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HomeMy WebLinkAboutMINUTES - 04052005 - C104-C108 _So TO. BOARD OF SUPERVISORS *,. , Contra � ,i FROM: MAURICE M. SHIU,PUBLIC WORKS DIRECTOR Costa Aril 5 2005 DATE: p _ County C01- SUBJECT: APPROVE and AUTHORIZE the Public Works Director,or designee,to execute a contract amendment with David L.Oates&Associates,Countywide area.(All Districts)Project No.0651-61081 C,6LO82B& various others SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION RECOMMENDED ACTION: APPROVE and AUTHORIZE the Public works Director or designee to execute a contract amendment with David L. Gates&Associates, effective April 1,2005 to increase the payment limit by$75,000 to a new payment limit of $425,000 and extend the term from April 1, 2005 to March 31, 2006 for the provision of landscape architectural services, countywide area. (All Districts) FISCAL IMPACT: There is no impact to the County General Fund. Services are paid by developer fees and through various Special Districts. CONTINUED ON ATTACHMENT: El SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER oe SIGNATURES -e�-'-Ioo-- "1004, ACTION OF BO APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON UNANIMOUS(ABSENT ) MINUTES OF THE BOARD OF SUPERVISORS ON THE AYES: ES: DATE SHOWN. ABSENT: ABSTAIN: Orig.Div. Public Works Department(Special Districts) Contact: Eileen Doten(313-2253) MF:DE:sr ATTESTED G-\GrpData\SpDist\Board Orders\2005-Board Orders\04-05-05 BO gates Assoc.doc C% cc: County Administrator JOFP SWEETEN,CLERK OF HE BOARD OF Assessor SUE VISORS Auditor-Controller Community Development County Counsel By: ,DEPUTY Contract Folder M.Fong,Sp. Dist. CONSULTING SERVICES AGREEMENT Number AMENDMENT AGREEMENT Fund/Org# Account# 1. Identification of Contract to be Amended. Other#0651- Number: 6L081&6L082B Consulting Services Agreement with David L. Gates & Associates Effective Date: April l, 2002 Department: Public Works Department Subject: Countywide Landscape Architectural Services 2. Parties. The County of Contra Costa, California(County), for its Department named above, and the following named Consultant mutually agree and promise as follows: Consultant Name: David L. Gates & Associates Capacity: Corporation Address: 2440 Tassajara Lane Danville, CA 94626 3. Amendment Date. The effective date of this Contract Amend ment/Extension Agreement is April 1., 2005. 4. Amendment SP cifications. The Contract identified above is hereby amended as follows: I. Extension of Term H. Amendment Payment Limit 5, Extension of Term. The term of the above-described Contract between the parties hereto is hereby extended from April 1. 2005,to March 31, 2005 unless sooner terminated as provided in said contract. C. Amendment Payment Limit. Increase the payment limit by$75,000 from $360,000 to the new total payment limit of$425, 00. 7, Signatures. These signatures attest the parties' agreement hereto: COUNTY OF CONTRA COSTA,-CALIFORNIA CONSULTANT Public Agency Consultant By (1) B Ma Shiu A 0 'u rint na e) Public rks Director or Designee M7 A {Sit, jia:tj3t , r6 and business c achy} RECOMMENDED FOR APPRO L (2) By�t-, OA FOR APaPROV L By, (print name) 7: Eileen Doten Special Districts Coordinator j/� .. CSignature nd business capacity) Note to Contractor:For corporations(profit or nonprofit),the contract must be signed by two officers. Sig ure 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 a Corporations Code Section 313). All signatures must be acknowledged as set forth on page two. G:\GrpData\SpDist\Contracts\Gates&Associates\Amendment 1-05 Page 1 of 2 .t CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State OPTIONAL SECTION County of CAPACITY CLAIMED BY SIGNER On Vj before me,(_1 �)rV1f3qnvy_,fc_L Though statute does not require the Notary to fill DATE E,TITLE OF OFFI*R E. .,"JANE DOE, i4�TARYPUBLIC' in the data below,doing so may prove invaluable personally appeared �* to persons relying on the document. _4r azvl NWE(S)OF SIGNERS) ❑ INDIVIDUAL 0 personally known to me-OR- proved to me on the basis of satisfactory evidence to ❑ CORPORATE OFFICER(S) be the person(s)whose name(s)i.%V0r'e_ TITLE(S) subscribed to the within instrument1me la _ML Am-Waboda acknowledged to me that he/shpAV6y­) ❑ PARTNER(S) 11 LIMITED executed the same in his/her/ I CAROL DIANE STE GENERAL PANOVICH authorized cap'd`city(ies�and ftr6ly Commission#1348738 his/he it * natur (44 on the instrument n ATTORNEY-IN-FACT < z t, - n TRUSTEE(S) the p bn(-)or h entity upon behalf of Z Notary Public—Califomia z prs.., S Z Contra Costs County > dh he perso ed,executed the o GUARDIAN/CONSERVATOR UPIWYCam.ExpirmApr 25,2006 s t. ment. n OTHER: W _95W_ NESS and offici e SIGNER IS REPRESENTING: (NAME OF PERSON(S)OR ENTITY(IES)) IGNATURE OF NO OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document TO THE DOCUMENT AT RIGHT. Number of Pages Though the data below is not required by law,it may prove valuable Date of Document to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above re-attachment of this form INSTRUCTIONS TO NOTARY The following information is provided in an effort to expedite processing of the documents. Signatures required on documents must comply with the following to be acceptable to Contra Costa-County. 1. FOR ALL SIGNATURES -The name and interest of the signer should be typed or printed BENEATH the signature. The name must be signed exactly as it is typed or printed. 