1 (Crockett) will be negatively impacted
without implementation of this payment limit increase.
C"ontra Costa County }4 CONTRACT AMENDMENT/ Number
Standard'Form L-9 •, `.. EXTENSION AGREEMENT Fund/Org# 7651
Revised 2002 (Purchase of Services -Long Form) Account# 2310
Other#
1. Identification of Contract to be Amended.
Number:
Effective Date: April 16, 2003
Department: Public Works Department
Subject: Managerial Services in County Service Area P-1 (Crockett)
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: Kathryn Monroy
Capacity: An Individual
Address: 4890 Milano Way, Martinez, CA 94553
3. Amendment Date. The effective date of this Amendment/Extension Agreement is January 1, 2004.
4. Amendment Specifications. The Contract identified above is hereby amended as set forth in the"Amendment
Specifications" attached hereto which are incorporated herein by reference.
5. Extension of Term. The term of the above described Contract between the parties hereto is hereby extended
from � -_ to , unless sooner terminated as provided in said contract.
6. Payment Limit Increase. The payment limit of the above described Contract between the parties hereto is
hereby increased by$910.00, from$27,500.00 to a new total Contract Payment Limit of$2$,410.00.
7. SiZoatures. These signatures attest the parties` agreement hereto:
COUNTY F CONTRA COSTA CALIFORNIA
BOARD OF SUPERVISORS ATTEST: Clerk of the Board of Supervisors
B �-
Y By
Chairma'nNsignee Deputy
CONTRACTOR.
Name of business en t i Name of business entit z
By _ ,� = BY
(Signaturedf`individual or off er) (Signature of individual or officer)
(Print name and title A, if applicable) (Print name and title B, if applicable)
Mote to CmUsictor.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 S must be that of the secretary or assistant secretary(Civil Code section n90 and Corporations Code Section gig).All signatures
must be acknowledged as set forth on Form L-2-
L-9 (Page 1 of 1)
Contra Costa County APPROVALS/ACKNOWLEDGMENT Number
Standard Form L-2 (Purchase of Services-Long Form)
Revised 2002
APPROVALS
RECOMMENDED BY DEPARTMENT FORM APPROVED
COUNTY COUNSEL
By: By: r'
Design e Dejuty
APPROVED: COUNTY ADMINISTRATOR
Y:
Designee
A> e-c
ACKNOWLEDGMENT
STATE O LIFORT IA )
) ss.
COUNTY OF CO COSTA )
On ,before me, _ -
insert name and title of the offic personally appeared
onally known to me(or proved to me on the basis
of satisfactory evidence)to be the perso whose name is/are subscribed to the within instrument and
acknowledged to me that he/she/they execut the s e in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the p on(s), or the entity upon behalf of which the person(s) acted,
executed the ins
WITNESS MY CIAL SE
(
Seal)
Signature
ACKNOWLEDGMENT(by Corporation,Partnership,or In I
(Civil Code§1189)
L-2 (Page 1 of 1)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
/}
County of th.._ ss.
OlAd
Onbefore me,
Date M:,�adof officer e.g.,"Jane Dae,N ry P 11C.
personally appeared MA M
Names)of signers)
❑personally known to m
X.Proved to me on the basis of satisfactory
evidence
LISA A.DALZIEL to be the persorA whose nameX6/aK
Commission# 1377110 subscribed to the within instrument and
z s Notary Public - California
a acknowledged to me tDa�he)rt
lehfl<executed
Contra Costa County ir
the same in (s auprizedMy Comm.ExpiresSep 28,2006 capacity(i , and
that by s er r
signature on the instrument the peN4`o1ror
the entity upon behalf of which the person
acted, executed the instrument.
jj�j d an oIcnature of Notary
OPTIONAL
Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this tor-n to another document.
Des ription of Attached Document
Title or Ty of Document:
Document Date: Number of Pages:
Signer(s)Other Than ed Above:
Capacity(les) Claimed by ' ner
Signer's Name:
El Individual Top of thumb here i
❑ Corporate Officer Itle(s):
❑ Partner—❑ ' fted ❑General
❑ Attorney-i act
❑ Truste
C Gu ian or Conservator
C her:
i
Signer Is Representing:
0 1999 National Notary Association-9360 De Soto Ave.,P.O.Box 2402-Chatsworth,CA 91313-2402•www.nationainotary.org Prod.No.5907 Reorder:Ca!17oi1--roe 1.800-876.6827
Contra Costa County Number
Standard Form M-1
Revised 2002
QUESTIONNAIRE FOR DETERMINING
INDEPENDENT CONTRACTOR STATUS AND PAYMENT METHOD
All new or renewed 'independent contractors that do not meet IRS or other legal criteria for
independent contractor status must be paid through the payroll system so that employment,
disability and Social Security taxes can be withheld by the County. Please complete the
following questionnaire for each self-employed individual with whom you intend to contract.
(Note: this form does not apply to contracts with corporations, temporary help agencies,
partnerships or established businesses with Taxpayer Identification.numbers).
For completion by Department Head or Authorized Designee.
Yes No
I. Do I, as the employer, have the d]21 to control the hours, ® ❑
place and manner of, and means by which the work will be done?
2. Am I setting the independent contractor's hours?
3. Is the independent contractor restricted from providing ❑ Z
services to other businesses or entities while working for the
County?
4. Do I or other departments have employee(s) with similar ❑ Z
duties as the independent contractor?
5. Does the County supply assistants to the independent ® ❑
contractor?
6. Does the County furnish training, tools, equipment or place of ® ❑
work to the independent contractor?
7. Is the individual prohibited from subcontracting out his or her
services (as opposed to performing them personally)?
A"yes" answer to any of the above questions will require paying the contractor through
the payroll system.
CONTRACTOR APPROVAL: PREPARED BY:
I certify that the answers to the above questions
accurately reflect my anticipated X `x
working relationship with the County. � —
i' REVIEWED P OVED BY:
Contractors signature JXL
Department Head f1AUto ed Designee
Contractor's Name (printed)
Form M-1 (Page 1 of 1)
BOARD OF SUPERVISORS
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR
DATE: April 20, 2004
SUBJECT: APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract with
Kathryn Monroy in the amount of $33,000 to provide community programming and support
services for County Service Area P-1 Crockett Community Center, for the period April 16, 2004
through April 30, 2005, Crockett area. (County Service Area P-1 Crockett Funds) (District II)
=ect# 7651-6X5188
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I. Recommended Action:
APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract with
Kathryn Monroy in the amount of$33,000 to provide community programming and support services for
County Service Area P-1 Crockett Community Center, for the period April 16, 2004 through April 30,
2005, Crockett area.
