HomeMy WebLinkAboutMINUTES - 05181999 - C85-C89 ��Y.fV♦A� .4 '/a� �Ioh yypy�y yr
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Costa
TO; BOARD OF SUPERVISORS � CC)Umy
FROM: DENNIS M. BARRY, A.ICP
DIRECTOR OF COMMUNITY DEVELOPMENT
DATE: May 18, 1999
SUBJECT: CONTRACT AMENDMENT WITH JAMES W. CUTLER FOR ADVANCE PLANNING STAFF
ASSISTANCE. (CONTRACT # C45208)
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
a "• OMME=ION
AUTHORIZE the Community Development Director or his designee to
execute a contract amendment with James W. Cutler in the amount of
$=.5, 000.00 for continuing Advance Planning staff assistance through
,rune 30, 2000 . This amendment, effective March 31, 1999, increases
--he contract amount from $25, 000 . 00 to $40, 000 . 00 .
Za T, TvjAQ'r;
None, The cast for this contract amendment is covered by applicant
fees and by existing budget allocations .
On February 11, 1998, the Community Development Department signed
a contract with James Cutler for staff assistance for projects
related. to Advance Planning. The $15, 000 contract limit was
increased to a total of $25, 000 by a contract amendment on August
j-, 1998 .
This proposed contract amendment would allow an additional $15, 000
for staff assistance related to Advance Planning activities . This
proposed contract would also extend the term from June 30, 1999 to
June 30, 2000 .
CONTINUED ON ATTACHMENT: SIGNATURE
_ o RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S) :
ACTION OF BOARD ON '5J/ APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN
AYES- NOES. ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
Contact: Catherine Kutsuris 335-1210
Orig: Community Development Department ATTESTED ,'
CG: CAO PHIL BATCHELOR, CLERK OF
Auditor-Controller, Marie Woods THE BOARD OF SUPERVISORS
Advanced. Planning, Pat Roche AND COUNTY ADMINISTRATOR
Co;mr,u.nity Development, Judy Coons
BY ? DEPUTY
CR/df
Contra
Costa
TO: BOARD OF SUPERVISORS County
FROM: DENNIS M. BARRY, AICD
COMMUNITY DEVELOPMENT DIRECTOR
DATE: May 1 8, 1 999
SUBJECT: CONTRACT AMENDMENT WITH DARWIN MYERS AND ASSOCIATES TO PROVIDE
PLANNING SERVICES FOR AN APPROXIMATE TWO YEAR PERIOD.
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
AUTHORIZE the Community Development Director to execute on behalf of the
County a contract amendment with Darwin Myers and Associates for planning services,
extending the contract term to June 30, 2000 and increasing the contract amount from
100,000 to $160,000.
FISCAL IM ACT
None. All costs are covered by fees charged to applicants.
BACKGRQUND/RE SA ONS FOR RECOMMENDATIONS
On July 22, 1999, the Board authorized a $100,000 contract with.Darwin Myers and
Associates to provide planning services for an approximate two year period. The funds
for this contract have been expended.. This proposed contract would extend the term
of the contract by one year, expiring on June 30, 2000 and would add $60,000 to the
contract amount.
CONTINUED ON ATTACHMENT; _` !; SIGNATURE
RECOMMENDATION OF COUNTY ADMINISTRATOR �RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER.
SIGNATURES : LL��/,/A,
ACTION OF BOARD ON �� x /r-,l P __ _ APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
'UNANIMOUS (ABSENT�2 ) AND CORRECT COPY OF AN ACTION TAKEN
AYES< NOES: AND ENTERED ON THE MINUTES OF THE
ABSENT: ABSTAIN: BOARD OF SUPERVISORS ON THE DATE
SHOWN.
Contact: Catherine Kuturis 335-1210 ATTESTED r ' f I I
cc: CAO
Auditor-Controller, Marie Woods
CDD, Jody Coons PHIL BATCHELOR, CLERK OF
THE BOARD OF SUPERVISORS
AND COUNTY ADMINISTRATOR
C Kimp
DEPUTY
TO. BOARD OF SUPERVISORS
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
BATE: May 18, 1999
SUBJECT: STREET SWEEPING CONTRACTS for COUNTY'S CLEAN WATER PROGRAM.
