HomeMy WebLinkAboutMINUTES - 07221997 - C37 TO: BOARD OF SCPERVISORS Contra
Phil Batchelor, County Administrator Costa
FROM:
County
DATE: July 10, 1997
A COOK
SUBJECT: Agreement for LAN/WAN Technical Support
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)d BACKGROUND AND JUSTIFICATION
I. RECOMMENDED ACTION:
Approve and authorize the Chair of the Board of Supervisors to execute an
agreement with Ryno Imaging Systems, Inc. to provide LAN/WAN Technical Support
for the period July 1, 1997 to June 30, 1998.
II. FINANCIAL IMPACT:
This action if approved will not result in any increased cost to Department of Information
Technology.
III. REASON FOR RECOMMENDATION AND BACKGROUND:
Many county departments started using Local Area Networks (LAN) and Wide Area
Networks (WANs) as a way to enable their staffs to have access to more and better
automated data. This is relatively new technology and like many organizations we do not
have fully trained staff to service all the demands of our users. We have initiated this
contract with Ryno so their LAN/WAN technical staff can assist our staff. We are
developing an in-house staff, but until we have adequately trained Network staff we will
need to use outside assistance to meet the demand.
IV. CONSEQUENCES OF NEGATIVE ACTION:
If the request is not approved, Department of Information Technology will not be able to
provide timely technical support to our users.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
S-
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE (S):
ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER
7UNANIMOUS
OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
(ABSENT V 1 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.
CC: Department of Information Technology -2 Copics ATTESTED
CAO- I copy PHIL TCHE R,CLERK OF THE BOARD OF
Auditor- 1 copy SUPERVISORS AND COUNTY ADMINISTRATOR
M382 (10/88)
BY , I DEPUTY
., _ 7-aaa-TI C .37
Contra Costa County Number.-
Standard
umber:Standard Form 1/87 STANDARD CONTRACT Fund: 1070
(Purchase of Services) Account: 2310
1. Contract Identification:
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: Ryno Imaging System Inc.
Address: 4271 Park Road Taxpayer ID: 68-0145636
Benicia, Ca. 94510
3. Term: The effective date of this Contract is July 1, 1997 and it terminates June 30, 1998 unless sooner terminated
as provided herein.
4. Payment Limit. County's total payments to Contractor under this Contract shall not exceed $250,000.
5. County's Obligations. County shall make to the Contractor those payments described in the Payment Provisions
attached hereto which are incorporated herein by reference, subject to all the terms and conditions contained or
incorporated herein.
6. Contractor's Obligations. Contractor shall provide those services and carry out that work described in the Service
Plan attached hereto which is incorporated herein by reference, subject to all the terms and conditions contained or
incorporated herein.
7. General and Special Conditions. This Contract is subject to the General Conditions and Special Conditions (if any)
attached hereto, which are incorporated herein by reference.
8. Project. This Contract implements in whole or in part the following described Project, the application and approval
documents of which are incorporated herein by reference: Schedule A is made a part of this contract.
9. Legal Authority. This Contract is entered into under and subject to the following legal authorities: California
Government Code Section 26227 and 3100.
10. Signatures. These signatures attest the parties' agreement hereto:
COUNTY OF CONTRA COSTA, CALIFORNIA
BOARD OF SUPERVISORS Attest: Phil Batchelor, Clerk of the Board
of Supervisors and County Administrator
By: By: 3
C airman/Designee Deputy
CONTRACTOR re
By: By. '�✓��
(D ignate official business capacity A.) (Designate official usiness cap city B.)
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). All signatures must be acknowledged as set forth on page two.
Contra Costa County Standard Form (Rev. 1/95)
APPROVALS/ACKNOWLEDGMENT Number
APPROVALS
RECOMMENDED BY DEPARTMENT FORM APPROVED
COUNTY COUNSEL
By: By: ilk .........................
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APPROVED: COUNTY ADMINISTRAT
By:
44L4 �e-�
Designee
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ACKNOWLEDGMENT
STATE OF CALIFORNIA )
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COUNTY OF-GGN-T-RA-GOS-TA)
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On -7- 97 before me, (insert name and title of the officer),
personally appearedS i 4 \o—� k:'>� u
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personally known to me (or prov d 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.
WITNESS MY HAND AND OFFICIAL SEAL.