11. Fiscal Impact:
There is no impact to the County General Fund. County Service Area P-1 (Crockett) funds will pay
100% of the costs associated with Kathryn Monroy's contract.
Continued on Attachment-XSIGNATURE:
-&,-RECOMMENDATION OF COUNTY ADMINISTRATOR
—RECOMMENDATION OF BOARD COMMITTEE
4,—*PPROVE OTHER
SIGNATURE(
ACTION OFB(/ARA ON� APPROVED AS RECOMMENDED
OTHER
OF SITJp ERVISORS
UNANIMOUS(ABSENT
AYES: NOES:
ABSENT: ABSTAIN:
I hereby certify that this is a true and correct copy of
MF:cm an action taken and entered on the minutes of the
G:\GrpData\SpDist\[3oard Orders\2004\04-20-04 BO-Kathryn Monroy.doc Board of Supervisors on the date shown.
Orig.Div:Public Works(Special Districts)
Contact: Eric Whan(313-2242) rs
cc: County Administrator
Assessor ATTEST
ED��,�---"'UA)L/
Auditor-Controller JOHN SWEET9N,Clerk of the Bdard of
Community Development
County Counsel Supervisors and County Administrator
Kathryn Monroy
Contract Folder
Contract Binder
,ByDeputy
& I -z7L1
SUBJECT: APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract with
Kathryn Monroy in the amount of $33,000 to provide community programming and support
services for County Service Area P-1 Crockett Community Center, for the period April 16, 2004
through April 30, 2005, Crockett area. (County Service Area P-1 Crockett Funds) (District 11)
Project# 7651-6X5188
DATE: April 20, 2004
PAGE: 2
111. Reasons for Recommendations and Background:
Kathryn Monroy is the Director of the Crockett Community Center and has been a County Contract
employee for approximately 2 years. Her services are needed for the provision of community
programming.
IV. Consffluences of Negative Action:
Community programming for the County Service Area P-1 (Crockett) will be negatively impacted
without a contract for these services.
CoriZra Costa County 'STANDAR CONTRACT Number
Standard Form L-1 t (Purchase of Services - Long Form) Fund/Org# 7651
Revised 2002 Account # 2310
Other #
1. Contract Identification.
Department: Public Works Department
Subject: Managerial Services in County Service Area P-1 (Crockett)
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: Kathryn Monroy
Capacity: An Individual
Address: 4890 Milano Way, Martinez, CA 94553
3. 'Perm. The effective date of this Contract is April 16.2004. It terminates on April-10,2005 unless
sooner terminated as provided herein.
4. Payment Limit. County's total payments to Contractor under this Contract shall not exceed
$ 33.000.00.
5. Count'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 Oblitions. 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. Pro'ect. This Contract implements in whole or in part the following described Project, the
application and approval documents of which are incorporated herein by reference:
Service Plan
L-1 (Page 1 of 2)
Conga Costa County STANDARD CONTRACT Number
Standard Form L-1 (Purchase of Services - Long Form)
Revised 2002
g. Legal Authority. This Contract is entered into under and subject to the following legal
authorities:
Government Code Section 31000
lo. Signatures. These signatures attest the parties' agreement hereto:
COUNTY OF CONTRA COSTA, CALIFORNIA.
BOARD OF SUPERVISORS ATTEST: Clerk of the Board of Supervisors
. i
By c/ By
Chairman/lTe-sioiee Deputy
CONTRACTOR
Name of business entity Name of business entity
By
(Nrgnatxrvo77r vItral010111tcA�j By
V, Signature of indi-v4dual or effieer)
1 r..
(Print name and title A, if applicable)
(Print name and title B, if applicable) '
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
1190 and Corporations Code Section 313). All signatures must be acknowledged as set forth on Form L-2.
L-1 (Page 2 of 2)
Contra Costa County APPROVALS/AC)KNOWLEDGMENT Number
Standard Form L-2 (Purchase of Services- Long Form)
Revised 2002
APPROVALS
RECOMMENDED BY DEPARTMENT FORM APPROVED
COUNTY COUNSEL
By: By: "J,
Y'Designe D utWy
APPROVED: COUNTY ADMINISTRATOR
B
Designee
ACKNOWLEDGMENT
STATE O ALIFORNIA }
) ss.
COUNTY OF C -'TRA COSTA )
On before me,
insert name and title of the icer),personally appeared
person y known to me(or proved to me on the basis
of satisfactory evidence)to be the erson(s)whose name(s) is a subscribed to the within instrument and
acknowledged to me that he/she/the xecuted the same i vs/her/their authorized capacity(ies), and that by
his/her/their signature(s)on the instrum t the person , or the entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS MY HAND AND F IAL SEAL.
(Seal)
Signature
ACKNOWLEDGMENT(by Corporation,Partnership, Individual)
(Civil Code§1189)
L-2 (Page 1 of 1)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
(� 1
i
State of California
ss.
County of
r f 1
"64
(
( OntAOi VKiN�[before me, `
DateNam of Officer(e.g.,"Jane Doe,N ry Pubtie"
personally appeared
L
Ili
Names)of Signer(s)
❑personally known to m
proved to me on the basis of satisfactory
evidence
LISA A.DAL 1EL
Commission# 1377110 to be the person whose namJ&
..� • Notary Public - Callfornio subscribed to the within instrument and
Contra Costa County acknowledged to me0/1101�.auqtrti,
executed
My Comm,Expires Sep 28,2006 the same in zedcapacity(1�, and that by �signatureXon the instrument the pers . or
the entity upon behalf of which the person
acte xecuted the instrument p
E'S may hand and fftci eat.
Signature of Note
Y'
OPTIONAL
Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Desc • tion of Attached Document
'title or Type o cument:
Document Date: Number of Pages:
Signer(s)Other Than Named Ab
Capacity(les) Claimed by Si r
;
Signer's Name: �
❑ individual Top of thumb here 1
❑ Corporate icer—Title(s):
❑ Partne ❑ Limited ❑General
❑ A ey-in-Fact
❑ rustee
uardian or Conservator
❑ Other:
Signer Is Representing:
0 1999 National Notary Association•9350 Do Soto Ave.,PO.Box 2402•Chatsworth,CA 91313-2402•www.nationa!notary.org Prod.No.5907 Reorder:Call Tolf-Free 1-800-876.5827
....................................................................................