Work Order No.: 6W7223
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)chi BACKGROUND AND JUSTIFICATION
L Recommended Action:
APPROVE AND AUTHORIZE Public Works Director or his designee to execute two contracts with
Universal Building Services, one in the amount of$79,426 for street sweeping services in unincorporated
central County and Discovery Bay during the period of May 18, 1999 through July 31, 2001, and another
in the amount of$49,802 for street sweeping services in Oakley during the period of May 18, 1999 through
June 30, 2000.
Continued on Attachment: X SIGNATURE:-'/ • .. 't°'
_RECOMMENDATION OF BOARD COMMITTEE
APPROVE ®OTHER
SIGNATURE (S): x�
Z�&
ACTION OF BOARD ON May IS, 1999 APPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS
X UNANIMOUS (ABSENT None) I hereby certify that this is a true and correct
AYES: NOES: copy of an action taken and entered on the minutes
ABSENT: ABSTAIN: of the Board of Supervisors on the
date shown.
ATTESTED: fav 18, 1999
Orifi. ivta\FldCtl\lbulkelelbo\3UBSodControl 1899.doc PHIL BATCHELOR Clerk of the Board
Brig.Div: Public Works Flood Control ,
Contact: Linda Bulkeley—(928)313-2238 of Supervisors and County Administrator
c: CAO—Risk Management
PW—Accounting&Flood Control
Auditor-Control Contracts o
Universal Building Services Byr. t Deputy
s
II. Financial Impact.
No impact to General Fund. Contract will be funded with stormwater utility assessments from the
unincorporated areas (Fund 2517) designated to the County's Clean Water Program. Street sweeping of
Discovery Bay and Pleasant Hill BART were formerly funded with special district revenues.
III. Reasons for Recommendations and Background:
Adoption of these two contracts will result in semi-monthly street sweeping of curbed streets in the
unincorporated areas of Pacheco,Clyde,industrial north Martinez\Concord(Imhoff Drive,Arnold Industrial
Way, and Buchanan Airport), Pleasant Hill BART, Discovery Bay, and Oakley. Sweeping will be a new
service for the north central locations and Oakley,but not for Discovery Bay and Pleasant Hill BART. The
shorter term of the Oakley contract is for fiscal year 1999/00 and assumes that County Public Works
personnel are obligated to provide services to the community during its first year of incorporation. Oakley
and County staff will work together during the fiscal year to transition this and other stormwater pollution
control activities to the new city of Oakley.
Other unincorporated regions receiving routine street sweeping services are most of West County (El
Sobrante, North Richmond, Rodeo, Crockett, Rollingwood and Montara Bay), Alamo (only major
thoroughfares), and Bay Point. Delta Diablo Sanitary District pays and is responsible for service to Bay
Point.
The County's Clean Water Program will administer this contract. The contractor, Universal Building
Services (UBS), competed with four other companies and presented the lowest overall bid. IDBS is also
successfully providing routine, semi-monthly street sweeping services in West County communities.
Routine street sweeping satisfies the goal of the County's Clean Water Program, to reduce, eliminate, and
prevent stormwater pollution and is mandated by the California Regional Water Quality Control Boards
through their joint Municipal Stormwater NPDES Permit with the County and cities of Contra Costa. This
activity removes sediment, debris, and other contaminants that might normally enter the storm drain system
and flow untreated to creeks and other natural waterways.
The proposed contract includes the neighborhoods of Discovery Bay and Pleasant Hill BART, which are
currently under a contract administered by the Department's Special Districts Unit. Over the next fiscal
year, these two communities will be transferred to the new contract. Due to the availability of funding and
the good functional fit, the Public Works Department will transfer the remaining street sweeping contract
for Alamo from the Special Districts Unit to the County's Clean Water Program within the next year and
a hall. The County's Clean Water Program is not responsible for non-routine street sweeping related to road
improvements and maintenance(chip seal cleanup) and/or construction projects.
IV. Conseg,uences of Negative Action:
No routine street sweeping will be provided to Pacheco, Clyde,unincorporated industrial North Concord,
Pleasant Hill BART,Discovery Bay and Oakley. The County will not be in compliance with its Municipal
Stormwater Permit with the State Regional Water Quality Control Board.
TO: BOARD OF SUPERVISORS , ' Contra.
Costa
FROM: PHIL BATCHELOR
County Administrator `` County
DATE: May 18, 1999
SUBJECT: CONTRACT WITH CONTRA COSTA COUNTY BAR ASSOCIATION
FOR PROVISION OF CRIMINAL CONFLICT DEFENSE SERVICES
Specific Request(s) or Recommendation(s) & Background & Justification
RECOMMENDATIONS:
Authorize the County Administrator or his designee to execute a contract with the Contra Costa County
Bar Association, for the period July 1, 1999 through June 30, 2000, and setting a payment limit not to
exceed $1,0503,000, to provide for continued mandated criminal conflict defense services.
