HomeMy WebLinkAboutMINUTES - 02072006 - C.17 TO: BOARD OF SUPERVISORS '�£ s L °� Contra
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR
- : Costa
DATE: February 7, 2006County
SUBJECT: APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract with
Valerie Matlock in the amount of$99,000 for the provision of recreational services for the period
February 7, 2006 through February 6, 2008, Alamo area (District III) Project No. 7758-6X5032
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDED ACTION:
APPROVE and AUTHORIZE the Public Works Director,or designee,to execute a contract with Valerie Matlock in
the amount of$99,000 for the provision of recreational services for the period February 7,2006 through February 6,
2008, Alamo area.
FISCAL IMPACT:
There is no impact to the County General Fund. County Service Area R-7A funds will pay 100% of the costs
associated with the recreational services.
Continued on Attachment: X SIGNATURE:
COMMENDATION OF COUNTY ADMINISTRATOR
_RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S)':)r,._z�:
7'aZ
ACTION OF BO ONf�, V � APPRo0PaOVED AS RECOMMENDED OTHER
VO OF SUPERVISORS
UNANIMOUS(ABSENT " )
AYES: NOES: I hereby certify that this is a true and correct copy of an action
ABSENT: ABSTAIN: taken and entered on the minutes of the Board of Supervisors on
the date shown.
MF:ms
G:\GrpData\SpDist\Board Orders\2006-Board Orders\ /f
2-07-06 BO Recreation Programming-Valerie Matlock.doc ATTESTED: �KR/� d oew
Orig.Div:Public Works(Special Districts)
Contact: Margaret Fong(313-2005) JOHN SWEETEN, Clerk o Board of Supervisors and County
cc: County Administrator Administrator
County Counsel
E.Doten,Sp.Dist.
D.Edmonds,Sp,Dist.
File Folder By ,Deputy
SUBJECT: APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract with
Valerie Matlock in the amount of$99,000 for the provision of recreational services for the period
February 7, 2006 through February 6, 2008, Alamo area (District III) Project No. 7758-6X5032
DATE: February 7, 2006
PAGE: 2
REASONS FOR RECOMMENDATIONS AND BACKGROUND:
Currently, there is not an established Parks and Recreation Department within Contra Costa County. The Alamo
Parks and Recreation Citizens Advisory Committee is interested in improving and expanding its recreational
programs, events and activities. Therefore, the County has contracted with Valerie Matlock to manage its
recreational programs,events and activities. This will be the tenth year recreational programs are offered in Alamo.
Ms. Matlock will coordinate and promote various recreational programs, events and activities.
CONSEQUENCES OF NEGATIVE ACTION:
If this agreement is not approved, recreational services will not be available to the public in the unincorporated
Alamo Area.
0
Contra Costa County STANDARD CONTRACT Number
Standard Form L-1 (Purchase of Services -Long Form) Fund/Org# 7758
Revised 2002 Account# 6x5032
Other #
1. Contract Identification.
Department: Public Works Department
Subject: Recreation Programming for the unincorporated Alamo Area
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: Valerie Matlock
Capacity: Self-employed Individual
Address: 85 Eden Place, San Ramon, Ca 94583
3. Term. The effective date of this Contract is February 7, 2006. It terminates on February 6, 2008 unless sooner
terminated as provided herein.
4. Payment Limit. County's total payments to Contractor under this Contract shall not exceed
$ 99.000.00.
5. Countv's Obligations. County shall make to the Contractor those payments described in the Payment
Provisions attached hereto which are incorporated herein by reference,subject to all the terms and conditions
contained or incorporated herein.
6. Contractor's Obligations. Contractor shall provide those services and carry out that work described in the
Service Plan attached hereto which is incorporated herein by reference, subject to all the terms and conditions
contained or incorporated herein.
7. General and Special Conditions. This Contract is subject to the General Conditions and Special Conditions
(if any) attached hereto, which are.incorporated herein by reference.
