HomeMy WebLinkAboutMINUTES - 01041994 - 1.69 TO: BOARD OF SUPERVISORS
FROM: HARVEY E. BRAGDON
DIRECTOR OF COMMUNITY DEVELOPMENT
DATE: January 4, 1994
SUBJECT: AUTHORIZE COUNTY PURCHASING SERVICES OFFICER TO SIGN AGREEMENTS WITH
PLANNERS FOR THE COMMUNITY DEVELOPMENT DEPARTMENT
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
Authorize the Contra Costa County Purchasing Services Officer to
sign the following service contracts identified below:
1 . Contract amendment with Deidra Dingman for contract employee
Consultant Planner I services . This amendment effective
January 14 , 1994 will increase the current contract by $6, 510
(from $15, 500 to $22, 010) and extend the term of the contract
from January 14, 1994 to June 30, 1994 .
2 . Service contract with Delmar Tompkins for contract employee
Land Development Planner services for the amount of
$18, 963 . 00 . The service contract term is effective January 1,
1994 thru June 30, 1994 .
3 . Service contract with Ron Jackson for contract employee Zoning
Investigation services for the amount of $20, 560 . 00 . The
service contract term is effective January 1, 1994 thru June
30, 1994 .
FISCAL IMPACT
None . All costs are supported by application fee (s) .
CONTINUED ON ATTACHMENT: X YES SIGN
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDAM ARD COMMITTEE
APPROVE OTHER
SIGNATURE (S) :
ACTION OF BOARD ON January APPROVED AS RECOMMENDED XX OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
XX UNANIMOUS (ABSENT - - - TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
Contact: Ron deVincenzi (510) 646-2026 ATTESTED January 4, 1994
cc: Community Development Department (CDD) PHIL BATCHELOR, CLERK OF
Purchasing Agent, General Services Dept . THE BOARD OF SUPERVISORS
Contracts, Auditor-Controller AND COUNTY ADMINISTRATOR
BY X.-.C�- /`; � � DEPUTY
MB:cm
a:4misc\contract.brd
Purchasing Services Officer - Page 2
January 4 , 1994
BACKGROUND/REASONS FOR RECOMMENDATIONS
The Community Development Department employs contract-employee
planners and has done so during the economic recession. The
Department will continue this practice until the economy improves
and stabilizes . During this period, some contract-employee
planners will exceed the $25, 000 level or a rolling twelve (12)
month period when an amendment or new contract is recommended.
Contract are normally for a period of six months .
The above named contract-employees have gained value experience and
this experience is in continued need at this time .
aAmisc\contract.brd
Contra Costa County Number C4508100
Standard Form 2/92 SHORT FORM SERVICE Fund/Org # 3523-2310
CONTRACT AMENDMENT AGREEMENT Account #:
Other #
1. Identification of Contract to be Amended.
Number: C4508100
Effective Date : September 15 , 1993
Department : Community Development Department
Subject : Consultant - Planner I
2 . Parties . The County of Contra Costa, California (County) for its
Department named above, and the following named Contractor mutually agree and
promise as follows :
Contractor: Deidra Dingman
Capacity: Consultant - Planner I Taxpayer ID# 550-25-0218
Address: 144 Curry Street
Richmond, CA 94801
3 . Amendment Date. The effective date of this Contract Amendment Agreement
is January 14 , 1994 .
4 . Amendment Specifications. The Contract identified above is hereby amended
as set forth in the "Amendment Specifications" attached hereto which are
incorporated herein by reference.
5 . Signatures . These signatures attest the parties' agreement hereto.
COUNTY OF CONTRA COSTA, CALIFORNIA CONTRACTOR
By By
Designee
(Designate official capacity)
Recommended by Department
By .�.....�.�.►
Designee
Approved: County Administrator
By [FORM APPROVED BY COUNTY COUNSEL]
Designee
aAmisc\dingman.amd
J
AMENDMENT SPECIFICATIONS
1. Increase the contract amount by an additional $6,510.00 for services,
bringing the cumulative total to $22, 010.00 as itemized below:
$21, 510 = Services not to exceed 1,434 service units .
