HomeMy WebLinkAboutMINUTES - 08062002 - C19 TO: BOARD OF SUPERVISORS .r Contra
FROM: Fire Chief Keith B. Richter Costa
Contra Costa County Fire Protection District
ntY
L+.
DATE: August 6, 2002 1 <' u>a /t j
SUBJECT: information Systems Technician Service Contract
SPECIFIC REOUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
APPROVE and AUTHORIZE the Fire Chief, Contra Costa County Fire Protection District, to execute a
service contract with Michael Lantin to provide interim Information Systems Technician services to the
District for the period of August 1, 2002, to February 28, 2003,
FINANCIAL IMPACT:
The payment limit is $40,500 and is incorporated into the District's FY 2002-03 budget.
BACKGROUND:
The District has a vacant Information Systems Technician position. To fill the position, an examination
is currently in the process of being developed. When the examination is announced, the test given
and an employment list established, the vacancy will be filled and this service contract will be
canceled.
CONTINUED ON ATTACHMENT: YES SIGNATURE, �
t
s
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
PROVE _OTHER
SIGNATURE S:
ACTION OF B D, ! APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
C}C UNANIMOUS{ABSENT' None ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
ATTESTED AUGUST 06, 2002
Contact: ATTESTED
George,930-5506 JOHN SWEETEN.CLERK OF THE BOARD OF
cc: County Administrator/Rich Seithel SUPERVt$ORS AND COUNTY ADMINISTRATOR
C.C.C. Fire Protection District
Auditor-Controller/Contracts Section
General Services/Purchasing Division BY f �. DEPUTY
U:ISRMGRSXKR\LANTINBORDORDR207,DOCV W
Contra Costa County Number
Standard Form 1/87 S'T'ANDARD CONTRACT � ` ' Fund/Org# 1TW
(Purchase of Services) Account# 2314
.1. contradtion. Other#_
Department: 'I Centra Costa County Fire Protection District
Subject: Interim Information Systems Technician Services
2. ftdio. 'The County of Contra Costa, California (County), for its Department named above, and the
following named Contractor mutually agree and promise as fellows:
Contractor: Michael Lantin
Capacity: Personal Services Taxpayer ID #_610-01-1120
Address: 45 Carlye Ct. , Danville, CA 94546
3. The effective date of this Contract is August 1, 2442 it terminates
February 2Z 2443 unless sooner terminated as provided herein.
T
4. PavplW Lim . County's total payments to Contractor under this Contract shall not exceed.
.
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5. +nunU,'s OWintions. 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. C n=tor's Oblil i ions. Contractor shall provide these 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. Generaland,-Spm-1-4-1,Cond`tl�ns. This Contract is subject to the General Conditions and Special
Conditions (if any) attached hereto, which are incorporated herein by reference.
8. EMIggT. This Contract implements in whale or in part the following described Project, the application and
approval documents of which are incorporated herein by reference:
Personal service in providing Information Systems Technician services
9. Leal Author% . This Contract is entered into under and subject to the following legal authorities:
California Health and Safety Code: Section 13661
10. i na ures. These signatures attest the parties' agreement hereto:
COI.iNTY OF CONTRA COSTA, CALWEORNIA
BOARD OF SUPERVISORS ATTEST:joN-1 sweeten, Clerk of the Board of
�} Supervisors and County Administrator
By
Chaurnan/Designee beput
CONTR ACTOR }
By By
(Designate business capacity A) (Designate business capacity B)
Note.o C=ntM=:For Corporations(profit or nonprofit),the contract must be signed by two officers. Signature A must be that of the president or vice-president and Signature
a mug be that of the secretary or assistant secretary(Civil Code Section 1190 and Corporations Code Section.313). All signatures must be acknowledged as met forth on page
two.
PAYMENT PROVISIONS
In consideration of Contractor's provision of services as described in the Service Plan,
and subject to the payment limit, County shall pay Contractor, upon submission of a
properly documented demand for payment in the manner and form prescribed by
County (Demand Form D15.19) and upon approval of such demand by the head of the
County Department for which this Contract is made or his designee, as follows:
The FEE RATE of$30.00 per hour, NOT TO EXCEED a total of 1,350 hours.
SERVICE PLAN
Contractor shall provide the following described services:
Assist Contra Costa County Fire Protection District with its IT needs. Under the
direction of the I.S. Manager, the consultant is responsible to: perform "break fix"
activities; network administration duties; conduct end - user training. Additionally, the
consultant will assist in responding to off-hour service calls, server room organizational
activities and the development and testing of disaster recovery /contingency plans.
The consultant will also engage in remote user support activities via telephony: and
remote control software.
Contra costa County Swiltrd Form(Rev. 1/93)
APPROVALS/ACKNOWLEDGMENT
Number
APPROVALS
RECOMMENDED BY DEPARTMENT FORM APPROVED
COUNTY COUNSEL
Designee Deputy;J 'I
APPROVED: COUNTY ADMINISTRATOR if
Designel
ACKNOWLEDGMENT
STATE OF CALIFORNIA )
)Ss.