11. SIGNATURES FOR INDIVIDUALS-The name must be signed exactly as it is printed or typed. The signer's interest in e property must be stated. Ill. SIGNATURES FOR PARTNERSHIPS-Signing party must be either a general partner or be authorized in writing to have the authority to sign for an lnd the partnership. IV. SIGNATURES FOR CORPORATIONS ocuments should be signed by two o cers, one from each of the following two groups: GROUP 1. a The Chair of the Board b The President c Any Vice-President GROUP 2. aThe Secretary b An Assistant'Secretary c The Chief Financial Officer Idl The Assistant Treasurer If signatu s of officers from each of the above two groups do not appear on the instrument,a certified copy of a resolution of .copy the Board of Directors authorizing the person signing the instrument to execute instruments of the type in question is required. A currently valid power of attorney, notarized, will suffice. Notarization of only one corporate si, nature or signatures from only one roup, must contain the following phrase: " and acknowledged to me that suc9 corporation executed the within instrument pursuant to its by-laws or a resolution of its ...and of Directors." JC:MW .......... 081 Page 2 of 2 TO: BOARD OF SUPERVISORS '' . �'•,• o ntr i a � Costa CARLOS BALTODANO, DIRECTOR N`'''"` �` ' MOM: � _�o •� BUILDING INSPECTION DEPARTMENT County" , DATE: March 29, 2005 SUBJECT: CONTRACT FOR REFRIGERATORS/MICROWAVES FOR THE STATE OF CALIFORNIA WEATHERIZATION PROGRAM SPECIFIC REQUEST(S) OR RECOrMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMNDATIONS: APPROVE AND AUTHORIZE the Building Inspection Director, or designee to execute a contract with Standards of Excellence in an amount not to exceed $100, 000, for the period of April 15, 2005 through April 15, 2007, for the purchase and installation of appliances, under the auspices of the County' s Weatherization Program. FISCAL IMPACT: None. All costs will be reimbursed by the State of California Weatherization Program. BACKGROUND/REASONS FOR RECOMMENDATIONS: The Department' s goal is to utilize all the grant funds that have been made available to the County. Grant funds are provided by the State' s Energy program. Maximizing the utilization of available funds would help improve the quality of dwellings in Contra Costa County. These funds are targeted to low-income residents, in order to help lower their energy expenses. Specifically, the funds are used to install hot water heaters, heaters, stoves, refrigerators, microwaves, florescent light bulbs, weather-stripping, attic insulation, switch and plug gaskets, and water heater blankets. In order to increase the production level and maximize utilization of these available funds, the Department decided to increase its use of outside contractors. The Department solicited bids from 22 contractors, and received bids from 2 firms. Standards of Excellence was the lowest responsible bidder. CONTINUED ON ATTACHMENT: / YES SIGNATURE: RECOrMENDATION OF COUNTY ADMINISTRATOR RECOb1MENDATION OF BOARD COMMITTEE APP OT SIGNATURE(S) : ACTION OF BO N <11,10, 52!ela T low- APPROVED AS RECOMMENDED OTHER 00 VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS ABSENT AND CORRECT COPY OF AN ACTION TAKEN AYE.4: NOES: AND ENTERED ON THE MINUTES OF THE ABSENT: AB IN: BOARD OF SUPERVISORS ON THE DATE SHOWN. ATTESTED cc: Building Inspection Department JOHN SWEETEN, CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR J s h BY G DEPUTY Contra To. Board of Supervisors Costa From: Glenn E Howell Director of Animal Services : -�4County STA-CpUIz'1"� Date: March 22, 2005 Subject: Contract for Administrative Support Services RECOMMENDATIONS: APPROVE and AUTHORIZE the Animal Services Director, or designee, to execute an amended contract with Susanne Beadle, to increase the payment limit by $12,000 for a total payment limit of $122,000 and to extend the terms of the contract from April 1, 2005 to April 30, 2005 to provide consulting services during the preparation and move to the new facilities. FINANCIAL IMPACT: Budgeted BACKGROUND: The contractor is a retired County employee who has agreed to continue providing consulting services in the area of information technology and other areas in which she has expertise. This contract needs to be extended due to the move into the new Shelter facilities and information technology management associated with the Chameleon database. r CONTINUED ON ATTACHMENT X YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE i"<APPROVE OTHER SIGNATURE(S): ACTION OF THE OA FD ON C�0.r APPROVED AS RECOMMENDED OTHER T :NANIMOUS SUPERVISORS {ABSENT I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date AYES: NOES: shown. ABSENT: ABSTAIN: ATTESTED: � - JohrfSwe n,Clerk of,6e Board of Supervisors c4id County Admini trator Y epu SUBJECT: APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract amendment with David L. Gates&Associates, Countywide area. (All Districts)Project No. 0651- 61081 C, 6LO82B &various others DATE: April 5, 2005 PAGE: 2 of 2 REASONS FOR RECOMMENDATIONS AND BACKGROUND: Special Districts requires a professional landscape architectural firm to provide plan review, construction field inspections, grounds and facilities inspections, design services,,and other consulting