HomeMy WebLinkAboutMINUTES - 01102006 - C.36 1`0 BOARD OF SUPERVISORS '� �`" .. Contra
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR
o .. ,'s Costa
n z
DATE: January 10 2006ebv ��oa County
STA ia`�'t
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, 2006 through January 31, 2007, Countywide
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 Dennis Chebotarev
in the amount not to exceed $160,000 to provide system administration and programming services,for the period
February 1, 2006 through January 31, 2007, Countywide area. (All districts).
FISCAL IMPACT:
All costs are supported by 40%gas tax revenue, 20% Other Agencies, 20% Land Development Fees, 20% Flood
Control District revenue funds.
Continued on Attachment: ® SIGNATURE: lelll�
2-'RECOMMENDATION OF COUNTY ADMINISTRATOR ❑ RECOMMENDATION OF BOARD COMMITTEE
❑APPROVE ❑ OTHER
r
SIGNATURE(S):
ACTION OF BOA(F)ON�� (/
APPROVED AS RECOMMENDED OT ER
VOTE OF SUPERVISORS
UNANIMOUS(ABSENT ) I hereby certify that this is a true and correct copy of an action
AYES NOES: taken and entered on the minutes of the Board of Supervisors on
ABSENT: ABSTAIN: the date shown. // � \
MKS: '' / n_ �t f �tV1 ✓i��
G:\Compsvcs\Admin\Contracts\DennisCheboratev\2006 ATTESTED: "// �w I
Orig.Div:Public Works Computer Services JOHN SWEETEN,Clerk of the BoarOf Supervisors and County
Contact: Barry Schamach,(313-2185)
cc: Administrator—Ann.E.Kuevor Administrator
Auditor-Controller
General Services,Purchasing
CAO By O 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, 2006 through January 31, 2007, Countywide
area. (All Districts).
DATE: January 10, 2006
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.
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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 Siskivou Court
Walnut Creek, CA 94598-2115
(c) Project Name, Number, & Location: Contract Database Consultant
(d) Effective Date: February 1, 2006 (e) Payment Limit(s): $160,000
(f) Completion Date(s): January 31, 2007
2. Signatures. These signatures attest the;parties' agreement hereto:
PUBLIC AGENCY CONSULTANT
By: Maurice Shiu �, � /' e �/ s
Public Works Director/ By: C�'�� -✓
Chief Engineer, or Designee (Designate official capacity in the business Type of Business:
(sole proprietorship,.government agency, partnership, corporation, etc.)
If Corpo a io State o01corpora tion:
By: t_d iJ f 1 ��n. By,
(De ig ate bfri-cibi ca acity 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 )
r ) ss.
County of )
On the date written below, before me, the undersigned Notary Public, personally appeared the person(Wsigning above for
onsultant,personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose nameX
subscribed to the within instruent and acknowledged to me that e/ /tVy executed the same it hi /kTAbiO
authorized capacity(iK, and that by is Y /I:Wr signatureo_Con the instrument the personK,, or the entity upon behalf of
which the personal acted, executed a instrument.
WITNESS my hand nd official seal.
Dated: 1 J, V2�lj5
ota is
(Notary's Sea!)
LISA A.DALZIEL
Commission# 1377110
_ Notary Public - C00 000
I Contra Costa County
My Comm Expires Sep28,�Tb
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3. Parties. Effective on the above date,i the above-named Public Agency and Consultant mutually agree and promise as
follows:
4. EMPIDyment. 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.
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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
$11,000,000.00 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 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.
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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.
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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 lConsultant 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.
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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. 1
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. i
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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(6/96)
G:Xgrpdatatcompsvcs\adrndntcontmctsldennis2GO6
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Appendix "A"
Scope 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 Works is cross-trained in the backup
software and procedures, contractor will i 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 run 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
GIS data.
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4. Application Development
Provide programming resource for Oracle application development, including the AOB System and Document
Imaging.
5. Other Agencies
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Other departments are paying for contractor to perform programming services. Includes interface from Permits
Plus to JBS and providing SDE support for county-wide GIS program.