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CONSTANCE L.CHANCE
IL „�. COMM. 1062173
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ACKNOWLEDGMENT (by Corporation, Partnership, or Individual)
(Civil Code §1189)
Contra Costa County Standard Form 1/87
Number
PAYMENT PROVISIONS
(Fee Basis Contracts)
1. Payment Amounts. Subiect to the Payment Limit of this Contract and subject to the following Payment Provisions,
County will pay Contractor the following fee as full compensation for all services, work, expenses or costs provided or
incurred by Contractor.
(Check one alternative only.)
❑ a. $ monthly, or
D b. $ as defined in the Schedule A, or
❑ c. $ after completion of all obligations and conditions herein.
❑ d. $
2. Payment Demands. Contractor shall submit written demands. Said demands shall be made on County Demand
Form D-15 and in the manner and form prescribed by County. Contractor shall submit said demands for payment no
later than 30 days from the end of the month in which the Contract services upon which such demand is based were
actually rendered. Upon approval of said payment demands by the head of the County Department for which this
Contract is made, or his designee, County will make payments as specified in paragraph 1. (Payment Amounts)
above.
3. Right to Withhold. County has the right to withhold payment to the Contractor when, in the opinion of the County
expressed in writing to the Contractor, (a) the Contractor's performance, in whole or in part, either has not been
carried out or is insufficiently documented, (b) the Contractor has neglected, failed or refused to furnish information
or to cooperate with any inspection, review or audit of its program, work or records, or (c) Contractor has failed to
sufficiently itemize or document its demand(s) for payment.
4. Audit Exceptions. Contractor agrees to accept responsibility for receiving, replying to, and/or complying with any
audit exceptions by appropriate County, State or Federal Audit Agencies occurring as a result of its performance of
this Contract. Contractor also agrees to pay to the County within 30 days of demand by County the full amount of the
County's obligation, if any, to the State and/or Federal government resulting from any audit exceptions, to the extent
such are attributable to the Contractor's failure to perform properly any of its obligations under this Contract.
initials:— R i�5 �
Contractor County Dept.
Contra Costa County Standard Form 1/87
Number
GENERAL CONDITIONS
(Purchase of Services)
1. Compliance with Law. Contractor shall 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
nondiscrimination.
2. Inspection. Contractor's performance, place of business and records pertaining to this Contract are subject to
monitoring, inspection, review and audit by authorized representatives of the County, the State of California, and
the United States Government..
3. Records. Contractor shall keep and make available for inspection and copying by authorized representatives of
the County, the State of California, and the United States Government, the Contractor's regular business records
and such additional records pertaining to this Contract as may be required by the County.
a. Retention of Records. The Contractor shall retain all documents pertaining to this Contract for five years
from the date of submission of Contractor's final payment demand or final Cost Report; for any further
period that is required by law; and until all Federal/State audits are complete and exceptions resolved for
this Contract's funding period. Upon request, Contractor shall make these records available to authorized
representatives of the County, the State of California, and the United States Government
b. 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 County, to the Secretary or to the Comptroller General, or any of
their dully 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 thereunder.
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 representative of Contractor.
4. 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.
5. Termination.
a. Written Notice. This Contract may be terminated by either party, at their sole discretion, upon thirty-day
advance written notice thereof to the other, and may be canceled immediately by written mutual consent.
b. Failure to Perform The County, upon written notice to Contractor, may immediately terminate this Contract
should the Contractor fail to perform properly any of its obligations hereunder. In the event of such
termination, the County may proceed with the work in any reasonable manner it chooses. The cost to the
County of completing Contractor's performance shall be deducted from any sum due the Contractor under
this Contract, without prejudice to the County's rights otherwise to recover its damages.
c. Cessation of Funding. Notwithstanding Paragraph 5.a. above, in the event that Federal, State, or other
non County funding for this Contract ceases, this Contract is terminated without notice.
6. Entire Agreement. This Contract contains all the terms and conditions agreed upon by the parties. Except as
expressly provided herein, no other understanding, oral or otherwise, regarding the subject matter of this
Contract shall be deemed to exist or to bind any of the parties hereto.
7. Further Specifications for Operating Procedures. Detailed specifications of operating procedures and
budgets required by this Contract, including but not limited to, monitoring, evaluating, auditing, billing, or
regulatory changes, may be developed and set forth in a written Informal Agreement between the Contractor and
the County. Such Informal Agreements shall be designated as such and shall not be amendments to this
Contract except to the extent that they further detail or clarify that which is already required hereunder. Such
Informal Agreements may not enlarge in any manner the scope of this Contract, including any sums of money to
be paid the Contractor as provided herein. Informal Agreements may be approved and signed by the head of the
County Department for which this Contract is made or his designee.
