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HomeMy WebLinkAboutMINUTES - 12112001 - C.47 TO: BOARD OF SUPERVISORS FROM: Steven Steinbrecher 6' 3 CIO, Department of Information Technology ° coax DATE: November 27, 2001 SUBJECT: Agreement for Computer Services Specific Request(s)or Recommendations(s)&Background&Justification I. RECOMMENDED ACTION: APPROVE and AUTHORIZE the Chair of the Board of Supervisors to execute on behalf of'the County an agreement with the State of California, Victim Compensation and Government Claim Board effective November 1, 2001 through June 30, 2002: II. FINANCIAL IMPACT: This contract will generate approximately $1500 in revenue. III. REASON FOR RECOMMENDATION AND BACKGROUND: The County is able to supply civil and criminal index data from the Courts records to approved public and private agencies. The State of California,Victim Compensation and Government Claim Board will use this information to file liens and recover revenue. The County generates revenue by charging for this information. IV. CONSEQUENCES OF NEGATIVE ACTION: If this request is not approved, the County will not be able to generate this revenue. CONTINUED ON ATTACHMENT:_lS� SIGNATURE: 0 ✓Recom mend ati on of County Administrator Recommendation of Board Committee L,/Approve Other Si nature(s): Action of Br on:�(� jyy 4 f) !J( Approved as Recommended �_Other VOTE OF SUPERVISORS: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN Unanimous (Absent ) AND ENTERED ON THE MINUTES OF THE Ayes: Noes: _ BOARD OF SUPERVISORS ON DATE SHOWN. Absent:_ /Qu? Abstain:_ ��-,,"" ," Attested: e' JY( cc: (4) Department of Information Technology John Sweeten, Clerk of the Board of of Supervisors and County Administrator By: DEPUTY M382(10/88) •V7•LJ Lrlrr•W W .,In•.,�Vl- ' JI JGJJIJIJ�K lRY. V4YE of CALOOPMA SHORT FORM CONTRACT (For agreements up to$9,999.991 COKMACT NUMMR , ,�. FEDERAL TAXPAYER to.nUmaER M.710(REV.M) BOC-1064 Invoice must show contract number,itemized expenses,corvice datos, FOR STATE USE ONLY vendor name,address and phone number.SUBMIT INVOICE IN gro 104 ❑WA ❑ Or FSE 0 ATTACKG Q C irrnw PSALL eumgm TRIPLICATE TO. ' CCC6 O Tw ❑ OR rx.E ❑ ATTACMFA cFnncnTE FwYaER VICTIM COMPENSATION AND QOVERNMENT CLAIMS BOARD ❑ DVBE ❑ wA ❑ Off Quality Assurance and Revenue Recovery Division ❑ Late reason 630'K"Street ❑ Publk Works Contractors License Sacramento,CA 95814 O Exempt from t>;ddng(Exprern) , 1. The parties to this agreement are: STATE ACEITCr3 hAMf.neresAer taW tv 7tetr. COKTRALTOR s NAME,rommA r CAW tree ConbeClw. Victim Compensation and Government Claims Board County of contra Costa 2. The agreemont tarn is from November 1,2001 ftough June 30,2002 3. The maximum amount payable is S 1.500.00 pursuant to the followIIV charges: 2Altach fist, if Wages/Labor S 1,500.00 Parts/Supplies S Taxes S Other S epplrcthhre) 4. Payment tefms(Note: All payments are in arrears.) ONE TIME PAYMENT(Lump Sum) L�: MONTHLY QUARTERLY ITEMIZED INVOICE F] OTHER S. The Contractor agrees to fumish all tabor,egtapment and materials necessary to perform the services described herein and agrees to compty with the terms and conditions Identifled below which are nude a part hereof by this reference(Outline in exact detail what is to be done,where 1t Is to be done and include work specifications. if applicable.) [j ADDITIONAL PAGES ATTACHED Contractor shall supply civil and criminal index data from the Contra Costa County Superior and Municipal Court for the purpose of . tracking the county's civil and criminal suits for use in filing Board liens to recover revenue. Civil index data 6ha11 be supplied on a CD ROM and will be updated monthly and annually. Annual civil index data shall covet a 10-year history. Monthly updates will include current court filings. Initial set up cost will encompass a one-time programming charge ofup to f800 to format the civil index data in a tradable program for Board usc• This will be a standard ASCII format to allow for an unproblematic information interchange. Monthly updates shall be billed at $74.00 per month. r.."WTS Own:awdod In M W U9 ran6y rC'OIaWPW by#ehnwm Md qm* as d ef11VMd Ae+9tgl Q GTC-SF 101 O GIA• If rat attached,view at www.dps.ca.gov/convactsr. 