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Current Council Agenda and Past Meeting Information



Meeting Date: August 14, 2007

Subject/Title: Adopt a Resolution approving and authorizing the City Manager to execute an agreement with Contra Costa County Officials Inc., in a not to exceed amount $120,000 for fiscal years 2007/08 and 2008/09.

Prepared by: Tom Burt, Recreation Supervisor

Submitted by: Craig D. Bronzan, Director of Parks and Recreation

Adopt a Resolution approving and authorizing the City Manager to execute an agreement with Contra Costa County Officials Inc., in a not to exceed amount $120,000 for fiscal years 2007/08 and 2008/09.

On March 13, 2007 City Council approved the amendment to the Contra Costa County Officials, Inc. purchase order for an additional $27,000 for a total amount of $60,000 for officiating services during the months of March through June, 2007.

Contra Costa County Officials Inc. have provided officiating services to the City for a variety of sporting leagues including flag football, softball and basketball. Over the last several years, the popularity and participation in all areas of recreational sporting activities has grown. The steady growth rate has caused an increase in demand for services from Contra Costa County Officials, Inc.

The sporting leagues officiated by Contra Costa County Officials, Inc. include:
Adult Men’s Softball
Adult Women’s Softball
Adult Coed Softball
Adult Men’s Flag Football
Adult Men’s Basketball

All costs are offset by participant registration fees for the leagues listed above, and are charged to the respective account codes. The total amount of the contract is $120,000 with $60,000 budgeted for 2007/08 and $60,000 for 2008/09. All funds are included in the Parks and Recreation 2007/2009 approved Operating Budget.

Agreement for Professional Services



WHEREAS, the popularity and participation of youth and adult sports in the City of Brentwood has increased over the last several years; and

WHEREAS, Contra Costa Officials Inc. is an organization that provides sport officials for a variety of youth and adult sporting leagues; and

WHEREAS, the City of Brentwood has established a good working relationship with Contra Costa Officials, Inc. who have provided excellent officiating services for youth and adult recreational sporting leagues.

NOW THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood does hereby approve and authorize the City Manager to execute an officiating services agreement with Contra Costa Officials Inc. for a not-to-exceed dollar amount of $120,000 over the period of two years, $60,000 in 2007/08 and $60,000 in 2008/09.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 14th day of August 2007 by the following vote:


(Contra Costa County Official, Inc.)

THIS AGREEMENT made and entered into this __ day of ___________, 200_ by and between the CITY OF BRENTWOOD, a municipal corporation existing under the laws of the State of California (“City”), and Contra Costa County Officials, Inc., a sports officiating service. ("Consultant”).


A. City desires certain officiating services in connection with City sponsored sports leagues.

B. City desires to engage Consultant to provide these services by reason of its qualifications and experience performing such services and Consultant has offered to provide the required services on the terms and in the manner set forth herein.

C. Consultant represents that it qualified to perform the services described in this Agreement and has special expertise in the performance of sound system services for public agencies.

NOW, THEREFORE, City and Consultant agree as follows:


The scope of services subject to this agreement and to be performed by Consultant is described in Exhibit “A”, Scope of Services, attached hereto and incorporated herein (the “Services”).


A. Consultant acknowledges that in entering into this agreement the City is relying upon Consultant's special skills and experience to do and perform the Services in accordance with best standards of professional practice. Consultant agrees to perform the services in accordance with these standards. The acceptance of Consultant's services by City does not operate as a release of Consultant from these obligations.

B. Consultant accepts the relationship of trust and confidence established between it and City by this Agreement. Consultant shall use its best efforts, skill, judgment, and abilities to assist and work with City to perform the Services.

C. Consultant shall perform the Services in full compliance with applicable federal, state and local laws and regulations in effect at the time the Services are rendered (collectively, "Applicable Laws").

D. Consultant shall be responsible for engaging all persons necessary to perform the Services. All of Consultant's staff shall be qualified by training and experience to perform their assigned tasks. Consultant shall give its personal attention to the fulfillment of the provisions of this Agreement by all of its sub-Consultants, if any, and shall keep the Services under its control. If any sub-Consultant of Consultant fails or refuses to carry out the provisions of this Agreement or appears to be incompetent or to act in a disorderly or improper manner, he or she shall be discharged immediately from the work under this Agreement on demand of City.

E. The Services are unique and personal. Consultant shall not assign or transfer any of its interest or obligation under this Agreement without the City's written consent. Consultant shall not subcontract its duties under this Agreement without the City's written consent. No sub-consultant will be recognized by City as such; rather, all sub-consultants are deemed to be the agents of Consultant, and Consultant agrees to be responsible for their performance.


