Loading...
HomeMy WebLinkAboutMINUTES - 03132007 - C.82 s � L TO: BOARD OF SUPERVISORS �� �� Contra FROM: Anne Cain, County Librarian o 1;,, t. "; Costa DATE: March 13, 2007 ,;�"�~~k A�ou-= County SUBJECT: APPROVE contract amendment with Advanced Information Management, Inc., to increase payment limit to $26,316 with no change in the term of June 19, 2006 thru March 31, 2007. SPECIFIC REQUEST (S) OR RECOMMENDATION (S) & BACKGROUND AND JUSTIFICATION RECOMMENDATION APPROVE and AUTHORIZE the County Librarian, or designee, to execute a contract amendment with Advanced Information Management Inc., effective January 1, 2007, to increase the payment limit by$1,316 to a new limit of$26,316 with no change in the term of June 19, 2006 thru March 31, 2007. FINANCIAL IMPACT $1,316. The total payment will not exceed $26,316, and is included in the Library's 2006/07 budget. $24,290.63 has been paid, to date. BACKGROUND Advanced Information Management, Inc., provides trained, temporary staff to supplement the Library's Technical Services staff to catalog library materials (print and media) for distribution to the 25 county libraries for their respective collections. The services include: a. Online Computer Library Center ("OCLC") and Connexion Client orientation and training; search, retrieve, and modify appropriate OCLC records for Library materials; b. Catalog print and media using current Machine Readable Cataloguing ("MARC") tagging and Anglo- American Cataloguing Rules, 2nd Edition("AACR2")rules for description; and c. Catalog using Contra Costa County Library cataloging specifications. CONTINUED ON ATTACHMENT: El YES SIGNATURE: COMMENDATION OF COUNTY ADMINISTRATOR❑RECOMMENDATION OF BOARD COMMITTEE ['PROVE ITHER r SIGNATURE(S): J ACTION OF BOONt�yo!l APPROVED ASic�( [-]NDED OTHER VOTE OF SUPERVISORS: I HEREBY CERTIFY THAT THIS IS A TRUE AND v CORRECT COPY OF AN ACTION TAKEN AND J1UNANIMOUS(ABSENT ENTERED ON THE MINUTES OF THE BOARD OF AYES: NOES: SUPERVISORS ON THE DATE SHOWN. ABSENT: ABSTAIN: ATTESTED ( 3 ;LvQ -7 Contact: Anne Cain,925-646-6423 JOHN CULLEN CLERK OF THE BOARID OF SUPERVISORS AND COUNTY ADMINISTRATOR cc: County Library Administration County Administrator General Services(Purchasing) By �"eputy Auditor-Controller OA\BOS\TEMPLATE\REGULAR\AIM-increase payment amount for short form contract-2006.doc C. 4 3 ( 1310 Contra Costa County CONTRACT AMENDMENT AGREEMENT Number 49366 Standard Form L-7 (Purchase of Services -Long Form) Fund/Org# 03718 'Revised 2002• Account# 02310 Other# 1. Identification of Contract to be Amended. Number: 49366 (as amended on November 6, 2006) Department: Library Subject: Temporary Employee (Contract Cataloger) through Advanced Information Management 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: AIM STAFFING, INC. Capacity: Corporation Address: 843 Castro Street, Mountain View, CA 94041 3. Amendment Date. The effective date of this Contract Amendment Agreement is January 1, 2007. 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. Signatures. These signatures attest the parties' agreement hereto: COUNTY OF CONTRA COSTA, CALIFORNIA BOARD OF SU V RS ATTEST: Clerk of the Board of Supervisors By - By duirm D ignee Deputy CONTRACTOR Name of business entirv�ATM STAFFINCT INC' Name of business entity ATM STAFFING INC. By 'rel , By. (Signature of individual or officer) (Signature of individual or officer) Linda McKell, President Linda McKell, Secretary (Print name and title A, if applicable) (Print name and title A, if applicable) Note to Contractor:For Corporations(profit or nonprofit),the contract must be signed by two officers. Signature A must be that of the president or vice-president and Signature B must be that of the secretary or assistant secretary(Civil Code Section 1190 and Corporations Code Section 313). All signatures must be acknowledged as set forth on Form L-2. L-7 (Page 1 of 1) Contra Costa County APPROVALS/ACKNOWLEDGMENT Number Standard Form L-2 (Purchase of Services -Long Form) Revised 2002. APPROVALS RECOMMENDED BY DEPARTMENT FORM APPROVED COUNTY COUNSEL By: By: 4�— Designee Deputy APPROVED: COUNTY ADMINISTRATOR By: Designee ACKNOWLEDGMENT STATE OF CALIFORNIA ) C6 ) ss- COUNTY ss.COUNTY OFA ) 'On zkD `07 , before me, K. C- �svlx - ks-)�Zc' l )t- insert name and title of the officer), personally appeared L;n A 7-0 m q personally known tom (or proved to me on the basis of satisfactory evidence)to be the person(s}whose name(sj is/afsubscribed to the within instrument and acknowledged to me that he�she/tlwy.executed the same in his/her/their authorized capacity(4es},and that by his�her/thetrsignature(s}on the instrument the person(-s�,or the entity upon behalf of which the person(s�Lacted, �eeeeeeeeeeeeeeeaeeeeeoeeeeeeeoeeoeeeeeee� executed the instrument. K. C. OLSON N0. 1595405 nn WITNESS MY HAND AND OFFICIAL SEAL. s COMM."`� �.� NOTARY PUBLIC-CALIFORNIA S COUNTY OF SANTA BARBARA I �teeeeee0aoee®eoCOMM. eeoEXPIRES e woG.e o e,oiiei® (Seal) > afore 4. ACKNOWLEDGMENT(by Corporation,Partnership,or Individual) (Civil Code§1189) L-2 (Page 1 of 1) Amendment Specifications A. Paragraph 5 of the Standard Contract and Paragraph 4 of each of the two Contract Extension Agreements are amended to increase the payment limit to reflect amount owed plus the original contract amount as follows: The total contract amount is $26,315.63. Initials: Contractor Contractor County Dept. Page 1 O:\Contracts\Fiscal Year 2 006-2 007\Advanced Information Management-tempory employee\Amendmer:t Specifications-AIM.doc Contra Costa County CONTRACT EXTENSION AGREEMENT Number Standard Form S-5 (Purchase of Services - Short Form) Fund/Org# Revised 2002 Account# Other# 1. Identification of Contract to be Extended. Number: Effective Date: June 19, 2006 Department: Library Subject: Temporary Employee(Contract Cataloger)through Advanced Information Management 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: AIM STAFFING,INC. Capacity: Corporation Address: 843 Castro Street, Mountain View, CA 94041 3. Extension of Term. The term of the above described Contract between the parties hereto is hereby extended from November 30, 2006 to March 31, 2007, unless sooner terminated as provided in said contract. 4. Payment Limit. Including the extended term of the contract, the maximum amount payable by the County under this Contract shall not exceed$25,000.00. 5. Signatures. These signatures attest the parties' agreement hereto: `1 Approved: OARDA OF SUPERVIS &miL, uyer ft Approved: County Administrator GeneralSer rtrs`Gepar tm nt By: - n. By: Purchasingent,Designee Cortnty of Contra Cost. ( AO, Designee CONTRACTOR . Recommende by Department By: V C k,�� By: Linda McKell, President Department,Designee (Print name and title) Anne Cain, County Librarian AIM STAFFING, INC. (Print name) Name of business entity, if applicable) CONTRACTOR By: By: Cl.�� er� FORM APPROVED Linda McKell, President SILVANO B.MA HESI,County Counsel (Print name and title) By Deputy AIM STAFFING, INC. Name of business entity, if applicable) C_S fPaoP 1 of 1) Contra Costa County CONTRACT EXTENSION AGREEMENT Number Standard Form S-5 (Purchase of Services - Short Form) Fund/Org# Revised 2002 Account# Other# 1. Identification of Contract to be Extended. Number: Effective Date: June 19, 2006 Department: Library Subject: Temporary Employee (Contract Cataloger)through Advanced Information Management 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: AIM STAFFING, INC. Capacity: Corporation Address: 843 Castro Street,Mountain View, CA 94041 3. Extension of Term. The term of the above described Contract between the parties hereto is hereby extende( from October 13, 2006 to November 30, 2006, unless sooner terminated as provided in said contract. 4. Payment Limit. Including the extended term of the contract, the maximum amount payable by the Count: under this Contract shall not exceed$25,000.00. 5. Signatures. These signatures attest the parties' agreement hereto: Appr ved: AOARD OF SUPERVI§bkSite,Buyer If Approved: County Administ for G esFzrat_Seruues Department `Pr.achasir�Di�.Ji,sicn t-- -s. y: PurchVsing.Agent,Designee CAO, Designee CONT TO Recommended by apartment By: By: Department,Designee L �J -�- -J M c (Print name and title) Anne Cain, County Librarian AIM STAFFING, INC. (Print name) Name of business entity, if applicable) CONTRACTOR ,. By: FORM APPROVED SILVANO B.MA CHESI County Counsel (_i t� — f VL C I�,�C�1 8y Deputy (Print name and title) AIM STAFFING, INC. Name of business entity, if applicable) Contra Costa County STANDARD CONTRACT Number Standard Foran S-1 (Purchase of Services -Short Form) Fund/Org# Revised 2002 Account# Other# 1. Contract Identification. Department: County Library Subject: Temporary Employee(Contract Cataloger)through Advanced Information Management 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: AIM STAFFING, INC. Capacity: Corporation Address: 843 Castro Street,Mountain View, CA 94041 3. Term. The effective date of this Contract is June 19,2006 and it terminates October 13, 2006 unless sooner terminated as provided herein. 4. Termination.- This Contract may be terminated by the County, at its sole discretion,upon five-day advance written notice thereof to the Contractor, or cancelled immediately by written mutual consent. 5. Payment Limit. County's total payments to Contractor under this Contract shall not exceed$25,000.00. 6. County's Obligations. In consideration of Contractor's provision of services as described below,and subject to the payment limit expressed herein,County shall pay Contractor,upon Contractor's submission of a properly documented demand for payment(County Demand Fonn D-15)which shall be submitted not later than 30 days from the end of the month in which the contract services were rendered,and upon approval of such demand by the head of the County Department for which this Contract is made or his designee, as follows: [Check one alternative only] . . ❑hour; or ❑ a. FEE RATE: $ per service unit: ❑session, as defined below; or ❑calendar day(day, week or month) NOT TO EXCEED a total of service unit(s). Session is defined as: ❑b.Payment in full after approval by the Department. ® c. As set forth in the Payment Provisions paragraph of the attached Additional Provisions. ❑ d. As set forth in the Payment Provisions, attached. 7. Contractor's Obligations. Contractor shall provide the following described services: ❑ a. ®b. As set forth in Section A. (Contractor's Obligations)of the attached Additional Provisions which are incorporated herein by reference. 8. 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. 