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HomeMy WebLinkAboutAgreement A-15-225 with OrgMetrics LLC.pdf e AGREEMENT NO. 15-225 1 AGREEMENT FOR PARTNERING CONSULTANT SERVICES 2 THIS AGREEMENT is made and entered into this arc� day of , 2015, between 3 County of Fresno,a political subdivision of the State of California,(hereinafter called"COUNTY"),and 4 OrgMetrics LLC,a California limited liability company,located at 291 McLeod Street,Livermore,CA 5 94550 (hereinafter called "CONSULTANT"). 6 WITNESSETH: 7 WHEREAS, COUNTY desires to have a qualified Partnering Facilitator to conduct partnering 8 workshops/sessions where stakeholders can meet in a collaborative environment to build teams by 9 aligning organizations,establishing relationships and developing methods to achieve mutual goals;and 10 WHEREAS,in accordance with COUNTY Ordinance Code Chapter 4.10 governing the selection 11 of architects,engineers and other professionals,a selection committee selected said CONSULTANT to 12 provide the COUNTY with Partnering Facilitator services for the various Capital Projects Division 13 improvement projects; and 14 WHEREAS, said CONSULTANT is qualified and willing to provide the COUNTY the 15 professional partnering and facilitation services needed for this Project; 16 NOW, THEREFORE, the parties hereto have and by these presents do agree as follows: 17 I. CONTRACTING WITH CONSULTANT: BASIC PARAMETERS 18 A. The COUNTY hereby contracts with the CONSULTANT as an independent contractor to 19 provide Partnering Facilitator services as required for various projects. Said services are described in 20 Article II and enumerated in Article III herein. 21 B. The CONSULTANT's services shall be performed as expeditiously as possible, consistent 22 with professional skill and the orderly progress of the work, based on the project schedule prepared by 23 the Capital Projects Division Manager or his/her designated representative. 24 C. The CONSULTANT shall notify the COUNTY of the names and classifications of 25 employees assigned to a project, and shall not reassign such employees to other projects of the 26 CONSULTANT without notification to and approval by COUNTY. 27 D. The contact person(s)for the CONSULTANT shall be:Susan F.Dyer;telephone:(925)449- 28 1 8300; fax: (925) 449-0945; email: suedyer@orgmet.com. - Page 1 - R 1 1 II. DESCRIPTION OF THE WORK COVERED BY THIS AGREEMENT: 2 The work covered by this Agreement is for the consultant services required under Article III for 3 various COUNTY projects and will be administered by the Capital Projects Division Manager or his/her 4 designated representative. 5 III. CONSULTANT'S SERVICES: 6 The CONSULTANT shall: 7 A. Ascertain the requirements for each Partnering and Follow-up session through discussions 8 with the COUNTY. 9 B. Schedule a date and prepare an agenda for each session. The facilitator will coordinate with 10 the COUNTY representative for the location of the partnering session. The facilitator will confirm 11 attendance prior to the meeting to assure all necessary parties will attend with their appropriate staff 12 responsible for the Project. 13 C. Direct the session complete with necessary equipment; i.e.projector,computer,handouts and 14 other materials as necessary that are required to perform the partnering session. 15 D. The facilitator will write and publish meeting minutes. The minutes shall include "action 16 items" and responsible parties. The session minutes will be provided to the representative of the 17 Department of Public Works and Planning for distribution to all other stakeholder attendees. All 18 minutes or documents that are a product of the session shall be provided to the representative of the 19 Department of Public Works and Planning in MS Word electronic format. The session minutes are to be 20 provided no later than ten (10) working days following the session. 21 E. Work with stakeholder leaders to clearly define and document needs prior to initiating 22 sessions. 23 F. Directly involving stakeholder leaders in all aspects of the partnering process. 24 G. Assist the parties in the identification of issues and facilitating their resolution. 25 H. Adapt the process to meet many different circumstances and participants. 26 I. Establish direction and building skills and attitudes needed to work together. 