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HomeMy WebLinkAboutMINUTES - 10241978 - COB BOX 69 Y / In the Board of Supervisors of Contra Costa County, State of California October 24 , 1978 In the Matter of AUTHORIZING EXECUTION OF AGREEMENT FOR INMATE VOCATIONAL TRAINING AND REHABILITATION WITH MARTINEZ UNIFIED SCHOOL DISTRICT WHEREAS the Martinez Unified School District of Contra Costa County has the capabilities to implement an Adult Education Program at the Contra Costa County Main Jail in Martinez; and WHEREAS the Sheriff-Coroner and the County Administrator have recommended that said program be implemented; and NOW, THEREFORE, BE IT by the BOARD OF SUPERVISORS ORDERED that Supervisor Robert I. Schroder, Chairman of the Board is authorized to execute the agreement with the Martinez Unified School District for the period September 1 , 1978 to June 30, 1979, at a cost not to exceed $3,800.00. PASSED by the Board on October 24 , 1978 . I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Original to Sheriff-Coroner Supervisors cc: Martinez Unified School -C/O 24th October Auditor-Controller S6e�e;g-q affixed this day of 19 78 County Administrator ll J. R. OLSSON, Clerk By Deputy Clerk �(f Karin King H -24 4/77 15m 1\ ,-CONTRA COSTA COUNTY � � STANDARD FORM lU STANDARD CONTRACT (Purchase of Services) 1 . Contract Identification Department: Sheriff-Coroner Subject: Provide adult education at the Main Jail in Martinez 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: Martinez Unified School District . Capacity: A California Unified School District Address : 921 Susanna St. , Martinez, CA . 94553 3. Term. The effective date of this Contract is 9-1 -78 and it terminates 6-30-79 unless sooner terminated as provided herein. 4. Payment Limit. County' s total payments to Contractor under this Contract shall not exceed 3,800.00 5. - County' 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. 1 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, subjectito 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. Legal Authority. This Contract is entered into under and subject to the following legal authorities: California Penal Code Section 4108.5 California Education Code Section 46191 and 52514 9. Signatures. signatures attest the parties' agreement hereto: COUNTY 0 COSTA, CALIFORNIA By 4 % R.I.Schroder Adopted by John W. Searles Chairman, Boarb of Supervisors Attest: J . R. Olsson, County Clerk President Martinez unified School By District Governing Board Deputy Ruin Kind Recomme a ar nt y - N OU P.- L. . ERV!CES ASSISTANT S -retary Governing Board Designee Attest: Form Approved: County Couns incxpal, Ma nez Adult schoo] �G e Deputy '•intra Costa County I Standard Form GENERAL CONDLTIONS (Purchase of Services) I 1. 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 hereunder, including but not limited to, licensing, employment and purchasing practices; and wages, hours and conditions of ;employment. 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 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. I 4. Retention of Records. The Contractor and County agree to retain all documents pertaining to this Contract for three years from the date of submission of Contractor's final payment demand orifinal Cost Report (whichever is later) under this Contract, and until all Federal/Statelaudits are complete and exceptions resolved for the funding period covered by this Contract or for such further period as may be required by law. Upon request, Contractor shall make these records available to authorized representatives of the County, the State of California, and the United States Government. 5. Termination. a. Written Notice. This Contract may be terminated by either party, at their sole discretion, upon thirty-day advance written notice thereof to the other, or cancelled immediately by written mutual consent. b. Failure to! Perform. The County, upon written notice to Contractor, may terminate this Contract should the Contractor fail to perform properly any of its obligations hereunder. ) In the event of such termination, the County may proceed with the work in any reasonable manner it chooses. The cost to the County of completing Contractor's performance shall be deducted from any sum due the Contractor under this Contract. 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 Agreement. This Contract contains all the terms and conditions agreed upon by the parties. Except as expressly provided herein, no other understandings, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or to bind any of the parties hereto. I 7. Further Specifications for Operating Procedures. Detailed specifications of operating procedures and budgets required by this Contract, including but not limited to, monitoring, auditing, billing, or regulatory changes, may be developed and set forth in a written Informal Agreement entered between the Contractor and the County. Such Informal Agreemeni ts 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. Such Informal Agreements may not enlarge in any manner the scope of this Contract, including any sums of money to be paid the Contractor as provided herein. Informal Agreements may be approved and signed by the head of the County Department for 'which this Contract is made or his designee. $. Modifications, and Amendments. a. General Imendments. This Contract may be modified or amended by a written document executed by the 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 the Contractor and the County Administrator or his designee, subject to any required State or Federal approval, provided that such administrative amendments may not materially change the Payment Provisions or the Service Plan. (A-4616 REV 6/76) -1- I/ - i .GENERAL CONDITIONS (Purchase of ;lervices) I 9 . Disputes. Disagreements between the County and Contractor concerning the meaning, requirements, orlperformance 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. I 10. Choice of Law and Personal Jurisdiction. 