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Home My WebLink AboutMINUTES - 09101996 - C118 TO: ' BOARD OF SUPERVISORS Contra -; FROM: Phil Batchelor, County Administrator Costa z County DATE: August 29, 1996 SUBJECT: Agreement for Year 2000 Consultant SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION 1. RECOMMENDED ACTION: Approve and authorize the Chair of the Board of Supervisors to execute on behalf of the County an agreement amendment with Abolghasem Malekani to provide Project Year 2000 programming services increasing the payment limit from $25,000 to $105,500 and extending the expiration date to June 30, 1997. H. This action if approved will not result in any increased cost to Information Technology. 0 lla. REASON FOR RECOMMENDATION AND BACKGROUND: Contra Costa County faces a similar situation as many other organizations, in that its present COBOL applications will not be capable of properly manipulating date information effective January 1, 2000. Based on the recommendation of Data Dimensions Inc., a consulting firm hired to assist with the planning of this conversion, the Department of Information Technology (DoIT) has started converting these COBOL application to be ready for the Year 2000 processing. DoIT is contracting with Abolghasem Malekani, as limited internal resource makes it necessary to use contract help so program conversation dates are met and the applications are ready to process on schedule IV. CONSEQUENCES OF NEGATIVE ACTION: If this request is not approved, DoIT will not have the sources complete e conversions on time. CONTINUED ON ATTACHMENT: YES SIGNATURE: r RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOAIND COMMITTEE APPROVE OTHER SIGNATURE (S): ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. Q p ATTESTED D a4 Lo�j11�1.63t_! ��_!?(. Contact: PHIL BAT HELOR,CLERK OF THE BOARD OF CC: CAO SUPERVISORS AND COUNTY ADMINISTRATOR Information Technology BY DEPUTY 9-i0-9/9 e,il8 Contra Costa County SHORT FORM SERVICE Number: Standard Form 1/88 CONTRACT EXTENSION AGREEMENT Fund: Account: 1. Identification of Contract to be Extended. Number: 53938 Effective Date: June 17, 1996 through September 20, 1996 Department: CAO/Department of Information Technology Subject: Consulting Agreement 2. Parties. The County of Contra Costa, California (County), for its Department named above, and the following named Contractor mutually agree and promise as follows: Contractor: Abolghasem Malekani Capacity: Taxpayer ID#323-68-5530 Address: 2214 Arden Way#284 Sacramento, Ca. 95825 3. Extension of Term. The term of the above described contract between the parties hereto is hereby extended from September 20, 1996 to June 30, 1997 unless sooner terminated as provided in said contract. 4. Payment Limit. Including the extended term of the contract, the maximum amount payable by the County under this Contract shall not exceed $105,500.00. (increase of$80,500) 5. Other Provisions. As to the term during which the above described contract is extended, the parties mutually agree to those Special Provisions (if any) attached hereto, which are incorporated herein by reference. 6. Signatures. These signatures attest the parties' agreement hereto: COUNTY OF CONTRA COSYAOCAUFORNIA CONTRACTOR Chair, Bo d S p v' _bPs By: By: Approved: County Administrator (Designate business capacity A) By: By: D signee Recommended by Department: (Designate business capacity B) By: �_ [Form approved by County Counsel] Designee Note to Contractor: For corporations (profit or nonprofit), the Contract must be signed by two officers. Signatures A must be that of the president or vice-president and Signature B must be that of the secretary or assistant secretary (Civil Code Sec. 1190.1 and Corporations Code Sec. 313). Contra Costa.County Number: Opy Standard Form 1/88 SHORT FORM SERVICE CONTRACT Fund: ( O Account: 1. Contract Identification: Department: CAO/Data Processing Services Subject: Consulting Agreement 2. Parties. The County of Contra Costa, California (County, for its Department named above, and the following named Contractor mutually agree and promise as follows. Contractor: Abolghasem Malekani Capacity: Taxpayer ID#323-68-5530 Address: 2214 Arden Way#284 Sacramento, Ca. 95825 3. Term: The effective date of this Contract is June 17, 1996 and it terminates September 20, 1996 unless sooner terminated as provided herein. 4. Termination. The Contract may be terminated by either party, at its sole discretion, upon ten day advance written notice thereof to the other, and may be canceled immediately by written mutual consent. 5. Payment Limit. County's total payment to Contractor under this Contract shall not exceed $25,000. 6. County's Obligations. In consideration of Contractors provision of services as described below, and subject to the payment limit expressed herein, County shall pay Contractor, upon Contractor's submission of a properly documented demand for payment (County Demand Form D-15) which shall be submitted not later than 45 days from the end of the month in which the contract services were rendered, and upon approval of such demand by the head of the County Department for which this Contract is made or his designee as follows: fg) a. FEE RATE: $50.00 per service unit: M hour, or ❑ session, as defined; or ❑ calendar_(Insert day, week or month) Not to exceed a total of 500 service units. ❑ b. Payment in full after approval by the Department. ❑ c. As set forth in the attached Payment Provisions. 