9. Administrative Amendments. Subject to the Payment Limit,the Payment Provisions and the Additional Provisions may be amended by a written administrative amendment executed by the Contractor (or designee) and the County Administrator (or designee), subject to any required state or federal approval, provided that such administrative amendment may not materially change the Payment Provisions or the Foran S-1 (Page 1 of 3) Contra Costa County STANDARD CONTRACT Number Standard Form S-1 (Purchase of Services - Short Form) Revised 2002 Additional Provisions. 10. 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, ethnic background, disability,or sexual orientation, and that none shall be used,in whole or in part,for religious worship or instruction. 11. 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. 12. 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. 13. 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, the Comptroller General,* the County, or any of their duly authorized representatives,this Contract and books,documents,and records of Contractor that are necessary to certify the nature and extent of all costs and charges hereunder. Further,if Contractor carries out any of the duties of this Contract through a subcontract, with a value or cost of$10,000 or more over a twelve- month period, such subcontract shall contain a clause to the effect that upon written request and until the expiration of four years after the furnishing of services pursuant to such subcontract,the subcontractor shall make available, to the Secretary, the Comptroller General, the County, 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 hereunder. 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: 14. 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. 15. 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. 16. Nonrenewal. Contractor understands and agrees that there is no representation, implication, or understanding that the services provided by Contractor under this Contract will be purchased by County under a new contract following expiration or termination of this Contract,and waives all rights or claims to Form S-1 (Page 2 of 3) Contra Costa County STANDARD CONTRACT Number Standard Form S-1 (Purchase of Services - Short Form) Revised 2002 notice or hearing respecting any failure to continue purchasing all or any such services from Contractor. 17. Legal Authority. This Contract is entered into under and subject to the following legal authorities Government Code § 31000. 18. Signatures. These signatures attest the parties' agreement hereto: Approved: BOARD OF SUPER SORS Approved: County Administrator John BuckhaCt,Senior Buyer Generafservices Department BY: Zg.06 Purcfiiasi Division O Aur°csQng gent ,Design e By. CAO, designee ,CONTRACTOR Recommended b- Dep ent By. Department,Designee L (N ax s (Print name and title) ?2�5 I bei T- Susan Caldwell,Administrative Services Officer AIM STAFFING,INC. (Print name) (Name of business entity,if applicable) CONTRACTOR: AIM STAFFING, INC. By: CSC ( 1i . �'k CALL FORM APPROVED (Print name)!3r-C SILVANO B.M RC SI Co ntpCouns" By Deputy 3 (Print title) Form S-1 (Page 3 of 3) 0ACA0-contracts\2006\Advanced Information Management-tempory employee\S-I Short Form Contract.doc Contra Costa County PAYMENT PROVISIONS Number Standard Form P-1 (Fee Basis Contracts -Long and Short Form) Revised 2002 ' 1. Payment Amounts. Subject to the Payment Limit of this Contract and subject to the following Paymenl Provisions, County will pay Contractor the following fee as full compensation for all services, work, expenses or costs provided or incurred by Contractor. .[Check one alternative only.] ❑ a. $ monthly, or ❑ b. $ per unit, as defined in the Service Plan, or ❑ c. $ after completion of all obligations and conditions herein. ® d. Other: See Additional Provisions (Form S-2). 2. Payment Demands.Contractor shall submit written demands for payment on County Demand Form D-15 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 payment demands by the head of the County Department for which this Contract is made, or his designee, County will make payments as specified in Paragraph 1. (Payment Amounts) above. 3. Penalty for Late Submission. If County is unable to obtain reimbursement from the State of California as a result of Contractor's failure to submit to County a timely demand for payment as specified in Paragraph 2. (Payment Demands) above, County shall not pay Contractor for such services to the extent County's recovery of funding is prejudiced by the delay even though such services were fully provided. 4. Right to Withhold. County has the right to withhold payment to Contractor when,in the opinion of County expressed in writing to Contractor, (a) Contractor's performance, in whole or in part, either has not been carried out or is insufficiently documented, (b) 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. S. Audit Exceptions. Contractor agrees to accept responsibility for receiving,replying to, and/or complying with any audit exceptions by appropriate county, state or federal audit agencies resulting from its performance of this Contract. Within 30 days of demand, Contractor shall pay County the full amount of County's obligation,if any,to the state and/or federal government resulting from any audit exceptions,to the extent such are attributable to Contractor's failure to perform properly any of its obligations under this Contract. Initials: _AA Contractor County Dept. Form P-1 (Page 1 of 1) Contra Costa County ADDITIONAL PROVISIONS Number Standard Form S-2 (Purchase of Services -Short Form) Revised 2002 A. Contractor's Obligations. During the term of this Contract, Contractor shall provide the following services: 1. Work with the Contra Costa County Library Technical Services staff on cataloging the Hercules collection and will report to the Collection Development/Technical Services Manager. 2. Work with Contra Costa County Library staff regarding.- a. egarding:a. Online Computer Library Center ("OCLC") and Connexion Client orientation and training; search,retrieve, and modify appropriate OCLC records for materials selected for the new Hercules Library; b. Catalog print and media using current Machine.Readable Cataloguing ("MARC") tagging and Anglo-American Cataloguing Rules, 2nd Edition ("AACR2") rules for description; C. Catalog using Contra Costa County Library cataloging specifications; and d. Usage of County equipment for business purposes only. 3. Other assignments as agreed to. 4. Contractor shall provide services through the temporary placement of one of its employees. In accordance with Paragraph 11 ("Independent Contractor Status"),Contractor is responsible for paying the following for its own employees: a. The employee's wages; b. All federal, state, and local payroll taxes; C. Unemployment insurance; d. Workers' compensation insurance; and e. All other applicable deductions required by law. B. Payment Terms. County will pay Contractor a rate of$37.50 per hour for work performed under this agreement. Each week (AIM defines a workweek as beginning on Saturday and ends on Friday), the Contractor's employee will complete an AIM time sheet, submit it to Julie Italiano, or her designee, for signature, and fax or mail the time sheet to AIM on the last day worked during the work week or on Friday. Contra Costa County's representative's signature on the time sheet indicates acknowledgment of the hours worked by the Contractor's Employee and agreement to pay for them.' Overtime must be pre-authorized by both Cathy Sanford, Deputy County Librarian, and Contractor. Overtime is defined as: • Any time worked beyond eight (8)hours in a workday; Initials: Contractor County Dept. Form S-2 (Page 1 of 2) 0ACA0-contracts120061Advanced Information Management-tempory employeels-2 Additional Provisions.doc Contra Costa County ADDITIONAL PROVISIONS Number Standard Form S-2 (Purchase of Services - Short Form) Revised 2002 • Any time worked beyond forty (40)hours in a normal seven (7) day workweek. Each time Contractor's Employee shows up for work,County will pay Contractor a minimum of two (2)hours of pay regardless of the amount of time actually worked. Paragraph 2 of PAYMENT PROVISIONS (Form P-1) is deleted and the following new Paragraph 2 is inserted: Weekly,AIM will send an invoice(due upon receipt) and a corresponding copy of the time sheet to: Contra Costa County Library Administration Attention: Julie Italiano 750 Oak Park Blvd. Pleasant Hill, CA 94523 C. Workplace Safety. County is responsible for orientating and discussing any special safety rules and regulations pertaining to the Contractor's Employee's assignment. If the Contractor's Employee is injured while working on site, County will provide prompt medical treatment and contact AIM as soon as possible. Contractor's Employee will not be authorized to operate a motor vehicle for work purposes without advanced written permission from AIM. D. Other. Paragraph 12(Disputes)of the Standard Contract is hereby deleted. The Paragraphs following deleted Paragraph 12 will keep their respective Paragraph number and will not be renumbered. Contractor will be contacted immediately if Contractor's Employee's performance is not satisfactory. Contractor will try to correct the problem or,at County's request,replace the Contractor's Employee as soon as possible. County will contact AIM of any change in job task as set out in Section A.(Contractor's Obligations) of this document. A rate increase and a special safety evaluation may apply. All expenses incurred by the Contractor's Employee while on assignment must be pre-approved by both County and Contractor. Unless otherwise agreed upon, expenses incurred by the Contractor's Employee on Contra Costa County Library's behalf will be billed di ctly to Contra Costa County Library. Initials: , Contractor Co my Dept. Form S-2 (Page 2 of 2) 0:\CAO-contracts\2006\Advanced Information Management-tempory employee\S-2 Additional Provisions.doc Contra. Costa County STANDARD CONTRACT Number Standard.Form L-1 5o (Purchase of Services - Long Form) Fund/Org# 3718 Revised 20020'%O Account # �h 101 � 2310 Other# 1. Contract Identification. Department: Library Subject: Temporary Employee through Advanced Information Management, Inc. 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: AIM STAFFING, INC. Capacity: Corporation Address: 843 Castro Street,Mountain View, CA 94041 3. Term. The effective date of this Contract is March 1, 2007. It terminates on August 31, 2007 unless sooner terminated as provided herein. 4. Payment Limit. County's total payments to Contractor under this Contract shall not exceed $ 30,000.00. 5. County's Obligations. County shall make to the Contractor those payments described in the Payment Provisions attachedhereto which are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. 