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. 11. Conformance with Federal and State Regulations. Should Federal or State regulations touching upon the subject of. this Contract be adopted or revised during the term hereof, this Contract shall be 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 the County indicating the 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 the 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 hereof. 13. Subcontract and Assignment. This Contract binds the heirs, successors, assigns and representatives of Contractor. The Contractor shall not enter into subcontracts for any work contemplated under this Contract and shall not assign this ,Contract or monies due or to become due, without the prior written consent of the County Administrator or his designee, subject to any required State or Federal approval. 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 of agent, servant , employee, partnership, joint venture or association. 15. Conflicts of Interest. Contractor promises and attests that the Contractor and any members of its governing body shall avoid any actual or potential conflicts of interest. If Contractor is a corporation, Contractor agrees to furnish to the County upon demand a valid copy of its most recently adopted bylaws and also a complete and accurate list of its governing body (Board of Directors or Trustees) and to timely update said bylaws or the list of its governing body as changes in such governance occur. 16. Confidentiality. Contractor agrees to comply and to require its employees to comply with all applicable State or Federal statutes or regulations respecting confi- dentiality, including but not limited to, the identity of persons served under this Contract, their records, or services provided them, and assures that: a. A1.1 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 dircloSed, 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, or ethnic background, and that none shall be used, in whole or in part, for religious worship or instruction. (A-4616 REV 6176) -2- b GENERAL CONDITIONS (Purchase of Services) 18. Indemnification. The Contractor shall defend, save. harmless and indemnify the County and its officers, agents and employees from all liabilities and claims for .' damages for death, sickness or injury to persons or property, including consequential `_ damages, arising from or connected with the operations or the services of the Contractor !! hereunder, resulting from the negligent conduct of the Contractor, its agents or employees. 19. Notices. All notices provided for by this Contract shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to ,,the County shall be addressed to the head of the County Department for which this Contract is made, c/o Sheriff-Coroner's Department, 651 Pine Street, Martinez, California 94553. Notices to the Contractor shall be addressed to the Contractor's address _s designated herein. The effective date of notice shall be the date of deposit in the , ,mails or of other delivery. 20. Primacy of General Conditions. Except for Special Conditions which expressly supersede GeneralConditions, the Special Conditions (if any) and Service Plan' do not limit any term of the General Conditions. _ 4' 21. 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 tinder 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 purchase of all or any such services from Contractor. .I . U i Cont;rf'CosCa Cuanty Standard Form . PAYMENT PROVISCONS (Fce Basis Contracts) I Number 1. Paym,-2nt Amounts. Subject to the Payment Limit .of this Contract and subject to the following Payment Provisions, County will pay Contractor the following fee: [Check one alternative only. ] [x ] a. $ 3,800 mmws =as annually, one payment of $3,800 on or before 6-30-78 [ ]. b. $ per unit, as defined in the Service Plan, or [ ] c. $ after completion of all obligations and conditions herein and as full compensation for all services, work, and expenses provided or incurred by Contractor hereunder. 2. Payment Demands. Contractor shall submit written demands monthly or as specified in 1. (Payment Amounts) above, for payment in accordance with Paragraph 1. (Payment Amounts) above. Said demands shall be made on County Demand Form D-15 and in the manner and form prescribed by County. Contractor shall submit said demands for payment for services rendered no later than 90 days from the end of the month in which said services are actually rendered: Upon approval of said 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. V 3. Right to Withhold. County has the right to withhold payment to the Contractor when, in the opinion of the County expressed in writing to the Contractor, (a) the Contractor'sperformance, in whole or in part, either has not been carried out or is insufficiently documented, (b) the 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. 