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Home My WebLink AboutMINUTES - 12131994 - 1.74 To __ ,, BOARD OF SUPERVISORS CQ + ,-- -, Er FROM: ., Victor J. Westman, County Counsel �: _ . < Costa County DATE: December 7, 1994 'r a SUBJECT: Approval of Service Contract with Vivian Lily SPECIFIC REOUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. RECOMMENDED ACTION. Approve and authorize County Counselor, designee to ,execute a temporary legal services contract with Vivian Lily for the period from December 16, 1994, through April 30, 1995 , at the rate of $25 per hour. II. FINANCIAL IMPACT. This contract will be funded from County Counsel revenue from its fee charges and can be terminated upon three days ' notice during its term should revenue fee charges no longer be available. III. BACKGROUND. The approval of this contract will allow the County Counsel' s staff to continue to perform additional work for various clients (Retirement, Small Claims, etc. ) to maintain current levels of legal services. Also, its approval will provide contin- uity of legal services for pending litigation during its term. • fR ;1 D ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURES: ACTION OF BOARD ONDE'�'f'm Pr 1 -1 9 1994 APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS(ABSENT _ AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWt4. cc: County Counsel ATTESTED Auditor-Controller PHIL BATCHELOR,CLERK OF THE BOARD of SUPERVISORS AND COUNTY ADMINISTRATOR BY DEPUTY M382 (10/88) i TEMPORARY LEGAL SERVICES CONTRACT Number Fund/Org# 1705 Acct.#2314 Other# 1. Contract Identification. Department: County Counsel Subject: Temporary Legal Services 2. Parties. The County of Contra Costa, California (County), for its Department named above, and I the following named Contractor mutually agree and promise as follows: CONTRACTOR: V AN LILY CAPACITY: An Individual TAXPAYER ID: 549-86-9974 ADDRESS: 633 Michael Lane, Lafayette, CA 94549 3. Term. The effective date of this Contract is December 16, 1994, and it terminates on April 30, 1995, unless sooner terminated as provided herein. 4. Termination. This Contract may be terminated by the County (the County Counsel), at its sole discretion, upon three-day advance written notice thereof to the Contractor, or canceled immediately by written mutual consent. 5. Payment Limit. Except as hereinafter provided in section 6 "County's Obligations," County's total payments to Contractor under this Contract shall not exceed $11,400. Additionally, Contractor shall be reimbursed for mileage for travel in his/her personal vehicle to and from the office and various courts as his/her assignments require, such reimbursement to be paid at the same rate and manner as if he were a County employee. 6. CogM'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: [x] a. FEE RATE: $25.00 per service unit (1 unit = 1 hour), as defined below; Not to exceed a total of 456 service unit(s). In addition to the 456 total service units, an additional 144 service units may be authorized to be performed on or before April 30, 1995 at$25.00 per service unit and otherwise subject to this agreements' provisions where the County Counsel has first authorized and directed(in writing) the performance of any said additional units. [ ] b. Payment in full after approval by the Department. [ ] c. As set forth in the attached Payment Provisions. 7. Contractor's Oblijzations. As assigned, Contractor shall provide the following described services on non-holiday weekdays: Temporary legal services for the County Counsel including, but not limited to, legal research and advice, administrative and court hearings (retirement disability proceedings,juvenile, LPS, etc.), small claims advice, and the drafting and review of documents, but payment shall not exceed 8 hours for any non-holiday weekday worked. 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. 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, or ethnic background, or handicap, and that none shall be used, in whole or in part, for religious worship or instruction. 10. 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. 11. 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) or Federal Government. 12. 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 the services pursuant to this Contract,make 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 the 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, document, 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 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. 2 P-eL� 13. 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 shad apply only if the payment limit under this Contract exceeds $5000. 14. Immunity and Indemnification. In performing legal services for the County Counsel, Contractor shall be regarded as an employee of the County for purposes of the Tort Claims Act (Gov. Code, §§ 825 et seq.) and protected by the same immunities and right to indemnification extended by that Act to public employees. 15. Legal Authority. This Contract is entered into under and subject to the following legal authorities: California Government Code sections 26227 and 3100. 16. Signatures. These signatures attest the parties' agreement hereto: COUNTY OF CONTRA COSTA, CALIFORNIA CONTRACTOR By County CoungAff VIVIAN LILY, Individual APPROVED BY COUNTY ADMINISTRATOR'S OFFICE Ant ony Enea 1i1y4.95\cntct:gmm 3 :-L LI QUESTIONNAIREFOR DETERMINING INDEPENDENT CONTRACTOR PAYMENT METHOD All new or renewal independent contractor agreements that do not meet IRS criteria for independent contract status must be paid through the payroll system so that withholding taxes and Social Security can be deducted. (Note: This does not apply in the case of contracts with corporations, temporary help agencies, partnerships or established business with Taxpayer Identification number.) To be completed by Department: YES NO A. Do I, as the employer, have the right to control not only the result of the work, but also the way in which it is done? V B. Am I setting the independent contractor's hours? C. Is the independent contractor restricted from taking jobs from other businesses at the same time they are working for me? D. Do I or other departments have employee(s) with similar duties as the independent contractor? V E. Does the County supply assistants to the contractor? F. Is the duration of employment for a specific period of time rather than a specific job? V G. Does the County furnish training, tools, or equipment to the contractor? A "yes" answer to any of the above questions will constitute justification for paying the contractor through the payroll system. CONTRACTOR CERTIFICATION PREPARED BY: I certify that the answers to the above questions accurately reflect the anticipated working relationship. REVIEWED AND APPROVED BY: Vivian Lily, Contractor 2d4• e a 12142� 1i1y4.95\cntct_gmm VICTOR J. 4TESTMAN 4