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HomeMy WebLinkAboutMINUTES - 01092001 - C51-C55 TO: BOARD OF SUPERVISORS Costa FROM: Vidor J. Westman "= County Counsel i County DATE: December15, 200€ SUBJECT: Approval of Legal Service Contract with Diane A. Baker SPECIFIC REQUEST(S) OR RECt7MMEN®ATION(S) & BACKGROUND AND JUSTIFICATION I: REC MIUIE!IDEC ACTION APPROVE and authorize County Counsel or designee to execute a temporary legal services contract with oiane A. Baker for the period from February 1, 2001, through December 31, 2001, at the rate of$50 per hour as utilized. II. FtNANCIAI.. IMBACT This contract will be funded from the County Counsel's approved FY 2000.2001 budget and can be terminated upon three days' notice during its term:should revenue fee charges no longer be available. Ill. BACKGROUNE ' The approval of this contract will allow the County Counsel's staff to provide continuity of legal services for Juvenile actions during its term. VJW,gmm CONTINUED ON ATTACHMENT: � YES SIGNATURE; � COMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE "APPROVE OTHER SIGNATUR S ACTION OF BOARD N jBnuaU 1 2001 APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS X- I HEREBY CERTIFY THAT THIS IS A TRUE ANI!CORRECT COPY UNANIMOUS{ASSENT } OF AN ACTION TAKEN AND ENTERED'N THE MINUTES OF THE SOARS)OF SUPERVISORS ON THE DATE SHOWN. AYES: ATTESTED �L-V=ry 9, 2()Cl1 NOES: PHIL BATCHELOR,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR ASSENT:, * (District V seat is vacant) ABSTAIN BY ,DEPUTY cc. County Counsel Auditor - HAWP-DOMCONTRACTSaWBaker Bd Order 2-2001.wpd TEMPORARY LEGAL SERVICES CONTRACT Number Fund/Org#1700 Acct.#2310 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: DIANE A. BAKER CAPACITY: An Individual TAXPAYER 'ID: 487-52-8255 ADDRESS: 136 Parkside Berkeley,;,CA 94701 3. Term. The effective date of this Contract is February 1, 2001, and it terminates end of business on December 31, 2001, unless sooner terminated as provided herein. 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 Contractor upon 30 days' advance written notice 5. Reimbursement and Payment Limit. County's total payments to Contractor under this Contract shall not exceed $75,000. Additionally, Contractor shall be reimbursed for mileage for`travel`>>in his/her personal vehicle between the office and various courts or other work locations as his/her assignments require, and such other authorized travel expenses (e.g. lodging, meals, airfare, etc.) as actually incurred, such reimbursement to be paid at the same rate and manner as if the Contractor 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 Contractors 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: $50.00 per service unit (1 unit = 1 hour), as defined below: Not to exceed' a total of 1500 service units. J b. Payment in full after approval by the Department. ] c. As set forth in the attached Payment'Provisions, t1:WP-00C31C0NTRACT18ekt,iF.b 01-Dec 0118akar Dian.Fab 01 th.N.01 wpd Pagel 7. Contractor's Obligations. As-assigned, Contractor shall provide the fallowing described services on non-holiday weekdays:. Temporary legal services for the County Counsel including, but not limited to, legal research and advice, Juvenile and LPS proceedings, administrative and court hearings (or other legal matters as required), 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 or the Chief Assistant County Counsel. 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 goads 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 heed 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 regulationspromulgated 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 snake 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 H:AWP-DOCSICONTRAMNB.keffeb 01-Dec OtO ke,01e Feb O1 1Mu Dec Ot. pd Page.2 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. 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 31000. 