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Home My WebLink AboutMINUTES - 12071993 - 1.101 1� To: BOARD OF SUPERVISORS _ SEL Contra FROM: Phil Batchelor, County Administrator ` Costa County Dare: November 5, 1993 SUBJECT: Agreements for Computer Services SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. RECOMMENDED ACTION: L Approve and authorize the Chair of the Board of Supervisors to execute an agreement with State of California- Department of Insurance for a CLETS (California Law Enforcement Telecommunication Systems) connection through the County's computers. II. FINANCIAL IMPACT: This contract will result in the generation of a one time participation fee of$10,000 that will be applied to the Criminal Justice Automation Fund to support future enhancements to the All County Criminal Justice Information Network (ACCJIN) which interfaces with CLETS. Data Processing Services will also receive $165.00 in monthly revenue from this connection.. III. REASON FOR RECOMMENDATION AND BACKGROUND: Through the County's computers and communication networks we are able to provide inter-agericy communications capabilities to City, County, State and Federal agencies. One of these programs is known as ACCJIN which ties most of the County, City and special district police agencies into a single network. ACCJIN is able to access the state's CLETS network enabling all the ACCJIN agencies to access CLETS information. Qualified non-county law enforcement agencies can access ACCJIN through the "County's computers for a one time participation fee and a monthly service charge. This is the situation with the Department of Insurance. Iv. CONSEQUENCES OF NEGATIVE ACTION: If the request is not approved, the County will not be able to generate this revenue. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON 7 y APPROVED AS RECOMMENDED _,YL 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. CC: Alan Schulze ATTESTED 7 / y PHIL BATCHELOR,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR 41-a�_ BY ,DEPUTY M382 (10/88) STATE OF CALIF6RjNIIA 1 . 1 O t S .—N-. 1 iD AGREEMENT— APPROVED BY THE CONTRACT NUMBER AM.NO. i ATTORNEY GENERAL MA-930088 SM.2(REV.5.91) TAXPAYER'S FEDERAL EMPLOYER IDENTIFICATION NUMBER THIS AGREEMENT,made and entered into this 14th day of June 1993 in the State of California,by and between State of California,through its duly elected or appointed,qualified and acting TITLE OF OFFICER ACTING FOR STATE AGENCY Contracting Officer Department of Insurance ,hereafter called the State,and CONTRACTOR'S NAME Contra Costa County Data Processing Services ,hereafter called the Contractor. WITNESSETH: That the Contractor for and in consideration of the covenants,conditions,agreements,and stipulations of the State hereinafter expressed, does hereby agree to furnish to the State services and materials as follows: (Set forth service to be rendered by Contractor,amount to be paid Contractor, time for performance or completion,and attach plans and specifications,if any.) (SM ATTACHED) CONTINUED ON SHEETS,EACH BEARING NAME OF CONTRACTOR AND CONTRACT NUMBER. The provisions on the reverse side hereof constitute a part of this agreement. IN WITNESS WHEREOF,this agreement has been executed by the parties hereto,upon the date first above written. STATE OF CALIFORNIA CONTRACTOR AGENCY CONTRACTOR(if other than an individual state whether a oorporation.Partnership,etc.) Department of Insurance Contra Costa County BY(AUTHORIZED(AUTHORIZED SIGNATURE) BY(AUTHORIZED(AUTHORIZED SIGNA ;j PRINTED NAME OF PERSON SIGNING PRINTED NAME AND TITLE OF PERSON SIGNING Sandy POINDEXTER T _ A--Tort ?1s n 1 TITLE ADDRESS I , Chief, Contract Unit 30 - Douglas Dr., Martinez, CA 94553-4068 AMOUNT ENCUMBERED BY THIS PROGRAWCATEGORY(CODE AND TITLE) FUND TITLE Department of General Services DOCUMENT Insurance use Only $ 12.145 (OPTIONAL USE) PRIOR AMOUNT ENCUMBERED FOR This Contract is exempt THIS CONTRACT from DGS approval per Q ITEM CHAPTER STATUTE FISCAL YEAR `D 2290-001-217 55 1993 1993-94 SAM Section 1215. TOTAL AMOUNT ENCUMBERED TO DATE OBJECT OF EXPENDITURE(CODE AND TITLE) $ 12,145 I hereby certify upon my own personal knowledge that budgeted funds T.B.A.NO. B.R.NO. are available for the period and purpose of the expenditure stated above. SIGNATURE OF ACCOUNTING OFFICER DATE D CONTRACTOR STATE AGENCY DEPT.OF GEN.SER. ❑ CONTROLLER 4 i i COMPUTER SERVICES CONTRACT 1. Contract Identification: Department: Data Processing Services Subject: Computer Service§ 2. Parties: The County of Contra Costa, California (County), for its Department named above, and the following named Agency requiring service(Agency) mutually agree and promise as follows: I Customer: Insurance Fraud dureau Address: 1340 Arnold Drivi Martinez. Ca. 94553 3. Term: The effectivei date of this Contract is June 14, 1993 and it terminates June 30, 1994 unless sooner terminated as provided herein. 