FINANCIAL IMPACT:
The costs incurred under this contract in FY 1999-2000 are anticipated to be appropriated in the Final
Budget and will be included in the County Administrator's Proposed 1999-2000 Budget, Provision of
criminal conflict defense services by the Bar Association is contingent upon appropriation of funds in the
Final Budget.
REASONS FOR RECOMMENDATIONIBACKGROUND:
Since 1983 the County has had a contract with the Contra Costa County Bar Association for the
provision of conflict defense services. This contract was in response to the escalating cost for conflict
defense services under the old system of court-appointed counsel. In FY 1991-92, the Public Defender
created an Alternate Defender's Office in order to handle conflict cases.
t / 6
Continued on Attachment: ----X— YES Signature: 1.
Recommendation of County Administrator
Recommendation of Board Committee
-- Approve Other
Signature(s):
Action of Board on: � 16� 19-99 Approved as Recommended Other
Vote of Supervisors: I HEREBY CERTIFY THAT THIS IS A TRUE
AND CORRECT COPY OF AN ACTION TAKEN
—X— Unanimous (Absent AND ENTERED ON THE MINUTES OF THE
Ayes: Noes: ) BOARD OF SUPERVISORS ON DATE SHOWN.
Contact: G. Roemer(335.10155) Attested: Icy 18, 1999
cc:CAO-Justice System Programs Phil Batchelor, Clerk of
Contra Costa County Bar Association the Board of Supervisors
Presiding Judge, Superior Court and County Administrator
Executive Officer, Superior Court �A
Public Defender By: fa DEPUTY
Auditor-Controller
Amendment to Contract with
Contra Costa County Bar Association
for Provision of Conflict Defense Services
Page 2
May 18, 1999
The cases referred to the Bar Association generally represent multiple co-defendant cases in which the
Alternate Defender's Office can only handle one co-defendant. Actual expenditures under the Bar
Association's conflict defense contract for FY 1992-93 were $3,617,454. For the current fiscal year,
estimated expenditures are $1,050,000. It should be noted that for FY 1999/2099, the County's contract
with the Bar Association for conflict defense services includes only the costs associated with representing
criminal and delinquency cases referred to the Bar Association through a written affidavit conflict by the
Public Defender and the Alternate Defender. It does not include provision for costs of representation of
dependency cases. These cases have been excluded from the County's FY 1998/99 and 1999/2000
contracts because the Lockyer-Isenberg Trial Court Funding Act of 1997 places the responsibility for
payment of costs associated with such cases within the Courts' State Trial Court Funding budget. It is
no longer a County financial obligation.
CONSEQUENCES OF NEGATIVE ACTION:
If the recommended action is not approved, the contract with the Bar Association will terminate June 30,
1999. The appointment and payment of private attorneys for conflict cases that cannot be handled by
the Alternate Defender's Office will revert to the court-appointed method used prior to the Bar Association
contract. All active and new criminal and delinquency conflict cases will be referred to the courts for
appointment of defense counsel. Payment of criminal conflict attorney services is a mandated County
cost.
TO: BOARD OF SUPERVISORS = CONTRA
FROM: Phil Batchelor . COSTA
r
County Administrator - COUNTY
DATE: MAY '18, 1999
SUBJECT: CONTRACT WITH BUDGETING TECHNOLOGY
SPECIFIC REQUEST(5)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS:
1. AUTHORIZE the chair, Board of Supervisors, to execute a renewal contract with Budgeting
Technology, Inc., for $60,700 for the period of July 1, 1998 through June 30, 2000.
BACKGROUNDIREASON(S) FOR RECOMMENDATION(S):
In 1993, the County Administrator and Auditor-Controller's Offices embarked on a computerized
budget system replacement project. A new system replacement was required for budget year
1999-2000 because of the need to be compliant with Y2K.
Approximately one half of the cost of this two year project is to program, install and test the new
system while the other half is for required software maintenance and future modifications of the
system. The system is more user friendly and data can be easily exportable to computer software
programs such as EXCEL. Department Staff have already been trained on the system and are
currently preparing their budgets using the new system.
