HomeMy WebLinkAboutMINUTES - 12191995 - C86 %TO: BOARD OF SUPERVISORS ''` Contra
1�FROM: + JOAN V. SPARKS, DIRECTOR
•� "� i C'OStd
COMMUNITY SERVICES DEPARTMENT ot �... :s
County
DATE: December 4, 1995 °
SUBJECT: APPROVAL OF ADMINISTRATIVE SERVICES CONTRACTS
FOR THE COMMUNITY SERVICES DEPARTMENT
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I. RECOMMENDED ACTION:
APPROVE and AUTHORIZE the Community Services Director, or her designee, to execute on
behalf of the County, administrative services contracts as listed below:
Number Contractor/Services (January 1, 1996 through December 31, 1996) Payment Limit
38-361-2 Elizabeth Hutchins (Contracts and Grants Administrative Services) $ 24,500
38-362-4 Darlyn Gerber (Contracts and Grants Administrative Services) $ 57,200
38-565-1 Jayna Ng (Contracts and Grants Administrative Services) $ 30,918
II. FINANCIAL IMPACT:
These contracts are included in the Community Services Department's budget for Fiscal Year 1995-
96 and will be included in the proposed 1996/97 budget. Funds for these contracts are allocated
among the programs Community Services administers:
Head Start
Child Care and Development Programs
Low Income Housing Energy Assistance Program (LIHEAP)
Community Block Grant Programs
III. REASONS FOR RECOMMENDATIONS/BACKGROUND:
It is necessary to approve the contracts specified above so as to continue central administrative
services for the Community Services Department without interruption. t
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOAD OMMITTEE
APPROVE OTHER
SIGNATURES:
ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
1 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 1
CC: CAO ATTESTED
CSD PHIL BATCHELOR,CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
DG
BY ,DEPUTY
M082 (10/88)
Contra Costa County Number 38-361-2
Standard Form 1/88 SHORT FORM SERVICE CONTRACT Fund/Org # 1407
Account # 2310
1. Contract Identification. Other #
Department: Community Services
Subject: Contracts and Grants Administration Services
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: ELIZABETH P. HUTCHINS
Capacity: Self-employed individual Taxpayer_ID # 559-32-2502
Address: 3109 #2 Lakemont Drive, San Ramon, California 94583
3. Term. The effective date of this Contract is January 1, 1996 and it terminates
December 31, 1996 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
$ 24,500
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 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:
[Check one alternative only]
(X) hour; or
[X] a. FEE RATE: $ 50.00 per service unit: ( ) session, as defined below; or
O calendar (day, week or month)
NOT TO EXCEED a total of 490 service unit(s).
[ ] b. Payment in full after approval by the Department.
[ ] c. As set forth in Section B.(Payment Provisions) of the attached Additional Provisions.
7. Contractor's Obligations. Contractor shall provide the following described services: As set forth in
Section A. (Contractor's Obligations) of the attached Additional Provisions which are incorporated
herein by reference.
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.
-1-
Contra Costa County SHORT FORM SERVICE CONTRACT Number 38-361-2
ill. 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 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 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 or connected with the operations or services of the
Contractor or its agents, servants, employees or subcontractors hereunder, save and except claims or
litigation arising through the sole negligence or sole willful misconduct of the County or its officers or
employees. Contractor will reimburse the County for any expenditures, including reasonable attorneys'
fees, the County may make by reason of the matters that are the subject of this indemnification, and
if requested by the County will defend any claims or litigation to which this indemnification provision.
applies at the sole cost and expense of the Contractor.
15. Legal AuthoritX. This Contract is entered into under and subject to the following legal authorities:
California Government Code Sections 26227 and 31000 and 45 CFR Section 1300, et.seq.
16. Signatures. These signatures attest the parties' agreement hereto:
COUNTY OF CONTRA COSTA, CALIFORNIA CONTRACTOR
By Designee By
Approved: County Administrator
Self-employed individual
By Designee (Designate official capacity)
Recommended by Department
By Designee -2- [Form approved by County Counsel]
Y ADDITIONAL PROVISIONS
Number 38-361-2"
1. Contractor's Obligations.
a. Contractor's Oualifications. Contractor hereby certifies and assures that she is specially
trained and competent to perform special Contracts and Grants Administration services.
Contractor shall render such special services for County at certain times and locations
specified by the head of the County Department for which this contract is made, or his/her
designee as stated herein.
b. Service Activities. Contractor shall, under the direction of the Director, Community
Services Department(CSD), and in accordance with established County contract procedures,
provide the following services:
(1) Evaluate and modify the existing Departmental contract procedures manual, standard
contract formats, letters and memoranda related to contract development and-
processing
ndprocessing in accordance with County Administrator's Office policy and County
Counsel requirements.
(2) Consult with CSD administrative staff regarding grant applications and funding
sources.
(3) Provide training to Department staff on:
(a) Overall contract,process,
(b) Contract planning and development and procedures, and
(c) CSD staff requirements in contract planning, development and processing.
(4) Provide CSD with contract planning, development and processing of existing and
new contract assignments.
(5) Work with CSD contractors in relation to service plans, contract signatures, and
contract completion.
(6) Assist CSD to develop and maintain a contract numbering system, tracking system,
distribution system, and master file of all CSD contracts.
(7) Advise the Director of potential or actual CSD contract problems with
recommendations for resolution.
Initials:
Contractor County Dept
- ADDITIONAL PROVISIONS
Number 38-361-2' `
(8) Develop Request for Proposal (RFP) process and documents.
(9) Perform other duties as assigned.
2. Automobile Insurance. During the entire term of this contract and any extension or modification
thereof, Contractor shall keep in effect a policy or policies of motor vehicle liability insurance for
any use Contractor makes of a private automobile in the performance of this contract, as required
by State law.
3. Progress Reports. Contractor shall submit periodic progress reports, written or oral, upon
request to County's Community Services Department Director, or her designee, detailing
Contractor's accomplishments in providing services hereunder.
Initials:
Contractor County Dept
i
Contra Costa County
Standard Form
Revised 1/95
WITHHOLDING AND FICA DEDUCTIONS ADDENDUM TO INDEPENDENT
CONTRACTOR--SUBJECT TO WITHHOLDING SHORT FORM CONTRACT
Withholding and FICA Deductions. Notwithstanding Paragraph 14. (Independent Contractor
Status) above, for purposes of withholding state and federal taxes and Social Security gnly from
payments due, the Auditor-Controller will make deductions for these purposes. Contractor is
not a County employee. Contractor further understands that the County has no obligations to
provide, and Contractor will not be provided fringe benefits, including but not limited to,
vacation, sick leave, retirement, and health plan coverage. The County will provide workers'
compensation coverage and unemployment insurance if County has the right to control the way
in which work is done.
Initials:
Contractor County Dept.
