HomeMy WebLinkAboutMINUTES - 04062004 - C71-C75 TO: BOARD OF SUPERVISORS Contra
FROM: Leslie T. Knight, Director of Human Resources
Costa
DATE: April 6, 2004
SUBJECT: Employee Health and Welfare Benefits Consulting Services County
Contract Amendment and Extension
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOLAMENDATION:
AUTHORIZE THE DIRECTOR OF HUMAN RESOURCES or designee to execute a contract
amendment and extension with Mellon Human Resources & Investor Solutions (formally known as
Bock Consultants) in the amount of$140,000 for the period June 1, 2004 through May 31, 2006 for
the purpose of providing employee health and welfare benefits consulting services.
BACKGROUND:
Over the past several years, the County has utilized the contractual services of Mellon Human
Resources & Investor Solutions (Mellon) in the development and implementation of specific benefit
programs, ongoing annual reviews of benefit programs, and consultation services on this
interpretation of new State and Federal laws as they pertain to employee benefits. To provide for a
continuation of these services, Mellon has agreed to extend the contract an additional two (2) years
at the current fees. Mellon is already familiar with County policies and all benefit programs and their
associated costs, which will be beneficial for the County In order to complete ongoing consultation
services and to prepare for the upcoming labor negotiations.
FISCAL. IMPACT:
Extending the contract with Mellon, with the current fee structure for the same level of consulting
services, will save the County from increased consulting fee costs over the next two years as
consulting fees have increased at an estimated compound rate of 5% since the start of this
contract. In addition, the County would save the costs associated with soliciting new proposals from
consulting firms and the potential internal costs to educate a new firm, if selected, on the County's
policies and programs.
Program costs for these services will be paid from the Benefits funds that receive revenues from
monthly premiums charged to County Departments. The premium charges are reviewed annually
by the County Administrator's Office and the Human Resources Department to establish premiums
required to cover the cost of these programs. - 1/
CONTINUED ON ATTACHMENT: YES SIGNATURE:
---,.--,RECOMMENDATI N OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTE`
APPROVE OTHER
SIGNATURE(S): s
�.. _- ---- ---------------- ---__ __..�. - - - ---
ACTION OF BOy. ON SII, 6's2004 APPROVE AS RECOMMENDED X _ w OTHER
VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE
AND CORRECT COPY OF AN ACTION TAKEN
X UNANIMOUS(ABSENT NONE } AND ENTERED ON THE MINUTES OF THE
BOARD OF SUPERVISORS ON THE DATE
AYES: NOES: SHOWN,
ABSENT: ABSTA#N:
ATTESTED APPTT, 6. 2M4
CONTACT: JOHN SWEETEN,CLERK OF THE
BOARD OF SUPERVISORS AND
C9UNTY ADMINISTRATOR
CC: Human Resources Department(6-1747) BY
County Counsel DEPUTY
Auditor-Controller
Benefits service Unit,Human Resources Department
Contra
h; Costa
County
?sq 6 f
TO: BOARD OF SUPERVISORS III
FROM: Dennis M. Barry, AICP
Community Development Director
DATE: April 6, 2004
SUBJECT: CONTRACT AMENDMENT WITH DARWIN MYERS ASSOCIATES FOR GEOLOGIC
CONTRACT SERVICES (Contract # 33999-00)
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
APPROVE and AUTHORIZE the Community Development Director, or designee,to execute a
contract amendment with Darwin Myers Associates effective April 7, 2004 to increase the
payment limit by$ 25,000 to a new payment limit of$110,000 to provide geologic services,
with no change in the term through June 30, 2004.
FISCAL IMPACT
None. All costs are covered by fees charged to applicants.
BACKGROUND/REASONS FOR RECOMMENDATIONS
Darwin Myers Associates provides geotechnical review services for land use projects requiring geology
reports or where topographical or geological concerns are present. Community Development uses contract
planning services to augment/decrease staff needs in relation to rises/declines in economy that affect work
flow. The work provided by Darwin Myers Associates includes performing initial CEQA assessment and
geotechnical issues,reviewing geology reports submitted by applicants, reviewing grading plans and
providing guidance on other geotechnical issues.
