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HomeMy WebLinkAboutMINUTES - 05191998 - C58-C61 TO: BOARD OF SUPERVISORS Contra FROM: ;.� Phil Batchelor, County Administrator osta 19, y DATE: May 1998 r �, SUBJECT: Authorize County Risk Manager to Amend Short Form Service Contract with Essential Staffing SPECIFIC REQUEST(S)OR RECOMMENDATIONS;&BACKGROUND AND JUSTIFICATION RECOMMENDATION: Approve and authorize the County Risk Manager to amend the Short Form Service Contract with Essential Staffing to increase the payment amount by $35,000 to a total $60,000 limit for additional consulting services and workers ' compensation staffing services. FINANCIAL IMPACT: Coats for workers ' compensation claims administration services are funded through the Workers' Compensation Self-Insurance Trust Fund. BACKGROUND/REASONS FOR RECOMMENDATION: Essential Staffing is a firm with special skills involving workers" compensation claims services . The County retained their services to evaluate workflow in the workers' compensation operation and to assist in the adjusting of claims due to adjuster position vacancies and an adjuster being on medical leave. CONTINUED ON ATTACHMENT: -YES SIGNATURE: w RECOMMENDATION OF COUNTY ADMINISTRATOR -RECOMMENDATION OF BO RD OMMI EE [ APPROVE OTHER �; . I// SIGNATURES ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS(ABSENT ; AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. MAY 19 190$ ATTESTED Contact: Joseph J. Tonda r- 335-1450 PHIL BATCHELOR,CLERK OF THE BOARD OF cc: CAO Risk Management SUPERVISORS AND COUNTY ADMINISTRATOR Auditor-Controller Essential Staffing (via Risk Management) BY DEPUTY s' TO: BOARD OF SUPERVISORS U_ 0n1' 'L FROM: Phil Batchelor,County Administrator FROM: May 5, 1998 County DATE: pa c,:. SUBJECT: Agreement for Contract Analyst Technical Support SPECIFIC REOUEST(S)OR RECOMMENDATION(S)8,BACKGROUND AND JUSTIFICATION I. RECOMMENDED ACTION: Approve and authorize the Chair of the Board of Supervisors to execute on behalf of the County an amendment agreement with Carl Smith to extend the termination date to June 30, 1999 and increase the payment limit from$25,000 to $150,000. II. FINANCIAL IMPACT: The action if approved will not result in any increased cost to Information Technology. III. REASON FOR RECOMMENDATION AND BACKGROUND: Many county departments are using Local Area Networks (LAN) and Wide Area Networks (WANs) to access automated data. This is relatively new technology and like many organizations we do not have adequate staff to service all the demands of our customers. We have initiated this contract with Mr. Smith to assist our staff. We have not been able to recruit permanent staff with the necessary technical backgrounds because of law salaries. Until these salaries are competitive we will need to use outside assistance to meet customers requirements. IV. CONSEQUENCES OF NEGATIVE ACTION: If the request is not approved Information Technology will not be able to provide timely support to our customers.. CONTINUED ON ATTACHMENT: YES SIGNATURE: __X_RECOMMENOATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE ._APPROVE OTHER SIGNATURES: 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: Department of Information Technology-All CopieSATTESTED MAY 19 1998 PHIL BATCHELOR,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR 1 M382 (10/88) BY ,DEPUTY Contra costa County SHORT FORM SERVICE Number: 55885 Standard Form 1188 CONTRACT EXTENSION AGREEMENT Fund: 1075 Account: 1, Identification of Contract to be Extended. Number: Effective Date: February 5,1998 through June 30,1998 Department: CAOIDepartment of Information Technology Subject: Consulting Agreement 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: Contractor: Carl Smith Capacity: individual Taxpayer ID#572-74-8721 Address: 469-Bo r"ft�' 5i✓ N � 3. Extension of Term. The term of the above described contract between the parties hereto is hereby extended from June 30, 1998 to June 30, 1999 unless sooner terminated as provided in said contract. 4. Pavment Limit. Including the extended term of the contract,the maximum amount payable by the County under this Contract shall not exceed$150,000.