HomeMy WebLinkAboutMINUTES - 03051996 - C6 TO: BOARD OF SUPERVISORS, AS THE GOVERNING BODY OF THE CONTRA COSTA
COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT
FROM: J. MICHAEL WALFORD, CHIEF ENGINEER
DATE: MARCH 5, 1996
SUBJECT: APPROVE CONSULTING SERVICES AGREEMENT WITH ENVIRONMENTAL
SYSTEMS RESEARCH INSTITUTE INC. FOR COMPUTER PROGRAMMING
SUPPORT SERVICES.
PROJECT NO: 7505-6F8182
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I. Recommended Action:
APPROVE and AUTHORIZE the Chief Engineer to execute a consulting services agreement
with Environmental Systems Research Institute, Inc. for consultation and programming for
creation of a.County Geographical Information System database for parcel specific area and
federal flood insurance map data.
II. Financiallmpact:
The work involves five tasks with the scope and cost for. the fourth and fifth tasks to be
determined after completion of the second task. The contract being submitted for approval is
in the amount of $23,890 and covers the first three tasks in the process. A second contract
to complete tasks four and five will be submitted for approval after the scope for these tasks
have been determined. The maximum amount for both contracts is estimated to be less than
$80,000.
The contract costs will be funded 55% Flood Control District, 20% by the Storm Water Utility
Fee participants as a fee collection costs and 25% by Storm Water Utility Area No.17 (County).
Continued on Attachment: X SIGNATURE: ?V414�
RECOMMENDATION OF COUNTY ADMINISTRATOR
_RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON March 5, 1996 APPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS
X UNANIMOUS (ABSENT III )
AYES: NOES:
ABSENT: ABSTAIN:
MK:fp I hereby certify that this is a true andeorrectcopyof
g:\admiMbo5.t3 an action taken and entered on the minutes of the
Board of Supervisors on the date shown.
Orig. Div: Public Works(ADMIN) ATTESTED: March 5. 1996
PHIL_BATCHELOR,clerk of the Board
Contact: Milton Kubick(313 2203) of Supervisors and County Administrator
cc: County Administrator ,- //��,_,
Auditor-Controller By A PO ,Deputy
County Counsel
Accounting, R.Gilchrist
Computer Services
c �
APPROVE CONSULTING SERVICES AGREEMENT WITH ENVIRONMENTAL SYSTEMS
RESEARCH INSTITUTE INC. FOR COMPUTER PROGRAMMING SUPPORT SERVICES
March 5, 1996
Page -2-
Ill. Reasons for Recommendations and Background:
Development of a Geographic Information System (GIS) database is needed to complete the
tasks below:
• Determine parcel areas for the parcels in the County's Land Information System that do
not currently have an area in the database. The area of a parcel is used in calculating
the Storm Water Utility fee.
• Provide a computer based system for tracking National Pollutant Discharge Elimination
System activities and benefits.
• Provide a computer based system for dissemination of parcel specific flood data
currently shown on federal flood insurance maps:
With the knowledge gain and the development of a basic GIS capability using the County base
map, other GIS applications can be used to convert other graphic data to make it parcel
specific. The development of a parcel specific computer based federal flood insurance map
database is one of several activities that support a decrease in flood insurance premiums for
the residents of Contra Costa County.
IV. Consequences of Negative Action:
Failure to use a consultant for this task will increase the District's overall costs and would
significantly delay delivering of the end product.
CONSULTING SERVICES AGREEMENT 7
1. Special Conditions. These Special Conditions are incorporated below by reference.
(a) Public Agency: CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION-DISTRICT
(b) Consultant's Name&Address: ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE,INC.
380 New York Street
Redlands,California 92373
(c) Project Name, Number&Location: 7505-6178182
(d) Effective Date: March 11,1996 (e) Payment Limit(s):$80,000
(f) Completion Date(s): May 1,1996
(g) Federal Taxpayer's I.D.or Social Security Number:
2. Signatures. These signatures attest the parties'agreement hereto*
PUBLIC AGENCY OflepDropDrietorship,governme
By: J. Michael Walford
Public Works Director/ ��i Ce �'P `� IC 2_n.t
Chief Engineer ial cdpacl y i b ine s T pe of Business:
�
agency,partnershiR�_— _ tc.)