7 Contractor's Obligations. Contractor shall provide those services and carry out that work described below: Programming assistance for the County Year 2000 conversion project. B. Compliance with Law. Contractor shalt be subject to and comply with all Federal, State and local laws and regulations applicable with respect to its performance under this Contract, including but not limited to, licensing, employment and purchasing practices; and wages, hours and conditions of employment, including non- discrimination. 9. Non-discriminatory Services. Contractor agrees that all goods and services under this Contract shall be available to all qualified persons regardless of age, sex, race, religion, color, national origin, or ethnic background, or handicap, and that none shall be used, in whole or in part, for religious worship or instruction. 10. Independent Contractor Status. This Contract is by and between two independent contractors and is not intended to and shall not be construed to create the relationship between the parties of agent, servant, employee, partnership, joint venture or association. 11. Disputes. Disagreements between the County and Contractor concerning the meaning, requirements, or performance of this Contract shall be subject to final determination in writing by the head of the County Department for which this Contract is made or his designee or in accordance with the applicable procedures (if any) required by the State or Federal Government. 12. Access to Books and Records of Contractor. Subcontractor. Pursuant to Section 1861 (v)(1) of the Social Security Act„ and any regulations promulgated thereunder, Contractor shall, upon written request and until the expiration of four years after the furnishing of services pursuant to this Contract, make available to the Secretary of Health and Human Services or to the Comptroller General, or any of their duly authorized representative, this Contract and books, documents, and records of Contractor that are necessary to certify the nature and extent of all costs and charges hereunder. Further, if Contractor carries out any of the duties of this Contract through a subcontract with a value or cost of $10,000 or more over a twelve month period, such subcontract shall contain a clause to the effect that upon written request and until the expiration of four years after the furnishing of services pursuant to such subcontract, the subcontractor shall make available, to the Secretary, the Comptroller General, the County, or any of their duly authorized representatives, the subcontract and books, documents, and records of the subcontractor that are necessary to verify the nature and extent of all costs and charges hereunder. This special condition is in addition to any and all other terms regarding the maintenance or retention of records under this Contract and is binding on the heirs, successors, assigns and representatives of Contractor. 13. Reporting Requirements. Pursuant to Government Code Section 7550, Contractor shall include in all documents or written reports completed and submitted to County in accordance with this Contract, a separate section listing the numbers and dollar amounts of all contracts and subcontracts relating to the preparation of each such document or written report. This section shall apply only if the payment limit under this Contract exceeds$5,000. 14. Indemnification. As to the services provided hereunder, Contractor shall be regarded as an employee of the County for purposes of the Tort Claims Act (Gov. Code section 825, et. seq.) and be protected by the same immunities and rights to indemnification extended by the Act to public employees. 15. Insurance. During the entire term of this contract and any extension or modification thereof, Contractor shall keep in effect a policy or policies of motor vehicle liability insurance for any use Contractor makes of a private automobile in the performance of this contract, as required by the State. 16. Legal Authority. This contract is entered into under and subject to the following legal authorities: California Government Code Sections 26227 and 31000. 17. Signatures. these signatures attest the parties' agreement hereto: COUNTY QF CONTRA COSTA CALIFORNIA CONTRACTOR By- By. Designee (Designate official capacity) Approved: County Administrator By: Design Recommended by Department By: a4& -<—>-0-� Designee (Form approved by County Counsel) ACKNOWLEDGMENT STATE OF CALIFORNIA ) ) ss. COUNTY OF CONTRA COSTA) On 114viO- )9, 19 9 6 , before me, Cn fk J-Y (insert name and title of the officer), personally appeared .4 A4 e 4,0 personally known to me (or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ,)ACK. B. C00Qt-r: J�. I( Ct R1N. 9g9252 X; -.`_ Public-California rn ~s f,_:z': JCC°r,I'"lA 0 0 S T A CuU'JTY WITNESS MY HAND AND OFFICIAL SEAL. T / . {;T x, (Seal) ACKNOWLEDGMENT (by Corporation, Partnership, or Individual) (Civil Code§1189)