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Home My WebLink AboutMINUTES - 02071995 - 1.51 TO: BOARD OF SUPERVISORS FROM: Victor J. Westman, County Counsel By: Silvano B. Marchesi, Asst County Counsel DATE: January 31, 1995 SUBJECT: Imaging and Copying Services In Connection With County Documents SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS Approve and Authorize County Counsel, or his designee, to execute a contract with Melanson & Associates, Inc. , for imaging and copying services in connection with County documents. FISCAL IMPACT All charges for copies of County documents are to be directly paid by parties requesting copies. If any of those parties fails to pay an invoice, the County could be liable at the unit rates set forth in the attached contract, to be charged to the County's Liability Trust Fund. BACKGROUND/REASONS FOR RECOMMENDATIONS In the federal lawsuit of Althin CD Medical, Inc., et al . v. County of Contra Costa, et al . , the Special Master has authorized other parties to require the County to produce voluminous documents relating to Acme Fill. The parties requesting the documents have agreed to split the cost of imaging the documents on CD-ROM disks. However, in order to expedite the process, the Special Master has required the County to be the sole entity to enter into a contract with the imaging/copying vendor (Melanson & Associates, Inc. ) . The vendor has agreed to bill the recipients directly, and (barring default by one of the requestors) the County will not be liable for any direct payment to Melanson & Associates, Inc. CONTINUED ON ATTACHMENT: YES SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON FER — 7 APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A UNANIMOUS (ABSENT) TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Orig: County Counsel ATTESTED FEB ® 7 cc: Phil Batchelor, County Administrator PHIL BATCHELOR, CLERK OF Joseph Tonda, Risk Manager THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR BY >1. , DEPUTY CONTACT: Silvano Marchesi, 646-2054 � I FEA-02-SS I.2 : 14 FROM: RESEARCHERS S.F. to: 41SS746I19 1. 5 PACE 2 130 Townsend St.■ San Frandsen • CA 94107 1919 7 415/543-9555 a 6()01621-9555 RESEARCHERS TAX:41S;974-6119 LITIGATION SUPPOPT'DOCUMENT MANAGEMENT LETTER._gQNTRA9—T January 31 , 1994 Silvano B. Marchesi, Esq. Assistant County Counsel Contra Costa County 601 Pine St . , 9th Floor Mar tinoz, CA 94553 RE: ACME LANDFILL CORP. v ALTHIN, et al- Dear Mr. Marchesi : This letter hereby confirms that the County of Contra Costa (hereinafter "Client" ) , hereby authorizes Melanson & Associates, Inc. , dba Researchers (hereinafte.v "Resoarchers" ) to provide Client with litigation support document imaging services as defined in the Litigation Imaging Proposal from Researchers dated December 28, 1994 (hereinaft-ur "Proposal " Lind attached hereto as Exhibit A) . The designaLoci repretsentativ6 of the Client who shall authorize and direct Researchers ' work pursuant to this Agreement shall be Teri Hernandez of Hernandez & Associates . in the event that: database coding services are requested, Rosearchers, Database Coding Proposal is attached hereto as Exhibit. B. Charges for services provided pursuant to this agreement shall be based on the project cost assumptions of the Proposal . In the event that Researchers believes that additional costs are necessary, Researchers shall give notice of such to the. Client, and shall not incur such -additional costs without the express written approval of the Client . Researchers shall issue invoices monthly for services provided. Payment shall be due within 30 (THIRTY) days of an invoice (late . A late payment charge of J- 25% per month will be assessed for payments not received when clue. Any dispute, controversy or claim arising out, of or relating to this Agreement, its construction, interpretatluji , breach, or performance shall be resolved by arbitration in at San Francisco location in accordance with the Commercial Arbitration Rules of the American Arbitration Association. S c ubjec.t.. to Client ' s obligations under this Agroemen(,., in the event of any defective performance or failure i.o ftirnish services, Researchers will either: (a) use reasonabIn efforts to furnish the services or re-perform the def'(!vt1v(! services; or (b) provide Client an equitable credit for any defective services in an amount not to exceed the charges pai,d Researchers for such defective servic(as. LOS ANGELES a SAN FRANCISCO , SAN JOSE a SACRAMENTO . TUCSON FED-02-1995 12:21 4159746119 P.002 FE6-02-9S 11 : 57 FROM, RESEARCHERS S.F. ID: 4159748I19 PAGE 3 Client will provide Researchers with nt-,)tice, in writing, of any claimed defects, together with reasonable supporting docjimpntElt.ion as proof of the defects within 30 days after Clienl,ls reci--,�ipt and awareness of the defective'. services. Tn the event of Researchers' substantial. or continuing failure I,(-) furnish services ordered under this Agi-,ot,menL , or reasonable time, Client may immediately terminate 1-ho specific service in question, or this Agreoniont , upon wriLten notice to Researchers. Researchers ' liability for damages, whether direc.t: or indirect., resulting or alleged to have resulted from Researchers ' performance or failure to perform this Agrenitient , ()r from errors in data preparation or processing results, in all cases whether alleged in one claim or multiple claims, shall be limited to an aggregat.c- amount: equal, to the lesser of $250,000.00 (TWO HUNDRED FIFTY THOUSAND DOLLARS) or to the total payments made to Researchers hereunder, and shall exist only for dawages resulting from one or more acts, errors or otwissiotis committed by Researchers solely in the performance of the sorvices as provided for herein. No ac(-Jon may be brought by or against Researchers more than 1 year after the conclusion of Researchers' work on the project, as evidenced by the cessation of charges by Researchers to Client, All original material and programs prepared and paid for by Client will belong to Client. Client agrees that rights and ownership of any original material and prograws does riot: includeany software, programs or materia 1 s made available as part of any product or service, nor the ideas, concepts, know-how or techniques used by Researchers . It is also agreed that all materials furnished by Client: to Researchers shall remain confidential, and their contents shall not be divulged to anyone except employees or consult.ants f..if Researchers as required for the performance under this Ag,re�.ement, All papers, writings or other documents turned over to Researchers shall remain the exclusive ownership of Client . Researchers will maintain a certified authentic copy of all images and logs recording their creat.i.on at Researchers' San Francisco facility. This Agreement is made and entered into in the State of California, and shall in all respects be interpreted, enforced and governed under the laws of said State. The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair mt-aning, and not. stri.cl.ly for or against any of the parties. If, af*t.er the date hereof, any provision of this Agreeijuint is held by any Court to be illegal , invalid, or tirienforcoable, FEB-02-1995 12:03 4159746119 P.003 WEB-02-95 11 : S7 FROM: RESEARCHERS S.F. ID: 4159746119 PAGE 4 130 Townsend St.• San Ftandsco CA 94107-1919 415/543-9566 800/621-9555 RESEARCHERS FAX:415/974-6119 LITIGATION SUPPORT DOCUMENT MANAGEMENT -EXHT-RT.T "All December 28 , 1994 Teri. Hernandez Hernandez & Associates 167 Knockash Hill Road San Francisco, CA 94127 RE: ACME LANDFILL CORP. v ALTHIN, et al . Dear Ms. Hernandez: The Following is revised pricing you requested for imaging of up to 250,000pp from various locations in Cont.ra Costa. SCANNING @ 300dpi, ON-SITE. . . . . . . . . . . . . . . . . . . . . . . .$. 175/page .,can station set-up fee -scan operator labor -document preparation & restructure -start doc. & file hot keys -travel time and mileage -1st set CDs for depository SCANNING @ 300dpi, AT RESEARCHERS. . . . . . . . . . . . . . . . .$. 165/page -same as above ADDITIONAL SETS OF CDs (supplied from depository) .$75 ./each LASER PRINTS (entire population) . . . . . . . . . . . . . . . . . .$.065/page LASER PRINTS (entire CDs, partial POPUlatiot) ) . . . . . $.075/page SELECTED LASER PRINTS ( from electronic request ) . . .$.09/page SUBSET CD CREATION REQUEST (electronic request.) . . .