HomeMy WebLinkAboutMINUTES - 06272000 - C88-C94 Cr♦ �+Zi
T0: BOARD OF SUPERVISORS Contra
,:ROM: Steven A. Steinbrecher, CIO DoIT Costa
:.
DATE: May 26, 2000 County
SUBJECT: Consulting Services with Digiterra Inc.
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I. RECOMMENDED ACTION:
Approve and authorize the Chair of the Board of Supervisors to execute
an agreement amendment with Digiterra Inc. extending the termination
date of June 30, 2000 to December 31, 2000.
II. FINANCIAL IMPACT:
None. Funding is already approved.
III. REASON FOR RECOMMENDATION AND BACKGROUND:
Provide functional consulting resources to assist the Auditor's payroll
technicians in reorganizing their internal procedures to take advantage of
the Peoplesoft system; evaluate the County's current use of the
Peoplesoft system and make recommendations for changes that can be
made to take advantage of new functionality in the next release of
Peoplesoft; to assist Human resources Benefits in the implementation of
the Domestic Partner program.
CONTINUED ON ATTACHMENT; YES SIGNATURE:
tf-RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTE
APPROVE OTHER
SIGNATURE 5:
ACTION OF BOARD N 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.
cc: Information Technology -All Copies ATTESTED aC -" e 4
PHIL BATCHELOR,CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
M392 0018)
BY I YY t G�,.x� ,DEPUTY
Contra Costa County Number:
Standard Form 1/87 CONTRACT AMENDMENT AGREEMENT Fund: 1695
(Purchase of Services) Account: 2310
1. identification of Contract to be Amended.
Number:
Effective Cate: November 8, 1999 through June 30,2000
Department: CAO/Department of information Technology
Subject: Consulting Services
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: DigiTerra Inc.
Capacity: Corporation Taxpayer ID#84-1539041
Address: 1800 Sutter Street,Suite 770
Concord,Ca. 94520
3. Amendment Date. The effective date of this Contract Amendment Agreement is July 1,2000
4. Amendment Specifications. The Contract identified above is hereby amended as set forth in the "Amendment Specifications" attached
hereto which are incorporated herein by reference.
5. Slanatures. These signatures attest the parties'agreement hereto:
COUNTY OF CONTRA COSTA CALIFORNIA
BOARD OF SUPERVISORS Attest:Phil Batchelor,Clerk of the
Board Supervisors and County Administrator
By: By: fT-? ..,�
i n/Designee Deputy
CONTRACTOR
B _
(Designate official b siness capacity A.) (Designate official business capacity .
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 See, 1190.1 and Corporations Code Sec.313). All
signatures must be acknowledged as set forth on page two.
Contra Costa County Standard Form(Rev. 1155)
Number
APPROVALS/ACKNOWLEDGEMENT
APPROVALS
RECOMMENDED BY DEPARTMENT FORM APPROVED
COUNTY COUNSEL
By: By: ljza f �•,
APPROVED: COUNTY ADMINISTRATOR
By:
De gnee
ACKNOWLEDGEMENT
STATE OF CALIFORNIA )
)ss.
COUNTY OF CONTRA COSTA )
On -tAdt (�r ,before me - t � + dd{i c (insert name and title of the officer),
personnally appeared- LA Wer` t),'CJM ee
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 hetshe/they executed the same in his/her/their authorized capacity(les),and that by his/her/their
signatures)on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument.
JAY A.VSKS
C.Ax rmnNmicn#-110-34 1-8
q& NotaWITNESS MY HAND AND OFFICIAL SEAL. k 0%x4y
Mv Comm,E.xpft Jun 27,
(Seal)
ACKNOWLEDGEMENT(by Corporation,Partnership,or Individual)
(Civil Code 6 1185)
AMENDMENT SPECIFICATION
dumber
in consideration for Contractor's willingness to continue to provide consulting services,County agrees to extend the termination date from June 30,
2000 to December 31,2000. County and Contractor agree,therefore,to amend the Contract identified herein as set forth below while all others
parts of the Contract remain unchanged and in full force and effect.
1. Extend termination date from June 30,2000 to December 31,2000.
2. Name change from Ciber to Digiterra
Initials: 6 C
Contractor County Dept,
Tro: BOARD OF SUPERVISORS
FROM: Gary T. Yancey,District Attorney Contra
DATE: June 15 2000Costa
aCounty
SUBJECT: Purchase Order Contract-Recall Total Information Management
SPECIFIC REQUEST(S)OR RECOMMENDATIONS✓1<BACKGROUND AND JUSTIFICATION
RRc,OMMENDATI.ONS:
Approve and authorize the Purchasing Services Manager to increase the District Attorney's existing purchase order
contract with Recall Total Information Management from $ 25,000 to $ 77,000 for file storage and management costs.
FINANCIAL IMPACL
None. There are sufficient funds within the District Attorney's 1999/2000 budget to pay for the costs of needed file
storage and management.
REASQNSFQR RFC'OTviTvENDAIMN/RACMROUND:
The District Attorney's Office is uses an off-site facility to store and maintain files beyond the current fiscal year.
Current fiscal year costs have exceeded the existing purchase order amount and outstanding bills need to be paid.
CONSEQ TFNCES OF N GA IVE ACTION:
Failure to approve this request would result in non-payment of current and past invoices due to the vendor.
.-
CONTINUED ON ATTACHMENT: SIGNATURE:
Z , EECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
PPROVE OTHER
SIGNATURE(S):
ACTION OF BOA N Yi Ca 4 APPROVED AS RECOMMENDED _X 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.
Contact: Renese Goldstein, 6-4534 ATTESTED It t %"Or— • a `7, - C'6
cc: CAO-Justice, Attn: George Roemer PHIL BATCHELOR,CLERK OF THE BOARD OF
District Attorney, Attn: Ren6e Goldstein SUPERVISORS AND COUNTY ADMINISTRATOR
Auditor-Controller
GSD-Purchasing, Attn, Kevin Berenson
sy-la2. DEPUTY
TO: BOARD OF SUPERVISORS �UA
FROM: Phil Batchelor, County Administrator
Contra
DATE:
June 27, 2040
COsTa
*.
SUBJECT: Contract with Robert D. Peterson uountyLaw Corporation for Legal Defense Services
SPECIFIC REQUEST(S)OR RECOMMENDATION($)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
APPROVE and AUTHORIZE Chief Assistant County Administrator (Acting Risk Manager) to
execute a contract with Robert D. Peterson Law Corporation for legal defense services from
June 16, 2000 through June 15, 2001 in the amount of$50,000.
FINANCIAL IMPACT:
Costs for legal defense services are funded through the Self-Insurance Trust Funds.