27 J. Remove organizational impediments to open communication at all levels. 28 K. Establish joint responsibility for maintaining, improving and nurturing the partnering - Page 2 - I relationship. 2 L. The Partnering Facilitator shall remain constant for the duration of each project. 3 IV. COUNTY'S OBLIGATIONS: 4 The COUNTY will: 5 A. Compensate the CONSULTANT as provided in this Agreement. 6 B. Provide a COUNTY Project Manager who will represent the COUNTY and who will work 7 with the CONSULTANT in carrying out the provisions of this Agreement. The CONSULTANT shall 8 communicate and coordinate with the COUNTY Project Manager who will be the point of contact 9 V. COMPENSATION: 10 A. Total Fee: I 1 1. Notwithstanding any other provisions in this Agreement, the Total Fee for the services 12 required under this Agreement shall not exceed a total amount of$500,000 over the entire term of this 13 Agreement,which shall be computed at the hourly and/or cost rates shown in Exhibit A,attached hereto 14 and incorporated herein. 15 2. Within the fee limitation described in Article V, paragraph 1 above,progress payments 16 may be made at monthly intervals and shall be based upon the percentage of work completed which shall 17 be determined by the review and approval of the COUNTY Project Manager. 18 3. The CONSULTANT shall not exceed the approved scope of work without the advance 19 written authorization of the COUNTY Project Manager. The CONSULTANT and the COUNTY Project 20 Manager shall expressly confirm in writing the authorization and maximum cost for any such change in 21 scope of work before the CONSULTANT is compensated for any work thereon. 22 4. CONSULTANT shall not add markup percentages or costs to subconsultant's costs or 23 incidental costs unless expressly authorized in writing by the COUNTY Project Manager. 24 5. Payment for Services will be at the hourly and cost rates set forth in Exhibit A,attached 25 hereto and incorporated herein. The rates listed therein are in effect for the duration of the Agreement. 26 Such rates may be renegotiated annually at CONSULTANT's request, if this Agreement is in effect 27 longer than one (1) year. CONSULTANT's request for annual rate adjustments may not exceed the 28 Engineering News Record's Construction Cost Index or the California Consumer Price Index as - Page 3 - 4 I published by the California Department of Industrial Relations for the year, whichever is lower. 2 6. If the CONSULTANT becomes aware of potential unforeseen expenses that would not be 3 covered by the provisions of this Agreement CONSULTANT shall inform the COUNTY Project 4 Manager in writing of the extent and nature of such expenses or services. 5 D. Payments: 6 1. Progress payments will be made by the COUNTY upon receipt of the CONSULTANT's 7 original,complete monthly invoices with supporting documentation and approval by COUNTY thereof, 8 based on the COUNTY's evaluation of the completion of the respective components of the Project. 9 Invoices shall clearly identify the project name, tasks performed, the percentage of work completed, 10 percentage of basic fee, subtotal of monthly invoice, retention deduction and payment amount. 11 CONSULTANT shall also summit with monthly invoices documentation identified in Article V,Section 12 D, paragraph 5 below. Invoices shall be forwarded to: 13 Stuart G. Seiden 14 Capital Projects Division Manager 15 Department of Public Works and Planning 16 2220 Tulare Street, 6rh Floor 17 Fresno, California 93721-2106 18 2. Upon receipt of a proper invoice,the COUNTY Project Manager will take a maximum of 19 five (5) working days to review, approve, and submit it to the COUNTY 20 Auditor-Controller/Treasurer-Tax Collector. Unsatisfactory or inaccurate invoices will be returned to 21 the CONSULTANT for correction and resubmitted. Payment, less retention, will be issued to 22 CONSULTANT within forty (40) calendar days of the date the Auditor-Controller/Treasurer-Tax 23 Collector receives the approved invoice. 24 3. COUNTY is entitled to and shall withhold a five percent(5%)retention from the earned 25 compensation in accordance with the provisions of Article VII of this Agreement. 26 4. An unresolved dispute over a possible negligent error or omission may cause payment of 27 CONSULTANT fees in the disputed amount to be withheld by the COUNTY. 