If Corporation, State of Incorporation: 6A
Approved b County Cou sel: {
By: !/'QM 4� Bh, ` By: A 5f S e—e- �l.L✓J
(De gnate 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 Califo nia )
SS.
County of2: /11 )
On the date writteneJow, fore me, personally appeared(insert name and
title of the officer ,personally
known to me (or proved to me on the basis of satisfactory evidence) to be the person(s)w e name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the
person(s),or the entity upon behalf of which the person(s)acted,executed the instrument.
WITNESS my hand and official seal.
Dated:
Rose Ann Blakely Notary Public
Comm.01012822 n
(Notary's Seal) 04 NOTARY PUBLIC CALIFORNIAN/
SAN DERNARDINO COUNTY 0
Comm Ezpiros Jan.2.1998 -+
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$5,000. When multiple documents or written reports are the subject or products
of this agreement,the disclosure section may also contain a statement indicating that the total contract amount represents compensation for multiple
documents or written reports.
7. Insurance. Consultant shall,at no cost to Public Agency,obtain and maintain during the term hereof:(a)Workei,rs'Compensation Insurance pursuant
to state law;(b)Professional Liability Insurance with minimum coverage of$ and a maximum deductible of$ ;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$ 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, ,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. Payment will be made within thirty
(30)days after receipt of each statement.
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 theiruse.
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. Payment of withheld funds will be made within thirty(30)days of completing this work and submittal
of a final billing. 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. 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.
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, 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. Limits of Liability. In no event shall Contractor be liable to County for any indirect,special,consequential,exemplary,or incidental damages or lost
profits arising out of or related to this Agreement, even if it has been advised of the possibility of such damages. Contractor's liability for direct
damages shall in no event exceed the amount actually paid by the County for the portion of the professional services involved.
26. 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.
27. Public Endorsements. Contractor shall not in its capacity as a contractor 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 Contractor capacity,
Contractor 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 contractor capacity,Contractor shall not participate or appear in any commercially-produced advertisements designed to promote a particular
brand name or commercial product,even if Contractor is not publicly endorsing a product,as long as the Contractor'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,Contractor may
express its views on products to other contractors,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.
28. Project Personnel. In performing the services under this Agreement, Consultant shall use the personnel listed in Appendix C,attached hereto and
made a part hereof by this reference. Changes in project personnel may only be made with Public Agency's written consent,and Consultant shall
notify Public Agency in writing at least thirty(30)days in advance of any proposed change. Any person proposed as a replacement shall possess
training,experience and credentials comparable to those of the person being replaced.
29. Nohire of Contractor Personnel. It is hereby mutually agreed that County will not solicit for hire any employee(s)of Contractor's technical staff,who
are associated with efforts called for under this effort, for a period of one (1)year thereafter. In the event the foregoing provision is breached,
liquidated damages equal to twelve(12)months of the employee's compensation plus any legal expenses associated with the enforcement of this
provision shall be paid by the County to Contractor.
30. Custom Programming. Contractor reserves the right to use for any purpose any programming methods,skills,and techniques acquired or used by
Contractor in the performance of the services. There shall be no restraint,to Contractor, its employees, agents,or subcontractors in the use of the
techniques or skills of computer programming and design which may be acquired in the course of performahce of this Agreement. County is not
provided with any rights in Contractor proprietary techniques in which the County's programs may be written.
County may modify,add to or customize the applications provided and may claim copyright in all such changes and/or additions made by County.
31. Warran . Consulting services provided by Contractor shall follow practices consistent with the professional and technical standards in the industry.
Contractor's liability for failure to meet this standard shall be governed by the Limitations of Liability clause below. County understands and agrees
that under the terms of this Agreement County shall be solely responsible for the use,implementation and/or modification of the services and/or to
any custom software provided by Contractor, in whole or in part,and Contractor shall have no liability thereof.