16. Signatures. These signatures attest the parties' agreement hereto: 'COUNTY OF CONTRA COSTA,CALIFORNIA CONTRACTOR By Purchasing Department DIANE A.BAKER Individual RECOMMENDED BY DEPARTMENT By VICTOR J.WESTMAN, County Counsel APPROVED BY ANTHONY ENiEA County Administrator's Office H:M-D0CSICDNTRACT18akerlFeb 01-pec 0118aker Diane Feb Oi tbru pac 01.wptl Page 3 QUESTIONNAIRE FOR DETERMINING INDEPENDENT CONTRACTOR PAYMENT METHOD All new or renewal independent contractor agreements that do not meet IRS criteria for independent contract status must be paid through the payroll system so that withholding taxes and Social Security can be deducted. (Note. This does not apply in the case of contracts with corporations, temporary help agencies,'partnerships or established business with Taxpayer Identification number.) To be';completed 'by Department: YES NO A. Do I, as the employer, have the rLqW 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? Vr 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? Vr E. Does the County supply assistants to the contractor? Vr 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: gmm Icertify that the answers to the above' questions accurately reflect the anticipated working relationship. REVIEWED AND APPROVED BY: DIANE A.BAKER VICTOR J. WESTMAN Contractor County Counsel HWP-D0CS5C0NTRAC718.ka6Peb 01 D-0118aker Diane Eeb 01 thro Dec 01.wp0 Page 4 225-0142.1.1 TO: BOARD OF SUPERVISORS FROM: BARTON J. GILBERT, DIRECTOR.OF GENERAL SERVICES Centra Costa DATE: January 3, 2001 County SUBJECT: APPROVING CONSULTING SERVICES AGREEMENT FOR ARCHITECTURAL SERVICES FOR HEADSTART CLASSROOM EXPANSION AT GEORGE MILLER CENTER., 3020 GRANT STREET,CONCORD FOR COMMUNITYSERVICES DEPARTMENT(WWO084) SPECIFIC REQUESTS OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION 1. RECOMMENDATION A. APPROVE a consulting services agreement with Hansen/Murakamil/Eshima, 100 Filbert Street, Oakland, California, for architectural and construction management services for :Headstart Classroom Expansion, George Miller Center, 3420 Grant Street, Concord. The agreement will be effective January 9, 2001 and will provide for project management services during predesign, schematic design, design development, construction documents, bidding phase and construction administration with a payment limit of$61,260.00, which amount shall not be exceeded without prior, written authorization by the Director of General Services. The agreement shall apply to charges for services from and after Decemberl, 2000. B. AUTHORIZE the Director of General Services to execute the agreement and to issue written authorizations for extra: work, provided that the cumulative total extra cost for all such authorizations shall not exceed$14,004.00. 11. FINANCIAL IMPACT There are sufficient funds in the general fund plant acquisition account to cover the amount encumbered by this agreement. III. REASONS FOR RECOMMENDATIONS/BACKGROUND A. The project involves the addition of a modular building for Headstart Classroom Expansion at the George Miller Center, 3020 Grant Street, Concord to suit the requirements of the Community Services Department. CONTINUED ON ATTACHMENT: . YES SIGNATURE: +f 1� � r }'✓ wPttCOMMENDATION OF COUNTY ADMINISTRATOR —RECOMMENDATION OF BOARD COMMI _Z,,.APPROVE OTHER SIGNATURE(S): ACTION OF`B0ARD N APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS UNANIMOUS(ABSENT ) AYES: NOES: ABSENTS: ABSTAIN; * (District V seat is vacant) MEDIA CONTACT: 'BARTON J.GILBERT(313-7100) CC: General Services Department I HEREBY CERTIFY THAT THIS IS A TRUE Architectural Division AND CORRECT COPY OF AN ACTION TAKEN Accounting AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHAWN. File: 225=0102/X5 County Administrator's Office ATTESTED ,7ctntl �v 9 County Counsel PHIL BATC E OR,C��L K OF THE BOARDS OF Auditor-Controller SUPERVISORS AND COUNTY ADMINISTRATOR Community Services Department(via A/D) Consultant(via A/D) gY ' / ^ DEPUTY H:12001\2250102\01GO0202b.doc GB:Is Page 1 oft M382(14788) APPROVING CONSULTING SERVICES AGREEMENT FOR 225-0102/A.1.1 ARCHITECTURAL SERVICES FOR HEADSTART CLASSROOM January 9, 2001 EXPANSION AT GEORGE MILLER CENTER, 3020GRANT STREET,CONCORD FOR COMMUNITY SERVICES DEPARTMENT (WW0084) B. Hansen/Murakami/Eshima was selected to provide architectural and project management services for this project because it successfully provided similar services for the previous Headstart Classroom Expansion projects at the same physical locations and is familiar with Community Services Department programs and space requirements. C. Negotiations have been completed and an appropriate agreement is ready to sign. D. The County must proceed with this agreement for project management services because it does not have sufficient staff to provide the services. GBAs 390TOA.1.1 TO: BOARD OF SUPERVISORS FROM: BARTON J. GILBERT DIRECTOR OF GENERAL SERVICES Contra Costa DATE: January 9, 2001 C o U n ty SUBJECT: APPROVING CONSULTING SERVICES AGREEMENT FOR ARCHITECTURAL SERVICES FOR HEADSTART CLASSROOM EXPANSION AT ANTIOCH FAIRGROUNDS, 1401 W.TENTH STREET,ANTIOCH FOR COMMUNITY SERVICES DEPARTMENT(WW0088) SPECIFIC REQUESTS OR RECOMMENDATION(5)&'BACKGROUND AND JUSTIFICATION I. RECOMMENDATION A. APPROVE a consulting services agreement with Hansen/Murakami/Eshima, 100 Filbert Street, Oakland, California, for architectural and construction management services for Headstart Classroom Expansion, Antioch Fairgrounds, 1401 W. Tenth Street, Antioch. The agreement will be effective January 9, 2001 and will provide for project management services during predesign schematic design, design development, construction documents, bidding phase and construction administration with a payment limit of$68,002.00, which amount shall not be exceeded without prior, written authorization by the Director of General Services. The agreement shall apply to charges for services from and after Decemberl, 2000: B. AUTHORIZE the Director of General Services to execute the;,agreement and to issue written authorizations for extra work, provided that the cumulative total extra cost for all such authorizations'shall not exceed$10,000.00. II. FINANCIAL IMPACT There are sufficient funds in the general fund plant acquisition account to cover the'amount encumbered by this agreement. III. REASONS FOR RECOMMENDATIONSBACKGROUND A. The project involves the addition of a modular building for Headstart Classroom Expansion at the Antioch Fairgrounds, 1401 W. Tenth Street, Antioch to, suit the requirements of the Community Services Department. CONTINUED ON ATTACHMENT: X YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR -RECOMMENDATION OF BOARD COMMI -/APPROVE OTHER SIGNATURE S': (1, �� , ACTION OF BOARFO' Jamor.),r 9, 2001 APPROVED AS RECOMMENDED X OTHER J/ VOTE OF SUPERVISORS UNANIMOUS(ABSENT' ) AYES: NOES ABSENTS: ABSTAIN`. * (District V,seat >is vacant) MEDIA CONTACT: BARTON J.GILBERT(313-7100) CC' General Services Department 1 HEREBY CERTIFY THAT THIS IS A TRUE p AND CORRECT COPY OF AN ACTION TAKEN ArchitecturalDivision AND ENTERED ON THE MINUTES OF THE BOARD Accounting OF SUPERVISORS ON THE DATE SHOWN. File: 305-01031A.5 County Administrator's Office ATTESTED January 9, 2001 County Counsel PHIL BATCHELOR,CLERK OF THE BOARD OF Auditor-Controller SUPERVISORS AND COUNTY ADMINISTRATOR Community Services Department(via A/D) �►n Consultant(via A/D) Byr r I / l .L�C.C.�L Cwt J DEPUTY H:\2001k3050103101B00302b.doc GB:Is Page 1of2 M382(10188) APPROVING CONSULTING SERVICES AGREEMENT FOR 305-0103/A1.1 ARCHITECTURAL SERVICES FOR HEADSTART CLASSROOM January 9, 2001 EXPANSION AT ANTIOCH FAIRGROUNDS, 1401 W. TENTH STREET,ANTIOCH FOR COMMUNITY SERVICES DEPARTMENT (WWa088) B. Hansein/Murakami/EShima was selected to provide architectural,and project management services for this project because it successfully provided similar services for the previous Headstart Classroom.Expansion projects at the same physical locations and is familiar with Community Services Department programs and space requirements. C. Negotiations have been completed and an appropriate agreement is ready to sign. D. The County must proceed with this agreement for project management services because it does not have sufficient staff to provide the services. GBAS To: BOARD OF SUPERVISORS el FROM: Warren