HomeMy WebLinkAboutMINUTES - 09232008 - C.42 1 yyryryJJ
CONSULTING SERVICES AGREEMENT.
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1. S' ecial Conditions. These Special Conditions are incorporated below by reference.
(a) Public Agency: Contra Costa County Public Works
(b) Consultant's Name&Address: Geopolis Spatial Solutions
1955 Ardith Drive .
Pleasant Hill CA 94523
(c) Project Name, Number, & Location: Provide technical GPS and GIS support
(d) Effective Date: July 1, 2008 (e) Payment Limit(s): $41,600
(f) Completion Date(s): June 30, 2009
2. Sianatures. These signatures attest the parties'agreement hereto:
PUBLIC AGENCY ONSUL' T
By: Julia R. Bueren
Public Works Director/ By:
Chief Engineer, or Designee (Design a official capac ty in the business Type of Business:
(sole proprietorship, government agency, partnership, corporation, etc.)
If Corporation, State of Incorporation:
By, By:
(Designate official capacity in the business)
Note to Consultant: For corporations, the contract must be signed by two officers. The first signature must be that of the
chairman of the board, president, or vice-president; the second signature must be that of the secretary, assistant secretary,
chief financial officer, or assistant treasurer. (Civ. Code, Sec. 1190 and Corps. Code.Sec. 313.)The acknowledgment below
must be signed'by a Notary Public.
a
CERTIFICATE OF ACKNOWLEDGMENT
State of Ca nia ) 6ee A+aoj
ss.
County of )
On the date written below, before me, ndersigned Notary Public, personally appeared the person(s) signing above for
Consultant,personally known to me(or prove a on the basis of satisfactory evidence)to be the person(s)whose name(s)
is/are subscribed to the within instrument and ackn dged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature n 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.
Dated:
lic
(Notary's Seal)
7a7
)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF CONTRA COSTA
On 9-10-08 before me, LISA A. DALZIEL, Notary Public, personally
appeared CHRIS B. HALLFORD ,proved to me on the . basis of satisfactory
evidence to be the person whose name is subscribed to the within instrument and
acknowledged to me that he executed the same in his authorized capacity, and that by .his
signature on the instrument the person, or the entity upon behalf of which the person
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct:
WITNESS my d and official seal.
i UK AE
! COftttM�MOf� 1001'Z�
i WC=n.Erq WSap28,'2010 i
na re o Notary Pubic
._._._._._._._._._._._._._---._ ._._._.,
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3. Parties. Effective on the above date, the above-named Public Agency and Consultant mutually agree and
promise as follows:
4. Employment. Public Agency hereby employs Consultant, and Consultant accepts such employment, to
perform the professional services described herein, upon the terms and in consideration of the payments
stated herein.
5. Scope of Service. Scope of service shall be as described in Appendix A, attached hereto and made a part
hereof by this reference.
6. Report Disclosure Section'. Any document or written report prepared hereunder by Consultant, or a
subcontractor,for Public Agency shall contain, in a separate section,the nu rnbers and dollar amounts of this
contract and all subcontracts relating to the preparation of such document or written report,provided that the
payment limit specified in Sec. 1(e) exceeds $5,000. When multiple docu Ments or written reports are the
subject or products of this agreement,the disclosure section may also contain a statement indicating that the
total contract amount represents compensation for multiple documents or written reports.
7. Insurance. During the entire term of this Consulting Services Agreement (CSA) and any extension or
modification thereof,Consultant shall keep in effect a policy or policies of motor vehicle liability insurance for
any use Consultant makes of a private automobile in the performance of this CS A,as required by State law.
Not later than the effective date of this CSA, Consultant shall provide County with a certificate(s)of insurance
evidencing the above liability insurance.