(increase of$125,000) 5- Other Provisions_. As to the terra during which the above described contract is extended,the parties mutually agree to those Special Provisions(if any)attached hereto,which are incorporated herein by reference, See Service Plan. & Signatures. These signatures attest the parties'agreement hereto: COUNTY OF CONTRA COSTA,CALIFORNIA CONTRACTOR f By: _ By: Desig Approved: County Administrator {Design ' basin s capacity A) By: By: Designee Recommended by Department: (Designate business capacity B) By: a [Form approved by County Counsel] Design Note to Contractor: For corporations(profit or nonprofit),the Contract must be signed by two officers. Signatures A must be that of the president or vice-president and Signature B must be that of the secretary or assistant secretary(Civil Code Sec.11901 and Corporations Code Sec.313). ACKNOWLEDGEMENT STATE OF CALIFORNIA } S& COUNTY OF CONTRA COSTA } A' 6 iM,s y j €"'+ lAS, <'.35.,' 7 n fN04WOn I ba€orath ' nseame and title of theof€Icer}, personna#ty appeared ?I th personally known to me(or proved to me on the basis of satisfactory evidence)to be the person($)whose name($)is/*subscribed to the within instrument and acknowtedged to nae that hefsWtloy executed the same in his/bdritt 6ir authorized capacity(iA,and that by hisftg6r/Mir signature(s)on theinstrument the person($),or the entity upon behalf of which the persono)acted,executed the instrument. B mail) a ro tlRhgA WITNESS MY HANG?AND OFFICIAL SEAL. rJNi�t 2r,290t (Baal) ACKNOWLEDGEMENT(by Corporation,Partnership,or Individual) (Civil Code§1169) Contra Costa County SHORT FORM SERVICE Number: 55885 Standard Form 1188 CONTRACT EXTENSION AGREEMENT Fund: 1075 Account: 1. Identification of Contract to be Extended. Dumber: Effective gate: February 5, 1998 through,lune 30, 1998 Department: CAO/Department of information Technology Subject: Consulting Agreement 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: Contractor: Carl Smith Capacity: Individual Taxpayer 1D#572-74-8721 Address: OT 3 3. Extension of Term. The term of the above described contract between the parties hereto is hereby extended from June 30, 1958 to June 30, 1999 unless sooner terminated as provided in said contract. 4. Payment Limit. Including the extended term of the contract,the maximum amount payable by the County under this Contract shall not exceed$150,000.(increase of$125,000) 5. Other Provisions. As to the term during which the above described contract is extended,the parties mutually agree to those Special Provisions(if any)attached hereto,which are incorporated herein by reference. See Service Plan. 6, Signatures. These signatures attest the parties'agreement hereto: COUNTY OF CONTRA COSTA CALIFORNIA CONTMCTOR By: �� By: ` Designee~V Approved: County Administrator e � °to � ss apacity A) By: By: Designee Recommended by Department: (Designate business capacity B) By: sS rd Designs (Form approved by County Counsel] Note to Contractor. For corporations(profit or nonprofit),the Contract must be signed by two officers. Signatures A must be that of the president or vice-president and Signature 8 must be that of the secretary or assistant secretary(Civil Code Sec. 1190.1 and Corporations Code Sec.313). ACKNOWLEDGEMENT STATE OF CALIFORNIA ) )ss. COUNTY OF CONTRA COSTA On NfX € ,before me lr' € �sert name and title of theoff cer), personnally appeared -`l" ' r=-"+ :" ' ' p4sonally known to me(or proved to me on the basis of satisfactory evidence)to be the person(}whose name(o islare subscribed to the within instrument and acknowledged to me that helsbeAhey executed the sante in hisl#terrtfteir authorized capacity(i9s),and that by his/W/14&signature(*on theinstrument the person(},or the entity upon behalf of which the person(f*acted,executed the instrument. riQ SMID SH WITNESS MY HAND AND OFFICIAL SEAL. *C EhesJ*21,2441 r , (Seal) ACKNOWLEDGEMENT(by Corporation,Partnership,or Individual) (Civil Code§1189) ­­­­...I.............................................................................................................................................................. ............................................................................................................................................................................. TO: BOARD OF'SUPERVISORS Contra FROM: GUS S. KRAMER, ASSESSOR Costa DATE- May 12, 1998 County I SUBJECT: CONVERSION OF PARCEL MAPS TO COMPUTER FORMAT SPECIFIC AEGUESTAS)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION RECOMMENDATIONS: APPROVE and AUTHORIZE the County Purchasing Services Manager to execute a contract with The Sanborn Mapping Company in an amount not to exceed $498,000 to convert the Assessor's Parcel Maps to computer format. FISCAL IMPACT: This contract will be paid out of the Property Tax Administration.Funds (AB818). BACKGROUND: