HomeMy WebLinkAboutMINUTES - 02211984 - COB BOX 69 I
/• L �
jTo: BOARD OF SUPOVISORS
FROM: Ernest Siegel , County Librarian
Contra
Costa
DATE: February 21 , 1984 County
SUBJECT: Termination of Contract with Manny Pereira - Adult Literacy Project.
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
In that Mr. Manny Pereira has advised the County Librarian on February 13,
1984 that he will be unable to fulfill the terms of his contract dated
February 7, 1984, the Board of Supervisors, upon recommendation of the County
Librarian, hereby terminates its contract with Mr. Manny Pereira immediately.
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CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOAR COMMITTEE
APPROVE OTHER
SIGNATURE(S) 14/v
ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER
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VOTE OF SUPERVISORS
UNANIMOUS (ABSENT ) I HEREBY CERTIFY THAT THIS IS A TRUE
AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN
ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD
OF SUPERVISORS N THE DATE SHOWN.
CC: County Administrator ATTESTED County Counsel
Library J.R. OLSSON, COUNTY LERK
Contractor via Library AND EX OFFICIO CLERK OF THE BOARD
Auditor-Controller /�)44064�
M382/7-68 BY , DEPUTY
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TO: BOARD OF SUPEWISORS 1, 30
FROM: Ernest Siegel , County Librarian Contra
Costa
DATE: February 6, 1984 County
SUBJECT: Approval of Contract with Manny Pereira for
Consulting Services - Adult Literacy Project
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
As recommended by the County Librarian, the Chairman of the Board
of Supervisors is authorized to sign a contract with Manny Pereira for
consulting services in implementation of the Adult Literacy Project.
Total cost, which is not to exceed $26,000, is funded 100% by Federal
Library Services & Construction Act (LSCA) Funds.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S) It
ACTION OF BOARD ON Z 9 APPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS
UNANIMOUS (ABSENT ) I HEREBY CERTIFY THAT THIS IS A TRUE
AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN
ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD
OF SUPERVISORS ON THE DATE SHOWN.
CC: County Administrator ATTESTED 7, 1
Library J.R. OLSSON, COU TY C ERK
Auditor-Controller AND EX OFFICIO CLERK OF THE BOARD
(J Contractor/via Library
IF 0
M382/7-83 BY ���1.�� DEPUTY
STANDARD CONTRACT +
• Purchase of Services)
Contract_Identification.
Department : County Library
Subject : Adult Literacy Project
Parties . The County of Contra Costa, California (County) , for its
7)eDartment named above, and the follo".ving named Contractor mutually agree and
::romise as follo;as :
Contractor : Manny Pereira
Capacity : Individual
Address : 110 Island Ct. , Walnut Creek, CA 94595
3 . Terra. The effective date of this Contract is FEB 71984 and it
terminates 12/31/84 unless sooner terminated as provided herein .
L . Payment Limit, County' s total payments to Contractor under this Contract
shall not exceed $ $26,000 ,
3 . County ' s Obligations , County shall make to the Contractor those payments
: cscr.:ibed in tite Payment Provisions attached hereto which are incorporated
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erein by reference, subject to all the terms and conditions contained or.
ncorporated herein.
6 . Contractor ' s Obli&ation_s . 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 incorpo—
rated herein by reference.
3 . Project. This Contract implements in whole or in part the following
described Project, the application and approval documents of which are
incorporated herein by reference:
Project Second Chance_ (Adult Literacy Project) as described in Library Service and
Construction Grant Application and Letter of Approval from State Librarian Dated
December 15, 1983.
° .
Le.,zal Authority. This Contract is entered into under and subject to the
following legal authorities:
This contract is entered into under and subject to the following legal authorities:
California Government Code 26227 and 31000.
10. Signatures . These signatures attest the parties ' agreement hereto :
COUNTY OF CONTRA COS/T/JAO,//J/�CALIFORNIA CONTRACTOR_
pm'
Designee, Board of Supervisors _y
(Designatg official capacity)
Attest •/}. Olsson, County Clerk
• State of California )
?y (� _ ) ss.
Deputy County of Contra Costa )
Q.ecommen ed by Department _ ACKNOWLEDGEMENT (CC 1190 . 1)
The person signing above for Contractor ,
3y known to me in those individual and
Designee business capacities , personally appeared
before me today and acknowledge that he/
corm Approved : t signed it and that the corporation
executed this insta`3�ent pursuant to its
N1. �,SILGATE byla?,,, -,ar a resole :L n of its board of
directors\ t-c
/ G/ f I C-1 A l SEAL
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BRAI u iN/ 'Fig✓ i., Notary Public/ ;agrt s� is-af :j :
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F,t ,l alA i C,b RITY
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,;ontra Costa County • Standard Form
PAYMENT PROVISIONS
(Fee Basis Contracts)
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. $ 2,100.00 monthly, and (see below)
[ ] 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.