8. Payment. Public Agency shall pay Consultant for professional services performed at the rates shown in
Appendix B attached hereto,, which include all overhead and incidental expenses, for which no additional
compensation shall be allowed. Notwithstanding the foregoing, those incidental expenses specifically
itemized in Appendix B shall be reimbursable by Public Agency to Consultant, provided that Consultant
submits copies of receipts and, if applicable, a detailed mileage log to Public Agency. In no event shall the
total amount paid to Consultant exceed the payment limit(s) specified in Sec. 1(e) without prior written
approval of the Public Agency. Consultant's billing statements shall be submitted at convenient intervals
approved by Public Agency and shall list, for each item of services, the employee categories, hours and
rates. Public Agency will pay consultant in accordance with the requirements of Civil Code Section 3320 as
applicable.
9. Status. The Consultant is an independent contractor, and shall not be considered an employee of Public
Agency.
10. Time for Completion. Unless the time is extended in writing by Public Agency, Consultant shall complete all
services covered by this Agreement no later than the Completion Date(s) listed above.
11. Record Retention and Auditing. Except for materials and records delivered to Public Agency, Consultant
shall retain all materials and records prepared or obtained in the performance of this Agreement, including
financial records, for a period of at least five years after Consultant's receipt of the final payment under this
Agreement. Upon request by Public Agency, at no additional charge, Consultant shall promptly make such
records available to Public Agency,or to authorized representatives of the state and federal governments,at
a convenient'location within Contra.Costa County designated by Public Agency, and without restriction or
limitation on their use.
12. Documentation. Consultant shall prepare and deliver to Public Agency at no additional charge, the items
described in Appendix A to document the performance of this Agreement and shall furnish to Public Agency
such information as.is necessary to.enable Public Agency to monitor the performance of this Agreement.
13. Ownership of Documents.All materials and records of a finished nature,such as final plans,specifications,
reports, and maps, prepared or obtained in the performance of this Agreement, shall be delivered to and
become the property of Public Agency.All materials of a preliminary nature,such as survey notes,sketches,
preliminary plans,computations and other data, prepared or obtained in the performance of this Agreement,
shall be made available,.upon request, to Public Agency at no additional charge and without restriction or
limitation on their use.
14. Extra Work. Any work or services in addition to the work or services described in Appendix A shall be
performed by Consultant according to the rates or charges listed in Append ix B. In the event that no rate or
charge is listed for a particular type of extra work, Consultant shall be paid for the extra work at a rate to be
mutually agreed on prior to commencement of the extra work. In no event shall Consultant be entitled to
compensation for extra work unless a written authorization or change order describing the work and payment
terms has been executed by Public Agency prior to the commencement of the work.
15. Payment Retention. Public Agency shall retain ten percent (10%) of the monies due the Consultant as
security for the fulfillment of this Agreement. After the Consultant has completed all work under this
Agreement, submitted Final billing and the Public Agency has found the work to be accurate, the Public
Agency will pay all withheld.funds. Public Agency will pay withheld funds in accordance with the requirements
of Civil Code Section 3320,�as applicable. A retention will not be withheld for any"on-call'work.
16. Termination by Public Age°ncy.At its option, Public Agency shall have the right to terminate this Agreement
at any time by written notice to Consultant, whether or not Consultant is then in default. Upon such
termination, Consultant shall, without delay, deliver to Public Agency all materials and records prepared or
obtained in the performance of this Agreement,and shall be paid,without duplication,all amounts due for the
services rendered up to the date of termination.
17. Abandonment by Consultant. In the event the Consultant ceases performing services under this Agreement
or otherwise abandons the project prior to completing all of the services described in this Agreement,
Consultant shall,without delay,deliver to Public Agency all materials and records prepared or obtained in the
performance of this Agreement, and shall be paid for the reasonable value of the services performed up to
the time of cessation or abandonment, less a deduction for any damages or additional expenses which Public
Agency incurs as a result of'.such cessation or abandonment.
