HomeMy WebLinkAboutMINUTES - 01042005 - C95-C98 TO: BOARD OF SUPERVISORS Contra
FROM: MAURICE M. SHIU,PUBLIC WORKS DIRECTOR a Costa
DATE: January 4, 2005 °;A_roix ,�ounty
r
SUBJECT: APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract with
Allison J. Gibbs in an amount not to exceed $70,000 to provide Geographic Information System
(GIS) support and programming services, for the period January 16, 2005 through January 15,
2006, County wide area. (All Districts).
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDED ACTION:
APPROVE and AUTHORIZE the Public Works Director,or designee,to execute a contract with Allison J. Gibbs
in the amount not to exceed $70,000 to provide GIS system support and programming services, for the period
January 16, 2005 through January 15, 2006, Countywide area. (All districts).
FISCAL IMPACT:
None.All costs are supported by 40%Road Fund,40%Flood Control District revenue funds, 10%Special Districts,
10%Land Development Fees.
Continued on Attachment: ® SIGNAW�E: R
Y
a-RECOMMENDATION OF COUNTY ADMINISTRATOR,,__ ❑ RECOMMENDATION OF BOARD COMMITTEE
aA.PPROVE ® OTHER
F �
SIGNATURE(S)c'
ACTION OF Bq; ON
D
APPROVED AS RECOMWDll
OTHER
I
VOTE OF SUPERV€SOBSI hereby certify that this is a true and correct copy of an action
UNANIMOUS(ABSENT ) taken and entered on the minutes of the Board of Supervisors on
AYES: NOES:
ABSENT: ABSTAIN: the date shown.
IZB:
G:\Compsvcs\Admin\Contracts\AlGibbs ATTESTED:
Orig.Div:Public Works Computer Services JOHN SWEETEN,Clerk of the'Fioard A Supervisors and County
Contact: Irma Bergeron,(313-2353)
ec: Administrator—Attn.E.Kuevor Administrator
Auditor-Controller
General Services,Purchasing
CAO By ;i _ � Deputy
Public Works:Accounting :�
SUBJECT: APPROVE and AUTHORIZE the Public Works Director or designee, to execute a contract with
Allison J. Gibbs in an amount not to exceed$70,000 to provide GIS system support and
programming services, for the period of January 16, 2005 through January 1,5, 2006, County
wide area. (All Districts).
DATE: January 6, 2005
PAGE: 2 of 2
REASONS FOR RECOMMENDATIONS ANI?BACKGROUND:
The Public Works Department is employing this consultant to provide the following services for the GIS system:
- Transition into ArcSDE and ArcINIS environments
-Application development to utilize our Department's GIS data resources for Flood Control,
Transportation Engineering,Accounting,Real Property and other divisions.
- Train Public Works Department staff on how to use ArcExplorer 9 and above mentioned applications.
CONSEQUENCES OF.NEGATIVE ACTION:
Service described in section Reasons for Recommendations and Background will not be performed. Also,possible
interruption to other divisions providing services due to lack of resource.
CONSULTING SERVICES AGREEMENT
1. Special Conditions. These Special Conditions are incorporated below by reference.
(a) Public Agency: Contra Costa County Public Works Department
(b) Consultant's Name &Address: Allison J. Gibbs
57 Bayview Terrace
Mill Valley, CA 94941
(c) Project Name, Number, &Location: Contract GIS Consultant
(d) Effective Date: January 16,2005 (e) Payment Limit(s): $70,000
(f) Completion Date(s): January 15,2006
2. Signatures. These signatures attest the parties'agreement hereto:
PUBLIC AGENCY CONSULTANT
By: Maurice Shiu
Public Works Director/ By: vomsem%Chief Engineer, or Designee (Designatcial capacity in the business Type of Business:
(sole pr prietorship, government agency, partnership, corporation, etc.)
n if Corporation, State of Incorporation:
l
(Designate official capacity in the business)
Note to Consultant: For corporations, the contract must be signed by two officers. The first signature must be that of the
chairman of the board, president, or vice-president; the second signature must be that of the secretary,assistant secretary,
chief financial officer,or assistant treasurer.(Civ.Code,Sec. 1190 and Corps.Code.Sec.313.)The acknowledgment below
must be signed by a Notary Public.
CERTIFICATE OF ACKNOWLEDGMENT
State of California }
M
County of 0 ..