CONTINUED ON ATTACHMENT: __1G SIGNATURE: r� �
tS
' RECOMMENDATION OF COUNTY ADMINISTRATOR®RECOMMENDATION OF BOARD COMMITTEE
APPROVE ®OTHER
SIGNATURE(S):
ACTION OF BOARD ON r?u ! i i APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
/ UNANIMOUSABSENT j 10," � 1 HEREBY CERTIFY THAT THIS IS A
( ) TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED
ABSENT: ABSTAIN: ON MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
Contact: Tony Enea,5-1094
CC: CAO ATTESTED /)'x` % f. i i
Auditor-Controller PHIL BATCHELOR,"CLERK OF
THE BOARD OF SUPERVISORS
AND COUNTY ADMINISTRATOR
BY�/� ' _,DEPUTY
Contra Costa County _�
Number
SwanAard Farm 1/87 STANDARD CONTRACT
(Purchase of Services) Fund/0rg # 1692
Account # 2310
1. Contract Identification. Other '
Department: County Administrator
Subject: Budget System,7Conversion
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: Budgeting Technology, Inc,
Taxpayer ID# 52-1411246
Capacity: Corporation
Address: 7910 Woodmont Avenue, Suite 330
Bethesda, SCD 20814
3. Term. The effective date of this Contract is July 1, 1998 and it
terminates June 30, 2000 unless sooner terminated as provided herein.
4. Pa)2ent Limit. County's total payments to Contractor under this Contract shall not
exceed $ 73,700
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. Prci 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 flan
9. Legal Authority. This Contract is entered into under and subject to the following
legal authorities :
Gov Code26,227
10. Signatures. These signatures attest the parties' agreement hereto:
CoEJNTY OF CONTRA COSTA CALIFORNIA
ATTEST: Phil Batchelor, Clerk of the Board
BOARD OF SUPER.VI of Supervisors and County Administrator
By By f ,
air
Deputy
yl
CONTRACTOR
y By
(Designate official business capacity A.) (Designate official business capacity B.
Dote to Contractor: For corporations (profit or nonprofit), the contract must be signed by
two o fivers. 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 §1190 and Corporations
Code §313). All signatures must be acknowledged as set forth on page two.
Contra Costa County Standard Form(Rev. 1/93)
API'RDVALS/ACKNOWLEDGMENT
Number
APPROVALS
RECOMMENDED BY DEPARTMENT FORM APPROVED
COUNTY COUNSEL
By
Designee Deputy
APPROVED: COUNTY ADMINISTRATOR
By:
Designee
ACKNOWLEDGAMNT
sTOIAL- A )
ss.
COUNTY OF Cts%STA )
On before me �%'/r `y ✓ S ey9
(insert name and title of the officer), personally appeared
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
. 1� x ` ' .. (Seal)
)
Signature
"`l`'� �'�y'/G„a%;�'t°,.S-`�`•ice°�' ��P"v`���•'�/��,11` :s✓r ;�`
ACKNOWLEDGMENT(by Corporation, Partnership,or[ndividuai)
(001 Code U IM
Contra Costa County t Standard Form 1/$7
PAYMENT PROVISIONS
(Fee Basis Contracts)
Number
1. Payment Amounts. Subject 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
[XJ b. $ 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. Bight 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.
4. Audit Rxce tions. Contractor agrees to accept responsibility for receiving, reply-
ing 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.
t
Initials:
Contractor County Dept.
Service Plan
July 1, 1998 through June 30, 2000
Software Maintenance $17,240
Provide software maintenance from July 1, 1998
through June 30, 2000
2, Consulting/System Modifications $36,000
Provide requested upgrades and modifications
to system over a 24 month period, as
approved by County.
3. Travel $7,600
Reimburse necessary travel costs over a
24 month period (expenses to be itemized).
$60,700
Budget Reporting and Analysis System
Upgrade and Conversion Project
Budgeting Technology, Inc. is pleased to provide the Contra Costa County with a
description of our implementation services, a preliminary schedule and an cost
proposal for upgrading the Budget Analysis and Support System from Version 3
to Version 5.
Implementation Pricing
Budgeting Technology, Inc. will provide the project management, consulting and
training outlined in this document on a time and material basis of $150 per hour.
We estimate that this project will not require more than 240 hours of consulting
services. This is a total services cost of $36,000. Additional services will be
proposed to the County if required. Services will be carried out both on-site and
off-site, Travel and out-of-pocket expenses will be charged above in addition to
our daily fee. BTI estimates travel expenses of$7,500.
Implementation Assumptions and Resourcing
We have identified a number of key resources required from the County for this
implementation. These resources are based on the following assumptions:
• BTI and the County both plan to implement the BRASS applications with a
March 30, 1999 completion target.