4. 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 occurring as a result of its performance of this Contract. Contractor also agrees to pay to the County within 30 days of demand by County the full amount of the County's liability, if any, to the State and/or Federal government resulting from any audit exceptions , to the extent such are attributable to the Contractor's failure to perform properly any of its obligations under this Contract. i ZY (A-4619 REV 6/76) Contra Costa County , . SERVICE PLAN 1. Services. The Contractor agrees to establish, supervise and maintain classes in vocational training and1basic education at the Main Jail in Martinez. The classes shall operate four hours a day, four days a week. Subject matter of the classes shall be muivally agreed upon and be intended to improve upon basic educational skills such as reading and writing. is CONTRA COSTA COUNTY STANDARD FORM STANDARD CONTRACT (Purchase of Services) 1 . Contract Identification Department: Sheriff-Coroner Subject: Provide adult education at the Main Jail in Martinez 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: Martinez Unified School District Capacity: A California Unified School District Address: 921 Susanna St. , Martinez, CA 94553 3. Term. The effective date of this Contract is 9-1 -78 and it terminates 6-30-79 unless sooner terminated as provided herein. 4. Payment Limit. County' s total payments to Contractor under this Contract shall not exceed 3,800.00 5. County' 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. T 8. Legal Authority. This Contract is entered into under and subject to the following legal authorities: California Penal Code Section 4108.5 - California Education Code Section 46191 and 52514 9. Signatures. e gnatures attest the parties ' agreement hereto: COUNTY STA, CALIFORNIA ByX R.I.Schroder Adopted by John W. Searles Chairman, Board of Supervisors Attest: J . R. Olsson, County Clerk President Martinez unified School By District Governing Board Deputy KarinKing Recomme e ar nt _ ,' N :JU �%!CES ASSISTANT S retary Governing Board , By .- _ Designee Attest: Form Approved: County Couns rincipal, Martinez Adult school Deputy i I Contra uusta County Standard Form GENERAL 0O0111C}•IONs (Purchase of Services) 1. . 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 hereunder, including but not limited to , licensing, employment and purchasing practices; and wages, hours and conditions of employment. 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 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. 4. Retention of Records. The Contractor and County agree to retain all documents pertaining to this Contract for three years from the date of submission of Contractor's final payment demand or final Cost Report (whichever is later) under this Contract, and until all Federal/State audits are complete and exceptions resolved for the funding period covered by this Contract or for such further period as may be required by law. Upon request , Contractor shall make these records available to authorized representatives of the County, the State of California, and the United States Government. 5. Termination. a. Written Notice. This Contract may be terminated by either party, at their sole discretion, upon thirty-day advance written notice thereof to the other, or Cancelled immediately by written mutual consent. b. Failure to Perform. The County, upon written notice to Contractor, may terminate this Contract should the Contractor fail to perform properly any of its obligations hereunder. In the event of such termination, the County may proceed with the work in any reasonable manner it chooses. The cost to the County of completing Contractor's performance shall be deducted from any sum due the Contractor under this Contract. C. Cessation of Fundin . 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 Ass,reement. This Contract contains all the terms and conditions agreed upon by the parties. Except as expressly provided herein, no other understandings, 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 Operating Procedures. Detailed specifications of operating procedures and budgets required by this Contract, including but not limited, to, monitoring, auditing, billing, or regulatory changes, may be developed and set forth .in a written Informal Agreement entered between the Contractor and the County. Such 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. Such Informal Agreements may not enlarge in any manner the scope of this Contract, 'including any sums of money to be paid the Contractor as provided herein. Informal. Agreements may be approved and signed by the head of the County Department for which this Contract is made or his designee. 8. Mod-ifications and Amendments. a. General- Amendments. This Contract may be modified or amended by a written document executed by the 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 the Contractor and the County Administrator or his designee, subject to any required. State or Federal approval, provided that such administrative amendments may not materially change the Payment Provisions or the Service Plan. (A-4616 REV 6/76) -l- r CLC:F,RAL COM) LTIONS (Purchase of Grrvices) I 9. Disnutes. Disagreements between the County and Contractor concerning the meaning, requirements, orlperformance 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. I 10. Choice of Law and Personal jurisdiction. 