HomeMy WebLinkAboutMINUTES - 02062001 - C.86 TO: BOARD 0 SUPERVISORS
FROM: MAURICE SHIU, PUBLIC WORKS DIRECTOR
DATE: FEBRUARY 6, 2001
SUBJECT: APPROVAL TO EXECUTE A SHORT FORM SERVICE CONTRACT IN THE AMOUNT
OF $30, 566.00, EFFECTIVE MARCH 1, 2001 THROUGH FEBRUARY 28, 2002, WITH
MARGARET FONG IN COUNTY SERVICE AREA M-17, MONTARABAY COMMUNITY
CENTER AND THE PUBLIC WORKS DEPARTMENT. PROJECT NO. 7489/4506, 2310
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I. Recommended Action:
APPROVE and AUTHORIZE the Public Works Director to execute a short form service
contract in the amount of $30,566.00, effective March 1, 2001 through February 28, 2002, with
Margaret Fong in County Service Area M-17, Montarabay Community Center and the Public
Works Department.
II. Financial Impact:
There will be no financial impact to the General Fund. The funding source is derived from
various special district service areas.
Continued on Attachment: X SIGNATURE:
_RECOMMENDATION OF COUNTY ADMINISTRATOR
_RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE (S):
ACTION OF BOARD ON APPROVED AS RECOMMENDED XOTHER_
VOTE OF SUPERVISORS
_X UNANIMOUS (ABSENT )
AYES: NOES: I hereby certify that this is a true and correct copy
ABSENT: ABSTAIN: of an action taken and entered on the minutes of
the Board of Supervisors on the date shown.
ATTESTED: FifL-iT(crny-!, 6, v7 0G/
MF:sd PHIL BATCHELOR, Clerk of the Board of
\\PWS4\SHARDATA\Grp Data\SpDist\Board Orders
\2001\02February\FongContract 2-6-01.doc Supervisors and County Administrator
Orig.Div: Public Works(Special Districts)
Contact: Skip Epperly(313-2253)
cc: County Administrator
Assessor By //2�a e,�A
Auditor-Controller i'
Community Development Deputy
County Counsel
Margaret Fong
Azile Cross(3 copies)
SUBJECT: APPROVAL TO,EXECUTE A SHORT FORM SERVICE CONTRACT IN THE AMOUNT
OF $30, 566.00, EFFECTIVE MARCH 1, 2001 THROUGH FEBRUARY 28, 2002, WITH
MARGARET FONG IN COUNTY SERVICE AREA M-17, MONTARABAY COMMUNITY
CENTER AND THE'PUBLIC WORKS DEPARTMENT. PROJECT NO. 7489/4505 2310
DATE: FEBRUARY 6, 2001
PAGE PAGE 2
III. Reasons for Recommendations and Background:
Margaret Fong has been a County Contract employee in the capacity of Administrative Aide for
approximately two years. Her performance warrants the hourly pay increase.
IV. Consequences of Negative Action:
Community programming and support services for the Public Works Department will be
negatively impacted without implementation of this payment limit increase.
Number:
Fund/Org No.: 7489/4505
Standard Form 1/88 Account No.: 2310
Task No.:
Activity:
u.w
SHORT FORM SERVICE CONTRACT
1. Contract Identification.
Department: Public Works Department
Subject: Administrative Aide Duties
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: Margaret Fong
Capacity: Administrative Aide
Address: 16 Fairway Place
Pleasant Hill, CA 94523
(925) 825-2741 Taxpayer ID No.: 545-37-0546
3. Term. The effective date of this Contract is March 1, 2001 and it terminates
February 28, 2002 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 $18.94 per hour plus applicable County fringe benefits. County's total
payments to contractor shall not exceed $30,366.00. In addition, an allowance for
mileage & meals not to exceed $200.00.
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
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:
[Check one alternative only]
[X] a. FEE RATE: $18.94 per hour + applicable County fringe benefits
at approximately 32 hours per week
[ ] b. Payment in full after approval by the Department.
[ ] c. As set forth in the attached Payment Provisions.
1
I
SHORT FORM SERVICE CONTRACT
7. Contractor's Obligations. Contractor shall provide the following described services:
A. Facility Programs and Rentals
1) Develop, coordinate and schedule recreational classes.
2) Initiate 'and coordinate advertising and program promotion literature
and press releases.
3 Publicize promote, book and manage all rentals at the MonTaraBay
, p g Y
Community Center or other similar facilities.
4) : Execute rental agreements.
5) Enforce program policies and rules.
6) Ensure that all program participants;,receive and sign the Release
From Liability form and'that a copy of said form is forwarded to Contra
Costa County Public Works Department when executed.
7) Ensure that roll is taken in each class session on forms approved by
Contra Costa County Public Works Department.
8) Work each Monday at the MonTaraBay Community Center and:work
Tuesday through Thursday as assigned by the Contra Costa County
Public Works Department.
9) Negotiate with, and secure the services of qualified personnel to
provide instruction in a variety of community classes, seminars and/or
workshops .