CONTINUED ON ATTACHMENT: YES SIGNATURE _
_RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD
COMMITTEE
_,�e"PROVE OTHER
SIGNATURE(S) :
ACTION OF BAA ON AMM6. 20()4 APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
X UNANIMOUS (ABSENT NM 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.
Orig: Raymond Wong (92 5) 335-1282 ATTESTED AMM 6 2004
CC: Community Development Department
Carol Ramirez, Auditor-Controller JOHN SWEETEN, ' CLERK OF
County Administrator THE BOARD OF SUPERVISORS
AND C�QUNTY ADMINISTRATOR
BY " '?` r / ' *� DEPUTY
TO: BOARD OF SUPERVISORS Contra
FROM: CARLOS BALTODANO
Costa
DIRECTOR, BUILDING INSPECTION Counly
Sra r
DATE: APRIL 6, 2004
SUBJECT: CONTRACT FOR PROFESSIONAL TITLE SEARCH SERVICES
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
APPROVE and Authorize the Director of Building Inspection to execute a contract with ATR,
LLC in an amount not to exceed $70,000.00 for the purpose of providing preliminary title
searches, appraisals and abatement reports for the Property Conservation Division. The
contract term is effective January 1, 2004 and expires December 31, 2005.
FISCAL IMPACT
None. No general funds or department funds are utilized.
The cost is initially covered by the Neighborhood Preservation Program through its Community
Development Block Grant(CDBG)funds and later reimbursed to the program by the loan
recipient when the loan is repaid.
BACKGRQUN'D/REASONS FOR RECOMMENDATIONS
The Building Inspection Department receives a CDBG allocation each fiscal year. The
Neighborhood Preservation Program received$400,000 for the fiscal year 2003-2004.
The primary objective of the Neighborhood Preservation Program is to make available a financial
assistance mechanism by which low-income homeowners are assisted in:
• The elimination of conditions that are detrimental to health, safety and public welfare, by
rehabilitation, demolition, or removal.
• The development of viable communities by providing decent housing and a suitable living
environment in the community principally for persons of low and very low income.
• The elimination of slums and blighting influences causing the deterioration of property
and neighborhoods.
• The stabilization and enhancement of older neighborhoods.
The contractor researches properties to determine the property's description, title information,
market value and any negative activities that may be recorded against the property.This service
provides information that enables the program staff to make informed decisions to adequately
secure loans.
On September 2, 2003, the Neighborhood Preservation Program mailed out 67 bid notices to
title companies. Three companies responded and ATR, LLC was the lowest responsive bidder.
Their winning bid included $110 for the title search, $150 for appraisals and $35 for updating the
title search prior to loan execution for a total of$295 per property. ATR, LLC is a small business
enterprise.
CONTINUED ON ATTACHMENT: X SIGNATURE
_,,-RECOMMENDATION of COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
,--APPROVE OTHER
SIGNATURE S
a."e'--
ACTION OF SO D PN AMM 6. 700+ APPROVED AS RECOMMENDED X._._OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
X UNANIMOUS(ASSENT I ) AND CORRECT COPYOF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE
ABSENT: ABSTAIN: BOARD OF SUPERVISORS ON THE DATE
SHOWN.