The Assessor's Office has been trying to convert their parcel maps to computer format-for a number of years but was unable to fund the project. We were able to obtain funding through the Property Tax Administration Program (AB818) and have selected a vendor who has demonstrated the ability to successfully complete our conversion. This conversion is another step in the Assessor's program to develop programs to improve public service and efficiency through automation. CONTINUED ONATTACHMENT: -YES SIGNATURE: RECOMMENDATION Of COUNTY ADMINISTRATOR -RECOMMENDATION OFBOARD COMMITTEE APPROVE -OTHER SIGNATURUSI: ACTION OF BOARD ON MAY I APPROVED AS RECOMMENDED V1 OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS 19 A TRUE UNANIMOUS(ABSENT AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT- ABSTAft OF SUPERVISORS ON THE DATE SHOWN. CC: Assessor ATTESTED MAY 19 1998 Purchasing PHIL BATCHELOR.CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR AV . ................................................. TO: BOARD OF SUPERVISORS � Contra rJ FROM: GUS S. I�RANiER, ASSESSORCosta�;' ,. �' DATE: MAY 20, 1998 K County SUBJECT: COMPUTER ASSISTED RESTORATION OF REDUCED ASSESSMENT VALUES SPECIFIC RE; E3T(S)OR RECOMMENDATION(S)6 BACKGROUND AND JUSTIFICATION RECOMMENDATION: APPROVE and AUTHORIZE the Chair of the Board of Supervisors to execute a contract with Assessment Evaluation Services in the amount not to exceed$75,000 for computer assisted restoration of reduced values. FISCAL IMPACT: The contract will be paid out of Property Tax Administration Funds {AB818}, BACKGROUND: The Assessor's Office over the last five to six years has been reducing assessments due to the weak real estate market in Contra Costa County. There are approximately 60,000 reduced assessments that need to be evaluated annually to determine if current market values justify restoration of these values. The Assessor's Office needs to continue monitoring these reduced values until they have been restored to theirfactored Proposition X111 value. Computer automation is the only practical tool to assist the staff in effectively monitoring this volume of parcels on an annual basis. The Property Tax Administration funds has provided funding for automating this function. CONTINUED ON ATTACHMENT: YES SIGNATURE: J -RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD'COMMITTEE APPROVE -OTHER SIGNATURES: ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER VOT OF SUPERVISORS UNANIMOUSI HEREBY CERTIFY THAT THIS IS A TRUE (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: Assessor MAY 19 1998 CAO ATTESTED Auditor PHIL BATCHELOR,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR MI382 (10108) BY ���� ,DEPUTY S" Contra Costa County Number: Standard Form 1/87 STANDARD CONTRACT Fund: 16003 (Purchase of Services) Account: 23103 1. Contract Identification: Department: Assessor's Office Subject: Computer Assisted Restoration of Reduced Assessment Values 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. Contractor: Assessment Evaluation Services Capacity: Corporation Taxpayer ID: 330739837 Address: 10875 Rancho Bernardo Road, Suite 108 San Diego,CA 92127 3. Term: The effective date of this Contract is May 1, 1998 and it terminates October 31. 1998 unless sooner terminated as provided herein. - 4. Payment Limit. County's total payments to Contractor under this Contract shall not exceed 175,000 5. County's Obligations. County shall make to the Contractor those payments describedin 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 Srrecial Conditions. This Contract is subject to the General Conditions and Special Conditions (if any) attached hereto,which are incorporated herein by reference. 8. Pro ect. This Contract implements in whole or in part the following described Project, the application and approval documents of which are incorporated herein by reference: See attached Service Plan 9, Legal Authority. This Contract is entered into under and subject to the following legal authorities: California Government Code Section 25502.5 and 31000. M Signatures. These signatures attest the parties'agreement hereto: COUNTY OF CONTRA COSTA,CALIFORNIA BOARD OF SUPERVISORS Attest: Phil Batchelor, Clerk of the Board of Supervisors and County Administrator w By: t!f .4-- By: 4 4 hairma esignee Deputy CONTRACTOR By: rN By J 'y {Designate official business capacity A.) (Designate offic siness capacity B.) Note to Contractor: For corporations(profit or nonprofit),the Contract must