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HomeMy WebLinkAboutMINUTES - 01191988 - COB BOX 69 TO BOARD OF SUPERVISS FROM: Ernest Siegel, County Librarian C=tra Costa DATE: February 9, 1988 @ COJ* SUBJECT: CONTRACT CANCELLATION AGREEMENT FOR CAROLE TALAN, DIRECTOR OF PROJECT SECOND CHANCE SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION I RECOMMENDATION: Approve and authorize the Chair to execute on behalf of the County contract cancellation with Dr. Carole Talan for the period of November 1, 1987 - June 30, 1988 for provision of services as Project Director of Project Second Chance. FINANCIAL IMPACT: None. REASON FOR RECOMMENDATION: Carole Talan has been appointed to a project position for Contra Costa County Library, effective November 1, 1987. I CONTINUED ON ATTACHMENT: YES SIGNATURE' RECOMMENDATION OF COUNTY ADMINISTRATOR RECO NDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATUREISI: ACTION OF BOARD ON .:t"PROVED AS REC WMENDED OTHER I VOTE OF SUPERVISORS y/ 1 HEREBY CERTIFY THAT THIS IS A TRUE X UNANIMOUS (ABSEIYF AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: IABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. I d b CC: Library ATTESTED _�1f PHIL BATCHELOR. CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR BY DEPUTY M382/7-83 - Contra Costa County r- Standard Form 1/87 TTRACT CANCELLATION AGREEMENT Number 31629 Fund/Org # 3705 Account U �- Other # 1. Identification of Contract. to be Cancelled. Vendor # 6739 ' Number: 31629 Effective Date: 7/1/87 Department :. Library Subject: . Adult Literacy Project 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: Carole S. Talan Capacity: Individual Address: 912 Mohr Lane Concord, CA 94518 3. Mutual Consent Cancellation. Pursuant to General Conditions Paragraph 5. (Termination) of the contract identified above, County and Contractor hereby agree to terminate said Contract by mutual consent , effective on the close of the workday on 10/31/87 — 4. Signatures. These signatures attest the parties' agreement hereto: COUNTY OF CONTRA COSTA, CALIFORNIA ATTEST: Phil Batchelor, Clerk of the Board BOARD OF S of Supervisors and County Administrator By x By Chairman Designee Deputy CONTRACTOR By a& By Individual (Designate official business capacity A.) (Designate official business capacity B.) 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 §1190.1 and Corporations Code §313) . All signatures must be acknowledged as set forth on page two. CONTRACT CANCELLATION DUE TO MUTUAL CONSENT, AS CONTRACT EMPLOYEE IS N014 AN EMPLOYEE FOR CONTRA COSTA COUNTY. (EMPLOYEE it 43994) 1V BOARD OF SUPEISORS ". �^_0 '•.. FROM: Ernest Sigel, County Librarian Contra C sta DATE: July 1 1987 �� / 1 �•� SUBJECT: EXTENSION OF CONTRACT WITH DR. CAROLE S. TALAN, ADULT LITERACY DIRECTOR SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATION: Approve and authorize the Chair to execute on behalf of -the County a contract extension agreement with Dr. Carole S. Talan for the period July 1., 1987 through June 30, 1988 for the provision of services as Project Director for Project Second Chance. FINANCIAL IMPACT: Part of the cost of this contract is paid from a grant of the California State Library. Approximately 25% of the cost comes from the County Library budget. REASON FOR RECOMMENDATION: This contract provides for the continued services of Dr. Carole S. Talan as Project Director for Project Second Chance, which has its purpose to train tutors who in turn train functionally illiterate adults to read, in Contra Costa County. CONTINUED ON ATTACHMENT: YES SIGNATURE: j RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDA ION OF BOARD COMMITTEE APPROVE OTHER SIGNATUREISI: _ _ ACTION OF BOARD ON July I APPROVED AS RECOMMENDED X OTHER _ VOTE OF SUPERVISORS HEREBY CERTIFY THAT THIS IS A TRUE X UNANIMOUS (ABSENT --- AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT; ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. OOCounty Administrator ATTESTED July 21 , 1987 Auditor-Controller PHIL BATCHELOR, CLERK OF THE BOARD OF Library = SUPERVISORS AND COUNTY ADMINISTRATOR Contractor via Library / M382/7-83 U.