28 1 5. Concurrently with the invoices, the CONSULTANT shall certify (through copies of - Page 4 - I issued checks,receipts,or other COUNTY pre-approved documentation)that complete payment, less a 2 five percent(5%)retention,has been made by CONSULTANT to all subconsultants as provided herein 3 for all previous invoices paid by the COUNTY,and that CONSULTANT has complied with state wage 4 and work hour laws and regulations. However,the parties do not intend that the foregoing creates in any 5 subconsultant or subcontractor a third party beneficiary status or third party beneficiary rights, and 6 expressly disclaim any such status or rights. 7 6. Final invoice,and separate invoice for retentions,shall be submitted to COUNTY no later 8 than thirty (30) days after the PROJECT is completed. The CONSULTANT shall provide its 9 certification acceptable to the COUNTY,on COUNTY request,that all subconsultants have received full 10 payment for services rendered and work performed on the PROJECT. Payment for retentions shall not 11 be made until all services are completed. 12 7. In the event the COUNTY reduces the scope of the PROJECT,the CONSULTANT will 13 be compensated on a pro rata basis for actual work completed and accepted by the COUNTY in 14 accordance with the terms of this Agreement. 15 VI. COMPENSATION RECORDS 16 The CONSULTANT shall keep complete records showing the hours and description of activities 17 performed by each person who works on the Project and all associated costs or charges applicable to 18 work covered by the Basic Fee and approved Extra Services. The CONSULTANT additionally shall be 19 responsible for all subconsultants keeping similar records. The CONSULTANT shall maintain all such 20 records for a period of three(3)years following final payment under this Agreement,consistent with the 21 provisions of Article VIII, Section B. 22 VII. RETENTION FROM EARNED COMPENSATION 23 COUNTY is entitled to and shall withhold a five percent (5%) retention from the earned 24 compensation of the CONSULTANT. Such retention from earned compensation shall be applied to all 25 phases of the consultant services to be provided under this Agreement. Provided, however, that 26 COUNTY has the option to dispense with the requirement to withhold retentions as to any 27 CONSULTANT service(s)specifically designated by the COUNTY Capital Projects Division Manager 28 or COUNTY Project Manager, in his/her sole and absolute discretion,as exempt from such requirement - Page 5 - I for the purposes of this Agreement. Retentions will be released after the satisfactory completion of the 2 scope of services upon receipt of an invoice for retentions by COUNTY. 3 VIII. AUDITS, ACCOUNTING AND INSPECTIONS ACCESS 4 A. The CONSULTANT shall at any time during regular business hours, and as often as the 5 COUNTY may deem necessary, make available for examination by Federal or State authorities, the 6 COUNTY Auditor-Controller/Treasurer-Tax Collector, or their authorized representatives, all of 7 CONSULTANT's records and data with respect to matters covered by this Agreement. The 8 CONSULTANT shall permit Federal, State, or COUNTY authorities to audit and inspect all invoices, 9 materials, payrolls, records of personnel, conditions of employment, and other data relating to matters 10 covered by this Agreement. 11 B. The CONSULTANT shall be subject to the examination and audit of the Auditor General for 12 a period of three(3)years after final payment under this Agreement(Government Code Section 8546.7) 13 IX. ERRORS OR OMISSION CLAIMS AND DISPUTES 14 Article IX, entitled "Errors or Omission Claims and Disputes", is not applicable to this 15 PROJECT. 16 X. JOINDER OF PARTIES 17 Article X, entitled "Joinder of Parties," is not applicable to this PROJECT. 18 XI. CONSULTANT'S OBLIGATIONS RELATING TO CONSTRUCTION CLAIMS 19 Article XI,entitled"Consultant's Obligations Relating to Construction Claims,"is not applicable 20 to this PROJECT. 