services related to landscape architecture primarily for those areas(to be)annexed into the Countywide LL-2 Landscape District or part of County Service Areas. Additionally., a firm is needed to provide playground safety inspections,maintenance inspections,, design work,, and similar services. Services are paid by developer fees and through various Special Districts. Special Districts originally sent Requests for Qualification(RFQs)to seventeen (17)landscape architectural firms, posted the RFQ with several data/builders exchange sites,and held a pre-solicitation meeting for all interested firms. After reviewing all of the submitted Statements of Qualifications(SOQs),it was determined that David L.Gates& Associates was the most qualified. The combination of more than anticipated developer related landscape reviews and inspections and several facilities needing immediate repair/renovation/replacement, which is still in progress, requires that the contract limit be increased and extended for an additional year. CONSEQUENCES OF NEGATIVE ACTION-. Negative action would result in projects not being completed that are currently underway and the inability of Special Districts to provide these services with the required level of expertise needed to ensure that landscape areas it manages are designed, constructed, and maintained in accordance with the Public Works Department Landscape Design, Construction,, and Maintenance Standards & Guidelines. Negative action would also cause a lapse in developer related landscape reviews and inspections and it would slow the implementation of both a Capital Improvement and Replacement Program(CIRP)for various facilities and a Playground Safety Inspection Program that ensures that these areas are hazard free and ADA compliant, limiting liability. Additionally, negative action would halt capital improvement projects that are currently underway. TO: s BOARD OF SUPERVISORS Contra _ s , _ t FROM: JOHN SWEETEN •r �- = '. Costa COUNTY ADMINISTRATOR DATE: April 5, 2005 °sA`cciv 'rt`, County. SUBJECT: ARBITRAGE REBATE CALCULATION AGENT CONTRACT SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATIONS: APPROVE and AUTHORIZE the County Administrator or his designee to enter into a contract with BondLogistix LLC for arbitrage rebate calculation services from April 1, 2005 through March 31, 2007 in an amount not to exceed $50,000. FISCAL IMPACT: Fees associated with rebate liability analysis are charged out proportionately to various County departments based on their share of the funds from a particular bond issue. Net County costs for this contract are negligible. BACKGROUND: Arbitrage rebate calculation agent services are required to calculate rebate liability on various County bond issues. Under federal tax law, this liability is determined foreach County tax-exempt bond issue based on the amount of interest earnings that have accrued," on bond proceeds over time. While the County is allowed to keep interest earnings up to the rate of return of the initial bond offering, any earnings above this bond rate must be rebated to the federal government every five years. The Capital Facilities and Debt Management staff of the County Administrator's office monitor interest earnings for various County bond issues and periodically orders reports from BondLogistix so that the appropriate amount of interest earnings can be set aside to pay future rebate costs. Given that the fee associated with a rebate liability ,analysis is charged out proportionately to various County departments based on their share of to funds from a particular bond issue, the net County cost for this contract is negligible. CONTINUED ON ATTACHMENT: X YES SIGNATURE: --------------------------w-------------------------------------------------------------------------------------- -------------------------- :___7��kOVE C, VCOMMENDATION OF COUNTY ADMINISTRATOR RECOMMEN. ION OF BOARD C MITTEE OTHER SIGNATURESqe-r -------------------- ''`�_- -- ---.-----------------------------------------______-_______-__- -___-_______------_-----__--___-_-_----__-__-_--_----------AC:'TION OF 80ARD ON APPROVE AS RECOMMENDED OTHER V 'I t 1000,� VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN UNANIMOUS{ABSENT AND ENTERED ON TH1-'MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE AYES: NOES: SHOWN. ABSENT: ABSTAIN: ATTESTED I qA CONTACT: JOHN SWEE EN,CLERK OF THE B ARD OF SUPERVISORS AND COUNTY ADMINISTRATOR CC: County Administrator/Capital Facilities Auditor-Controller General Services,ATTN:Terry Mann BY EPUTY Contra Costa County STANDARD CONTRACT Number Standard Form L-1 (Purchase of Services .Long Form) Revised 2002 co 0 9. Legal Authority, This Contract is entered into under and subject to the following legal authorities: Government Code Section 31000 10. Signatures. These signatures attest the parties' agreement hereto: COUNTY OF CONTRA.COSTA, CALIFORNIA + BOARD OF SUPERVISORS ATTEST: Clerk of the Board of Supervisors C ByBy Aha /Designee eputy CONTRACTOR Name of business entity Name of business entity By (Signature of individual or officer) By . .