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JAN 2 1995 <br />BOOK 59 FD,E 11,10 <br />Attorney Brandenburg reported that the law says if it is a <br />planning or study activity over $5,000, it is necessary to use <br />the Competitive Negotiations Act. This, however, is not actually <br />a planning or study activity, and he did not feel it would be <br />necessary for the Board to use that act. <br />The County Attorney briefly reviewed some problems with the <br />contract, noting that while they are indicating they will do this <br />work, they are not guaranteeing that it will meet the county's <br />needs or that there will not be any problems nor warrantying that <br />if there should be, that they would fix them. Also, on the front <br />page of the contract it says that whatever they attached on the <br />back is only an estimate and whatever their actual cost is in <br />doing this work is what the County will pay. There is no <br />attachment A, however, to indicate the rate at which the County <br />would pay. Attorney Brandenburg felt sure the intent is clear, <br />but there should be some modifications. Another thing he pointed <br />out is that the contract provides that if we sue them, we have to <br />sue them in Orange County, and if they sue us, we have to pay <br />their attorney's fees even if we win; we also waive our right to <br />a jury trial. He felt this should be deleted. <br />Commissioner Wodtke was concerned about the legality of us <br />purchasing something and not being able to make it available to <br />somebody else, if this company retains the right to sell it. <br />Director Dean noted that this is just a modification of the <br />existing JAM II program (Jail Administration and Management <br />Prpgram), and the Administrator did not believe we would be <br />prohibited from giving it to someone. <br />Commissioner Scurlock stated that it appears there is some <br />difficulty within our Data Processing Department; either it is <br />understaffed or there are not enough competent people presently <br />on the Clerk's staff to accomplish some of these tasks. He asked <br />if we have considered the cost benefit ratio of paying the price <br />to bring someone on staff who could accomplish these kind of <br />things that seem to be very difficult to get to. <br />20 <br />