6. Contractor's Obligations. Contractor shall provide those services and carry out that work described in the Service Plan attached hereto which is incorporated-herein by reference, subject to all the terms and conditions contained or incorporated herein. 7. General and Special Conditions. This Contract is subject to the General Conditions and Special Conditions (if any) attached hereto, which are incorporated herein by reference. 8. Project. This Contract implements in whole or in part the following described Project, the application and approval documents of which are incorporated herein by reference: Not Applicable. L-1 (Page I of 2) Contra Costa.County STANDARD CONTRACT Number Standard Form L-1 (Purchase of Services - Long Form) Revised 2002 9. Legal Authority. This Contract is entered into under and subject to the following legal authorities: Government Code §31000. 10. Signatures. These signatures attest the parties' agreement hereto: COUNTY OF CONTRA COSTA, CALIFORNIA BOARD OF SUPERVISORS ATTEST: Clerk of the Board of Supervisors B( By Chairman/Designee Deputy CONTRACTOR Name of business entity AIM STAFFING, _INC. Name of business entity AIM STAFFING, INC. By � � c (Signature of individual or officer) By (Signature of individual or officer) Linda McKell, President (Print name and title A, if applicable) Linda Mc Kell, Secretary (Print name and title B, if applicable) Note to Contractor:For Corporations(profit or nonprofit),the contract must be signed by two officers. Signature A must be that of the president or vice-president and Signature B must be that of the secretary or assistant secretary (Civil Code Section 1190 and Corporations Code Section 313). All signatures must be acknowledged as set forth on Form L-2. L-1 (Page 2 of 2) Contra Costa County APPROVALS/ACKNOWLEDGMENT Number Standard Form L-2 (Purchase of Services -Long Form) Revised 2002 APPROVALS RECOMMENDED BY DEPARTMENT FORM APPROVED COUNTY COUNSEL By: Cbz[ � � By: ---= Designee Deputy APPROVED: COUNTY ADMINISTRATOR By: Designee ACKNOWLEDGMENT STATE OF CALIFORNIA ) ss. COUNTY OFC ) On -14:� 3-a'-7,before me, insert name and title of the oecer)p sonally appeared 1. 1t,4A personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s�-whose namoEj(�1�.sa�ubscribed to the within instrument and acknowledged to me that hg/sh�e/tl� xecuted the same in eJtheir-authorized capacity 'e),,and that by hisLher/their--signature&n tie instrument the person((, or the entity upon behalf of which the personFs) acted, executed the instrument. SHARON J.CNa WITNESS MY HAND AND OFFICIAL SEAL. reiWon 0 16M16 Notary Pubtic—Catibornia Santa Clara County @.y Comm Emma Jan),2010 (Seal) \ SHARON J.CN01 C Siature t mamiaafon/161N78 p-- t Notry UAW—:t:ti tia Sam.Clua cotwl,` 61ily Comm.Expires JM 3.1010 ACKNOWLEDGMENT(by Corporation,Partnership,or Individual) (Civil Code§1189) L-2 (Page 1 of 1) Contra.Costa County PAYMENT PROVISIONS Number Standard Form P-1 (Fee Basis Contracts -Long and Short Form) Revised 2002 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 ❑ b. $ per unit, as defined in the Service Plan, or ❑ c. $ after completion of all obligations and conditions herein. ® d. Other: See Service Plan Outline (Form L-3). 2. Payment Demands.Contractor shall submit written demands for payment on County Demand Form D-15 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 payment demands by the head of the County Department for which this Contract is made, or his designee, County will make payments as specified in Paragraph 1. (Payment Amounts) above. 3. Penalty for Late Submission. If County is unable to obtain reimbursement from the State of California as a result of Contractor's.failure to submit to County a timely demand for payment as specified in Paragraph 2. (Payment Demands)above,County shall not pay Contractor for such services to the extent County's recovery of funding is prejudiced by the delay even though such services were fully provided. 4. Right to Withhold. County has the right tomithhold payment to Contractor when,in the opinion of County expressed in writing to Contractor, (a) Contractor's performance, in whole or in part, either has not been carried out or is insufficiently documented, (b) Contractor has neglected, failed or refused to furnish information or to cooperate with any inspection, review or audit of its program, work or records, or (c) Contractor has failed to sufficiently itemize or document its demand(s) for payment. 5. Audit Exceptions. Contractor agrees to accept responsibility for receiving,replying to, and/or complying with any audit exceptions by appropriate county, state or federal audit agencies resulting from its performance of this Contract. Within 30 days of demand, Contractor shall pay County the full amount of County's obligation,if any,to the state and/or federal government resulting from any audit exceptions,to the extent such are attributable to Contractor's failure to perform properly any of its obligations under this Contract. Initials: L / Contractor County Dept. Form P-1 (Page 1 of 1) Contra Costa-County SERVICE PLAN OUTLINE Number Standard Form L-3 (Purchase of Services - Long Form) Fund/Org# 3718 Revised 2002 Account # 2310 Vendor # SERVICE PLAN A. Contractor's Obligations. During the term of this Contract, Contractor shall provide the following services: 1. Work with the Contra Costa County Library Technical Services staff on cataloging library materials and gifts and will report to the Collection Development/Technical Services Manager. 2. Work with Contra Costa County Library staff regarding: a. Online Computer Library Center("OCLC")and Connexion Client orientation and training; search, retrieve, and modify appropriate OCLC records for Library materials; b. Catalog print and media using current Machine Readable Cataloguing ("MARC")tagging and Anglo-American Cataloguing Rules, 2nd Edition("AACR2") rules for description; C. Catalog using Contra Costa County Library cataloging specifications; and d. Usage of County equipment for business purposes only. 3. Other assignments.as agreed to. 4. Contractor shall provide services through the temporary placement of one of its employees. In accordance with Paragraph 11 ("Independent Contractor Status"), Contractor is responsible for paying the following for its own employees: a. The employee's wages; b. All federal, state, and local payroll taxes; C. Unemployment insurance; d. Workers' compensation insurance; and e. All other applicable deductions required by law. B. Payment Terms. County will pay Contractor a rate of$37.50 per hour for work performed under this agreement. Each week (AIM defines a workweek as beginning on Saturday and ends on Friday), the Contractor's employee will complete an AIM time sheet, submit it to Julie Italiano, or her designee, for signature, and fax or mail the time sheet to AIM on the last day worked during the work week or on Friday. Contra Costa County's representative's signature on the time sheet indicates acknowledgment of the hours worked by the Contractor's Employee and agreement to pay for them. Overtime must be pre-authorized by both Cathy Sanford, Deputy County Librarian, and Contractor. Overtime is defined as: • Any time worked beyond eight (8) hours in a workday; GK Initials: Contractor Coun . Dept. L-3 (Page 1 of 2) 0AContracts\2007\Advanced Information Management\.-3 service Plan Outline.doc Contra Costa County SERVICE PLAN OUTLINE Number Standard Form L-3 (Purchase of Services - Long Form) Fund/Org# 3718 Revised 2002 Account # 2310 Vendor# • . Any time worked beyond forty (40) hours in a normal seven(7) day workweek. Each time Contractor's Employee shows up for work, County will pay Contractor a minimum of two (2) hours of pay regardless of the amount of time actually worked. Paragraph 2 of PAYMENT PROVISIONS(Form P-1)is deleted and the following new Paragraph 2 is inserted: Weekly, AIM will send an invoice (due upon receipt) and a corresponding copy of the time sheet to: Contra Costa County Library Administration Attention: Julie Italiano 750 Oak Park Blvd. Pleasant Hill, CA 94523 C. Workplace Safety. County is responsible for orientating and discussing any special safety rules and regulations pertaining to the Contractor's Employee's assignment. If the Contractor's Employee is injured while working on site, County will provide prompt medical treatment and contact AIM as soon as possible. Contractor's Employee will not be authorized to operate a motor vehicle for work purposes without advanced written permission from AIM. c�c Initials: Contractor Count Dept. L-3 (Page 2 of 2) 0:\Contracts\2007\Advanced Information Management\L-3 Service Plait Outline.doc Contra Costa Gounty GENERAL CONDITIONS Standard Form L-5 (Purchase of Services-Long Form) Revised 2003 1. Compliance with Law. Contractor shall be subject to and comply with all applicable federal,state and local laws and regulations 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 keepand 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. Contractor shall retain all documents pertaining to this Contract for five years from the date of submission of Contractor's final payment demand or final Cost Report;for any further period that is required by law; and until all-federal/state audits are complete and exceptions resolved for this contract's funding period. Upon request,Contractor shall make these records available to authorized representatives of the County,the State of California, and the United States Government. b. Access to Books and Records of Contractor, Subcontractor. Pursuant to Section 1861(v)(1)of the Social Security Act, and any regulations promulgated thereunder, Contractor shall, upon written request and until the expiration of four years after the furnishing of services pursuant to this Contract,make available to the County,the Secretary of Health and Human Services,or the Comptroller General,or any of their duly authorized representatives, this Contract and books,documents, and records of Contractor necessary to certify the nature and extent of all costs and charges hereunder. Further, if Contractor carries out any of the duties of this Contract through a subcontract with a value or cost of $10,000 or more over a twelve-month period,such subcontract shall contain a clause to the effect that upon written request and until the expiration of four years after the furnishing of services pursuant to such subcontract, the subcontractor shall make available to the County, the Secretary, the Comptroller General, or any of their duly authorized representatives, the subcontract and books, documents, and records of the subcontractor 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. GK Initials: Contractor Count} Dept. L-5 (Page 1 of 6) 0AContractsTiscal Year 2006-2007\Advanced Information Management-tempory employee\.