SERVICE PLAN
Contractor shall work approximately 32 hours per week (more or less) at a rate of
$16.00per hour as Director at the Crockett Community Center. In addition, two hundred
(200) hours annually (in addition to the approximate 32 hours per week) is allocated for
the contractor to represent the Crockett Community Center, County Service Area P-1
and/or Contra Costa County, Public Works at activities such as meetings, training,
seminars andlor special events. The additional two hundred (200) hours is also paid at
a rate of $16.00 per hour with prior approval by the Citizens Advisory Committee for
County Service Area P-1 (Crockett).
A. Facility Programs and Rentals
1) Develop, coordinate and schedule recreational classes and special events
for the community.
2) Initiate and coordinate advertising and program promotion literature and
press releases.
3) Publicize, promote, book and manage all rentals of the Crockett
Community Center.
4) Execute and approve all rental agreements.
5) Enforce program policies and rules.
6) Ensure that all program participants receive and sign the Release From
Liability form and that a copy of said form is forwarded to Contra Costa
County Public Works Department when executed.
7) Ensure that each class session roll is taken on forms approved by the
Contra Costa County Public Works Department.
8) Respond when the alarm system is tripped.
9) Negotiate with and secure the services of qualified personnel to provide
instruction in a wide variety of community classes, seminars and/or
workshops.
10) Provide oral presentations before civic and fraternal organizations, clubs
and at public meetings.
11) Respond to programmatic and rental inquiries from the public.
Initials:
Contractor Co ept.
Page 1 of 4
SERVICE PLAN
B. Facility Maintenance
1} Ensure that the facility is in good working order and resolve all operational
difficulties (i.e., repairs, safety issues).
2) Order and maintain a stock of supplies (i.e. office, janitorial, program etc.).
3) Oversee the delivery of grounds maintenance services at the Community
Center and ensure that the grounds surrounding the Community Center
are maintained in a clean and safe condition at all times.
4) Immediately notify the Contra Costa County Public Works Department of
any unsafe or dangerous conditions or equipment.
5) Report all accidents, incidents and/or injuries that occur on the premises
on the appropriate Contra Costa County forms and submit to the Contra
Costa County, Public Works Department within 24 hours of the
occurrence.
6) Contact the appropriate emergency resources in case of an emergency.
7) Oversee the janitorial staff/service at the Community Center and ensure
that the Community Center is maintained in a clean and safe condition at
all times.
C. Resorting and Record keeping
1} Mandatory attendance is required at the monthly County Service Area P-1
(Crockett) Citizens Advisory Committee meetings and other meetings as
determined by the Citizens Advisory Committee and/or the Contra Costa
County Public Works Department.
2) Prepare and distribute minutes of the Citizens Advisory Committee
meetings to members of the Citizens Advisory Committee and the Contra
Costa County Public Works Department at least three (3) days prior to the
next regular meeting.
3) Prepare and provide monthly written programmatic reports (that include
statistical and narrative documentation) to the Citizens Advisory Committee
and Contra Costa County Public Works Department, as requested, in a
format determined and approved by the Public Works Department.
;f
Initials:
Contractor *CouDevt.
Page 2 of 4
SERVICE PLAN
4) Prepare and provide budget reports regarding revenues and expenditures
for the community centers' programs, events and rentals, as requested by
either the Citizens Advisory Committee or Contra Costa County, Public
Works.
5) Prepare and submit all Demand forms (form #D15.11) and deposit
Permits (form #0334), (accompanied with original receipts and back-up
documentation), in a timely fashion (minimally every 2-4 weeks).
6) Report to the Citizens Advisory Committee all complaints received and
steps taken to resolve those complaints.
7) Maintain, keep current and make available to the public, upon request, the
archive file of all minutes of the Citizens Advisory Committee for County
Service area P-1 (Crockett) meetings.
6) Make entries into, and be responsible to maintain and keep current, the
Community Centers' Daily Log Book.
9) Ensure that the Community Centers' Daily Log Book is available to review
by the members of the Citizens Advisory Committee and the Contra Costa
County Public Works Department.
10) Prepare, maintain and keep current, the Community Centers' Equipment
Inventory List and the Material Safety Data Sheets' (MEDS) binder in
accordance with the standards and guidelines established by the Contra
Costa County Public Works Department and the Auditor/Controllers'
Office; and
11) Perform other duties as required by the Citizens Advisory Committee for
County Service Area P-1 (Crockett) and the Contra Costa County Public
Works Department.
Initials:
Contractor Co ty ept.
Page 3 of 4
SERVICE FLAN
CONTRACT COMPUTATION
32 hours per week @ $16.00 per hour = $ 512.00 per week
52 weeks x $512.00 per week = $ 26,624.00 per year
200 hours @ $16.00 per hour = $ 3,200.00 per year
$26,624.00 hours annually @ approximately 32 hours/week
+ 3,200.00 200 hours annually
$29,824.00 Subtotal
$ 1,849.09 FICA @ 6.20%
1,410.68 Workers Comp @ 4.73%
+ 55.20 Unemployment Insurance @ .1851%
$ 3,314.97 Total Benefits
$ 29,824.00 Hours
+ 3,314.97 Benefits
$ 33,138.97 TOTAL ANNUAL CONTRACT AMOUNT
G:\GrpData\SpDist\Contracts\Monroy Service Pian 2004-2005
Initials:
Contractor CO Dept.
Page 4of4
...............................
Contra Costa County PAYMENT PROVISIONS Number
Standard Form P-1 (Fee Basis Contracts - Long and Short Form)
Revised 2002
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. $16.00 per unit, as defined in the Service Plan, or
❑ c. $ after completion of all obligations and conditions herein.
❑ d. Other:
2. Payment Demands.Contractor shall submit written demands for payment on County Demand Form D-15 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 payment demands by the head of the County Department for which this
Contract is made, or his designee, County will make payments as specified in Paragraph 1. (Payment
Amounts)above.
3. Penalty for Late Submission. If County is unable to obtain reimbursement from the State of California as a
result of Contractor's failure to submit to County a timely demand for payment as specified in Paragraph 2.
(Payment Demands)above,County shall not pay Contractor for such services to the extent County's recovery
of funding is prejudiced by the delay even though such services were fully provided.
4. Right to Withhold. County has the right to withhold payment to Contractor when,in the opinion ofCounty
expressed in writing to Contractor, (a) Contractor's performance, in whole or in part, either has not been
carried out or is insufficiently documented, (b) Contractor has neglected, failed or refused to furnish
information or to cooperate with any inspection, review or audit of its program, work or records, or (c)
Contractor has failed to sufficiently itemize or document its demand(s) for payment.
