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Home My WebLink AboutMINUTES - 06171997 - C102 ' - � C•X02 TO: BOARD OF SUPERVISORS Contra FROM: Victor J. Westman f ' Z Costa County Counsel Co U rlty DATE: June 4, 1997 SUBJECT: Approval of Service Contract with Bernard Knapp SPECIFIC REQUEST($)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. RECOMMENDED ACTION APPROVE and authorize County Counsel or designee to execute a temporary legal services contract with Bernard Knapp.for the period from June 27, 1997, through December 31, 1997, at the rate of$60 per hour as utilized. II. FINANCIAL IMPACT This contract will be funded from County Counsel revenue from its fee charges and can be terminated upon three days' notice during its term should revenue fee charges no longer be available. III. BACKGROUND The approval of this contract will allow the County Counsel's staff to provide continuity of legal services for pending Risk Management Tort litigation during its term. VJ W:gmm CONTINUED ON ATTACHMENT: YES SIGNATUR • RECOMMENDATION OF COUNTY ADMINISTRATOR RECO MENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON JUN 17 1997 APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS /—LINANIMOUS I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY (ABSENT ) OF AN ACTION TAKEN AND ENTERED N THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. AYES: ATTESTED JUN 111997 NOES: PHIL BATCHELOR,'CLERK OF THE BOARD OF t SUPERVISORS AND COUNTY ADMINISTRATOR ABSENT: ABSTAIN: BY ,DEPUTY cc: County Counsel Auditor H:\GMUGG\WPWN61\CONTFZACT\KNAPP\97A-ORD.VVPD TEMPORAR Y LEGAL SER VICES CONTRA CT Number Fund/Org#1705 Acct.#2314 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: BERNARD L. KNAPP CAPACITY: An Individual TAXPAYER ID: 570-88-9803 ADDRESS: 825 Pomona, Albany, CA 94706 3. Term and Purpose. The effective date of this Contract is, June 27, 1997, and it terminates on close of business December 31, 1997, 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 the Contractor upon thirty-day advance written notice to County. 5. Amended Payment Limit. County's total payments to Contractor under this Contract shall not exceed $63,840. Additionally, Contractor shall be reimbursed for mileage for travel in his/her personal vehicle to and from the office and various courts as his/her assignments require and such other authorized travel expenses(.e.g., lodging, meals, air fare, etc.) as incurred, such reimbursement to be paid at the same rate and manner as if he were a County employee. 6. Coun '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 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: $60.00 per service unit (1 unit = 1 hour), as defined below; Not to exceed a total of 1,064 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. As assigned, Contractor shall provide the following described services on non-holiday weekdays: Temporary legal services for the County Counsel including, but not limited to, legal research and advice, administrative and court hearings, 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, an Assistant County Counsel, or Deputy County Counsel Gregory Harvey. 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. 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) of the Federal Government. 12. 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. 13. 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. 14. Legal Authority. This Contract is entered into under and subject to the following legal authorities: California Government Code sections 26227 and 31000. 2 15. Signatures. These signatures attest the parties' agreement hereto: COUNTY OF CONTRA COSTA,CALIFORNIA CONTRACTOR B Yim Oro on VICTOR J. MAN BERNARD L. KNAPP County Counsel Individual APPROVED BY Anthony Enea County Administrator's Office n D H:\G MUGG\W P W IN61\CONTRACTKNA PP\I2-31-9 Z W PD 3 QUESTIONNAIRE FOR DETERMINING INDEPENDENT CONTRACTOR PA EMENT 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 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? ✓ 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? ✓ 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: I certify that the answers to the above questions accurately reflect the anticipated working relationship, and that I gmm shall be paid subject to regular contributions and withholding, under state and federal laws. y REVIEWED AND APPROVED BY: r • Ber rd L.Knapp2/dIrowd4-if Contractor f T&OR J. STMAN County Counsel HAGMUGG\WPW IN61\CONT"CTKNAPP\I2-31-97.W PD 4