• 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? [ ] [X]
b. Am I setting the independent contractor's
hours? [ ] [X]
c. Is the independent contractor restricted
from taking jobs from other businesses at
the same time they are working for me? [ ] [X]
d. Do I or other'departments have employee(s)
with similar duties as the independent
contractor? [X] [ ]
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? [X] [ ]
g. Does the County furnish training, tools,
or equipment to the contractor? [X] [ ]
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 X
reflect the anticipated working
relationship. REVIEWED AND APPROVED BY:
X X
Department Head/Authonzed Designee
INDEPENDENT CONTRACT EMPLOYEE MASTER FILE
ORIGINAL IN PAYROLL FILE [ X ]
CONTRACT EMPLOYEE FOR THE COMMUNITY SERVICES DEPARTMENT
BUDGET UNIT 0588 ORG 1407 LOCATION CODE
-CONTRACT EMPLOYEE'S NAME ELIZABETH P. HUTCHINS
SOCIAL SECURITY NUMBER 559-32-2502
CONTRACT DURATION FROM January 1, 1996 THRU December 31, 1996
TYPE OF PAYMENT FIXED MONTH AMOUNT $
FIXED HOURLY RATE $50.00
OTHER
TOTAL AUTHORIZED CONTRACT AMOUNT $24,500
CONTRACT REFERENCE NUMBER 38-361-2
PLEASE INDICATE: NEW [ ]
RENEWAL [ X )
MODIFICATION [ ]
SIGNATURE OF APPOINTING AUTHORITY
M vkvvbll
EMPLOYEE NUMBER
CLASS CODE
INSURANCE COVERAGE THRU
CONTRA COSTA COUNTY
INDEPENDENT CONTRACTOR--SUBJECT TO WITHHOLDING
QUESTIONNAIRE
DEPARTMENT USE ONLY
1. Contract Reference #: 38-361
2. Please Indicate: New Contract # Renewal # 38-361-2
3. Total Authorized Amount: $ 24,500
4. Independent Contractor's Name: Elizabeth P. Hutchins
5. Department: Community Services Org. # 1407
6. Social Security Identification Number: 559-32-2502
7. Contract Period From: January 1, 1996 To: December 31, 1996
Month/Day/Year Month/Day/Year
8. Project/Program: Community Services Position: Contracts and Grants Administration
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
INDEPENDENT CONTRACTOR
Contra Costa County is surveying the number of independent contractors with whom it does business
to measure its affirmative action progress with independent contractors. Please answer all questions by
placing an "X" in the appropriate box. This information is voluntary and will be kept separate and
confidential.
A. ARE YOU: * B. ARE YOU:
1. X White 1. _ Male
2. _ Black 2. X Female
3. _ Hispanic
4. _ Asian C. ARE YOU OVER 40 YEARS OLD?
5. _ Filipino 1. X Yes
6. _ American Indian 2. _ No
7. _ Pacific Islander
D. Date of Birth: 12/6/25
Month/Day/Year
* Only one box may be marked. Persons of mixed races should classify according to the race/ethnic
group with which they identify. Definitions are on the reverse side of this questionnaire.
Independent Contractor's Signature Date
Received and Accepted By:
Department Head/Authorized Agent
Return completed forms to: Human Resources Department
651 Pine Street, 2nd Floor, Martinez, CA 94553
icsa.afl 9/95
Contra Costa County Number 38-362-4
Standard Form 1/87 STANDARD CONTRACT Fund/Org# 1407
(Purchase of Services) Account # 2310
1. Contract Identification.
Department: Community Services
Subject: Consultation and technical assistance regarding Contracts and Grants Administration
2. Parties. The County of Contra Costa, California (County), forits its Department named above, and the
following named Contractor mutually agree and promise as follows:
Contractor: DARLYN GERBER
Capacity: Self-employed individual Taxpayer ID # 301-32-9189
Address: 1363 Meadow Glen Way, Concord, California 94521
3. Term. The effective date of this Contract is January 1, 1996 it terminates
December 31, 1996 unless sooner terminated as provided herein.
4. Payment Limit. County's total payments to Contractor under this Contract shall not exceed
$ 57,200
5. County's Obligations. County shall make to the Contractor those payments described in the Payment
Provisions attached hereto which are incorporated herein by reference, subject to all the terms and
conditions contained or incorporated herein.
6. Contractor's Obligations. Contractor shall provide those services and carry out that work described
in the Service Plan attached hereto which is incorporated herein by reference, subject.to all the terms and
conditions contained or incorporated herein.
7. General and Special Conditions. This Contract is subject to the General Conditions and Special
Conditions (if any) attached hereto, which are incorporated herein by reference.
8. Project. This Contract implements in whole or in part the following described Project, the application
and approval documents of which are incorporated herein by reference: Community Services Department
Programs.
9. Legal Authoritx. This Contract is entered into under and subject to the following legal authorities:
California Government Code: Sections 26227, 31000, 53703 and P.L. 97-35 as amended.
10. Signatures. These signatures attest the parties' agreement hereto:
COUNTY OF CONTRA COSTA, CALIFORNIA
BOARD OF SUPERVISORS ATTEST: Phil Batchelor, Clerk of the Board of
Supervisors and County Administrator
By
Chairman/Designee Deputy
CONTRACTOR
By By
Self-employed individual
(Designate business capacity A) (Designate business capacity B)
Note to Contractor:For Corporations(profit or nonprofit),the contract must be signed by two officers. Signature A must be that of the president or vice-president and
Signature B must be that of the secretary or assistant secretary (Civil Code Section 1190 and Corporations Code Section 313). All signatures must be acknowledged as set
forth on page two.
t'
rContra Costa County Standard Form(Rev. 1/95)
APPROVALS/ACKNOWLEDGMENT
Number 38-362-4
APPROVALS
RECOMMENDED BY DEPARTMENT FORM APPROVED
COUNTY COUNSEL
By By
Designee Deputy
APPROVED: COUNTY ADMINISTRATOR '
By:
Designee
ACKNOWLEDGMENT
STATE OF CALIFORNIA )
ss.
COUNTY OF CONTRA COSTA )
On , before me,
(insert name and title of the officer), personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS MY HAND AND OFFICIAL SEAL.
(Seal)
Signature
ACKNOWLEDGMENT(by Corporation, partnership,or Individual)
(Civil Code§1189)
Contra Costa County PAYMENT PROVISIONS Standard Form 6/90
(Fee Basis Contracts)
Number 38-362-4
1. Payment Amounts. Subject to the Payment Limit of this Contract and subject to the following Payment
Provisions, County will pay Contractor the following fee as full compensation for all services, work,
expenses or costs provided or incurred by Contractor:
[Check one alternative only.]
[ ] a. $ monthly, or
[X] b. $ 50.00 per unit, as defined in the Service Plan, or
[ ] c. $ after completion of all obligations and conditions herein.
2. Payment Demands. Contractor shall submit written demands. Said demands shall be made on County
Demand Form D-15 and in the manner and form prescribed by County. Contractor shall submit said
demands forpayment no later than 30 days from the end of the month in which the contract services
upon which such demand is based were actually rendered. Upon approval of said payment demands
by the head of the County Department for which this Contract is made, or his designee, County will
make payments as specified in Paragraph 1. (Payment Amounts) above.