(OLgIldLULIC Ul 111ULVILLUdl Ut UMUCLI (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 STANDARD CONTRACT Number Standard Form L-1 (Purchase of Services-Long Form) Fund/Org# various ' Revised 2002 Account# Other # 1. Contract Identification. Department: CCC CAO, 651 Pine St, 6`h Flr, Martinez, CA 94553 Subject: Arbitrage Rebate Compliance Services 2. Parties. The County of Contra Costa,California(County),for its Department named above,and the following named Contractor mutually agree and promise as follows: Contractor: BondLogistix LLC (Taxpayer ID#51.0404 Capacity: Arbitrage Rebate Compliance Services Address: 2711 North Haskell Avenue, Lockbox#35, Suite 2600 SW Dallas, TX 75204 3. Term. The effective date of this Contract is April 1? 2005. It terminates on March 31, 2007 unless sooner terminated as provided herein. 4. Payment Limit. County's total payments to Contractor under this Contract shall not exceed $509000.00. 5. County's Obliations. 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 Syecial Conditions. This Contract is subject to the General Conditions and Special Conditions (if any) attached hereto,which are incorporated herein by reference. S. 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: Not applicable L-1 (Page 1 of 2) Contra Costa County, APPROVALS/ACKNOWLEDGMENT Number Standard Form L-2 (Purchase of Services -Long Form) Re'vlsed 2002 APPROVALS RECOMMENDED BY DEPARTMENT FORM APPROVED COUNTY COUNSEL By: By: Designee Deputy- APPROVED: COUNTY ADMINISTRATOR By: Designee ACKNOW1XDGMENT STATE OF CALIFORNIA ) ss. COUNTY OF CONTRA COSTA ) On , before me, insert mune and title of the officer), personally appeared personally knoiim to me (or proired to me on the basis of satisfactoq,e,%Idence) to be the person(s) «hose names) is/are subscribed to the Within instrument and acknowledged to me that he/slle/they executed die same in his/her/their authorized capacit)T(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity-upon behalf of iv-hich the person(s) acted, executed the instrument. WITNESS MY HAND AND OFFICIAL SEAL. (Seal) Signature ACKNOANTEDGMENT(by Corporation,Pw-mership,or Indi%idual) (Civil Code S 1189) L-2 ( Page 1 of 1) Contra C ostfn C oto n tv SERVICE PLAN O.,, UTLM Number Standard Form L-3 (Purchase of Services-Long Form) Revised 2002 SERVICE PLAN 1. Services: See attached Service Plan. 2. Population to be served: Not applicable. 3. Criteria for receipt of services: As requested by director and/or staff of County Administrator's Office,Capital Facilities and Debt Management. 4. Location and description of service facility: BondLogistix: 2711 North Haskell Avenue, Lockbox #35, Suite 2600 SW, Dallas, TX 75204 5. Time service is to be provided: 8 a.m.-5 p.m. Monday-Friday 6. Performance standards and oals: See attached Service Plan. 7. Service units: See attached Service Plan and Exhibits. 8. State or federal statute or regulation: See attached Service Plan. Initials: Contractor County Dept. L-3 (Page 1 of 1) Number Arbitrage Rebate Compliance Services Service Plan Bond Logistix LLC ("BLX") will be engaged by the County of Contra Costa (the "Obligor") for the purpose of performing calculations relating to the arbitrage and rebate requirements contained in the Internal Revenue Code (the "Code"). The calculations are to be performed with respect to the bond issue(s)listed on Exhibit A hereto(the"Bonds")applying applicable federal tax rules. BLX will calculate the amount of rebate liability with respect to the Bonds once per year as of the end of each bond year (unless specifically directed in writing otherwise by the Obligor) and as of the final maturity of redemption of the Bonds (each such date on which a rebate calculation is performed is referred to herein as a "Rebate Calculation Date") applying regulations of the United States Department of the Treasury("Treasury") in effect on such Rebate Calculation Date. In addition, if a "pe-.alty in lieu of rebate"election under Code Section 148(f)(4)(C)(vii)has been made by the Obligor with respect to the Bonds, BLX will calculate, every six months, the amount of such "penalty" as of the end of each six- month period beginning on the date of issue of the Bonds (each such date on which a penalty calculation is performed is referred to herein as a"Penalty Calculation Date"). (The tenn "Calculation Date"as used herein shall refer to a Rebate Calculation Date or a Penalty Calculation Date,as appropriate.) In addition, if required or requested by the Obligor, BLX will include in each report delivered to the Obligor an analysis of compliance with applicable arbitrage yield restrictions. with respect to each Calculation Date, BLX will prepare or cause to be prepared schedules reflecting the relevant calculations and the assumptions involved and will deliver a rebate or penalty liability report addressed to the Obligor as to the amount of the rebate or penalty liability as of such Calculation Date. At the Obligor's election, which election is made by the Obligor's signature of this engagement letter, each such rebate or penalty liability report will include a legal opinion provided by the law firm, Orrick, Herrington& Sutcliffe LLP ("Orrick"). BLX will engage Orrick to provide legal oversight and review as it deems necessary to render its opinion that the computations shown in the report are mathematically accurate and were perfonned in accordance with applicable federal law and regulations. Because BLX is an Orrick subsidiary, you may choose to consult counsel other than Orrick about the terns of this engagement. The Obligor