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Home My WebLink AboutMINUTES - 06281994 - 1.45 TO: BOARD OF SUPERVISORS Contra FROM: Phil Batchelor, County Administrator f . Costa '< County DATE' June 13,1994 SUBJECT: Agreements for Computer Services SPECIFIC.REOUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. RECOMMENDED ACTION: Approve and authorize the Chair of the Board of Supervisors to execute an. agreement with the State of California - Department of Insurance for a CLETS (California Law Enforcement Telecommunication Systems) connection through the County's computers. II. FINANCIAL IMPACT: Data Processing Services will receive $165.00 in monthly revenue from this connection. III. REASON FOR RECOMMENDATION AND BACKGROUND: Through the County's computers and communication networks we are able to provide inter-agency communications capabilities to City, County, State and Federal.agencies. One of these programs is known as ACCJIN which ties most of the County, City and special district police agencies into a single network. ACCJIN is able to access the state's CLETS network enabling all the ACCJIN agencies to access CLETS information. Qualified non-county law enforcement agencies can access ACCJIN through the County's computers for a one time participation fee and a monthly service charge. This is the situation with the Department of Insurance. IV. CONSEQUENCES OF NEGATIVE ACTION: If the request is not approved, the County will not be able to generate this revenue. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE (S): ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS 1 HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS(ABSENT AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. CC: ATTESTED - - Q p`�h Alan Schulze LW PHIL UTCHELOR,CLERK OF THE RD OF SUPERVISORS AND COUNTY ADMINISTRATOR BY .► a DEPUTY M382 (10/88) STATE OF CALIFORNIA ' Or ST'�\NIJARD AGREEMENT- APPROVED BY THE CONTRACT NUMBER AM.NO. ATTORNEY GENERAL STD.2(REV.5-91) MA-940084 TAXPAYER'S FEDERAL EMPLOYER IDENTIFICATION NUMBER THIS AGREEMENT,made and entered into this 7th day of June -19 94 in the State of California,by and between State of California,through its duly elected or appointed,qualified and acting TITLE OF OFFICER ACTING FOR STATE AGENCY Contracting Officer Department of Insurance hereafter called the State,and CONTRACTOR'S NAME Contra Costa County Data Processing Services hereafter called the Contractor. _ WITNESSETH: That the Contractor for and in consideration of the covenants,conditions,agreements,and stipulations of the State hereinafter expressed, does hereby agree to furnish to the State services and materials as follows: (Set forth service to be rendered by Contractor,amount to be paid Contractor, time for performance or completion,and attach plans and specifications,if any.) (SEE ATTACHED) CONTINUED ON SHEETS,EACH BEARING NAME OF CONTRACTOR AND CONTRACT NUMBER. The provisions on the reverse side hereof constitute a part of this agreement. IN WITNESS WHEREOF,this agreement has been executed by the parties hereto,upon the date first above written. STATE OF CALIFORNIA CONTRACTOR AGENCY CO ACTOR(!/ herthan I individual,state whether a corporation,partnership,etc.) rt-me - of Insurance t__4 BY(AUTHORIZED SIGNATURE) BY AUTHO D SIGNA RE) D D PRINTED NAME OF PERSON SIGNING PRIN AND TITLE OF PERSON SIGNING Sandy Poindexter TITLE ADDRESS Chief Contract and Procurement Unit .30 Dou las Dr. Martinez CA 94553-4068 AMOUNT ENCUMBERED BY THIS PROGRAM/CATEGORY(CODE AND TITLE) FUND TITLE Department of General Services DOCUMENT $ 1 ,980.00 Insurance use only (OPTIONAL USE) PRIOR AMOUNT ENCUMBERED FOR This contract is exempt THIS CONTRACT ITEM CHAPTERSTATUTE FISCAL YEAR from DGS approval per $ r0 2290-001-217 1994 '94/95 SAM Section 1215 TOTAL AMOUNT ENCUMBERED TO DATE OBJECT OF EXPENDITURE(CODE AND TITLE) $ 1 ,980.00 Index 4720 PCA 20020 l hereby certify upon my own personal knowledge that budgeted funds T.B.A.NO. are available for the period and purpose of the expenditure stated above. SIGNATURE OF ACCOUNTING OFFICER DATE D - F] CONTRACTOR. STATE AGENCY DEPT.OF GEN.SER. 0 CONTROLLER i j - i COMPUTER SERVICES CONTRACT 1. Contract Identification: Department: Data Processing Services Subject: Computer Services 2. Parties: The County of Contra Costa, California (County), for its Department named above, and the following named Agency requini g service(Agency) mutually agree and promise as follows: Customer: Insurance Fraud Bureau Address: 1340 Arnold Driv� Martinez, Ca. 94553 3. Term: The effective date of this Contract isJu'Y 1 ,1994and it terminates June 30, 1995 unless sooner terminated as provided herein. 