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. 11. Conformance with Federal and State Regulations. Should Federal or State regulations touching upon the subject of this Contract be adopted or revised during the term hereof, this Contract shall be 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 the County indicating; the 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 the 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 hereof. 13. Subcontract and Assi .nment. This Contract binds the heirs, successors , assigns and representatives of Contractor. The Contractor shall. not enter into . subcontracts for any work contemplated under this Contract .and shall not assign this ,Contract or monies due or to become due, without the prior written consent of the County Administrator or his designee, subject .to any required State or Federal approval. 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 of agent, servant , employee , partnership, joint venture or association. 15. Conflicts of. Interest . Contractor promises and attests that the Contractor and any members of its governing body shall avoid any actual or potential conflicts of interest. If Contractor is a corporation, Contractor agrees to furnish to the County upon demand a valid copy of its most recently adopted bylaws and also a complete and accurate list_ of its governing body (Board of Directors or. Trustees) and to timely update said bylaws or the list of its governing body as changes in .such governance occur. L6. Confidentiality. Contractor agrees to comply and to require its employees to comply with all applicable State or Federal statutes or regulations respecting confi- dentiality, including but not limited to, the identity of persons served .under this Contract, their records, or services provided them, and assures that: a.. All appl.:icatious 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. c, to be published or discl.oted, 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 iaisdemeanor. 17. Nondi_scriminatory 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 , and that none shall be used , in whole or in part, for religious worship or instruction. (A-4616 RGA/76) � -2- 16 GENERAL CO_il)ITIONS Q _ r (Purchase of: Services) }` 18. Indemnification The Contractor shall defend, save harmless and indemnify ., the County and its officers, agents and employees from all liabilities and claims for damages fordeath, sickness or injury to persons or property, including consequential '`_ damages, arising from or connected with the operations or the services of the Contractor `! hereunder, resulting from the negligent conduct of the Contractor, its agents or ';employees. 19. Notices. All notices provided for by this Contract shall be in writing and may be delivered by deposit in the United States mail, postage prepaid.. Notices to '`the County shall be addressed to the ]lead of the County Department for which this Contract is made, c/o Sheriff-Coroner's Department, 651 Pine Street, Martinez, California ::94553. Notices to the Contractor shall be addressed to the Contractor' s address '.,,'designated herein. The effective date of notice shall be the date of deposit in the "",mails or of other delivery. 20. 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. f' 21. 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 ifailure to continue purchase o£ all or any such services from Contractor. , Contra Cnsta Cucnty Standard Form . PAYMENT PRO%1151Ui:S (Fee Basis Cont acts) Number 1. Paym-nt_Amounts, Subject to the Payment Lim'it .of this Contract and subject to the following Payment Provisions, County will pay Contractor the following fee: [Check one alternative only. ] [x ] a• $ 31800 mEmieifbFgai5zs ; annually, one payment of $3,800 on or before 6-30-78 [ ]. b. $ per unit,, as defined in the Service Plan, or [ ] c. $_ after completion of all obligations and conditions herein and as full compensation for all services, work, and expenses provided or incurred by Contractor hereunder. 2. Payment Demands. Contractor shall submit written demands monthly or as. specified in 1. (Payment Amounts) above , for payment in accordance with Paragraph 1. (Payment Amounts) above. Said demands shall be made on County Demand Form D-15 and in the manner and form prescribed by County. Contractor shall submit said demands for payment for services rendered no later than 90 days from the end of the month in which said services are actually rendered. Upon approval of said 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. Right to Withhold. County has the right to withhold payment to the Contractor when, in the opinion of the County expressed in writing to the Contractor, (a) the Contractor's performance, in whole or in part, either has not been carried out or is insufficiently documented , (b) the 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. 4. 