4. Termination: This Conti act may be terminated by either party, at their sole discretion, upon. thirty day advance written notice the to the other, and may be cancelled immediately by written mutual consent. I 5. Agency's Obligations: In consideration of County's provision of services as described below, Agency shall: I Q a. (all public agencies) shall pay County monthly for services provided hereunder upon submission of a properly documented demand for pavment, in accordance with the per-unit costs expressed in the Service Plan. ❑ b.(all non-public agencies). pay County (quarterly, monthly, yearly) for services provided hereunder, upon submission of a properly�documented demand for payment, in accordance with the per-unit costs expressed in Services Plan. 6_ Countv's Obligation: See Service Plan. 7. Third Partv use of Data: Oser's Indemnification. i User hereby agrees to defend, save. hold harmless and indemnity County and its officers, employees and agents, against claims by anyone for any loss, injury, damage, risk, cause of action, or liability of any type (including legal fees)occurring io User or any other person, relating to or arising out of the subject matter of this Contract, or which may be alleged to have been caused, either directly or indirectly, by the acts, conduct, omissions, negligence or lack of good faith of County, its officers, agents or employees in any way related to or arising out of the subject matter of this contract. 8. Countv's Disclosure and Di l claimer: Warning to User; User's Waiver: a. That County makes absolutely no warranty whatsoever, whether expressed or implied, as to the accuracy, thoroughness, value,!quality, validity, merchantability, suitability, condition, or fitness for a particular purpose of the data, nor as to whether the data is up-to-date, complete or based upon accurate or meaningfid facts. User agrees to take the records "as is," fully expecting that there may well be errors and omissions in the data obtained through the system. b. That User hereby forever waives any and all rights, claims, causes of action or other recourse that it might otherwise have against (County for any injury or damage of any type, whether direct, indirect, I incidental, consequential or otherwise, resulting from any error or omission in such data, or in any manner arising out of or related to this agreement or the data provided hereunder. 9. Defenses of County. a. User understands and agrees that this is the entire agreement for the service provided and that nothing that may be stated or donie by any County employee,agent or official shall be deemed to waive or toll any statute of limitations, waive' any defense or in any way stop the County from asserting any and all defenses provided by law or this AI greement. b. County assumes no responsibility for loss or damages to User's equipment installed in Contra Costa County's Central Data Processing'Center. 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 of agent, servant, employee, partnership, joint venture or association. 11.Legal Authority: This contract is entered into under and subject to the following legal authorities: California Government Code Sections 23008 and 26227. i 12.Signatures: These signature!attest the parties'agreement hereto: I COUNTY OF CONTRA COSTA,CALIFORNIA CUSTOMER By� By )T::: P�� SuP,-/2uo(i K— Designate official Capacity Designate official Capacity I I i I I I i I SERVICE PLAN Contra Costa County Data Processing Services will provide the California State Department of Insurance with a CLETS connection through the County's central computer system. The charge for this services is $165.00 per month plus an initial onetime connection charge of$I0,000. At some future date it maybe necessary to raise the monthly fees. If this occurs we will provide a 30 day written notice. At this point there will be no charge for the monthly reports generated, by the system. If the size of the reports increase there may be a future charge. I I �I r 4 i i i I - i