MFK:drg
g:admin\milt\esri.csa
2 22 96
Attachments:Appendix A,Appendix B
Form approved by County Counsel(2/96) I
APPENDIX "A"
Pagel of; 3
SCOPE OF)EFFORT
Introduction
Contra Costa County is in the process of converting CAD data layers to ARCffNFO format in an
effort to implement GIS technology within the County. In support of this effort the County
wishes to finalize the database design for the project and begin conversion of data.
Environmental Systems Research Institute,Inc.(SSRI),has been asked to provide a proposal to
support the development of this GIS database design and to provide technical conversion
support.
The intent of this proposal is to outline the type of support activities that ESRI can provide. The
primarily goal would be to work with County staff to finalize the design document and then to
begin conversion of the database.Additionally,a third area of ad hoc implementation support has
been defined in order to provide assistance to the pity as the design is executed,
Task 1.0 arientatiou Meeting
Date: TBD
Duration: Two(2)days
Location: Contra Costa County, California
This initial task provides for a start-up meeting which serves to orient both ESRI and County
staff to the goals of this project. 'This will include discussion and review of intended data
formats,an explanation of the data model as invisioned by County staff,a discussion of single
versus double precision issues,and a brief discussion of possible conversion procedures. During
this meeting SSRI and the County staff will jointly define the scope of the remainder of the
project. It is anticipated that one ESRI staff person will support this effort.
Task 2.0 Database Design Review and Evaluation
Date: TBD
Duration: Six(6)days
Location: Redlands, California./Contra Costa County
The purpose of this task is for ESRI staff to provide support to the County staff as they develop a
database dictionary for their eadastral database. Contra County staff have spent a considerable
amount of effort to develop their data model structure and to establish the structure of the needed
data sources to implement the ARC/INFO model. This task provides five days of time;for ESRI
staff to review this design and provide recommendations to the County. It is anticipated that one
ESRI staff person will support this effort from ESRI headquarters in Redlands, California.
Depending on the results of this design review, a one-day site visit to Contra Costa County may
0 'd M6L06606 'ON Xdd W SNOIIVOIlddV IdSd Wd t5:ZI M 96-0 -9HJ
C4
APPENDIX "A"
Page 2 of, 3
be required. This site visit is included as part of this cost proposal,but costs will only be billed
if the site visit is deemed necessary.
Task 3.0 Data Conversion' Procedures Development
Date: TBD
Duration: Twelve(12)days
Location: Contra.Costa County/Redlands, California
During this task,a technical specialist will provide the County with data conversion procedures
development support. This will include conversion procedures testing and documentation. The
procedures to be developed will be based on finding an optimal set of operations and steps that
convert the County data from it's existing format into the ARCWQ database design developed
by the county. 'Where appropriate,AML data conversion programs will developed and
documented as pari of this task.
This task provides for an initial two-day site visit to meet with County staff and outline the
overall conversion process. Interactive testing of possible procedures on samples of the County's
database will also occur on site. This visit will be followed by up to two weeks of conversion
procedure development and documentation support from ESRI headquarters.in Redlands,
California.
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APPENDIX "A"
Page 3 of,3
ESTIMATED COSTS
The costs provided below are estimated based on hours expended and other direct costs such as
travel,per diem, and so on. Services will be provided on a time-and-materials basis with explicit
hourly rates for labor. Other direct costs will be billed as incurred plus a handling fee of
15 percent. Because we are proposing a time-and-materials format,the County will be billed
only for resources expended with billings for individual tasks not exceeding the amounts quoted
unless authorized by the City.
The total cast amount provides a not-to-exceed limit. All work will be accomplished in
accordance with a user-defined agenda with the deliverable being consulting time. If additional
work is required and authorized,it will be billed based on the attached rate schedule. The price
quoted above is effective for ninety days. Invoices for work completed are to be paid in full
within thirty days of receipt.
A purchase order is required at least one week prior to work beginning in order to finalize travel
arrangements. ESRI's proposal letter, along with the attached terms and conditions,must be
gcknowledged and attached to your purchase order and will supersede all terms and conditions
on your purchase order.