21 XII. INDEPENDENT CONTRACTOR 22 A. In performance of the work,duties,and obligations assumed by CONSULTANT under this 23 Agreement, it is mutually understood and agreed that CONSULTANT, including any and all of 24 CONSULTANT's officers, agents and employees, will at all times be acting and performing as an 25 independent contractor, and shall act in an independent capacity and not as an officer, agent, servant, 26 employee,joint venturer,partner or associate of the COUNTY. Furthermore, COUNTY shall have no 27 right to control or supervise or direct the manner or method by which CONSULTANT shall perform its 28 work and function. However, COUNTY shall retain the right to administer this Agreement so as to - Page 6 - I verify that CONSULTANT is performing its obligations in accordance with the terms and conditions 2 thereof CONSULTANT and COUNTY shall comply with all applicable provisions of law and the rules 3 and regulations, if any,of governmental authorities having jurisdiction over matters the subject thereof. 4 B. Because of its status as an independent contractor,CONSULTANT shall have absolutely no 5 right to employment rights and benefits available to COUNTY employees. CONSULTANT shall be 6 solely liable and responsible for providing to,or on behalf of its employees all legally-required employee 7 benefits. In addition,CONSULTANT shall be solely responsible and save COUNTY harmless from all 8 matters relating to payment of CONSULTANT's employees,including compliance with Social Security, 9 withholding,and all other regulations governing such matters. It is acknowledged that during the term of 10 this Agreement CONSULTANT may be providing services to others unrelated to the COUNTY or to I I this Agreement. 12 XIII. PARTIES BOUND BY AGREEMENT 13 This Agreement shall be binding upon the COUNTY,the CONSULTANT,and their successors 14 in interest, legal representatives, executors, administrators, and assigns with respect to all covenants as 15 set forth herein. 16 XIV. REQUIRED APPROVALS 17 It is understood that the CONSULTANT shall not assign, sublet, subcontract, or transfer any of 18 CONSULTANT's rights,duties,or obligations under this Agreement,without the prior express,written 19 consent of the COUNTY. Such consent and approval may be given only by the COUNTY Board of 20 Supervisors. 21 XV. COMPLIANCE WITH LAWS 22 CONSULTANT shall comply with all applicable federal, state, and local laws, ordinances, 23 regulations, and Fresno County Charter Provisions in effect at the time of CONSULTANT's 24 performance of the professional services to be provided hereunder. 25 XVI. GOVERNING LAW 26 A. Any controversy or claim arising out of or relating to this Agreement which cannot be 27 amicably settled without court action shall be litigated either in a state court for Fresno County, 28 California,or in the U.S. District Court for the Eastern District of California, located in Fresno County. - Page 7 - I B. The rights and obligations of the parties and all interpretations and performance of this 2 Agreement shall be governed in all respects by the laws of the State of California. 3 XVII. AMENDMENTS 4 Any changes to this Agreement requested either by the COUNTY or CONSULTANT may only 5 be effected if mutually agreed upon in writing by duly authorized representatives of the parties hereto. 6 This Agreement shall not be modified or amended, nor shall any rights of a party hereto be waived, 7 except by such writing. 8 XVIII.CONSULTANT'S LEGAL AUTHORITY 9 Each individual executing this Agreement on behalf of CONSULTANT hereby covenants. 10 warrants, and represents: (i)that he or she is duly authorized to execute and deliver this Agreement on 11 behalf of CONSULTANT in accordance with CONSULTANT's articles of organization and/or written 12 operating agreement; (ii) that this Agreement is binding upon CONSULTANT; and (iii) that 13 CONSULTANT is a duly organized and legally existing limited liability company in good standing in 14 the State of California. 15 XIX. HOLD HARMLESS 16 A. CONSULTANT agrees to indemnify,save,hold harmless,and at COUNTY's request,defend 17 the COUNTY, its officers, agents, and employees from any and all costs and expenses, damages, 18 liabilities,claims,and losses occurring or resulting to COUNTY in connection with the performance,or 19 failure to perform,by CONSULTANT,its officers,agents,or employees under this Agreement,and from 20 any and all costs and expenses, damages, liabilities, claims, and losses occurring or resulting to any 21 person,firm, or corporation who may be injured or damaged by the performance,or failure to perform, 22 of CONSULTANT, its officers, agents, or employees under this Agreement. 