18. Breach. In the event that Consultant fails to perform any of the services described in this Agreement or
otherwise breaches this Agreement, Public Agency shall have the right to pursue all remedies provided by
law or equity.Any disputes relating to the performance of this Agreement shall not be subject to non-judicial
arbitration. Any litigation involving this Agreement or relating to the work shall be brought in Contra Costa
County, and Consultant hereby waives the removal provisions of Code of Civil Procedure Section 394.
19. Compliance with Laws. In'performing this Agreement, Consultant shall comply with all applicable laws,
statutes,ordinances, rules d regulations,whether federal,state,or local in origin.This includes compliance
with prevailing wage rates aannd their payment in accordance with California Labor Code, Section 1775.
20, Assignment. This Agreement shall not be assignable or transferable in whole or in part by Consultant,
whether voluntarily, by operation of law or otherwise; provided,-however,that Consultant shall have the right
to sub-contract that portion of the services for which Consultant does not have the facilities to perform so long
as Consultant notifies Public Agency of such subcontracting prior to execution of this Agreement.Any other
purported assignment,.transfer or sub-contracting shall be void.
21. Subcontracting.All subcontracts exceeding$25,000 in cost shall contain all of the required provisions of this
contract. Consultant will pay each subconsultant in accordance with the requirements of Civil Code Section
3321 as applicable.
22. Endorsement on Plans.Consultant shall endorse all plans,specifications,estimates,reports and other items
described in Appendix A prior to delivering them to Public Agency, and where appropriate, indicate his/her
registration number,
23. Patents and Copyrights. The issuance of a patent or copyright to Consultant or any other person shall not
affect Public Agency's rights to the materials and records prepared or obtained in the performance of this
Agreement. Public Agency,,reserves a license to use such materials and records without restriction or
limitation, and Public Agency shall not be required to pay any additional fee or royalty for such materials or
records. The license reserved by Public Agency shall continue for a period of fifty years from the date of
execution.of this Agreement, unless extended by operation of law or otherwise.
24. Indemnification. Consultant shall indemnify, defend, save, protect, and hold harmless Public Agency, its
governing body, officers,employees,representatives,and agents("Indemn itees")from any and all demands,
losses,claims,costs,suits, liabilities,and expenses for any damage, injury, or death(collectively"Liability")
arising directly or indirectly from or connected with the services provided hereunder which is caused, or
claimed or alleged to be caused, in whole or in part, by the negligence or wi Ilful misconduct of Consultant,its
officers, employees, agents, contractors, subconsultants, or any persons under its direction or control and
shall make good to and reimburse Indemnitees for any expenditures, including reasonable attorneys'fees
.and costs, the Indemnitees may make by reason of such matters and , if requested by any of the
Indemnitees, shall defend any, such suits at the sole cost and expense of Consultant. Consultant's
obligations under this section shall exist,regardless of concurrent negligence or willful misconduct on the part .
of the Public Agency or any other person; provided, however, that Consultant shall not be required to
indemnify Indemnitees for;the proportion of liability a court determines is attributable to the negligence or
willful misconduct of the Public Agency, its governing body, officers, or employees. This indemnification
clause shall survive the termination or expiration of this Agreement.
25. Heirs, Successors and Assigns. Except as provided otherwise in Section 20 above, this Agreement shall
inure to the benefit of and bind the heirs, successors,executors,personal representatives,and assigns of the
parties.
26. Public Endorsements. Consultant shall not in its capacity as a Consultant with Public Agency publicly
endorse or oppose the use of any particular brand name or commercial product without the prior approval of
the Public Agency's governing board. In its Public Agency Consultant capacity, Consultant shall not publicly
attribute qualities 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
Public Agency's governind!board. In its Public Agency Consultant capacity, Consultant shall not participate or
appear in any commercially-produced advertisements designed to promote a particular brand name or
commercial product, even if Consultant is not publicly endorsing a product, as long as the Consultant's
presence in the advertisement can reasonably be interpreted as an endorsement of the product by or on
behalf of Public Agency. Notwithstanding the foregoing, Consultant may express its views on products to
other Consultants,the Public Agency's governing board, its officers,or others who may be authorized by the
Public Agency's governing,board or by law to receive such views.
