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HomeMy WebLinkAboutMINUTES - 05201997 - C54 C . TO: BOARD OF SUPERVISORS Contra FROM: Barton J. Gilbert, Director of General Services a I Costa County DATE: May 7, 1997 SUBJECT: Contract for Continued Provision of Telecommunications Engineering Services SPECIFIC REQUESTS OR RECOMMENDATION(S)8 BACKGROUND AND JUSTIFICATION RECOMMENDATION: APPROVE and AUTHORIZE the Director of General Services or his designee to execute a contract with C.S.I. Telecommunications in the amount of $100,000 for continued provision of telecommunications engineering services through February 28, 1998. FISCAL IMPACT: Funds are within the General Services budget. This consulting firm has been working with General Services staff to engineer the digital microwave conversion, and their expertise helped the County to meet the deadline for Personal Communications Services' (PCS) temporary allocation which was needed in order for the County to receive a bonus of $200,000 from Sprint. They will continue to provide consulting and engineering services to ensure that the conversion project is completed as agreed and within budget. The total cost of this project is over $6 million, of which the County share is $4 million, payable over 10 years on a zero percent interest loan. Pacific Bell Mobile Services will reimburse 37 percent of the costs of this project, which will include these engineering services. BACK ROUND: On February 12, 1997, the Board of Supervisors approved an agreement with Pacific Bell Mobile Services to replace the County's analog microwave system with a digital system. C.S.I. is the engineering firm which has provided valued expertise in the area of radio/microwave telecommunications in reaching the terms of this agreement. There is no one on County staff who can provide these telecommunications services. In addition to the microwave conversion, C.S.I. has provided and will continue to provide consulting and engineering services on other telecommunications projects, FCC frequency certifications, and technical evaluations. Staff from C.S.I. attend meetings of the County's Communications Committee and of the Board of Supervisors to provide tes lemony and expertise. CONTINUED ON ATTACHMENT:_YES SIGNATURE: tWI)oJifa&*6& RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON -A-�? APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS V UNANIMOUS(ABSENT AYES: NOES: ABSENT: ABSTAIN: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN MEDIA CONTACT: BARTON J.GILBERT(313-7100) AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. CC: General Services Department 7 ATTESTED 4M� �� tf 1 Administration -, Purchasing PHIL BATCH LOR,CLER9 OF THE BOARD OF Accounting SUPERVISORS AND COUNTY ADMINISTRATOR Telecommunications County Auditor--Controller BY ,DEPUTY MD:dcg M382 (10/88) 'Contra Costa County Number Standard Form 1/87 STANDARD CONTRACT Fund/Org#QQ60 (Purchase of Services) Account# 1. Contract Identification. Other# Department: GENERAL SERVICES DEPARTMENT-TELECOMMUNICATIONS DIVISION Subject: Telecommunications Engineering 2. Parties. The County of Contra Costa, California(County),for its Department named above,and the following named ContnicPor mutually agree and promise as follows: Contractor: C.S.I. Telecommunications Taxpayer ID#94-1438035 Capacity: Consultants(For Profit) Address: P. O..Box 29002 San Francisco, CA 94129 3. Term. The effective date of this Contract is - March 1. 1997 and it terminates February 28. 1998 unless sooner terminated as provided herein. 4. Payment Limit. County's total payments to Contractor under this Contract shall not exceed$100,000. 5. County's Obligations. County shall make to the Contractor those payments described in the Payment Provisions attached hereto which are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. 6. Contractor's Obligations. Contractor shall provide those services and carry out that work described in the Service Plan attached hereto which is incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. 7. General and Special Conditions. This Contract is subject to the General Conditions and Special Conditions (if any) attached hereto,which are incorporated herein by reference. 8. Project. This Contract implements in whole or in part the following described Project,the application and approval documents of which are incorporated herein by reference: Not applicable 9. Legal Authority. This Contract is entered into under and subject to the following legal authorities: California Government Code Section 3100. 10. Signatures. These signatures attest to the parties'agreement hereto: COUNTY OF CONTRA COSTA,CALIFORNIA BOARD OF SUPERVISORS ATTEST: Phil Batchelor, Clerk of the Board of Supervisors and County Administrator By By Chairman/Designee Deputy CONTRACTOR By By `, l/l_79GtGG '� G1Gt� V)CE PRESIDENT ENGINEERING SECRETARY (Designee official business capacity A.) (Designee official business capacity B.) (Form approved by County Counsel) Note to Contractor: For corporations(profit or nonprofit),the contract must be signed by two officers. Signature A must be that of the president or vice-president and Signature B must be that of the secretary or assistant secretary(Civil Code Section 1190.1 and Corporations Code Section 313). All signatures must be acknowledged as set forth on page two. 1 Contra Costa County Standard Form (Rev. 1/95) IF77p—pp-OVALS/ACKNOWLEDGMENT Number APPROVALS RECOMMENDED BY DEPARTMENT FORM APPROVED COUNTY COUNSEL By By Designee Deputy APPROVED: COUNTY ADMINISTRATOR ' By: Designee ACKNOWLEDGMENT STATE OF CALIFORNIA ) ss. COUNTY OF CONTRA COSTA ) On 4 P(Z L L ;.g . (r1 Q'1 , before