HomeMy WebLinkAboutMINUTES - 05241994 - 1.57 l S�
TO: BOARD OF SUPERVISORS
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FROM: HARVEY E. BRAGDON f.l�.J1 A
DIRECTOR OF COMMUNITY DEVELOPMENT
CJlJ�7lC�
_ County
DATE: May 24, 1994
SUBJECT: AUTHORIZE COUNTY PURCHASING SERVICES OFFICER TO SIGN SERVICES AGREEMENT
FOR PLANNING SERVICES WITH COMMUNITY DEVELOPMENT DEPARTMENT
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
Authorize the Contra Costa County Purchasing Services Officer to
sign the following service agreement identified below:
1 . Service . contract with Edy Zwierzycki for water and water-
related issues within the Community Development Department for
the amount of $16, 000 . 00 . The service contract term is
effective June 1, 19.94 thru November 28, 1994 .
FISCAL IMPACT
None . Budgeted by Water Agency (7825) for FY 93/94 and FY 94/95 .
BACKGROUND/REASONS FOR RECOMMENDATIONS
The Community Development Department employs contract-employee
planners and has done so during the economic recession. The
Department will continue .this practice until the economy improves
and stabilizes . During this period, some contract-employee
planners will exceed the $25, 000 level or a rolling twelve (12)
month period when an amendment or new contract is recommended.
Contracts are normally for a period of six months .
The above named contract-employee .has gained value 4exr' ence and
this experience is in continued need at this time.
CONTINUED ON ATTACHMENT: YES SIGNATUR
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMM NDA ON BOARD COMMITTEE
APPROVE OTHER
SIGNATURE (S) :
ACTION OF BOARD ON gang �+ �- 'F APPROVED AS RECOMMENDED / OTHER
VOTE OF SUPERVISORS
// I HEREBY CERTIFY THAT THIS IS A
UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES. OF THE BOARD OF
SUPERVISORSS� 2 THE DATE SHOWN.
Contact: Ron deVincenzi (510.) 646-2026 ATTESTED ii1 `It 4199%
cc: Community Development Department (CDD) PHIL BATCHELOR, CLERK OF
Purchasing Agent, General Services Dept . THE BOARD OF SUPERVISORS
Contracts, Auditor-Controller AND COUNTY ADMINISTRATOR
BY p I �, , Q DEPUTY
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SHORT FORM SERVICE CONTRACT
Contra Costa County Number C4512500
Standard Form 1/88 Fund/Org#0357-X96-YB�#�59
Account # 2310-0
Other #
1. Contract Identification.
Department: Community Development Department
Subject: Planner I
2. Parties. The County of Contra Costa, California (County), for its Department named above, and the following
name Contractor mutually agree and promise as follows:
Contractor: Edy Zwierzycki
Capacity: Consultant - Planner I Taxpayer ID# 568-41-0264
Address: 126-A Ascot Court
Moraga, CA 94556
3. Term. The effective date of this Contract is June 1, 1994 and it terminates November 28. 1994 unless sooner
terminated as provided herein.
4. Termination. This Contract may be terminated by the County, at its sole discretion, upon five-day advance
written notice thereof to the Contractor, or cancelled immediately by written mutual consent.
5. Pa ment Limit.County's total payments to Contractor under this contract shall not exceed $ 16 000.00.
This amount will be paid as follows: $15,300.00 for services, and $700.00 towards mileage amile
and/or miscellaneous expenses.)
6. County's Obligations. In consideration of Contractor's provision of services as described below, and
subject tote payment limit expressed herein, County shall pay Contractor, upon Contractor's submission
of a properly documented demand for payment (County Demand Form D-15) which shall be submitted not later
than 45 days from the end of the month in which the contract services were rendered, and upon approval of
such demand by the head of the County Department for which this Contract is made or his designee, as
follows:
[Check one alternative only]
(X) hour: or
[X] a. FEE RATE: $ 15.00 per service unit: ( ) session, as defined below: or
( ) calendar (insert day, week or month)
NOT TO EXCEED a total of 1,020 service unit(s).
[ ] b. Payment in full after approval by the Department.
[ ] c. As set forth in the attached Payment Provisions.
7. Contractor's Obligations. Contractor shall provide the following described services:
The Planner I shall perform assigned tasks involving water and water-related issues, under the supervision
of the Water Agency Staff.