8. Pro'ect. This Contract implements in whole or in part the following described Project, the application and
approval documents of which are incorporated herein by reference:
L-1 (Page 1 of 2)
Contra Costa County STANDARD CONTRACT Number
Standard Form Ifl (Purchase of Services-Long Form)
Revised 2002
9. Legal Authority. This Contract is entered into under and subject to the following legal authorities:
Government Code 31000
10. Signatures. These signatures attest the parties' agreement hereto:
COUNTY OF CONTRA COSTA. CALIFORNIA
BOARD OF SUPERVISORS ATTEST: Clerk of the Board of Supervisors
By e�C' v�1 r \lw. By
C�� Zee Deputy
CONTRACTOR
Name of bu ' entity Name of business entity
By
(Signature of individual or officer) BY
,% , - , Z__
(Print name and title A, if applicable) (Print name and title B, if applicable)
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 Form 1.2.
L-1 (Page 2 of 2)
Contra Costa County APPROVALS/ACKNOWLEDGMENT Number
Standard Form L-2 (Purchase of Services -Long Form)
Revised 2002
APPROVALS
RECOMMENDED BY DEPARTMENT FORM APPROVED
COUNTY COUNSEL
By: By: �S^ � ---
Designee Deputy
APPROVED: COUNTY ADMINISTRATOR
By: _
Designee
ACKNOWLEDGMENT
STATE OF CALIFORNIA )
ss.
COUNTY OF CONTRA COSTA )
r
On lklap before me, 0 A J01 of
insert name and title J the officer), personally appeared
^�revrraiiYi�iivwit %�-reams (or proved to me on the basis
of satisfactory evidence) to be the person$whose name subscribed to the within instrument and
acknowledged to me that s e y executed the same in} s her tl-ir authorized capacity(,
he and that by
Kt)&signatureWn the instrument the person, or the entity upon behalf of which the personj[acted,
executed the instrument.
WI ESS MYIDAND OFFICIAL SEAL.
r
(Seal)
ture
ACKNOWLEDGMENT(by Corporation,Partnership,or Individual)
(CM1 Code§1189) LISA A.DALZIEL
-r.609' Commission# 1377110
Z Notary Public - CaAfornia ¢
Contra Costa County
My Comm.boes Sep 28,2M6
L-2 ( Page 1 of 1)
Contra Costa County SERVICE PLAN OUTLINE Number
Standard Form L-3 (Purchase of Services - Long Form)
Revised 2002
SERVICE PLAN
Contractor will provide recreation programming for the unincorporated Alamo area. Contractor
will work with the Department of Public Works and the Alamo Parks and Recreation Citizens
Advisory Committee to improve and expand the recreational events and programming in this
area.
1. Hours and rates
a. Subject to the payment limit of this Contract, Contractor shall work from February 7,
2006 - February 6, 2007 an average of 30 hours per week at a rate of$27.00 per hour
providing recreation programs for the unincorporated Alamo area, not to exceed 1700
hours. Contractor shall work from February 7, 2007—February 6, 2008 an average of 30
hours per week at a rate of$28.50 per hour providing recreation programs for the
unincorporated Alamo area, not to exceed 1700 hours.
2. Events and Activities
a. The contractor shall provide overall coordination, administration and implementation of
event and activity planning for the unincorporated Alamo area, including, but not limited
to: procuring facilities and services, recruiting and managing sub-contractors, making
promotional efforts, and providing a written review of each event and activity. A
minimum of fifty percent of programs, events and activities will be hosted at Hap Magee
Ranch Park. Examples of past events and activities include: the Alamo Wine and Music
Festival, Concerts at Livorna Park(typically, four live concerts during the summer), and
Tuesdays at the Ranch(themed activities hosted at Hap Magee Ranch Park).
3. Recreation and Enrichment Programming
a. The contractor shall provide overall program coordination, administration, and
implementation, including, but not limited to: procuring facilities and services, recruiting
programming instructors, overseeing instructors, operating classes/events, and collecting
and depositing of registration fees which compensate instructors and offset program
expenses. Successful past programs include: summer camps, painting, karate/martial
arts,junior rescuers, chess camp, and yoga. A minimum of fifty percent of recreational
and enrichment programming will be provided at Hap Magee Ranch Park.