-5 Genera:Conditions.doc Contra Costa County GENERAL CONDITIONS Standard Form L-5 (Purchase of Services -Long Form) Revised 2003 5. Termination and Cancellation. a. Written Notice. This Contract may be terminated by either party,in its 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. County, upon written notice to Contractor, may immediately terminate this Contract should Contractor fail to perform properly any of its obligations hereunder. In the event of such termination,County may proceed with the work in any reasonable manner it chooses. The cost to County of completing Contractor's performance shall be deducted from any sum due Contractor under this Contract,without prejudice to County's rights to recover 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 Contractor and County. 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. Informal Agreements may not enlarge in any manner the scope of this Contract, including any sums of money to be paid Contractor as provided herein. Informal Agreements may be approved and signed by the head of the countydepartment for which this Contract is made or its designee. 8. Modifications and Amendments. a. General Amendments. This Contract may be modified or amended by a written document executed by 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 Contractor and the County Administrator (or designee), subject to any required state or federal approval,provided that such administrative amendment may not . materially change the Payment Provisions or the Service Plan. 9. Disputes. Disagreements between County and Contractor concerning the meaning,requirements,or performance of this Contract shall be subject to final written determination 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. C� Initials: Contractor C011Dept. L-5 (Page 2 of 6) 0AContractsTiscal Year 2006-2007\Advanced Information Management-tempory employee\L-5 General Conditions.doe Contra Costa County GENERAL CONDITIONS Standard Form L-5 (Purchase of Services -Long Form) Revised 2003 10. Choice of Law and Personal Jurisdiction. a. This Contract is made in Contra Costa County and shall be governed and construed in accordance with the laws of the State of California. b. Any action relating to this Contract shall be instituted and prosecuted in the courts of Contra Costa County,State of California. 11. Conformance with Federal and State Regulations and Laws. Should federal or state regulations or laws touching upon the subject of this Contract be adopted or revised during the term hereof,this Contract shall be deemed amended to assure conformance with such federal or state requirements. 12. No Waiver by County. Subject to Paragraph 9.(Disputes)of these General Conditions,inspections or approvals,or statements by any officer,agent or employee of County indicating Contractor's performance or any part thereof complies with the requirements of this Contract,Ior acceptance of the whole or any part of said performance,or payments therefor, or any combination of these acts,shall not relieve 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. Prior written consent of the County Administrator or his designee, subject to any required state or federal approval, is required before the Contractor may enter into subcontracts for any work contemplated under this Contract, or before the Contractor may assign this Contract or monies due or to become due,by operation of law or otherwise. 14. Independent Contractor Status. This Contract is by and between two independent contractors and is not intended to and shall not be construed to create the relationship between the parties of agent, servant,employee,partnership,joint venture or association. 15. Conflicts of Interest. Contractor,its officers,partners,associates,agents,and employees,shall not make,participate in making, or in any way attempt to use the position afforded them by this Contract to influence any governmental decision in which they know or have reason to know they have a financial interest under California Government Code Sections 87100, et seq., or otherwise. 16. Confidentiality. Contractor agrees to comply and to require its officers,partners,associates,agents and employees to comply with all applicable state or federal statutes or regulations respecting confidentiality,including but not limited to, the identity of persons served under this Contract,their records, or services provided them, and assures that: a. All applications and records concerning any individual made or kept by Contractor or any public officer or agency in connection with the administration of or relating to services provided under this Contract will be confidential,and will not be open to examination for any purpose not directly connected with the administration of such service. L-5 (Page 3 of 6) 0AContractsTiscal Year 2006-200'AAdvanced Information Management-tempory employee\L-5 General Lti.noc AL- Contractor Initials: County Dept. Contra Costa County GENERAL CONDITIONS Standard Form L-5 (Purchase of Services - Long Form) Revised 2003 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,ethnic background,disability,or sexual orientation, and that none shall be used, in whole or in part, for religious worship or instruction. 18. Indemnification. _Contractor shall defend,indemnify,save,and hold harmless 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 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 County or its officers or employees. Contractor will reimburse County for any expenditures, including reasonable attorneys' fees, County may make by reason of the matters that are the subject of this indemnification, and, if requested by County, will defend any, claims or litigation to which this indemnification provision applies at the sole cost and expense of Contractor. 19. Insurance. During the entire term of this Contract and any extension or modification thereof,Contractor shall keep in effect insurance policies meeting the following insurance requirements unless otherwise expressed in the Special Conditions: a. Liability Insurance. For all contracts where the total payment limit of the contract is $500,000 or less, 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 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 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 Contractor's insurance policy or policies. For all contracts where the total payment limit is above $500,000,the aforementioned insurance coverage to be provided by Contractor shall have a minimum combined single limit coverage of$1,000,000,and Contractor shall be required to provide County with a copy of the endorsement making the County an additional insured on all general liability, worker's compensation, and, if applicable, all professional liability insurance policies as required herein no later than the effective date of this Contract. b. Workers' Compensation. 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 L-5 (Page 4 of 6) 0AContractsTiscal Year 2006-2007\Advanced Information Management-tempory employee\L-5 Generalon itions.doc CKInitials: ontractor Coun�y Dept. Contra Costa County GENERAL CONDITIONS Standard Form L-5 (Purchase of Services -Long Form) Revised 2003 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 Contractor shall include a provision for thirty (30) days written notice to County before cancellation or material change of the above specified coverage. 20. Notices. All notices provided for by this Contract shall be in writing and may be delivered by deposit in the United States mail,postage prepaid. Notices to County shall be addressed to the head of the county department for which this Contract is made. Notices to 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 County shall be the date of receipt by the head of the county department for which this Contract is made. 21. Primacy of General Conditions. Except for Special Conditions which expressly supersede General Conditions,the Special Conditions (if any) and Service Plan do not limit any term of the General Conditions. 22. Nonrenewal. Contractor understands and agrees that there is no representation,implication,or understanding that the services provided by Contractor under this Contract will be purchased by County under a new contract following expiration or termination of this Contract, and waives all rights or claims to notice or hearing respecting any failure to continue purchasing all or any such services from Contractor. 23. Possessory Interest. If this Contract results in Contractor having possession of,claim 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 107), such interest or improvements may represent a possessory interest subject to property tax,and Contractor may be subject to the payment of property taxes levied on such interest. Contractor agrees that this provision complies with the notice requirements of Revenue&Taxation Code Section 107.6,and waives all rights to'further notice or to damages under that or any comparable statute. 24. No Third-Party Beneficiaries. Notwithstanding mutual recognition that services under this Contract may provide some aid or assistance to members of the County's population, it is not the intention of either County or Contractor that such individuals occupy the position of intended third-party beneficiaries of the obligations assumed by either party to this Contract. 25. Copyrights and Rights in Data. Contractor shall not publish or transfer any materials produced or resulting from activities supported by this agreement without the express written consent of the County Administrator. If any material is subject to copyright,County reserves the right to copyright,and Contractor agrees not to copyright, such material. If the material is copyrighted, 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. L-5 (Page 5 of 6) 0AContractsWiscal Year 2006-2007\Advanced Information Management-tempory employee\L-5 General ditions.doc Initials: �— ontractor County Dept. Contra Costa County GENERAL CONDITIONS Standard Form L-5 (Purchase of Services - Long Form) Revised 2003 26. Endorsements. Contractor shall not in its capacity as a contractor with Contra Costa County publicly endorse or oppose 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. 