10) Provide oral presentations before civic and fraternal organizations,
clubs and at public meetings.
11) Respond to programmatic and rental.inquiries from the public.
12 Implement, oversee and administer the complete operation of the
p p P I
Adult Softball program at the MonTaraBay Ballfield Complex and/or
at other similar facilities as assigned.
B. Facility Maintenance
1) Ensure that the MonTaraBay Community Center, or similar facility
where assigned`, is in good working order and resolve all operational
difficulties (i.e., repairs, safety issues).
2) Order and maintain a stock of supplies (i.e. office, janitorial, program
etc.)
2
SHORT-FORM SERVICE CONTRACT
B. Facility Maintenance (continued)
3) At the Community Center/Recreation Facility where assigned, oversee the
delivery of grounds maintenance services and ensure that the grounds are
maintained in a clean and safe condition at all times.
4) Immediately notify the Contra Costa County Public Works Department of any
unsafe or dangerous conditions or equipment,
5) Report all accidents, incidents and/or injuries that occur on the appropriate
Contra Costa 'County forms and submit to the Contra Costa County Public
Works Department within 24 hours of the occurrence.
6) Contact the appropriate emergency resources in case of an emergency.
7) Oversee the janitorial staff/service at the Community Center/Recreation
Facility.where'�assigned and ensure that the facility is maintained in a clean
and safe condition at all times.
8) Oversee the infield preparation of the ballfields. Ensure that the infields are
free of hazards and that the equipment (i.e. bases, pitchers mounds, home
plates) are installed and maintained in a safe, hazard-free condition at all
times.
C. Reporting and Record Keeping
1) Attend the bi-annual County Service Area M-17 (MonTaraBay) community
meetings and other meetings as determined by the Contra Costa County
Public Works Department.
2) As requested,+ prepare and provide written programmatic reports (including
statistical and narrative documentation) to Contra Costa County, Public
Works Department, in a format determined and approved by the Public
Works Department.
3) Prepare and provide budget reports regarding revenues and expenditures
for the Community Center's programs, events and rentals, as requested by
Contra Costa County,Public Works.
4) Prepare and submit all Demand forms (Form#D15.11) and Deposit Permits
(Form #D34), (accompanied with original receipts, and back-up
documentation), in a timely fashion (minimally every 2-4 weeks).
5) Report to the Contra Costa County Public Works Department all complaints
received and steps taken to resolve those complaints.
6) Maintain current file of all meeting agendas and minutes for County Service
Area M-17 (MonTaraBay).
3
SHORT FORM SERVICE CONTRACT
C. Reporting and,Record Keeping (continued)
7.) Prepare, maintain and keep current, the Recreation Center's
Equipment Inventory List in accordance with the standards and
guidelines established by Contra Costa County Public Works
Department and the Auditor/Controllers Office.
8) Perform other duties as required by the Contra Costa County Public
Works Departm,ent.
9) Assist in the preparation of the agenda, minutes and meeting notices
for the bi-annual County Service Area M-17 community meeting or
other meetings as assigned.
10) Complete long term administrative projects, which may require
statistical research, budget analysis, salary surveys, organizational
studies, legislative analysis and oral/written reports.
11) Learn the structure and operation of County government.
12) Assist in gathering, tabulating and analyzing factual data.
13) Must possess a valid California Driver's License.
14) May periodically be stationed at other locations such as, but not
limited to, the Lefty Gomez Recreation Center or the Crockett
Community Center.
15) Other duties as assigned by the Contra Costa County Public Works
Department.
16) Ensure that once $200 in cash or$1,500 in checks is accumulated at
the community center/s, that a bank deposit will be made.
8. Compliance with Law. Contractor shall be subject to and comply with all Federal, State and
local Maws 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,
colori national original, 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.
4
SHORT FORM SERVICE CONTRACT
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!
SHORT FORM SERVICE CONTRACT
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: A: //6-3 p By
Purchasing Designee
(Designate Office Capacity)
Approved by County Administrator
By: By:
Coun y Administ for Designee
(Designate Office Capacity)
Recommended by Department:
By:
Maurice' Shiu, Public Works Director
[Form Approved by County Counsel]
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 that of the secretary or assistant secretary(Civil Code Section 1190.1 and Corporations Code Section 313).
G:\GrpData\SpDist\CONTRACT\FONGOI.doc
Cc: J.Bueren,Deputy
H.Ballenger,Engineering Services
M.Morton,Engineering Services
S.Epperly,Special District
6
it
QUESTIO''NAIRE FOR DETERMINING JNDF-_-=NDENT
'NTRACTOR PAYMENT 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)
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?
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 asl the
independent contractor? ( ( )
e. Does the County supply assistants to the
contractor? O
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:
certify that the answers to the above
questions accurately reflect the anticipated REVIEWED A ED BY: '
working'' relationship.
:kw
5/3/99
\W WS 1\SHARDATA\GmData\SpDist\CONTRACTNquestionairo.doc
it