Initials: 6w
Contractor County Dept.
L-3 (Page 1 of 2)
4. Professional Requirements—Contractor certifies she possesses the following requirements:
a. Current and valid California Driver's license.
b. Current and valid First Aid and CPR certification(must be acquired within six (6) weeks
of contract effective date).
c. Experience in parks and recreation program coordination/management or a Bachelor's
Degree emphasizing parks and recreation management,park planning, leisure services, or
related field of study.
5. General
a. The contractor shall provide a written staff report each month to both the County and the
local advisory committee. At a minimum, the report shall include attendance, highlights,
and overall evaluation of events and classes; a detail of promotional efforts,
recommendations for improvement; and Contractor's evaluation of trends or observations
in recreational programs. A revenue/expense detail shall be provided for each program
and event and the contractor will be responsible for properly receipting all monies and
making bank deposits. Contractor will prepare and submit all Demand Forms (form
#D15.11) and Deposit Permits (form#D34), accompanied by original receipts and back-
up documentation, in a timely fashion. The contractor may also be asked to provide
additional staff support, as needed.
b. In case of an emergency, Contractor will contact the appropriate emergency resources.
Any accidents, incidents and/or injuries that occur on the premises must be reported to
the Department or the appropriate Contra Costa County forms within 24 hours of
occurrence. These incidents will be included in the monthly report to the Alamo Parks
and Recreation Citizens Advisory Committee.
Initials:
Contractor County Dept.
L-3 (Page 2 of 2)
Contra Costa County PAYMENT PROVISIONS Number
Standard Form P4 (Fee Basis Contracts-Long and Short Form)
Revised 2002
1. Payment Amounts. Subject to the Payment Limit of this Contract and subject to the following Payment
Provisions, County will pay Contractor the following fee as full compensation for all services,work,expenses
or costs provided or incurred by Contractor:
[Check one alternative only.]
Fla. $ monthly, or
❑ b. $ per unit, as defined in the Service Plan, or
❑ c. $ after completion of all obligations and conditions herein.
® d. Other: As specified in the Service Plan.
2. Payment Demands. Contractor shall submit written demands for payment on County Demand Form D-15 in
the manner and form prescribed by County. Contractor shall submit said demands for payment no later than
30 days from the end of the month in which the contract services upon which such demand is based were
actually rendered. Upon approval of payment demands by the head of the County Department for which this
Contract is made,or his designee, County will make payments as specified in Paragraph 1.(Payment Amounts)
above.
3. Penalty for Late Submission. If County is unable to obtain reimbursement from the State of California as a
result of Contractor's failure to submit to County a timely demand for payment as specified in Paragraph 2.
(Payment Demands)above,County shall not pay Contractor for such services to the extent County's recovery
of funding is prejudiced by the delay even though such services were fully provided.
4. Rijzht to Withhold. County has the right to withhold payment to Contractor when,in the opinion of County
expressed in writing to Contractor, (a) Contractor's performance, in whole or in part, either has not been
carried out or is insufficiently documented, (b) Contractor has neglected, failed or refused to furnish
information or to cooperate with any inspection, review or audit of its program, work or records, or (c)
Contractor has failed to sufficiently itemize or document its demand(s) for payment.
5. Audit Exceptions. Contractor agrees to accept responsibility for receiving,replying to,and/or complying with
any audit exceptions by appropriate county, state or federal audit agencies resulting from its performance of
this Contract. Within 30 days of demand, Contractor shall pay County the full amount of County's
obligation, if any, to the state and/or federal government resulting from any audit exceptions, to the extent
such are attributable to Contractor's failure to perform properly any of its obligations under this Contract.
Initials: Z' '
Contractor County Dept.
Form P-1 (Page 1 of 1)
Contra Costa County GENERAL CONDITIONS
Standard Form L-5 (Purchase of Services-Long Form)
Revised 2003
1. Compliance with Law. Contractor shall be subject to and comply with all applicable federal,state and local laws and
regulations 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.