27. Required Audit. (A) If Contractor is funded by$500,000 or more in federal grant funds in any fiscal year ending after December 31, 2003 from any source, Contractor shall provide to County at Contractor's expense an audit conforming to the requirements set forth in the most current version of Office of Management and Budget Circular A- 133. (B)If Contractor is funded by less than$500,000 in federal grant funds in any fiscal year ending after December 31, 2003 from any source, but such grant imposes specific audit requirements; Contractor shall provide to County an audit conforming to those requirements. (C)If Contractor is funded by less than $500,000 in federal grant funds in any fiscal year ending after December 31, 2003 from any source, Contractor is exempt from federal audit requirements for that year, however, Contractor's records must be available for and an audit may be required by, appropriate officials of the federal awarding agency,the General Accounting Office (GAO),the pass-through entity and/or the County. If any such audit is required, Contractor shall provide County with such audit. With respect to the audits specified in(A), (B) and (C) above, Contractor is solely responsible for arranging for the conduct of the audit, and for its cost. 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. 28. Authorization. Contractor, or the representative(s) signing this Contract on behalf of Contractor, represents and warrants that it has full power and authority to enter into this Contract and perform the obligations herein. L-5 (Page 6 of 6) 0AContractsTiscal Year 2006-200744dvanced Information Management-tempory employee\L-5 General o itions.doc � Initials:.. _ Contractor County Dept. Contfa Costa County STANDARD CONTRACT Number Standard Form L-1 (Purchase of Services - Long Form) Fund/Org# 3718 Revised 2002 Account # 2310 Other# I. Contract Identification. Department: Library Subject: Temporary Employee through Advanced Information Management, Inc. 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: AIM STAFFING, INC. Capacity: Corporation Address: 843 Castro Street, Mountain View, CA 94041 3. Term. The effective date of this Contract is March 1, 2007. It terminates on August 31, 2007 unless sooner terminated as provided herein. 4. Payment Limit. County's total payments to Contractor under this Contract shall not exceed $ 30,000.00. 5. County's Obligations. County shall make to the Contractor those payments described in the Payment Provisions attached hereto which are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. 6. Contractor's Obligations. Contractor shall provide those services and carry out that work described in the Service Plan attached hereto which is incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. 7. General and Special Conditions. This Contract is subject to the General Conditions and Special Conditions (if any) attached hereto, which are incorporated herein by reference. 8. Project. This Contract implements in whole or in part the following described Project,the application and approval documents of which are incorporated herein by reference: Not Applicable. L-1 (Page 1 of 2) Contra Costa County STANDARD CONTRACT Number Standard Form L-1 (Purchase of Services - Long Form) Revised 2002 9. Legal Authority. This Contract is entered into under and subject to the following legal authorities: Government Code §31000. 10. Signatures. These signatures attest the parties' agreement hereto: COUNTY OF CONTRA COSTA, CALIFORNIA BOARD OF SU RVISORS ATTEST: Clerk of the Board of Supervisors � G By By Chairman/Designee Deputy CONTRACTOR Name of business entity AIM STAFFING, INC. Name of business entity AIM STAFFING, INC. By By (Signature of individual or office (Signature (Signature of individual or officer) Linda McKell, President (Print name and title A, if applicable) Linda Mc Kell, Secretary (Print name and title B, if applicable) Note to Contractor:For Corporations(profit or nonprofit),the contract must be signed by two officers. Signature A must be that of the president or vice-president and Signature B must be that of the secretary or assistant secretary (Civil Code Section 1190 and Corporations Code Section 313). All signatures must be acknowledged as set forth on Form L-2. L-1 (Page 2 of 2) Contra Costa County APPROVALS/ACKNOWLEDGMENT Number Standard Form L-2 (Purchase of Services - Long Form) Revised 2002 APPROVALS RECOMMENDED BY DEPARTMENT FORM APPROVED COUNTY COUNSEL By: (224, - By: Designee Deputy APPROVED: COUNTY ADMINISTRATOR By: Designee ACKNOWLEDGMENT STATE OF CALIFORNIA ) s-A n 1 Gem ) ss. COUNTY OFC ) On -ecru oc � ' a°z'7, before me, insert name and title of the o-----cer),personally appeared Lm'(OL J A"g-e1/ personally known to me (or proved to me on the basis of satisfactory evidence)to be he person(i+whose name(-a-}C&*&subscribed to the within instrument and acknowledged to me that he/(he the same in e�thgiauthorized capacity(Dand that by er their-signatur (s on the instrument the person(4 or the entity upon behalf of which the personos acted, executed the instrument. SHARON J.CHOI Ca--luion/10"18 WITNESS MY HAND AND OFFICIAL SEAL. "ffy puma-cifibrms B�to Clea Cauity' iie Can-.E*I"J0 7,2010 t (Seal) Signature ACKNOWLEDGMENT(by Corporation,Partnership,or Individual) (Civil Code§1189) L-2 (Page 1 of 1) Contra Costa County PAYMENT PROVISIONS Number Standard Form P-1 (Fee Basis Contracts-Long and Short Form) Revised 2002 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 ❑ b. $ per unit, as defined in the Service Plan, or ❑ c. $ after completion of all obligations and conditions herein. ® d. Other: See Service Plan Outline (Form L-3). 2. Payment Demands.Contractor shall submit written demands for payment on County Demand Form D-15 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 payment demands by the head of the County Department for which this Contract is made, or his designee, County will make payments as specified in Paragraph 1. (Payment Amounts) above. 3. Penalty for Late Submission. If County is unable to obtain reimbursement from the State of California as a result of Contractor's failure to submit to County a timely demand for payment as specified in Paragraph 2. (Payment Demands)above,County shall not pay Contractor for such services to the extent County's recovery of funding is prejudiced by the delay even though such services were fully provided. 4. Right to Withhold. County has the right to withhold payment to Contractor when,in the opinion of County expressed in writing to Contractor, (a) Contractor's performance, in whole or in part, either has not been carried out or is insufficiently documented, (b) Contractor has neglected, failed or refused to furnish information or to cooperate with any inspection, review or audit of its program, work or records, or (c) Contractor has failed to sufficiently itemize or document its demand(s) for payment. 5. Audit Exceptions. Contractor agrees to accept responsibility for receiving,replying to, and/or complying with any audit exceptions by appropriate county, state or federal audit agencies resulting from its performance of this Contract. Within 30 days of demand, Contractor shall pay County the full amount of County's obligation,if any,to the state and/or federal government resulting from any audit exceptions,to the extent such are attributable to Contractor's failure to perform properly any of its obligations under this Contract. Initials: Contractor County l5ept. Form P-1 (Page 1 of 1) Contra Costa County SERVICE PLAN OUTLINE Number Standard Form L-3 (Purchase of Services - Long Form) Fund/Org# 3718 Revised 2002 Account# 2310 Vendor# SERVICE PLAN A. Contractor's Obligations. During the term of this Contract, Contractor shall provide the following services: 1. Work with the Contra Costa County Library Technical Services staff on cataloging library materials and gifts and will report to the Collection Development/Technical Services Manager. 2. Work with Contra Costa County Library staff regarding: a. Online Computer Library Center("OCLC")and.Connexion Client orientation and training; search, retrieve, and modify appropriate OCLC records for Library materials; b. Catalog print and media using current Machine Readable Cataloguing ("MARC") tagging and Anglo-American Cataloguing Rules, 2nd Edition ("AACR2")rules for description; C. Catalog using Contra Costa County Library cataloging specifications; and d. Usage of County equipment for business purposes only. 3. Other assignments as agreed to. 4. Contractor shall provide services through the temporary placement of one of its employees. In accordance with Paragraph 11 ("Independent Contractor Status"), Contractor is responsible for paying the following for its own employees: a. The employee's wages; b. All federal, state, and local payroll taxes; C. Unemployment insurance; d. Workers' compensation insurance; and e. All other applicable deductions required by law. B. Payment Terms. County will pay Contractor a rate of$37.50 per hour for work performed under this agreement. Each week (AIM defines a workweek as beginning on Saturday and ends on Friday),the Contractor's employee will complete an AIM time sheet, submit it to Julie Italiano, or her designee, for signature, and fax or mail the time sheet to AIM on the last day worked during the work week or on Friday. Contra Costa County's representative's signature on the time sheet indicates acknowledgment of the hours worked by the Contractor's Employee and agreement to pay for them. Overtime must be pre-authorized by both Cathy Sanford, Deputy County Librarian, and Contractor. Overtime is defined as: • Any time worked beyond eight(8) hours in a workday; Initials: C Contractor County bept. L-3 (Page 1 of 2) 0:\Contracts\2007\Advanced Information Management\L-3 Service Plan Outline.doc Contra Costa County SERVICE PLAN OUTLINE Number Standard Form L-3 (Purchase of Services - Long Form) Fund/Org# 3718 Revised 2002 Account # 2310 Vendor # • Any time worked beyond forty(40)hours in a normal seven(7) day workweek. Each time Contractor's Employee shows up for work, County will pay Contractor a minimum of two (2) hours of pay regardless of the amount of time actually worked. Paragraph 2 of PAYMENT PROVISIONS(Form P-1)is deleted and the following new Paragraph 2 is inserted: Weekly,AIM will send an invoice (due upon receipt) and a corresponding copy of the time sheet to: Contra Costa County Library Administration Attention: Julie Italiano 750 Oak Park Blvd. Pleasant Hill, CA 94523 C. Workplace Safety. County is responsible for orientating and discussing any special safety rules and regulations pertaining to the Contractor's Employee's assignment. If the Contractor's Employee is injured while working on site, County will provide prompt medical treatment and contact AIM as soon as possible. Contractor's Employee will not be authorized to operate a motor vehicle for work purposes without advanced written permission from AIM. CfK Initials: Contractor Coun Dept. L-3 (Page 2 of 