undertakes to provide or cause to be provided to BLX all such relevant data, as specified by BLX from time to time, and shall cooperate with all reasonable requests of BLX in connection therewith. The Obligor also agrees to inform BLX of any actual or planned early redemption of the Bonds at its earliest opportunity. BLX is not being engaged hereunder,and BLX is not hereby obligated,to undertake any of the following: (1)independently determine whether securities allocable to proceeds of the bonds were purchased at fair market value within the meaning of the Treasury Regulations; (2)perform an audit or review of the investments acquired with gross proceeds or the payment of debt service on the Bonds; (3)perform calculations or other research as to the desirability of elections or selections that may be available under applicable federal tax law; (4) review the tax-exempt status of interest on the Bonds or any other aspect of the Bond program except for rebate and penalty liability to the extent set forth in this engagement letter; (5)consider any information obtained by BLX pursuant to this engagement for any purpose other than determining such rebate and penalty liability; and(6)update any report delivered hereunder because of events occurring, changes in regulations, or data or information received, subsequent to the date of delivery of such report. Should the Obligor desire BLX to undertake any of the foregoing, such work will be the subject of a separate engagement and a separate fee, if any. In addition, BLX will be entitled to rely entirely on information provided by the Obligor and the Trustee and/or their agents and assigns Initials: Contractor County Dept. Number without independent verification. The fee with respect to the Bonds will be determined pursuant to Exhibit B hereto. Engagement Fees are due upon each engagement and Report Fees are due upon delivery of each report by BLX. This engagement is terminable by either party by written notice to the other, such termination to be effective immediately; provided that, if BLX tenninates this engagement prior to delivering any calculations, the engagement fee(if previously paid) shall be refunded. BLX shall be entitled to assign its rights and obligations under this engagement in whole or in part upon prior written notice to the Obligor; provided that no such notice is required so long as Orrick retains the obligation to deliver legal opinions hereunder. No additional fees will be charged by Orrick for providing the legal services described herein. BLX will separately compensate Orrick for such services. BLX and/or Orrick may have client relationships with other parties involved in some manner with the Bonds or the Obligor (for example, underwriters, trustees, rating agencies, insurers, credit providers, lenders, contractors, developers, advisors, investment advisors/providers/brokers, public entities and others) whether with respect to the Bonds or some unrelated matter(s). However, to the extent that a conflict-of-interest is created by this engagement,the Obligor hereby waives any such conflict. Initials: Contractor County Rept. Number Exhibit A BondLogistix LLC will perform all Arbitrage Rebate Calculations pertaining to all current Contra Costa County Public Facilities Corporation and Public Financing Authority bonds, as well as any and all bonds that maybe issued by these entities through March 31,2007. Reimbursement for such services shall be paid according to the attached fee schedule (Exhibit B). Initials• Contractor County Dept. March 7, 2005 • ' BOND: Page 6 INSIGHT.INNOVATION.INTEGRATION. EXHIBIT B ARBITRAGE REBATE COMPLIANCE SERVICES FEE SCHEDULE BASE FEE Service Fee Engagement Fee(one-tune fee,per new issue) $500 Report Fee(per report) $2,000 ADDITIONAL FEES' Per report, as appropriate Service Fee Variable Rate Issue +$500-$15000 Transferred Proceeds Analysis +$500- $13,000 Commingled Funds Analysis +$500- $19000 Yield Restriction Analysis +$500- $19000 Cash Flow Recreation/Incomplete Records +$500 Final or 5t'Year Report +$500 Computation Periods in Excess of 12 Months +$500 (per additional year or fraction thereof) OPTIONAL SERVICES Evaluating various elections and applications To be negotiated separately Fees not to exceed$50,000 over a two-year period. Initials: Contractor County Dept. 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 Pro,%isions, County NN ill pay Contractor the folloi-ving fee as full compensation for all ser6ces,work,expenses or costs provided or incurred b}-Contractor: [Check one alternative onlv.] F-1 a. $ monthly, or ❑ b. $ per unit, as defined in the Seii ice Plan, or ❑ c. $ after completion of all obligations and conditions herein. ® d. Other: Fees paid for services performed as outlined in Exhibit B. 2. Payment Demands. Contractor shall submit«T itten demands for paA-ment on Count-N7 Demand Form D-15 in the manner and form prescribed by County. Contractor shall sublllit 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 w1 ich this Contract is made, or his designee, County iN ill make payments as specified in Paragraph 1. (Payment Ainounts) 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 Count-a timely demand for payment as specified in Paragraph 2. (Pavinent Demands) above,County,shall not pay Contractor for such serN ices 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 iiithhold payment to Contractor when,in the Opinion of County expressed in iwiting 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 «-ith any inspection, reAriew or audit of its prograun, Nvork or records, or (c) Contractor has failed to sufficientIN, itemize or document its demands) forp _ayment. 