CITY COUNCIL AGENDA ITEM
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
The sporting leagues officiated by Contra Costa County Officials, Inc.
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
RESOLUTION NO. 2007-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING AND
AUTHORIZING THE CITY MANAGER TO EXECUTE AN OFFICIATING SERVICES AGREEMENT
WITH CONTRA COSTA OFFICIALS, INC., NOT TO EXCEED $120,000 FOR FISCAL YEARS
2007/08 AND 2008/09.
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:
SECTION 1 – SCOPE OF SERVICES
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”).
SECTION 2 – CONSULTANT'S REPRESENTATIONS AND RESPONSIBILITIES
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
SECTION 3 - INDEPENDENT CONTRACTOR
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
SECTION 4 - TERM, PROGRESS AND COMPLETION
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.
SECTION 5 - PAYMENT
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.
SECTION 6 - CONFLICT OF INTEREST
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.
SECTION 7 - TERMINATION
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.
SECTION 8 – INDEMNITY
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.
SECTION 9 – INSURANCE
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
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
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
5. No changes in insurance may be made without the written approval of the
SECTION 10 - WAIVERS
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.
SECTION 11 - COSTS AND ATTORNEYS FEES
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.
SECTION 12 - NON-DISCRIMINATION
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.
SECTION 13 - MEDIATION
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.
SECTION 14 - LITIGATION
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.
SECTION 15 - NOTICES
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
SECTION 16 – AGREEMENT CONTAINS ALL UNDERSTANDINGS; AMENDMENT
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
All Exhibits referenced in or attached to this Agreement are incorporated
herein by this reference.
SECTION 17 – GOVERNING LAW
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.
CITY OF BRENTWOOD CONSULTANT
DONNA LANDEROS, City Manager
ATTEST: Gary Abono, Representative
Margaret Wimberly, CMC, City Clerk
APPROVED AS TO FORM:
Damien B. Brower, City Attorney
SCOPE OF SERVICES
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
Flag Football Referee $28.00 per game
Basketball Referee $28.00 per game
Softball Umpire $20.00 per game