23 B. COUNTY and CONSULTANT hereby declare their mutual intent to cooperate in the defense 24 of any claim, suit, or other action alleging liability, arising from the negligent performance or failure to 25 perform of any COUNTY contractor or subcontractor in connection with the PROJECT. Such 26 cooperation may include an agreement to prepare and present a cooperative defense after consultation 27 with CONSULTANT's professional liability insurance carrier. 28 XX. LIABILITY INSURANCE - Page 8 - I A. Prior to commencing the duties under the Agreement with the COUNTY. the 2 CONSULTANT shall furnish the COUNTY, at no additional cost to the COUNTY,certificates for the 3 following insurance policies which shall be kept in force at all times during the term of the Agreement 4 (i.e., until the Agreement is terminated or it expires), and for such additional time as may be specified 5 herein with respect to a particular type of policy. 6 1. Commercial General Liability Insurance naming the COUNTY as an additional insured, 7 with limits of not less than One Million Dollars($1,000,000)per occurrence and an annual aggregate of 8 Two Million Dollars ($2,000,000.00). 9 2. Comprehensive Automobile Liability Insurance with limits for bodily injury of not less 10 than Two Hundred Fifty Thousand Dollars ($250,000) per person, Five Hundred Thousand Dollars 11 ($500,000)per accident and for property damages of not less than Fifty Thousand Dollars($50,000),or 12 such coverage with a combined single limit of Five Hundred Thousand Dollars ($500,000). 13 3. Worker's Compensation insurance policy as required by the California Labor Code. 14 B. CONSULTANT shall obtain endorsements to the Commercial General Liability insurance 15 naming the County of Fresno, its officers, agents, and employees, individually and collectively, as 16 additional insured, but only insofar as the operations under this Agreement are concerned. Such 17 coverage for additional insured shall apply as primary insurance and any other insurance, or self- 18 insurance, maintained by COUNTY, its officers, agents and employees shall be excess only and not 19 contributing with insurance provided under CONSULTANT's policies herein. This insurance shall not 20 be cancelled or changed without a minimum of thirty (30) days advance written notice given to 21 COUNTY. 22 Within Thirty (30) days from the date CONSULTANT executes this Agreement, 23 CONSULTANT shall provide certificates of insurance and endorsements as stated above for all of the 24 foregoing policies, as required herein, to the County of Fresno, (Name and Address of the official who 25 will administer this contract), stating that such insurance coverage have been obtained and are in full 26 force; that the County of Fresno, its officers, agents and employees will not be responsible for any 27 premiums on the policies; that such Commercial General Liability insurance names the County of 28 Fresno,its officers, agents and employees, individually and collectively,as additional insured,but only - Page 9 - I insofar as the operations under this Agreement are concerned;that such coverage for additional insured 2 shall apply as primary insurance and any other insurance,or self-insurance,maintained by COUNTY,its 3 officers,agents and employees, shall be excess only and not contributing with insurance provided under 4 CONSULTANT's policies herein; and that this insurance shall not be cancelled or changed without a 5 minimum of thirty (30) days advance, written notice given to COUNTY. 6 In the event CONSULTANT fails to keep in effect at all times insurance coverage as herein 7 provided, the COUNTY may, in addition to other remedies it may have, suspend or terminate this 8 Agreement upon the occurrence of such event. 9 All policies shall be issued by admitted insurers licensed to do business in the State of 10 California, and all such insurance shall be purchased from companies possessing a current A.M. Best, 11 Inc. rating of A FSC VII or better. 12 XXI. OWNERSHIP OF DOCUMENTS 13 A. All documents required in performing services under this Agreement shall be submitted to, 14 and shall remain at all times the property of the COUNTY regardless of whether they are in the 15 possession of CONSULTANT or any other person, firm, corporation or agency. 