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HomeMy WebLinkAboutMINUTES - 06211994 - 1.61 Ael •' s TO: BOARD OF SUPERVISORS Contra _t FROM: FRANKLIN LEW Costa DIRECTOR OF BUILDING INSPECTION �, .�:•:.,_ ._ .o� County (�o. `- ••`q„ DATE: June 8, 1994 SUBJECT: AUTHORIZE COUNTY PURCHASING SERVICES OFFICER TO SIGN AGREEMENTS WITH SR. PLANNING TECHNICIAN FOR THE.BUILDING INSPECTION DEPARTMENT SPECIFIC REOUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATIONS Authorize the Contra Costa County Purchasing Services Officer to sign the following service contract identified below: Service contract with Ronald Jackson for contract employee Zoning ' Investigation services for the amount of $20,750.00. The service contract term is effective July..I--,, 1994 through December 31, 1994. FISCAL IMPACT None. -All costs are supported by application fee(s) . CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE -ZUNANIMOUS(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. Contact: Mickie Perez (510) 646-2337 CC: Building Inspection Department (BID) ATTESTED Purchasing Agent, General Services Dept. PHIL B( CHELOR,CLERK OF THE BOARD OF Contracts, Auditor_Controller SUPERVISORS AND COUNTY ADMINISTRATOR M382 (10/88) BY JCL ' eL D Q DEPUTY Vontra Costa County 1\LAW UCL St ndird,`Form 1/87 SHORT FORM SERVICE CONTRACT FundjOrg #3420-2310 Account 4 1. Contract Identification. Other # Department: Building Inspection Subject: Zoning Investigation 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: Ronald Jackson Capacity: Consultant Taxpayer ID# 567-40-3280 Address: 200 Sunrise Way Vallejo, CA 94591 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 cancelled immediately by written mutual consent . 5. Payment Limit. County's total payments to Contractor under this Contract shall not exceed $ 20,750.00 (This amount will -be paid as follows: $20,650.00 for services, and $100.00 towards mileage @ $.28/mile and/or misc. 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 submission of a properly documented demand for payment in the manner and form prescribed by County (Demand Form D-15) 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] (a hour; or [ ) a. FEE RATE: $ 20.65 per service unit: ( ) session, as defined below; or ( ) calendar (insert day, week or month) NOT TO EXCEED, a total of 12 service unit(s) . [ J 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: Perform zoning investigation services on a contract basis. See Attachment A. 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, reli- gion, color, national origin, or ethnic background, or handicap, and that none shall be used, in whole or in part, for religious worship or instruction. --------------- - MM Der 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 sub- contract with a value or cost of $10,000 or more over a twelve-month period, such sub- contract 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, docu- ments, 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 iT the payment limit under this Contract exceeds $5,000. 14. Indemnification. The Contractor shall defend, indemnify, save, and hold harmless the County and its officers and employees from any and all claims, costs and liability for any damages, sickness, death, or injury to person(s) or property, including without limitation all consequential damages, from any cause whatsoever arising directly or indirectly from or connected with the operations or services of the Contractor or its agents, servents, employees or subcontractors hereunder, save and except claims or litigation arising through the sole negligence or sole willful misconduct of the County or its officers or employees . Contractor will make good to and reimburse the County for any expenditures, including reasonable attorneys fees, the County may make by reason of such matters and, if requested by the County will defend any such suits at the sole cost and expense of the Contractor. 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, CALI ORNIA CONTRACTOR By_ Designee J 1 Approved: County Administrator (Designate off al capacity) By Designee Recde Depart O By. - -q(Ez. - [Form approved by County Counsel] Tlaci vnaa ATTACHMENT A Contractor: Ronald Jackson Taxpayer ID# 567-40-3280 Scope of Work: Investigation of zoning violations, preparation of necessary documents as required by County Counsel to prosecute, and the appearance in court as an investigator/witness as required by the Court or County Counsel. Payment Schedule/Work Schedule: Payment will be on a per hour basis as identified in Section 6.(a) of this contract; the work schedule is the equivalency of forty hours per week; any work exceeding this number of hours will be paid as overtime at a rate of 1.5 times the hourly pay rate or the contractor may opt for "time-off equivalency" of 1.5 times the overtime hours worked. Supervision: The contractor reports to the Chief, Property Conservation Division of the Building Inspection Department ("Chief"). The Chief determines work assignments and schedules, monitors and evaluates performance, and provides administrative direction to the contractor. The Deputy Director for Current Planning in the Community Development Department ("Deputy Director") provides direction to the contractor in the interpretation of zoning violations and compliance. The Deputy Director may recommend to the Chief that the contractor give high priority to work associated with a specific case, including prosecution. The Chief will cooperate as much as possible, taking into account workloads and priorities of other zoning cases.