2) 0:\Contracts\2007\Advanced Information ManagemenAL-3 Service Plan Outline.doc Contra Costa County GENERAL CONDITIONS Standard Form L-5 (Purchase of Services-Long Form) Revised 2003 1. Compliance with Law. Contractor shall be subject to and comply with all applicable federal,state and local laws and regulations 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. Contractor shall retain all documents pertaining to this Contract for five years from the date of submission of Contractor's final payment demand or final Cost Report;for any further period that is required by law; and until all federal/state audits are complete and exceptions resolved for this contract's funding period. Upon request,Contractor shall make these records available to authorized representatives of the County,the State of California., and the United States Government. b. Access to Books and Records of Contractor, Subcontractor. Pursuant to Section 1861(v)(1)of the Social Security Act, and any regulations promulgated thereunder, Contractor shall, upon written request and until the expiration of four years after the furnishing of services pursuant to this Contract,make available to the County,the Secretary of Health and Human Services,or the Comptroller General,or any of their duly authorized representatives, this Contract and books,documents,and records of Contractor necessary to certify the nature and extent of all costs and charges hereunder. Further, if Contractor carries out any of the duties of this Contract through a subcontract with a value or cost of $10,000 or more over a twelve-month period,such subcontract shall contain a clause to the effect that upon written request and until the expiration of four years after the furnishing of services pursuant to such subcontract, the subcontractor shall make available to the County, the Secretary, the Comptroller General, or any of their duly authorized representatives, the subcontract and books, documents, and records of the subcontractor 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. Initials: Contractor Coun Dept. L-5 (Page 1 of 6) 0AContractsTiscal Year 2006-2007\Advanced Information Management-tempory employee\L-5 Genera Conditions.doc Contra Costa County GENERAL CONDITIONS Standard Form L-5 (Purchase of Services -Long Form) Revised 2003 5. Termination and Cancellation. a. Written Notice. This Contract may be terminated by either party,in its 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. County, upon written notice to Contractor, may immediately terminate this Contract should Contractor fail to perform properly any of its obligations hereunder. In the event of such termination,County may proceed with the work in any reasonable manner it chooses. The cost to County of completing Contractor's performance shall be deducted from any sum due Contractor under this Contract,without prejudice to County's rights to recover damages. c. Cessation of Fundin;?. 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 Contractor and County. 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. Informal Agreements may not enlarge in any manner the scope of this Contract, including any sums of money to be paid 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 its designee. 8. Modifications and Amendments. a. General Amendments. This Contract may be modified or amended by a written document executed by 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 Contractor and the County Administrator (or designee), subject to any required state or federal approval,provided that such administrative amendment may not materially change the Payment Provisions or the Service Plan. 9. Disputes. Disagreements between County and Contractor concerning the meaning,requirements,or performance of this Contract shall be subject to final written determination 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. / c�c Initials: (� Contractor County bept. L-5 (Page 2 of 6) 0AContractsTiscal Year 2006-2007\Advanced Information Management-tempory employee\L-5 General Conditions.doc Contra Costa County GENERAL CONDITIONS Standard Form L-5 (Purchase of Services-Long Form) Revised 2003 10. Choice of Law and Personal Jurisdiction. a. This Contract is made in Contra Costa County and shall be governed and construed in accordance with the laws of the State of California. b. Any action relating to this Contract shall be instituted and prosecuted in the courts of Contra Costa County,State of California. 11. Conformance with Federal and State Regulations and Laws. Should federal or state regulations or laws touching upon the subject of this Contract be adopted or revised during the term hereof,this Contract shall be deemed amended to assure conformance with such federal or state requirements. 12. No Waiver by County. Subject to Paragraph 9.(Disputes)of these General Conditions,inspections or approvals,or statements by any officer,agent or employee of County indicating 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 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. Prior written consent of the County Administrator or his designee, subject to any required state or federal approval, is required before the Contractor may enter into subcontracts for any work contemplated under this Contract,or before the Contractor may assign this Contract or monies due or to become due, by operation of law or otherwise. 14. Independent Contractor Status. This Contract is by and between two independent contractors and is not intended to and shall not be construed to create the relationship between the parties of agent,servant,employee,partnership,joint venture or association. 15. Conflicts of Interest. Contractor,its officers,partners,associates,agents,and employees,shall not make,participate in making, or in any way attempt to use the position afforded them by this Contract to influence any governmental decision in which they know or have reason to know they have a financial interest under California Government Code Sections 87100, et seq., or otherwise. 16. Confidentiality. Contractor agrees to comply and to require its officers,partners,associates,agents and employees to comply with all applicable state or federal statutes or regulations respecting confidentiality,including but not limited to, the identity of persons served under this Contract, their records, or services provided them, and assures that: a. All applications and records concerning any individual made or kept by Contractor or any public officer or agency in connection with the administration of or relating to services provided under this Contract will be confidential,and will not be open to examination for any purpose not directly connected with the administration of such service. L-5 (Page 3 of 6) 0AContractsTiscal Year 2006-2007\Advanced Information Management-tempory employee\L-5 General C tions.docC K Initials: Contractor County'Dept. Contra Costa County GENERAL CONDITIONS Standard Form L-5 (Purchase of Services-Long Form) Revised 2003 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,ethnic background,disability,or sexual orientation, and that none shall be used, in whole or in part, for religious worship or instruction. 18. Indemnification. Contractor shall defend,indemnify,save,and hold harmless 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 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 County or its officers or employees. Contractor will reimburse County for any expenditures, including reasonable attorneys' fees, County may make by reason of the matters that are the subject of this indemnification, and, if requested by County,will defend any claims or litigation to which this indemnification provision applies at the sole cost and expense of Contractor. 19. Insurance. During the entire term of this Contract and any extension or modification thereof,Contractor shall keep in effect insurance policies meeting the following insurance requirements unless otherwise expressed in the Special Conditions: a. Liability Insurance. For all contracts where the total payment limit of the contract is $500,000 or less, 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 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 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 Contractor's insurance policy or policies. For all contracts where the total payment limit is above $500,000, the aforementioned insurance coverage to be provided by Contractor shall have a minimum combined single limit coverage of$1,000,000,and Contractor shall be required to provide County with a copy of the endorsement making the County an additional insured on all general liability, worker's compensation, and, if applicable, all professional liability insurance policies as required herein no later than the effective date of this Contract. b. Workers' Compensation. 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 L-5 (Page 4 of 6) 0AContractsTiscal Year 2006-2007Vldvanced Information Management-tempory employee\.-5 Genc C Initials: Contractor Coun Dept. Contra Costa County GENERAL CONDITIONS Standard Form L-5 (Purchase of Services -Long Form) Revised 2003 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 Contractor shall include a provision for thirty (30) days written notice to County before cancellation or material change of the above specified coverage. 20. Notices. All notices provided for by this Contract shall be in writing and may be delivered by deposit in the United States mail,postage prepaid. Notices to County shall be addressed to the head of the county department for which this Contract is made. Notices to 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 County shall be the date of receipt by the head of the county department for which this Contract is made. 21. Primacy of General Conditions. Except for Special Conditions which expressly supersede General Conditions,the Special Conditions (if any)and Service Plan do not limit any term of the General Conditions. 22. Nonrenewal. Contractor understands and agrees that there is no representation, implication,or understanding that the services provided by Contractor under this Contract will be purchased by County under a new contract following expiration or termination of this Contract, and waives all rights or claims to notice or hearing respecting any failure to continue purchasing all or any such services from Contractor. 23. Possessory Interest. If this Contract results in Contractor having possession of,claim 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 107), such interest or improvements may represent a possessory interest subject to property tax,and Contractor may be subject to the payment of property taxes levied on such interest. Contractor agrees that this provision complies with the notice requirements of Revenue&Taxation Code Section 107.6,and waives all rights to further notice or to damages under that or any comparable statute. 