me, (insert name and title of the officer), personally appeared VOINN►,�-L I4tG�'4. yke,;— 1 E-&( ©S& , QIST TT-t_;e0sMM0PJ, terra&J personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose 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. r DANIEL C. DUFFICY D d ,Y® /c�94M. #1084042 { wWOO fi}}�P08LIGCALI�ORNIA O g MAIN COUNTY Signature My Comm.Expires fob.25,2000 ACKNOWLEDGMENT(by Corporation, Partnership, or Individual) (Civil Code§1189) ATTACHMENT A CONTRA COSTA COUNTY SPECIAL CONDITIONS Re: Telecommunications Engineering Section 19 (Insurance) amended as follows: Insurance. During the entire term of this Contract and any extension or modification thereof, the Contractor shall keep in effect insurance policies meeting the following insurance requirements. A. Liability Insurance. The Contractor shall provide comprehensive liability insurance, including coverage for owned and non-owned automobiles, with a minimum combined single limit coverage of $1,000,000 for all damages, including consequential damages, due to bodily injury, sickness or disease, or death to any person or damage to or destruction of property, including the loss of use thereof, arising from each occurrence. Such insurance shall be endorsed to include the County and its officers and employees as additional insureds as to all services performed by Contractor under this agreement. B. Certificate of Insurance. The Contractor shall provide the County with (a) certificate(s) of insurance evidencing liability insurance as required herein no later than the effective date of this Contract. If the Contractor should renew the insurance policy(ies) or acquire either a new insurance policy (les) or amend the coverage afforded through an endorsement of the policy at any time during the term of this Contract, then Contractor shall provide (a) current certificate(s) of insurance. County Contractor SERVICE PLAN Contractor shall provide the following described services: Telecommunication engineering for Contra Costa County Radio/Microwave and Telecommunications services to include digital microwave conversion; consultation on telecommunications projects including voice and data services; engineering studies as requested; frequency certifications with the FCC, and technical evaluations. All work done shall be approved by the County, and shall be billed as set forth in the PAYMENT PROVISIONS, included in this contract. County contractor PAYMENT PROVISIONS I. SCHEDULE OF FEES March to April 30, 197 Effective May 1, 1997 Field Engineer $120.00 Per Hour $130.00 Per Hour Senior Engineer $135.00 Per Hour $141.00 Per Hour Principal Engineer $145.00 Per Hour $153.00 Per Hour Engineering Manager $165.00 Per Hour $170.00 Per Hour Engineering Specialist $ 65.00 Per Hour $ 69.00 Per Hour Expenses charged at actual cost plus 12% general and administrative overhead. 11. Demand for Payment (County Demand Form D-15) shall include itemized documentation of services provided, by hours and classification of service provider. County Contractor c:renewal.csi •Contra Costa County Standard Form 1/87 GENERAL CONDITIONS (Purchase of Services) 1. Compliance with Law. Contractor shall be subject to and comply with all Federal, State and local laws and regulations applicable with respect to its perfor.- mance under this Contract , including but not limited to, licensing, employment and purchasing practices ; and wages , hours and conditions of employment , including nondiscrimination. 2. Inspection. Contractor' s performance , place of business and records per- taining to this Contract are subject to monitoring, inspection, review and audit by authorized representatives of the County, the State of California, and the United States Government . 3. Records. Contractor shall keep and make available for inspection and copying by authorized representatives of the County, the State of California , and the United States Government , the Contractor' s regular business records and such addi- tional records pertaining to this Contract as may be required by the County. a. Retention of Records. The Contractor shall retain all documents per- taining to thip; Contract for five years from the date of submission of Contractor ' s final payment demand or final Cost Report ; for any further period that is required by law; and until all Federal/State audits are complete and exceptions resolved for this contract ' s funding period. Upon request , Contractor shall make these records avail- able to authorized representatives of the County, the State of California, and the United States Government . b. 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 or to the Comptroller General, 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 County, to the Secretary or to the Comptroller General , 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 thereunder . This special condition is in addition to any and all other terms regarding the main- tenance or retention of records under this Contract and is binding on the heirs , successors , assigns and representatives of Contractor. 4. Reporting Requirements. Pursuant to Government Code §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. -1- Contra Costa County Standard Form 1/87 GENERAL CONDITIONS (Purchase of Services) 5. Termination. a. Written Notice. 