BACKGROUNDIREASONS FOR RECOMMENDATION:
This contract is necessary for provision of specialized legal counsel to assist the County with
management of legal defense involving OSHA and Cal-OSHA.
CONTINUED ON ATTACHMENT: YDS SIGNATURE: ' `G✓ (
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
,'---APPROVE OTHER
r
SIGNATURE(S): ,-
ACTION OF BOAR O C A -7r _ cA cc 0 APPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE
AND CORRECT COPY OF AN ACTION TAKEN
AND ENTERED ON THE MINUTES OF THE BOARD
`}(.. UNANIMOUS (ABSENT ) OF SUPERVISORS ON THE DATE SHOWN.
AYES: NOES:
ABSENT: ABSTAIN:
ATTESTED UC.,t. Yr'e rta2 �f c�00 tJ
PHIL BATCHELOR,CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
Contact: Scott Tandy—335-1087
cc: CAO Risk Management
Auditor-Controller
BY DEPUTY
TO: BOARD OF SUPERVISORS
� . Contra
FROM: Steven A. Steinbrecher, CIC) DoIT •f/� Costa
DATE: June 9, 2000 County
t
SUBJECT: Consulting Services with Acuent Corporation
SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION
1. RECOMMENDED ACTION:
Approve and authorize the Chair of the Board of Supervisors to approve
the attached contract with Acuent Corporation effective October 1, 1999
through December 31, 2000 for a comprehensive flow process
assessment, training, and the upgrade of the PeopleSoft Human
Resources Payroll application, from release level 6.0.2 to 7.5.0.
II. FINANCIAL IMPACT:
Cost is $1,490,275.00. This is a fixed price, fixed term contract.
Budgeted.
III. REASON FOR RECOMMENDATION AND BACKGROUND:
The County is required by contract to remain within two release levels
(approximately two years) of PeopleSoft's most current software release in
order to maintain our software support coverage. Additionally, release
level 7.5 of the PeopleSoft product will allow the County to re-align its
payroll process to a more standardized version within the actual software
application. This upgrade also is intended to implement the "Benefits
Administration" module of the Human Resources application, which was
scheduled in the original plan for this time frame in the project.
CONTINUED ON ATTACHMENT: __X_YES SIGNATURE: a6o,
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURES:
ACTION OF BOARD ON ` b APPROVED AS RECOMMENDED .. _ OTHER
VOTE OF SUPERVISORS ,
I HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS(ABSENT _ _ o 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: Dept of Information Technology ATTESTED- Q: "- a*% go o
(all copies) PHIL BATCHELOR,CLERK OF THE BOARD OF
140 SUPERVISORS AND COUNTY ADMINISTRATOR
M082 (10188) BY • r I ,DEPUTY
Contra Costa County implemented the PeopleSoft Human Resources-
Payroll application during 1997 and 2998 in order to replace a 30 year
old, non-year 2000 compliant payroll and Human Resources software
application. At the time the system was implemented, the County signed
a contract with the application software vendor, PeopleSoft,
understanding we would have to perform an application upgrade about
every two years, in order to maintain our software support. This
requirement is fairly standard in the software industry for commercially
available software packages. In addition, the County realized due to the
complexity of the Human Resources and Payroll applications, it would
have to implement the system first, use it for a few years, then make
changes to the original implementation plan, in order to better utilized
our business processes and the application. This upgrade process
completes that task.
This contract provides for a comprehensive assessment of current flow
processes, policies and procedures for the Human Resources and Payroll
system, acquiring the application software upgrade, modifying and
testing the software, and 450 hours of additional training for County
staff on system changes. Additionally, the system will provide a
customized interface to the County's Retirement application to insure
timely and accurate transfer of payroll information.
CONTRA COSTA COUNTY
EQUIPMENT, SOFTWARE & SERVICES
PROCUREMENT AGREEMENT
REVISED June 1999
Page I
CCC DoMAdmin\Phurl
CONTRA COSTA COUNTY
EQUIPMENT,SOFTWARE & SERVICES PROCUREMENT AGREEMENT
Name of Project:P'eopleSoft Upgrade to 7.5 contract No:
Contractor:Acuent Effective Date:
This Agreement is entered into by and between the Contra Costa County and the above named Contractor,and is effective as of
the date given above.
A. Contractor will provide the County with the Services and Products described in Exhibit A and B in accordance with the
Project milestones contained in Exhibit C,as such exhibits may be modified as provided herein.The Project will be evaluated
and accepted by the County pursuant to the tests,procedures,and criteria set forth in Exhibit D.
B.The attached Terms and Conditions are incorporated into and made a part of this Agreement.
C.The following provisions shall apply to the attached Tam and Conditions:
(1)Authorized Representatives(Section 4.2,6.2,6.3):
For Contractor:Tom Garvin Telephone:973-402-7802
For County:Ron Saari Telephone:925-313-1248
(2)Addresses and Fax Numbers for Notices(Section 20.0):
County: Contractor:
Contra Costa County,Attn:Ron Saari Acuent
30 Douglas Drive 199 Cherry Hill Road
Martinez,CA 94553 Parsippany,New Jersey 07054
Fax: 925-313-1459 Fax:973-316-0181
(3)Not to Exceed Price(Section 3.1):$1,340,275
(4)Reserve Amount for Minor Changes(Section 6.3):S
(5)Minimum Amount for Minor Changes(Section 6.3):S
(6)Liquidated Damages for Unexcused Delay(Secdon 13.1)S per_***
As the total value of this services agreement is S953,600(Phase 2-4 portion,Phase 1 work completed to date
Wage 2
CCC DoiTlAdmin\Phurl
equals$386,675)„a tea(10)per cent delay penalty($",360)for each 30-slay shall be paid County by
Contractor,up to a period of"days,or a total penalty not to exceed 8386,080.
(7)Contractor Fedail M# 22-2422137
Page 3
CCC DoITlAdmin\Phurl
"COUNTY"
CONTRA COSTA COUNTY "CONTRACTOR"
By: By:
Chairperson,Board o ervisors (Designate Official Bus'4 Capacity A)
Date: 4121U By: L4� r -^
SP,CQ�''fA�l
Attest: Clerk,Board of Supervisors (Designate Oficial Business Capacity B)
Note to Contractor:For corporations(Profit or non-profit),the Agreement must be signed by two officers. Signature
A must be that of the President or N icee-President and Signature B must be that of the Secretary or Assistant
Secretary (Civil Code Sec. 1190.1 and Corporation Code Sec. 313). All signatures must be acknowledged as set
forth on following page.