2. Inspection. Contractor's performance, place of business and records pertaining to this Contract are subject to
monitoring, inspection, review and audit by authorized representatives of the County, the State of California, and the
United States Government.
3. Records. Contractor shall keep and make available for inspection and copying by authorized representatives of the
County, the State of California, and the United States Government, the Contractor's regular business records and such
additional records pertaining to this Contract as may be required by the County.
a. Retention of Records. Contractor shall retain all documents pertaining to this Contract for five years from the
date of submission of Contractor's final payment demand or final Cost Report; for any further period that is required
by law; and until all federal/state audits are complete and exceptions resolved for this contract's funding period. Upon
request, Contractor shall make these records available to authorized representatives of the County, the State of
California, and the United States Government.
b. 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 County, the
Secretary of Health and Human Services,or the Comptroller General,or any of their duly authorized representatives,
this Contract and books,documents, and records of Contractor 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 County, the Secretary, the Comptroller General, or any of their duly
authorized representatives,the subcontract and books,documents,and records of the subcontractor necessary to verify
the nature and extent of all costs and charges thereunder.
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.
4. 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 $5,000.
5. Termination and Cancellation.
a. Written Notice. This Contract may be terminated by either party, in its sole discretion,upon thirty-day advance
L-5 (Page 1 of 6) //Yr
_—,#%
written notice thereof to the other, and may be cancelled immediately by written mutual consent.
b. Failure to Perform. County,upon written notice to Contractor,may immediately terminate this Contract should
Contractor fail to perform properly any of its obligations hereunder. In the event of such termination, County may
proceed with the work in any reasonable manner it chooses. The cost to County of completing Contractor's
performance shall be deducted from any sum due Contractor under this Contract,without prejudice to County's rights
to recover damages.
C. Cessation of Funding. Notwithstanding Paragraph 5.a. above, in the event that federal, state, or other non-
County funding for this Contract ceases, this Contract is terminated without notice.
6. Entire Aereement, This Contract contains all the terms and conditions agreed upon by the parties. Except as expressly
provided herein,no other understanding,oral or otherwise,regarding the subject matter of this Contract shall be deemed to
exist or to bind any of the parties hereto.
7. Further Specifications for Operatiniz Procedures. Detailed specifications of operating procedures and budgets
required by this Contract,including but not limited to,monitoring,evaluating,auditing,billing,or regulatory changes,may
be developed and set forth in a written Informal Agreement between Contractor and County. Informal Agreements shall be
designated as such and shall not be amendments to this Contract except to the extent that they further detail or clarify that
which is already required hereunder. Informal Agreements may not enlarge in any manner the scope of this Contract,
including any sums of money to be paid Contractor as provided herein. Informal Agreements maybe approved and signed
by the head of the county department for which this Contract is made or its designee.
8. Modifications and Amendments.
a. General Amendments. This Contract may be modified or amended by a written document executed by
Contractor and the Contra Costa County Board of Supervisors or,after Board approval,by its designee,subject to any
required state or federal approval.
b. Administrative Amendments. Subject to the Payment Limit,the Payment Provisions and the Service Plan may be
amended by a written administrative amendment executed by Contractor and the County Administrator(or designee),
subject to any required state or federal approval, provided that such administrative amendment may not materially
change the Payment Provisions or the Service Plan.
9. Disputes. Disagreements between County and Contractor concerning the meaning,requirements,or performance of
this Contract shall be subject to final written determination 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.
10. Choice of Law and Personal Iurisdiction.
a. This Contract is made in Contra Costa County and shall be governed and construed in accordance with the laws
of the State of California.
b. Any action relating to this Contract shall be instituted and prosecuted in the courts of Contra Costa County,
State of California.
11. Conformance with Federal and State Regulations and Laws. Should federal or state regulations or laws touching
L-5 (Page 2 of 6) ��// '�
��J
V _I /
Contra Costa County GENERAL CONDITIONS
Standard Form L-5 (Purchase of Services-Long Form)
Revised 2003
upon the subject of this Contract be adopted or revised during the term hereof, this Contract shall be deemed amended to
assure conformance with such federal or state requirements.