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 . b. Failure to Perform. The County, upon written notice to Contractor , may immediately terminate this Contract should the Contractor fail to perform properly any of its obligations hereunder . In the event of such termination, the County may proceed with the work in any reasonable manner it chooses . The cost to the County of completing Contractor' s performance shall be deducted from any sum due the Contractor under this Contract , without prejudice to the County's rights otherwise to recover its damages . C . Cessation of Funding . Notwithstanding Paragraph 5.a . above, in the event that Federal, State , or other non-County funding for this Contract ceases , this Contract is terminated without notice. 6. Entire Agreement. This Contract contains all the terms and conditions agreed upon by the parties . Except as expressly provided herein, no other understanding , oral or otherwise , regarding the subject matter of this Contract shall be deemed to exist or to bind any of the parties hereto. 7. Further Specifications for Operating Procedures. Detailed specifications of operating procedures and budgets required by this Contract , including but not limited to , monitoring, evaluating, auditing, billing, or regulatory changes , may be devel- oped and set forth in a. written Informal Agreement between the Contractor and the County. Such Informal Agreements shall be designated as such and shall not be amendments to this Contract except to the extent that they further detail or .clarify that which is already required hereunder . Such Informal Agreements may not enlarge in any manner the scope of this Contract , including any sums of money to be paid the Contractor as provided herein . Informal Agreements may be approved and signed by the head of the County Department for which this Contract is made or his designee . 8. Modifications and Amendments. a . General Amendments . This Contract may be modified or amended by a" written document executed by the Contractor and the Contra Costa County Board of Supervisors or , after Board approval, by its designee, subject to any required State or Federal approval. b. Administrative Amendments . Subject to the Payment Limit , the Payment Provisions and the Service Plan may be amended by a written administrative amendment executed 'by the Contractor and the County Administrator or his designee, subject to any required State or Federal approval , provided that such administrative amendments may not materially change the Payment Provisions or the Service Plan. 9. Disputes." Disagreements between the County and Contractor concerning the meaning, 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. Contra Costa County Standard Form 1/87 GENERAL CONDITIONS (Purchase of Services) 10. Choice of Law and Personal Jurisdiction. a . This Contract is made in Contra Costa County and shall be governed and construed in .accordance with the laws of the State of California . b. Any action relating to this Contract shall be instituted and prosecuted in the courts of Contra Costa County, State of California. 11. Conformance with Federal and State Regulations and Laws. Should Federal or State regulations or laws touching upon the subject of this Contract be adopted or revised during the term hereof, this Contract shall be deemed amended to assure conformance with such Federal or State requirements ._ 12. No Waiver by County. Subject to Paragraph 9. (Disputes) of these General Conditions , inspections or approvals, or statements by any officer , agent or employee of the County indicating the Contractor's performance or any part thereof complies with the requi;xements of this Contract , or acceptance of the whole or any part of said performance, or payments therefor, or any combination of these acts , shall not relieve. the Contractor's obligation to fulfill this Contract as prescribed; nor shall the County be thereby estopped from bringing any action for damages or enforcement arising from any failure. to comply with any of the terms and conditions of this Contract.' 13. Subcontract and Assignment. This Contract binds the heirs , successors , assigns and representatives of Contractor. The Contractor shall not enter into subcontracts for any work contemplated under this Contract and shall not assign this Contract or monies. due or to become due, without the prior written consent of the County Administrator or his designee, subject to any required State or Federal approval. 14. 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. 15. Conflicts of Interest. Contractor, its officers, partners, associates , agents , and employees , shall .not make, participate in making, or , in any way attempt to use the position afforded them by this Contract to influence any governmental decision in which he or she . knows or has reason to know that he or she has a financial interest under California Government Code Sections 87100, et seq. , or otherwise . 16. Confidentiality. Contractor agrees to comply and to require its officers , partners ,. associates , agents and employees to comply with all applicable State or Federal. statutes or regulations respecting confidentiality, including but not limited to , the identity of persons served under this Contract , their records , or services provided them, and assures that: a . All applications and records concerning any individual made or kept by Contractor or any public officer or agency in connection with the administration of or relating to services provided under this Contract will be confidential , and will not be open to examination for any purpose not directly connected with the administration of such service. AV -3- contra Costa County Standard Form 1/87 GENERAL CONDITIONS (Purchase of Services) b. No person will publish or disclose or permit or cause to be published or disclosed , any list of persons receiving services , except as may be required in the administration of such service . Contractor agrees to inform all employees , agents and partners of the above provisions , and that any person knowingly and intentionally disclosing such information other than as authorized by law may be guilty of a misdemeanor . 