$ 500 = Mileage and miscellaneous expenses
2 . Extend the contract term from January 14, 1994 through June 30, 1994.
a Amisc\dingman.amd
INDEPENDENT CONTRACT EIQLOYEE MASTER F=
ON FILE WITH PAYROLL
W-4 ATTACHED
OATH ATTACHED
CONTRACT EMPLOYEE FOR THE Community Development DEPARTMENT
BUDGET UNIT 0352 ORG 3523 LOCATION CODE 3523
CONTRACT EMPLOYEE'S NAME Deidra Dingman
SOCIAL,SECURITY NUMBER 550-25-0218
CONTRACT DURATION FROM 9/15/93 THRU 6/30/94
TYPE OF PAYMENT
FDMD MONTHLY AMOUNT S
FDtED HOURLY RATE 15.00
OTHER
TOTAL AUTHORIZED CONTRACT AMOUNT S 22,010.00
CONTRACT REFERENCE NUMBER
PLEASE INDICATE: NEW Q
RENEWAL a
MODIFICATION a
SIGNATURE OF APPOINIlNG A ORITY
EMPLOYEE NUMBER
CLASS CODE
INSURANCE COVERAGE THROUGH
INDEPENDENT CONTRACTOR QUESTIONNAIRE
,II 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 a Taxpayer Identification Number).
For completion by Department Personnel:
YES NO
a. Do I, as the employer, have the richt to
control not only the result of the work,
but also the way in which it is done? ( )
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: PREPARED BY:
certify that the answers to
the above questions accurately
reflect the anticipated working
relationship. REVIEWE AND APPROVED BY:
. --iduk-
CAshlllnd-Cont.Qus
I. o9
SHORT FORM SERVICE CONTRACT
Contra Costa County Number
Standard Form 1/88 Fund/Org # 3520-2310-
Account # X96-58CPAD
Other #
1. Contract Identification.
Department: Community Development Department
Subject: Consultant - Planning Service
2. Parties. The County of Contra Costa. California (County), for its Department named above, and the following
named' mutually agree and promise as follows:
Contractor: Delmar Tompkins
Capacity: Land Development Planner Taxpayer ID# 547-84-3351
Address: 3184 Larchmont Lane
San Pablo, CA 94806
3. Term. The effective date of this Contract is January 1, 1994 and it terminates June 30. 1994 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 $ 18.963.00.
6. County'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 45 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:
[Check one alternative only]
(X) hour: or
[X] a. FEE RATE: $16.83 per service unit: ( ) session, as defined below: or
( ) calendar (insert day, week or month)
NOT TO EXCEED a total of 1.100 service unit(s).
[ ] b. Payment in full after approval by the Department.
[ ] c. As set forth in the attached Payment Provisions.
7. Contractor's Obligations. Contractor shall provide the following described services:
Review and make recommendations on land development applications. Provide customer service at Permit
Counter. Contractor will provide replacement service for a planner that is on leave during the contract
period and will be paid with the funds budgeted for that planner.
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
avaia e to al I qua i ie 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.
SHORT FORM SERVICE CONTRACT
Number
10. Independent Contractor Status. This Contract is by and between two independent contractors and is not
intended to and shal I not e 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) required by the State 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 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 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 terms 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, its governing
bodies, of icers, and employees from any and all claims, costs and liability for any damages, injury or
death arising directly or indirectly from, or connected with, the services provided hereunder and due to,
or claimed or alleged to be due to, negligence or willful misconduct of the Contractor, its officers,
employees, agents, subconsultants, or any person under its direction or control, save and except claims or
litigation arising through the sole negligence or sole willful misconduct of the County, and will make good
to and reimburse the indemnitees for any expenditures, including reasonable attorneys' fees, the indemnitees
may make by reason of such matters, and, if requested by any of the indemnitees, will defend any such suits
at the Contractor's sole cost and expense.
15. Legal Authority. This Contract is entered into under and subject to the following legal authorities:
California Government Code Sections 26227 and 31000.
16. Signatures. These signatures attest the parties' agreement hereto:
COUNTY OF CONTRA COSTA, CALIFORNIA CONTRACTOR
By esBy
ignee
Approved: Co (Designate official capacity)
By — --�—•
esignee
Recommended by Department
By
Designee
(Form approved by County Counsel)
a:4misc\tompkins.sht
INDEPENDENT CONTRACTOR QUESTIONNAIRE
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 a Taxpayer Identification Number).