The Services shall be provided by Consultant as an independent contractor as defined in Labor Code 3353, under the control of the City as to the result of the work but not the means by which the result is accomplished, and nothing herein contained shall be construed to make Consultant an agent or employee of the City while providing the Services. Consultant shall be entitled to no other benefits or compensation except as provided in this Agreement.


A. The term of this Agreement shall begin on the date first written above and unless earlier terminated shall expire at the end of two years from the beginning of the term.

B. Consultant shall promptly commence performance of the Services upon execution of this Agreement, and shall diligently pursue performance of the Services until completion.


A. City shall pay Consultant for full and faithful performance of Basic Services not to exceed amount of $120,000 at the rate described in Exhibit “A”. Services will be provided over the period of two fiscal years at $60,000 for 2007/08 and $60,000 for 2008/09.

B. Consultant shall submit written applications for progress payments in a form satisfactory to City on or before the first day of each month on account of the Services provided during the preceding month. The payment applications shall identify each person performing services.

C. Within ten (10) days after receipt of each application for progress payment, City shall verify the accuracy of the progress payment application, correct the charges where appropriate, and make payment to Consultant in an amount equal to the amount of such application, as verified or corrected by City. City reserves the right to withhold payment from Consultant on account of Services not performed satisfactorily, delays in Consultant's performance of Services, or other defaults hereunder.

D. If City disagrees with any portion of a billing, the City shall promptly notify Consultant of the disagreement, and the City and the Consultant shall attempt to resolve the disagreement. City’s payment of any amounts shall not constitute a waiver of any disagreement and City shall promptly pay all amounts not in dispute.

E. Consultant shall maintain complete and accurate records of the number of hours worked by persons and Reimbursable Expenses on the Project during each phase under this Agreement. All such records shall be maintained on a generally accepted accounting basis and shall be clearly identified and readily accessible. City shall have the right to examine and copy such books and records at all times. Consultant shall permit the City to examine and audit those books and records, shall permit the City to make copies of those books and records, and shall permit the City to inspect all work data, documents, proceedings and activities related to this Agreement for a period of three (3) years from the date of final payment under this Agreement. All accounting records shall provide an understandable breakdown of costs charged to this Agreement.


Consultant understands that its professional responsibility is solely to City. Consultant warrants that it presently has no interest, and will not acquire any direct or indirect interest, that would conflict with its performance of this Agreement. Consultant shall not knowingly, and shall take reasonable steps to ensure that it does not, engage the services of a sub consultant having such an interest in the performance of this Agreement. If after engaging in the services of a sub consultant, Consultant discovers that it the sub consultant has a direct or indirect interest that would conflict with its performance of this Agreement, Consultant shall promptly disclose the relationship to the City and take such action as the City may direct to remedy the conflict.


A. If Consultant at any time refuses or neglects to prosecute its Services in a timely fashion or is adjudicated a bankrupt, or commits any act of insolvency, or makes an assignment for the benefit of creditors without City's consent, or fails to make prompt payment to persons furnishing labor, equipment, or materials, or fails in any respect to properly and diligently prosecute its services, or otherwise fails to perform fully any and all of the agreements herein contained, Consultant shall be in default.

B. If Consultant fails to cure the default within seven (7) days after written notice thereof, City may, at its sole option, provide any such work, labor, or materials as may be necessary to overcome the default and deduct the cost thereof from any money then due or thereafter to become due to Consultant under this Agreement; or (2) terminate Consultant's right to proceed with this Agreement.

C. In case of such default termination, Consultant shall not be entitled to receive any further payment under this Agreement until one year from the beginning of the Agreement term.

D. In addition to the foregoing right to terminate for default, City reserves the absolute right to terminate this Agreement without cause, upon 72-hours' written notice to Consultant. In the event of termination without cause, Consultant shall be entitled to payment in an amount not to exceed the total contract amount for services satisfactorily rendered and not paid.


Consultant shall, with respect to all Services performed in connection with this Agreement, defend, indemnify, and hold the City of Brentwood, its elected and appointed officers, employees, and volunteers harmless from and against any and all liens and Claims by firms or individuals claiming through Consultant, and all Claims for compensation, the death or bodily injury to persons, injury to property, or other loss, damage, or expense arising from or related to the Services of Consultant. Consultant shall not be obligated under this Agreement to indemnify City to the extent that the damage is caused by the sole or active negligence or willful misconduct of City, program participants, its agents or employees.