On the date written below, before me, the undersigned Notary Public, personally appeared the personX signing above for
onsultant,personally known to me(or proved to me on the basis of satisfact ry evidence)to be the personwhose nametW
is re subscribed to th within instr ent and cknowledged to me Chats a executed the same inty`�'h
authorized capactty(i and that b his/ a ei signature on the instrument the personl)C or the entity upon behalf of
which the person acted, executed the i strument.
WITNESS my h nd an official seal. 4 f
Dated:
i
Notary Public
(Notary's Seal) LISA LZIE
Commission# 13771 ID
„ Notary Public - Ctaftfc tNO
Contra Costa county
My Comm,Expires Sep 2$.M .
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 numbers 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 documents 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. Consultant shall, at no cost to Public Agency, obtain and maintain during the term hereof: (a)Workers'
Compensation Insurance pursuant to state law; (b) Professional Liability Insurance with minimum coverage of
$1.000,000.00 and a maximum deductible of $250,000.00; and (c) Comprehensive General Liability Insurance,
including blanket contractual(or contractual liability)coverage,broad form property damage coverage,and coverage for
owned and non-owned vehicles,with a minimum combined single limit coverage of 1,000,000.00 for all damages due
to bodily injury,sickness or disease,or death to any person,and damage to property, including the loss of use thereof,
arising out of each accident or occurrence,and naming Public Agency,Contra Costa Public Works Department,its/their
governing bodies, officers and employees as additional insureds. Consultant shall promptly furnish to Public Agency
certificates of insurance evidencing such coverage and requiring 30 days' written notice to Public Agency of policy
lapse, cancellation or material change in coverage.
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 shah 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 Appendix 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 Agency.At its option,Public Agency shall have the right to terminate this Agreement at anytime
by written notice to Consultant,whether or not Consultant is then in default. Upon such termination, Consultant shall,
without defy, 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 and regulations, whether federal, state, or local in origin. This includes compliance with prevailing
wage rates and 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 defend, indemnify, save and hold harmless Public Agency, Contra Costa Public
Works Department, its/their governing bodies,officers and employees from any and all claims,costs and liability for any
damages,injuryor death arising directly or indirectly from,or connected with,the services provided hereunder and due
to, or claimed or alleged to be due to, negligence or willful misconduct of Consultant, its officers,employees,agents,
subconsultants,or any person under its direction or control,save and except claims or litigation arising through the sole
negligence or sole willful misconduct of Public Agency, and will make good to and reimburse the indemnitees for any
expenditures, including reasonable attorney's fees, the indemnitees may make by reason of such matters and, if
requested by any of the indemnitees,will defend any such suits at the sole cost and expense of Consultant.
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 governing 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. Signatures.These signatures attest the parties' agreement hereto:
County of Contra Costa, California
By:
Purchasing Designee
Approved by County Administrator:
By:
County Administrator Designee
Attachments:Appendix A and Appendix B
Form approved by County Counsel(6/96)
G:�grpdatalcompsvcs\adminkeontractsWennis2o05
._._........................................._........................._.....................---------....
Appendix "A"
Scope of Work
Provide key technical experience/support for our Department's GIS program. Develop and maintain GIS
applications, provide GIS service to staff and support system users. Responsible for working-with staff`or
consultants to collect, analyze, standardize and digitize geospatial and tabular datasets; maintain the applications;
provide GIS support, services and products (maps, reports, etc.) to users; produce GIS-based analyses with
accompanying graphics; and provide training as required. Transition into ArcSDE and ArcIMS environments;
applications development to utilize our Department's GIS data resources for Flood Control,Transportation
Engineering, Accounting, Real Property and other divisions;
Train staff on how to use various GIS applications.
Appendix "B„
Contractor Rate
Contractor rate is $30.00 hour.
Appendix "C"
Amendments to Consulting Services Agreement
The following paragraphs are hereby excluded from the Consulting Services Agreement:
7. Insurance
Contractor will not be required to carry his own Workers' Compensation Insurance, Professional
Liability Insurance or Comprehensive General Liability Insurance.
9. Status
Contractor will be employed by Contra Costa County as a contract employee.
15. Payment Retention
Contractor will not be subject to Payment Detention.