3. Penalty for Late Submission. When Contractor fails to submit to County a timely demand for payment
as specified in Paragraph 2. (Payment Demands) above, and as a result of Contractor's late submission
the County is unable to obtain reimbursement from the State of California or otherwise; to the extent
the County's recovery of funding is prejudiced, County shall not pay Contractor for such services, even
though such services were fully provided.
4. Right to Withhold. County has the right to withhold payment to the Contractor when, in the opinion
of the County expressed in writing to the Contractor, (a) the Contractor's performance, in whole or in
part, either has not been carried out or is insufficiently documented, (b) the Contractor has neglected,
failed or refused to furnish information or to cooperate with any inspection, review or audit of its
program, work or records, or(c) Contractor has failed to sufficiently itemize or document its demand(s)
for payment.
5. Audit Exceptions. Contractor agrees to accept responsibility for receiving, replying to, and/or
complying with any audit exceptions by appropriate County, State or Federal audit agencies'occurring
as a result of its performance of this Contract. Contractor also agrees to pay to the County within 30
days of demand by County the full amount of the County's obligation, if any, to the State and/or
Federal government resulting from any audit exceptions, to the extent such are attributable to the
Contractor's failure to perform properly any of its obligations under this Contract.
Initials:
Contractor County Dept.
SERVICE PLAN
Number 38-362-4
1. Contractor's Obligations.
a. Contractor's Oualifications. Contractor hereby certifies and assures that she is specially
trained and competent to perform special Contracts and Grants Administration services. Contractor shall render
such special services for County at certain times and locations specified by the head of the County Department
for which this contract is made, or his/her designee as stated herein.
b. Service Activities. Contractor shall, under the direction of the Director, Community
Services Department (CSD), and in accordance with established County contract procedures, provide the
following services:
(1) Complete a Contract and Grants Manual for use by Community Services Department
staff for contract development and processing in accordance with County
Administrator's Office policy and County Counsel requirements.
(2) Provide training to Department staff on:
(a) Overall contract process,
(b) Contract planning, development and procedures, and
(c) CSD staff requirements in contract planning,development and processing.
(3) Assist CSD Contracts and Grants Administration with contract planning,
development and processing of existing and new contract assignments.
(4) Assist CSD Contracts and Grants Administration in developing a contracts and grants
database and maintaining a tracking system and master file of all CSD contracts.
(5) Assist CSD in developing a Request for Proposal (RFP) process and RFP document
for Head Start services in East Contra Costa County.
(6) Provide telephone consultation to Contracts and Grants Administration regarding
Contracts and Grants assignments, problems, and issues.
(7) Perform other duties as assigned.
2. Definition of Service Unit. A unit of service, for payment purposes, is defined as one (1) full
hour of Contracts and Grants Administration services.
3. Progress Reports. Contractor shall submit periodic progress reports, written or oral, upon request
to County's Community Services Department Director, or her designee, detailing Contractor's accomplishments
in providing services hereunder.
Initials:
Contractor County Dept
SPECIAL CONDITIONS
Number 38-362-4
1. Insurance. Paragraph 19. (Insurance) of the General Conditions is hereby deleted and replaced by a
new Paragraph 19. to read as follows:
"19. Automobile Insurance. During the entire term of this contract and any extension or modification
thereof, Contractor shall keep in effect a policy or policies of motor vehicle liability insurance for any use
Contractor makes of a private automobile in the performance of this contract, as required by State law."
2. Required Audit. Paragraph 27. (Required Audit) of the General Conditions is hereby deleted.
Initials:
Contractor County Dept
Contra Costa County Standard Form 1/87
GENERAL CONDITIONS '
(Purchase of Services)
1. 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.
.2. Inspection. Contractor's performance, place of business and records pertaining to this Contract are
subject to monitoring, inspection, review and audit by authorized representatives of the County, the State of
California, and the United States Government..
3. Records. Contractor shall keep and make available for inspection and copying by authorized
representatives of the County, the State of California, and the United States Government, the Contractor's
regular business records and such additional records pertaining to this Contract as may be required by the
County.
a. Retention of Records. The Contractor shall retain all documents pertaining to this Contract for
five years from the date of submission of Contractor's final payment demand or final Cost Report; for any .
further period that is required by law; and until all Federal/State audits. are complete and exceptions resolved
for this contract's funding period. Upon request, Contractor shall make these records available to authorized
representatives of the County, the State of California, and the United States Government.
b. 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 or to the Comptroller General, 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 County, to the Secretary or to the Comptroller
General, 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 thereunder.
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.
4. 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 shall apply only if the payment limit under
this Contract exceeds $5,000.
5. Termination.
a. Written Notice. This Contract may be terminated by either party, at their sole discretion, upon
thirty-day advance written notice thereof to the other, and may be cancelled immediately by written mutual
consent.
1
Contra Costa County Standard Form 1/87
GENERAL CONDITIONS
(Purchase of Services)
b. Failure to Perform. The County, upon written notice to Contractor, may immediately terminate
this Contract should the Contractor fail to perform properly any of its obligations hereunder. In the event of
such termination, the County may proceed with the work in any reasonable manner it chooses. The cost to
the County of completing Contractor's performance shall be deducted from any sum due the Contractor under
this Contract, without prejudice to the County's rights otherwise to recover its damages.
c. Cessation of Funding. Notwithstanding Paragraph 5.a. above, in the event that Federal, State,
or other non-County funding for this Contract ceases, this Contract is terminated without notice.
6. Entire Agreement. This Contract contains all the terms and conditions agreed upon by the parties.
Except as expressly provided herein, no other understanding', oral or otherwise, regarding the subject matter
of this Contract shall be deemed to exist or to bind any of the parties hereto.
7. Further Specifications for Operating Procedures. Detailed specifications of operating procedures
and budgets required by this Contract, including but not limited to, monitoring, evaluating, auditing, billing,
or regulatory changes, may be developed and set forth in a written Informal Agreement between the Contractor
and the County. Such Informal Agreements shall be designated as such and shall not be amendments to this
Contract except to the extent that they further detail or clarify that which is already required hereunder. Such
Informal Agreements may not enlarge in any manner the scope of this Contract, including any sums of money
to be paid the Contractor as provided herein. Informal Agreements may be approved and signed by the head
of the County Department for which this Contract is made or his designee.
8. Modifications and Amendments.
a. General Amendments. This Contract may be modified or amended by a written document
executed by the Contractor and the Contra Costa County Board of Supervisors or, after Board approval, by
its designee, subject to any required State or Federal approval.
b. Administrative Amendments. Subject to the Payment Limit, the Payment Provisions and the
Service Plan may be amended by a written administrative amendment executed by the Contractor and the
County Administrator or his designee, subject to any required State or Federal approval, provided that such
administrative amendments may not materially change the Payment Provisions or the Service Plan.
9. 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.
10. Choice of Law and Personal Jurisdiction.
a. This Contract is made in Contra Costa County and shall be governed and construed in accordance
with the laws of the State of California.
b. Any action relating to this Contract shall be instituted and prosecuted in the courts of Contra
Costa County, State of California.
2
Contra Costa County Standard Form 1/87
GENERAL CONDITIONS
(Purchase of Services)
11. Conformance with Federal and State Regulations and Laws. Should Federal or State regulations
or laws touching upon the subject of this Contract be adopted or revised during the term hereof, this Contract
shall be deemed amended to assure conformance with such Federal or State requirements.