Page 4
CCC DoIT\Admin\Phurl
ACKNOWLEDGMENT
STATE OF CALIFORNIA)
COUNTY OF CONTRA COSTA)
On : ►,1nk. tJ .before me,
(Tom Garvin,Vice President),personally appeared
W�kno" (or proved to me on the basis of satisfactory evidences) to be the person(s) whose name(s) is/are
sinstrument and acknowledged to me that he/she, they executed the same in his/her, their authorized
capacity(ies),and that his/herhheir 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
n re eal)
AGROW E
Attomey at UN
Stas of Now J
Acknowledgment(by Corporation,Partnership or Individual)
Civil Code Sec. 1189
Page 5
CCC doMAdmin\Phurl
CONTRA COSTA COUNTY
EQUIPMENT,SOFTWARE,AND SERVICES PROCUREMENT AGREEMENT
TERMS AND CONDITIONS
1.0 DEFINITIONS
1.1 The following general definitions shall apply for the purposes of this Agreement:
"Agreement"shall mean this agreement.
"Business Day"shall mean Monday through Friday,excluding holidays observed by the County.
"Confidential Information"shall have the meaning set forth in Section 7.1.
"Contractor"shall mean the person or entity identified as Contractor on the first page of this Agreement.
"County"shall mean the Contra Costa County.
"First Productive Use"shall mean that point in time which County processes"live"customer data with any
functional portion,or total function,of"named"software.
"Four Digit Year Format"shall mean a format that allows entry or processing of a four-digit-year date,where the
first two digits will designate the century and the second two digits will designate the year within the century.
'Disclosing Party'shall have the meaning set forth in Section 7.5.
"Documentation"shall have the meaning set forth in Section 8.4.
"Leap Year"shall mean the year during which an extra day is added to February(February 29).Leap Year occurs in
all years evenly divisible by the number four(4),except that a year that is divisible by 100 is not a Leap Year,unless
it is also divisible by 400.
"Maintenance"shall mean the providing of technical information,assistance,error correction,repair services,and
repair parts in the manner specified in Exhibit F.
"Minor Changes"shall have the meaning set forth in Section 6.3.
"Products"shall mean the equipment and software listed in Exhibit B and all other equipment and software to be
provided by Contractor pursuant to this Agreement.
"Project"shall mean the task(s)described in Exhibit A
"Receiving Party"shall have the meaning set forth in Section 7.5.
"Section"shall mean a section of this Agreement.
"Services"shall mean all labor to be provided by Contractor or its subcontractors pursuant to this Agreement.
"Year 2000 Compliant"shall mean dates outside the range of 1900-1998,including the years 1999,2000 and
thereafter,encountered and/or processed by the software/firmware/hardware/equipment/system will be correctly
recognized,calculated,sorted,stored,displayed and/or otherwise processed in any level of computer hardware or
Page 6
CCC DoMAdmin\Phurl
software,including,but not limited to,microcode,firmware,application programs,system software,utilities,files,
databases and network infrastructure devices.
1.2 Exhibit A hereto contains additional definitions of technical terms to used with this Agreement and its exhibits.
2.0 EXHIBITS
The following Exhibits hereto are incorporated into and made a part of this Agreement:
Exhibit A Statement of Work
Exhibit C Project Milestones and Special Payment Provisions
Exhibit E Indemnification and Insurance Provisions
3.0 PRICING AND PAYMENT"
3.1 The County will pay Contractor for the Services and the Products in accordance with the pricing set forth in item
C(3)of this Agreement,except as otherwise provided in this Agreement.
3.2 Except as otherwise provided in this Agreement, Contractor will invoice the County and will be paid in
accordance with the provisions of Exhibit C(3)of page 1 hereof.
3.3 All invoices from Contractor will be in a format approved in advance by the County.
3.4 Invoices are payable within 30 days after receipt.
3.5 If this Agreement is designated as a not to exceed price contract in item C(3)of page 1 hereof, such price shall
include all sales,use,and value-added taxes,freight charges,insurance,licenses,and any other charges related to the
sale or licensing of the Products and the providing of the Services to the County; the total amount invoiced to the
County for the Project shall not exceed the amount set forth in item C(3) on page I hereof, unless changes are
approved pursuant to Section 6.0.
3.6 Should the County require additional Products for the Project,they will be provided under the pricing structure
set forth in Exhibit B and shall be considered changes pursuant to Section 6.0.
4.0 PERSONNEL AND SUBCONT'RACT'ORS
4.1 Contractor shall provide qualified personnel to supply the Services for the Project.
4.2 The authorized Representative of Contractor designated on page I of this Agreement shall be the County's
normal point of contact at Contractor on matters related to Contractor's performance of the Services hereunder.
Likewise, the County has designated its Authorized Representative who will be the normal point of contact at the
County for Contractor concerning the County's duties and responsibilities hereunder and any interpretation or
proposed modification of this Agreement.The Authorized Representatives for a party may be changed upon written
notice from the party changing the Authorized Representative to the other party. Upon written request by the
County,Contractor will replace Contractor's Authorized Representative.
4.3 Contractor may use the subcontractors designated in Exhibit A to perform that portion of the Services designated
therein for such subcontractors. If Contractor proposes to use any additional or different subcontractors on the
Project, it must receive the County's advance written consent,which will not be unreasonably withheld or delayed.
Page 7
CCC DoMAdminThur!
4.4 Contractor acknowledges that it will be responsible for the performance or non-performance by its
subcontractors of the tasks set forth in this Agreement. Contractor shall contractually require all subcontractors
performing work on the Project to abide by the following provisions of this Agreement: Sections 4.5, 4.6,4.7,4.8,
4.9,5.3,5.4,7.0, 11.0, 17.1, 18.2, 19.0,and 21.1.
4.5 Contractor agrees that the Contractor and subcontractor employees designated as key personnel in Exhibit A will
be assigned to the Project and will be available as necessary to meet the milestones in Exhibit C.Contractor shall not
withdraw or replace such key personnel, and will contractually prohibit its subcontractors from withdrawing or
replacing their key personnel, without the prior written consent of the County, except for the termination of
employment,illness,death,disability,or other similar personal reasons.
4.6 Immediately upon receipt of written notice from the County that any Contractor employee, or employee of a
subcontractor to Contractor,is not performing work on the Project in a satisfactory manner,Contractor will remove
such employee and,within a reasonable period of time,replace such employee with a qualified employee.
4.7 Contractor and its employees,subcontractors,and subcontractors'employees,are not and shall not be deemed to
be, employees of the County. Contractor and its subcontractors will be solely responsible for the payment of their
respective employees' compensation, including employee taxes, workers' compensation, and any similar taxes
associated with their employment.