• The County's chart of accounts and human resources structures are
clearly defined due to previous decisions.
• Vacation schedules will not unduly impact either BTI or County staff in this
project,
• The County's RDBMS is in place and it will not require significant tuning
for this project.
• County and BTI staff will be available on a timely fashion throughout this
project.
Implementation Methodology
A successful project requires a structured implementation approach that utilizes
the technical and analytical skills of many different personnel. We envision that
the project will be organized with representatives from the Budget Office, Human
Resources, Information Systems and two end-user departments.
The project team will meet intensively in the early phases of the project to
coordinate and organize with the County's Chart of Accounts; perform
walkthroughs with the software; identify areas where the software or practices
must change; assist in resolving budget policy and procedure questions and
review proposed software modifications. The project team will be intensively
trained in system operation so that they can load tables, do acceptance testing,
and then go out and train their colleagues.
Project Approach and Schedule
Budgeting Technology will employ a multi-task approach in the implementation of
the budget system. This approach has an expected duration of 4 months. BTI
consultants will assist the County by reviewing implementation problems and
issues, training County employees to perform table loading, configure interfaces,
system testing, and system administration. In addition, BTI will assist the County
in setting-up the new State Controller Reporting Module.
The system implementation phase includes all tasks necessary to bring the
systems to a production state. The project team, guided and assisted by the
Budgeting Technology staff, will complete many of the tasks in this phase
concurrently.
Software is installed at the start of this phase. No software modifications are
anticipated. All software modifications are out of scope of this project. The initial
software installation involves limited training of the IS system administrator to
handle subsequent installations as well as testing the database and network
installation.
The Application Administrator is often a key end-user who is responsible for
setting system parameters and administering user security and setup. This
person is involved in all training and implementation sessions.
Training (for the train-the-trainer sessions) will be carried out using the County's
prototype data, on a module basis. Once trained, the project team personnel will
begin loading necessary tables (e.g., consolidation hierarchies and budget form
set up tables in BRASS and SBFS benefit tables) and preparing user workflows
and procedures. BTI staff will provide examples and review table information.
Work sessions will be scheduled as necessary to resolve operating issues, and
document and write up budget system operating procedures.
While training is carried out the Information System personnel will prepare and
install any new hardware, administer the database, and develop computer
operating procedures. IS staff will also assist in coding and testing interfaces. IS
staff will be responsible for extracting data from the existing systems (GL and
HR) in to flat ASCII files for loading into BRASS and SSFS.
Cance the necessary master tables have been loaded, acceptance testing will
begin using a detailed written plan prepared. The acceptance test would
simulate the entire budgeting cycle and test all the system functions and screens
described in the Fit Analysis report as well as all standard system functions.
Training for end users not previously involved as part of the project team will be
conducted shortly before production use of the system, so newly learned skills
will be reinforced by consistent use of the system. Security controls will also be
implemented at this time. Tests on the import and export control features are
required at this time. These tests are done in a manner that does not affect the
training/testing database, to confirm that proper data is being imported and to
avoid damaging the training/testing database.
The final step involves copying the setup data to the production environment.
This creates the go-live database which can then used for the startup operations.
BTI recommends that an audit of data should be performed on an on-going basis
during the startup to ensure that valid data is entered and that any system
calculations are providing the desired result.
Implementation Activities
1.00 Installation of BRASS '
,1.10 Assist customer staff on installation of software
€1.20 Load software on customer's server
i 1.30 Test software in customer's environment
:1.40 load generic training data
:2.00 'Seto BRASS training data and train administrator
2.10 System administrator and application administrator training
12.20 BRASS training
2.30 Assist in setting up budget forms
2.40 BRASS standard report seta
3.00 Setup SBFS trainin -data, review BRASS database �E
3.10 Review BRASS background tables
3.20 SBFS trainin
3.30 SBFS standard report setup
4.00 Review SBFS data, conduct Acceptance test
4.10 Review SBFS back round tables
4.20 Perform salary and benefit 2MLection
14.30 ';Review pro`ection results
14.40 ELead preparation of test plan
4.50 Conduct initial acceptance testing
5.00 Setup production environment
5.10 Assist with setting secut
5.20 Prepare training materials and train the trainers
5.30 Write import control files €CF's and export control files ECF's
5.40 Test SBFS interfaces from HR
5.50 Test BRASS interfaces from GL
15.60 Train end-users on their functions
:5.70 lCopy test database to production environment
;5.80 €Start up production system
;
;
16.00 Go-live
6.10 Run GL to BRASS interfaces
6.20 Run HR to SBFS interfaces
6.30 Review and confirm foundation data
6.40 Perform salaa and benefit pLojection
6.50 Open up system to end-user input and reporting
6.60 Performgo-live data audits
7.0 Custom Reports and Report Set-up Consultln
:8.0 Maintenance
.Conga Costa County Standard Form -J87
GYRAL 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 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. 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 additional records pertaining
to this Contract as may be required by the County.