12. No Waiver by Countx. Subject to Paragraph 9. (Disputes) of these General Conditions, inspections
or approvals, or statements by any officer, agent or employee of the County indicating the Contractor's
performance or any part thereof complies with the requirements of this Contract, or acceptance of the whole
or any part of said performance, or payments therefor, or any combination of these acts, shall not relieve the
Contractor's obligation to fulfill this Contract as prescribed; nor shall the County be thereby estopped from
bringing any action for damages or enforcement arising from any failure to comply with any of the terms and
conditions of this Contract.
13. Subcontract and Assignment. This Contract binds the heirs, successors, assigns and representatives
of Contractor. The Contractor shall not enter into subcontracts for any work contemplated under this Contract
and shall not assign this Contract or monies due or to become due, without the prior written consent of the
County Administrator or his designee, subject to any required State or Federal approval.
14. 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.
15. Conflicts of Interest. Contractor, its officers, partners, associates, agents, and employees, shall not
make, participate in making, or in any way attempt to use the position afforded them by this Contract to
influence any governmental decision in which he or she knows or has reason to know that he or she has a
financial interest under California Government Code Sections 87100, et seq., or otherwise.
16. Confidentiality. Contractor agrees to comply and to require its officers, partners, associates, agents
and employees to comply with all applicable State or Federal statutes or regulations respecting confidentiality,
including but not limited to, the identity of persons served under.this Contract, their records, or services
provided them, and assures that:
a. All applications and records concerning any individual made or kept by Contractor or any public
officer or agency in connection with the administration of or relating to services provided under this Contract
will be confidential, and" will not be open to examination for any purpose not directly connected with the
administration of such service.
b. No person will publish or disclose or permit or cause to be published or disclosed, any list of
persons receiving services, except as may be required in the administration of such service. Contractor agrees
to inform all employees, agents and partners of the above provisions, and that any person knowingly and
intentionally disclosing such information other than as authorized by law may be guilty of a misdemeanor.
17. 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.
18. 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 or connected with the operations or services of the Contractor
3
Contra Costa County Standard Form 1/87
GENERAL CONDITIONS
(Purchase of Services)
or its agents, servants, employees or subcontractors hereunder, save and except claims or litigation arising
through the sole negligence or sole willful misconduct of the County or its officers or employees. Contractor
will reimburse the County for any expenditures, including reasonable attorneys' fees, the County may make
by reason of the matters that are the subject of this indemnification, and if requested by the County will defend
any claims or litigation to which this indemnification provision applies at the sole cost and expense of the
Contractor.
19. Insurance. During the entire term of this Contract and any extension or modification thereof, the
Contractor shall keep in effect insurance policies meeting the following insurance requirements unless otherwise
expressed in the Special Conditions:
a. Liability Insurance. The Contractor shall provide comprehensive liability insurance, including
coverage for owned and non-owned automobiles, with a minimum combined single limit coverage of$500,000
for all damages, including consequential damages, due to bodily injury, sickness or disease, or death to any
person or damage to or destruction of property, including the loss of use thereof, arising from each occurrence.
Such insurance shall be endorsed to include the County and its officers and employees as additional insureds
as to all services performed by Contractor under this agreement. Said policies shall constitute primary
insurance as to the County, the State and Federal Governments, and their officers, agents, and employees, so
that other insurance policies held by them or their self-insurance program(s) shall not be required to contribute
to any loss covered under the Contractor's insurance policy or policies.
b. Workers' Compensation. The Contractor shall provide workers' compensation insurance
coverage for its employees.
c. Certificate of Insurance. The Contractor shall provide the County with (a) certificate(s) of
insurance evidencing liability and worker's compensation insurance as required herein no later than the effective
date of this Contract. If the Contractor should renew the insurance policy(ies) or acquire either a new
insurance policy(ies) or amend the coverage afforded through an endorsement to the policy at any time during
the term of this Contract, then Contractor shall provide (a) current certificate(s) of insurance.
d. Additional Insurance Provisions. The insurance policies provided by the Contractor shall
include a provision for thirty (30) days written notice to County before cancellation or material changes of the
above specified coverage.
20. Notices. All notices provided for by this Contract shall be in writing and may be delivered by
deposit in the United States mail, postage prepaid. Notices to the County shall be addressed to the head of the
County Department for which this Contract is made. Notices to the Contractor shall be addressed to the
Contractor's address designated herein. The effective date of notice shall be the date of deposit in the mails
or of other delivery, except that the effective date of notice to the County shall be the date of receipt by the
head of the County Department for which this Contract is made.
21. Primacy of General Conditions. Except for Special Conditions which expressly supersede General
Conditions, the Special Conditions (if any) and Service Plan do not limit any term of the General Conditions.
22. Nonrenewal. Contractor understands and agrees that there is no representation, implication, or
understanding that the services provided by Contractor under this Contract will be purchased by County under
a new contract following expiration of termination of this Contract, and waives all rights or claims to notice
or hearing respecting any failure to continue purchase of all or any such services from Contractor.
4
Contra Costa County Standard Form 1/87
GENERAL CONDITIONS
(Purchase of Services)
23. Possessor Interest. If this Contract results in the Contractor having possession of, claim to or right
to the possession of land or improvements, but does not vest ownership of the land or improvements in the
same person, or if this Contract results in the placement of taxable improvements on tax exempt land (Revenue
& Taxation Code Section 107), such interest or improvements may represent a possessory interest subject to
property tax, and Contractor may be subject to the payment of property taxes levied on such interest.
Contractor agrees that this provision complies with the notice requirements of Revenue & Taxation Code
Section 107.6, and waives all rights to further notice or to damages under that or any comparable statute.
24. No Third-Party Beneficiaries. Notwithstanding mutual recognition that services under this Contract
may provide some aid or assistance to members of the County's population, it is not the intention of either the
County or Contractor that such individuals occupy the position of intended third-party beneficiaries of the
obligations assumed by either party to this Contract.
25. Copyrights and Rights in Data. Contractor shall not publish or transfer any materials produced
or resulting from activities supported by this agreement without the express written consent of the County
Administrator. If any material is subject to copyright, the County reserves the right to copyright such and the
Contractor agrees not to copyright such material. If the material is copyrighted, the County reserves a royalty-
free, nonexclusive, and irrevocable license to reproduce, publish, and use such materials, in whole or in part,
and to authorize others to do so.
26. Endorsements. Contractor shall not in its capacity as a contractor with Contra Costa County
publicly endorse or oppose the use of any particular brand name or commercial product without the prior
approval of the Board of Supervisors. In its County contractor capacity, Contractor shall not publicly attribute
qualities or lack of qualities to a particular brand name or commercial product in the absence of a well-
established and widely-accepted scientific basis for such claims or without the prior approval of the Board of
Supervisors. In its County contractor capacity, Contractor shall not participate or appear in any commercially-
produced advertisements designed to promote a particular brand name or commercial product, even if
Contractor is not publicly endorsing a product, as long as the Contractor's presence in the advertisement can
reasonably be interpreted as an endorsement of the product by or on behalf of Contra Costa County.