8. Com liance with Law. Contractor shall be subject to and comply with all Federal, State and local laws and
regulations app icable 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
avai I ab I e to a I I qua 11fie persons regardless of age, sex, race, religion, color, national origin, or ethnic
background, or handicap, and that none shall be used, in whole or i.n part, for religious worship or
instruction.
SHORT FORM SERVICE CONTRACT
Number C4512500
10. Inde endent Contractor Status. This Contract is by and between two independent contractors and is not
intended to an s a not e construed to create the relationship between the parties of agent, servant,
employee, partnership, joint venture, or association.
11. Disputes. Disagreements between the County and Contractor concerning the meaning, requirements, or
performance of this Contract shall be subject to final determination in writing by the head of the County
Department for which this Contract is made or his designee or in accordance with the applicable procedures
(if any) required by the State or Federal Government.
12. Access to Books and Records of Contractor, Subcontractor. Pursuant to Section 1861(v)(1) of the Social
Security Act, and any regulations promulgated thereunder, Contractor shall, upon written request and until
the expiration of four years after the furnishing of services pursuant to this Contract, make available to
the Secretary of Health and Human Services, the Comptroller General, the County, or any of their duly
authorized representatives, this Contract and books, documents, and records of Contractor that are necessary
to certify the nature and extent of all costs and charges hereunder.
Further, if Contractor carries out any of the duties of this Contract through a subcontract with a value
or cost of $10,000 or more over a twelve-month period, such subcontract shall contain a clause to the effect
that upon written request and until the expiration of four years after the furnishing of services pursuant
to such subcontract, the subcontractor shall make available, to the Secretary, the Comptroller General, the
County, or any of their duly authorized representatives, the subcontract and books, documents, and records
of the subcontractor that are necessary to verify the nature and extent of all costs and charges hereunder.
This special condition is in addition to any and all other terms regarding the maintenance or retention of
records under this Contract and is binding on the heirs, successors, assigns and representatives of
Contractor.
13. Reporting Requirements. Pursuant to Government Code §7550, Contractor shall include in all documents or
written reports comp eted and submitted to County in accordance with this Contract, a separate section
listing the numbers and dollar amounts of all contracts and subcontracts relating to the preparation of each
such document or written report. This section shall apply only if the payment limit under this Contract
exceeds $5,000.
14. Indemnification. The Contractor shall defend, indemnify, save, and hold harmless the County, its governing
bodies, officers, and employees from any and all claims, costs and liability for any damages, injury or
death arising directly or indirectly from, or connected with, the services provided hereunder and due to,
or claimed or alleged to be due to, negligence or willful misconduct of the Contractor, its officers,
employees, agents, subconsultants, or any person under its direction or control, save and except claims or
litigation arising through the sole negligence or sole willful misconduct of the County, and will make good
to and reimburse the indemnitees for any expenditures, including reasonable attorneys' fees, the indemnitees
may make by reason of such matters, and, if requested by any of the indemnitees, will defend any such suits
at the Contractor's sole cost and expense.
15. Legal Authority. This Contract is entered into under and subject to the following legal authorities:
California Government Code Sections 26227 and 31000.
16. Signatures. These signatures attest the parties' agreement hereto:
COUNTY OF CONTRA COSTA, CALIFORNIA CONTRACTOR 1, �p
BY BY
esignee
4Yroved: County Administrator esigna e official capacity)
Designee
Recommended bi Department
By .�.._ .�..._
esignee
(Form approved by County Counsel)
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INDEPENDENT CONTRACTOR QUESTIONNAIRE
All new or renewal independent contractor agreements that do not meet IRS criteria
for independent contract status must be paid through the payroll system so that
withholding taxes and Social Security can be deducted (note: this does not apply in
the case of contracts with corporations, temporary help agencies, partnerships or
established businesses with a Taxpayer Identification Number).
For completion by Department Personnel:
YES NO
a. Do I, as the employer, have the right to
control not only the result of the work,
but also the way in which it is done?
b. Am I setting the independent contractor's
hours? (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?
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? (+r' ( )
g. Does the County furnish training, tools,
or equipment to the contractor? W� ( )
A "yes" answer to any of the above questions will constitute justification for paying
the contractor through the payroll system.
CONTRACTOR CERTIFICATION: PREPARED B
certify that the answers to
the above questions accurately
reflect the anticipated working
relationship. REVIEWED AND APPROVED BY:
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