a. Retention of Records. The C".oAtractor shall retain all documents pertaining
to this Contract for five years from the date of submission o-f Contractor's final payment
demand or final Cost Report; for any further period that is required by law; and until. all
Federal IState 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
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.
F=arther, 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 maintenance
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 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.
-1�
Con'tra' Costa County Standard Farm 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 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 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.
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Contra Costa County Standard Farm 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 Begulations 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
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 Interest. Contractor, its officers, partners, associates, agents,
and employees, shall not mane, 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 ?rept 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.
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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,
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. 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 $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 insurancd 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 changes of the above specified coverage.
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:ontra Costa County Standard Form 1/87
GENERAL CONDITIONS
(Purchase of Services)
213. Notices. All notices provided for by this Contract shall be in writing and may
be delivered by deposit in the Ignited States mail, postage prepaid. Notices to the County
shall he addressed to the head of the County Department for which this Contract is rade.
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. Primacyof 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 of 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 Section 287), 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 1037.6, 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 ir. 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.
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Contra- Costa County Standard Fora; 1/87
GENERAL CONDITIONS
(Purchase of Services)
26. Required Audit. If Contractor is funded by $25,000 or more in federal grant funds
in any fiscal. year from any source, Contractor shall provide to County at Contractor's
ex,oense an audit conforming to the recn:irements set forth in the most current version of
office of Management and Budget Circular A®133. If Contractor is funded by $25,000 to
$100,000 in federal grant funds in any fiscal year from any source, Contractor shall arrange
for conduct of the federally--required audit biennially and shall submit the audit to County
in the time, form, and manner required by the most current version of office of Management
and Budget Circular A-133 and by County. If Contractor is funded by $100,000 or more in
federal grant funds in any fiscal year from any source, Contractor shall arrange for conduct
of the federally-required audit annual=ly and shall submit the audit to County in the time,
fora;, and _Wanner required by the most current version of office of Management and Budget
Circular A-133 and by County. Contractor is solely responsible for arranging for the conduct
of the audit, and for its cost, and County may withhold the estimated cost of the audit or
10 percent of the contract amount, whichever is larger, or the final payment, from Contractor
until County receives the audit from Contractor.
27. Endorsements. Contractor shall not in its capacity as a contractor with Contra
Costa County publicly endorse or appose the use of any particular brand name or commercial
product without the prior approval of the Board of Supervisors. In its County 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 Board of
Supervisors. In its County 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 Contra Costa County. Notwithstanding the foregoing,
Contractor may express its views on products to other contractors, the Board of Supervisors,
County officers, or others who may be authorized by the Board of Supervisors or by law to
receive such views.
Escrow Agreement Between Contra Costa County and
Budgeting Technology, Inc.
This Agreement is entered into by and between Budgeting Technology, Inc., a Maryland
Corporation ("BT"), and Contra Costa County ("CUSTOMER")who agrees as follows:
For the purposes of this Agreement, the term"Program Code"or "the System?"or"Core
Software"shall mean the latest version of BRASS (Budget Reporting and Analysis Support
System)software then in existence.
CUSTOMER shall have the right to receive the BRASS System Source Code (i.e., un-compiled
source code)for the Core Software and any modifications upon execution of this Agreement.
Source Code will be provided by BT in a sealed envelope that can be opened under certain
circumstances. The envelope may be opened by the CUSTOMER in the event BT and/or its
successors cease operations or fail to comply with the terms of the Software Maintenance
Agreement with the County. Source Code including Core Software and any modifications that is
held in escrow will be updated periodically by BT whenever there is a major release of new
software; minor releases will not be updated. Source code cannot be used by the CUSTOMER in
lieu of maintaining a Software Maintenance Agreement with BT and/or its successors.
Agreed to: (date) j
For BT: d�'
Signature and date
Printed Name and Title
For CUSTOMER a2- 2
� l
Signature and ate
AW4 Y
Printed Name and Title
Admincontra costa escrow agreement