17. 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. 18. 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, servents , 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 make good to and reimburse the County for any expenditures , including reasonable attorneys fees , the County may make by reason of such matters and, if requested by the County will defend any such suits at the sole cost and expense of the Contractor . 19. Insurance. During the entire term of this Contract and any extension or modification thereof , the Contractor shall keep in effect insurance policies meeting the following insurance requirements unless otherwise expressed in the Special Conditions : a. Liability Insurance . The Contractor shall provide comprehensive liabi- lity insurance, including coverage for owned and non-owned automobiles , with a minimum combined single limit coverage of $500,000 for all damages , including consequential damages , due to bodily injury, sickness or disease , or death to any person or damage to or destruction of property, including the loss of use thereof, arising from each occurrence. Such insurance shall be endorsed to include the County and its officers and employees as additional insureds as to all services performed by Contractor under this agreement . Said policies shall constitute primary insurance as to the County, the State and Federal Governments, and their officers , agents , and employees , so that other insurance policies held by them or their self-insurance program(s) shall not be required to contribute to any loss covered under the Contractor' s insurance policy or policies . b. Workers' Compensation. The Contractor shall provide workers ' compensation insurance coverage for its employees . C. Certificate of Insurance. The Contractor shall provide the County with (a) certificate(s) of insurance evidencing liability and worker's compensation insurance as required herein no later than the effective date of this Contract . If the Contractor should renew the insurance policy(ies) or acquire either a new insurance policy(ies) or amend the coverage afforded through an endorsement to the policy at any time during the term of this Contract, then Contractor shall provide (a) current certificate(s) of insurance. d. Additional Insurance Provisions . The insurance policies provided by the Contractor shall include a provision for thirty (30) days written notice to County before cancellation or material change of the above specified coverage. -4- Contra Costa County Standard Form 1187 GENERAL CONDITIONS (Purchase of Services) 20. Notices . All notices provided for by this Contract shall be in writing and may be delivered by deposit in the United States mail , postage prepaid . Notices to the County shall be addressed to the head of the County Department for which this Contract is made . Notices to the Contractor shall be addressed to the Contractor ' s address designated herein. The effective date of notice shall be the date of deposit in the mails or o.f other delivery, except that the effective date of notice to the County shall be the date of receipt by the head of the County Department for which this Contract is made . 21. Primacy of General Conditions . Except for Special Conditions which expressly supersede General Conditions , the Special Conditions (if any) and Service Plan do not limit any term of the General Conditions . 22. Nonrenewal . Contractor understands and agrees that there is no representation, implication, or understanding that the services provided by Contractor under this Contract will be purchased by County under a new contract following expiration or termination of this Contract , and waives all rights or claims to notice or hearing respecting any failure to continue purchase of all or any such services from Contractor. 23. Possessory Interest. If this Contract results in the Contractor having possession of, claim to or right to the possession of land or improvements , but does not vest ownership of the land or improvements in the same person, or if this Contract results in the placement of taxable improvements on tax exempt land (Revenue & Taxation Code §107), such interest or improvements may represent a possessory interest subject to property tax, and Contractor may be subject to the payment of property taxes levied on such interest. Contractor agrees that this provision complies with the notice requirements of Revenue & Taxation Code §107.6, and waives all rights to further notice or to damages under that or any comparable statute . 24. No Third—Party Beneficiaries . Notwithstanding mutual recognition that services under this Contract may provide some aid or assistance to members of the County' s population, it is not the intention of either the County or Contractor that such individuals occupy the position of intended third—party beneficiaries of the obligations assumed by either party to this Contract . 25. Copyrights and Rights in Data. Contractor shall not publish or transfer any materials produced or resulting from activities supported by this agreement without the express written consent of the County Administrator. If any material is subject to, copyright , the County reserves the right to copyright such and the Contractor agrees not to copyright such material . If the material is copyrighted, the County reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish , and use such materials, in whole or in part , and to authorize others to do so. -5-