4.8 This Agreement shall not create any partnership or joint venture between the parties.Nothing contained in this
Agreement shall constitute either party as the agent or legal representative of the other for any purpose.No provision -
of this Agreement grants either party any express or implied right of authority to assume or create any obligation or
responsibility on behalf of or in the name of the other party, or to bind the other panty in any manner or thing
whatsoever.
4.9 Neither party will, directly or indirectly, solicit or offer employment to any employee of the other party during
the work on the Project by said employee and for one year thereafter.
5.0 ASSISTANCE FROM COUNTY;RULES OF ACCESS AND CHANGE
MANAGEMENT
5.1 The County will be providing the level of assistance on the Project as indicated in Exhibit A.
5.2 While on County's premises in connection with the performance of this Agreement, Contractor personnel will
comply with the County's applicable rules with respect to security, conduct and other matters concerning access to
County's premises. Such rules may require in some cases background checks and escorts for Contractor and
subcontractor personnel. On notice from the County, Contractor will remove immediately any of its personnel
assigned to perform work under this Agreement who do not comply with such rules.
5.3 Unless otherwise requested in writing by the County, that portion of the Project work to be done on County
premises by Contractor and its subcontractors will be performed between the hours of 7 a.m.and 6 p.m. on Business
Days.
5.4 In performing its duties for the Project, Contractor will comply with the County's standard requirements with
respect to technical and operational change management. It is understood by Contractor that changing the County's
computers, in particular its mainframes, requires advance notice and compliance with established County
procedures.All changes will be made in accordance with Section 6.
5.5 County and contractor shall fully cooperate. Contractor is fully relying upon County to provide resources in a
timely manner reasonably needed by Contractor to perform, such as, without limitation, information, access to
personnel, appropriate hardware, firmware and software products licensed from third parties. The level of
involvement of County resources shall not be suddenly and unexpectedly reduced without first notifying Contractor.
In such event, the schedule of milestones shall be extended by mutual agreement for any unanticipated reduction of
Page 8
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County resources.
6.0 CHANGES
6.1 The parties acknowledge that additions, deletions, and modifications to the Products and Services specified
under this Agreement may be required in the manner set forth in this Section.
6.2 No such change, whether major or minor, shall be binding, and Contractor shall not proceed with any change,
unless the change is confirmed in writing and formally executed by the Authorized Representatives of both
Contractor and the County as set forth on page 1 of this Agreement.
6.3 Minor Changes may be made by the mutual written agreement of the Authorized Representatives of Contractor
and the County without the necessity of a formal proposal and estimates. Minor Changes are those having a price
less than the maximum amount for Minor Changes as specified in item C(5)of page 1 of this Agreement,generally
involve the adding of Products or Services which were not included in Exhibits A or B, and require immediate
implementation to ensure that the Project is not delayed. Minor Changes will be funded from a pool reserve in the
amount specified in item C(4)of page 1 of this Agreement.Chace that fund is depleted,this Minor Change procedure
will no longer be available. If the reserve is not entirely depleted during the Project, the balance- will, at the
County's option following completion or termination of the Project, either be credited to other work Contractor is
performing for the County or be returned to the County.
6.4 For any change which does not qualify as a Minor Change,the party seeking the change shall inform the other in
writing of the details of the contemplated change and any requested terms concerning the change. For a change of
this type requested by Contractor and involving additional or deleted Services, Contractor shall include a written
proposal containing the cost of the additional or deleted Services involved in the change, and any impacts upon
price,delivery schedule,or other terms.For a change of this type requested by the County,Contractor shall respond
with such a proposal within five Business Days after receipt of a written request for the change. Changes involving
only the addition or deletion of Products can be made pursuant to the provisions of Section 6.2 without the necessity
of a formal proposal and shall result in an adjustment of the Project price in item C(3)of page 1 hereof according to
the pricing set forth in Exhibits B and C.
7.0 CONFIDENTIAL INFORMATION
7.1 Contractor acknowledges that in the course of performing work on the Project, it and its subcontractors may be
exposed to certain Confidential Information, including without limitation medical records, employment records,
secret passwords to County computer systems,methods of accessing County computers and data,County personnel
data,payroll data, County proprietary software, records and data which are not available to the general public, and
documents marked "Confidential" or "Proprietary", Other categories of documents considered Confidential
Information by the County shall be specified to Contractor in writing.
7.2 The County acknowledges that Contractor may be disclosing Confidential Information to the County in the
course of performance of the Project,including documents marked"Confidential"or"Proprietary,"provided that the
County agrees prior to disclosure that such information is Confidential Information. Such agreement will not be
unreasonably withheld.
7.3 Information of a proprietary nature which is disclosed orally to a party hereto shall not be treated as Confidential
Information unless it is stated at the time of such oral disclosure that such information is Confidential Information
and such information is reduced to writing and confirmed as Confidential Information to the Receiving Party (as
defined below)within 30 days after the oral disclosure.
7.4 Confidential Information does not include(a) information which the party hereto receiving the information(the
'Receiving Party")can prove was known to it at the time of receipt from the party hereto disclosing(the "Disclosing
Party") that information to the Receiving Party, (b) information lawfully received by the Receiving Party from a
third party that is not under an obligation of confidentiality with respect to such information, (c) information which
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becomes known to the public other than by a disclosure prohibited by this Agreement,or(d) information which the
Receiving Party can prove was independently developed by it without assistance from access to Confidential
Information.
7.5 The Receiving Party shall use Confidential Information solely for the purposes of the Project and may disclose
Confidential Information to others only upon the advance written consent of the Disclosing Party.The Receiving
Party shall protect Confidential Information with the same degree of care that it regularly employs to safeguard its
own confidential information of like nature from unauthorized disclosure but no less than a reasonable degree of
care.If the Receiving Party is required by a governmental agency,court or other quasi-judicial or other regulatory
body to disclose Confidential Information received under this Agreement,the Receiving Party shall not be liable for
such disclosure provided that the Receiving Party shall,as promptly as reasonably possible,give notice to the
Disclosing Party of the requirement to disclose such Confidential Information in order that the Disclosing Party may
contest the requirement that Recipient disclose such Confidential Information.Except as provided in Section 8.0 and
except as required by law,no other disclosure of Confidential Information is authorized under this Agreement.
7.6 Except for Confidential Information contained in documentation prepared for the County by Contractor or its
subcontractors hereunder, upon request by the Disclosing Party, the Receiving Party shall return Confidential
Information to the Disclosing Party,along with all copies and notes made therefrom.
8.0 RIGHTS IN SOFTWARE AND DOCUMENTATION
8.1 All software from third parties to be provided by Contractor hereunder will be licensed to the County pursuant to
the terms and conditions of the license agreements provided by the publishers of such software.
