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HomeMy WebLinkAboutMINUTES - 05031994 - 1.5 (2) TO: R BOARD OF SUPERVISORS FROM: Mark Finucane, Health Services Director contra taBy: Elizabeth A. Spooner, Contracts Administrat Cos DATE: April 21, 1994 (" County SUBJECT., Approval of Contract Amendment Agreement #22-470-1 with Edward White I SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION I. RECOMMENDED ACTION: Approve and authorize the Health Services Director, or his designee (Wendel Brunner, M.D. ) , to execute on behalf of the County, Contract Amendment Agreement #22-470-1 with Edward .White, effective April 15, 1994, to amendi, Contract #22-470 (effective November 1, 1993 through July 31, 1994) ; to increase the paymqnt limit by $7,000, from $21,500 to a newContract payment limit of $28,500. II. FINANCIAL IMPACT: This Contract is funded by 100% by State of California, Office of AIDS. No County funds are required. III. REASONS FOR RECOMMENDATIONS/BACKGROUND: In November, 1993, the County Administrator approved, and the Purchasing Services Manager executed, Short Form Service Contract #22- 470 with Edward White, to provide consultation and technical assistance to the County's AIDS Program. Approval of Contract Amendment Agreement #22-470-1 will allow the Contractor to provide additional units of service through the end of the current contract term. e-- CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMM DA ION OF BOAR COMMITTEE APPROVE OTHER SIGNATURE(S) ACTION OFBOARD ON t=,a-A- ,3 APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS UNANIMOUS (ABSENT I HEREBY CERTIFY THAT THIS IS A TRUE AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact: Wendel Brunner, M.D. (313-6712) CC: Health Services (Contracts) ATTESTED Risk Management Phil 91tcho-bA&A of the Board of Auditor-Controller Suvervisors and County Administrator Contractor M382/7-83 BY DEPUTY I.5C/ Contra Costa County Standard Form 1/87 CONTRACT AMENDMENT AGREEMENT (Purchase of Services) Number 22-470-1 Fund/Org # 5825 Account # 2310 Other # 1. Identification of' Contract to be Amended. Number: 22-470 K FT Effective Date: November 1, 1993 D A Department: Health Services - Public Health Division subject: Consultation and technical assistance to County's AIDS Program 2 . Parties. u • f Contra Costa, California (County) , for its Departm am 41lows: ' , and the following named Contractor mutually agree a 40 a Contractor: EDWARD WHITE Capacity: Self-employed individual Address: 1310 Marin Avenue, Albany, California 94706 3 . Amendment Date. The effective date of this Contract Amendment Agreement is April 15 , 1994 4. Amendment Specifications. The Contract identified above is hereby amended as set forth in the "Amendment Specifications" attached hereto which are incorporated herein by reference. 5. Signatures. These signatures attest the parties' a reemet ereto: OUNTY OF CONTRA COSTA CALIFORN lT n ATTEST: P1 Batchelor, Clerk of BOARD R,21k RS the Board of Supervisors and County Administrator By Chairman/Designee Deputy CONTRACTOR By ByXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX (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. r � Contra Costa County Standard Form 1/87 APPROVALS/ACKNOWLEDGEMENT Number 22-470-1 APPROVALS RECOMMENDED BY DEPARTMENT FORM APPROVED By By Designee APPROVED: COUNTY ADMINISTRATOR By ACKNOWLEDGEMENT State of California ACKNOWLEDGEMENT (By Corporation, Partnership, or Individual) County of The person(s) signing above for Contractor, personally known to me in the individual or business capacity(ies) stated, or proved to me on the basis of satisfactory evidence to be the stated individual or the representatives) of the partnership or corporation named above in the capacity(ies) stated, personally appeared before me today and acknowledged that he/she/they executed it, and acknowledged to me that the partnership named above executed it or acknowledged to me that the corporation named above executed it pursuant to its bylaws or a resolution of its board of directors. Dated: [Notarial Seal] Notary Public/Deputy County Clerk -2- a �+ AMENDMENT SPECIFICATIONS Number 22-470-1 In consideration of Contractor's agreement to provide additional services under the Contract identified herein, County agrees to increase the Contract Payment Limit. County and Contractor agree, therefore, to amend said Contract as specified below, while all other parts of said Contract remain unchanged and in full force and effect. 1. Term. The Term of the Contract set forth in Paragraph 3. (Term) is hereby modified to terminate June 30, 1994. 2. Payment Limit Increase. The Contract Payment Limit amount set forth in Paragraph 5. (Payment Limit) , is hereby increased by $7,000 from $21,500 to a new total Payment Limit of $28,500. 3. Modification of Payment Provisions. Payment Provisions Paragraph 1. (Payment Amounts) , subparagraph d. , is hereby modified to read as follows: "[%] d. (1,) $20.00 per service unit as defined below, not to exceed 1.350 service units, or a total payment of $27,000; and (2) In addition, County will reimburse Contractor an amount not to exceed $1,500 as follows: a) for miscellaneous expenses actually incurred in the provision of services hereunder during the term of this Contract; b) at the rate of 28 cents per mile for the use of a private automobile required in the provision of services hereunder; and c) for conference registration and travel on behalf of the County, approved in advance by the Assistant Health Services Director--Public Health. A unit of service, for payment purposes, shall be defined as the provision of one full hour of services as specified in Paragraph 2. (Service Activities) of the Additional Provisions. Portions of a service hour spent by Contractor in providing services shall not be reported, except as the cumulative totals equal one full hour. " 4. Modification of Additional Provisions. a. Additional Provisions Paragraph 4. (Workers' Compensation) is hereby replaced by a new Paragraph 4. to read as follows: 11 4. Withholding and FICA Deductions. Notwithstanding Paragraph 10. (Independent Contractor Status) , for purposes of withholding state and federal taxes and Social Security only from payments due, the Contractor will be treated as an employee and the Auditor-Controller will make deductions for these purposes as if Contractor was an employee. Contractor agrees that for all other purposes, Contractor is not a County employee and remains an independent contractor. Contractor further agrees that the County has no obligation to provide, and Contractor will not be provided with, worker's compensation insurance or fringe benefits, including but not limited to, vacation, sick leave, retirement and health plan coverage. " b. Additional Provisions Paragraphs 5. (Tax Withholding) , 6. (Immunity and Indemnification) , and 7. (Claims Waiver) are hereby deleted in their entirety. Initials: Contractor County Dept.