5. Audit Exceptions. Contractor agrees to accept responsibility for receiving,replying to, and/or complying
with any audit exceptions by appropriate county, state or federal audit agencies resulting from its
performance of this Contract. Within 30 days of demand, Contractor shall pay County the full amount of
County's obligation,if any,to the state and/or federal government resulting from any audit exceptions,to the
extent such are attributable to Contractor's failure to perform properly any of its obligations under this
Contract.
Initials:__ �' r
Contractor C ty Dept.
Form P-1 (Page 1 of 1)
Contra Costa County Number
Standard Form L-4
Revised 2002 SPECIAL CONDITIONS
(Purchase of Services - Long Form)
1. Withholding and FICA Deductions. Notwithstanding Paragraph 14 of the
General Conditions,for purposes of withholding state and federal taxes and Social
Security only from payments due,the Auditor-Controller will make deductions for these
purposes. Contractor is not a County employee. Contractor further understands that
County has no obligation to provide, and Contractor will not be provided fringe benefits,
including but not limited to,vacation, sick leave, retirement, and health plan coverage.
The County will provide worker's compensation coverage and unemployment insurance
if County has the right to control the way in which Contractor's work is done.
2. Insurance. Paragraph 1g (Insurance) of the General Conditions is hereby deleted
in its entirety and replaced with the following paragraph:
4619. Automobile Insurance. During the entire term of this Contract and any
extension or modification thereof, Contractor shall keep in effect a policy or
policies of motor vehicle liability insurance for any use Contractor makes of
a private automobile in the performance of this Contract, as required by
State law. Not later than the effective date of this Contract, Contractor shall
provide County with a certificate(s) of insurance evidencing the above
liability insurance."
Form L-4 (Page 1 of 1)
Contra Costa County GENERAL CONDITIONS
Standard Form L-5 (Purchase of Services-Long Farm)
Revised 2003
1. Compliance with Law. Contractor shall be subject to and comply with all applicable federal, state and local laws
and regulations 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. 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 County,the
Secretary of Health and Human Services,or the Comptroller General,or any of their duly authorized representatives,
this Contract and books,documents,and records of Contractor 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, the Secretary, the Comptroller General, or any of their duly
authorized representatives, the subcontract and books, documents, and records of the subcontractor necessary to
verify the nature and extent of all costs and charges thereunder.
This special condition is in addition to any, and all other terms regarding the maintenance or retention of records
under this Contract and is binding on the heirs, successors, assigns and representatives of Contractor.
4. Reporting Requirements. Pursuant to Government Code Section 7550,Contractor shall include in all documents or
written reports completed and submitted to County in accordance with this Contract,a separate section listing the numbers
and dollar amounts of all contracts and subcontracts relating to the preparation of each such document or written report.
This section shall apply only if the payment limit under this Contract exceeds $5,000.
5. Termination and Cancellation.
a. Written Notice. This Contract may be terminated by either party,in its sole discretion,upon thirty-day advance
written notice thereof to the other, and may be cancelled immediately by written mutual consent.
L-5 (Page 1 of 6)
Contra Costa County GENERAL CONDITIONS
Standard form L-5 (Purchase of Services-Long Form)
Revised 2003
b. Failure to Perform. County, upon written notice to Contractor, may immediately terminate this Contract
should Contractor fail to perform properly any of its obligations hereunder. In the event of such termination,County
may proceed with the work in any reasonable manner it chooses. The cost to County of completing Contractor's
performance shall be deducted from any sum due Contractor under this Contract,without prejudice to County's rights
to recover damages.
c. Cessation of Funding. Notwithstanding Paragraph 5.a. above, in the event that federal, state, or other non-
County funding for this Contract ceases,this Contract is terminated without notice.
6. Entire Agreement. This Contract contains all the terms and conditions agreed upon by the parties. Except as
expressly provided herein,no other understanding,oral or otherwise,regarding the subject matter of this Contract shall be
deemed to exist or to bind any of the parties hereto.
7. Further Specifications for Operating Procedures. Detailed specifications of operating procedures and budgets
required by this Contract,including but not limited to,monitoring,evaluating,auditing,billing,or regulatory changes,may
be developed and set forth in a written Informal Agreement between Contractor and County. 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. Informal Agreements may not enlarge in any manner the scope of this Contract,
including any sums of money to be paid 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 its designee.
8. Modifications and Amendments.
a. General Amendments. This Contract may be modified or amended by a written document executed by
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 Contractor and the County Administrator (or
designee), subject to any required state or federal approval,provided that such administrative amendment may not
materially change the Payment Provisions or the Service Plan.
9. Disputes. Disagreements between County and Contractor concerning the meaning,requirements,or performance of
this Contract shall be subject to final written determination 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.
L-5 (Page 2 of 6) *CouDept.Initials:
Contractor
..........................................................................................
Contra Costa County GENERAL CONDITIONS
Standard Form L-5 (Purchase of Services-Long Form)
Revised 2003
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 County indicating 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 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 termsand conditions of this Contract.
13. Subcontract and Assignment. This Contract binds the heirs,successors,assigns and representatives of Contractor.
Prior written consent of the County Administrator or his designee, subject to any required state or federal approval, is
required before the Contractor may enter into subcontracts for any work contemplated under this Contract,or before the
Contractor may assign this Contract or monies due or to become due,by operation of law or otherwise.
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 there by this Contract to influence any governmental
decision in which they know or have reason to know they have 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.
L-5 (Page 3 of 6) '
Initials: `' }-
.w
Contractor Co Dept.
Contra Costa County GENERAL CONDITIONS
Standard Form L-5 (Purchase of Services-Long Form)
Revised 2003
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,ethnic background,disability,or sexual
orientation, and that none shall be used, in whole or in part, for religious worship or instruction.
18. Indemnification. Contractor shall defend,indemnify,save,and hold harmless 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 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 County or its officers or
employees. Contractor will reimburse County for any expenditures, including reasonable attorneys' fees, County may
make by reason of the matters that are the subject of this indemnification, and, if requested by County,will defend any
claims or litigation to which this indemnification provision applies at the sole cost and expense of Contractor.