Notwithstanding the foregoing, Contractor may express its views on products to other contractors, the Board
of Supervisors, County officers, or others who may be authorized by the Board of Supervisors or by law to
receive such views.
27. Required Audit. If Contractor is funded by $25,000 or more in federal grant funds in any fiscal
year from any source, Contractor shall provide to County at Contractor's expense an audit conforming to the
requirements set forth in the most current version of Office of Management and Budget Circular A-133. If
Contractor is funded by $25,000 to $100,000 in federal grant funds in any fiscal year from any source,
Contractor shall arrange for conduct of the federally-required audit biennially and shall submit the audit to
County in the time, form, and manner required by the most current version of Office of Management and
Budget Circular A-133 and by County. If Contractor is funded by $100,000 or more in federal grant funds
in any fiscal year from any source, Contractor shall arrange for the federally-required audit annually and shall
submit the audit to the County in the time, form, and manner required by the most current version of Office
of Management and Budget Circular A-133 and by County. Contractor is solely responsible for arranging for
the conduct of the audit, and for its cost, and County may withhold the estimated cost of the audit or 10 percent
of the contract amount, whichever is larger, or the final payment, from Contractor until County receives the
audit from Contractor.
5
' 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 d& to
control not only the result of the work,
but also the way in which it is done? [ ] [X]
b. Am I setting the independent contractor's
hours? [ ] [X]
c. Is the independent contractor restricted
from taking jobs from other businesses at
the same time they are working for me? [ ] [X]
d. Do I or other departments have employee(s)
with similar duties as the independent
contractor? [X] [ ]
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? [X] [ ]
g. Does the County furnish training, tools,
or equipment to the contractor? [X] [ ]
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 X
reflect the anticipated working
relationship. REVIEWED AND APPROVED BY:
X X
Department Head/Authorized Designee
INDEPENDENT CONTRACT EMPLOYEE MASTER FILE
W-4 ATTACHED [ ]
OATH ATTACHED [ ]
ORIGINAL IN PAYROLL FILE [X]
CONTRACT EMPLOYEE FOR THE COMMUNITY SERVICES DEPARTMENT
BUDGET UNIT 0588 ORG 1407 LOCATION CODE
CONTRACT EMPLOYEE'S NAME DARLYN GERBER
SOCIAL SECURITY NUMBER 301-32-9189
CONTRACT DURATION FROM January 1, 1996 THRU December 31, 1996
TYPE OF PAYMENT FIXED MONTH AMOUNT
FIXED HOURLY RATE $50.00
OTHER
TOTAL AUTHORIZED CONTRACT AMOUNT $57,200
CONTRACT REFERENCE NUMBER 38-362-4
PLEASE INDICATE: NEW [ ]
RENEWAL [ X ]
MODIFICATION [ ]
SIGNATURE OF APPOINTING AUTHORITY
FOR
EMPLOYEE NUMBER 28326
CLASS CODE
INSURANCE COVERAGE THRU
(INDEPEN.CON)
CONTRA COSTA COUNTY
INDEPENDENT CONTRACTOR--SUBJECT TO WITHHOLDING
QUESTIONNAIRE
DEPARTMENT USE ONLY
1. Contract Reference #: 38-362-4
2. Please Indicate: New Contract Renewal # 38-362-4
3. Total Authorized Amount: $ 57,200
4. Independent Contractor's Name: DARLYN GERBER
5. Department: Community Services Org. # 1407
6. Identification Number: 301-32-9189
7. Contract Period From: January 1, 1996 To: December 31, 1996
Month/Day/Year Month/Day/Year
8. Project/Program: Community Services Department Programs Position: Contracts & Grants
---------------------------------------------------------------------------------------------------------------------------------
INDEPENDENT CONTRACTOR
Contra Costa County is surveying the number of independent contractors with whom it does business
to measure its affirmative action progress with independent contractors. Please answer all questions by
placing an "X" in the appropriate box. This information is voluntary and will be kept separate and
confidential.
A. ARE YOU: * B. ARE YOU:
1. X White 1. _ Male
2. _ Black 2. X Female
3. _ Hispanic
4. _ Asian C. ARE YOU OVER 40 YEARS OLD?
5. _ Filipino 1. X Yes
6. _ American Indian 2. _ No
7. _ Pacific Islander
D. Date of Birth: September 19, 1938
Month/Day/Year
* Only one box may be marked. Persons of mixed races should classify according to the race/ethnic
group with which they identify. Definitions are on the reverse side of this questionnaire.
Independent Contractor's Signature Date
Received and Accepted By:
Department Head/Authorized Agent
Return completed forms to: Human Resources Department
651 Pine Street, 2nd Floor, Martinez, CA 94553
'Contra Costa County Number 38!-565-1
Standard Form 1/87 STANDARD CONTRACT Fund/Org# 1407
(Purchase of,Services) Account # 2310
1. Contract Identification. Other #
Department: Community Services
• Subject: Contracts and Grants Administration
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: JAYNA L. NG
Capacity: Self-employed individual Taxpayer ID # 548-59-4122
Address: 4015 Majestic Court, Concord, California 94519
3. Term. The effective date of this Contract is January 1, 1996 it terminates unless sooner
terminated December 31, 1996 as provided herein.
4. Payment Limit. County's total payments to Contractor under this Contract shall not exceed
$ 30,918
5. County's Obligations. County shall make to the Contractor those payments described in the Payment
Provisions attached hereto which are incorporated herein by reference, subject to all the terms and conditions
contained or incorporated herein.
6. Contractor's Obligations. Contractor shall provide those services and carry out that work described in the
Service Plan attached hereto which is incorporated herein by reference, subject to all the terms and conditions
contained or incorporated herein.
7. General and Special Conditions. This Contract is subject to the General Conditions and Special Conditions
(if any) attached hereto, which are incorporated herein by reference.
8. Project. This Contract implements in whole or in part the following described Project, the application and
approval documents of which are incorporated herein by reference:
9. Legal Authority. This Contract is entered into under and subject to the following legal authorities: California
Government Code: Sections 26227 and 31000.
10. , Sienatures. These signatures attest the parties' agreement hereto:
COUNTY OF CONTRA COSTA, CALIFORNIA
BOARD OF SUPERVISORS ATTEST: Phil Batchelor, Clerk of the Board of
Supervisors and County Administrator
By
Chairman/Designee- Deputy
CONTRACTOR
By By
(Designate business capacity A) (Designate business capacity B)
Note to Contractor: For Corporations(profit or nonprofit), the contract must be,signed by two officers. Signature A must be that of the president or vice-president and
Signature B must be that of the secretary or assistant secretary(Civil Code Section 1190 and Corporations Code Section 313). All signatures must be acknowledged as set forth
on'page two.
Contra Costa County Standard Form(Rev. 1/95)
APPROVALS/ACKNOWLEDGMENT
Number 38-565-1
APPROVALS
RECOMMENDED BY DEPARTMENT FORM APPROVED
COUNTY COUNSEL
By By n
Designee Deputy
APPROVED: COUNTY ADMINISTRATOR
By:
Designee
ACKNOWLEDGMENT
STATE OF CALIFORNIA )
ss.