8. Modifications and Amendments.
a. General Amendments. This Contract may be modified or amended by a written document executed by the
Contractor and the Contra Costa County Board of Supervisors or, after Board approval, by its designee,
subject to any required State of Federal approval.
b. Administrative Amendments. Subject to the Payment Limit, the Payment Provisions and the Service Plan
may be amended by a written administrative amendment executed by the Contractor and the County
Administrator or his designee, subject to any required State or Federal approval, provided that such
administrative amendments may not materially change the Payment Provisions or the Service Plan.
9. 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.
10. Choice of Law and Personal Jurisdiction.
a. This Contract is made in Contra Costa County and shall be governed and construed in accordance with the
laws of the State of California.
b. Any action relating to this Contract shall be instituted and prosecuted in the courts of Contra Costa County,
State of California.
11. Conformance with Federal and State Regulations and Laws. Should Federal or State regulations or laws
touching upon the subject of this Contract be adopted or revised during the term hereof, this Contract shall be
deemed amended to assure conformance with such Federal or State requirements.
12. No Waiver by County. Subject to Paragraph 9. (Disputes) of these General Condition, inspections or approvals,
or statements by any officer, agent or employee of the County indicating the Contractor's performance or any
part thereof complies with the requirements of this Contract, or acceptance of the whole or any part of said
performance, or payments therefor, or any combination of these acts, shall not relieve the Contractor's obligation
to fulfill this Contract as prescribed; nor shall the County be thereby estopped from bringing any action for
damages or enforcement arising from any failure to comply with any of the terms and conditions of this Contract.
13. Subcontract and Assignment. This Contract binds the heirs, successors, assigns and representatives of
Contractor. The Contractor shall not enter into subcontracts for any work contemplated under this Contract and
shall not assign this Contract or monies due or to become due, without the prior written consent of the County
Administrator or his designee, subject to any required State or Federal approval.
14. 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.
15. Conflicts of interest. Contractor, its officers, partners, associates, agents, and employees, shall not make,
participate in making, or in any way attempt to use the position afforded them by this Contract to influence any
governmental decision in which he or she knows or has reason to know that he or she has a financial interest
under California Government Code Sections 87100, et seq., or otherwise.
Contra Costa County Standard Form 1/87
Number
GENERAL CONDITIONS
(Purchase of Services)
16. Confidentiality. Contractor agrees to comply and to require its officers, partners, associates, agents and
employees to comply with all applicable State or Federal statutes or regulations respecting confidentiality,
including but not limited to, the identity of persons served under this Contract, their records, or services provided
them, and assures that:
a. All applications and records concerning any individual made or kept by Contractor or any public officer or
agency in connection with the administration of or relating to services provided under this Contract will be
confidential, and will not be open to examination for any purpose not directly connected with the
administration of such service.
b. No person will publish or disclose or permit or cause to be published or disclosed, nay list of persons
receiving services, except as may be required in the administration of such service. Contractor agrees to
inform all employees, agents and partners of the above provisions, and that any person knowingly and
intentionally disclosing such information other than as authorized by low may be guilty of a misdemeanor.
17. Nondiscriminatory 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.
18. Indemnification. The Contractor shall defend, indemnity, save, and hold harmless the County and its officers
and employees from any and all claims, costs and liability for any damages, sickness, death, or injury to
person(s) or property, including without limitation all consequential damages, from any cause whatsoever arising
directly or indirectly from or connected with the operations or services of the Contractor or its agents, servants,
employees or subcontractors hereunder, save and except claims or litigation arising through the sole negligence
or sole willful misconduct of the County or its officers or employees. Contractor will reimburse the County for any
expenditures, including reasonable attorneys' fees, the County may make by reason of the matters that are the
subject of this indemnification, and if requested by the County will defend any claims or litigation to which this
indemnification provision applies at the sole cost and expense of the Contractor.