5. Audit Exceptions. Contractor agrees to accept responsibility for receiving,repli ing to,and/or conlpIN ing iNzdi anNT audit exceptions by appropriate countyT, state or federal audit agencies resulting from itsp erformance of this Contract. AlVithin 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 anv audit exceptions, to the extent such are attributable to Contractor's failure to perforin properly any of its obligations under this Contract. Initials: Contractor County Dept. Fonn P-1 (Page 1 of 1) Contra Costa Count),, GENERAL CONDITIONS Standard Form L-5 (Purchase of Services -Long Form) ReVrised 2003 L Compliance with Law. Contractor shall be subject to and comply iN ith all applicable federal,state and local laws and regulations -v%lith 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 SGate 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 Count3r. a. Retention of Records. Contractor-shall retain all documents pertaining to this Contract for fire 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(y)(1) of the Social Security Act, and am. regulations promulgated thereunder, Contractor shall, upon ANTitten request and until the expiration of four years after the furnishing of sen ices pursuant to this Contract, make available to the County, the Secretar v 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 necessar v 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 Ni ith a value or cost of $10,000 or more over a t velve-month period, such subcontract shall contain a clause to the effect that upon VATitten 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 yerifi_ 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 oil the heirs, successors, assigns and representatives of Contractor. 4. Reporting Requirements. Pursuant to Government Code Section 7550,Contractor-shall include in all documents or NITitten reports completed and submitted to County in accordance«-ith 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«Titten report. This section shall apple 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 part-,in its sole discretion,upon thirty*-day advance 11'ritten notice thereof to the other, and nnaAr be cancelled immediately by 1ATitten mutual consent. L-5 (Page 1 of 6) Contra Costa County GENERAL CONDITIONS Standard Form L-5 (Purchase of Services-Long Form) - Rex,ised 2003 b. Failure to Perform. County,Upon iviitten 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 ii-ith the «.,ork 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,Ai ithout prejudice to County's rights to recover damages. c. Cessation of Funding. Not«ithstanding Paragraph 5.a.above,in the event that federal,state,or other non-County funding for this Contract ceases, this Contract is terminated A,% thout 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 otheniase,regarding the suhiect matter of this Contract shall be deemed to exist or tQ bind any of the parties hereto. 7. Further Specifications for Operatim 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 liTitten Informal Agreement between Contractor and Count-. 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 countNT departi-hent 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 «Titten document executed by Contractor and the Contra Costa County Board of Supervisors or,after-Board approval,by its designee,subject to puny required state or federal approval. b. Administrative Amendments. Subject to the Payment Limit,the Payment Pro«sions and the Service Plan may be amended by a«Titten administrative amendment executed by Contractor and the County Administrator(or designee), subject to any required state or federal approval, prodded that such administrative amendment nnav not materially change the Pavment Provisions or the SerN ice Plan. 9. Disputes. Disagreements between County and Contractor concerning the meaning,requirements,or performance of this Contract shall be subject to final«Titten 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 w-iN)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 m ith 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 Count-,State of California. L-5 (Page 2 of 6) Initials: Contractor County Dept. Contra Costa Count- GENERAL CONDITIONS Standard Form L,5 (Purchase of Services-Long Form) `Revised 2003 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 Ni id1 such federal or state requirements. 12. No Waiver by County.. Subject.to Paragraph 9. (Disputes) of these General Conditions,it-Ispections or approvals,or stateinents by any officer, agent or employee of County,indicating Contractor's performance or any part thereof complies Ni ith 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 anti'failure t0 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 «Titten consent of the County Administrator or his designee, subject to any required state or federal approval, is required before the Contractor maNT enter into subcontracts for any«-ork contemplated under this Contract,or before the Contractor may assign this Contract or monies due or to become due, by operation of law or otheni ise. 14. Independent Contractor Status. This Contract is by and between"NI-0 independent contractors and is not intended to and shall not be construed to create the relationship between the parties of agent, servant, employee, pai-tnership,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 «-hien they knoAv or have reason to know they have a finwicial interest under California Government Code Sections 87100, et seq., or other%vise. 