8.2 Custom software,if any,developed for the County hereunder will be subject to the requirements in Exhibit A.
8.3 With respect to software routines, programs, scripts, or diagrams or schematics written or formulated by
Contractor or its subcontractors hereunder, Contractor will designate any third-party software tools (e.g.,compilers
or CAD programs)that were used in the development of such software,diagrams,or schematics.It is the preference
of the County that non-proprietary tools be used for the development of such software,diagrams,or schematics,but
if proprietary software tools must be used,then Contractor must provide the County with an object-code version, as
well as available documentation on the use of such tools. The County may use such proprietary tools solely for the
purpose of maintaining and modifying the software,diagrams,or schematics written or formulated by Contractor or
its subcontractors for the Project.
8.4 All documentation required to be developed for the County pursuant to Exhibit A("Documentation')will not be
based on Contractor Confidential Information,unless there is a compelling need and the County agrees in writing.
The County shall own all such Documentation delivered hereunder except for (a) Documentation Contractor can
demonstrate was previously developed by or for Contractor and is not in the public domain; or(b) Documentation
identified in writing by Contractor and proved to the County's reasonable satisfaction as being developed solely with
Contractor resources.
8.5 With respect to Documentation which is deemed to belong to Contractor in accordance with Section 8.4,
Contractor grants the County a non-exclusive, royalty-free license to use and copy any such Documentation for its
own internal use.The County shall have the right to disclose such Documentation to successor vendors,contractors,
or computer hardware or software maintenance organizations,provided such entities (a)have a need to know such
information for the purposes of modifying, maintaining, or enhancing the County's equipment or software, and(b)
agree not to use such information except with respect to work for the County. Such Documentation will not
otherwise be disclosed outside County government without the advance written consent of Contractor, which shall
not be unreasonably withheld or delayed.
Page 10
CCC DoIrAdmin\Phurl
9.0 RISK OF LOSS
Risk of loss or damage for the Products shall pass to the County when the Project is accepted by the County
pursuant to the provisions of Exhibit D.
10.0 INFRINGEMENT PROTECTION
10.1 The County shall seek any and all redress for infringement against the manufacturer of the Software Product
which was provided to Contractor as the basis for its consulting services (see RFP and Contractor's proposal,
attached hereto)by County,to perform the services requested in this Agreement.The Contractor relied in good faith
on the warranties and representations of the manufacturer of the Software Product that its produce was non-
infringing as well as the warrantees and representations of the County that its information was non-infringing. All
royalties or other charges for any patent, copyright,trademark,trade secret, or other proprietary right to be used in
the Project shall be considered as included in the price for the Project.Contractor shall defend, indemnify,and hold
the County harmless against any and all liabilities,judgments, costs, damages, and expenses including reasonable
attorney's fees resulting from a claim or suit against the County for alleged infringement of any patent, copyright,
trademark,trade secret,royalty or license agreement,or other proprietary right arising out of the use by the County
of the Products or Documentation for the purposes intended hereunder.As a condition of such indemnification,the
County shall promptly inform Contractor of any such claim or suit, allow Contractor or its suppliers to control the
defense against such suit,and cooperate,at Contractor's expense,in the defense against such suit,provided however,
that in no event shall Contractor make any admission of guilt or liability on behalf of County without County's prior
written consent.
11.0 INDEMNIIFICATION AND INSURANCE
Contractor shall comply with, and require its subcontractors to comply with, the terms and conditions of Exhibit E
related to indemnity and insurance.
12.0 WARRANTIES AND MAINTENANCE
12.1 Contractor represents and warrants to the County,that at the time of installation,the software Products will be
free of programming that is intentionally and specifically constructed for the purpose of destroying, interrupting,or
otherwise adversely affecting the software Product's code or other code or data in a computer,such as by replicating
itself or another program many times without any useful purpose.
12.2 Contractor warrants to the County that the Services to be performed by it and its subcontractors hereunder(a)
will be performed in a competent manner by qualified personnel in conformance with industry standards, and (b)
will conform to the performance and acceptance criteria set forth in Exhibit D.This warranty shall remain in effect
during the time the Project is being worked on by Contractor and shall continue in force until 180 days after final
acceptance of the Project. In order to qualify for remedial action under this warranty, the County must report a
warranty failure to Contractor in writing within the warranty period.Contractor shall not be responsible for remedial
action under this warranty to the extent the failure to meet the warranty is caused by modification to the Products by
the County or anyone other than Contractor or its subcontractors, unless under Contractor's or its subcontractors'
direction.
12.3 Contractor will use commercially reasonable efforts to correct the failure,provided the County makes available
to Contractor information concerning the failure. If Contractor is unable,by using reasonable efforts, to correct the
failure within a reasonable period of time,Contractor will refund to the County an equitable portion of the amounts
paid by the County based on the proportion of the Project affected by the failure and the severity of the failure with
respect to the objectives of the Project.
Page I1
CCC DoMAdmin\Phurl
12.11 NO OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT
LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
WILL APPLY.
13.0 DELAYS ***
13.1 Contractor acknowledges that, should completion of the Project be delayed beyond the date for
attainment of the final milestone stated In Exhibit C,the County will suffer damages equal to the amount set
forth in item C(6) of page I of this Agreement, and outlined below. Accordingly, except to the extent such
delay is excused under Section 13.2,Contractor shall pay to the County the amount of damages set forth in
Item C(6)for delay of attainment of such final milestone.
As the total value of this services agreement is$953,600 a ten(10)per cent delay penalty($95,360)for each
30-day shall be paid County by Contractor, up to a period of 90 days, or a total penalty not to exceed
$286,080.
13.2 Except for the failure to make payments when due,neither party will be liable to the other party by reason of
any failure in performance of this Agreement if the failure arises out of acts of God, acts of the other parry, acts of
non-County governmental authority, fares, strikes, delays in transportation, riots or war, or any cause beyond the
reasonable control of that party.If any such event delays performance,the time allowed for such performance will
be extended an amount of time equal to the period of such delay.
13.3 If performance under this Agreement is postponed or extended pursuant to Section 13.2 for longer than 90 days
for a reason other than the acts of the County,then the County may,upon written notice to Contractor given during
the postponement or extension,terminate this Agreement.In such case, Contractor shall be paid in accordance with
Section 16.2.
14.0 TERMINATION FOR CONVENIENCE
14.1 The County may terminate this Agreement for convenience by providing Contractor 30 days advance written
notice of such termination. Such notice may direct Contractor to stop work immediately on some portion or all of
the Project and may direct Contractor to continue work until the termination date on other portions of the Project.
14.2 In the event of termination under this Section 14.0, the County's total payment to Contractor shall be
determined in accordance with Section 16.2.