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 occurring as a result of its performance of this Contract. Contractor also agrees to pay to the County within 30 days of demand by County the full amount of the County's liability, if any, to the State and/or Federal government resulting from any audit exceptions , to the extent such are attributable to the Contractor's failure to perform properly any of its obligations under this Contract. (A-4619 REV 6/76) 1 _. J SERVICIi PLAN 1. Services. The Conitractor agrees to establish, supervise and maintain classes in vocational training and1basic education at the Main Jail in Martinez. The classes shall operate four hours a �day, four days a week. Subject matter of the classes shall . be mutually agreed upon and be intended to improve upon basic educational skills such as reading and writing. i 1 In the Board of Supervisors Of Contra Costa County, State of California October 10 , 1978 In the Matter of AUTHORIZING EXECUTION OF AGREEMENT FOR INMATE VOCATIONAL, TRAINING AND REHABILITATION W'I'TH RICHMOND UNIFIED SCHOOL DISTRICT WHEREAS the Richmond Unified School District of Contra Costa County has the capabilities to implement an Adult Education Program at the Contra Costa County Work Furlough/Education Center in Richmond; and WHEREAS the Sheriff-Coroner and the County Administrator have recommended that said program be implemented; and NOW, THEREFORE, BE IT by the BOARD OF SUPERVISORS ORDERED that Supervisor Robert I. Schroder, Chairman of the Board is authorized to execute the agreement with the Richmond Unified School District for the period Sept.. 1 , 1978 to June 30, 1979, at a cost not to exceed $7,285.00. PASSED by the Board on October 10 , 1978 . I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Original to Sheriff-Coroner Supervisors cc: Richmond Unified School District affixed this 10thday of October 19 78 County Auditor=Controller County Administrator J. R. OLSSON, Clerk By. Deputy Clerk Karin King H-24 4/77 15m CONTRA COSTA COUNTY • STANDARD FORM STANDARD CONTRACT (Purchase of Services) 1 . Contract Identification Department: Sheriff-Coroner Subject: Provide adult educati'an at the Contra Costa Work/Education Center in Richmond, California 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: Richmond Unified School District Capacity: A California Unified School District Address: 225 35th Street, Richmond, CA 94804 3. Term. The effective date of this Contract is 9-1 -78 and it terminates 6-30-79 unless sooner terminated as provided herein. 4. Payment Limit. County' s total payments to Contractor under this Contract shall not exceed $ 7,Z85.00 5. County' 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. Legal Authority. This Contract is entered into under and subject to the following legal authorities: California Penal Code Section 4018.5 California Education Code Sections 46191 and 52514 9. Si natures.//STA, ignatures attest the parties' agreement hereto: COUNTY CCALIFORNIA Byl R. I.sci-Iroder Adopted b Chairman, Board o�f Supervisors A Su� ntendent for Attest: J . R. Olsson, County Clerk President Mr. Virgil Gay Schoo. By C n District Governing Board Deputy Rarin King Recommended by Departm A, tt=sW-Se �OHNQUAR7APO�O ADM, F C S ANTove ing pard By OFFICE OF THE SHERIFF— :ORO ' R Designee Form Approved: County Counse C j /Deputy Z� Contra Costa County • 0. Standard Form GENERAL CONDITIONS (Purchase of Services) 1. 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 hereunder, including but not limited to, licensing, employment and purchasing practices; and wages, hours and conditions of employment. 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 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. 4. Retention of Records. The Contractor and County agree to retain all documents pertaining to this Contract for three years from the date of submission of Contractor's final payment demand or final Cost Report (whichever is later) under this Contract, and until all Federal/State audits are complete and exceptions resolved for the funding period covered by this Contract or for such further period as may be required by law. Upon request, Contractor shall make these records available to authorized representatives of the County, the State of California, and the United States Government. 5. Termination. a. Written Notice. This Contract may be terminated by either party, at their sole discretion, upon thirty-day advance written notice thereof, to the other, or cancelled immediately by written mutual consent. b. Failure to Perform. The County, upon written notice to Contractor, may terminate this Contract should the Contractor fail to perform properly any of its obligations hereunder. In the event of such termination, the County may proceed with the work in any reasonable manner it chooses. The cost to the County of completing Contractor's performance shall be deducted from any sum due the Contractor under this Contract. 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 Agreement. This Contract contains all the terms and conditions agreed upon by the parties. Except as expressly provided herein, no other understandings, 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 Operating Procedures. Detailed specifications of operating procedures and budgets required by this Contract, including but not limited to,monitoring, auditing, billing, or regulatory changes, may be developed and set forth in a written Informal Agreement entered between the Contractor and the County. Such 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. Such Informal Agreements may not enlarge in any manner the scope of this Contract, including any sums of money to be paid the Contractor as provided herein. Informal Agreements may be approved and signed by the head of the County Department for which this Contract is made or his designee. 