12. No Waiver by County. Subject to Paragraph 9. (Disputes)of these General Conditions, inspections or approvals, or
statements by any officer, agent or employee of County indicating Contractor's performance or any part thereof complies
with the requirements of this Contract,or acceptance of the whole or any part of said performance,or payments therefor,or
any combination of these acts, shall not relieve Contractor's obligation to fulfill this Contract as prescribed; nor shall the
County be thereby estopped from bringing any action for damages or enforcement arising from any failure to comply with
any of the terms and conditions of this Contract.
13. Subcontract and Assignment. This Contract binds the heirs, successors, assigns and representatives of Contractor.
Prior written consent of the County Administrator or his designee, subject to any required state or federal approval, is
required before the Contractor may enter into subcontracts for any work contemplated under this Contract,or before the
Contractor may assign this Contract or monies due or to become due, by operation of law or otherwise.
14. 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.
15. Conflicts of Interest. Contractor, its officers,partners,associates,agents,and employees,shall not snake,participate in
making,or in any way attempt to use the position afforded them by this Contract to influence any governmental decision in
which they know or have reason to know they have a financial interest under California Government Code Sections 87100,
et seq., or otherwise.
16. Confidentiality. Contractor agrees to comply and to require its officers,partners, associates,agents and employees to
comply with all applicable state or federal statutes or regulations respecting confidentiality,including but not limited to,the
identity of persons served under this Contract, their records, or services provided them, and assures that:
a. All applications and records concerning any individual made or kept by Contractor or any public officer or agency
in connection with the administration of or relating to services provided under this Contract will be confidential,and
will not be open to examination for any purpose not directly connected with the administration of such service.
b. No person will publish or disclose or permit or cause to be published or disclosed, any list of persons receiving
services, except as may be required in the administration of such service. Contractor agrees to inform all employees,
agents and partners of the above provisions, and that any person knowingly and intentionally disclosing such
information other than as authorized by law may be guilty of a misdemeanor.
17. 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, ethnic background, disability, or sexual
orientation, and that none shall be used, in whole or in part, for religious worship or instruction.
18. Indemnification. Contractor shall defend,indemnify,save,and hold harmless County and its officers and employees
L 5 (Page 3 of6)
Initials:
Contractor County County Dept.
Contra Costa County GENERAL CONDITIONS
Standard Form L5 (Purchase of Services-Long Form)
Revised 2003
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 Contractor or its agents,servants,employees or subcontractors hereunder,save and except
claims or litigation arising through the sole negligence or sole willful misconduct of County or its officers or employees.
Contractor will reimburse County for any expenditures,including reasonable attorneys'fees,County may make by reason of
the matters that are the subject of this indemnification, and, if requested by County,will defend any claims or litigation to
which this indemnification provision applies at the sole cost and expense of Contractor.
19. Insurance. During the entire term of this Contract and any extension or modification thereof,Contractor shall keep
in effect insurance policies meeting the following insurance requirements unless otherwise expressed in the Special
Conditions:
a. Liability Insurance. For all contracts where the total payment limit of the contract is$500,000 or less,Contractor
shall provide comprehensive liability insurance, including coverage for owned and non-owned automobiles, with a
minimum combined single limit coverage of$500,000 for all damages,including consequential damages,due to bodily
injury, sickness or disease, or death to any person or damage to or destruction of property, including the loss of use
thereof, arising from each occurrence. Such insurance shall be endorsed to include County and its officers and
employees as additional insureds as to all services performed by Contractor under this agreement. Said policies shall
constitute primary insurance as to County,the state and federal governments,and their officers,agents,and employees,
so that other insurance policies held by them or their self-insurance program(s)shall not be required to contribute to
any loss covered under Contractor's insurance policy or policies. For all contracts where the total payment limit is
above $500,000, the aforementioned insurance coverage to be provided by Contractor shall have a minimum
combined single limit coverage of$1,000,000, and Contractor shall be required to provide County with a copy of the
endorsement making the County an additional insured on all general liability, worker's compensation, and, if
applicable, all professional liability insurance policies as required herein no later than the effective date of this
Contract.
b. Workers'Compensation. Contractor shall provide workers'compensation insurance coverage for its employees.
