HomeMy WebLinkAboutMINUTES - 10271998 - C60-C62 TO: BOARD OF SUPERVISORS t..r► '
FROM: Phil Batchelor, County Administrator
DATE:
October /�, 1 $ ; ' w.
u0ci
SUBJECT: Authorize County Risk Manager to Amend
Short Form Service Contract with O u n t
Essential Staffing
SPECIFIC REQ UST{S}FR RECOMMENDATION(S)III BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
APPROVE and AUTHORIZE the County Risk Manager to amend the Short Form Service
Contract with Essential Staffing to increase the payment amount by $35,000 to a total $95,000
limit for additional consulting services and workers' compensation staffing services with no
change in contract termination elate.
FINANCIAL IMPACT:
Costs for workers' compensation claims administration services are funded through the
Workers' Compensation Self-Insurance Trust Fund.
BACKGROUND/REASONS FOR RECOMMENDATION:
Essential Staffing is a firm with special skills involving workers' compensation claims services.
The County retained their services to evaluate workflow in the workers' compensation operation
and to assist in the adjusting of claims due to adjuster vacancies and an adjuster being on
medical leave.
CONTINUED ON ATTACHMENT. «r" SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR "MENDATIO9 BOARD COMMITTEE
APPROVE OTHER
SIGNATURES:
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ACTION OF BOARD ON �/ APPROVED AS RECOMMENDED 8
VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE
AND CORRECT COPY OF AN ACTION TAKEN
AND ENTERED ON THE.MINUTES OF THE BOARD
UNANIMOUS {ABSENT ) OF SUPERVISORS ON THE DATE SHOWN,
AYES: NOES:
ABSENT: ABSTAIN:
ATTESTED
AILBATCAEWLOR�,CLERTHE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
Contact: Joseph J. Tonda—335-1450
cc: CAO Risk Management
Auditor-Controller
Essential Staffing
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BY DEPUTY
W
TO: BOARD OF SUPERVISORS
Contra
fr =
FROM:: victor J. VVestman Costa
' �--
County Counsel County
DATE: October 19, 1998
SUBJECT: Approval of Service Contract with Barbara Rebecca Byrnes
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)S BACKGROUND AND JUSTIFICATION
1. RECOMMENDED ACTION
APPROVE and authorize County Counsel or designee to execute a temporary legal services
contract with Barbara Rebecca Byrnes for the period from October 1, 1998, through September
30, 1999, at the rate of$46 per hour as utilized.
11. FINANCIAL. IMPACT
This contract will be funded from County Counsel revenue from its fee charges and can be
terminated upon three days' notice during its term should revenue feecharges no longer be
available.
Ill. BACKGROUND
The approval of this contract will allow the County Counsel's staff to provide continuity of legal
services for pending Retirement actions during its term.
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CONTINUED ON ATTACHMENT: YES SIGNATURE:
„RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BO DCO MITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON APPROVED AS RECOMMENDED.,` X4)+HeR'
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY
UNANIMOUS(ABSENT } OF AN ACTION TAKEN AND ENTERED N THE MINUTES OF THE
BOARD OF SUPERVISORS ON THE DATE SHOWN.
AYES:
ATTESTED
NOES: PHIL BATCHELOR,CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
ABSENT:
ABSTAIN:
BY ,DEPUTY
cc: County Counsel H:\GMUGG\WP>DOCSkCONTRACT\BYRNESI9-99-ORD.WPO
Auditor
TEMPORARY LEGAL SERVICES CONTRACT
Number _
Fund/org#1705
Acct.#2314
Other#
1. Contract Identi cation.
Department: County Counsel
Subject: Contract 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:
coxTRAcToi . BARBARA REBECCA BYRNES
CAPACITY: An Individual TAXPAYERID*.
ADDRESS. 14 'White Oak Drive,Lafayette, CA 94549
3. Term. The effective date of this Contract is, October 1, 1998, and it continues until terminated as
provided herein or, at close of business on September 30, 1999,whichever first occurred.
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
$46.40 per hour of service and the total sum of$73,894. Additionally,Contractor shall be reimbursed
for mileage for travel in Contractor's 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 Contractor were
a County employee.
6. County's Qbli ag tions. 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. $46.00 per service unit(1 unit= 1 hour), as defined below;
Not to exceed a total of 1600 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)
and the drafting and review of documents,but payment shall not exceed 8 hours for any non-holiday
weekday worked. Weekday overtime and work on weekends or holidays shall be unpaid unless it has
previously been authorized in writing for each day by the County Counsel, an Assistant County
Counsel, or Deputy County Counsel Mary Ann Mason.
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 Board Carder
BARBARA RI✓BECCA BYRNES
Individual
RECOMMENDED BY DEPARTMENT
I A-1 0900
By 4090!!JW!5�- -—
VICTOR J.WE MAN,County Counsel
APPROVED BY
Anthony Enea
County Administrator's Office
ItA6%WG %k11-D0('SU0NIRAC"11UN'RN1S101YRNEST,WN)
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QUESTIONNAIRE FOR DETERMINING
INDEPENDENT CONTRACTOR PA YMENT 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:
Barbara Rebecca Byrnes w
Contractor
ICT
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n GN106 s Wl'uocWill) County Counsel
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