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 servicesrovided them.,and assures that: p a. All applications and records concerning any individual made or kept by Contractor or any public officer or agency In connection iiith the administration of or relating to Sei�T1CeS provided under this Contract«-i11 be confidential,and will not be open to examiIlation for any purpose not directly connected ii kh the administration of such service. b. No person«•ill 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 kno«Zngly and intentionally_ disclosing such information other than as authorized bAT la«-may be guilt-of a misdemeanor. 17. Nondiscriminatory Services. Contractor agrees that all goods and sen ices 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 enlplovees from anv and all claims, costs and liability for any damages, sickness, death, Or injury to person(s) Orr0 erty, including p p _ g «lthout limitation all consequential damages,from any cause whatsoever arising directiv or indirectly from or connected«itll L-5 (Page 3 of G) Initials: Contractor County Dept. Contra Costa County GENERAL CONDITIONS Standard Form L-5 (Purchase of Services-Long Form) -Re%,ised 2003 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 vrillful misconduct of County or its officers or employees. Contractor vN ill reimburse CountN'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,--'iii 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 folloii ing insurance requirements unless othenN ise 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 o--pined and non-owned automobiles, i,With a Innilnimum 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, includiIng the loss of use thereof, arising from each occurrence. Such insurance shall be endorsed to include County and its officers aind employees as additional insureds as to all serNrices performed by Contractor under this agreement. Said policies shall constitute primar-•insurance as to Count%71,the state and federal governments,and thea 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 Conti-actor shall have a minimum combined single limit coverage of$1,000,000,and Contractor shall be required to ro--ide County--'ith a copy of tine g P . P� endorsement snaking the County an additional insured on all general liability, worker's compensations, mid, if applicable,all professional liability insurance policies as required herein no later than tine effecti-re date of this Contract. b. Workers'Compensation. Contractor shall provide--porkers'compensation insurance coverage for its esnnployees. C. Certificate of Insurance. The Contractor shall provide the County«pith (a)certificate(s)of insurance evidencing liability,and-'corker's compensation insurance as required herein no later than the effective date of this Contract. If the Contractor should renew the insurance policy(les)or acquire either a new insurance policy(les)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«Tittesn notice to County before cancellation or material change of the above specified coverage. 20. Notices. All notices provided for by this Contract shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to County shall be addressed to the head of the county dep artlnlelnt 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 Count-_ shall be the date of receipt by the head of the county department fon-which this Contract is made. 21. Primacy of General Conditions. Except for Special Conditions xvhich expressly supersede General Conditions, the Special Conditions (if any) and Service Plan do not limit any terns of the General Conditions. L-5 (Page 4 of ti) Initials: Contractor County Dept. Contra Costa County GENERAL CONDITIONS Standard Form L-5 (Purchase of Services -Long Form) ,Re\.,ised 2003 22. Nonrenewal. Contractor understands and agrees that there is no representation,implication,or understanding that the services provided by Contractor under this Contract«Till be purchased by County Under a new contract folloNNing expiration or termination of this Contract, and waives all rights or claims to notice or hearing respecting wry 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 pa}lnent of property taxes leN ied on such interest. Contractor agrees that this provision complies «pith the notice re uirennelnts Of q Revenue&Taxation Code Section 107.6,and Avaives all rights to further notice or to damages under that or any comparable statute. 24. No Third-Party Beneficiaries. NOt"ithsta.inding 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-part- beneficiaries of the obligations assunned by either- p art\- to this Contract. 