COUNTY OF CONTRA COSTA )
On , before me,
(insert name and title of the officer), personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s)
whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
WITNESS MY HAND AND OFFICIAL SEAL.
(Seal)
Signature
ACKNOWLEDGMENT(by Corporation,Partnership,or Individual)
(Civil Code§1189)
.
Contra Costa County PAYMENT PROVISIONS Standard Form 6/90
(Fee Basis Contracts)
Number 38-565-1
1. Payment Amounts. Subject to the Payment Limit of this Contract and subject to the following
Payment Provisions, County will pay Contractor the following fee as full compensation for all
services, work, expenses or costs provided or incurred by Contractor:
[Check one alternative only.]
[ ] a. $ monthly, or
[X] b. $ 14.61 / 15.34 per unit, as defined in the Service Plan (see Paragraph B), or
[ ] c. $ after completion of all obligations and conditions herein.
2. Payment Demands. Contractor shall submit written demands. Said demands shall be made on
County Demand Form D-15 and in the manner and form prescribed by County. Contractor shall
submit said demands for payment no later than 30 days from the end of the month in which the
contract services upon which such demand is based were actually rendered. Upon approval of said
payment demands by the head of the County Department for which this Contract is made, or his
designee, County will make payments as specified in Paragraph 1. (Payment Amounts) above.
3. Penalty for Late Submission. When Contractor fails to submit to County a timely demand for
payment as specified in Paragraph 2. (Payment Demands) above, and as a result of Contractor's late
submission the County is unable to obtain reimbursement from the State of California or otherwise; to
the extent the County's recovery of funding is prejudiced, County shall not pay Contractor for such
services, even though such services were fully provided.
4. Right to Withhold. County has the right to withhold payment to the Contractor when, in the opinion
of the County expressed in writing to the Contractor, (a) the Contractor's performance, in whole or in
part, either has not been carried out or is insufficiently documented, (b) the Contractor has neglected,
failed or refused to furnish information or to cooperate with any inspection, review or audit of its
program, work or records, or (c) Contractor has failed to sufficiently itemize or document its
demand(s) for payment.
5. Audit Exceptions. Contractor agrees to accept responsibility for receiving, replying to, and/or
complying with any audit exceptions by appropriate County, State or Federal audit agencies occurring
as a result of its performance of this Contract. Contractor also agrees to pay to the County within 30
days of demand by County the full amount of the County's obligation, if any, to the State and/or
Federal government resulting from any audit exceptions, to the extent such are attributable to the
Contractor's failure to perform properly any of its obligations under this Contract.
Initials:
Contractor County
SERVICE PLAN
Contract # 38-565-1
A. Contractor's Obligations.
1. Services.
a. Work in the Community Services Department's central administration office as
part of the Contracts and Grants Administration staff and provide other. services
as required by the Department Director.
b. Provide Contracts and Grants Administration services as follows:
(1) Overall contract process;
(2) Request for Proprosals (RFP) and grant process;
(3) Contract planning and development;
(4) Development of computer program database;
(5) Contract assignment and processing;
(6) Assistance with development of special formats;
(7) Provide consultation to other Department and County personnel relative
to contract and grant processing;
(8) Clarification of contract requirements regarding payment, insurance,
service, effective dates, and hours of service;
(9) Development of grant writing services;
(10) Other services, as required by the Department Director.
C. Supervise and train Contracts and Grants Administration clerical staff as
required.
2. Progress Reports. Submit period written or oral reports on services provided upon
request by the Department Director.
Initials:
Contractor County
SERVICE PLAN
Contract # 38-565-1
B. Payment Provisions.
1. Unit of Service. A unit of service for payment purposes is defined as one (1) full hour
of service to be paid at the following rates, but not to exceed $30,418:
Period of Time Rate
January 1, 1996 through March 31, 1996 $14.61 per hour
April 1, 1996 through December 31, 1996 $,15.34 per hour
2. Additional Payment Provisions.
a. Mileage: County will reimburse Contractor for the use of a private vehicle at a
rate of 30 cents per mile following arrival at the work site, but not to exceed a
total of$500 for such allowable expenses.
Initials:
Contractor County
SPECIAL CONDITIONS
Contract# 38-565-1
1..
' Insurance. Paragraph 19. (Insurance) of the General Conditions is hereby deleted and
replaced by a new Paragraph 19. to read as follows:
19. Automobile Insurance. During the entire term of this Contract and any extension or
modification thereof, Contractor shall keep in effect a policy or policies of motor
vehicle liability insurance for any use Contractor makes of a private vehicle in the
performance of this Contract, as required by State law."
2. Required Audit. Paragraph 27. (Required Audit) of the General Conditions is hereby
deleted.
3. Withholding and FICA Deductions. Notwithstanding Paragraph 14. of the General
Conditions, for purposes of withholding State and Federal taxes and Social Security omy from
payments due, the Auditor-Controller will make deductions for these purposes. Contractor is
not a County employee. Contractor further understands that the County has no obligations to
provide, and Contractor will not be provided fringe benefits, including but not limited to,
vacation, sick leave, retirement, and health plan coverage. The County will provide workers'
compensation coverage and unemployment insurance if County has right to control way in
which work is done.
Initials:
Contractor County
Contra Costa County Standard Form 1/87
GENERAL CONDITIONS
(Purchase of Services)
1. 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.
2. Inspection. Contractor's performance, place of business and records pertaining to this Contract are
subject to monitoring, inspection, review and audit by authorized representatives of the County, the
State of California, and the United States Government.
3. Records. Contractor shall keep and make available for inspection and copying by authorized
representatives of the County, the State. of California, and the United States Government, the
Contractor's regular business records and such additional records pertaining to this Contract as may be
required by the County.
A. Retention of Records. The Contractor shall retain all documents pertaining to this Contract
for five years from the date of submission of Contractor's final payment demand or final Cost
Report; for any further period that is required by law; and until all Federal/State audits are
complete and exceptions resolved for this contract's funding period. Upon request, Contractor
shall make these records available to authorized representatives of the County, the State of
California, and the United States Government.
b. 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 or to
the Comptroller General, 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 County, to the Secretary
or to the Comptroller General, 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 thereunder.
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.
Initials:
Contractor County
1
Contra Costa County Standard Form 1/87
GENERAL CONDITIONS
(Purchase of Services).
. 4. 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 shall apply only if the payment
limit under this Contract exceeds $5,000.
5. Termination.
a. Written Notice. This Contract may be terminated by.either party, at their sole discretion, .
upon thirty-day advance written notice thereof to the other, and may be cancelled immediately
by written mutual consent.
b. Failure to Perform. The County, upon written notice to Contractor, may immediately
terminate this Contract should the Contractor fail to perform properly any of its obligations
hereunder. In the event of such termination, the County may proceed with the work in any
reasonable manner it chooses. The cost to the County of completing Contractor's performance
shall be deducted from any sum due the Contractor under this Contract, without prejudice to
the County's rights otherwise to recover its damages.