27. Project Personnel. In performing the services under this Agreement, Consultant shall use the personnel
listed in Appendix C, attached hereto and made a part hereof by this reference. Changes in project
personnel may only be made with Public Agency's written consent,and Consultant.shall notify Public Agency
in writing at least thirty (30) days in advance of any proposed change. Any person proposed as a
replacement shall possess training, experience and credentials comparable to those of the person being
replaced.
28. Disadvantaged Business Enterprise(DBE) Requirements (Federal aid projects only) Consultant shall
comply with all applicable provisions of 49 CFR, Parts 23 and 26,and the County's Disadvantaged Business
Enterprise (DBE) Program, which are incorporated into this Agreement by reference. In addition, in
performing services under!this Agreement, Consultant shall utilize all DBEs listed in Consultant's written
response to the Public Agency's request for qualifications or request for proposal and shall pay to the listed
DBEs the estimated amounts listed in Appendix B attached to this Agreement. The Consultant shall not
substitute a listed DBE at any time or decrease the amount to be paid to a listed DBE without the advance,,
written consent of the Public Agency. If a listed DBE is proposed to be replaced, Consultant shall make a
good faith effort to replace the original DBE with another DBE and shall submit to Public Agency written
documentation of such effort.
29. Federal Cost Principles and Procedures (Federal aid projects only). Consultant shall comply with the
following provisions,which"are incorporated into this Agreement by reference:(a)the cost principles for allow
ability of individual items of I costs set forth in 48 CFR,Chapter 1, Part 31: (b) the administrative procedures
set forth in 49 CFR, Part 18; and (c)the administrative procedures for non-profit organizations set forth in
OMB Circular A-110, if applicable to Consultant. In the event that payme nt is made to Consultant
for any costs that are determined by subsequent audit to be unallowable under 48 CFR,Chapter 1,Part 31,
Consultant shall refund the payment to'Public Agency within 30 days of written request from Public Agency:
Should 'Consultant fail to do so, and should the Public Agency file legal action to recover the refund,
Consultant shall reimburse!the Public Agency for all attorney's fees,costs, and other expenses incurred by
Public Agency in connection with such action.
30. agngttiLrmes. These blylldtUlt'I lb attest the parties'agreement hereto:
County of Contra Costa, California Approved by County Administrator:
By: By:
Purchasing Designee County Administrator Designee
APPROVALS/ACKNOWLEDGEMENTS
(Consulting Services Amendment&Contract)
Under$100,000
APPROVALS
RECOMMENED E DEPARTMENT CONSULTANT
By: �eO 0/
ghee rint name of businessentity
APPROVED BY COUNTY ADMINISTRATOR
By:
By: Ignature Of individual or officer
Designee
By:
FORM APPROVED BY COUNTX COU SEL Print name and title A, if applicable
By:
AW
signee. By:
Signature Of individual or officer
APPROVED BY PURCHASING AGENT
JohnSUS t,Seniff 2? By:
By: GenerafServicesDePartmik C/,�U. !/0 Print name and title B, if applicable
C'otdntt�o�€WiMrosta
Note to Consultant: For corporations, Qconust be signed by two officers. The first signature must be that of the chairman of the
board, president or vice-president; the second signature must be that of the secretary, assistant secretary, chief financial officer or assistant
treasurer. (Civ.Code,Sec.1190 and corps.Code,Sec.313). The acknowledgement below must be signed by a Notary Public.
ACKNOWLEDGEMENT
STATE OF CALIFORNIA
COUNTY OF CONTRA COSTA
On ,before me, (insert name and title of
the officer) Notary Public, personally appeared
who 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.
I certify under PENALTY OF PERJURY under the laws of the State of California that the forgoing paragraph is true and
correct.
WITNESS my hand and official seal.
