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HomeMy WebLinkAboutMINUTES - 12201994 - 1.65 TO: BOARD OF SUPERVISORS Contra JOAN V. SPARKS, DIRECTOR FROM: COMMUNITY SERVICES DEPARTMENT COSta Y` L December 23 1994 County DATE: APPROVAL OF CONTRACT NUMBER HS950419 FOR HEAD START FACILITIES SUBJECTSPECIALI ST. SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I . RECOMMENDED ACTION APPROVE and AUTHORIZE the Community Services Director, or her designee to execute a contract with John Bechtold for a payment limit by $19, 764 . The term of this contract is January 1, 1995 thru June 15, 1995 for the provision of Head Start Facilities Specialist to the Head Start Division of Community Services . II . FINANCIAL IMPACT This contract is funded with Head Start grant funds through the Federal Department of Health and Human Services and are reflected in CSD FY 1994-1995 budget. No County funds are required. III . CONSEQUENCES OF NEGATIVE ACTION A decision not to approve this Contract could result in the loss of needed Head Start Facilities Specialist to the Head Start Division and severely impair the project in meeting reporting and facility guidelines . IV. REASONS FOR RECOMMENDED ACTION The Community Services Department, through this Contract seeks to continue services of the Head Start Facilities Specialist for the first six months of 1995 calendar year. There is an existing contract between the Community Services Department and the Head Start Facilities Specialist(#HS 940419 ) . The amount is allocated for the services from the contract between the County and the Federal Department of Health and Human Services (Contract Number 09CH0375/28) is in the amount of $19,764 . CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD C MMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON ILA te 2.0 - ( 9 9 4, 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 SHOWN. Contact: Joan Sparks 313-7350 CC:CAO ATTESTED 1994 CSD PHIL BATCHELOR,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR M382 10/88 BY DEPUTY r , :onra Costa County Number HS950419 >tandard Form 1/87 SHORT FORM SERVICE CONTRACT Fund/Org#1426 G S D Account 2310 5 Other# qtl!� 1. Contract Identification. Department: Community Services Subject: Head Start Facilities Specialist 2. Parties. The County of Contra Costa, California (County), for its Department names above, and the following names Contractor mutually agree and promise as follows: Contractor: John G. Bechtold Capacity: An Individual Taxpayer ID#056-26-3562 Address: 3661 Vista Charonoak Walnut Creek, CA 94598 3. Term. The effective date of this Contract is January 1, 1995 and it terminates June 30, 1995 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 $19,764.00. 6. County's Obli ations. In consideration of Contractor's provision of services as described below,and subject to the payment limit expressed herein, County shall pay Contractor, upon submission of a properly documented demand for payment in the manner and form prescribed by County (Demand Form D-15) 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] (x)hour; or [X] a. FEE RATE: $19.65 per service unit: ( ) session, as defined below; or () calendar— (insert day, week or month) NOT TO EXCEED a total of 960 service unit(s). [) b. Payment in full after approval by the Department. [] c. As set forth in the attached Payment Provisions. 7. Contractor's Obli ate ions. Contractor shall provide the following described services: health services to Head Start- Children tarrChildren 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. II.* Disputes. Disagreements between the County and Contractor concerning the meaning, requirements, or .ierformance of this Contract shall be subject to final determination in writing by the head of the County Department for Nhich this Contract is made or his designee or in accordance with the applicable procedures (if any)required by the State 3f 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 services pursuant to this Contract, make available to the Secretary of Health and Human Service,s 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 terns regarding the maintenance or retention of records under this Contract and is binding on the heirs, successors, assigns and representatives of Contractor. 13. Reporting Requirements. Pursuant to Government Code § 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. 14. 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 employees or subcontractors hereunder, save and except claims for litigation arising through the sole negligence or sole willful misconduct of the County or its officers or employees. Contractor will make good to and reimburse the County for any expenditures,including reasonable attorneys fees,the County may make by reason of such matters and,if requested by the County will defend any such suits at the sole cost and expense of the Contractor. 15. Legal Authority. This Contract is entered into under and subject to the following legal authorities: 45 CFR §1300, et. seq. 16. Signatures. These signatures attest the parties' agreement hereto: COUNTY OF CONTRA COSTA, CALIFORNIA CONTRACTOR By By Gi• oCi Designe JOG G. Bechtold, Aproved: County Administrator An Individual By Designee Recommended by Department By esignee HEAD START FACILITIES SPECIALIST SERVICE PLAN The Head Start Facilities Specialist is responsible for the following: 1. Act as a liaison to the County General Services, Risk Management and other County, State and Federal agencies regarding facilities location, development, renovation and expansion. 2. Arrange for and coordinate maintenance, repair and remodelling needs for facilities. 3. Attend Head Start and other departmental meetings as required. 4. Act as liaison to Head Start Delegate Agencies and GOP regarding future facilities expansion. 5. Provide feedback to CSD Administrative Services Officer. 6. Attend required training meetings regarding licensing procedures. 7. Perform other duties as required by the CSD Director or her Designee. 8. Payment limit of this contract includes an allowance for mileage at the rate of.28 cents per mile, training and other out-of-pocket expenses not to exceed $900.00. Initials: �7 County Contractor QUESTIONNAIRE FOR 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 businesses with Taxpayer Identification number). For completion by Department Personnel YES NO a. Do I, as the employer, have the ri ht to control not only the result of the work, but also the way in which it is done? �4 ( ) 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? ( ) 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? ( ) 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 PRE Al BY: I certify that the answers to the above questions accurately reflect the anticipated working relationship. REVI WED AND APPROVED BY: (QUES.ICN) v , INDEPENDENT CONTRACT EMPLOYEE MASTER FILE W-4 ATTACHED [ ] OATH ATTACHED j ] CONTRACT EMPLOYEE FOR THE COMMUNITY SERVICES DEPARTMENT BUDGET UNIT 0588 ORG 1426 LOCATION CODE CONTRACT EMPLOYEE'S NAME JOHN G. BECHTOLD SOCIAL SECURITY NUMBER 056-26-3562 CONTRACT DURATION FROM JAN. 1 , 1995 THRU JUNE.30, 1995 TYPE OF PAYMENT FIXED MONTH AMOUNT FIXED HOURLY RATE $ 19.65 OTHER (MILEAGE) $900.00 TOTAL AUTHORIZED CONTRACT AMOUNT $19,764.00 CONTRACT REFERENCE NUMBER HS950419 PLEASE INDICATE: NEW [ ] RENEWAL [X] MODIFICATION [ ] NATURE Of APPOINTING AUTHORITY FOR PAYROLL USE ONLY EMPLOYEE NUMBER 33663 CLASS CODE INSURANCE COVERAGE THRU (INDEPEN.02)