( X ) Reimbursement of auto expense in accordance with County's current rate schedule
for management employees.
( X ). First payment will be pro-rated based upon the. number of calendar- days remaining_
in the month beyond the initial effective date of this agreement.
'
2. Payment Demands . Contractor shall submit written demands. Said
demands shall be made on County Demand Form D15 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.
Initials :
Contractor o-unty Dept.
(6-4-80)
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SERVICE PLAN
1 ) Description of Project, Goals & Objectives.
The Contra Costa County Library proposes to develop a coalition with eight local
organizations to expand existing literacy programs and develop new ones to serve
a significant percentage of the estimated 65,000 functionally illiterate adults
in Contra Costa County (exclusive of the City of Richmond). Three resource
centers will be established in areas of the county characterized by high unemploy-
ment: Pittsburg Branch Library in the East County, San Pablo Branch Library in
the West County, and the Central Library in Pleasant Hill . These .libraries will
be the resource centers for teaching materials, reading materials for new adult
readers, and will serve as training centers for volunteer tutors, as well as
locations for individual tutoring as needed. A Project Coordinator will be
employed to coordinate the program, to work Oith the Diablo Valley Literacy
Council and two volunteer organizations in recruiting and training a minimum of
50 new volunteer tutors, and to work with the eight participating local organi-
zations and other support groups in recruiting a minimum of 300 functionally
illiterate adults who need basic literacy skills in order to find a job or to
function effectively in their daily activities. Tutoring will be on a one-to-one
basis in individual homes or libraries or community centers. Using the Laubach
method the tutoring will be tailored to meet the individual 's own personal goals.
With the help of an advisory committee consisting of representatives from each of
the participating agencies, and representatives from the corps of volunteers and
target population, a major promotional campaign will be conducted, and an on-going
effort will be made to locate sources of funding and community support for contin-
uation of the program. Evaluation of the program will be in terms of the in-
dividual 's own assessment of progress in relation to his/her personal goals as
well as a statistical measurement of enrollment, referrals to and from other groups,
circulation of materials, and assessment of the program by the participating
agencies and the advisory committee. Briefly stated, the goal of the project is to
develop an adult literacy program in cooperation with other local . agencies which
would enable a significant percentage of the functionally illiterate adults in the
county to acquire the reading and writing skills necessary for them to function
effectively in today' s society, including the ability to find a job. The object-
ives are: (1 ) To provide three resource centers in East, West and Central County
for teaching materials, reading materials for new adult readers, and as training
centers for volunteer tutors. (2) To train a minimum of 50 new volunteer tutors
and enlist them in the literacy project by the end of March 1984. (3) To recruit
a minimum of 300 new students who lack literacy skills, to receive tutoring in
basic. literacy by volunteer tutors.
2) Grant application dated November 14, 1983 and letter of approval from State
Librarian are incorporated into this agreement by reference and are on file
in the office of the County Librarian.
3) Services Required of Contractor:
' a) Provide an average of 40 hours work per week as project
coordinator (see P. 1 above)
b) Report orally on a weekly basis to Coordinator of Library Age
Level Service-Adult, as to status of project
c) Report in writing on a monthly basis total of hours worked on
project. Also, report statistics relevant to project as outlined
in .grant application.
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Initials: �?'j-� OQ
Contractor
COLJty Dept.
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;ancr2z oosL-a uouncy Standard Form
1
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t:E11'r.'RAL CG:;llITI0.i5�
(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 under this Contract , including but not limited
to , licensing, employment and purchasing practices; and wages, hours and
conditions of employment.
2 . Inspection. _ Contractor ' s performance, place of bu-siness 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.
4 . Retention of Records. Contractor shall retain all documents per-
taining 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.
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, and may be cancelled immediately by written mutual
consent.
b. Failure to Perform. The County, upon written notice to
Contractor, may . immediately 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 reason-
able 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, without prejudice to the County 's rights otherwisetorecover
its 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 Agreement. This Contract contains all the terms and con- ,
d-itions agreed upon by the parties . Except as expressly provided herein,
' r..O 0t::?4 !!naersta^dings, Oral or otherwise, rv.gardiI!.- the Sllbj e!: - %2t% r
of this Contract shall be deemed to exist or to bind any of_ the parties
hereto.
7 . Further Specifications for Operating Procedures . Detailed speci-
f.ications of operating procedures and budgets required by this Contract ,
inc.ludi-n.- but not limited to, monitoring , auditin.- , billing , or regulatory
changes , may be developed and set forth in a written Informal Agreement
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 re-
quired 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.
(A-4616 REV 6/80) -l-
UV tt l.tJ„gVrj a Z(2 �02:M
GENERAL CONDITIOAM
(Purchase of Services)
8 . 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 Coun
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 nay not materially
change the Payment Provisions or the Service Plan.
