Title
a. Approve and authorize the Director of the Department of Social Services, or his designee, to sign an agreement with CareAccess Silicon Valley, Inc. for $10,920 for website maintenance to access third-party software, including non-standard Mutual Indemnification, Warranty and Liability provisions, for the period July 1, 2013 to June 30, 2015; and
b. Authorize the Director of the Department of Social Services, or his designee, to sign up to three (3) amendments to this agreement, where the total amendments do not exceed 10% of the original contract amount, and do not significantly change the scope of work.
Report
RECOMMENDATION:
It is recommended that the Board of Supervisors:
a. Approve and authorize the Director of the Department of Social Services, or his designee, to sign an agreement with CareAccess Silicon Valley, Inc. for $10,920 for website maintenance to access third-party software, including non-standard Mutual Indemnification, Warranty and Liability provisions, for the period July 1, 2013 to June 30, 2015; and
b. Authorize the Director of the Department of Social Services, or his designee, to sign up to three (3) amendments to this agreement, where the total amendments do not exceed 10% of the original contract amount, and do not significantly change the scope of work.
SUMMARY/DISCUSSION:
Contractor provides website access services to third party software used by Adult Protective Services (AACTS) case management program. In 2004, upon request of CareAccess, the County modified its standard unilateral indemnification provision to include mutual indemnity, based on each party's action or inaction under the agreement. The County has had an agreement with CareAccess since 2004.
It is recommended that the proposed contract's non-standard mutual indemnity, limited warranty and limited contractor's liability language be approved as modified, as set forth in the exhibits to this contract. It is the Department's position that these modifications to the County's standard provisions are necessary due to limited alternative resources for these services, the desire to preserve an ongoing positive relationship with the current provider, and the need for uninterrupted service. The new agreement contains the modified contractual language, and is being brought before the Board for approval.
OTHER AGENCY INVOLVEMENT:
The Auditor-Controller and Contracts/Purchasing have reviewed and approved this contract, with the exception of the non-standard language which is being submitted for Board approval. County Counsel has approved the agreement as to form.
FINANCING:
This agreement is funded with federal, state, and realignment revenues. Sufficient appropriations and estimated revenues are included in the FY 2013-14 Adopted Budget. Approval of this action has no impact on the County General Fund.
Prepared by: Bertha Gonzalez, Management Analyst, 4904
Approved by: Elliott Robinson, Director, 4434
Attachments:
CareAccess Agreement (AACTS) 2013/15
Original on file with Clerk of the Board