19. Insurance. During the entire term of this Contract and any extension or modification thereof,Contractor shall keep
in effect insurance policies meeting the following insurance requirements unless otherwise expressed in the Special
Conditions:
a. Liability Insurance. For all contracts where the total payment limit of the contract is $500,000 or less,
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 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 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 Contractor's insurance policy or policies. For all contracts where the
total payment limit is above $500,000, the aforementioned insurance coverage to be provided by Contractor shall
have a minimum combined single limit coverage of$1,000,000,and Contractor shall be required to provide County
with a copy of the endorsement making the County an additional insured on all general liability, worker's
compensation, and, if applicable, all professional liability insurance policies as required herein no later than the
effective date of this Contract.
b. Workers' Compensation. 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 Contractor shall include a provision for
thirty(30)days written notice to County before cancellation or material change of the above specified coverage.
L-5 (Page 4 of 6)
Initials: ``-Ff` '?
Contractor Co iity'Dept.
Contra Costa County GENERAL CONDITIONS
Standard Form L-5 (Purchase of Services-Long Form)
Revised 2003
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 County shall be addressed to the head of the county department for which this
Contract is made. Notices to 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
County shall be the date of receipt by the head of the county department for which this Contract is made.
21. Primay 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 neve contract following
expiration or termination of this Contract, and waives all rights or claims to notice or hearing respecting any failure to
continue purchasing all or any such services from Contractor.
23. Possessory Interest. If this Contract results in Contractor having possession of,claim or right to the possession of
land or improvements,but does not vest ownership of the land or improvements in the same person, or if this Contract
results in the placement of taxable improvements on tax exempt land (Revenue & Taxation Code Section 107), such
interest or improvements may represent a possessory interest subject to property tax,and Contractor may be subject to the
payment of property taxes levied on such interest. Contractor agrees that this provision complies with the notice
requirements of Revenue&Taxation Code Section 107.6,and waives all rights to further notice or to damages under that
or any comparable statute.
24. No Third-Party Beneficiaries. Notwithstanding mutual recognition that services under this Contract may provide
some aid or assistance to members of the County's population, it is not the intention of either 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,County reserves the right to copyright,and Contractor agrees not to copyright, such material. If the
material is copyrighted,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.
L-5 (Page 5 of 6)
Initials: ru
Contractor 4CouDept.
Contra Costa County GENERAL CONDITIONS
Standard Form L-5 (Purchase of Services-Long Form)
Revised 2003
Notwithstanding the foregoing, Contractor may express its views on products to other contractors, the Board of
Supervisors, County officers, or others who may be authorized by the Board of Supervisors or by law to receive such
views.
27. Required Audit. (A)If Contractor is funded by$500,000 or more in federal grant funds in any fiscal year
ending after December 31, 2003 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. (B)If Contractor is funded by less than $500,000 in federal grant funds in any fiscal year ending after December
31,2003 from any source, but such grant imposes specific audit requirements; Contractor shall provide to County an
audit conforming to those requirements. (C) If Contractor is funded by less than $500,000 in federal grant funds in
any fiscal year ending after December 31,2003 from any source, Contractor is exempt from federal audit
requirements for
that year,however,Contractor's records must be available for and an audit may be required by, appropriate officials
of the federal awarding agency, the General Accounting Office(GAO),the pass-through entity and/or the County. If
any such audit is required, Contractor shall provide County with such audit. With respect to the audits specified in
(A), (B)and(C) above, Contractor is solely responsible for arranging for the conduct of the audit, and for its cost.
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.
28. Authorization. Contractor, or the representative(s) signing this Contract on behalf of Contractor, represents and
warrants that it has full power and authority to enter into this Contract and perform the obligations herein.
L-5 (Page 6 of 6) �; ;-
Initials: `'
Contractor Cou Dept.
Contra Costa County Number
Standard Form M-1
Revised 2002
QUESTIONNAIRE FOR DETERMINING
INDEPENDENT CONTRACTOR STATUS AND PAYMENT METHOD
All new or renewed independent contractors that do not meet LRS or other legal criteria for
independent contractor status must be paid through the payroll system so that employment,
disability and Social Security taxes can be withheld by the County. Please complete the
following questionnaire for each self-employed individual with whom you intend to contract.
(Note: this form does not apply to contracts with corporations, temporary help agencies,
partnerships or established businesses with Taxpayer Identification numbers).
For completion by Department Head or Authorized Designee.
Yes No
1. Do I, as the employer, have the right to control the hours,
place and manner of, and means by which the work will be done?
2. Am I setting the independent contractor's hours?
3. Is the independent contractor restricted from providing
services to other businesses or entities while working for the
County?
4. Do I or other departments have employee(s)with similar ❑ Z
duties as the independent contractor?
5. Does the County supply assistants to the independent
contractor?
6. Does the County furnish training, tools, equipment or place of Z El
work to the independent contractor?
7. Is the individual prohibited from subcontracting out his or her Z M
services(as opposed to performing them personally)?
A"yes" answer to any of the above questions will require paying the contractor through
the payroll system.
CONTRACTOR APPROVAL: PREPARED BY:
I certify that the answers to the above questions
accurately reflect my anticipated X "
working relationship with the CountyU L11
.
j '�') REVII✓ D APPROV D BY:
X - -
Contracto6r's signature X
Department Head or11W"fiAdtesignnec
Contractor's Name (printed)
Form M-1 (Page 1 of 1)
TO: BOARD OF SUPERVISORS ;r CONTRA
FROM: BARTON J. GILBERT, DIRECTOR OF GENERAL SERVICES COSTA
DATE: APRIL 20, 2004 , COUNTY
,ls
SUBJECT: APPROVE THE FIFTH AMENDMENT TO THE CONSULTING SERVICES
AGREEMENT WITH DANIEL L. RAIN'EY, ARCHITECT FOR THE
REMODELING OF 3811 BISSELL AVENUE, RICHMOND FOR THE PUBLIC
DEFENDER (WH462B)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION
1. APPROVE the Fifth Amendment, in the amount of $22,334, to the Consulting Services
Agreement dated June 4, 2002, with Daniel L. Rainey, Architect, for additional architectural
services for the Remodeling of 3811 Bissell Avenue, Richmond for the Public Defender. The
Fifth Amendmentincreases the scope of services and increases the payment limit from
$134,998
to $157,332.
2. AUTHORIZE the Director of General Services, or designee, to execute the Fifth Amendment to
the Consulting Services Agreement and to issue written authorizations for extra work, in addition
to the authorization for the Fifth Amendment, provided that the cumulative total cost for such
additional authorizations shall not exceed $14,400.