9 . Disputes. Disagreements between the County and Contractor con-
cerning 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 accordaac
with the applicable procedures (if any) required by the State or Federal
Government .
10 : Choice of Law and 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, State of California.
11. Conformance with Federal and State Regulation-s. Should Federal o
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 wiith 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, ox
acceptance of the whole or any part of said performance, or payments there
for, 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 arisi
from any failure to comply with any of the terms and conditions of this
Contract .
13 : Subcontract and Assignment. This Contract binds the heirs, suc-
cessors, assigns and representatives of Contractor. The Contractor shall
riot enter into subcontracts for any wort: contemplated aider C%1is Contract
and shall not assign , this Contract or monies, due or to Lecome 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 con-
strued to create the relationship of agent, servant, employee, partnership
joint venture or association.
(A-4616 REI 6/80) -2-
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��tistza Costa County � • Standard Form
CENERAL CONDMONS
(Purchase of Services)
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, agents and partners 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 maybe guilty of a misdemeanor. . _
17 . Nondiscriminatory Services. Contractor agree.s that all goods -and
services under this Contract shall be available to all qualified persons
regardless of age, sex, race, religion, color, national origin., or ethnic
background , or handicap , and that none shall be used , in whole or in part,
for religicus worship or instruction.
18 . Indemnification. The Contractor shall defend , save harmless and
indemnify the County and its officers, agents and employees from all lia-
bilities and claims for damages for death, sickness or injury to persons or
property , including without limitation, all consequential damages, from any
cause whatsoever arising from or connected with the operations or the ser-
vices of the Contractor hereunder , resulting from the conduct, negligent or
otherwise, of the Contractor, its agents or employees.
19 . Insurance. During the entire term of this Contract and any
extension . or modification thereof, the Contractor shall keep in effect
insurance policies meeting the following insurance requirements unless
otherwise expressed in Special Conditions :
a� Liability Insurance. The Contractor shall provide compre-
hensive liability insurance, including coverage for owned and nor.-o-:ned
filth a m1nlLn lt3 COii 1ned SSngie limp COV:'-i age OL. 500, 000
for all damges,_ 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 the County and
its officers and employees as additional named insureds as to all ser-
vices performed- by Contractor under this agreement.
b. Workers ' Compensation. The Contractor shall provide workers '
compensation insurance coverage for. its employees.
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(A-4616 REV 6/ 30)" -3-
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I/ Coti-rra" Costa County Standard Form
GENERAL CONDITIONS •
(Purchase of Services)
C. Certificate of Insurance. The Contractor shall provide the
County with (a) certificate (s) of insurance evidencing liability and workers '
compensation insurance as required herein no later than the effective date
of this Contract. If the Contractor should renew the insurance policy (ics)
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 pro-
vided by the Contractor shall include a provision for thirty (30) days
written notice . to County before cancellation or material change of the above
specified coverage. Said policies shall constitute primary insurance as to
the County, the State and Federal Governments, and their officers, . agen ts,
and employees, so that other insurance policies held by them or their self-
insurance pro-gram(s) shall not be required to contribute to any loss covered
under .the Contractor ' s insurance policy or policies.
20. 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 . Notices to the Contractor shall
be addressed to the Contractor ' s address designated herein. The effective
date of notice to the Contractor shall be the date of deposit in the mails
or of other delivery. The effective date of notice to the 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 f.or. .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 con-
tract following expiration or termination of this Contract, and waives all
rights or claims to notice or hearing respecting any failure to continue
purchase ofallor any such services from Contractor .
23 . Possessory Interest. If this Contract results in the Contractor
having possession of, claim to or right to the possession of land or improve-
ments, 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 §107 ) , such interest or improve-
ments 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 §707 . 6 , and *naives all rights to
further notice or to damages under that or any comparable statute.
(A-4616 REV 6/80) -4•-
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• OFFICE OF COUNTY LIBRARIAN �.
CONTRA COSTA COUNTY
1750 Oak Park Boulevard, Pleasant Hill , CA 94523
T0: Mel Wingett, County Administrator
DATE: January 30, 1984
Attn: George Johnson
FROM: Jerome J. Prideaux, Administrative Svcs. Office
SUBJECT: Contract for Board Agenda: CONSULTANT FOR ADULT LITERACY PROJECT
We recommend Board of Supervisors' approval of the attached agreement
with Manny Pereira for consulting services in implementing the Adult
Literacy Project.
This project is fully funded by Federal Library Service and Construction
Act (LSCA) funds totaling $62,000. A copy of the Board Order authorizing
the County Librarian to apply for and accept such grant is attached for.
reference..
JP:mg
Attach.
'RE,CEIV.�'�.
« ContRECEtt nt„0J. R. OLS°ON `SAN 31198q
OARD Or' U.." Office of
uniy Adrninisirator
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