For completion by Department Personnel:
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? ( )
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? O
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? ( ) X
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: PREPARED BY:
I certify that the answers to
the above questions accurately
reflect the anticipated working
relationship. REVIEWED AND APPROVED BY:
�—
cAshl\Ind-Cont.Qus
' INDEPENDENT CONTRACT EMPLOYEE MAE=FILE
OATH AND W-4 ON FILE W/PAYROLL w-a ATTACHED
OATH ATTACHED Q
CONTRACT EMPLOYEE FOR THE Community Development DEPARTMENT
BUDGET UNIT 3520 ORG 3520 LOCATION CODE 3520
CONTRACT EMPLOYEE'S NAME Delmar Tompkins
SOCIAL SECURITY NUMBER 547-84-3351
CONTRACT DURATION FROM 1/1/94 THRU 6/30/94
TYPE OF PAYMENT
FIXED MONTHLY AMOUNT S
FIXED HOURLY RATE $16.83
OTHER
TOTAL AUTHORIZED CONTRACT AMOUNT S 18996-3.00
CONTRACT REFERENCE NUMBER
PLEASE INDICATE: NEW 0
RErMWAL a
MODOCATION a
SIGNATURE OF POINTING AUTHORITY
EMPLOYEE NUMBER
CLASS CODE
INSURANCE COVERAGE THROUGH
- ►, meq
SHORT FORM SERVICE CONTRACT
Contra Costa County Number C4503400
Standard Form 1/88 Fund/Org #3420-2310
Account #
Other #
1. Contract Identification.
Department: Building Inspection Department
Subject: Zoning Investigation
2. Parties. The County of Contra Costa,California(County), for its Department named above, and the following named
Contractor mutually agree and promise as follows:
Contractor: Ronald Jackson
Capacity: Consultant Taxpayer ID# 567-40-3280
Address: 200 Sunrise Way
Vallejo, CA 94591
3. Term. The effective date of this Contract is 1-1-94 and it terminates 6-30-94 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 canceled immediately by written mutual consent.
5. Payment Limit. County's total payments to Contractor under this contract shall not exceed$20,560.00. (This amount
will be paid as follows: $20,460.00 for services, and $100.00 towards mileage at $0.28/mile and/or miscellaneous
expenses).
6. County'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 45 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:
[Check one alternative only]
[X] a. FEE RATE: $ 1,705.00 per service unit: [ X ] B i - m o n t h 1 y
NOT TO EXCEED a total of 12 service unit(s).
[ ] b. Payment in full after approval by the Department.
[ ] c. As set forth in the attached Payment Provisions.
4-
SHORT FORM SERVICE CONTRACT
Number C4503400
7. Contractor's Obligations. Contractor shall provide the following described services:
Perform zoning investigation services on a contract basis.
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) required by the State
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 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 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 terms 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, its governing bodies,
officers, and employees from any and all claims,costs and liability for any damages, injury or death arising directly
or indirectly from, or connected with, the services provided hereunder and due to, or claimed or alleged to be due
to, negligence or willful misconduct of the Contractor, its officers, employees, agents, subconsultants,or any person
-2-
SHORT FORM SERVICE CONTRACT
Number C4503400
under its direction or control, save and except claims or litigation arising through the sole negligence or sole willful
misconduct of the County, and will make good to and reimburse the indemnitees for any expenditures, including
reasonable attorneys' fees, the indernnitees may make by reason of such matters, and, if requested by any of the
indemnitees, will defend any such suits at the Contractor's sole cost and expense.
15. Legal Authority. This Contract is entered into under and subject to the following legal authorities: California
Government Code Sections 26227 and 31000.
16. Signatures. These signatures attest the parties' agreement hereto:
COUNTY OF CONTRA COSTA, CALIFORNIA CONTRACTOR
By: By: r t c ash c�
Designee ( esignate official capacity)
Recom ended by Department
By: � By:
Designee (Designate official capacity)
Approved: County Administrator
(Form approved by County Counsel)
By:
Designee
k4misc:\jackson.sht
-3-
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 right to
control not only the result of the work,
but also the way in which it is done? ) ( )
b. Am I setting the independent contractor's
hours? (p ( )
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 � t
specific job? (y)
( )
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 BY:
INDEPENDENT CONTRACT EMPLOYEE MAS=FILE
OATH AND W-4 ON FILE W/PAYROLL
W-4 ATTACHED
OATH ATTACHED
CONTRACT EMPLOYEE FOR THE Building Inspection DEPARTMENT
BUDGET UNIT 0341 ORG 3420 LOCATION CODE 3420
CONTRACT EMPLOYEE'S NAME Ronald Jackson
SOCIAL SECURITY NUMBER 567-40-3280
CONTRACT DURATION FROM 1/1/94 THRU 6/30/94
TYPE OF PAYMENT
FIXED MONTHLY AMOUNT S $1705.00 bi-monthly
FIXED HOURLY RATE
OTHER
TOTAL AUTHORIZED CONTRACT AMOUNT S 20,460.00 Labor and $100. Mileage at $0.28/Mile
• Total contract: $20,560.00
CONTRACT REFERENCE NUMBER 04503400
PLEASE INDICATE: NEW
RE. [E c/AL
MODIFICATION a
SIGNATtIRE OF APPOINTING A ORITY
EMPLOYEE NUMBER.
CLASS CODE
INSURANCE COVERAGE THROUGH