15.0 TERMINATION FOR CAUSE
15.1 It is expressly agreed that this Agreement shall be fully discharged only by the completion of all work and
obligations contracted for,or with the written consent of the County,or upon mutual agreement of the parties.
15.2 If Contractor fails to begin work on the Project in a timely manner,fails to meet a milestone in Exhibit C by 15
or more days,or fails to carry out or breaches its obligations hereunder(and such failure or breach is not excused by
Section 13.2), the County may terminate this Agreement by giving written notice of intent to terminate to
Contractor. If Contractor has not completely cured its breach within 30 days of the receipt of such notice, then the
County may terminate this Agreement upon the delivery of a written notice of termination to Contractor.
15.3 In the event of termination under this Section, the County may, at its option, return any or all copies of
Documentation to Contractor which was the subject of the breach. The County's total payment to Contractor
subsequent to termination shall be determined in accordance with Sections 16.2 and 16.3.
16.0 EFFECT OF TERMINATION
16.1 After receipt of notice of termination, Contractor shall (a) comply with the instructions of the County with
Page 12
CCC Dol'Mdmin\Phurl
respect to stopping or continuing work until the termination date; (b) place no further orders or subcontracts for
Products or third-party Services, except as otherwise directed by the County; (c) terminate all orders for Products
and subcontracts to the extent they relate to the performance of work terminated by the notice of termination; (d)
return Products to their suppliers, if requested by the County and permitted by such suppliers, (e) deliver the
Documentation and any custom software to the County in the form it is then in and not subject to the delivery
acceptance criteria in Exhibit D, and (f) return to the County all County Confidential Information, along with all
copies and notes made therefrom and a certificate signed by Contractor's Authorized Representative evidencing
compliance with this provision.
16.2 After termination pursuant to Section 14.0 or 15.0,the County shall pay Contractor an amount equal to the sum
of the following, less any amounts previously paid to Contractor and any additional amounts which the County is
entitled to withhold pursuant to Section 16.3:
(a) The amount due Contractor for completion by Contractor of the latest Project milestone set forth on
Exhibit C,as such amount may be adjusted as provided herein due to the addition or deletion of Products or
Services.
(b)An amount for Contractor's and its subcontractors'labor utilized on the Project since completion of that
last completed milestone, billed at Contractor's and its subcontractors' rates as set forth in Exhibit B.
Contractor shall submit a claim for such amount and shall permit the County access to all backup
documents which relate to such claim. The County shall have the right to disallow from such claim any
unauthorized,excessive,or defective labor.
(c)The unpaid balance due for unreturned Products delivered to the County and fees for noncancellable(or
noncaneelled by the County) third-party Services authorized by the County prior to the effective date of
termination,to the extent such Products and Services are not covered by Section 16.2(a).
(d)The price to the County permitted under Exhibit B for Products in Contractor's possession which were
delivered to Contractor for the Project in the ordinary course of performance of this Agreement and which
are not returnable to the supplier(or which the County indicates in writing that it wants); any costs that
Contractor must pay due to Project cancellation as a result of loss of quantity discounts for Products used
solely in the Project.
16.3 If this Agreement is terminated for cause pursuant to Section 15.0, then the County shall be entitled to deduct
the following amounts from any monies to be paid Contractor pursuant to Section 16.2:
(a)A credit for Documentation returned to Contractor pursuant to Section 15.3,with such credit equal to the amount
paid to Contractor for such Documentation prior to termination.
(b)An amount equal to the direct damages the County can prove it suffered as a result of breach of this Agreement
by Contractor,such as the reasonable costs of having problems created by Contractor corrected by a third party.
16.4 Sections 7.0,8.0,9.0, 10.0, 11.0, 12.1, 12.3, 12.4, 17.0,and 18.1 shall survive termination of this Agreement.
17.0 LIMITATION OF LIABILITY
17.1 EXCEPT FOR THE COUNTY'S PAYMENT OBLIGATIONS HEREUNDER, THE COUNTY SHALL
HAVE NO LIABILITY TO CONTRACTOR OR ITS SUBCONTRACTOR'S FOR ANY BREACH OR
TERMINATION OF THIS AGREEMENT.
17.2 EXCEPT FOR WILLFUL AND INTENTIONAL ACTS, AND EXCEPT AS OTHERWISE PROVIDED IN
THIS AGREEMENT, NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES (EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), INCLUDING,BUT NOT LIMITED TO, LOST PROFITS OR SAVINGS,
Page 13
CCC DorRAdminThurl
LOSS OF USE OF SERVICES, COST OF CAPITAL, COST OF SUBS'T'ITU'T'E SERVICES, DOWNTIME
COSTS,OR DAMAGES AND EXPENSES ARISING OUT OF THIRD PARTY CLAIMS.
18.0 DISPUTES
18.1 Any dispute arising out of or relating to this Agreement,or breach thereof,shall be first submitted to the senior
management of each party for resolution. If the dispute cannot be resolved within 30 days after such matter is
referred to senior management, then the dispute shall be submitted to binding arbitration in Contra Costa County,
California in accordance with the Commercial Arbitration Rules of the American Arbitration Association("AAA")
then in effect and section 1283.05 of the California Code of Civil Procedure. All discovery must be concluded
within 60 days after the submission to arbitration.The decision of the arbitrator shall be final and may be entered as
judgment in any court of competent jurisdiction. The losing party, as determined by the arbitrator, shall pay the
administrative costs of arbitration. Each party shall bear the cost of its own attorneys'fees,except that the arbitrator
shall have the discretion in appropriate circumstances to require the losing party to pay all or a portion of the
prevailing party's reasonable attorneys'fees.
18.2 Except as provided in the Termination provisions herein,Contractor or its Subcontractors shall not stop work
on the Project,due to a dispute.
19.0 PUBLICITY
Prior to issuing any press release concerning the Project or otherwise making a public statement about the
Project,Contractor shall obtain the County`s written approval of the content of such press release or statement. Such
approval will not be unreasonably withheld or delayed. Contractor shall impose this same requirement on its
subcontractors.
20.0 NOTICES
Any notice under this Agreement will be in writing delivered by hand,by certified mail(return receipt requested),or
by other competent and reliable courier service(delivery receipt retained),to the other party at the address indicated
in item C(2) of page 1 of this Agreement or to such other address as may be substituted by notice. Notice will be
effective on the date of receipt.