4. Termination: This Contract may be terminated by either party, at their sole discretion, upon thirty day advance written notice thereof to the other, and may be cancelled immediately by written mutual consent. 5. Agency's Obligations: In consideration of County's provision of services as described below, Agency shall: El a. (all public agencies) shall pay County monthly for services provided hereunder upon submission of a properly documented demand for payment, in accordance with the per-unit costs expressed in the Service Plan. ❑ b.(all non-public agencies) pay County (quarterly, monthly, year for services provided hereunder, upon submission of a properlydocumented demand for payment, in accordance with the per-unit costs expressed in Scn-ices Plan. 6. Countv's Obligation: Sec Service Plan. i 7. Third Party use of Data: user's Indemnification. User hereby agrees to defend, save, hold harmless and indemnity County and its officers, employees and agents, against claims by anyone for any loss, injury, damage, risk, cause of action, or liability of any type (including legal fees)occurring�o User or any other person, relating to or arising out of the subject matter of this Contract, or which may be alleged to have been caused, either directly or indirectly, by the acts, conduct, omissions, negligence or lack d,good faith of County, its officers, agents or employees in any way related to or arising out of the subject matter of this contract. 8. Countv's Disclosure and Disclaimer: Warning to User; User's Waiver: a. That Countv makes absolutely no warranty whatsoever, whether expressed or implied, as to the _ accuracy, thoroughness, value,l quality, validity, merchantability. suitability, condition, or fitness for a particular purpose of the data, nor as to whether the data is up-to-date, complete or based upon accurate or meaningful facts. User agrees to take the records "as is," fully expecting that there may well be errors and omissions in the data obtained through the system. I b. That User hereby forever waives any and all rights, claims, causes of action or other recourse that it might otherwise have against County for any injury or damage of any type, whether direct, indirect, i - incidental, consequential or otherwise, resulting from any error or omission in such data, or in any manner arising out of or related to this agreement or the data provided hereunder. 9. Defenses of County. a. User understands and agrees that this is the entire agreement for the service provided and that nothing that may be stated or 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. — b. Coum assumes no responsibility for loss or damages to User's equipment installed in Contra Costa County's Central Data Processing Center. 10.Independent Contractor Status: This Contract is by and between two independent contractors and is not intended to and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture or association. 11.Legal Authority: This contract is entered into under and subject to the following legal authorities: California Government Code Sections 23008 and 26227. I 12.Signatures: These signature!attest the parties'agreement hereto: I COUNTY OF CONTRA COSTA, CALIFORNIA CUSTOMER By By �u�.0 tJt�,rG— �ZA�� Ti.,�1,z.117'Cra 1212 Designate official Capacity; Designate official Capacity I i I SERVICE PLAN Contra Costa County Data Processing Services will provide the California State Department of Insurance with a CLETS connection through the County's central computer system. The charge for this services is $165.00 per month plus an initial one time connection charge of$10,000. At some.future date it may be necessary to raise the monthly fees. If _ this occurs we will provide a 30 day written notice. At this point there will be no charge for the monthly reports generated. by the system. If the size of the reports increase there may be a future charge. I - i