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HomeMy WebLinkAbout32102AGREEMENT NO.15-225 1 AGREEMENT FOR PARTNERING CONSULTANT SERVICES 2 THIS AGREEMENT is made and entered into this 3-rci day of "S^oJL ,2015,between 3 County of Fresno, a political subdivision ofthe State of California, (hereinaftercalled"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, inaccordancewith COUNTY Ordinance CodeChapter 4.10 governingtheselection 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 8300; fax: (925)449-0945;email:suedyer@orgmet.com. -Page 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. Thesessionminutesaretobe 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 - 1 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: 11 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 ofwork 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 ofthe COUNTY Project Manager. The CONSULTANT and the COUNTY Project 20 Manager shall expressly confirm in writing the authorization and maximum cost forany 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 - 1 published by the California Department of Industrial Relations for the year,whichever is lower. 2 6. Ifthe 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 ofthe 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,6th 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 5.Concurrently with the invoices,the CONSULTANT shall certify (through copies of -Page 4 - 1 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 theforegoingcreatesinany 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 ofthe 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 ofactivities 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 ofthree (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 bythe COUNTY Capital Projects DivisionManager 28 or COUNTY Project Manager,in his/her sole and absolute discretion,as exempt from such requirement -Page 5 - 1 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 ofthe 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," isnotapplicable 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 rightto control or supervise ordirect the manner or method bywhich CONSULTANT shallperformits 28 work and function.However,COUNTY shall retain the right to administer this Agreement so as to -Page 6 - 1 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 lawand therules 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 behalfof itsemployees 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. Itis acknowledged that during the term of 10 this Agreement CONSULTANT may be providing services to others unrelated to the COUNTY or to 11 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 - 1 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, byCONSULTANT, itsofficers,agents,oremployees underthisAgreement,andfrom 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 bythe performance, or failureto perform, 22 of CONSULTANT,its officers,agents, or employees under this Agreement. 23 B.COUNTY and CONSULTANT hereby declare their mutual intent tocooperate inthe 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 cooperationmayincludean agreementto prepareand presenta cooperativedefenseafterconsultation 27 with CONSULTANT'S professional liability insurance carrier. 28 XX.LIABILITY INSURANCE -Page 8 - 1 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 - 1 insofarasthe operations underthis Agreementare concerned;that such coverageforadditional insured 2 shallapplyasprimaryinsurance andanyother insurance,or self-insurance,maintainedbyCOUNTY,its 3 officers,agentsandemployees, shallbeexcess onlyand notcontributing with insuranceprovidedunder 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. Ifthe Agreement is terminated during or at the completion of the PROJECT, acopy oftheall 17 documents shall be submitted byCONSULTANT tothe COUNTY, whichmayusethem tocompletethe 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 oftwo (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 delayisattributableto 28 the COUNTY or State),is sufficient cause to immediately terminate this Agreement at the option ofthe -Page 10- 1 COUNTY in accordance with Article XXIII.C. 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 bythe 10 COUNTY Representative in order to conclude the work performed to date of termination. 11 B. Ifthe 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 11 - Omissions Claims and Disputes"), were not expended inaccordance with the terms of this Agreement. The CONSULTANT shall promptly refund any such funds upon demand. 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 notbe allocated, 5 the scope of services provided may be modified, or this Agreement terminated atanytime bygiving 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 XXVI.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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed as of the day and year first above written. CONSULTANT BY TITLE:/^fc^^cLil^T7 Sue DyeivPresident OrgMetricsLLC 291 McLeod Street Livermore,California 94550 (925)449-8300 (925)449-0945 -Fax REVIEWED AND RECOMMENDED FOR APPROVAL J^KBY:^Z>€\Q ALAN WEAVER,DIRECTOR, DEPARTMENT of PUBLIC WORKS and PLANNING O rds. Budget Unit: 1910:Mim 150; 7530;8830 Various COU BY DEBORAH A.POOCHIGIAN, BOARD OF SUPERVISORS ATTEST: BERNICEE.SEIDELCIerKBoardofSupervisors' UNTY OF FRESNOO jlhrnkJUM By. Deputy AIRMAN APPROVED AS TO LEGAL FORM DANIEL C.CEDERBORG,COLJNTY COUNSEL BY: DEPUTY COUNTY COUNSEL APPROVED AS TO ACCOUNTING FORM VICKI CROW,C.P.A. AUDITOR-CONTROLLER/ TREASURER-TAX COLLECTOR -Page 13 Org-Metrics 291 McLeod Street Livermore,California 94550 EXHIBIT A 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 1 2 3 4 5 6 7 8 g 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 In the matter of EXHIBIT B File ffl5123 February 23,1999 Sesolution 099-086 BEFORE THE BOARD OF SUPERVISORS OF THE COUNTY OF FRESNO STATE OF CALIFORNIA rdS^nAJ?.tand^C0IfSt0r,ntBreSt Resolution #99-086Gode for Ail County Departments. Whereas,the Political Reform Act,Government Code section 81000 et seq., requiresstate and localgovemmentagenciesto adopt and promulgate conflict of Interest codes;and Whereas, the Fair Political