Contact: Anil Comelo(925)335-1155
ATTESTED:APRIL
cc: County Administrator John Sweeten,Clerk of the Board of supervisors
County Counsel and Co ty Administrator
7
BY l< .- .�L'�.DEPUTY
r Contra
, .. Costa
County
TO: BOARD OF SUPERVISORS :- ` ff$ILL
G.. l
FROM: Dennis M. Barry,AICD
Community Development Director
DATE: April 6, 2004
SUBJECT: CONTRACT WITH SPONAMORE ASSOCIATES TO PREPARE AN ENVIRONMENTAL
REVIEW DOCUMENT FOR THE COUNTY PUBLIC SAFETY BUILDING (Contract#
C48693-00)
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
APPROVE and AUTHORIZE the Community Development Director, or his designee, to
execute a contract with Sponamore Associates in the amount of $85,000 to provide
environmental impact report review for a proposed County Public Safety Building and related
improvements at the intersection of Glacier and Muir Drives, Martinez, for the period April 7
through December 31, 2004. (Budgeted, Plant Acquisition) (District 11)
FISCAL IMPACT
This is a County project and is funded by the Sheriff s Capital Facilities Fund.
BACKGROUND/REASONS FOR RECOMMENDATIONS
The Sheriff's Department is proposing the construction of a new County Public Safety
Building adjacent to the County Public Works Building at Glacier Drive. The building will be
a three-story structure which will have a total of 84,000 gross sq. ft. with partial basement of
32,000 sq. ft. Additionally, a detached 3-story parking structure with an additional level of
below grade with a total of 107,000 gross sq. ft. The proposed main building will constitute of
a 188-seat lecture hall, a situation room to coordinate County response to emergencies, several
departments of the Sheriff-Coroner, including the Sheriff-Coroner's executive staff, locker
rooms for building occupants and emergency personnel, conference and training rooms, and
food service area. The proposed facility will consolidate space currently occupied by the
sheriff-Coroner at 651 Pine Street, 500 Court Street, the Emergency Operations Center on
Glacier Drive, and leased space at 823 Marina Vista in Martinez. The Environmental review
will consider extension proposals from the Public Works Department as well.
CONTINUED ON ATTACHMENT: X YES SIGNATI:�RE'��/
RECOMMENDATION OF COUNTY ADMINISTRATOR—RECOMMENDATION OF BOARD
COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON jytyL 6,. 2M4 APPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
UNANIMOUS (ABSENT N= 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.
Orig: Raymond Wong(925) 335-1282 ATTESTED Amm Vis, 7.1304
cc: Community Development Department
Carol Ramirez,Auditor-Controller JOHN SWEETEN,CLERIC OF
County Administrator THE BOARD OF SUPERVISORS
Planner: Telma Moreira 335-121.7 AND COUNTY ADMINISTRATOR
BY' z: ''`� EPUTY
The Contra Costa County Community Development Department will be the lead agency in preparing
the environmental review for this project. Sponamore Associates has been chosen to assist the County with
the preparation of the environmental review of the project.
............................................................................................................................................................................
..................................................
TO: BOARD OF SUPERVISORS Contra
FROM: Michael G. Ross, Animal Services Director
Costa
DATE: April 6, 2004
SUBJECT: Contract for Administrative Support Services Ci r
SPECIFIC REQUEST($)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
APPROVE and AUTHORIZE the Animal Services Director, or designee, to execute a contract
with Susanne Beadle in an amount not to exceed $45,000 to provide consulting services
during the preparation and move to new facilities and subsequent change in administration,
for the period April 1, 2004 through September 30, 2004.
FINANCIAL IMPACT:
Budgeted
BACKGROUND:
The proposed contractor is a retiring County employee who has provided administrative
services to the department for the past seven years. The contractor shall provide consulting
services in the areas of information technology, human resources, finance, and other duties
as assigned. The information technology management will include but not be limited to
working with the Chameleon system and Crystal Reports. A contract is needed to provide
adequate and as necessary on-call technical services, to ensure the integrity of the
department's IT systems. A contract is required due to delays in moving into the new Shelter
facilities because of delays in completion of those buildings, further complicated by the timing
of previously planned retirements in that department.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
-------——----------------------------------------------------—-------------—------------------—-— -—------------
-,--KECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDAT610� ��a
F BOARD COMMITTEE
�_r 15PROVE OTHER
SIGNATURE(
ACTION OF AR ON APRIL APPROVE AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE
AND CORRECT COPY OF AN ACTION TAKEN
X UNANIMOUS(ABSENT NOM AND ENTERED ON THE MINUTES OF THE
BOARD OF SUPERVISORS ON THE DATE
AYES: NOES: SHOWN.