FINANCIAL IMPACT
This project is being funded through the Contra Costa County Public Financing Authority Lease
Revenue Bonds, 2402 Series A and B. There are sufficient funds appropriated in the plant
acquisition budget (4405-4462) to pay for the additional architectural services for this project.
BACKGROUND
Since 1478, the County has leased approximately 3,644 square feet on the second floor at 3811
Bissell Avenue, Richmond for the Public Defender. Can December 4, 2441, the Board of Supervisors
approved the acquisition of this building for the consolidation of the Public Defender's West County
offices. The subject project includes the remodeling of the first floor, installation of an elevator,
replacement of the heating and air conditioning system, ADA improvements, electrical system
upgrades, and building seismic upgrades. Upon completion of the project, the Public Defender will
terminate the rental agreement for office space at 3747 Bissell Avenue, Richmond and consolidate its
West County offices into 3811 Bissell Avenue, Richmond. 4
CONTINUED ON ATTACHMENT: X YES SIGNATURE:
W#A+
COMMENDATION OF COUNTY ADMINISTRATOR —RECOMMENDATION OF BOARD COMMITTEE
A _X_WROVE OTHER
SIGNATURES
Q) �—.,�;
ACTION OF B Rjl ON,; !N! - 1 " y"�}l APPROVED AS RECOMMENDED ` OTHER
tt }t
VOTE.OF SUPERVISORS
r' UNANIMOUS(ABSENT
AYES: NOES:
ABSENTS: ABSTAIN:
MEDIA CONTACT:BARTON J.GILBERT(313-7100)
Originating Dept.:General Services Department I HEREBY CERTIFY THAT THIS IS A TRUE
CC: General Services Department AND CORRECT COPY OF AN ACTION TAKEN
Capital Projects Management Division AND ENTERED ON THE MINUTES OF THE BOARD
Accounting OF SUPERVISORS ON Tk1�DA',,SHOWN
CPM File: 135-01011A.1.1
135-0101/A.5 ATTESTED /t (� '✓ r `` --{1
County Administrator's Office JOS WEETEN,CLERK OFA THE BOARD OF SUPERVISORS
�
County Counsel ..
A F5 COUNTY ADMINISTRA`rOR
Auditor Controller '
Probation Department(via CPM) BY
Daniel L.Rainey,Architect(via CPM) " DEPUTY
H:1200111350101101#001129b.doc EW:tb Page 1 of 2 M382(10188)
APPROVE THE FIFTH AMENDMENT TO THE April 20, 2004
CONSULTING SERVICES AGREEMENT WITH DANIEL
L. RAINEY, ARCHITECT FOR THE REMODELING OF
3811 BISSELL AVENUE, RICHMOND FOR THE PUBLIC
DEFENDER (WH462B)
The First Amendment increased the scope of services to provide additional services for
communications engineering, elevator engineering, and hazardous materials abatement consulting
services. The First Amendment also added $2,500 for reimbursable expenses.
The Second Amendment provided a detailed feasibility and cost analysis for a proposed inter-building
conduit connection between 3811 Bissell Avenue and 100 37th Street, Richmond and increased the
reimbursable limit an additional $150.
The Third Amendment increased the scope of services to prepare construction documents and
provide construction contract administration for the inter-building conduit connection.
The Fourth Amendment increased the scope of services for preparation of design changes, contract
documents, and additional cost estimates; attendance at meetings and evaluation of bids.
The Fifth Amendment increases the scope of services to provide additional architectural/engineering
services to address County requested changes and undisclosed site conditions.
File: 135-0101/A.1.1
FIFTH AMENDMENT TO CONSULTING SERVICES AGREEMENT
FOR REMODELING OF 3811 BISSELL AVENUE,RICHMOND
FOR THE PUBLIC DEFENDER
(WH462B)
I. Effective Date and Parties: Effective April 20, 2004, Daniel L. Rainey, Architect (herein called "Consultant"), a Sole Proprietorship, and the
County of Contra Costa(herein called"County"),a political subdivision of the State of California,mutually agree as follows:
2. Purpose: On June 4, 2002, the parties entered into a contract entitled "Consulting Services Agreement," referred to as the "Agreement," which
covers the Remodeling of 3811 Bissell Avenue,Richmond for the Public Defender. The Agreement has previously been amended as follows: First
Amendment dated .lune 11, 2002, Second Amendment dated July 8, 2002, Third Amendment dated September 19, 2002 and Fourth Amendment
dated June 3,2003. The parties desire to further amend the Agreement to expand the scope of service and to increase the payment limit accordingly.
3. Amendments to Aereement:
A. In the Agreement, Section i(c), change the Payment Limit from$134,998 to$157,334, an increase of$22,334. This change shall apply to
charges from and after December 17,2003.
B. In accordance with Section 14 of the Agreement provide the following:
Increase the scope of services to provide additional architectural/engineering services to address County requested changes and undisclosed
site conditions.
4. Effect:
Subject to the revisions made by this and any prior amendments,the Agreement shall remain in full force and effect.
S. Signature:
These signatures attest the parties'agreement hereto:
PUBLIC AGENCY CONSULTANT
By: Date: Type of business:
Barton J.Gilbert (Designate type—corporation,sole proprietorship,partnership,
Director of General Services/Purchasing Agent partnership,government agency,limited liability company,etc.)
If corporation,state of incorporation:
By:
Title:
(Designate official capacity in the business)
By:
Title:
(Designate official capacity in the business)
Note to Consultant: For corporations,the contract must be signed by two officers. The first signature must be that of the chairman of the board,president
or vice-president; the second signature must be that of the secretary, assistant secretary, chief financial officer or assistant treasurer. (Civ. Code, Sec.
1190 and Corps.Code,Sec.313.) The acknowledgment below must be signed by a Notary Public.
..................................................................................................................................................................................................
CERTIFICATE OF ACKNOWLEDGMENT
State of California }
} ss
County of }
On the date written below,before me,the undersigned Notary Public,personally appeared the person(s)signing above for Consultant,personally known
to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument
the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument.
WITNESS my hand and official seal.