TO: BOARD OF SUPERVISORS $ Contra
iM
FROM: lit1AURICE M. SHIU,PUBLIC WORKS DIRECTOR
o
Costa
DATE: January 4, 2005 s K'`'' �..,r o u n ly
SUBJECT: APPROVE and AUTHORIZE the Public Works Director, or designee,to execute a contract with
Dennis Chebotarev in an amount not to exceed$160,000 to provide system administration and
programming services, for the period February 1, 2005 through January 31, 2006, Countywide
area. (All Districts).
SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION
RECOMMENDED ACTION:
APPROVE and AUTHORIZE the Public Works Director,or designee,to execute a contract with Dennis Chebotarev
in the amount not to exceed$160,000 to provide system administration and programming services, for the period
February 1, 2005 through January 31, 2006, Countywide area. (All districts).
FISCAL. IMPACT:
All costs are supported by 40% gas tax revenue, 20% Special Districts, 20% Other Agencies, 10% Land
Development Fees, 10%Flood Control:District revenue funds.
Continued on Attachment: ® SIGNATURES
a RECOMMENDATION OF COUNTY ADMINISTRATOR ti, [] RECOMMENDATION OF BOARD COMMITTEE
a--APPROVE OTHER
SIGNATURE(S)'---I-
ACTION
IGNATURE(S)'---`-
ACTION OF B&R"D ON
APPROVED AS-RECOMMENDED OTHER
VOTE OF SUPERVISORS I herebycertify that this is a true and correct co of an action
UNANIMOUS(ABSENT �` y copy
—�— AYES; NOES: taken and entered on the minutes of the Board of Supervisors on
ABSENT: — ABSTAIN:
MKS: the date shown
�
G:\C`ompsvcs\Admin\Contraets\DennisCheboratev12405 ATTESTED:
Orig.Div.Public Works Computer Services JOHN SWEETEN,Clerk of thl' oard oSupervisors and County
Contact: Barry Schamach,(313-2185) Administrator
cc: Administrator—Attn.E.Kuevor
Auditor-Controller
General Services,Purchasing
CAO By (0 �-4 � F Deputy
Public Works:Accounting
SUBJECT: APPROVE and AUTHORIZE the Public Works Director or designee, to execute a contract with
Dennis Cheboratev in an amount not to exceed$160,000 to provide system administration and
programming services, for the period of February 1, 2005 through January 31, 2006, Countywide
area. (All Districts).
DATE: January 4, 2005
PAGE: 2 of 2
REASONS FOR RECOMMENDATIONS AND BACKGROUND:
The Public Works Department is employing this consultant to provide the following services for the Oracle
database:
- Tape Backup (via the StorageTek jukebox)
- Storm Water Utility Fee
- Build/Maintain Spatial Database Engine for departmental (Geographic Information System)program
- Application Development(AOB System, document management)
Other departments are using this consultant to provide a Sierra Joint Billing System Interface, and to provide
database support for Countywide GIS programs.
CONSEQUENCES OF NEGATIVE ACTION:
Service described in section Reasons for Recommendations and Background will not be performed.Also,possible
interruption to production database services due to lack of resource.
CONSULTING SERVICES AGREEMENT
1. Special Conditions. These Special Conditions are incorporated below by reference.
(a) Public Agency: Contra Costa County Public Works Department
(b) Consultant's Name&Address: Dennis Chebotarev
208 Siskiyou Court
Walnut Creek CA 94598-2115
(c) Project Name, Number, & Location: Contract Database Consultant
(d) Effective Date: February 1, 2005 (e) Payment Limit(s): $160,000
(f) Completion Date(s): January 31, 2006
2. Signatures. These signatures attest the parties'agreement hereto:
PUBLIC AGENCY CONSULTANT
By: Maurice Shiu 'y, 6,,-
Public Works Director/ By: /�'c't�sa r`s �, �irA-, -�-�-�
Chief Engineer, or Designee (Designate official capacity in the business Type of Business:
(sole proprietorship, government agency, partnership, corporation, etc.)
f
If Corporation, State of Incorporation:
By: iC ,. .,`y 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.
CERTIFICATE OF ACKNOWLEDGMENT
State of California �f )
t # .1..�Gt ) ss.