E. Rupf, Sheriff-Coroner r Contra DATE: December 22, 2000 Costa County SUBJECT: Contract between Office of the Sheriff and Stephen Ojena SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATION: APPROVE and AUTHORIZE the Sheriff-Coroner, or his designee, to execute a contract not to exceed $35,870.00, on behalf of the County with Stephen Ojena to provide forensic analysis and investigation services for the period January 1, 2001 through December 31, 2001. FISCAL IMPACT: NONE. Funds to provide services are included in the FY2000-2001 budget. Services are provided on a fee-for-service basis; revenue will offset the cost of this contract. BACKGROUND: The Forensic Services Division of the Office of the Sheriff provides forensic examination services to law enforcement agencies in the County on a fee for service basis. Existing staff does not have the capacity to handle the current caseload volume in a timely manner. It is cost effective to contract with skilled forensic professionals to augment staff capacity to meet client needs, to add new examination services or to train new employees. CONSEQUENCES OF NEGATIVE ACTION: Failure to provide forensic services in a timely manner can jeopardize law enforcement efforts. CONTINUED ON ATTACHMENT: NO SIGNATURE: �' ea4-4� 0 liwo� C-APPROVE OTHER SIGNATURE (S):Q�'� ACTION OF BOARD N JanUarV 9, 2001 APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS (ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. * (District V seat is vacant) Contact Person:Wanda Quaver,5-1529 CC:GAO,Justice Administration ATTESTED January 9, 2001 Auditor/Controller Sheriff(for distribution) PHIL BATCHELOR,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR BYl !• / � 'C,.t.�tt �,.._ -,DEPUTY TO: BOARD OF SUPERVISORS , FROM: William Walker, 'M.D. , Health Services Director 771 Contra Ginger Marieiro, Contracts Administrator ' Costa DATE: Decenber 20, 2000 County SUBJECT: Approval" of Contract Amendment Agreement #26-978-1 with Richard Nagle, M.D. SPEGIFtC REQUESTS)OR RECOMMENDATION(S)t0.BACKG IOUND AND JUSTIFICATION RECC3 LMATIgN(S) Approve and authorize the Health Services Director, or his designee, (Frank Puglisi, Jr. ) to execute on behalf of the County, Contract Amendment Agreement #26-978-1, with Richard Nagle, MD. , ' (Specialty: Neurology) , to amend Contract 26-978, effective January 1, 2001, to remedy the mutual mistake of the County, and Contractor and to accurately reflect the intent of the parties . FISCAL IMPACT None'. Cast to the County depends upon utilization. As appropriate, patients and/or third party payors will be billed for services BACKGROM/REASOX(S) FOR RRCOIfldL' }AT1ONS On October 3 , 2000, the Board of Supervisors approved Contract #26- 978 with Richard Nagle, M' D. , ;for the period from September 1, 2000 through .August 31, 2001, to provide on-call neurology services for Contra Costa Regional Medical Center. Due to a mutual mistake of the parties, the Fee Schedule ,in the Additional Provisions of the Contract did not accurately reflect the intent of the parties which was that Dr. Nagle would: be paid a monthly salary of $5, 300, consistent with other °'Neurologist at Contra Costa Regional Medical Center. There is no change in the original payment 'limit of $75, 600 . Approval of Contract Amendment Agreement #26-978-1 will reform the Contract ` to make the formal Contract consistent ' with the oral agreement, which was negotiated between the parties. C N U T QHM N ; Yre.1 SIGN TU RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE L APPROVE OTHER SIr2NATQRF.0q1' Q�"/_ ACTION OF BOAR �o _jaMuarv` 9�200�1 ... APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS (ABSl NT * ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES:: AND ENTERED ON THE MINUTES OF THE BOAR© ABSENT: ABSTAIN: OF SUPERVISORS ON TIME DATE SHOWN. * '(District V seat is vacant:) ATTESTED January 9, 2001 PHIL BATCHELOR,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR ContactP'erson: Frank Pugl .si (370-5100 CC: Health Services(Contracts) Risk Management Auditor Controller BY - '�- ,DEPUTY Contractor