11 $. Modifications and Amendments. a. General Amendments. This Contract may be modified or amended by a written document executed by the 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 the Contractor and the County Administrator or his designee, subject to any required State or Federal 'approval, provided that such administrative amendments may not materially change the Payment Provisions or the Service Plan. (A-4616 /REV 6/76) -1- Contra Costa County Standard Form • GENERAL CONDITIONS O (Purchase of Services) 9. 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. ! 10. Choice of Law and Personal Jurisdiction. 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. 11. Conformance with Federal and State Regulations. Should Federal or State regulations touching upon the subject of this Contract be adopted or revised during the term hereof, this Contract shall be 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 the County indicating the 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 the 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 hereof. 13. Subcontract and Assignment. This Contract binds the heirs, successors, assigns and representatives of Contractor. The Contractor shall not enter into subcontracts for any work contemplated under this Contract and shall not assign this ,Contract or monies due or to become due, without the prior written consent of the County Administrator or his designee, subject to any required State or Federal approval. 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 of agent, servant, employee, partnership, joint venture or association. 15. Conflicts of Interest. Contractor promises and attests that the Contractor and any members of its governing body shall avoid any actual or potential conflicts of interest. If Contractor is a.corporation, Contractor agrees to furnish to the County upon demand a valid copy of its most recently adopted bylaws and also a complete and accurate list of its governing body (Board of Directors or Trustees) and to timely update said bylaws or the list of its governing body as changes in such governance occur. 16. Confidentiality. Contractor agrees to comply and to require its employees to comply with all applicable State or Federal statutes or regulations respecting confi- dentiality, 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. Q, _s b. No person will publish or disclose or permit or cause to be published or sdisclosed,, 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, or ethnic background, and that none shall be /used, in whole or in part, for religious worship or instruction. (A-4616 REP 6/76) -2- vv u�.au �.va�u vvwuJ J{,611LL 61U 1'V L111 b GENERAL CONDITIONS (Purchase of Services) i 18. Indemnification. The Contractor sliall defend, save harmless and indemnify the County and its officers, agents and employees from all liabilities and claims for damages for death, sickness or injury to persons or property, including consequential damages, arising from or connected with the operations or the services of the Contractor hereunder, resulting from the negligent conduct of the Contractor, its agents or employees. 19. Notices. All notices provided for by this Contract shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to the County shall be addressed to the head of the County Department for which this Contract is made, c/o Sheriff-Coroner's Department, 651 Pine Street, Martinez, California 94553. Notices to the Contractor shall be addressed to the Contractor's address designated herein. The effective date of notice shall be the date of deposit in the mails or of other delivery, 20. 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. 21. 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 purchase of all or any such services from Contractor. I _ r Gontra_Cesta Cccnty' * O Standard Form . . . PAYMENT PROVISIONS (Fce Basis Contracts) Number 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: [Check one alternative only. ] ( x] a. $ 7,285.00Mr-rEw annually, one payment of $7,285 on or before 6-30-79. [ ] b. $ per unit, as defined in the Service Plan, or ( ] c. $ after completion of all obligations and conditions herein and as full compensation for all services, work, and expenses provided or incurred by Contractor hereunder. 2. Payment Demands. Contractor shall submit written demands monthly or as specified in 1. (Payment Amounts) above, for payment in accordance with Paragraph 1. (Payment Amounts) above. Said demands shall be made on County Demand Form D-15 and in the manner and form prescribed by County. Contractor shall submit said demands for payment for services rendered no later than 90 days from the end of the month in which said services are actually rendered. Upon approval of said 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. Right to Withhold. County has the right to withhold payment to the Contractor when, in the opinion of the County expressed in writing to the Contractor, (a) the Contractor's performance, in whole or in part, either has not been carried out or is insufficiently documented, (b) the 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. 4. 