County of )
On the date written below, before me, the undersigned Notary Public, personally appeared the person signing above for
-Consultant,personally known to me(or proved to me on the basis of satisfactory evidence)to be the person*who e nam
i �Ksubscribed to he within instr nt and acknowledged to me thati�4Ce"y executed the same in his t1 f/tlf
authorized capacity(ie1, and that b hi htr signatureon the instrument the persons or the entity upon behalf of
which the erson acted executedinstrument.
p ` ,
WITNESS my and an official sea(. t' r
Dated:
" No a y Public
Seal `Sdb—A
(Notary's ) s y LISA A.DALZIEL `
Commission# 1377110 L
*My
Notary Public - California
Contra Costa County
Comm.Eqoires Sep 28,2006
•wr■as
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 numbers 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 documents 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. Consultant shall, at no cost to Public Agency, obtain and maintain during the term hereof: (a)Workers'
Compensation Insurance pursuant to state law; (b) Professional Liability Insurance with minimum coverage of
$1,000,000.00 and a maximum deductible of $250,000.00; and (c) Comprehensive General Liability Insurance,
including blanket contractual(or contractual liability)coverage, broad form property damage coverage,and coverage
for owned and non-owned vehicles,with a minimum combined single limit coverage of $1,000,000.00 for all damages
due to bodily injury, sickness or disease, or death to any person, and damage to property, including the loss of use
thereof, arising out of each accident or occurrence, and naming Public Agency, Contra Costa Public Works
Department, its/their governing bodies,officers and employees as additional insureds.Cons ultant shall promptly furnish
to Public Agency certificates of insurance evidencing such coverage and requiring 30 days'written notice to Public
Agency of policy lapse, cancellation or material change in coverage.
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 Consulta nt 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 avaiiabie 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 plan s,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 Appendix 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 Agency.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. Campiiance with Laws. In performing this Agreement, Consultant shall comply with all applicable laws, statutes,
ordinances, rules and regulations, whether federal, state, or local in origin. This includes compliance with prevailing
wage rates and 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 pians,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 defend, indemnify, save and hold harmless Public Agency, Contra Costa Public
Works Department, its/their governing bodies,officers and employees from any and all claims, costs and liability for
any damages,injury or death arising directly or indirectly from,or connected with,the services provided hereunder and
due to, or claimed or alleged to be due to, negligence or willful misconduct of Consultant, its officers, employees,
agents,subconsultants,or any person under its direction or control,save and except claims or litigation arising through
the sole negligence or sole willful misconduct of Public Agency,and will make good to and reimburse the indemnitees
for any expenditures, including reasonable attorney's fees,the indemnitees may make by reason of such matters and,if
requested by any of the indemnitees,will defend any such suits at the sole cost and expense of Consultant.
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 governing 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. Signatures. These signatures attest the parties'agreement hereto:
County of Contra Costa, California
By:
Purchasing Designee
Approved by County Administrator:
By:
County Administrator Designee
Attachments:Appendix A and Appendix B
Form approved by County Counsel(6196)
G:lgrpdata%compsvcs\admin\contractsldennis26i75
Appendix "A"
Scone of Work
1. 'Tape Backup
Act as primary administrator of the StorageTek tape jukebox, which is used to back up all the departmental
Network and Database data. Until the Network Administrator @ Public Warks is cross-trained in the backup
software and procedures, contractor will administer and maintain the backup process.
2. Storm Water Utility Fee Assessment
Contractor is the author and administrator of the scripts that are currently used to nunn the annual Storm Water
Utility Fee(SWUF)Assessment. Contractor is the only staff member who has worked on this Assessment
continuously for the last 6 years. This Assessment generates $12 million for the Clean Water Program annually.
3. SDE Database
Provide support for departmental SDE (Spatial Database Engine),which will be used to store all departmental
GTS data.
4. Application Development
Provide programming resource for Oracle application development, including the AOB System and Document
Imaging.
S. Other Agencies
Other departments are paying for contractor to perform programming services. Includes interface from Permits
Plus to JBS and providing SDE support for county-wide GTS program.
Appendix "B"
Contractor Rate
Contractor rate is $80.00 hour.
..............................
....................................... ...................
.....................................................................
Appendix "G"
Amendments to Consulting Services Agreement
The following paragraphs are hereby excluded from the Consulting Services Agreement:
7. Insurance
Contractor will not be required to carry his own Workers' Compensation Insurance, Professional
Liability insurance or Comprehensive General Liability Insurance.
9. Status
Contractor will be employed by Contra Costa County as a contract employee.
15. Payment Retention
Contractor will not be subject to Payment Retention.