(SEAL)
Signature of Notary Public
APPENDIX A
Scope of Work
Under the direction of the Computer Mapping Services Manager, Consultant
is to provide technical and coordination support for Global Positioning System
(GPS) collection projects, including quality control/assurance and assist with
development of data maintenance processes. The consultant is to work with
Department of Public Works (Department) staff to evaluate and maintain GPS
collection systems, and coordinate and facilitate the development of
procedures for the uploading of features and attributes into the data collection
units. The consultant is to assist with the evaluation of the Department's
Geographic Information System (GIS) data inventory and assist with creating
a data catalog and assigning meta data to the Department's shared data layers.
The consultant is also to provide technical experience/support for the
Department's GIS program and develop and'maintain GIS applications and
provide GIS services to Department staff. The Consultant may be assigned to
several different project teams as needed.
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APPENDIX B
Consultant Rate
For the period of: July 1, 2008 —June 30, 2009
$40/hour, not to exceed $41,600
APPENDIX C
Protect Personnel
Chris Hallforcl
Contra Costa County
Public Works Department
EXPLANATORY, MERG
(for Contracts ranging from $25,000 to $100,000)
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Contact Person Irma Bergeron Phone 3-2353
Division Information Technology
Contract No. Contractor Geopolis Spatial Solutions
TYPE OF CONTRACT:
❑ Short Form ❑ Long Form 0 ° Consulting Services Agreement ❑ Amendment ® Renewal
❑ Other Agreement
Date of Original Contract July 12 2007
CONTRACT AMOUNT:
Contract Amount Amended Amount New Payment Limit
$41,600
Why: n/a
FUNDrNG SOURCE:
❑ Assessment District ❑ Fees ❑ Fed/State/Local Funds ® Other
TERM:
Initial Term July 1,2007 To June 30,2008
Extension of Term July 1,2008 To June 30,2009
Number of times contract extended n/a
Why extended: n/a
DESCRIPTION OF SERVICES • REASON FOR CONTRACT CHANGES = CONTRACT HISTORY
Area to be Served • Supervisorial District
Comments: Geopolis Spatial Solutions (Consultant)has provided critical technical Geographic Information Systems(GIS)and
Global Positioning System (GPS)support for two very large, ongoing, Public Works Department projects. It is essential for the
continued success of these projects that this contract be renewed.This Consultant has unique knowledge of our Departments'
GIS data structure, as well as our short-term,mid-term, and long-term project goals.This Consultant's extensive knowledge of,
and expertise with our field equipment, as well as his development of custom GIS applications,are requirements that another
service could not provide without an extensive amount of training. Given the status,schedule, and budget of the current
projects,the extensive amount of training would.be cost prohibitive.
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GISTRATION AND CERTIFICAr][O,NT F®
RM
Ifyou are interested in receiving information regarding upcoming business opportunities with Contra Costa County,
please fill out the form below. Your information will be included in the County's SBE and Outreach Databases and
used by County departments to: l) notify you regarding upcoming contracting artti bidding opportunities and/or 2)
certify your firm as a Small Business Enterprise(if applicable).
SECTION 1—CONTACT INFORMATION
Name of Firm(Print)
Gr_ S
EO 0 o ,0 V%
Street Address(City,State)
S {` �4 11, (Zip Code)
Mailing Address(City,State)
4 k (Zip Code
Contact Numbers(Check preferred) 1 2
11 Business Phone Number QrCell Phone Number Fax Number
--
E-mail Employer Identification#(if applicable)
jbt b�e c.�N(q OLC-6 e It.Vv
SECTION 2-WORK CONDUCTED BY FIRM (Generally describe what your firm does)
Vendor/Supplier
Consultant/ PRQV►iL ZH CN.ajriOrl 4 YS�i�Iw..g tAr1a Y6 16
♦ r0 r'a�.,-G%i
Service Provider �}� Lie y5. Sv��v3
Construction
Other
(If none of the above
categories apply)
SECTION 3—DESCRIPTION OF BUSINESS
Descr' tion of Business Type(Check all that apply):;
Small Business Enterprise(SBE)—independently owned and operated;is not dominant in
P its field of operation;principal office
is located in California; officers are domiciled in.California;AND,together with affiliates, has 100 or fewer employees and
average annual gross receipts of$12 million or less over the previous three tax years,or is a manufacturer with 100 or fewer
employees.
r
0 Minority Business Enterprise(MBE) at least 51%owned and managed on a daily basis by one or more minorities who are
citizens or lawful permanent residents of the United States and.member(s)of a recognized ethnic or racial group AND its home
office is located in the United States.