16 B. If the Agreement is terminated during or at the completion of the PROJECT,a copy of the all 17 documents shall be submitted by CONSULTANT to the COUNTY,which may use them to complete the 18 PROJECT at a future time. 19 XXII. TERM AND TIME OF COMPLETION 20 A. This Agreement shall become effective upon approval by COUNTY's Board of Supervisors, 21 on the date first set forth above, for a base term of three (3) years, and shall expire at the conclusion of 22 said base term unless extended by COUNTY for a maximum of two(2)additional one-year periods upon 23 provision of written notice by the Director of the Department of Public Works and Planning or his/her 24 designee, or unless it is terminated earlier in accordance with the provisions of Article XXIII. 25 B. Time is of the essence in the completion of the services covered by this Agreement. Failure 26 of the CONSULTANT to meet any specific date in the above-referenced schedule, once such failure 27 exceeds fourteen(14)calendar days past the specified completion date(unless the delay is attributable to 28 1 the COUNTY or State), is sufficient cause to immediately terminate this Agreement at the option of the - Page 10 - I COUNTY in accordance with Article XXIILC. 2 C. CONSULTANT shall not be held responsible for delays caused by COUNTY review, or 3 reasons indisputably beyond CONSULTANT's control. 4 XXIII.TERMINATION OF AGREEMENT 5 A. This Agreement may be terminated without cause at any time by the COUNTY upon thirty 6 (30)calendar days written notice. If the COUNTY terminates this Agreement,the CONSULTANT shall 7 be compensated for services satisfactorily completed to the date of termination based upon the 8 compensation rates and subject to the maximum amounts payable agreed to in Article V,together with 9 such additional services satisfactorily performed after termination which are expressly authorized by the 10 COUNTY Representative in order to conclude the work performed to date of termination. 11 B. If the CONSULTANT purports to terminate the Agreement,or otherwise refuses to perform 12 pursuant to the Agreement,for reasons other than material breach by the COUNTY,the CONSULTANT 13 shall reimburse the COUNTY, up to a maximum of Ten Thousand Dollars ($10,000) for the actual 14 expense of issuing a Request For Proposal (RFP), engaging a new CONSULTANT, and the new 15 CONSULTANT's cost in becoming familiar with the previous CONSULTANT's design, in addition to 16 any other legal or equitable remedy or expense available to the COUNTY. 17 C. The COUNTY may immediately suspend or terminate this Agreement in whole or in part, 18 where in the determination of the COUNTY there is: 19 1. An illegal or improper use of funds; 20 2. A failure to comply with any term of this Agreement; 21 3. A substantially incorrect or incomplete report submitted to the COUNTY; 22 4. Improperly performed service. 23 D. In no event shall any payment by the COUNTY constitute a waiver by the COUNTY of any 24 breach of this Agreement or any default which may then exist on the part of the CONSULTANT, nor 25 shall such payment impair or prejudice any remedy available to the COUNTY with respect to the breach 26 or default. The COUNTY shall have the right to demand of the CONSULTANT the repayment to the 27 COUNTY of any funds disbursed to the CONSULTANT under this Agreement,which,in the judgment 28 of the COUNTY and as determined in accordance with the procedures of Article IX ("Errors or - Page 1 I - I Omissions Claims and Disputes"), were not expended in accordance with the terms of this Agreement. 2 The CONSULTANT shall promptly refund any such funds upon demand. 3 E. The terms of this Agreement, and the services to be provided there under,are contingent on 4 the approval of funds by the appropriating government agency. Should sufficient funds not be allocated, 5 the scope of services provided may be modified,or this Agreement terminated at any time by giving the 6 CONSULTANT thirty (30) days advance written notice. 7 XXIV.CONFLICT OF INTEREST 8 The CONSULTANT shall comply with the provisions of the COUNTY Conflict of Interest 9 Code,attached hereto as Exhibit B and incorporated herein. Such compliance shall include the filing of 10 annual statements pursuant to the regulations of the State Fair Political Practices Commission. 