2 other Exhibit;(List) Exhibit C-Special Terms and Conditions In W&Iess Whervof," t has been exea,ted by the pestles Identified below: STATE OF CALIFORNIA CONTRACTOR ACENCV ww+6 CONmACTOR's WNE(ADirer von an rvwwuN,etete howpw a amp&~,pwv->wP hoc-) Victim Compensation and Government Claims Board County of Contra Costa BY WAnVORLZED s'c'+'+T bATE61GNeD w0UTh4oFelz1Ds0cNAruw0 12 1/01 low 2�. oRhNTEV NAME AND TITLE OF PERSON egNwG PWM f0 ANO TIT OF PE TrRE SKIP ELLSWORTH,MANAGER Gayle B. Uilkema, Chair, Board of Supervisors AM"$$ ADOsibss 630"K"STREET,SACRAMENTO,CA 95814 30 DOUGLAS DRIVE,MARTINEZ;CA 945334068 FUMD TIrLe RE6t FISCAL Y[.AN I CHAPTER STATUTE OaJECT CAVE Restitution 9700-001.0214 01102 106 2001 I henror CWy Whop My own p*n"kMWalpe trier txdyeted AbVS Bre ered@DM StGw►T WhE OF ACCOLITMV4 OFFICER DATE SIWD for nho poffod and PUMC:e of the eAPOMWU s stated Q80✓e. GTC201 EXHIBIT B GENERAL TERM§IND CONDITIONS i 1. APPROVAL: This Agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required. Contractor may not commence performance until such approval has been obtained. 2. AMENDMENT. No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties. 3. ASSIGNMf=NT: This Agreement is not assignable by the Contractor, either in whole or in pact, without the consent of the State in the form of a formal written amendment. 4. AUDIT: Contractor agrees that the awarding department, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement_ Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a W9er period of records retention is stipulated. Contractor agrees to allow the auditors) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, Contractor agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of.this Agreement. (GC 8546.7, PCC 10115 et seq., CCR Title 2, Section 1896). 5. INDEMNIFICATION- Contractor agrees to indemnify. defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and a I contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Contractor in the performance of this Agreement. 6. DISPUTES: Contractor shall continue with the responsibilities under this Agreement during any dispute. 7. TERMINATION FOR CAUSE: The State may terminate this Agreement and be relieved of any payments should the Contractor fail to perform the requirements of this Agreement at the time and In.the manner herein provided. In the event of such termination the State may proceed with the work in any manner deemed proper by the State. All costs.to the State shall be deducted from any sum due the Contractor under this Agreement and the balance, if any, shall be paid to the Contractor upon demand. 8. INDEPENDENT CONTRACTOR- Contractor, and the agents and employees of Contractor, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the State. 9. RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty of perjury, the minimum, if not exact, percentage of recycled content, both post consumer waste and secondary waste as defined in the Public Contract Code, Sections 12161 and 12200, in materials, goods, or supplies offered or products used in the performance of this Agreement, regardless of whether the product meets the required recycled product percentage as defined in the Public Contract Code, Sections 12161 and 12200. Contractor may certify that the product contains zero recycled content. (PCC 10233, 10306.5, 10354) 10. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Contractor and its subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (cancer), age (over 40), marital status, and denial of family care leave. Contractor and subcontractors shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act(Govemment Code Section 12990 (a-f) et seg.)and the applicable regulations promulgated thereunder(California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990(a4), set forth in Chapter 5 of Division 4 of Title 2 of the Califomia Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement. Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement. 11. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES contained in document the CCC201 are hereby incorporated by reference and made a part of this Agreement by this reference as if attached hereto. 12. TIMELINESS: Time is of the essence in this Agreement. 13. COMPENSATION: The consideration to be paid Contractor, as provided herein, shall be in compensation for all of Contractor's expenses incurred in the performance hereof, including travel, per diem, and taxes, unless otherwise expressly so provided. 14. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance with the laws of the State of Califomis. 15.ANTITRUST TRUST CLAIMS: The Contractor by signing this agreement hereby certifies that if these services or goods are obtained by means of a competitive bid, the Contractor shall comply with the requirements of the Government Codes Sections set out below. a. The Govemment Code Chapter on Antitrust claims contains the following definitions: 1) "Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the State or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the Business and Professions Code. 2). `Public purchasing body" means the State or the subdivision or agency making a public purchase. Government Code Section 4550. b. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15)or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. Government Code Section 4552- c. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public.body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code Section 4553. d. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for wNch the cause of action arose and (a)the assignee has not been injured thereby, or(b) the assignee declines to file a court action for the cause of.action. See Government Code Section 4554. 16. CHILD SUPPORT COMPLIANCE ACT: "For any Agreement in excess of$100.000, the contractor acknowledges in accordance with, that: a) The contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and b) The contractor, to the best of its knowledge is fully complying with the earnings assignment orders of ail employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department." ... ..� ------------ 17- -..--17_UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be effected thereby. 18. UNION ORGANVIN_C For all contracts, except fixed price contracts of$50,000 or less, the Contractor acknowledges that: By signing this agreement Contractor hereby acknowledges the applicability of Government Code Section 16645 through Section 16649 to this agreement and agrees to the following. a) Contractor will not assist, promote or deter union organizing by employees performing work on a state service contract, including a public works contract. b) No state funds received under this agreement will be used to assist, promote or deter union organizing. c) Contractor will not, for any business conducted under this agreement, use any state property to hold meetings with employees or supervisors, if the purpose of such meetings is to assist, promote or deter union organizing, unless the state property is equally available to the general public for holding meetings. d) If Contractor incurs costs, or makes expenditures to assist, promote or deter union organizing, Contractor will maintain records sufficient to show that no reimbursement from state funds has been sought for these costs, and that Contractor shall provide those records to the Attorney General upon request. 19.Bugget Contingency Clause A. It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program,this Agreement shall be of no further force and effect In this event, the State shall have no liability to pay any funds whatsoever to Contractor or to furnish any other considerations under this Agreement and Contractor shall not be obligated to perform any provisions of this Agreement. 8. N funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State shall have the option to either cancel this Agreement with no liability occurring to the State, or offer an agreement amendment to Contractor to reflect the reduced amount. 20. Prompt PaymentClause: Payment will be made in accordance with, and within the time specified in, Government Code Chapter 4.5, commencing with Section 927. I EXHIBIT "C" Ii SPECIAL, TERMS AND CONDITIONS AGRESMZNT FOR COPIES OF FILING INFORMATION Effective -Noyembee 1, %2001, the County of Contra Costa (hereafter "County") and Victims Compensation Claima board(hereafter "USer") mutually Agree and promise as follows : 1. Definitions: A. Initial filing information, initial filing data or data means copies of the following non-confidential records which are in possession of the Superior Court of California, County of Contra Costa or Department of Information Technology: Document Deeaription Estimated Costs Y 1 . Criminal and Traffic Filing Index 2 . Civil and Small Claims Filing Index 4 Estimated cost will be provided if desired, other-wiee , user shall pay the actual cost when billed. B. User understands and agrees that, in addition to the above-listed, any records which are related to the initial filing function and are obtained by User during the aforenoted fiscal year will be provided under the terms and conditions of this Agreement . C. "Records" means computer readable media, upon which the initial filing is contained. D. "County" weans the County of Contra Costa and any of its authorized departmente , agencies, officials, managers, employees and agents. 