C. Cessation of Funding. Notwithstanding Paragraph 5.a. above, in the event that Federal,
State, or other non-County funding for this Contract ceases, this Contract is terminated without
notice.
6. Entire Agreement. This Contract contains all the terms and conditions agreed upon by the parties.
Except as expressly provided herein, no other understanding, oral or otherwise, regarding the subject
matter of this Contract shall be deemed to exist or to bind any of the parties hereto.
7. Further Specifications for Operating Procedures. Detailed specifications of operating procedures
and budgets required by this Contract, including but not limited to, monitoring, evaluating, auditing,
billing, or regulatory changes, may be developed and set forth in a written Informal Agreement
between the Contractor and the County. Such Informal Agreements shall be designated as such and
shall not be amendments to this Contract except to the extent that they further detail or clarify that
which is already required hereunder. Such Informal Agreements may not enlarge in any manner the
scope of this Contract, including any sums of money to be paid the Contractor as provided herein.
Informal.Agreements may be approved and signed by the head of the County Department for which
this Contract is made or his designee.
8. Modifications and Amendments.
a. General Amendments. This Contract may be modified or amended by a written document
executed by the Contractor and the Contra Costa County Board of Supervisors or, after Board
approval, by its designee, subject to any required State or Federal approval.
Initials:
Contractor County
2
Contra Costa County Standard Form 1/87
f
GENERAL CONDITIONS
(Purchase of Services)
b. Administrative Amendments. Subject to the Payment Limit, the Payment Provisions and the
Service Plan may be amended. by a written administrative amendment executed by the
Contractor and the County 'Administrator or his designee, subject to any required State or
Federal approval, provided that such administrative amendments may not materially change
the Payment Provisions or the Service Plana
9. 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.
10. Choice of Law and Personal Jurisdiction.
a. This Contract is made in Contra Costa County and shall be governed and construed in
accordance with the laws of the State of California.
b. Any action relating to this Contract shall be instituted and prosecuted in the courts of Contra
Costa County, State of California.
11. Conformance with Federal and State Regulations and Laws. Should Federal or State regulations
or laws touching upon the subject of this Contract be adopted or revised during the term hereof, this
Contract shall be deemed amended to assure conformance with such Federal or State requirements.
12. No Waiver by County. Subject to Paragraph 9., (Disputes) of these General Conditions, inspections
or approvals, or statements by any officer, agent or employee of the County indicating the
Contractor's performance or any part thereof complies with the requirements of this Contract, or
acceptance of the whole or any part of said performance, or payments therefor, or any combination of
these acts, shall not relieve the Contractor's obligation to fulfill this Contract as prescribed; nor shall
the County be thereby estopped from bringing any action for damages or enforcement arising from
any failure to comply with any of the terms and conditions of this Contract.
13. Subcontract and Assignment. This Contract binds the heirs, successors, assigns and representatives
of Contractor. The Contractor shall not enter into subcontracts'for any work contemplated under this
Contract and shall not assign this Contract or monies due or to become due, without the prior written
consent of the County Administrator or his designee, subject to any required State or Federal
approval.
14. 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.
Initials:
Contractor County
3
Contra Costa County Standard Form 1/87
GENERAL CONDITIONS
(Purchase of Services)
15. Conflicts of.Interest. Contractor, its officers, partners, associates, agents, and employees, shall not
make, participate in making, or in any way attempt to use the position afforded them by this Contract
to influence any governmental decision in which he or she knows or has reason to know that he or she
has a financial interest under California Government Code Sections 87100, et seq., or otherwise.
16. Confidentiality. Contractor agrees to comply and to require its officers, partners, associates, agents
and employees to comply with all applicable State or Federal statutes or regulations respecting
confidentiality, including but not limited to, the identity of persons served under this Contract, their
records, or services provided them, and assures that:
a. All applications and records concerning any individual made or kept by Contractor or any
public officer or agency in connection with the administration of or relating to services
provided under this Contract will be confidential, and will not be open to examination for any
purpose not directly connected with the administration of such service.
b. No person will publish or disclose or permit or cause to be published or disclosed, any list of
persons receiving services, except as may be required in the administration of such service.
Contractor agrees to inform all employees, agents and partners of the above provisions, and
that any person knowingly and intentionally disclosing such information other than as
authorized by law may be guilty of a misdemeanor.
17. 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.
18. 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 or connected with the operations or services
of the Contractor or its agents, servants, employees or subcontractors hereunder, save and except
claims or litigation arising through the sole negligence or sole willful .misconduct of the County or its
officers or employees. Contractor will . reimburse the County for any expenditures, including
reasonable attorneys' fees, the County may make by reason of the matters that are the subject of this
indemnification, and if requested by the County will defend any claims or litigation to which this
indemnification provision applies at the sole cost and expense of the Contractor.
19. Insurance. During the entire term of this Contract and any extension or modification thereof, the
Contractor shall keep in effect insurance policies meeting the following insurance requirements unless
otherwise expressed in the Special Conditions:
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Contractor County
4
Contra Costa County Standard Form 1/87
GENERAL CONDITIONS
(Purchase of Services)
a. Liability Insurance. The Contractor shall provide comprehensive liability insurance,
including coverage for owned and non-owned automobiles, with a minimum combined single
limit coverage of $500,000 for all damages, including consequential damages, due to bodily
injury, sickness or disease, or death to any person or damage to or destruction of property,
including the loss of use thereof, arising from each occurrence. Such insurance shall be
endorsed to include the County and its officers and employees as additional insureds as to all
services performed by Contractor under this agreement. Said policies shall constitute primary
insurance as to the County, the State and Federal Governments, and their officers, agents, and
employees, so that other insurance policies held by them or their self-insurance program(s)
shall not be required to contribute to any loss covered under the Contractor's insurance policy
or policies.
b. Workers' -Compensation. The Contractor shall provide workers' compensation insurance
coverage for its employees.
C. Certificate of Insurance. The Contractor shall provide the County with (a) certificate(s) of
insurance evidencing liability and worker's compensation insurance as required herein no later
than .the effective date of this Contract. If the Contractor should renew the insurance
policy(ies) or acquire either a new insurance policy(ies) or amend the coverage afforded
through an endorsement to the policy at any time during the term 'of this Contract, then
Contractor shall provide (a) current certificate(s) of insurance.
d. Additional Insurance Provisions. The insurance policies provided by the Contractor shall
include a provision for thirty (30) days written notice to County before cancellation or material
changes of the above specified coverage.
20. Notices. All notices provided for by this Contract shall be in writing and may be delivered by deposit
in the United States mail, postage prepaid. Notices to the County shall be addressed to the head of
the County Department for which this Contract is made.. Notices to the Contractor shall be addressed
to the Contractor's address designated herein. The effective date of notice shall be the date of deposit
in the mails or of other delivery, except that the effective date of notice to the County shall be the date
of receipt by the head of the County Department for which this Contract is made.
21. Primacy of General Conditions. Except for Special Conditions which expressly supersede General
Conditions, the Special Conditions (if any) and Service Plan do not limit any term of the General
Conditions.