11 XXV. ENTIRE AGREEMENT 12 This Agreement constitutes the entire agreement between the COUNTY and the CONSULTANT 13 with respect to the subject matter hereof and supersedes all previous negotiations, proposals, 14 commitments, writings, advertisements, publications, and understandings of any nature whatsoever 15 unless expressly included in this Agreement. 16 XXVL SEVERABILITY 17 Should any provision herein be found or deemed to be invalid,this Agreement shall be construed 18 as not containing such provisions, and all other provisions which are otherwise lawful shall remain in 19 full force and effect,and to this end the provisions of this Agreement are hereby declared to be severable. 20 21 22 23 24 25 26 27 28 - Page 12 - I IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the 2 day and year first above written. 3 4 CONSULTANT COUNTY OF FR N BY: _ BY: 5 TITLE: i DEBORAH A. POOCHIGIAN, JAIRMAN 6 Sue Dye Presider BOARD OF SUPERVISORS OrgMetrics LLC 7 291 McLeod Street ATTEST: Livermore California 94550 BERNICE E. SEIDEL,Clerk Board of Supervisors 8 (925) 449-8300 (925) 449-0945 - Fax By 1 9 Deputy 10 REVIEWED AND RECOMMENDED APPROVED AS TO LEGAL, FORM 11 FOR APPROVAL DANIEL C. CEDERBORG, CO TY 12 COUNSEL 13 BY: G��� �i w� �-� BY: i C .- 14 ALAN WEAVER, DIRECTOR, DEPUTY COUNTY COUNSEL DEPARTMENT of PUBLIC WORKS and 15 PLANNING 16 Gr4' Budget Unit: 1910: 3W1150; 7530; 8830 APPROVED AS TO ACCOUNTING FORM 17 Various VICKI CROW, C.P.A. AUDITOR-CONTROLLER/ 18 TREASURER-TAX COLLECTOR 19 BY: 20 DEP 21 22 23 24 25 26 27 28 -Page 13 - EXHIBIT A Org-Metrics 291 McLeod Street Livermore, California 94550 Daily Partnering Rate... .................. ...... ...... ... .....$5,650.00 Per Session Day Project Scorecard... ...... ... ..................... .............$615.00 each use Meeting and Travel Expense...... ...... ...... ..........up to $400.00 Per Session Day EXHIBIT B File U5123 February 23, 1999 Resolution #99-086 1 BEFORE THE BOARD OF SUPERVISORS 2 OF THE COUNTY OF FRESNO 3 STATE OF CAI_IFORNIA r ;•. 4 In the matter of 5 Adoption of Standard Conflict of Interest Resolution #99-086 5 Code for All County Departments. 7 8 Whereas, the Political Reform Act, Government Code section 81000 et seq., 9 requires state and local government agencies to*adopt and promulgate conflict of interest 10 codes;and 11 Whereas, the Fair Political Practices Commission has,adopted a regulation, 2 12 California Code of Regulations section 18730, which contains the terms of a standard 13 conflict of Interest code, and which may be amended by the Fair Political Practices 14 Commission after public notices and hearings to conform to amendments to the Political 15 Reform Act;and 16 Whereas,any local agency may Incorporate this standard conflict of interest code, and thereafter need not amend the text of Its code to conform to future amendments to the 17 18 Political Reform Act or its regulations;and 19 Whereas, the Board of Supervisors Is the code reviewing body for all County departments except courts;and 20 Whereas, the Hoard of Supervisors may adopt the standard conflict of interest 21 code on behaif of all County departments. 22 Now therefore be it resolved,that the terms of 2 Califomia Code of Regulations 23 section 18730, and any amendments to it duly adopted by the Fair Political Practices 24 Commission, are hereby Incorporated by reference and, along with the Exhibits A and B 25 approved previously,today,or in the future, by this Board for each County department,in 26 which officers and employees are designated and disclosure categories are set forth, 27 28 1 EXHIBIT B constitute the conflict of interest codes of each County department except courts. 2 Conflict of lnterestforms shalt be filed as follows: 3 1. As required by Government Code Section 87800, subdivision (a), the 4 County Administrative Officer, District Attorney, County Counsel, and Auditor- 5 Contraller/Treasurer-Tax Collector shall file one original of their statements with the County 6 Clerk. who shall make and retain copies and forward the originals to the Pair Political 7 Practices Commisslon,which shall be the filing officer. The County Administrative Officer, 8 District Attorney,County Counsel,and Auditor-Controller/Treasurer-Tax Collector shall also 9 file one copy of their statements with the Claris to the Board of Supervisors. 