HomeMy WebLinkAboutMINUTES - 10241995 - C52 Contra
TO: BOARD OF SUPERVISORS - Costa
� County
FROM: Victor J.Westman
County Counsel
DATE: October 12, 1995
SUBJECT: Approval of Service Contract with Adam Miller
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I. RECOMMENDED ACTION.
APPROVE and authorize County Counsel or designee to execute a temporary legal services
contract with Adam Miller for the period from October 19, 1995 through June 30, 1996, at the
rate of$25 per hour as utilized.
II. FINANCIAL IMPACT.
This contract Will be funded from County Counsel revenue fromits fee charges and can be
terminated upon three days' notice during its term should revenue fee charges no longer be
available.
III. BACKGROUND
The approval of this contract will allow the County Counsel's Staff to continue to perform
additional work for vaiours revenue clients (Schools, Retirement, etc.) to maintain current
levels of legal services. Also, its approval will provide continuity of legal services for pending
litigation (Lions Gate, etc.) during its term.
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CONTINUED ON ATTACHMENT: YES SIGNATURE:
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_RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE
_APPROVE _OTHER
SIGNATURE(S):
ACTION OF BOARD ON 4 APPROVED AS RECOMMENDED--�ZOTHER
VOTE OF SUPERVISORS
UNANIMOUS(ABSENT ) I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY
AYES: NOES: OF AN ACTION TAKEN AND ENTERED N THE MINUTES OF THE
ABSENT: ABSTAIN: BOARD OF SUPERVISORS ON THE DATE SHOWN.
cc: ATTESTED— 9 7�
PHIL BATCHELOR,CLERK OF THE B ARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
BYDEPUTY
CONTRA COSTA COUNTY
Office of the County Counsel
651 Pine Street, 9th Floor
Martinez, CA 94553
MEMORANDUM
TO: Office of the County Administrator
Attn: Pat Burke, Assistant Franchise Administrator
FROM: Victor J. Westman, County Counsel `'
s
DATE: October 12, 1995
SUBJ: Proposed Continued Temporary Contract Employee (Adam Miller)
This office is asking for a freeze exemption and your administrative approval to
continue the temporary contract employment of Adam Miller from October 19, 1995 through
June 30, 1996. The contract (see attached) we propose for Mr. Miller's continued employment
during this period provides that it may be terminated upon three days' notice (see paragraph 4
"Termination"). If(for any reason) the County and/or this office's fiscal situation subsequently
worsens, this contract can almost immediately be terminated. As you are aware, we have
been using Mr. Miller principally to assist Sharon Anderson with various Housing Authority
matters and with the litigation presently pending concerning the termination of the lease
agreement for the Lions Gate facility. We expect this legal dispute to continue for at least
another four to six months.
On or about November 17, 1995, Mary Ann Mason, Deputy County Counsel, will be
leaving this office on a six-month maternity leave. Mrs. Mason is scheduled to return to work
on May 20, 1996. With the continued employment of Mr. Miller, it will be possible for this office
during Mrs. Mason's absence to employ Mr. Miller to assume some of Mrs. Mason's ongoing
current workload during her maternity leave and to also assume some of Kevin Kerr's County
General Fund client workload during the maternity leave period. This will allow Mr. Kerr to pick
up and handle most of Mrs. Mason's revenue clients (County Superintendent of Schools,
Byron School District, County Schools Insurance, JPA, etc.). Since Mr. Miller is paid at the rate
of$25.00 per hour (with no fringe benefits) it makes sense for the most part to assign Mrs.
Mason's revenue clients to Kevin Kerr who will be billed out to those clients for the
performance of their work at $82 to $85 an hour.
Attached for utilization (with your approval) is a contract with Mr. Miller for this
extended period and a Board order to authorize its approval and execution. If you have any
questions, please advise.
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cntrct95TRZEXMPI.WPD
Attachment
cc:Anthony Enea, County Administrator's Office
TEMPORAR Y LEGAL SERVICES CONTRACT
Number
Fund/Org#1705
Acct.#2314
Other#
1. Contract Identification.
Department: County Counsel
Subject: Temporary Legal Services
2. Parties. The County of Contra Costa, California(County), for its Department named above, and the
following named Contractor mutually agree and promise as follows:
CONTRACTOR: ADAM MILLER
CAPACITY: An Individual TAXPAYER ID: 078-50-3208
ADDRESS: 5337 College Avenue, Apt. 455, Oakland, CA 94618
3. Term and Purpose. The effective date of this Contract is, October 19, 1995,and it terminates on close
of business June 28, 1996,unless sooner terminated as provided herein. The purpose of this amended
contract is to amend and supersede the previous contract for this same time period to more fully
specify the prior agreement of the parties for the provision of Contractor services.