Tasks Labor ODC's Totals
1.0 Orientation Meeting $3,250 $515 $3,765
2.0 Design Review and Evaluation $6,750 $260 $7,010
3.0 Conversion ProcedureTlevel'opmen -'$11,780 $1,335 $13,115
TOTAL $21,780 $20110 $23,890
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APPENDIX tB
Page 1 of,2
"LEMENTATION SERVICES
STA_F F RATE SCHEDULE(COMMERCIAL)
Hourly time-and-materials labor rates have been provided for each labor category for calendar year 1996.
The hourly labor rates for services that are contracted after 1996 will be escalated seven and one-half
percent(7 1/2%)each year. Other direct costs, such as computer,travel,reproduction,subcontractor,
telecommunicationHreight,or materials,will be charged a material handling fee and invoiced.
Program Manager Hourly Rate: $155/Hour
These staff work as program directors or project advisors,providing high-level direction for all types of
geographic information system(GIS)applications projects: design,applications programming,database
development,and consulting. Areas of responsibility may include management of turnkey projects and
oversight of projects and activities within vertical market segments. These staff apply extensive
experience in GTS and related fields to the implementation of projects to ensure the successful
completion of the program. project activities may include requirements analysis and definition,system
design, software and database design,system integration,and technology transfer. In addition,these
staff also define program requirements,establish budgets and schedules,allocate appropriate resources,
and manage and oversee subcontractor efforts. Advisory support is provided by program manager staff.
Senior Analyst Hourly hate: $125/Hour
Some staff within this category may provide high-level direction within vertical market segments for
GIS applications projects including applications programming,design,database development, and
consulting projects. Project oversight activities may include review of needs and existing data,design of
ARCANFO"layers and coding structures,design and development of data dictionary,design of quality
assurance programs,and identification of mapping and automation methods. These staff also identify
tasks,schedules,and resource requirements for implementation planning..The senior project managers
activities include coordination and management of database/project design,development,and
documentation and applications programming. This may encompass any aspect of the project such as
review of user needs and existing data,design of ARC/INFO layers and coding structures,design and
development of a data dictionary,design of quality assurance programs,and identification of mapping
and automation methods.
GIS Analyst Hourly Rate: $105/Hour
These staff provide day-to-day management and coordination of contracted projects within
Environmental Systems Research Institute,Inc.(SSRI). They perform many of the same activities as
higher level consultants,including requirements analysis and definition,system design,implementation
planning,system intogration,and technology transfer,with a focus on project details and implementing
the project plan. Additional activities include coordination and management of databaselproject design,
review of user needs and existing data,physical database design,development of quality
assurance/quality control(QA/QC)programs,and documentation. These staff also define project or task
requirements and establish budgets and schedules for specific activities. -project oversight is provided to
project manager staff by higher level consultants.
ARC![NFO Is a regislemd trademark of fnvtmnmentel Systems ResearA Ynsdtute,Inc
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APPENDIX "B"
Page 2 of12
Senior TcchpiCal Analyst Hourly Rate: $130/Hour
These staff develop software design strategies,direct technical peer reviews,and perform GIS and
system concept analysis. They apply extensive experience in software development by providing
direction and technical consulting to software system designers and developers. These staff also lead the
technical effort in analytical studies.
Technical Analyst Hourly Rate: $105/Hour
Staff in this labor category are responsible for a variety of technical and administrative activities. Within
their respective areas of responsibility these staff will perform software system design and direct
programming efforts,develop QA./QC programs and procedures,and supervise technical specialists and
data processors in the implementation of database development projects. Finally,administrative staff are
included in this category,providing contract management,program control,and financial management
support.
Technical Specialist Hourly Rate: $85/Hour
These staff perform software coding and documentation to the design specifications developed by the
senior staff. They also oversee the technical aspects of database development utilizing procedures
designed by the technical managers. These staff also perform software and database quality control.
Staff in this category are very proficient in the coding of software and processing of digital databases.
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