ABSENT: ABSTAIN:
ATTESTED A6
200&
E
CONTACT: JOHNS' EETEN,CLERK OF THE
BOARD OF SUPERVISORS AND
COUNTY ADMINISTRATOR
CC: Animal Services
CAO
Purchasing
By
,DEPUTY
.........................................................................................................................I.....................................................
. ....................... ................... , , . .. . .................................................................
Contra Costa County STANDARD CONTRACT Number
Standard Form L-1 (Purchase of Services- Long Form) Fund/Org# 3330
Revised 2002 Account # 2310
Other #
1. Contract Identification.
Department: Animal Services Department
Subject: Animal Services Administration and Consultation
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: Susanne Beadle
Capacity: Independent Contractor
Address: 31 W Hayward Ct, Martinez CA 94553
3. Term. The effective date of this Contract is Marchg1,2004. It terminates on September 30,2004
unless sooner terminated as provided herein.
4. Payment Limit. County's total payments to Contractor under this Contract shall not exceed
$ 411,000-00.
5. County's Obligations. County shall make to the Contractor those payments described in the
Payment Provisions attached hereto which are incorporated herein by reference, subject to all the
terms and conditions contained or incorporated herein.
6. Contractor's Obligations. Contractor shall provide those services and 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. se
, This Contract implements in whole or in part the following described Project, the
application and approval documents of which are incorporated herein by reference:
Not Applicable
L-1 (Page 1 of 2)
........................I...........................................................................................................................................................
....... . . ............................................
Contra Costa County STANDARD CONTRACT Number
Standard Form L-1 (Purchase of Services- Long Form)
Revised 2002
9. Legal Authority. This Contract is entered into under and subject to the following legal
authorities:
California Government Code Section 26227 and 31000 and 45 CFR Section 13oo, et seq.
lo. Signatures. These signatures attest the parties' agreement hereto:
COUNTY OF CONTRA COSTA, CALIFORNIA
BOARD OF SUPERVISORS ATTEST: Clerk of the Board of Supervisors
B�y �� By
airman Mes D puty
CONTRACTOR
Name of businqentity Name of business entity
By
%,1U%i1aLWa-V kii Inuiviuum V1 VIIIL'ul) By(
of indMdital or effieer)
(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 he
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/ACKNOWLEDGMENT Number
Standard Form L-2 (Purchase of Services- Long Form)
Revised 2002
APPROVALS
RECOMMENDED BY DEPARTMENT FORM APPROVED
COUNTY COUNSEL
a41,A-,
Designee v Deputy
APPROVED: COUNTY ADMINISTRATOR
BY: Er_e-.O�
Designee
ACKNOWLEDGMENT
STATE OF CALIFORNIA )
} ss.
COUNTY OF CONTRA COSTA )
OnZ-4�'A –d —,before
insert name and title of the officer), personally appeared A p
rsonally known to me (or proved to me on the basis
of satisfactory evidence)to be the person{ whose name(*Ware subscribed to the within instrument and
acknowledged to me that hq�g/they executed the same in hisQ)/their authorized capacity;,and that by
his(!g/their signatureoiton the instrument the person, or the entity upon behalf of which the personog>acted,
executed the instrument.
WITNESS MY HAND AND OFFICIAL SEAL.
.. tl�tS E�U
(Seal) ,� COMM, 1350678
x NOTARY PUBLIC•CALiFORN1A
i at e y '' Y CON7fRA COSTA COUNTY «.
My Comm.Expires Ma 6,2006
NT( Partnership,or Individual)
(Civil Code§1189)
L-2 (Page 1 of 1)
Service Plan
The Contractor (Sue Beadle) shall provide administrative consulting services
in the areas of information technology, human resources, and finance.