24. No Third-Party Beneficiaries. Notwithstanding mutual recognition that services under this Contract may provide some aid or assistance to members of the County's population, it is not the intention of either County or Contractor that such individuals occupy the position of intended third-party beneficiaries of the obligations assumed by either party to this Contract. 25. Copyrights and Rights in Data. Contractor shall not publish or transfer any materials produced or resulting from activities supported by this agreement without the express written consent of the County Administrator. If any material is subject to copyright, County reserves the right to copyright,and Contractor agrees not to copyright,such material. If the material is copyrighted,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. L-5 (Page 5 of 6) 0AContractsTiscal Year 2006-2007Wdvanced Information Management-tempory employee\L-5 Generalo ditions.doc �� C Initials: _ ontractor County Dept. Contra Costa County GENERAL CONDITIONS Standard Form L-5 (Purchase of Services-Long Form) Revised 2003 26. Endorsements. Contractor shall not in its capacity as a contractor with Contra Costa County publicly endorse or oppose 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. 27. Required Audit. (A) If Contractor is funded by$500,000 or more in federal grant funds in any fiscal year ending after December 31, 2003 from any source, Contractor shall provide to County at Contractor's expense an audit conforming to the requirements set forth in the most current version of Office of Management and Budget Circular A- 133. (B) If Contractor is funded by less than $500,000 in federal grant funds in any fiscal year ending after December 31, 2003 from any source,but such grant imposes specific audit requirements; Contractor shall provide to County an audit conforming to those requirements. (C) If Contractor is funded by less than $500,000 in federal grant funds in any fiscal year ending after December 31, 2003 from any source, Contractor is exempt from federal audit requirements for that year,however, Contractor's records must be available for and an audit may be required by, appropriate officials of the federal awarding agency, the General Accounting Office (GAO),the pass-through entity and/or the County. If any such audit is required, Contractor shall provide County with such audit. With respect to the audits specified in (A), (B) and (C) above, Contractor is solely responsible for arranging for the conduct of the audit, and for its cost. 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. 28. Authorization. Contractor, or the representative(s) signing this Contract on behalf of Contractor, represents and warrants that it has full power and authority to enter into this Contract and perform the obligations herein. L-5 (Page 6 of 6) 0AContractsTiscal Year 2006-2007\Advanced Information Management-tempory employee\L-5 Gen*ontractor c �K Initials: _ County ept. Contra Costa County CONTRACT AMENDMENT AGREEMENT Number 49366 Standard Form L-7 (Purchase of Services - Long Form) Fund/Org# 03718 Revised 2602 Account# 02310 Other# 1. Identification of Contract to be Amended. Number: 49366 (as amended on November 6, 2006) Department: Library Subject: Temporary Employee (Contract Cataloger) through Advanced Information Management 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: AIM STAFFING, INC. Capacity: Corporation Address: 843 Castro Street, Mountain View, CA 94041 3. Amendment Date. The effective date of this Contract Amendment Agreement is January 1, 2007. 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. Signatures. These signatures attest the parties' agreement hereto: COUNTY OF CONTRA COSTA, CALIFORNIA BOARD OF SU EV RS ATTEST: Clerk of the Board of Supervisors By _ By < D ignee Deputy CONTRACTOR Name of business entity_ ATM ST A FFTNG,, IN(-_ Name of business entity, ATM STAFF TNC, By 2��c�-� By. (Signature of individual or officer) (Signature of individual or officer) Linda McKell, President Linda McKell, Secretary (Print name and title A, if applicable) (Print name and title A, if applicable) Note to Contractor:For Corporations(profit or nonprofit),the contract must be signed by two officers. Signature A must be that of the president or vice-president and Signature B must be that of the secretary or assistant secretary(Civil Code Section 1190 and Corporations Code Section 313). All signatures must be acknowledged as set forth on Form L•2. L-7 (Page 1 of 1) Contra Costa County APPROVALS/ACKNOWLEDGMENT Number Standard Form L-2 (Purchase of Services -Long Form) Revised 2002 APPROVALS RECOMMENDED BY DEPARTMENT FORM APPROVED COUNTY COUNSEL By: C�ii�.� ��. C, „c. By: Designee Deputy APPROVED: COUNTY ADMINISTRATOR By: Designee 'ACKNOWLEDGMENT STATE OF CALIFORNIA ) n C�a c ) ss. COUNTY OF ) On Z/ZD /0.7 , before me, insert name and title of the officer), personally appeared Tomz mceed personally known tom (or proved to me on the basis of satisfactory evidence)to be the person(-s}whose names}is/afe subscribed to the within instrument and acknowledged to me that he/she/th4& c executed the same in his/her/t4wir authorized capacity(4es),—and that by his�her/thetrsignature(s�on the instrument the person(s) or the entity upon behalf of which the person(s�acted, executed the instrument. K. C. OLSON R ~`� COMM. NO. 1595405 M WITNESS MY HAND AND OFFICIAL SEAL. ; �'°� - �� NOTARYPUBLIC-CALIFORNIA g „ COUNTY OF SANTA BARBARA I Ea4�aereagooeo®oanoeeoo1e1eeaBoaeino e,,IIen® gre (Seal) 1 ACKNOWLEDGMENT(by Corporation,Partnership,or Individual) (Civil Code§1189) L-2 (Page 1 of 1) Amendment Specifications A. Paragraph 5 of the Standard Contract and Paragraph 4 of each of the two Contract Extension Agreements are amended to.increase the payment limit to reflect amount owed plus the original contract amount as follows: The total contract amount is $26,315.63. Initials: Contractor Contractor County Dept. Page 1 0:\Contracts\Fiscal Year 2 006-2007\Advanced Information Management-tempory employee\Amend mer::Specifications-AIM.doc Contra Costa County CONTRACT EXTENSION AGREEMENT Number Standard Form S-5 (Purchase of Services - Short Form) Fund/Org# Revised 2002 Account# Other_# 1. Identification of Contract to be Extended. Number: Effective Date: June 19, 2006 Department: Library Subject: Temporary Employee (Contract Cataloger) through Advanced Information Management 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: AIM STAFFING; INC. Capacity: Corporation Address: 843 Castro Street, Mountain View, CA 94041 3. Extension of Term. The term of the above described Contract between the parties hereto is hereby extended from November 30, 2006 to March 31, 2007, unless sooner terminated as provided in said contract. 4. Payment Limit. Including the extended term of the contract, the maximum amount payable by the County under this Contract shall not exceed $25,000.00. 5. Signatures. These signatures attest the parties' agreement hereto: Approved: OA OF SUPERVIS . S Approved: County Administrator _.. 7�us9amr(�,�suyer1, C3enera�Ser?r`cFs�'epa,�tm .nt By: r ,,. By. Purchasingent,Designee Cm of Contra Cost. ( AO,Designee CONTRACTOR . Recommend e by Department B y: G! Gtr-l% By: Linda McKell, President Department, Designee (Print name and title) Anne Cain, County Librarian AIM STAFFING,INC. (Print name) Name of business entity, if applicable) ( CONTRACTOR FORM APPROVED Linda McKell, President SILVANO B.MA HEST,County Counsel (Print name and title) By Deputy AIM STAFFING, INC. Name of business entity, if applicable) F.-..-,r, Q_S (pans. 1 of 1) Contra Costa County CONTRACT EXTENSION AGREEMENT Number Standard Form S-5 (Purchase of Services - Short Form) Fund/Org# Revised 2002 Account# Other# 1. Identification of Contract to be Extended. Number. Effective Date: June 19, 2006 Department: Library Subject: Temporary Employee(Contract Cataloger) through Advanced Information Management 2. Parties. The County of Contra Costa,California(County),for its Department named above, and the followinj named Contractor mutually agree and promise as follows: Contractor: AIM STAFFING, INC. Capacity: Corporation Address: 843 Castro Street, Mountain View, CA 94041 3. Extension of Term. The term of the above described Contract between the parties hereto is hereby extender from October 13, 2006 to November 30, 2006,unless sooner terminated as provided in said contract. 4. Payment Limit. Including the extended term of the contract, the maximum amount payable by the Count,. under this Contract shall not exceed$25,000.00. 5. Signatures. These signatures attest the parties' agreement hereto: Approved: OARD OF SUPERVV190 tgife,Duzyer II Approved: County Administ for yenzr&Services Department -chasirg Divisicn B1-:.w, .N , L- y. Purch sin Agent, Designee CAO,Designee —CO TO • Recommended by epartment By: � ,' By: 4Ct,,i Department,Designee (Print name and title) Anne Cain, County Librarian AIM STAFFING, INC. (Print name) Name of business entity, if applicable) ZON7TRACTOR .. By; FORM APPROVED SILVANO B.MA CHESI County Counsel C,(� c�� By Deputy (Print name and title) AIM STAFFING,INC. Name of business entity, if applicable) Contra Costa County STANDARD CONTRACT Number Standard Form S-1 (Purchase of Services - Short Form) Fund/Org# Revised 2002 Account# Other# 1. Contract Identification. Department: County Library Subject: Temporary Employee (Contract Cataloger) through Advanced Information Management 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: AIM STAFFING, INC. Capacity: Corporation Address: 843 Castro Street,Mountain View, CA 94041 3. Term. The effective date of this Contract is June 19, 2006 and it terminates October 13, 2006 unless sooner terminated as provided herein. 4. Termination." This Contract may be terminated by the County, at its sole discretion, upon five-day advance written notice thereof to the Contractor, or cancelled immediately by written mutual consent. 5. Payment Limit. County's total payments to Contractor under this Contract shall not exceed$25,000.00. 6. County's Obligations. In consideration of Contractor's provision of services as described below,and subject to the payment limit expressed herein,County shall pay Contractor,upon Contractor's submission of a properly documented demand for payment(County Demand Form D-15)which shall be submitted not later than 30 days from the end of the month in which the contract services were rendered,and upon approval of such demand by the head of the County Department for which this Contract is made or his designee, as follows: [Check one alternative only] ❑hour, or ❑ a. FEE RATE: $ per service unit: ❑session, as defined below; or ❑calendar day(day, week or month) NOT TO EXCEED a total of service unit(s). Session is defined as: ❑b.Payment in full after approval by the Department. ® c. As set forth in the Payment Provisions paragraph of the attached Additional Provisions. ❑ d. As set forth in the Payment Provisions, attached. 