Dated:
[Notary's Seal] Notary Public
RECOMMENDED FOR APPROVAL:
By APPROVED AS TO FORM:
Director,Capital Facilities&Debt Management SILVANO B.MARCHESI
County Counsel
By:
Deputy
EW:tb
IIA2001\1350101\01I001130a.doc page 1 of I
TO: BOARD OF SUPERVISORS CONTRA
FROM: BARTON J. GILBERT, DIRECTOR OF GENERAL SERVICES I � COSTA
DATE: APRIL 20, 2004 OUNTY
SUBJECT: APPROVE THE THIRD AMENDMENT TO THE CONSULTING SERVICES AOREEMEN WITH ALAN
JUDSON AND ASSOCIATES FOR THE ONE STOP EMPLOYMENT SERVICE MODULAR BUILDING ON
THE CAMPUS OF INDEPENDENCE HIGH SCHOOL, AT THE CORNER OF FIRST & PINE STREETS,
BRENTWOOD FOR THE EMPLOYMENT& HUMAN SERVICES DEPARTMENT(WH243B)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION
I. APPROVE the Third Amendment, in the amount of $3,350, authorizing extra work under the Consulting
Services Agreement dated October 21, 2002, with Alan Judson and Associates of Oakland for printing
and other reimbursable costs for the One Stop Employment Service Modular Building project on the
campus of Independence High School, at the corner of First & Pine Streets, Brentwood. The Third
Amendment increases the Payment Limit from $55,450 to $58,800.
2. AUTHORIZE the Director of General Services, or designee, to execute the Third Amendment to the
Consulting Services Agreement and to issue written authorizations for extra work, in addition to the
authorization for the Third Amendment, provided that the cumulative total cost for such additional
authorizations shall not exceed $2,500.
FINANCIAL IMPACT
Funding for this project is from the Contra Costa County Public Financing Authority Lease Revenue Bonds,
2003 Series A.
BACKGROUND
On October 21, 2002 the Director of General Services approved a consulting services agreement with Alan
Judson and Associates for architectural services which included programming and schematic design services
for construction of a modular building for the One Stop Employment office on the campus of Independence
High School, at the corner of First & Pine Streets, Brentwood.
The First Amendment changed the Completion Date from December 7, 2002 to Completion of Construction.
The Second Amendment increased the scope of services to include additional architectural and engineering
services including preparation of construction documents and administration through the bidding and
construction phases of the project.
This Third Amendment adds to the payment limit to include printing and other reimbursable costs and
increases the reimbursable limit.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
�!: €RECOMMENDATION OF COUNTY ADMINISTRATOR -RECOMMENDATION OF BOARD COMMITTEE
APPROVE -OTHER
SIGNATURE(S):
ACTION OF BOAROO ` } z °� APPROVED AS RECOMMENDED OTHER
� r s
i
VOTE"OF SUPERVISORS
fi �r
UNANIMOUS(ABSENT
AYES: NOES: '
ABSENTS: ABSTAIN:
MEDIA CONTACT:BARTON J.GILBERT(313-7100)
Originating Dept.:General Services Department I HEREBY CERTIFY THAT THIS IS A TRUE
cc: General Services Department AND CORRECT COPY OF AN ACTION TAKEN
Capital Projects Management Division AND ENTERED ON THE MINUTES OF THE BOARD
Accounting OF SUPERVIS RS ON THE DATE SHOWN.
CPM File: 315-0301/A.1.1
315-0301/A.5 ATTESTED # �s
County Administrator's Office JOHN WEETEN,CLERK OF TME BOARD OF UPERVISORS
County Counsel AI iD 6OUNTY ADMINISTRATOR
Auditor Controller
Employment
p yment&Human Services Department(via CPM} By ,��,_.�.�.��_� s'% � �-�!�.,•,•,_.,,��''• ,DEPUTY
Alan Judson&Associates(via CPM) *�
H:\2003\3160301\03E001022b.doc SJ:tb Page 1 of 1 M382(10188)
File:315-0301/A.1.1
THIRD AMENDMENT TO CONSULTING SERVICES AGREEMENT
FOR THE ONE STOP EMPLOYMENT SERVICE MODULAR BUILDING
ON THE CAMPUS OF INDEPENDENCE HIGH SCHOOL,
AT THE CORNER OF FIRST&PINE STREETS, BRENTWOOD
FOR THE EMPLOYMENT&HUMAN SERVICES DEPARTMENT
(WH243B)
I. Effective Date and Parties: Effective April 20, 2004, Alan Judson and Associates (herein called "Consultant"), a Sole Proprietorship, and the
County of Contra Costa(herein called"County"),a political subdivision of the State of California,mutually agree as follows:
2. Purpose: On October 21,2002,the parties entered into a contract entitled"Consulting Services Agreement,"referred to as the"Agreement,"which
included programming and schematic design services for construction of a modular building for the One Stop Employment on the campus of
Independence High School,at the corner of First&Pine Streets,Brentwood for the Employment&Human Services Department. The Agreement
has previously been amended as follows:First Amendment dated July 14,2003 and Second Amendment dated August 5,2003. The parties desire to
further amend the Agreement to cover printing and other reimbursable costs not included in the original agreement.
3. Amendments to Agreement:
A. In the Agreement, Section 1(c),change the Payment Limit from$55,450.00 to$58,800.00,an increase of$3,350.00. $850.00 of this increase
is for reimbursable costs not included in the original agreement. $2,500.00 of this increase is for printing costs required for bid sets. This
change shall apply to charges from and after February 18,2004.
& In Appendix B, Paragraph F, increase the reimbursement limit, as previously amended under the Second Amendment from $1,200.00 to
$3,700.00 to cover printing casts required for bid sets.
4. Effect:
Subject to the revisions made by this and any prior amendments,the Agreement shall remain in full force and effect.
S. Sienature:
These signatures attest the parties'agreement hereto:
PUBLIC AGENCY CONSULTANT
By: Date: Type of business:
Barton J.Gilbert (Designate type—corporation,sole proprietorship,partnership,
Director of General Services/Purchasing Agent partnership,government agency,limited liability company,etc.)
If corporation,state of incorporation:
By:
Title:
(Designate official capacity in the business)
By:
Title:
(Designate official capacity in the business)
Note to Consultant: For corporations,the contract must be signed by two officers. The first signature must be that of the chairman of the board,president
or vice-president; the second signature must be that of the secretary, assistant secretary, chief financial officer or assistant treasurer. (Civ. Code, Sec.
1190 and Corps.Code,Sec. 313.) The acknowledgment below must be signed by a Notary Public.
..................................................................................................................................................................................................
CERTIFICATE OF ACKNOWLEDGMENT
State of California )
} ss
County of }
On the date written below,before me,the undersigned Notary Public,personally appeared the person(s)signing above for Consultant,personally known
to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument
the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument.
WITNESS my hand and official seal.