Services for information technology management shall include but are not
limited to working with the Chameleon system and Crystal Reports. Other
consulting services provided by the Contractor shall include preparing for
and moving into new facilities, and other duties as assigned by the Animal
Services Director and mutually agreed upon by the Contractor and the
Animal Services Director.
Initials r
(Contractor) (County)
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. $ per unit, as defined in the Service Plan, or
❑ c. $ after completion of all obligations and conditions herein.
® d. Other: See .Attached
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 las 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 of County
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.
1
Initials: �5— A
Contractor County Dept.
Form P-1 (Page 1 of 1)
.................11.............-.................................................................................-I''',''''
...............................................................................
Payment Provisions
The cost of providing the professional services as described in the attached
Service Plan shall be on an hourly basis. The hourly rate will be billed at
$70.00 per hour. The total cost of the contract shall not exceed $45,000.
Contra Costa County Number
Standard Form 1A
Revised 2002 SPECIAL CONDITIONS
(Purchase of Services-Long Form)
1. Withholding and FICA Deductions. Notwithstanding Paragraph 14 of the General
Conditions of the Standard Contract, 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. 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. Indemnification. Paragraph 18 (Indemnification) of the General Conditions is hereby
deleted in its entirety.
3. Insurance. Paragraph 19(Insurance) of the General Conditions is hereby deleted in its
entirety and replaced with the following paragraph:
"19. Insurance.
1. 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, naming the County and its officers and employees as
additional insureds, for any use Contractor makes of a private automobile in the
performance of this Contract, as required by State law, in amounts not less than:
(1) $100,000 for personal injury to, or death of one person;',
(2) $.300,000 for injury to, or death of, two or more persons, per occurrence;
and
(3) $100,000 for property damage.
2. Insurance Certificate. Not later than the effective date of this Contract,
Contractor shall provide County with a certificate(s) of insurance evidencing the
above liability insurance. The policies shall include a provision for thirty(30)days
written notice to County before cancellation or material changeof the above-
specified coverage."
Form 1,4(Page 1 of 1)
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........ .............. .......... ......... ......... ......... ......... ......... ......... ..............._. .
_. _... ._ _........ ......... . ........ .........
Contra Costa County GENERAL CONDITIONS
Standard Form L-5 (Purchase of Services-Long Form)
Revised 2402
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 theirduly
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.
L-5 (Page 1 of 6)
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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.
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 Qperating 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 forthin 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 Ad-
ministrator(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 Lave 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.
L-5 (Page 2 of 6)
__ __
Contra Costa County GENERAL CONDITIONS
Standard Form L-5 (Purchase of Services-Long Form)
Revised 2002
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 GeneralConditions, 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 terms and 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 them 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.
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L-5 (Page 3 of 6)
Contra Costa County GENERAL CONDITIONS
Standard Form L-5 (Purchase of Services-Long Form)
Revised 2002
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 harmlessCounty 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. 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.
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.
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1.,-5 (Page 4 of 6)
Contra Costa County GENERAL CONDITIONS
Standard Form L-5 (Purchase of Services -Long Form)
Revised 2002
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. 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 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 pub dorsing a product as long as the
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L-5 (Page 5 of 6)
Contra Costa County GENERAL CONDITIONS
Standard Form L-5 (Purchase of Services -Long Form)
Revised 2002
Contractor's presence in the advertisement can reasonably be interpreted as an endorsement of the product by or on
behalf of Contra Costa County. Notwithstanding the foregoing, Contractor may express its views on products to
other contractors, the Board of Supervisors, County officers, or others who may be authorized by the Board of
Supervisors or by law to receive such views.
27. Required Audit. (A)If Contractor is funded by$300,000 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. (B)If Contractor is funded
by less than$300,000 in federal grant funds in any fiscal year 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$300,000 in federal grant funds in any fiscal year 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.
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