21.0 NUN-APPROPRIATIONS OF FUNDS
In the event no funds or insufficient funds are appropriated and budgeted in any Fiscal Year for payments due under
this agreement for the then current or the succeeding Fiscal Year during the term aforesaid, this agreement shall
create no obligation on the County as to such current or succeeding fiscal year except as to the portions of payments
herein agreed upon for which funds shall have been appropriated and budgeted, and no right of action or damages
shall accrue to the benefit of Contractor, its successors or assigns,as to that portion of this agreement which may so
become unenforceable, except County agrees to peaceably surrender possession of the Program Product to
Contractor or its assignee. Contractor or the Agent or their assignees shall have all rights and remedies to take
possession of the Program Product.
22.0 GENERAL PROVISIONS
22.1 In the performance of duties hereunder,Contractor shall comply,and shall require its subcontractors to comply,
with all applicable federal,state,and local laws,rules,and regulations.
22.2 Neither party may assign this Agreement without the prior written consent of the other party, which consent
will not be unreasonably withheld; provided, however, that Contractor may assign this Agreement without consent
Page 14
CCC DorRAdmin\Phurl
to a successor in interest to all or substantially all of its stock or assets,provided such successor in interest assumes
all of Contractor's obligations under this Agreement.
22.3 if any part or paras of this Agreement are held to be invalid,the remaining parts of this Agreement will continue
to be valid and enforceable.
22.4 The headings in this Agreement are for reference purposes only; they will not affect the meaning or
Construction of the terms of this Agreement.
22.5 The provisions of this Agreement are for the sole benefit of the parties, and not for the benefit of any other
persons or legal entities.
22.5 This Agreement may be executed by the parties in one or more counterparts,each of which when so executed
shall be an original.All such counterparts shall constitute one and the same instrument.
22.7 Each of the parties to this Agreement represents and warrants that it has the power and authority to enter into
this Agreement and perform the action contemplated hereunder,and this Agreement has been duly authorized and is
the valid binding and enforceable obligation of such parties.
22.8 This Agreement, including its referenced exhibits, contains the complete and exclusive understanding of the
parties with respect to the subject matter hereof. Except for any terms or conditions of a Request for Quotes or
Request for Proposal that am included by reference in this Agreement, this Agreement supersedes and cancels the
terms and conditions contained in any previous Request for Quotes or Request for Proposals of the County, any
prior Contractor negotiations, proposals, or other submissions to the County by Contractor, and any prior oral or
written agreements or representations between County and Contractor concerning the Project.No waiver,alteration,
or modification of any of the provisions hereof will be binding unless in writing and signed by a duly authorized
representative of the party to be bound.Neither the course of conduct between the parties nor trade usage will act to
modify or alter the provisions of this Agreement.
22.9 This Agreement is entered into and to be performed in the State of California and shall be governed and
construed under the laws of the State of California.
Page 15
CCC DoMAdminThurl
' --)
EXHIBIT A
STATEMENT OF WORK
DRAFT
1. General DescrigUm of Prolect
This Project involves the upgrade of PeopleSoft Human Resource/Payroll Release
6 to Release 7.5 and the implementation of PeopleSoft Benefits Administration
Release 7.5. Acuent will provide implementation services to Contra Costa County
to accomplish the task outlined in the project plan in Exhibit C. Acuent and
Contra Costa County resources assigned, to this project are outlined in Exhibit C.
Acuent will expect cooperation and timely input from the Contra Costa County
team members and the Executive Steering Committee to ensure that the project is
completed within the timeframe outlined in Exhibit C.
2. Proirct Phases
Project phases will be completed in accordance with Contractor's proposal and
project plan, incorporated herein as Exhibit C.
3. Protect Control nd Schedule
Contractor will provide experienced management, administration, and support
staff to ensure successful completion of the Project. Contractor support shall
include the following functions and services:
a. Administrative Control
Contractor will maintain schedule, budget, and cost information
appropriate to the successful management of the contract on
program status and planned activities. This information includes an
ongoing analysis of cost and schedule variances.
b. Implementation Schedule
Contractor and the County shall perform their duties and
responsibilities hereunder in accordance with the schedule in
Exhibit C as modified by the Implementation Plan. Contractor and
the County acknowledge that prompt performance of all services
hereunder is required. Each party will use its best efforts to meet
such deadlines and shall give the other party prompt notice of any
anticipated delays in meeting such deadlines.
Page 16
CCC DoMAdmsn\Phurt
c. Reviews,Reports, and Meetings
During the term of the Project, Contractor will conduct a project
status review with the County approximately every two weeks or
as otherwise agreed. These reviews will include a discussion on the
status of the Project, including details on technical issues,
schedules, problems and potential problems, and recommended
solutions to such problems. In connection with such meetings,
Contractor will draft a report covering the foregoing topics and
give it to the County in advance of the meeting. In addition,
Contractor will attend such other technical and programming
meetings and produce such reports concerning the Project as
requested by the County.
4.TrWaing
Not applicable.
5. Additional Con Wu
Any consulting requested by the County, which is not covered by the Project, shall be provided
at the rates set forth in Exhibit C..
6.A,Sccept ce Testing
Not applicable.
Page 17
CCC NMAAdmin\Phurl
EXHIBIT C
PROJECT MILESTONES
AND SPECIAL PAYMENT PROVISIONS
Contra Costa County
PeopleSoft 6.0-7.5 Upgrade/Benefits Administration Implementation
STAGE 2—Upgnde&Integra den(16 weeks)
Gil Fregoso--Project Mgr. ;SA 76900
Prasad M"c-DBA 6da 12R(M
To-c-hniml—Th het de4pff nintA 56 11M
Tatal
STAGE 3—Tent Mkradoiv(4 weeks)
Gil Fregoso-Project Mgr. QA 12-17nn
Prasad Mahale-DBA
.CTAr.F 4—Drndurdtnn t^umuvr t2 wooks)
Gil Fregoso-Project Mgr.
Tntal 362 67-00
Page 18
CCC GoMAdminThurl
jj
Acuent Resource Summary
Resource Hours Cost
Gil Fre oso—Pro'ect Manu er 528 $105,600
Diana Wilstermann—Senior 880 $154,000
Functional
Supmiya Kumar—Functional 880 $154,000
Mark Kniskern—Senior 880 $154,000
Technical
Scott Mom--Technical 800 $1401000
Technical—To be determ758248
00 $70,000
Prasad Mahale-DBA80 $176.000
Total $953,600
Contra Costa County Resource Summary
Craig hoop(or full time equivalent)—Payroll— 100%project involvement
Bette Wilkinson(or full time equivalent)—Payroll-- 100%project involvement
Jean Soares(or full time equivalent)—Benefits - 100%project involvement
Vicki Silva(or full time equivalent)—Human Resources— 100%project involvement
Doris Stamps(or full time equivalent)—Technical— 100%project involvement
Helen Gregorio (or full time equivalent)--Technical-- 100%project involvement
Ming Ko (or 50%equivalent)—Database Administrator—50%project involvement
Executive Steering Committee—as needed to make project decisions
Page 19
CCC boMAdminThurf
EXHIBIT D
PERFORMANCE AND ACCEPTANCE CRITERIA
Not applicable.