2 . Payment of Coats; Furnishings of Records Subject to the below stated terms and conditions, User hereby agrees to pay the aforestated amounts which User agrees are to cover County's actual costs of aseembling and copying the aforestated filing information, including any computer programming associated therewith, and County agrees to provide said filing information to User at such time as County, at its convenience, can obtain the copies of said information for User_ An estimate of the total amount shall be paid to the Department possessing the documents before any documents are copied. If the estimate exceeds the cost incurred to assemble and copy the data, including any programming required therefore, the balance will be refunded. If the estimate is not sufficient to cover ;.he cost incurred to assemble and copy the data, including any programming required therefore, User will pay the balance before the copies are released to User. r The parties understand and agree that County is 'not selling the filing information but rather only recovering its costa of assembling and copying the information, including the cost of any programming associated therewith, so that User is able to obtain copies of County's filing information without monetary consideration beyond the aforestated agreed actual costs of assembling and copying the information, including any programming associated therewith. User understands and agrees that this Agreement is not for sale of goods and is not subject to the provisions of the California Commercial Code or any other law pertaining to sales of goods . 3 . COUNTY'S DISCLOSURE AND DISCLAIMER; WARNT=TO USER; USER`S WAIVER. USER UNDERSTANDS AND AGREES THAT ANY COMPUTER PROGRAAMiING IS DONE BY COUNTY AS A COURTESY TO USER TO ALLOW FILING INFORMATION DATA TO BE COPIED IN THE FORM DESIRED BY USER, RATHER TV-AN THE FORM MAINTAINED BY COUNTY, AND USER FURTHER UNDERSTANDS AND AGREES : A. THAT THE FILING INFORMATION DATA IS COPIED OR DERIVED FROM RECORDS MAINTAINED BY COUNTY FOR COMM USE AND THAT THE USER'.S USE OF SUCH DATA IS COMPLETELY INCIDENTAL TO THE PURPOSE OF COUNTY USE FOR WHICH THE DATA HAS BEEN MAINTAINED. B. THAT THE DATA .HAS NOT BEEN DEVELOPED WITH THE INTENT OF USE OR BENEFIT TO AYYCNE OTHER Til COUNTY AND HAS NOT BEEN MAINTAINED IN A MANNER INTENDED TO BE USEABLE, ACCURATE OR BENEFICIAL FOR USER'S USE. C. THAT IT IS QUITE POSSIBLE THAT ER.RORS. AND .OMI35I01;S HAVE OCCURRED IN ANY PROGRAMMING DONE BY COUNTY TO PROVIDE THE DATA IN THE FORM DESIRED BY USER, AND USER FURTHER UNDERSTANDS AND AGREES THAT IT IS HIGHLY PROBABLE THAT ERRORS AND OMISSIONS WILL OCCUR IN ANY RECORD KEEPING PROCESS, ESPECIALLY WHEN LARGE NUMBERS OF RECORDS ARE DEVELOPED AND MAINTAINED;. NOTWITHSTANDING, USER AGREES q,0 TAKE THE RECORDS "AS IS". FULLY EXPECTING THAT THERE MAY WELL BE ERRORS AND OMISSIONS. IN THE DATA OBTAINED MOM COUNTY. D. 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 AND ANY PROGRAMMING USED TO OBTAIN THE DATA IN THE FORM DESIRED BY USER, NOR AS TO WK=R THE DATA IS UP-TO-DATE, COMPLETE OR BASED UPON ACCURATE OR MEANINGFUL FACT. S. 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, WsMTn. R DIRECT, INDIRECT. INCIDENTAL, CONSEQUENTIAL OR OTHERWISE, RESULTING FROM ANY ERROR OR OMISSION IN SUCH DATA OR IN ANY PROGRAMMING USED TO OBTAIN THE DATA IN THE FORM DESIRED BY USER, OR IN ANY. MANNER - 2 - ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE DATA PROVIDED I HERSDNDf:R. 4 . Third Party Uee of Data; User's Iadennification A. User agrees that it will provide no copy (or paxtial copy) of any filing information data to any other entity, business or individual without 1) disclosing that the copy (or partial copy) of the data ie obtained .from Contra Coeta records and 2) including a complete copy of Paragraph 3 of this agreement with the copy (or partial copy) of the record. B. User hereby agrees to defend, save, hold harmless and indemnify County and its officers, employees and agents, against claims by anyone for any lose, injury, damage, risk, cause of action, or liability of any type (including legal fees) occurring to User or any other person, relating to or arising out of the subject matter of this Agreement, or which may be alleged to have been caused, either directly or indirectly, by the acte, conduct , omissions, negligence or lack of good faith of County, its offices, agents or employees in any way related to or arieina out of the subject matter of thin Agreement. Thin subsection 4 .B shall survive any termination of this agreement. S . Defenees of County User understands and agrees chat this ie the entire agreement for the use of filing information and that nothing that may be stated or done 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 Agreement _ 6 . Termination This agreement can be terminated. by any party for any reason or for no reason on thirty (30) days written notice to the other party or parties .