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Agenda Item
ASR
Control 20-001176 |
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MEETING DATE: |
01/26/21 |
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legal entity taking action: |
Board of Supervisors |
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board of supervisors
district(s): |
All Districts |
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SUBMITTING
Agency/Department: |
Registrar of Voters
(Approved) |
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Department contact
person(s): |
Neal Kelley (714) 567-5139 |
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Kim Hostler (714) 567-5107 |
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Subject: Approval of Retroactive
Contract Amendment with DMT Solutions Global Corporation
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ceo CONCUR |
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Clerk of the Board |
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Concur |
Approved Agreement to Form |
Discussion |
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3 Votes Board Majority |
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Budgeted: Yes |
Current Year Cost:
See Financial Impact Section |
Annual Cost:
See Financial Impact Section |
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Staffing Impact: |
No |
# of Positions:
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Sole Source:
No |
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Current Fiscal Year Revenue: N/A
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Prior Board Action: 2/05/2019
#7, 2/06/2018 #29 |
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RECOMMENDED ACTION(S):
Retroactively authorize the County Procurement Officer or authorized Deputy to execute Amendment Number One to DMT Solutions Global Corporation DBA BlueCrest Contract for maintenance support for the contract term of September 27, 2018, through September 26, 2023, to increase the contract total not to exceed amount by $290,000, for a new revised total amount not to exceed $1,097,145.
SUMMARY:
Retroactive approval of Amendment Number One to the DMT Solutions Global Corporation DBA BlueCrest contract will allow Registrar of Voters to pay outstanding invoices for additional maintenance support and meet future servicing needs.
BACKGROUND INFORMATION:
On February 6, 2018, as required by County Contract Policy Manual, Board of Supervisors (Board) approval was requested and granted authorizing a lease to own purchase and maintenance agreement with Pitney Bowes Inc. On March 19, 2018, the Registrar of Voters, Printing and Graphics (ROV P&G) executed the approved contract with Pitney Bowes Inc. for a lease to own purchase of a digital production color inkjet printer. Additionally, on September 27, 2018, after taking delivery of purchased equipment, ROV P&G executed the approved maintenance agreement to provide the necessary maintenance needed for the newly acquired printer.
An assignment and consent agreement was subsequently approved by the Board on February 5, 2019, transferring the Contract to DMT Solutions Global Corporation DBA BlueCrest (BlueCrest).
The original Contract for software and hardware maintenance and support did not contain an agreed upon fee for 2nd and 3rd shift work, unlike similar contracts held by ROV with BlueCrest. The language in the original Contract instead referenced the ability to contract such services for an additional cost. During the March 2020 Primary Election printing cycle, it became necessary for BlueCrest to perform service support during 2nd and 3rd shifts. It was assumed by both ROV P&G and BlueCrest staff that these services were covered under the existing contract, creating a retroactive invoice for services performed.
As shown in the Contract Summary Form - Attachment C, language has now been added to the contract to allow for multiple configurations of shift work.
The following table details the contract history with BlueCrest for a similar service of maintenance of digital production color inkjet printer.
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Board Date |
Purpose |
Date of Contract |
Amount |
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2/6/2018 |
Contract with Pitney Bowes, Inc., for Maintenance of Digital Production Color Inkjet Printer |
9/27/18 - 9/26/23 |
$807,145.00 |
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2/5/2019 |
Assignment and Consent Agreement to transfer and assign Maintenance of Digital Color Inkjet Printer Contract to DMT Solutions Global Corporation DBA BlueCrest |
9/27/18 - 9/26/23 |
$807,145.00 |
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Pending |
Amendment Number One to amend: Attachment A, Scope of Work; Attachment B, Maintenance Schedule; Attachment D, Fees and Compensation; and add Attachment F, SL600 Digital Preventative Maintenance Guide |
upon approval - 9/26/23 |
$1,097,145.00 |
Contractor performance has been confirmed as at least satisfactory. ROV has verified that there are no concerns that must be addressed with respect to contractor's ownership/name, litigation status or conflicts with County interests.
ROV now requests retroactive Board approval of Amendment Number One to the contract with BlueCrest for the past contract term of September 27, 2018, through September 26, 2023, to increase the contract by $290,000, for a revised contract total amount not to exceed $1,097,145 in order to pay outstanding invoices and secure service allowances for future needs. Retroactive approval is requested to pay charges that were incurred for service rates not defined by the original contract. All services were fully in scope and rendered during the contract term. The contract increase is requested to cover future maintenance costs related to additional shifts, on-call and weekend support. This contract will now mirror the service agreements held between ROV and BlueCrest for similar equipment.
This contract does not currently include
subcontractors or pass through to other providers. See Attachment C for the Contract Summary
Form.
FINANCIAL IMPACT:
Appropriations for this Contract are included in the FY 2020-21 Budget and will be included in the budgeting process for future years. See below for more detail regarding the Contract Operating Expenses
The contracts contain language allowing ROV to terminate the contract without penalty with cause or after 30 days of written notice without cause in the event that funding is reduced and/or not available to continue funding the contract.
STAFFING IMPACT:
N/A
ATTACHMENT(S):
Attachment A - Amendment Number One to Contract
MA-031-18010729
Attachment B - Redline Version of Original Contract
Attachment C - Contract Summary Form