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 occurring as a result of its performance of this Contract. Contractor also agrees to pay to the County within 30 days of demand by County the full amount of the County's liability, if any, to the State and/or Federal government resulting from any audit exceptions, to the extent such are attributable to the Contractor's failure to perform properly any of its obligations under this Contract. v (A-4619 RE 6/76) CPIl t:ra LU.-EN l,ounty 1 • SERVICE PIAN 1. Services. The Contractor agrees to establish, supervise and maintain classes. in vocational training and basic education at the Contra Costa County Work Furlough Center in Richmond. The classes shall operate three hours a day, five days a week. Subject matter of the classes shall be mutually agreed upon and be intended to improve upon basic educational skills such as reading and writing. Y CONTRA COS'fA COUNTY STANDARD FORM S 1� STANDARD CONTRACT (Purchase of Services) 1 . Contract Identification Department: Sheriff-Coroner Subject: Provide adult education at the Contra Costa Work/Education Center in Richmond, California 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: Richmond Unified School District Capacity: A California Unified School District Address : 225 35th Street, Richmond, CA 94804 3. Term. The effective date of this Contract is 9-1 -78 and it terminates 6-30-79 unless sooner terminated as provided herein. 4. Payment Limit. County' s total payments to Contractor under this Contract shall not exceed X85.00. 5. County' 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. Legal Authority. This Contract is entered into under and subject to the following legal authorities: California Penal Code Section 4018.5 California Education Code Sections 46191 and 52514 9. Si natures signatures attest the parties ' agreement hereto : COUNTY OSTA, CALIFORNIA ByV1 'j' ' ' Adopted Cha,Jj;;rAff man, of Supervisors Deputy Superintendent Attest: J . R. .Olsson, County Clerk President Mr. Virgil� Gay Schou. By CDistrict Governing Board Deputy Karin King Recommended by Departm A. tbst: 0i;.1 o:-,;-;-A.. o..o r.c:.: ;f. z E� n� nrvr e ary Go r ng Board By oFFice or THE 1E sHtLROI Superintendent/of Schools Designee 0 Form Approved: County Counse C_By Deputy i i Contra Costa County Standard Form GENERAL CONDITIONS (Purchase of Services) 1. Compliance with Law. Contractor shall be subject to and comply with all Federal, State and local laws andiregulations applicable with respect to its performance hereunder, including but not limited to, licensing, employment and purchasing practices; and wages, hours and conditions of employment. 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 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. 4. Retention of Records. The Contractor and County agree to retain all documents pertaining to this Contract for three years from the date of submission of Contractor's . final payment demand or final Cost Report (whichever is later) under this Contract, and until all Federal/State audits are complete and exceptions resolved for the funding period covered by this Contract or for such further period as may be required by law. Upon request, Contractor shall make these records available to authorized representatives of the County, the State of California, and the United States Government. 5. Termination. a. Written Notice. This Contract may be terminated by either party, at their sole discretion, upon thirty-day advance written notice thereof to the other, or cancelled immediately by written mutual consent. b. Failure to Perform. The County, upon written notice to Contractor, may terminate this Contract should the Contractor fail to perform properly ,any of its obligations hereunder. In the event of such termination, the County may proceed with the work in any reasonable manner it chooses. The cost to the County of completing Contractor's performance shall be deducted from any sum due the Contractor under this Contract. 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 Agreement. This Contract contains all the terms and conditions agreed upon by the parties. Except as expressly provided herein, no other understandings, 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 Operating Procedures. Detailed specifications of operating procedures and budgets required by this Contract, including but not limited to, monitoring, auditing, billing, or regulatory changes, may be developed and set forth .in a written Informal Agreement entered between the Contractor and the County. Such 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. Such Informal Agreements may not enlarge in any manner the scope of this Contract, including any sums of money to be paid the Contractor as provided herein. Informal Agreements may be approved and signed by the head of the County Department for which this Contract is made or his designee. $. Modifications and Amendments. a. General Amendments. This Contract may be modified or amended by a written document executed by the 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 the Contractor and the County Administrator or his designee, subject to , any required State or Federal approval,, provided that such administrative amendments may not materially change the Payment Provisions or the Service Plan. I (A-4616 /REV 6/76) I -1- I I iGENERAL CONI)LT IONS • (Purchase of :,ervices) 9. . 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. I 10. Choice of Law and Personal Jurisdiction. 