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HomeMy WebLinkAboutMINUTES - 02061996 - C67 1 TCS`. BOARD OF SUPERVISORS FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: February 6, 1996 SUBJECT: AUTHORIZE COUNTY PURCHASING SERVICES OFFICER TO SIGN AGREEMENT WITH COMPUTER PROGRAMMING COMPANY FOR THE PUBLIC WORKS DEPARTMENT SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. Recommended Action: AUTHORIZE the Contra Costa County Purchasing Services Officer to sign the following service contract identified below: 1. Service contract with Voland Group, Inc. In the amount of$25,000 for computer application development assistance. II. Financial Impact: None. All costs are supported by application fees. III. Reasons for Recommendations and Background: The Public Works Department has employed this company to perform computer programming for the land development timekeeping system. The company has already performed more than $25,000 worth of work for the Department in the last 12 months so by County policy, this new contract must receive Board approval. IV. Consequences of Negative Action: The programming will not be performed. Continued on Attachment: SIGNATURE:-,/. Zz RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE —APPROVE _OTHER SIGNATURE(S): ACTION OF BOARD ON ��(,�Igq�APPROVED AS RECOMMENDED OTHER_ V7E OF SUPERVISORS UNANIMOUS (ABSENT ) AYES: NOES: ABSENT: ABSTAIN: SCH:ly g:ad\BO\6.t2 I hereby certify that this is a true andcArrectcopyof an action taken and entered on the minutes of the Board of Supervisors on the date shown. Orig.Div: Public Works(ADMIN) ATTESTED: C 4 Contact: Cliff Hansen(510)313-2341 PHIL BATCHELOR,Cl®r of th Boarrd c: Auditor Controller of Supervisors and Cows y Administrator General Services,Purchasing Public Works,Accounting By ,Deputy JtaVard ,1=orm 1/88 SHORT FURH SERVICE CONTRACT Fund/Org # ( .to, Account I 1. Contract Identification_ Other t ' Department: PUBLIC WORKS Subject: 2. Parties. The County of Contra Costa, California (County), for its Department named above, and the following named Contractor mutually agree and promise as follows: Joel Rosingana Contractor: Voland Group, Inc. Capacity: Taxpayer ID # 68-022Q]23 Address: 70 Barrons Place, Ste. 201, Danville, CA, 94526 3. Term. The effective date of this Contract is January 1, 1996 and it. terminates _ April 1996 unless sooner terminated as provided herein. 4. Termination. This Contract may be terminated by the County, at its sole discretion, upon five-day advance written notice thereof to the Contractor, or cancelled immediately by written mutual consent. -5. Payment Limit. County's total payments to Contractor under this Contract shall not exceed $.25,000.00 . 6. County's Obligations. In consideration of Contractor's provision of services as described below, and subject to the payment limit expressed herein, County shall pay Contractor, upon Contractor's submission of a properly documented demand for payment (County Demand Form 0- 15) which shall be submitted not later than 30 days from the end of the month in which the contract services were rendered, and upon approval of such demand by the head of the County Department for which this Contract is made or his designee, as follows: (Check one alternative only] - x) hour; or [X] a. FEE RATE: $ 70.00 per service unit: ) session, as defined below; or O calendar (day, week or month) NOT TO EXCEED .a. total of 355 service unit(s). [ ] b. Payment in full after approval by the Department. [ ] c. As set forth in the attached Payment Provisions. 7. Contractor's Obligations. Contractor shall provide the following described services: Computer Application Development Assistance to our Computer Support Staff. Services may include design coding and testing of reports and input forms"to our Oracle database 8. Comoliance with Law. Contractor shall be subject to and comply with all Federal , State and local laws and regulations applicable with respect to its performance under this Contract, including but not limited to, licensing, employment and purchasing practices; and wages, hours and conditions of employment, including nondiscrimination. 9. Nondiscriminatory Services. Contractor agrees that all goods and services under this Contract shall be available to all qualified persons regardless of age, sex, race, religion, color, national origin, or ethnic background, or handicap, and that none shall be used., in whole or in part, for religious worship or instruction. 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 between the parties of agent, servant, employee, partnership, joint venture, or association- -I- Contra Costa County SHORT FORM SERVICE CONTRACT Number 11. Disputes. Disagreements between the County and Contractor concerning the meanilhg, requirements, or performance of this Contract shall be subject to final determination in writing by the head of the County Department for which this Contract is made or his designee or in accordance with the applicable procedures (if-any) required by the State or Federal Government_ 12. Access to Books and Records of Contractor, Subcontractor: Pursuant to Section 1861(v)(1) of the Social Security Act, and any regulations promulgated thereunder, Contractor shall, upon written request and until the expiration of four years after the furnishing of services pursuant to this Contract, make available to the Secretary of Health and Human Services, the Comptroller General, the County, or any of their duly authorized representatives, this Contract and books, documents, and records of Contractor that are necessary to certify-the nature and extent of all costs and charges hereunder. Further, if Contractor carries out any of the duties of this Contract through a subcontract, with a value or cost of $10,000 or more over a twelve-month period, such subcontract shall contain a clause to the effect that upon written request and until the expiration of four years after the furnishing of services pursuant to such subcontract, the subcontractor shall make available, to the Secretary, the Comptroller General, the County, or any of their duly authorized representatives, the subcontract and books, documents, and records of the subcontractor that are necessary to verify the nature and extent of all costs and charges hereunder. This special condition is in addition to any and all other terms regarding the maintenance or retention of records under this Contract and is binding on the heirs, successors, assigns and representatives of Contractor. 13. Reporting Requirements. Pursuant to Government Code Section 7550, Contractor shall include in all documents or written reports completed and submitted to County in accordance with this Contract, a separate section listing the numbers and dollar amounts of all contracts and subcontracts relating to the preparation of each such document or written report. This section shall apply only if the payment limit under this Contract exceeds $5,000. 14. Indemnification. The Contractor shall defend, indemnify, save, and hold harmless the County and its officers and employees from any and all claims, costs and liability for any damages, sickness, death, or injury to person(s) or property, including without limitation all consequential damages, from any cause whatsoever arising directly or indirectly from or connected with the operations or services of the Contractor or its agents, servants, employees or subcontractors hereunder, -save and except claims or litigation arising through the sole negligence or sole willful misconduct of the County or its officers or employees. Contractor will reimburse the County for any expenditures, including reasonable attorneys' fees, the County may make by reason of the matters that are the subject of this indemnification, and if requested by the County will defend any claims or litigation to which this indemnification provision applies at the sole cost and expense of the Contractor. 15. Legal Authority. This Contract is entered into under and subject to the following legal authorities: California Government Code Sections 26227 and 31000. 16. Signatures. These signatures attest the parties' agreement hereto: COUNTY OF CONTRA COSTA, CALIFORNIA CONTRACTOR By Designee By �� Vag Approved: ounty Administrator V p\ QWU_? Designate official capacity By Designee Recommended, by r nt By r Designee (Form approved by County Counsel] -2- Note to Contractor: For corporations (profit or nonprofit), the contract rust be signed by bo officers_ Signature A cost be tha: of the president or vice-president and Signature B nest be that of the secretary or assistant secretary (civil Code Section 1140.1 anc Corporations Code Section 313)_