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Home My WebLink AboutMINUTES - 06211994 - 1.59 TO: BOARD OF SUPERVISORS FROM: HARVEY E. BRAGDON DIRECTOR OF COMMUNITY DEVELOPMENT DATE: June 21, 1994 SUBJECT: AUTHORIZE COUNTY PURCHASING SERVICES OFFICER TO SIGN AGREEMENTS WITH PLANNERS FOR THE 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 contracts identified below: 1 . Service contract with Deidre Dingman for contract employee Consultant Planner I services for the amount of $17, 400 . 00 . The service contract term is effective July 1, 1994 thru December 31, 1994 . 2 . Service contract with Delmar Tompkins for contract employee Land Development Planner services for the amount of $18, 907 . 00 . The service contract term is effective July 1, 1994 thru December 31, 1994 . 3 . Service contract with Todd Sutton for contract employee Resource Recycling services for the amount of $17, 602 . 00 . The service contract term is effective July 1, 1994 thru December 31, 1994 . FISCAL IMPACT None . All costs are supported by application fee (s) . CONTINUED ON ATTACHMENT: X YES SIGNATU RECOMMENDATION OF COUNTY ADMINISTRATOR RECO ION CW ARD COMMITTEE APPROVE OTHER SIGNATURE (S) : ACTION OF BOARD ON 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 SUPERVISORS ON THE DATE SHOWN. Contact: Ron deVincenzi (510) 646-2026 ATTESTED — a-1 1 1 .?9 cc: Community Development Department (CDD) PHIL BATCHE OR, CLERI< OF Purchasing Agent, General Services Dept . THE BOARD OF SUPERVISORS Contracts, Auditor-Controller AND COUNTY ADMINISTRATOR BY .e1 iOQ J DEPUTY MB :cm aAmisc\contract.brd Purchasing Services Officer - Page 2 June 21, 1994 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. . Contract are normally for a period of six months . The above named contract-employees have gained value experience and this experience is in continued need at this time. aAmisc\contract.brd a SHORT FORM SERVICE CONTRACT Contra Costa County Number Standard Form 1/88 Fund/Org #3520-2310-X96-5BCPAD Account# Other# 1. Contract Identification. Department: Community Development Department Subject: Consultant- Planning Service 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: Delmar Tompkins Capacity: Land Development Planner Taxpayer ID# 547-84-3351 Address: 3184 Larchmont Lane San Pablo, CA 94806 3. Term. The effective date of this Contract is July 1, 1994 and it terminates December 31, 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 canceled immediately by written mutual consent. 5. Payment Limit. County's total payments to Contractor under this contract shall not exceed$18,256.00(This amount will be paid as follows: $18,907.00 for services, and$550.00 towards mileage at$0.28/mile and/or miscellaneous expenses). 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 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] a. FEE RATE: $17.40 per service unit: [X] On an hourly basis NOT TO EXCEED a total of 1,055 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: Review and make recommendations on land development applications. Provide customer service at Permit Counter. Contractor will provide replacement service for a planner that is on leave during the contract period and will be paid with the funds budgeted for that planner. 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. SHORT FORM SERVICE CONTRACT 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) 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 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 $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 By: By: K� Designee (Designate official cap city) Recommended by Department: By: By: -`Designee (Designate official capacity) Approved: County Administrator By: Designee 3misc:Tompkins.cnt