10 2. As required by Government Code section 87500,subdivision Q),all other 11 department heads shall file one original of their statements with their departments, The filing 12 officer of each department shall make and retain a copy of the department head's statement 13 and shall forward the original to the Clerk to the Board of Supervisors. 14 3. All other designated employees shall file one original of their statements with 15 their departments. 1.6 Alt statements shall be public records and shalt be made available for public 47 inspection and reproduction. (Gov. Code, §81008.) Adopted at a regular meeting of the Board of Supervisors,held an the 23rd day 18 of Fehntaty ,by the following vote,to wit: 19 20 Ayes: Supervisors Kaligian, Case, Arambal.a, Oken, Levy 21 Noes: None 22 Absent: None 23 C N, $OAIM � 8S 24 .�2"rssT: SHM GREMMOQA, CLLUK 25 Bamm OF supLRVI3oAs 26 , 27 By `' F 28 F3Se 015123 Agenda #28 Resolution 1�99-086 2 .--EXHIBIT B EXHIBIT"A" PUBLIC WORKS AND PLANNING Classification Category Accountant I/ 11 2 Architect 1 Assistant Real Property Agent 1 Associate Real Property Agent 1 Building Inspector I /11 1 Building Plans Engineer 1 Capital Projects Division Manager 1 Chief Building inspector 1 Chief of Field Surveys 1 Community Development Manager 1 Consultant Deputy Director of Planning 1 Deputy Director of Public Works 1 Development Services Manager 1 Director of Public Works and Planning 1 Disposal Site Supervisor 2 Engineer I/11 /III 1 Field Survey Supervisor 3 Housing Rehabilitation Specialist I/11 1 Information Technology Analyst I/11/III/IV 2 Planner I/11/111 1 Principal Accountant 1 Principal Engineer 1 Principal Planner 1 Principal Staff Analyst 1 Public Works and Planning Business Manager 1 Public Works Division Engineer 1 Resources Manager 1 Road Maintenance Supervisor 2, 3 Road Superintendent 1 Senior Accountant 2 Senior Economic Development Analyst 1 Senior Engineer 1 Senior Engineering Technician 2 Senior Geologist 1 Senior Information Technology Analyst 2 Senior Planner 1 .-'-,-EXHIBIT B Classification Cateoory Senior Staff Analyst 1 Senior Systems and Procedures Analyst 2 Staff Analyst I/II/III t Supervising Accountant 2, 3 Supervising Building Inspector 1 Supervising Engineer 1 Supervising Water/Wastewater Specialist 2, 3 Systems and Procedures Analyst I/II/Ill 2 Systems and Procedures Manager 2 Traffic Maintenance Supervisor 2 * Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the code subject to the following limitation: The Director of Public Works and Planning may determine in writing that a particular consultant, although a "designated position", is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements in this section. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The Director of Public Works and Planning's determination is.a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code. EXHFBIT B EXHIBIT"I3" EUBLIG WORKS AND PLANNING 1. Persons in this category must disclose all investments, interests In real property and Income,and business positions. Financial Interests are reportable only If located within or subject to the jurisdiction of Fresno- County; or-if the business entlty is-doing business or planning to do business In the jurisdiction, or has done business within the jurisdiction at ank-tl'mee during the two year"s prlo'r"tci"thy filing of thb statement. Real property shall be deemed to be within the"jurisdiction" of the County if It Is located within or not more than two miles outside the boundaries of the County(including Its incorporated cities), or within two miles of any land owned or used by the County. 2. Persons In this category shall disclose all investments In, income from, and business positions with any business entity which,within the last two years,has contracted or In the future may forseeably contract with Fresno County through Its Public Works and Planning Department,.Saild Waste Commissions within the jurisdiction,or to any other joint powers agency which Fresno County is a member to provide services, supplies, materials,machinery, or equipment to the County. 3. Persons In the category shall disclose all interests In real property within the jurisdiction. Real Property shall be deemed to be within the jurisdiction if the property or any part of It Is located within or not more than two miles outside the boundaries of Fresno County(including its incorporated cities)or within two mile of any land owned or operated by the County.