0 Women Business Enterprise(WBE)-at least 51%owned and managed on a daily business by one or more women who are
citizens or lawful permanent residents of the United States AND its home office is located in the United States.
k
0 Disadvantaged Business Enterprise(DBE)-at least 51%owned and managed on a daily business by socially-and
economically-disadvantaged individual's(pursuant to Section 3 of the Small Business Act).DBE certifications are used only for
state-or federally-funded projects that have DBE goals or requirements.
R
0 Disabled Veteran Business Enter prise`,(DVBE)-at least 51%owned and managed on a daily basis by one or more disabled
veterans of the military,naval,or air service of the United States with a service-connected disability of at least 10 percent,and
who is also a resident of California;AND a sole.proprietorship corporation or partnership with its home office located in the
United States that is not a subsidiary of''a foreign firm,
Local Business Enterprise(LBE)-principal place of business is located within the boundaries of Contra Costa County.
0 None of the above
Revised 02/28/07
Registration_Certification Form 022807.doc
Page 1 of 2
Contra Costa County Business Opportunitf es
. ,
REGISTRATION AND CERTIFICATION -P(j
SECTION 4-CERTIFICATION BY OTHER AGENCIES
State-Certified SBE: Yes 0 No,Z State Certification#:
If "Yes,"please attach documentation.
'Are you certified with any other agencies as a'1Minority Business Enterprise(MBE),Woman Business Enterprise{WBE},Disabled
Veteran Business Enterprise(DVBE),or Disadvantaged Business Enterprise(DBE): Yes O No }-11P
If "Yes,"please list agency AND attach documentation: !�
SECTION 5-ACKNOWLEDGEMENT OF COUNTY'S USE OF BUSINESS INFORMAT 110—N
The undersigned acknowledges and agrees thai the information provided in this form may be included in the SBE and Outreach databases
maintained by or for the County,including the<le-Outreach system described below.
SECTION b-UPDATING CONTACT INFORMATION AND BUSINESS STATUS
Firms interested in business opportunities with';Contra Costa County are strongly encouraged to register on the e-Outreach system
maintained for the County at:https://www.rfbdepot.6om.Although the information contained in this form will be added to that system,
firms are encouraged to register and update their information on the above website to 1)provide more detailed information regarding their
area of work,and 2)ensure that they continually receive notices about business opportunities with Contra Costa County.
Your firm's registration with Contra Costa (County will be valid for three years from the date this form is entered into the
County's database.After that three-year period,your firm will be required to either confirm or update the information contained
herein.
SECTION 7-CERTIFICATION OF BUSINESS INFORMATION
The undersigned certifies and swears under penalty of perjury that all information contained in this form is true and correct.Any material
misrepresentation will be grounds for terminating any purchase orders or contracts which may be or have,been awarded as well
as deleting the business from the online SBE.and Outreach databases maintained by the County and the County's database
contractor{{.--
By CkI6 Gtito c-
Print)KameA Tlitle
0.� 2 0 0
Signature Date
Return this Self-Certification Form to: Contra Costa County
General Services Dept.,Purchasing Division
1220 Morello Ave.Ste 210
Martinez, CA 94553
Fax: 925-313-7319
For clarification or assistance with Purchasing Division
this form,please contact: General Services Department
Phone: 925-313-7300
Revised,02/28107
Registration_Certification_Fonn 022807.doc Page 2 of 2
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