Page 20
CCG doP AAdmin\Phurl
EMIIEIT E
INDEMNITY AND INSURANCE
CONTRA COSTA COUNTY
CONTRACTUAL TERMS AND CONDITIONS
Indemnity
The Contractor shall indemnify, defend, save and hold harmless the Contra Costa County
(hereinafter "County") its officers, agents 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.
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
if$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 use
thereof, arising form each occurrence. Such insurance should be endorsed to include the County
and its offices 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, the Contractor shall provide (a) current
certificate(s)of insurance.
Page 21
CCC DolMdminThurl
d. AAdditional 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.
SPECUL CONDITIONS
COUNTY AFFIRMATIVE ACTION REQUIREMENTS
The Contra Costa County Board of Supervisors has adopted a program to help and support
Minority Business Enterprises(MBE) and Women Business Enterprises(WBE) by providing
opportunities for participation in the performance of County financed Professional and Personal
Services`contracts or Consulting Service Agreements.
Page 22
CCC Dol l'\AdminThurl
'p Contra r
f' Costar
, .. County
TO: BOARD OF SUPERVISORS
FROM: Dennis M. Barry, AICP
Community Development Director
DATE: June 27, 2000
SUBJECT: CONTRACT WITH DAN BRENNER FOR CONTINUING GIS DATABASE AND MAPPING
SERVICES.
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
Authorize the Community Development Director or his designee to execute a contract with Dan
Brenner in the amount of$56,000.00 for GIS Database and Mapping Services for the period
July 1, 2000 -June 30, 2001.
FISCAL TMPA _T
This contract will be funded by Department application fees, Measure C-88 revenue, and the
General Fund (through Board's provisions for unfunded mandates).
BA KGRO IND/RFASONS FOR RF _oMMFNDATTONS
This contract will allow work to proceed on the County's Land Use Information System,
installing planning data on the Department's Web Page, and completing the
Vacant/Underutilized Lands Inventory Project for the City-County Relations Committee. Using
grant funds and Department revenue, the Department has obtained Geographic Information
System (GIS) software and equipment with enables the Department to provide the above
services at a cost lower than what can be obtained from the County's vendors. Contract
employees will be used on these projects pending completion of the County Administrator's
evaluation of countywide GIS needs.
CONTINUED ON ATTACHMENT: % SIGNATUR
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD
COMITTEE
APPROVE OTHER
SIGNATURE(S) :Q�t�-
ACTION
OF BO ONQ Dd)& -- APPROVED AS RECOMMENDED 2 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.
Orig: Judy Coons (925) 335-1287 ATTESTED_ 11ihe al ,9060
cc: Community Development Department
Carol Ramirez, Auditor-Controller PHIL BATCHELOR, CLERK OF
County Administrator THE BOARD OF SUPERVISORS
AND COUNTY ADMINISTRATOR
BY • , DEPUTY
Contra
Costa ,'o
County
TO: BOARD OF SUPERVISORS
FROM: Dennis M. Barry, AICP
Community Development Director
DATE: June 27, 2000
SUBJECT: CONTRACT WITH DARWIN MYER.S ASSOCIATES FOR CONTINUING GEOLOGIC
CONTRACT SERVICES (Contract # 33999-00)
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RE OM1+MPHDATTONS
Authorize the Community Development Director or his designee to execute a contract with
Darwin Myers Associates in the amount of$ 50,000.00 for continuing geologic services
effective July 1, 2000 through June 30, 2001.
FISCAL TMPD
None. All costs are covered by fees charged to applicants .
RACKGx2tMUD RE SONS FOR RECOMMENDATTONS
Darwin Myers Associates provides geotechnical review services for land use projects requiring
geology reports or where topographical or geological concerns are present. The work provided
by Darwin Myers Associates includes performing initial CEQA assessment and geotechnical
issues, reviewing geology reports submitted by applicants, reviewing grading plans and
providing guidance on other geotechnical issues.
CONTINUED ON ATTACHMENT: Y ,B BIGNATUR
ilt
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD
COMI_7TTEE
PROVE OTHER
SIGNATURE(S) :
ACTION OF BOAR N In €fid APPROVER AS RECOMMENDED K 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.
Orig: Judy Coons (925) 335-1287 ATTESTED-, tg,P-t *) �aV
cc: Community Development Department
Carol Ramirez, Auditor-Controller PHIL BATCHELOR, CLERK OF
County Administrator THE BOARD OF SUPERVISORS
AND COUNTY ADMINISTRATOR
BY111 DEPUTY
Contra
Costa
.: County
TO: BOARD OF SUPERVISORS
FROM: Dennis M. Barry, AICP
Community Development Director
DATE: June 27, 2000
SUBJECT: CONTRACT WITH DARWIN MY'ERS ASSOCIATES FOR CONTINUING PLANNING
CONTRACT SERVICES (Contract # 46223-00)
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
REC01 M KDATTONS
Authorize the Community Development Director or his designee to execute a contract with
:Darwin Myers Associates in the amount of$ 50,000.00 for continuing planning services
effective July 1, 2000 through June 30, 2001.
FTSrAT, IMPACT
Mone. All costs are covered by fees charged to applicants .
Over the past few years the Community Development Department has experienced significant
increases in land use applications. Simultaneously, the Department has had difficulties with
recruitment and retention of qualified professional planners to handle the volume of land use
applications. Darwin Myers Associates has both knowledge of the County and Department land
use application processing procedures. These contract services are critical in assuring that land
use applications are processed in a timely fashion and to meet Department staffing needs.
CONTINUED ON ATTACHMENT: Y SIGNATU
!!��,e
"'.RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD
COMMITTEE
`APPROVE OTHER
SIGNATURE(S) : a6z�_
ACTION OF BOA ON ' ,_a a dy APPROVED AS RECOMMENDED X__ OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
7C UNANIMOUS (ABSENT Or TRUE AND CORRECT COPY OF AN
AYES: NOES:. ACTION TAKEN AND ENTERED ON THE
ABSENT: ABS'T'AIN MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
Orig: Judy Coons (925) 335-1287 ATTESTED u n e_ a ). a oo v
cc: Community Development Department
Carol Ramirez, Auditor-Controller PHIL BATCHELOR, CLERK OF
County Administrator THE BOARD OF SUPERVISORS
AND COUNTY ADMINISTRATOR
BY � DEPUTY