4. Termination. This Contract may be terminated by the County (the County Counsel), at its sole
discretion,upon three-day advance written notice thereof to the Contractor, or canceled immediately
by written mutual consent. This contract may be terminated by the Contractor upon thirty-day
advance written notice to County.
5. Amended Payment Limit. County's total payments to Contractor under this Contract shall not exceed
$34,800. Additionally, Contractor shall be reimbursed for mileage for travel in his/her personal
vehicle to and from the office and various courts as his/her assignments require and such other
authorized travel expenses (.e.g., lodging,meals, air fare, etc.) as incurred, such reimbursement to be
paid at the same rate and manner as if he were a County employee.
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:
[x] a. FEE RATE: $25.00 per service unit(1 unit= 1 hour), as defined below;
Not to exceed a total of 1,392 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. As assigned, Contractor shall provide the following described services on
non-holiday weekdays: Temporary legal services for the County Counsel including, but not limited
to, legal research and advice, administrative and court hearings (retirement disability proceedings,
juvenile,LPS,etc.),small claims advice,and the drafting and review of documents,but payment shall
not exceed 8 hours for any non-holiday weekday worked.
8. Compliance with Law. Contractor shall be subject to and comply with all Federal, State and local
laws and regulations applicable with respect to its performance under this Contract, including but not
limited to, licensing, employment and purchasing practices; and wages, hours and conditions of
employment, including nondiscrimination.
9. Nondiscriminatory Services. Contractor agrees that all goods and services under this Contract shall
be available to all qualified persons regardless of age, sex, race, religion, color, national origin, or
ethnic background, or handicap,and that none shall be used,in whole or in part, for religious worship
or instruction.
10. Independent Contractor Status. This Contract is by and between two independent contractors and is
not intended to and shall not be construed to create the relationship between the parties of agent,
servant, employee,partnership,joint venture, or association.
11. Disputes. Disagreements between the County and Contractor concerning the meaning, requirements,
or performance of this Contract shall be subject to final determination in writing by the head of the
County Department for which this Contract is made or his designee or in accordance with the
applicable procedures (if any) or Federal Government.
12. Access to Books and Records of Contractor. Subcontractor. Pursuant to Section 1861(v)(1) of the
Social Security Act, and any regulations promulgated thereunder, Contractor shall, upon written
request and until the expiration of four years after the furnishing of the services pursuant to this
Contract,make the furnishing of services pursuant to this Contract, make available to the Secretary
of Health and Human Services,the Comptroller General,the County, or any of their duly authorized
representatives,this Contract and books, documents and records of Contractor that are necessary to
certify the nature and extent of all costs and charges hereunder. Further, if Contractor carries out any
of the duties of the Contract through a subcontract, with a value or cost of$10,000 or more over a
twelve-month period, such subcontract shall contain a clause to the effect that upon written request
and until the expiration of four years after the furnishing of services pursuant to such subcontract,the
subcontractor shall make available,to the Secretary, the Comptroller General, the County, or any of
their duly authorized representatives, the subcontract and books, document, and records of the
subcontractor that are necessary to verify the nature and extent of all costs and
charges hereunder. This special condition is in addition to any and all costs and charges hereunder.
This special condition is in addition to any and all other terms regarding the maintenance or retention
of records under this Contract and is binding on the heirs, successors, assigns and representatives of
Contractor.
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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 $5000.
14. Immunity and Indemnification. In performing legal services for the County Counsel,Contractor shall
be regarded as an employee of the County for purposes of the Tort Claims Act(Gov. Code, §§ 825
et seq.) and protected by the same immunities and right to indemnification extended by that Act to
public employees.
15. Legal Authority. This Contract is entered into under and subject to the following legal authorities:
California Government Code sections 26227 and 3100.
16. Signatures. These signatures attest the parties' agreement hereto:
COUNTY OF CONTRA COSTA,CALIFORNIA CONTRACTOR
By
Designee or Board Chair ADAM MILLER
Individual
RECOMMENDED BY DEPARTMENT
By
14o�X 'VJ1A9W9e=;
VICTOR J.WESTM ,County Counsel
APPROVED BY
Anthony Enea
County Administrator's Office
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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 business with Taxpayer Identification number.)
To be completed by Department:
YES NO
A. Do I, as the employer,have the right to control not only the result of
the work, but also the way in which it is done?
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:
I certify that the answers to the above questions
accurately reflect the anticipated working
relationship.
REVIEWED AND APPROVED BY:
Adam Miller Q
Contractor
ICTOR J. WE MAN
CNTRCT95\:gmm County Counsel
MILLER.96A
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