C. Certificate of Insurance. The Contractor shall provide the County with(a)certificate(s)of insurance evidencing
liability and worker's compensation insurance as required herein no later than the effective date of this Contract. If the
Contractor should renew the insurance policy(ies)or acquire either a new insurance policy(ies)or amend the coverage
afforded through an endorsement to the policy at any time during the term of this Contract, then Contractor shall
provide (a) current certificate(s) of insurance.
d. Additional Insurance Provisions. The insurance policies provided by Contractor shall include a provision for
thirty(30)days written notice to County before cancellation or material change of the above specified coverage.
20. Notices. All notices provided for by this Contract shall be in writing and may be delivered by deposit in the United
States snail, postage prepaid. Notices to County shall be addressed to the head of the county department for which this
Contract is made. Notices to Contractor shall be addressed to the Contractor's address designated herein. The effective
L-5 (Page 4 of 6)
Initials:
Contractor County Dept.
Contra Costa County GENERAL CONDITIONS
Standard Form L-5 (Purchase of Services-Long Form)
Revised 2003
date of notice shall be the date of deposit in the mails or of other delivery,except that the effective date of notice to County
shall be the date of receipt by the head of the county department for which this Contract is made.
21. Primacy of General Conditions. Except for Special Conditions which expressly supersede General Conditions, the
Special Conditions (if any)and Service Plan do not limit any term of the General Conditions.
22. Nonrenewal. Contractor understands and agrees that there is no representation, implication,or understanding that
the services provided by Contractor under this Contract will be purchased by County under a new contract following
expiration or termination of this Contract, and waives all rights or claims to notice or hearing respecting any failure to
continue purchasing all or any such services from Contractor.
23. Possessory Interest. If this Contract results in Contractor having possession of,claim or right to the possession of land
or improvements,but does not vest ownership of the land or improvements in the same person,or if this Contract results in
the placement of taxable improvements on tax exempt land (Revenue & Taxation Code Section 107), such interest or
improvements may represent a possessory interest subject to property tax,and Contractor may be subject to the payment of
property taxes levied on such interest. Contractor agrees that this provision complies with the notice requirements of
Revenue & Taxation Code Section 107.6, and waives all rights to further notice or to damages under that or any
comparable statute.
24. No Third-Party Beneficiaries. Notwithstanding mutual recognition that services under this Contract may provide
some aid or assistance to members of the County's population, it is not the intention of either County or Contractor that
such individuals occupy the position of intended third-party beneficiaries of the obligations assumed by either party to this
Contract.
25. Copyrijzhts and Riyhts in Data. Contractor shall not publish or transfer any materials produced or resulting from
activities supported by this agreement without the express written consent of the County Administrator. If any material is
subject to copyright, County reserves the right to copyright, and Contractor agrees not to copyright, such material. If the
material is copyrighted, County reserves a royalty-free, nonexclusive,and irrevocable license to reproduce, publish, and use
such materials, in whole or in part, and to authorize others to do so.
26. Endorsements. Contractor shall not in its capacity as a contractor with Contra Costa County publicly endorse or
oppose the use of any particular brand name or commercial product without the prior approval of the Board of Supervisors.
In its County contractor capacity, Contractor shall not publicly attribute qualities or lack of qualities to a particular brand
name or commercial product in the absence of a well-established and widely accepted scientific basis for such claims or
without the prior approval of the Board of Supervisors. In its County contractor capacity, Contractor shall not participate
or appear in any commercially produced advertisements designed to promote a particular brand name or commercial
product, even if Contractor is not publicly endorsing a product, as long as the Contractor's presence in the advertisement
can reasonably be interpreted as an endorsement of the product by or on behalf of Contra Costa County. Notwithstanding
the foregoing,Contractor may express its views on products to other contractors,the Board of Supervisors,County officers,
or others who may be authorized by the Board of Supervisors or by law to receive such views.