19. Insurance. During the entire term of this Contract and any extension or modification thereof, the Contractor
shall keep in effect insurance policies meeting the following insurance requirements unless otherwise expressed
in the Special Conditions:
a. Liability Insurance. The Contractor shall provide comprehensive liability insurance, including coverage for
owned and non-owned automobiles, with a minimum combined single limit coverage of $500,000 for all
damages, including consequential damages, due to bodily injury, sickness or disease, or death to any
person or damage to or destruction of property, including the loss of use thereof, arising from each
occurrence. Such insurance shall be endorsed to include the County and its officers and employees as
additional insureds as to all services performed by Contractor under this agreement. Said policies shall
constitute primary insurance as to the County, the State and Federal Governments, and their officers,
agents, and employees, so that other insurance policies held by them or their self-insurance program(s)
shall not be required to contribute to any loss covered under the Contractor's insurance policy or policies.
b. Workers Compensation. The Contractor shall provide workers' compensation insurance coverage for its
employees.
c. Certificate of Insurance. The Contractor shall provide the County with (a) certificate(s) of insurance
evidencing liability and worker's compensation insurance as required herein no later than the effective date
of this Contract. If the Contractor should renew the insurance policy(ies) or acquire either a new insurance
policy(ies) or amend the coverage afforded through an endorsement to the policy at any time during the
term of this Contract, then Contractor shall provide (a) current certificate(s) of insurance.
d. Additional Insurance Provisions. The insurance policies provided by the Contractor shall include a
provision for thirty (30) days written notice to County before cancellation or material changes of the above
specified coverage.
Contra Costa County Standard Form 1/87
Number
GENERAL CONDITIONS
(Purchase of Services)
20. Notices. All notices provided for by this Contract shall be in writing and may be delivered by deposit in the United
States mail, postage prepaid. Notices to the County shall be addressed to the head of the County Department for
which this Contract is made. Notices to the Contractor shall be addressed to the Contractor's address designated
herein. The effective date of notice shall be the date of deposit in the mails or of other delivery, except that the
effective date of notice to the County shall be the date of receipt by the head of the County Department for which
this Contract is made.
21. Primacy of General Conditions. Except for Special Conditions which expressly supersede General conditions, the
Special Conditions (if any) and Service Plan do not limit any term of the General Conditions.
22. Nonrenewal. Contractor understands and agrees that there is no representation, implication, or understanding that
the services provided by Contractor under this Contract will be purchased by County under a new Contract following
expiration or termination of this Contract, and waives all rights or claims to notice or hearing respecting any failure to
continue purchase of all or any such services from Contractor.
23. Possessory Interest. If this Contract results in the Contractor having possession of, claim to or right to the
possession of land or improvements, but does not vest ownership of the land or improvements on tax exempt land
(Revenue & Taxation Code Section 107), such interest or improvements may represent a possessory interest
subject to property tax, and Contractor may be subject to the payment of property taxes levied on such interest.
Contractor agrees that this provision complies with the notice requirements of Revenue & Taxation Code Section
107.6, and waives all rights to further notice or to damages under that or any comparable statute.
24. No Third-Party Beneficiaries. Notwithstanding mutual recognition that services under this Contract may provide
some aid or assistance to members of the County's population, it is not the intention of either the County or
Contractor that such individuals occupy the position of intended third-party beneficiaries of the obligations assumed
by either party to this Contract.
25. Copyrights and Rights in Data. Contractor shall not publish or transfer any materials produced or resulting from
activities supported by this agreement without the express written consent of the County Administrator. If any
material is subject to copyright, the County reserves the right to copyright such and the Contractor agrees not to
copyright such material. If the material is copyrighted, the County reserves a royalty-free, non-exclusive, and
irrevocable license to reproduce, publish, and use such materials, in whole or in part, and to authorize others to do
so.
SCHEDULE A
Scope Statements:
Ryno personnel will assist county staff with [lie following tasks at the indicated rates. These rates apply to service performed M-F
8AM-5PM. Service performed outside these hours will be compensated by the overtime rates indicated below.
L Citrix and related thin-client/remote access systems support at a standard rate of $85.00 per hour.
2. LAN support involving Novell and Microsoft NT networks at a standard rate of $85.00 per hour
3. WAN support involving routers, hubs, mail servers and Internet at a standard rate of $125.00 per hour.
4. Lotus Notes and Peoplesoft application assistance at a standard rate of $105.00 per hour.
Overtime Rales:
M-F 5PM-9PM 1.5 X Standard Rate
9PM-8AM 2.0 X Standard Rate
S-S 8AM-5PM 1.5 X Standard Rate
5PM-9PM 2.0 X Standard Rate
9PM-8AM 2.5 X Standard Rate