be signed by two officers. Signatures A must be that of the president or vice-president and Signature B must be that of the secretary or assistant secretary(Civil Code Sec. 1190 and Corporations Code Sec. 313). All signatures must be acknowledged as set forth on page two. Contra Costa County Standard Form (Rev. 1195) APPR0VALS/A KC N0WLEDGMENT Dumber APPROVALS RECOMMENDED BY DEPARTMENT FORM APPROVED COUNTY COUNSEL By: By: APPROVED: COUNTY ADMINISTRATOR By: Com. Designee ACKNOWLEDGMENT STATE OF CALIFORNIA ) ) ss. COUNTY OF ) ACKNOWLEDGMENT STATE OF CALIFORNIA ) } ss. COUNTY OF eeNTR A ) �`�r•�.s Zai�r,�-2> On '�`� r j �` , before me, , J994%w 4- 6l. " (insert name and title of the officer), personally appeared -"6 ' -- ark+ w- personally known to me (or ro, edto me on the basis of satisfactory evidence)to be the person(s)whose name(s) islare subscribed to the within instrument and acknowledged to me that helshe/t�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 thenstrument. ComAMM #071330 Notaryptw--coomft f CtiAgtl Cam' .» WITNESS MY HAND AND OFFICIAL SEAL. (Seal) ACKNOWLEDGMENT (by Corporation, Partnership, or Individual) (Civil Code§1189) Contra Costa County Standard Form 6190 Number PAYMENT PROVISIONS (Fee Basis Contracts) 1. Payment Amounts. Subiect to the Payment Limit of this Contract and subject to the following Payment Provisions, County will pay Contractor the following fee as full compensation for all services,work,expenses or costs provided or incurred by Contractor. (Check one alternative only.) a. $ monthly,or b. $ X per unit, as defined in the Service Plan, or c. $ after completion of all obligations and conditions herein. 2. Payment Demands. Contractor shall submit written demands. Said demands shall be made on County Demand Form D-15 and in the manner and form prescribed by County. Contractor shall submit said demands for payment no later than 30 days from the end of the month in which the Contract services upon which such demand is based were actually rendered. Upon approval of said payment demands by the head of the County Department for which this Contract is made,or his designee, County will make payments as specified in paragraph 1. (Payment Amounts)above. 3. Penalty folr Late Submission. When Contractor fails to submit to County a timely demand for payment as specified in Paragraph 2. (Payment Demands) above, and as a result of Contractor's late submission the County is unable to obtain reimbursement from the State of California or otherwise; to the extent the County's recovery of funding is prejudiced, County shall not pay Contractor for such services,even though such services Were fully provided. 4. Right to Withhold. County has the right to withhold payment to the Contractor when, in the opinion of the County expressed in writing to the Contractor, (a)the Contractor's performance,in whole or in part,either has not been carried out or is insufficiently documented, (b) the Contractor has neglected, failed or refused to furnish information or to cooperate with any inspection, review or audit of its program,work or records,or(c)Contractor has failed to sufficiently itemize or document its demand(s)for payment. 5. Audit Exceptions. Contractor agrees to accept responsibility for receiving,replying to,and/or complying with any audit exceptions by appropriate County, State or Federal Audit Agencies occurring as a result of its performance of this Contract. Contractor also agrees to pay to the County within 30 days of demand by County the full amount of the County's obligation,if any,to the State and/or Federal government resulting from any audit exceptions,to the extent such are attributable to the Contractor's failure to perform properly any of its obligations under this Contract. tr Contractor County Dept. Contra Costa County Standard Form 1/87 Number GENERAL CONDMONS (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 performance 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 pertaining',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. Recorg% 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 additional records pertaining to this Contract as may be required by the County. a. Retention of Records. The Contractor shall retain all documents pertaining to this 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 available 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 representative,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,it 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 dully 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 maintenance or retention of records under this Contract and is binding on the heirs, successors, assigns and representative of Contractor. 