Ifs (Page 5 of 6)
Initials:
Contractor County Dept:
Contra Costa County GENERAL CONDITIONS
Standard Form L-5 (Purchase of Services-Long Form)
Revised 2003
27, Required Audit. (A) If Contractor is funded by$500,000 or more in federal grant funds in any fiscal year ending
after December 31, 2003 from any source, Contractor shall provide to County at Contractor's expense an audit
conforming to the requirements set forth in the most current version of Office of Management and Budget Circular A-
133. (B) If Contractor is funded by less than $500,000 in federal grant funds in any fiscal year ending after December
31, 2003 from any source, but such grant imposes specific audit requirements; Contractor shall provide to County an
audit conforming to those requirements. (C) If Contractor is funded by less than $500,000 in federal grant funds in
any fiscal year ending after December 31, 2003 from any source; Contractor is exempt from federal audit requirements
for
that year, however, Contractor's records must be available for and an audit may be required by, appropriate officials of
the federal awarding agency, the General Accounting Office (GAO), the pass-through entity and/or the County. If any
such audit is required, Contractor shall provide County with such audit. With respect to the audits specified in (A), (B)
and (C) above, Contractor is solely responsible for arranging for the conduct of the audit, and for its cost. County may
withhold the estimated cost of the audit or 10 percent of the contract amount, whichever is larger, or the final payment,
from Contractor until County receives the audit from Contractor.
28, Authorization. Contractor, or the representative(s) signing this Contract on behalf of Contractor, represents and
warrants that it has full power and authority to enter into this Contract and perform the obligations herein.
L-5 (Page 6 of 6)
Initials:
Contractor ounty Dept.
Contra Costa County Number
Standard Form L-4
Revised 2002 SPECIAL CONDITIONS
(Purchase of Services-Long Form)
1. Insurance. Paragraph 19 (Insurance) of the General Conditions is hereby deleted in its
entirety and replaced with the following paragraph:
19. Automobile Insurance. During the entire term of this Contract and any extension
or modification thereof, Contractor shall keep in effect a policy or policies of motor
vehicle liability insurance for any use Contractor makes of a private automobile in the
performance of this Contract, as required by State law. Not later than the effective
date of this Contract, Contractor shall provide County with a certificate(s) of
insurance evidencing the above liability insurance."
Initials:
Contractor County Dept.
Form L-4 (Page 1 of 1)
Page 1 of 1
Margaret Fong
From: RHary@riskm.cccounty.us
Sent: Thursday, January 12, 2006 2:32 PM
To: Margaret Fong
Subject: RE: Contract for Valerie Matlock
Attachments: Service Plan.doc; Special Conditions.doc
Margaret:
As a contract employee she already covered by the County of Contra Costa for general liability. She would not be
covered if she is an independent contractor. Looks okay to me.
Ron
"Margaret Fong"<mfong@pw.cccounty.us>
To: <RHarv@riskm.cccounty.us>
cc:
01/12/2006 02:20 PM Subject: RE:Contract for Valerie Matlock
Hi Ron,
Thanks for your response; Valerie Matlock is a contract employee. I've attached the service plan which describes
her responsibilities. It's not very long to read. Please let me know if you have any further questions.
Margaret Fong
Special Districts
925-313-2005 office (Tues -Thurs)
925-313-2333 fax
From: RHarv@riskm.cccounty.us [mailto:RHarv@riskm.cccounty.us]
Sent: Thursday, January 12, 2006 7:34 AM
To: Margaret Fong
Subject: Contract for Valerie Matlock
Margaret:
I need to know what type of recreational services she will be providing? Is she a contract employee or an
independent contractor? Take care.
Ron
1/18/2006
Contra Costa County Number
Standard Form M-1
Revised 2002
QUESTIONNAIRE FOR DETERMINING
INDEPENDENT CONTRACTOR STATUS AND PAYMENT METHOD
All new or renewed independent contractors that do not meet IRS or other legal criteria for
independent contractor status must be paid through the payroll system so that employment,
disability and Social Security taxes can be withheld by the County. Please complete the
following questionnaire for each self-employed individual with whom you intend to contract.