$.01.5/image + $100./disk MICROFILM ROLL DUPLICATION (open reel format) . . . . . $10./roll MICROFILM SCANNING. . . . . . . . . . . . . . . . . . . . . . . . . . . .$.07-.12/image -price will be confirmed upon inspection or film -CD media will be an additional $50.00/disk ORIGINAL DOCUMENT ENHANCEMENT ( if necessary) . . . . . .$15./hour Above pricing does not address documents over 11x17", Ms . Hernandez, a review of the document locations will be required prior to set-up in order to deterfidnet the LOS ANGELES 41 SAN FRANCISCO a SAN JOSE w SACRAMENTO a TUCSON FEB-02-1995 12:03 4159746119 P-004 FEB-02-95. 111 : 58 FROM: RESEARCHERS S.F. ID: 41SS746119 PACE S space restrictions and to review the docullieliL Lype.s. Please coiltact: me at 543-9555 with any questions or if yoti need furtlior information. Sincerely, Chris Tayler FEB-02-1995 12:04 4159746119 P.005 FEB-02-SS 11 = 58 FROM: RESEARCHERS S.F. IO= 4158746119 PAGE 6 $ENT BY: ES�EAGHLKb iL. A, t r^3i–aa ,�•a, ---• 1708 S.Flguams St.• Loa AA((oies r CA 00010 2131749-0425 • 8401544.2M FAX.V31748-8331 Ll71#AFYO 16l1PPQAT UM!!�hMAWQMEW PROJECT COST 98TIMATE JANUARY IS,IM PREPARED FOR: F.X141BIT 'B" MG.TVA MERNANDEZ HERNANDU AND ABSOCIATAS PROJECT ASSUMPTIM§ANNR DUET ESTIMATE 1.COST P qOPOSAL This SOON n Includes Ressarohets'prices for Implementing a litigation support Alan for Hernandw and Associates(MA).It Includes oast assumptions and prices associated with each Project tea t. A* 0"Inn nod erplect-afflu •As stem design and project setup meeting will be conducted between R archers Anti HA. Du ng system design,HA will provide the neooasary Information to prepare the out ority Mata to code such fields as Document Type and Document Cherotarlstics {e. draft,conttdentiel,marginalla,eta). " kW a approval of the database design and coding manual will be required before the Start of *der tratning. 20cuml M1 - In •Ea h page of each document to be coded will be sequentially numbered prior to coding. sing will ba performed at Researchorrs'document processing facility In 7uG3on, ora. *C estimates are based an a average document length of 4 pages. •R rchars will utltlae its Foxpro 2.6 for Windows as the input system for coding the d menta from hanicopy. *Art ichments,to cover documents wilt be processed as Individual documents. LoBAw—vLffs to 9ANFRANCISW• dt4N.06E• SACRWENTO • TUCSON FEB–G�2-1995 12:04 4159746119 P.006 FEB-02-9S 11 : S8 FROM: RESEARCHERS S.F. ID: 41SS746119 PAGE 7 SENT'B`f:HhStAUrttnS ttr. ft. ! i -�i-a ,o•yam - - - -- Document flow fmm HA will be oordinu0us. *21310.000 papa will be coded over a mukmft agreed to schedule. "All personal and argankatianal names will be captured In the names fields;Individuals vdll not be linked to their Organizational affiliation. •Tit a will be captured verbatim.As an option,If no title @xiste, or It Inadequataly describes wt at the document Is abort,a title will be created or enhanced by reading the first pa agraph of the document. Tt e data elements to be coded are as follows: Beginning and Ending Document Number Document Date 0ocurnent Type(Up to 16) Verbatim Title.(Optional Created or Enhanced Title) Authors) Reolpient(s) Copyee(s)(Optional) Attachment Range The fol ng coat a;rtimate Is based on coding a document collection of approximately 200,00 pages.It Includes database dealgo and conversion to client's mtrleval software.All pricing imates aro based upon an inspection of the subject documents prior to coding and api iroval of a list of document types. )Won Meetlrig........................................I....................,NO CHARGE ibllogrsphic Coding(CC's b Verbatim Title).................$0.43/page• bllogrophic Coding(CCI&A Enhanced Title)................$0.44/page• hipping... ... ................... ............. . .........................At Coat •If the ave'age number of page@ per document Is 2 or leas,the per page cost would Increase to $0,05 or 10.00 per page depending on which title option is chosen. I Resaarchel 9 will guarantee this pricing for a period of ninety days.Cnargos would be billed every two weeks.Credit terns are payment In full within thirty days of the Invoice date, I FEL-02-1595 12:04 4159746119 P.007