7. Contractor's Obligations. Contractor shall provide the following described services: ❑ a. ®b. As set forth in Section A.(Contractor's Obligations)of the attached Additional Provisions which are incorporated herein by reference. 8. 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. 9. Administrative Amendments. Subject to the Payment Limit, the Payment Provisions and the Additional Provisions may be amended by a written administrative amendment executed by the Contractor (or designee) and the County Administrator (or designee), subject to any required state or federal approval, provided that such administrative amendment may not materially change the Payment Provisions or the Form S-1 (Page 1 of 3) Contra Costa County STANDARD CONTRACT Number Standard Form S-1 (Purchase of Services - Short Form)_ Revised 2002 Additional Provisions. 10. 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, ethnic background, disability,or sexual orientation, and that none shall be used,in whole or in part,for religious worship or instruction. 11. 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. 12. 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. 13. 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, the Comptroller General,the County, or any of their duly authorized representatives,this Contract and books,documents,and records of Contractor that are necessary to certify the nature and extent of all costs,and charges hereunder. Further,if Contractor carries out any of the duties of this Contract through a subcontract, with a value or cost of$10,000 or more over a twelve- month period, such subcontract shall contain a clause to the effect that upon written request and until the expiration of four years after the furnishing of services pursuant to such subcontract,the subcontractor shall make available, to the Secretary, the Comptroller General, the County, 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 hereunder. 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. 14. 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. 15. 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. 16. Nonrenewal. Contractor understands and agrees that there is no representation, implication, or understanding that the services provided by Contractor under this Contract will be purchased by County under a new contract following expiration or termination of this Contract,and waives all rights or claims to Form S-1 (Page 2 of 3) Contra Costa County STANDARD CONTRACT Number Standard Form S-1 (Purchase of Services - Short Form) Revised 2002 notice or hearing respecting any failure to continue purchasing all or any such services from Contractor. 17. Legal Authority. This Contract is entered into under and subject to the following legal authorities Government Code § 31000. 18. Signatures. These signatures attest the parties' agreement hereto: Approved: BOARD OF SUPER SORS Approved: County Administrator John Buckhaa,senirBuyer Gmeralservkes Deyftmemt Zg.06 Purchasi DivWm C By: Purcb"'�isQng agent,Design a By:— CAO, designee CONTRACTOR Recommended b Deg ent . BY: ����v �� By: Department,Designee L i N QA- J - Cb[r-,%�- (Print name and title) pkes I ue-4J T' Susan Caldwell,Administrative Services Officer AIM STAFFING,INC. (Print name) (Name of business entity,if applicable) CONTRACTOR: AIM STAFFING, INC. By: L( ii LZJ7. to CS L FORM APPROVED (Print name)sEC� SILVANO B. M RC SI Co nt�C,Couns� �j'rii�L1V}� By Deputy (Print title) Form S-1 (Page 3 of 3) 0ACA0-contracts\20061Advanced Information Management-tempory employec\S-1 Short Form Contract.doe Contra Costa County PAYMENT PROVISIONS Number Standard Form P-1 (Fee Basis Contracts - Long and Short Form) Revised 2002 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 ❑b. $ per unit, as defined in the Service Plan, or ❑ c. $ after completion of all obligations and conditions herein. ® d. Other: See Additional Provisions (Form S-2). 2. Payment Demands.Contractor shall submit written demands for payment on County Demand Form D-15 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 payment demands by the head of the County Department for which this Contract is made, or his designee, County will matte payments as specified in Paragraph 1. (Payment Amounts) above. 3. Penalty for Late Submission. If County is unable to obtain reimbursement from the State of California as a result of Contractor's failure to submit to County a timely demand for payment as specified in Paragraph 2. (Payment Demands) above, County shall not pay Contractor for such services to the extent County's recovery of funding is prejudiced by the delay even though such services were fully provided. 4. Right to Withhold. County has the right to withhold payment to Contractor when,in the opinion of County expressed in writing to Contractor, (a) Contractor's performance, in whole or in part, either has not been carried out or is insufficiently documented, (b) Contractor has neglected, failed or refused to furnish information or to cooperate with any inspection, review or audit of its program, work or records, or (c) Contractor has failed to sufficiently itemize or document its demand(s)for payment. 5. Audit Exceptions. Contractor agrees to accept responsibility for receiving,replying to,and/or complying with any audit exceptions by appropriate county, state or federal audit agencies resulting from its performance of this Contract. Within 30 days of demand, Contractor shall pay County the full amount of County's obligation,if any, to the state and/or federal government resulting from any audit exceptions,to the extent such are attributable to Contractor's failure to perform properly any of its obligations under this Contract. Initials: Contractor County Dept. Form P-1 (Page 1 of 1) Contra Costa County ADDITIONAL PROVISIONS Number Standard Form S-2 (Purchase of Services -Short Form) Revised 2002 A. Contractor's Obligations. During the term of this Contract, Contractor shall provide the following services: 1. Work with the Contra Costa County Library Technical Services staff on cataloging the Hercules collection and will report to the Collection Development/Technical Services Manager. 2. Work with Contra Costa County Library staff regarding: a. Online Computer Library Center ("OCLC") and Connexion Client orientation and training; search,retrieve, and modify appropriate OCLC records for materials selected for the new Hercules Library; b. Catalog print and media using current Machine.Readable Cataloguing ("MARC") tagging and Anglo-American Cataloguing Rules, 2nd Edition ("AACR2") rules for description; C. Catalog using Contra Costa County Library cataloging specifications; and d. Usage of County equipment for business purposes only. 3. Other assignments as agreed to. 4. Contractor shall provide services through the temporary placement of one of its employees. In accordance with Paragraph 11 ("Independent Contractor Status"),Contractor is responsible for paying the following for its own employees: a. The employee's wages; b. All federal, state, and local payroll taxes; C. Unemployment insurance; d. Workers' compensation insurance; and e. All other applicable deductions required by law. B. Payment Terms. County will pay Contractor a rate of$37.50 per hour for work performed under this agreement. Each week (AIM defines a workweek as beginning on Saturday and ends on Friday), the Contractor's employee will complete an AIM time sheet, submit it to Julie Italiano, or her designee, for signature, and fax or mail the time sheet to AIM on the last day worked during the work week or on Friday. Contra Costa County's representative's signature on the time sheet indicates acknowledgment.of the hours worked by the Contractor's Employee and agreement to pay for them. Overtime must be pre-authorized by both Cathy Sanford, Deputy County Librarian, and Contractor. Overtime is defined as: • Any time worked beyond eight (8)hours in a workday; (/w Initials: Contractor County Dept. Form S-2 (Page 1 of 2) 0ACA0-contracts\20WAdvanced Information Management-tcmpory employee\S-2 Additional Provisions.doc P Contra Costa County ADDITIONAL PROVISIONS Number Standard Foran S-2 (Purchase of Services - Short Form) Revised 2002 • Any time worked beyond forty (40) hours in a normal seven (7) day workweek. Each time Contractor's Employee shows up for work, County will pay Contractor a minimum of two (2)hours of pay regardless of the amount of time actually worked. Paragraph 2 of PAYMENT PROVISIONS (Form P-1) is deleted and the following new Paragraph 2 is inserted: Weekly,AIM will send an invoice (due upon receipt) and a corresponding copy of the time sheet to: Contra Costa County Library Administration Attention: Julie Italiano 750 Oak Park Blvd. Pleasant Hill, CA 94523 C. Workplace Safety. County is responsible for orientating and discussing any special safety rules and regulations pertaining to the Contractor's Employee's assignment. If the Contractor's Employee is injured while working on site, County will provide prompt medical treatment and contact AIM as soon as possible. Contractor's,Employee will not be authorized to operate a motor vehicle for work purposes without advanced written permission from AIM. D. Other. Paragraph 12(Disputes)of the Standard Contract is hereby deleted. The Paragraphs following deleted Paragraph 12 will keep their respective Paragraph number and will not be renumbered. Contractor will be contacted immediately if Contractor's Employee's performance is not satisfactory. Contractor will try to correct the problem or,at County's request,replace the Contractor's Employee as soon as possible. County will contact AIM of any change in job task as set out in Section A.(Contractor's Obligations) of this document. A rate increase and a special safety evaluation may apply. All expenses incurred by the Contractor's Employee while on assignment must be pre-approved by both County and Contractor. Unless otherwise agreed upon, expenses incurred by the Contractor's Employee on Contra Costa County Library's behalf will be billed di ctly to Contra Costa County Library. Initials: - Contractor Co my Dept. Form S-2 (Page 2 of 2) 0:%CAO-contracts\20D6\Advanced Information Management-tempory employec\S-2 Additional Provisions.doc