4. Rep2rting 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. 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 canceled 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. Contra Costa County Standard Form 1/87 Number GENERAL CONDITIONS (Purchase of Services) 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 developed 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 Contact 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 AmertdM2 nts. 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 of 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. Dis2gtes. 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. 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 Condition, 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 requirements 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 lnterest. 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. Contra Costa County Standard Form 1/87 Number GENERAL CONDITIONS (Purchase of Services) 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. b. No person will publish or disciose or permit or cause to be published or disclosed,nay 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 low 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. Indemiflcation. The Contractor shall defend, indemnity, 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. 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. Uabl#iity Insurance. The Contractor shall provide comprehensive liability insurance, including coverage forowned 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 Comoensation. The Contractor shall provide workers'compensation insurance coverage for its employees. c. Certificateof Insurance. The Contractor shall provide the County with(a)certificate(s)of insurance evidencing liability and workerscompensation insurance as required herein no later than the effective date of this Contract. If the Contractor should renew the insurance policy(les)or acquire either a new insurance policy(ies)or amend the coverage afforded through an endorsement to the policy at anytime during the term of this Contract,then Contractor shall provide (a)current certificates)of insurance. d. AddlOomi Insurange Provisions. The insurance policies provided by the Contractor shall include a provision for thirty (30) days written notice to County before cancellation or material changes of the above specified coverage. Contra Costa County Standard Form 1/87 Number 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 of 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 Flan 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 on tax exempt land (Revenue & Taxation Code Section 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 Section 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, non-exclusive, and irrevocable license to reproduce, publish,and use such materials, in whole or in part, and to authorize others to do so. service Plan Contractor Obligations: Process all residential parcels with a use code equal to 11-1, 14-1, 19-1 or 29-1 and with a Proposition 8 reduction (Estimated 53,500)to determine if there have been any value increases or decreases that should be applied to reflect the market value as of January 1, 1998. Provide two documents reflecting current comparable sales for each parcel that indicates a change in value of plus or minus 5%from the current enrolled value. These documents will be delivered to the Assessor's office by May 11. 1998. +r,Ve Gd Provide a magnetic man listing of all the remaining parcels that do not indicate a change in value of plus or minus 5%. This tape will reflect the estimated percent change in value. All transactions in detail will be placed on a CD Flom and be accessible on the Assessor's LAN. P"ment Provisions Payment Schedule: 1 - A payment of$25,000 will be payable when the required computer output has been received by the Assessor's Office. 2- A second payment of$25,000 will be payable when the quality of the delivered reports have been reviewed and accepted by the Assessor's Office. The payment date is estimated to be 30-45 days after receipt of the reports. 3- A third payment of$25,000 will be payable 30 days after all reports have been reviewed and accepted by the Assessor's Office Initials: _'7v Contractor County Dept.