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Appendix "B" j
Contractor Rate
1. Contractor rate is $80.00 per hour.
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2. The total payment limit on the contract includes reimbursement for incidental expenses that
may occur during the course of the term of this contract. These expenses may include
training and travel required by the department. Reimbursement shall be at the same rate
and manner as reimbursements for county employees.
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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 owri Workers' Compensation Insurance, Professional
Liability Insurance or Comprehensive General Liability Insurance.
9. Status
Contractor will be employed by Conta Costa County as a contract employee.
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15. Payment Retention
Contractor will not be subject to Pay i ent Retention.
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kae.� v� • ;-/("/fl,b C, 1
CONSULTING SERVICES AGREEMENT f
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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
i
Walnut Creek, CA 94598-2115
(c) Project Name, Number, & Location: Contract Database Consultant
(d) Effective Date: February 1, 2006 (e) Payment Limit(s): $160,000
(f) Completion Date(s): January 31, 2007
2. Signatures. l :s'agreement hereto:
PUBLIC AGEf f y / CONSULTANT
By: Maurice S � C
Public Works � By: mad
Chief Enginee � � —;(Designate official capacity in the business Type of Business:
(sole proprietorship, government agency, partnership, corporation, etc.)
If Corpo a io State01corporation:
By:e 4&A10
lnn. By:
(De ig ateffic I ca acity 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.
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CERTIFICATE OF ACKNOWLEDGMENT
I
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State of California )
ss.
County of )
On the date written below, before me, the 6ndersigned,Notary Public, personally appeared the personigning above for
,Q,onsultant,personally known to me(or proved to me on the basis of satisfact r evidence)to be the person(s)whose nameX
UAAAr subscribed to the within instru ent land acknowledged to me that e/ /tV executed the same it hi /t{{�0099
authorized capacity(iW, and that by is V/tl & signature,(,s�Con the instrument the personK, or the entity upon behalf of
which the personacted, executed t e instrument.
WITNESS my handnd official seal.
Dated: 5
i
� of is
I
(Notary's Seal)
LISA A.DALZIEL
Commission# 1377110
Z Notary Public - CalifOfnia
Contra Costa County
My Comm.ExpiresSep28,MJ
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3. Parties. Effective on the above date,the above named Public Agency and Consultant mutually agree and promise as
follows: I
4. Employment. Public Agency hereby employs Consultant, and Consultant accepts such employment, to perform the
professional services described herein, upon t ie terms and in consideration of the payments stated herein.
5. Scope of Service. Scope of servic I shall be asIdescribed 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,withla 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 Ci nsultant 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'lin 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. I.
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.
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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 belpaid for the extra work at a rate to be mutually agreed on prior to
commencement of the extra work. Inlno 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.
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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 accordancel 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 I ption, 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 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 priorlto completing all of the services described in this Agreement, Consultant shall,
without delay, deliver to Public Age n cy 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.
1
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. i
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 Lall 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 lrecords 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 orlroyalty 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.
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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 liabilityfor 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,lnegligence 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,Iwill 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.
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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 shaft 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 atteJ 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:\grptlata\compsvcs\admin\contracts\dennis2006
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/appendix "N'
Scope 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 Works is cross-trained in the backup
software and procedures, contractor will administer and maintain the backup process.
C
2. Storm Water Utility Fee Assessment
Contractor is the author and administrator of the scripts that are currently used to run 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 . lssessment 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
GIS data.
4. Application Development
Provide programming resource for Oracle application development, including the AOB System and Document
Imaging.
5. 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 GIS program.
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Appendix "B"
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Contractor Rate
1. Contractor rate is $80.00 per hour.
2. The total payment limit on the contract includes reimbursement for incidental expenses that
may occur during the course of the term of this contract. These expenses may include
training and travel required by the department. Reimbursement shall be at the same rate
and manner as reimbursements for county employees.
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Appendix "C"
Amendments to Consulting Services Agreement
1
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.
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