Dated:
[Notary's Seal] Notary Public
RECOMMENDED FOR APPROVAL:
By: APPROVED AS TO FORM:
Director,Capital Facilities&Debt Management SILVANO B.MARCHESI
County Counsel
By:
Deputy
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H:12003\3150301103E001023a.doc Rev.8/4103 page I of I
TO: BOARD OF SUPERVISORS A :w
Contra
Costa
FROM: John Cullen, Director County
Employment and Human Servic s epartment1
DATE: March 24,2004
SUBJECT: APPROVE and AUTHORIZE the Employment and Human Services Director,or designee,to
EXECUTE a contract with Catholic Charities of the East Bay(#21-855-1)in an amount not to
exceed$175,000 for Transitional Housing Program services for the period November 1, 2003
through June 30, 2004.
SPECIFIC REQUEST(S)OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RF,COMMF,NDF,D AC:[ION:
APPROVE and AUTHORIZE the Employment and Duman Services Director, or designee,to EXECUTE a
contract with Catholic Charities of the East Bay(#21-855-1) in an amount not to exceed$175,000 for
Transitional Housing Program services for the period November 1, 2003 through June 30, 2004.
FINADJCIAI,IMPACT:
$175,000: 60%($105,000)—Fundraised from private sources by Catholic Charities; 40%($70,004)—State
Department of Social Services.No Net County Costs.
BACKGROUND!
On June 4, 2002 (Item C.97),the Board authorized the Employment and Human Services Department(EHSD)
to contract with.Catholic Charities of the East Bay(CCEB),to raise matching funds to provide transitional
housing and other support services to emancipated foster youth. This contract, initially funded by 100%Federal
Temporary Assistance to Needy Families (TANF) funds, ended after June 30, 2003. While there were not TANF
funds available to renew the contract with CCSB,the organization was successful in raising private foundation
funds to enable the transitional housing program(THP)to continue. AB427 enabled the State to announce the
availability of THP-Plus funds to counties who were interested in providing transitional housing services to
emancipating foster youth. EHSD submitted a plan that was approved by the State and CCSB was certified as a
THP-plus provider effective November 2003. The State program offers counties,through the California
Department of Social Services (DSS), 40%reimbursement of their transitional housing program costs for
emancipated foster youth. So far, nine counties have been approved to participate in this program. With the
approved plan, EHSD is able to utilize the private foundation funds raised by CCEB as the required 60%match.
To date, CCSB has raised$105,000 in private foundation fiends,namely from: Walter S. Johnson Foundation,
United Way of the Bay Area, and Firedoll Foundation. These funds represent the required 60%match and will
thus enable CCSB to expand total program budget to a maximum of $175,000. Under the state program.,DSS
will fund 40°lo (or$70,000)of the program. costs while CCSB will provide the mandated 60%non-federal
county match, as legislatively required. This Board Carder will authorize EHSD, through a contract with CCSB,
to participate in the State's THP-plus. Participation in this State program will allow EHSD to claim a portion of
the costs of transitional housing services to emancipated foster youth, ultimately providing for the ability to
expand these vital services.
CONTINUED ON ATTACHMENT: YES SIGNATURE.
s::'RkCOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
,—APPROVE OTHER
SIGNATURES.`
ACTION OF BgAR ON . . x `. APPROVED AS RECOMMENDED _ OTHER
VOTE OF SUP6VI SORS
i r /13 I HEREBY CERTIFY THAT THIS IS A TRUE
`�..UNANIMOUS(ASSENT '? `' ...—_ _) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN:__ __-- OF SUPERVISq IS ON THE DATE SHOWN
ATTESTED
iSWEETEN,CLERK OF THE BOARD OF
SUI3ERVISORS AND COUNTY ADMINISTRATOR
contact: DANNA FABELLA 3-1583
EHSD(CONTRACTS UNIT)-VM
COUNTY ADMINISTRATOR BY � � .��'..�� � � - -{ h �,DEPUTY
AUDITOR-CONTROLLER
CONTRACTOR
Employment and Human Services
Contracts and Grants Unit
40 Douglas Drive
Martinez , CA 94553
March 24, 2004
TO: Dorothy Sansoe, County Administrator's Office
FR: Victoria Mejia, EHSD Contracts Unit
Ext. 3-1514
RE: Justification to Backdate Catholic Charities contract
Enclosed is a Board Order seeking authorization to execute a contract with Catholic
Charities of the East Bay (CCSB) for transitional housing services to foster youth
effective Nov. 1,2003—June 30, 2004. The following are the circumstances that will
explain why the contract needs to be backdated:
1. EHSD established a contract with CCEB last year to develop transitional housing
program(THP) services to emancipated foster youth. The contract was initially
funded by 100%Temporary Assistance to Needy Families (TANF) funds, which
were only good through June 30, 2003. Although no other funding was available
for EHSD to renew this contract, CCEB was successful in raising private
foundation funds to enable them to continue THP services.
2. In the meantime,the State (through AB427)announced the availability of THP-
Plus funds to counties who were interested in providing THP services to foster
youth who are on the brink of emancipation. EHSD, in collaboration with CCEB,
submitted a THP plan to the State, which was approved effective Nov. 1, 2003.
CCEB became a State-certified THP provider effective that date. So far, only 9
counties have been approved to participate in this State program.
3. Under the State's THP-Plus Program,the State Department of Social Services
(DSS) will fund 40% of the County's program costs, while the County will
provide the mandated 60%non-federal county match. To date, CCEB has raised
$105,000 from private sources/foundations, namely: Walter S. Johnson
Foundation, United Way of the Bay Area and Firedoll Foundation. These funds
will represent the County's 60%required non-federal match, and will thus enable
the County to have a maximum THP program cost of$175,000. DSS will provide
the 40%or$74,004.
4. Because this is such a new program, little direction has been given by the State to
participating counties on how to do the claiming of funds. Alameda County just
recently started their claiming and EHSD now has a model to follow. Although
the State approved our plan effective Nov. 1, 2403, it is only now that EHSD is
able to put together the mechanics for claiming the THP-Plus funds. Our contract
with CCEB needs to be backdated effective Nov. 1, 2003 in order for EHSD to
begin claiming effective that date. Please note that this contract has no cost to the
County. The contract simply provides a means to claim the State THP-Plus
dollars available to EHSD.
I hope this memo has satisfactorily justified the need to backdate the contract with
CCEB. Thank you for your consideration and please feel free to call me if you need
additional information.
Cc: Debi Moss, Contract Program Person
Kelly Flanagan, County Counsel