A. Consultant shall, at all times it is performing Services under this Agreement, provide and maintain insurance in the following types and with limits no less than the following amounts:

1. Commercial General Liability Insurance, occurrence form, with a limit of not less than $1,000,000 each occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or be no less than two (2) times the occurrence limit;

2. Automobile Liability Insurance, occurrence form, with a limit of not less than $1,000,000.00 each occurrence. Such insurance shall include coverage for owned, hired, and non-owned automobiles.

3. Workers Compensation in at least the minimum statutory limits.

4. Employers Liability Insurance, with minimum limits of $1 million per occurrence.

B. General Provisions:

1. Consultant's general and automobile liability insurance policies shall be endorsed to name the City of Brentwood, its elected and appointed officers, employees, and volunteers as additional insured with respect to this Agreement and the performance of services in this Agreement. The coverage shall contain no special limitations on the scope of its protection to the above-designated insured except for Workers Compensation and errors and omissions insurance.

2. Consultant's general and automobile liability insurance policies shall be endorsed so that they are primary with respect to any insurance or self-insurance programs of City, its officers, employees, and volunteers.

3. Before performing any services under this Agreement, Consultant shall provide evidence of the required coverage and limits, and properly executed policy endorsements satisfactory to City.

4. By signing this agreement, Consultant certifies that is has no employees. Should this status change during the term of this agreement, consultant shall obtain workers compensation insurance in at least the statutory limits and employee’s liability insurance with minimum limits of $1 million per occurrence.

5. No changes in insurance may be made without the written approval of the City.


The waiver by either party of any breach or violation of any term, covenant, or condition of this agreement or of any provisions of any ordinance or law shall not be deemed to be a waiver of such term, covenant, condition, ordinance or law or of any subsequent breach or violation of same or of any other term, covenant, condition, ordinance or law or of any subsequent breach or violation of the same or of any other term, condition, ordinance, or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, covenant, or condition of this agreement of any applicable law or ordinance.

Attorney fees in an amount not exceeding Eighty Five Dollars ($85.00) per hour per attorney, and in total amount not exceeding Five Thousand Dollars ($5,000.00), shall be recoverable as costs (by the filing of a cost bill) by the prevailing party in any action or actions to enforce the provisions of the agreement. The above $5,000 limit is the total of attorneys’ fees recoverable whether in the trial court, appellate court, or otherwise, and regardless of the number of attorneys, trials, appeals, or actions. It is the intent of this agreement that neither party shall have to pay the other more than $5,000 for attorneys’ fees arising out of an action, or actions to enforce the provisions of this agreement.


Consultant warrants that it is an Equal Opportunity Employer and shall comply with applicable regulations governing equal employment opportunity. Neither Consultant nor any of its subcontractors shall discriminate in the employment of any person because of race, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, or age, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment and Housing Act.


Should any dispute arise out of this Agreement, either party may request that it be submitted to mediation. The parties shall meet in mediation within 30 days of a request. The cost of mediation shall be borne equally by the parties. Neither party shall be deemed the prevailing party. No party shall be permitted to file a legal action without first requesting mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator shall last until agreement is reached by the parties but not more than 60 days, unless the maximum time is extended by the parties.


Consultant shall testify at City's request if litigation is brought against City in connection with Consultant's services under this agreement. Unless the action is brought by Consultant, or is based upon Consultant's actual or alleged negligence or other wrongdoing, City shall compensate Consultant for time spent in preparation for testimony, testimony, and travel at Consultant's standard hourly rates at the time of actual testimony.


All notices hereunder shall be given in writing and mailed, postage prepaid, addressed as follows:

To City: City of Brentwood
150 City Park Way
Brentwood, CA 94513

To Consultant: Gary Abono, Representative
1508 Limewood Place
Pittsburg, CA 94565

This document represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, and agreements, either written or oral.

This document may be amended only by written instrument signed by both City and Consultant.

All Exhibits referenced in or attached to this Agreement are incorporated herein by this reference.


This Agreement shall be governed by the laws of the State of California.

IN WITNESS WHEREOF, City and CONSULTANT have executed this Agreement the day and year first above written.


________________________________ _____________________________
Title: _________________________

ATTEST: Gary Abono, Representative

Margaret Wimberly, CMC, City Clerk


Damien B. Brower, City Attorney



Contra Costa County Officials, Inc. will provide referees or umpires as requested by the City of Brentwood for youth and adult sporting activities.

The fee schedule per game per official for the 2007/08 & 2008/09 seasons will be:

Flag Football Referee $28.00 per game
Basketball Referee $28.00 per game
Softball Umpire $20.00 per game


City Administration
City of Brentwood City Council
150 City Park Way
Brentwood, CA 94513
(925) 516-5440
Fax (925) 516-5441