Practices Commission has adopted a regulation,2 California Code of Regulations section 18730, which contains the terms of a standard conflict of interest code, and which may be amended by the Fair Political Practices Commission after publicnotices and hearings to conformto amendments tothe Political Reform Act;and Whereas, any local agencymayincorporate this standard conflict of Interest code, and thereafter need not amend the textof Us code to conformtofuture amendments tothe PoliticalReform Act or its regulations; and Whereas,the Board of Supervisors isthe code reviewing body for ail County departments except courts;and Whereas,the Board of Supervisors may adopt the standard conflict ofinterest code on behalf of ail County departments. Now therefore be It resolved, thattheterms of2 California Codeof Regulations section 18730,and any amendments to it duly adopted by the Fair Political Practices Commission,are hereby Incorporated byreference and, along with the Exhibits AandB approved previously,today, orinthe future,by this Boardforeach County department,in which officers and employees are designated and disclosure categories are set forth, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 .13 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT B constitute the conflict of interest codes of each County department except courts. Conflictof Interestforms shall be filed as follows: 1.As required by Government Code Section 87500,subdivision (e),the County Administrative Officer,District Attorney,County Counsel,and Audftor- Controller/Treasurer-Tax Collector shall file one original of their statements with the County Clerk,who shall make and retain copies and forward the originals to the Fair Political Practices Commission,which shall be the filing officer.The County Administrative Officer, District Attorney,County Counsel,and Audftor-Controller/rreasurer-Tax Collector shall also file one copy oftheir statements with the Clerk tothe Board ofSupervisors 2.As required by Govemment Code section 87500,subdivision (j),all other department heads shall file one original of their statements with their departments.The filing officer ofeach department shall make and retain a copy ofthe department head's statement and shall forward the original tothe Clerk tothe Board of Supervisors 3.AH otherdesignated employees shall file one original oftheir statements with their departments. Ail statements shall be public records and shall be made available for public inspection and reproduction.(Gov.Code,§81008.) Adopted ata regular meeting ofthe Board ofSupervisors,held on the 23rd day of February ,19 99.bythe following vote,to wit Ayes:Supervisors Koligian,Case,Araiabula,Otea,Levy Noes:None Absent:None ATTESTS SHARI GREENWOOD,CEEKK BOARD OF SUPERVISORS ^Uuon^y^z^L Pile 515123 Agenda #28 Resolution #99-086 2 EXHIBIT B EXHIBIT "A" PUBLIC WORKS AND PLANNING Classification Category Accountant I /II 2 Architect Assistant Real Property Agent Associate Real Property Agent Building Inspector I /II Building Plans Engineer Capital Projects Division Manager Chief Building inspector Chief of Field Surveys Community Development Manager Consultant Deputy Director of Planning Deputy Director of Public Works Development Services Manager Director of Public Works and Planning Disposal Site Supervisor Engineer 1/11/III Field Survey Supervisor Housing Rehabilitation Specialist I /II Information Technology Analyst I /II /III / IV Planner 1/11/ill Principal Accountant Principal Engineer Principal Planner Principal Staff Analyst Public Works and Planning Business Manager Public Works Division Engineer Resources Manager Road Maintenance Supervisor Road Superintendent Senior Accountant Senior Economic Development Analyst Senior Engineer Senior Engineering Technician Senior Geologist Senior Information Technology Analyst Senior Planner Senior-Real Property Agent EXHIBIT B Classification Category Senior StaffAnalyst 1 Senior Systems and Procedures Analyst 2 Staff Analyst!/II/ill 1 Supervising Accountant 2, 3 Supervising Building Inspector 1 Supervising Engineer 1 Supervising Water/Wastewater Specialist 2, 3 Systems and Procedures Analyst I /II /III 2 Systemsand Procedures Manager 2 Traffic MaintenanceSupervisor 2 Consultants shall be included in the listof designated employees and shall disclose pursuant to the broadest disclosure category in the code subject to the following limitation:The Directorof PublicWorks 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 ofthe 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 isa public record and shall be retained for public inspection in the same manner and location as this conflictof interest code. EXHIBIT B EXHIBIT "B" PUBLIC WORKS AND PLANNING 1.Persons In this categorymustdisclose all investments,Interests In real property and income,and business positions.Financial interests are reportable only iflocated within or subject to the jurisdiction of Fresno-County;or if the business entity is-doing business orplanning to do business Inthe jurisdiction,Drhas done business within the jurisdiction at any-time during the two years prior'to'the filing of the statement Real property shall be deemed to be withinthe "jurisdiction"of the CountyIfitis located withinor not more than two miles outside the boundaries of the County (including its incorporatedcities), or within twomilesofanyland owned or used bythe County. Z Persons in this category shall disclose all investments in,income from,and business positions with any business entity which,withinthe last two years,has contracted orin the future may forseeably contract with Fresno County through its PublicWorks and Planning Department,.SoBd Waste Commissionswithin the jurisdiction,ortoanyother jointpowers agency which Fresno Count/is a member to provlda services,supplies, materials,machinery,or equipment to the County. 3.Persons in the category shall disclose ail interests in real property within tha jurisdiction.Real Property shall be deemed to be within the jurisdictionifthe property or any partofItIslocated within or not morethan twomilesoutside the boundariesof Fresno County (including its incorporated cities)or withintwo mileofany landowned or operated by the County.