25. Copyrights and Rights in Data. Contractor shall not publish or transfer any materials produced or resultingfrom activities supported by this agreement ii ithout the express«Titters 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 cop�Trighted,County reser\-es 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 NN ith Contra Costa Count\- publicly endorse or oppose the use of any particular brand name or commercial product«-ithout the prior-approval of the Board of Supervisors. In its County contractor capacity, Contractor shall not publicly attribute qualities or lack of qualities to ap articular brand name of commercial product in the absence of a«well-established and i%idely accepted scientific basis for such clainns or xi ithout the prior approval of the Board of Supervisors. In its County Contractor capacity,Contractor shall not participate Or appear in any commer clallA'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. Not withstanding the foregoing,Contractor may express its vie«-s on products to other contractors,the Board of Su en-isors County officers oI- others who may be authorized by the Board of Supervisors or by lax•to receive such vie«vs. 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 airs audit conforming to the requirements set forth in the most current version of Office of Alana agement and Bud et Circular A- g g 133. (B) If Contractor is funded bAT 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 Count)-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 requirei-nents for p that year,however, Contractor's records must be available for and an audit may be required by, appropriate officials of the federal a«•arding agency, the General Accounting Office (GAO), theass-throe h entity and/or the Count\-. If p g � any L-5 (Page 5 of 6) Initials: Contractor County Dept. Contra Costa Countv GENERAL CONDITIONS Standard Forni L-5 (Purchase of Services -Long Form) -Revised 2003 such audit is required, Contractor shall provide Count-"ith 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. Count•may ii ithhold die estimated cost of the audit or 10 percent of the contract amount,whichever is larger, or the final paynient, from Contractor until County receives the audit from Contractor. 28. Authorization. Contractor, or die 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 perforin the obligations herein. L.-5 (Page 6 of 6) Initials: Contractor County Dept, Contra Costa County Number Standard. Form L-4 Revised 2002 SPECIAL CONDITIONS (Purchase of Services sp Long Form) 0 1. Modified Insurance Remurements. Paragraph 19 (Insurance) of the General Conditions is modified by the addition of a subparagraph e. to read as follows: "e. Professional LiabLdi q Insurance. The Contractor shall provide professional liability insurance with a minimum coverage limit of$500,000 for all damages or losses because of errors, omissions, or malpractice arising from the provision of professional services under this Contract." 2. Insurance. Paragraph 19 (Insurance) of the Gener-al 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) $500,000 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 change of the above- specified coverage." 3. Insurance. Paragraph 19 W ("Certificate of Insurance") of the General Conditions is hereby deleted in its entirety and replaced with the following paragraph: (c). Proof of Insurance. Contractor shall provide County with (a) copy(ies) of the endorsement(s) making the County an additional named 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. If 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(ies) at any time during the term of this Contract, then Contractor shall provide County with(a) current copy(ics) of the endorsement(s). Form L-4 (Page I of 1) Initials: Contractor County Dept e140 ff TO: BOARD OF SUPERVISORS Contra FROM: John Sweeten, County Administrator DATE: March 29, 2005 . ..... Costa SUBJECT: Contract for General Services Director County SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: APPROVE and AUTHORIZE the County Administrator, or designee, to execute a contract with Barton J. Gilbert in an amount not to exceed $62,500 to continue to act in the capacity of the General Services Director pending recruitment of a new Director, for the period April 1 through August 31, 2005. FISCAL IMPACT: Contract costs will be substantially offset by savings in permanent salaries expense due to Mr. Gilbert's retirement. Any excess costs can be absorbed within the department's operating expenses. BACKGROUND: The proposed contractor is the department director who has provided services to the department for the past twenty-one years and is planning to retire on March 31, 2005. The contract is at a rate comparable to the hourly rate of the department director position. The contract is needed due to the need to recruit and hire a new director, which is estimated to take at least four months, and the need for the department to have continuing direction, leadership, and decision-making in the intervening period. .................. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE ,./APPRO OTHER SIGNATURE( ACTION OF 131P ON �APPROVE AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS(ABSENT AND CORRECT COPY OF AN ACTION TAKEN _fir` AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE AYES: NOES: SHOWN. ABSENT: ABSTAIN: ATTESTED: APRIL 5,2005 CONTACT: Lara Delaney (925)335-1097 JOHN SWEETEN,CLERK OF THE BOARD OF SUPERVISORS AND CC: General Services COUNTY ADMINISTRATOR CAO Purchasing BY. 1�_,DEPUTY