COUNTY OF CONTRA COSTA )
On ,� 4 242 , before me, r'� , .01
(insert name and tial of the officer),personally appeared
personally known to me(or proved
to me on the basis of satisfactory evidence)to be the person(s)whose nae(s)is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/herltheir 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. �-� --*� ---
.10 K. CRAWLEY
WITNESS MY VIAND AND OFFICIAL SEAL. Comm•#1280638 �h
NOTARY PUSUC•CAISFC)iRN �!
tl Santa Clara County
r My Comm.Ezaires Oct.16,2044 r1
3^ (Seal)
Signature
ACKNOWLEDGMENT(by Cortmation,Parrnmhip,or individual)
(Civil Code¢11$4)
Contra Costa. County Standard Form 1187
CONDITIONS
(Purchase of Services)
1. ComWian-cwith La v. 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. Ins ign. 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. R- +Qrds. 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. mento Q Rec rrds. 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. -Ateess o ear of Contractor, Sub-contractor. 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
representatives, 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
$1.0,000 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 mare available, to the County, to the Secretary or to the Comptroller General, 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 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 representatives of Contractor.
4. ft" ft,uiuments. 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. "l& ination.
1
Contra Costa County Standard Form 1187
GYMM CONDITIONS
(Purchase of Services)
a. Mlitto otice. 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 cancelled 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. C mg r -of-Emdiu. 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.
b. End=A . 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. Egr herd fic tion or peraAing ocedures. 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. Modifi atiow and Amendments.
a. Caned Amen ents. 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 or Federal approval.
b. Adnin-trative Am-endwe . 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 Qf Law and P'emnal Jur:, iction.
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Contra Costa'County Standard Fonrn 1187
GENERAL Q
(Purchase of Services)
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. F r 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 Waiygr by CQvnty. Subject to Paragraph 9. (Disputes) of these General Conditions, 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. Su-b ontra t and.Assigamggnt. 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. In:gxut 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. Comflicts of Ln erect. 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.
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, any 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 law may be guilty of a misdemeanor.
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Contra Costa County Standard Form 1187
GENERAL COMM
(Purchase of Services)
17. NQ dLVXimJnaka rvkes. 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. . The Contractor shall defend, indemnify, 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. Ia r�surance. 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 Insure.. 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' Compettsatic n. The Contractor shall provide workers' compensation insurance
coverage for its employees.
C. Ce ifimlk of.Im r ce. 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
elate 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. Asti+ nal Insur nce 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.
Z0. ii`�. 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.
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Contra Costa County Standard Farm 1!$7
GENERAL NMONS
(Purchase of Services)
21. Ebume of CkucW Conddons. 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. Nomaml. 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 of 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. PPew..sory nt=st. 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 in the
same person, or if this Contract results in the placement of taxable 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 ThirdnPArty 3& e id ries. 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. -op l h Miga 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, nonexclusive, and irrevocable license to reproduce, publish, and use such materials, in whole or in part,
and to authorize others to do so.
26. Endpr&emgnts. Contractor shall not in its capacity as a contractor with Contra Costa County
publicly endorse or oppose the use of any particular brand name or commercial product without the prior
approval of the Board of Supervisors. In its County contractor capacity, Contractor shall not publicly attribute
dualities or lack of qualities to a particular brand name or commercial product in the absence of a well-established
and widely-accepted scientific basis for such claims or without the prior approval of the Board of Supervisors.
In its County contractor capacity, Contractor shall not participate or appear in any commercially-produced
advertisements designed to promote a particular brand name or commercial product, even if Contractor is not
publicly endorsing a product, as long as the Contractor's presence in the advertisement can reasonably be
interpreted as an endorsement of the product by or on behalf of Contra Costa County. Notwithstanding the
foregoing, Contractor may express its views on products to other contractors, the Board of Supervisors, County
officers, or others who may be authorized by the Board of Supervisors or by law to receive such views.
27. Required Audit. If Contractor is funded by $25,000 or more in federal grant funds in any fiscal
year from any source, Contractor shall provide to County at Contractor's expense an audit conforming to the
requirements set forth in the most current version of Office of Management and Budget Circular A-133. If
Contractor is funded by $25,000 to $100,000 in federal grant funds in any fiscal year from any source,
Contractor shall arrange for conduct of the federally-required audit biennially and shall submit the audit to County
iia the time, form, and manner required by the most current version of Office of Management and Budget Circular
A-133 and by County. If Contractor is funded by $100,000 or more in federal grant funds in any fiscal year from
5
Contra Costa County Standard Form 1/87
(Purchase of Services)
any source, Contractor shall arrange for the federally-required audit annually and shall submit the audit to the
County in the time, farm, and manner required by the most current version of Office of Management and Budget
Circular A-133 and by County. Contractor is solely responsible for arranging for the conduct of the audit, and
for its cost, and County may withhold the estimated cost of the audit or 10 percent of the contract amount,
whichever is larger, or the final payment, from Contractor until County receives the audit from Contractor.
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