- t1p` 3 BY ( DEPUTY Contra Costa County Standard Form 1/87 SHORT FORM SERVICE p Number 31629 CONTRACT EXTENSION AGREI&T Fund/Org $ 3705 Account 9 . 1. Identification of Contract to be Extended. 1,4 ! Other 0 Number. : 31629 Effective Date: September 1, 1985 Department : County Library Subject: Adult Literacy Project 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: Carole S. Talan Capacity: Individual Taxpayer ID# 415-70-5648 Address: 912 Mohr Lane Concord, CA 94518 3. Extension of Term. . The term of the above described contract between .the parties hereto is hereby extended from July 1, 1987 to June 30, 1988 unless sooner terminated as provided in said contract. 4. Payment Limit. As to the extended term of the contract, the amount payable by the County shall not exceed $ 36,000.00 5. Other Provisions. As to the term during which the above described contract is extended, the parties mutually agree to those Special Provisions (if any) attached hereto, which are incorporated herein. by reference. 6. Signatures. . These signatures attest the parties' agreement hereto. i COUNTY OF CONTRA COSTA, CALIFORNIA CONTRACTOR . By^k42n2d)L(A BY Designee . Individual Recommended by Department (Designate official capacity) By Designee Approved: County Administrator By l [Form Approved by County Counsel] Designee ,0 2. 2 �/- l Contra Costa County Standard Form 1/87 APPROVALS/ACKNOWLEDGEMENT Number APPROVALS RECOMENDED BY DEPARTMENT FORM APPROVED By By Designee APPROVED: COUNTY ADMINISTRATOR By Designee ACKNOWLEDGEMENT State of California ACKNOWLEDGEMENT (by Corporation, Partnership, or Individual) County f The person(.&) signing above for Contractor, personally known to me in the individual or business capacity(#es) stated, 8$�- ..aY�.�.._ '} '4 P—ck-d} .7 �n a��-I eL._.n�_ P{x r•i. n e�...t /__] personally appeared before me today and acknowledged that ke/she/they exe- cuted it,. and acknowledged to. me that the partnership named above executed it or acknowledged to me that the corporation named above executed it pur- suant to its by-laws o resolution of its board of directors. Dated: [Notarial, Seal] E:t4oOFFICIAL SEAL otary Public D putt' County C erk� ORIS L. WEBSTER va IARV PUBLIC—CALIFORNIA NTRA COSTA COUNTY mmisswn expaes Oct.25,1.969 "CONTRA COSTA COUNTY LIBRARY INTER-OFFICE MEMO DATE: July 1, 1987 TO: Phil Batchelor, County Administrator Attention: T. Mc Graw FROM: I Jerome J. Prideaux, Admin. Svcs. Officer SUBJECT: I CONTRACT FOR PROJECT DIRECTOR FOR PROJECT SECOND CHANCE The attached contract is for the Project Director for our Adult Literacy Project which is funded by the state through June 30, 1988. The Project Director will train tutors who .in turn train functionally illiterate adults to read. This project uses 25% of county library funds. We request your approval for processing. The form is a standard County Counsel form. 3U,�> 198 VOL BAS fNSUO pV1:pR5 a C050. oe ut ° Contra Costa County RF'r•1:IVF!i) JUL 't1987 Office of County Administrator I Attachment i JJP:nf II ,1 I TO: BOARD OF SUPERVISORS FROM; Ernest Siegel, County Librarian Contra�,.,�,., DATE; October 7, 1986 I.... @ Co �/ SUBJECT: AMENDMENT OF CONTRACT WITH DR. CAROLE S. TALAN, ADULT "� �•! LITERACY COORDINATOR SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATION: Approve and authorize the Chair to execute on behalf of the County an amendment of contract with Dr. Carole S. Talan for an additional $3,600 for the period November 1, 1986 - June 30, 1987 for the provision of services as Project Coordinator for Project Second Chance. FINANCIAL IMPACT: This contract amendment requires no County funds. All costs of Project Second Chance are paid from a grant from California Library Service Act Funds. REASON FOR CONTRACT: This contract amendment corrects an error in the contract extension (effective July 1, 