(Note: this form does not apply to contracts with corporations, temporary help agencies,
partnerships or established businesses with Taxpayer Identification numbers).
For completion by Department Head or Authorized Designee.
Yes No
1. Do I, as the employer, have the right to control the hours, ® ❑
place and manner of, and means by which the work will be done?
2. Am I setting the independent contractor's hours? ® ❑
3. Is the independent contractor restricted from providing ❑
services to other businesses or entities while working for the
County?
4. Do I or other departments have employee(s) with similar
duties as the independent contractor?
5. Does the County supply assistants to the independent ® ❑
contractor?
6. Does the County furnish training, tools, equipment or place of ® ❑
work to the independent contractor?
7. Is the individual prohibited from subcontracting out his or her ® ❑
services (as opposed to performing them personally)?
A"yes" answer to any of the above questions will require paying the contractor through
the payroll system.
CONTRACTOR APPROVAL: PREPARED BY:
I certify that the answers to the above questions
accurately reflect my anticipated X
working -el�ationship with the ounty.
REVIEWED AND APPROV BY:
X A t
Contractor's signature
De t Head or orized Designee
Contractor's Name (printed)
Form M-1 (Page 1 of 1)
MPLOYEE
Employee's Withholding Allowance Certificate E NUMBER
Del,failMni WfAveswy
Internal Revenue Service I,For Privacy Act and Paperwork Reduction Act Notice,see reverse. 2002 OO2
1 TYPE OR PRINT YOUR FIRST NAME AND MIDDLE INITIAL LAST NAME -752 YOUR SOCIAL SECURITY NUMBER
-7 3 r-
HOME ADDRESS(NUMBER AND STREET OR RURAL ROUTE) 3J�J SINGLE [I MARRIED C3 MARRIED,BUT WITHHOLD AT HIGHER SINGLE RATE
D E N L��.E N T :11 married,but legally separated,or spouse is a nonresident alien,check the SINGLE box.
�CIT OR TOWN,STATE AND ZIP CODE r 4 IF YOUR LAST NAME DIFFERS FROM THAT ON YOUR SOCIAL SECURITY CARD,
�.� /v(.� J CHECK HERE AND CALL 1-800-772.1213 FOR MORE INFORMATION ......................... C3r5
OF 3
5 TOTAL NUMBER OF ALLOWANCES YOU ARE CLAIMING(FROM LINE H ABOVE OR FROM THE WORKSHEETS IF THEY APPLY)......................................... 8 $
6 ADDITIONAL AMOUNT,IF ANY,YOU WANT DEDUCTED FROM EACH PAYCHECK......................................................................................................................
7 1 CLAIM EXEMPTION FROM WITHHOLDING AND I CERTIFY THAT I MEET BOTH OF THE FOLLOWING CONDITIONS FOR EXEMPTION:
•LAST YEAR I HAD A RIGHT TO A REFUND OR ALL FEDERAL INCOME TAX WITHHELD BECAUSE 1 HAD NO TAX LIABILITY;AND
•THIS YEAR I EXPECT A REFUND OF ALL FEDERAL INCOME TAX WITHHELD BECAUSE I EXPECT TO HAVE NO TAX LIABILITY; -
7
IF YOU MEET BOTH OF THE ABOVE CONDITIONS,ENTER"EXEMPT'HERE..............................................................................................................
UNDER PENALTIES O PE RY I ERTIFY THAT I AM TLED TO NUMBER OF ITHHO ING ALLOWANCES CLAIMED ON THIS CERTIFICATE OR ENTITLED 70 CLAIM EXEMPT STATUS.
EMPLOYEE'S
SIGNATUflE Q DATE ^ D 2002
B EMPLOYER NAME AND ADDRESS(EMPLOYER:COMPLETE 9 AND 11 ONLY IF SENDING TO THEIRS) 9 OFFICE CODE 10 EMPLOYER IDENTIFICATION NUMBER
CONTRA COSTA COUNTY,625 COURT STREET, MARTINEZ,CA 94553 (optional) 94-6000509
Contra Coate County Form(M364 Rev.12/01)