22. Nonrenewal. Contractor understands and agrees that there is no representation, implication, or
understanding that the services provided by Contractor under this Contract will be purchased by
County under a new contract following expiration of termination of this Contract, and waives all
rights or claims to notice or hearing respecting any failure to continue purchase of all or any such
services from Contractor.
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Contractor County
5
Contra Costa County Standard Form 1/87
GENERAL CONDITIONS
(Purchase of Services)
23. Possessory Interest. If this Contract results in the Contractor having possession of, claim to or right
to the possession of land or improvements, but does not vest ownership of the land or improvements
in the same person, or if this Contract results in the placement of taxable improvements on tax exempt
land (Revenue & Taxation Code Section 107), such interest or improvements may represent a
possessory interest subject to property tax, and Contractor may be subject to the payment of property
taxes levied on such interest. Contractor agrees that this provision complies with the notice
requirements of Revenue & Taxation Code Section 107.6, and waives all rights to further notice or to .
damages under that or any comparable statute.
24. No Third-Party Beneficiaries. Notwithstanding mutual recognition that services under this Contract
may provide some aid or assistance to members of the County's population, it is not the intention of
either the County or Contractor that such individuals occupy the position of intended third-party
beneficiaries of the obligations assumed by either party to this Contract.
25. Copyrights and Rights in Data. Contractor shall not publish or transfer any materials produced or
resulting from activities supported by this agreement without the express written consent of the
County Administrator. If any material is subject to copyright, the County reserves the right to
copyright such and the Contractor agrees not to copyright such material. If the material is
copyrighted, the Countyreserves a royalty-free, nonexclusive, and irrevocable license to reproduce,
publish, and use such materials, in whole or in part, and to authorize others to do so.
26. Endorsements. Contractor shall not in its capacity as a contractor with Contra Costa County publicly
endorse or oppose the use of any particular brand name or commercial product without the prior
approval of the Board of Supervisors. In its County contractor capacity, Contractor shall not publicly
attribute qualities or lack of qualities to a particular brand name or commercial product in the absence
of a well-established and widely-accepted scientific basis for such claims or without the prior approval
of the Board of Supervisors. In its County contractor capacity, Contractor shall not participate or
appear in any commercially-produced advertisements designed to promote a particular brand name or
commercial product, even if Contractor is not publicly endorsing a product, as long as the
Contractor's presence in the advertisement can reasonably be interpreted as an endorsement of the
product by or on behalf of Contra Costa County. Notwithstanding the foregoing, Contractor may
express its views on products to other contractors, the Board of Supervisors, County officers, or
others who may be authorized by the Board of Supervisors or by law to receive such views.
27. Required Audit. If Contractor is funded by $25,000 or more in federal grant funds in any fiscal year
from any source, Contractor shall provide to County at Contractor's expense an audit conforming to
the requirements set forth in the most current version of Office of Management and Budget Circular
A-133. If Contractor is funded by $25,000 to $100,000 in federal grant funds in any fiscal year from
any source, Contractor shall arrange for conduct of the federally-required audit biennially and shall
submit the audit to County in the time, form, and manner required by the most current version of
Office of Management and Budget Circular A-133 and by County. If Contractor is funded by
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Contractor County
6
Contra Costa County Standard Form 1/87
GENERAL CONDITIONS
(Purchase of Services)
$100,000 or-more in federal grant funds in any fiscal year from any source, Contractor shall arrange
for the federally-required audit annually and shall submit the audit to the County in the time, form,
and manner required by the most current version of Office of Management and Budget Circular A-133
and by County. Contractor is solely responsible for arranging for the conduct of the audit, and for its
cost, and County may withhold the estimated cost of the audit or 10 percent of the contract amount,
whichever is larger, or the final payment, from Contractor until County receives the audit from
Contractor.
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Contractor County
7
i
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? [X] [ ]
b. Am I setting the independent contractor's
hours? [X] [ ]
C. Is the independent contractor restricted
from taking jobs from other businesses at
the same time they are working for me? [X] [
d. Do I or other departments have employee(s)
with similar duties as the independent
contractor? [X] [ ]
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? [X] [ ]
g. Does the County furnish training, tools,
or equipment to the contractor? [X] [
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 X
reflect the anticipated working
relationship. REVIEWED AND APPROVED BY:
X X
Department Head/Authorized Designee
INDEPENDENT CONTRACT EMPLOYEE MASTER FILE .
W-4 ATTACHED [ ]
OATH ATTACHED [ ].
ORIGINAL IN PAYROLL FILE [ ]
CONTRACT EMPLOYEE FOR THE COMMUNITY SERVICES DEPARTMENT
BUDGET_UNIT 2310 ORG 1407 LOCATION CODE
_CONTRACT EMPLOYEE'S NAME JAYNA L. NG
SOCIAL SECURITY NUMBER 548-594122
CONTRACT DURATION FROM JANUARY 1, 1996 THRU DECEMBER 31, 1996
TYPE OF PAYMENT FIXED MONTH AMOUNT
FIXED HOURLY RATE 1/1/96-3/31/96: $14.61
4/1/96-12/31/96: $15.34
OTHER (Mileage) $500
TOTAL AUTHORIZED CONTRACT AMOUNT $30,918
CONTRACT REFERENCE NUMBER 38-565-1
PLEASE INDICATE: NEW [ ]
RENEWAL [ X 1
MODIFICATION [ ]
SIGNATURE OF APPOINTING AUTHORITY
FOR PAYROLL USE ONLY:
EMPLOYEE NUMBER
CLASS CODE
INSURANCE COVERAGE THRU
(INDEPEN.CON)
CONTRA COSTA COUNTY
INDEPENDENT CONTRACTOR—SUBJECT TO WITHHOLDING ' r
QUESTIONNAIRE
DEPARTMENT USE ONLY
1. Contract Reference #: 38-565
2. Please Indicate: New Contract # Renewal # 38-565-1
3. Total Authorized Amount: $ 30.918
4. Independent Contractor's Name: JAYNA L. NG
S. Department: COMMUNITY SERVICES Org. # 1407
6. Identification Number: 548-59-4122
7. Contract Period From: January 1, 1996 To: December 31, 1996
Month/Day/Year Month/Day/Year
$. Project/Program: Administration Position: Contracts and Grants Administration
INDEPENDENT CONTRACTOR
Contra Costa County is surveying the number of independent contractors with whom it does business to
measure its affirmative action progress with independent contractors. Please answer all questions by placing
an "X" in the appropriate box. This information is voluntary and will be kept separate and confidential.
A. ARE YOU: * B. ARE YOU:
1. White 1. _ Male
2. _ Black 2. _ Female
3. _ Hispanic
4. — Asian C. ARE YOU OVER 40 YEARS OLD?
5. — Filipino I._ Yes
6. — American Indian 2._ No
7. — Pacific Islander
D. Date of Birth:
Month/Day/Year
* Only one box may be marked. Persons of mixed races should classify according to the race/ethnic group
with which they identify. Definitions are on the reverse side of this questionnaire.
Independent Contractor's Signature Date
Received and Accepted By:
Department Head/Authorized Agent
Return completed forms to: Human Resources Department
651 Pine Street, 2nd Floor, Martinez, CA 94553