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: 11. Conformance with Federal and State Regulations. Should Federal or State regulations touching upon the subject of this Contract be adopted or revised during the term hereof., this Contract shall be amended to assure conformance with such Federal or State requirements. 12. No Waiver byCounty. Subject to Paragraph 9. (Disputes) of these General Conditions , inspections or approvals, or statements by any officer, agent or employee of the County indicating the 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 the 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 hereof. 13. Subcontract and Assignment. This Contract binds the heirs, successors, assigns and representatives of Contractor. The Contractor shall. not enter into subcontracts for any work contemplated under this Contract and shall not assign this ,Contract or monies due or to become due, without the prior written consent of the County Administrator or his designee, subject to any required State or Federal approval. 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 of agent, servant, employee, partnership, joint venture or association. 15. Conflicts of Interest. Contractor promises and attests that the Contractor and any members of its governing body shall avoid any actual or potential conflicts of interest. If Contractor is a corporation, Contractor agrees to furnish to the County upon demand a valid copy .of its most recently adopted bylaws and also a complete and, accurate list of its governing body (Board of Directors or Trustees) and to timely update said bylaws or the list of its governing body as changes in such governance occur. 16. Confidentiality. Contractor agrees to comply and .to require its employees to comply with all applicable State or Federal statutes- or regulations respecting confi- dentiality, 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, or ethnic background , and that none shall be used, in whole or in part, for religious worship or instruction. i I (A-4616 REV 6/76) -2- 2 I GENERAL CONDITIONS (Purchase of Services) 18. Indemnification. The Contractor s;iall defend, save harmless and indemnify the County and its officers, agents and employees from all liabilities and claims for damages for death, sickness or injury to persons or property, including consequential damages, arising from or connected with the operations or the services of the Contractor ' hereunder, resulting from the negligent conduct of the Contractor, its agents or employees. 19. Notices. All notices provided for by this Contract shall be in writing and . may be delivered by deposit in the United States mail, postage prepaid. Notices to the County shall be addressed to the head of the County Department .for which this Contract is made, c/o Sheriff-Coroner's Department, 651 Pine Street, Martinez, California 94553. Notices to the Contractor shall be addressed to the Contractor's address '. designated herein. The effective date of notice shall be the date of deposit in the mails or of other delivery. 20. 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. 21. 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 purchase of .all or any such services from Contractor. e ',r. - Cunt.a Costa lcunt,y • Standard Form . . PAYM:NT PROVISIONS (Fce Basis Contracts) I Number 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: [Check one alternative only. ] ( x] a. $ 7,285.00T annually, one payment of $7,285 on or before 6-30-79. [ ] b. $ per unit, as defined in the Service Plan, or [ ] C. $ , .after completion of all obligations and conditions herein and as full compensation for all services, work, and expenses provided or incurred by Contractor hereunder. 2. Payment Demands. Contractor shall submit urritten demands monthly or as specified in 1. (Payment Amounts) above, for payment in accordance with Paragraph 1. (Payment Amounts) above. Said demands shall be made on County Demand Form D-15 and in the manner and form prescribed by County. Contractor shall submit said demands for payment for services rendered no later than 90. days from the end of the month in which said services are actually rendered. Upon approval of said 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. Right to Withhold. County has the right to withhold payment to the Contractor when, in the opinion of the County expressed in writing to the Contractor, (a) the Contractor's performance, in whole or in part, either has not been carried out or is insufficiently documented, (b) the 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. 4. 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 occurring as a result of its performance of this Contract. Contractor also agrees to pay to the County within 30 days of demand by County the full amount of the County's liability, if any, to the State and/or Federal government resulting from any audit exceptions, to the extent such are attributable to the Contractor's failure to perforin properly any of its obligations under this Contract. l. T (A-4619 REV 6/76) SERVICE PIAN • 1. Services. The Contractor agrees to establish, supervise and maintain classes in vocational training andlbasic education at the Contra Costa County Work Furlough Center in Richmond. The classes shall operate three hours a day, five days a week. Subject matter of the. classes shall be mutually agreed upon and be. intended to improve upon basic educational skills such as reading and writing. -2