TO: BOARD OF SUPERVISORS � . Contra
FROM: MAURICE M. SHIUCaste, PUBLIC WORKS DIRECTOR � �+
DATE: JANUARY 4,2005 cos q {U ` A.' o u my
SUBJECT: Kids at Work License Agreement Amendment 77
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDED ACTION:
APPROVE and AUTHORIZE the Public Works Director, or designee, to execute an amendment to the June 27,
1995 License Agreement and, if necessary, any future amendments to said agreement, effective January 1, 2005
The amendment modifies the License Agreement as follows: 2. TERM: Extends the term from December 31,2005
until December 31, 2009. 5. FEE: Reduces the monthly fee from $800.00 per month to $200.00 per month.
FISCAL IMPACT:
County will continue to receive a monthly License Fee of$200.00. The fees will be deposited into the County
General Fund. (100300-0115, "Child Care License Fee")
Continued on Attachment: ® SIGNATURE:
f
D'R.ECOMMENDATION OF COUNTY ADMINISTRATOR ❑ RECOMMEI T OARD COMMITTEE
❑-r" PPROVE ® OTHER '
SIGNATURE(S):''...
ACTION OF BOA 14 ON
APPROVED AS k COMMENDED O'P' ER '❑
VOT OF SUPERVISORS
�, UNANIMOUS(ABSENT fi ��,� � I hereby certify that this is a true and correct copy of an action
taken and entered on the minutes of the Board of Supervisors on
AYES: NOES:
ABSENT: ABSTAIN: the date shown.
KL:eh:lad f
G:\GrpData\RealProp\2004-Files\SOS&RESIFSO Kids at Work-revised.dnc ATTESTED: b ia' _t� Q3
Orig.Div:Public Works(Real Property Division) JOHN SWEETEN,Clerk of the t&rd of'*4pervisors and County
Contact: (Karen Laws—313-2228) Administrator
cc: County Administrator „
aBy �U l� 01- �`� Deputy
SUBJECT: Kids at Work License Agreement Amendment
DATE: December 7, 2004
PAGE: 2 of 2
REASONS FOR RECOMMENDATIONS AND BACKGROUND:
The Contra Costa Public Works Early Childhood Center(DBA Kids at Work)has been operating successfully for
almost 10 years. Extending the term of the license agreement and adjusting the monthly fee allows us to continue to
provide day care for the children of County employees.
CONSEQUENCES OF NEGATIVE ACTION:
Not extending the term and adjusting the monthly fee may j eopardize the continued operation of the center at rates that are
competitive with ether centers.
Y- P CONTRA COSTA COUNTY
255 Glacier Drive
Martinez, California 94553
AMENDMENT TO LICENSE AGREEMENT
with Contra Costa Public Warks Early Childhood Center
(DBA Kids at Work)
1. EFFECTIVE DATE AND PARTIES. Effective on January 1, 2005, Contra Costa County (herein called
""COUNTY"), and Contra Costa Public Warks Early Childhood Center (DSA Kids at Work) (herein called
"LICENSEE"),mutually agree as follows:
2. PURPOSE. The parties desire to amend the agreement they entered into, effective June 27, 1995, entitled
"License Agreement,"to provide a time extension for the term and reduce the License Fee.
3. AMENDMENT. Said agreement is hereby amended as follows:
2. TERM: Change the termination date from December 31, 2005, to December 31, 2009.
"The term of this Agreement shall be for the period commencing March 1, 1995 and
ending December 31,2009."
5. FEE. Change the License Fee from$800 per month to $200 per month
"As consideration for the granting of this License to use the Property,LICENSEE agrees
to pay COUNTY a license fee of$200 per month,payable in advance on the first day of
each month beginning January 1,2005. LICENSEE has the right to prepay any license
fee prior to the month in which it would otherwise become due."
4. EFFECT. Except for the amendment agreed to herein, said agreement remains in full force and effect.
IN WITNESS WHEREOF,this Agreement has been executed,in triplicate by and on behalf ofthe parties hereto,the day
and year first above written.
CONTRA COSTA COUNTY, LICENSEE.
a political subdivision of the Contra Costa Public Works Early
State of California Childhood Center
(D 'ds at Work
Byf t.
MaurShiu President, Bo d
Public Works Director
RECOM T DED FOR.APPROVAL: Secretary, Board of irectors
B
Date of Board Approval
Farm approved by County Counsel(3/00)
G;\GrpData\RealProp\2004-Piles\04-11\AG24 Kids at Work.doc
11/15/04