1986) which did not provide enough funds to cover the projected costs. The monthly rate is reduced from $3,000 to $2,850. I CONTINUED ON ATTACIiIRENT*. _ YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMME ATION Oy BOARD COMMITTEE APPROVE I OTHER SIGNATURE(S): ACTION OF BOARD ON October 28 , 1986 APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE X UNANIMOUS (ABSENT --- ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. cc: County Adr^inistrator ATTESTED October 28 , 1986 Auditor-Controller PHIL BATCHELOR, CLERK OF THE BOARD OF Library SUPERVISORS AND COUNTY ADMINISTRATOR Contractor M382/7-83 91 BY �� DEPUTY k,onLra UasLa %,ouncy aLanuaru rorm 1/0. CONTRACT AMENDMENT AGREEKEtiL Number 31629 1. 'Identification of Contract to be Amended. Number: 31629 Department : County Library Subject: Adult Literacy Project Effective Date of Contract: September 1, 1985 July 1, 1986 (extension) I 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: Dr.i Carole S. Talan Capacity: Individual Taxpayer ID# 415-70-5648 Address : 912 Mohr Lane Concord, CA 94518 3. Amendment Date. The effective date of this Contract Amendment Agreement is November 1, 1986 4. Amendment Specifications. The Contract identified above is hereby amended as set forth in the "Amendment Specifications" attached hereto which are incorporated herein by reference. 5. Signatures. These signatures attest the parties ' agreement hereto: COUNTY OF CONTRA COSTA, CALIFORNIA ATTEST: Phil Batchelor, Clerk of the Board BOARD OF S RVIS of Supervisors and County Administrator By FBy P Ci irman/Designee Deputy CONTRACTOR By i( �/fl� BY Individual (Designate official business capacity A. ) (Designate official business capacity B. ) Note to Contractor: (1) Sign above and have a Notary Public execute the acknowledgement form on page two and (2) as to your signatures, if a corporation, signature A. must be the president or vice-president; and signature B. must be the secretary or assistant secretary as required by Civil Code §1190. 1 and Corporations Code §313. I Contra Costa County Standard Form 1/85 APPROVALS/ACKNOWLEDGEMENT Number APPROVALS RECOMMENDED BY DEPARTMENT FORM APPROVED BY BY f J -��Kibnee APPROVED: COUNTY ADMINISTRATOR by Designee I _ - ACKNOWLEDGEMENT State of California ACKNOWLEDGEMENT (by Corporation, Partnership, or Individual) I County of I The person Es} signing above for Contractor, personally known to me in the individual or business capacity(ies) stated, OF ppowwd re - R .ti.. ha-s16 Qf d -4 or- the r-epresenratjave(s-) personally appeared before me today and acknowledged that hr/she/trey exe- cuted it , and acknowledged to me that the partnership named above executed it or acknowledged to me that the corporation named above executed it pur- suant to its by-laws or a resolution of its board of directors. I . Dated: [Notarilal Seal) " rz ,j L .....0, N ary 1 blic/ OFFICIAL SEAL DORIS 4 WEBSTER m potun PUBLIC-WFORMA -L- CONTRA COSTA COUNTY my COLI MIS51011 apna Oct.25-1989 ,� 3 DR. CAROLE S. TALAN I ADULT LITERACY PROJECT AMENDED SPECIFICATIONS Provisions to be amended: I PAYMENT AMOUNT. Monthly rate is changed to $2,350 per month, PAYMENT LIMIT. Payment limit is increased by the following amount $3,600. i I i I I I Ti' BOARD OF SUPERVISORS ' FROM: Ernest Siegel, County Librarian Contra C^WIQ DATE: June 24, 1986 C0^ SUBJECT: EXTENSION OF CONTRACT WITH DR. CAROLE S. TALAN, ADULT LITERACY COORDINATOR SPECIFIC REQUEST(S) 'OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATION: Approve and authorize the Chair to execute on behalf of the County extension of contract with Dr. Carole S. Talan in the amount of $33,000 for the period July 1, 1986 June 30, 1987 for the provision of services as Project Coordinator for Project Second Chance. I FINANCIAL IMPACT: This contract requires no County funds. All costs of Project Second Chance are paid from a grant from California Library Service Act Funds. REASON FOR RECOMMENDATION: This contract provides for the continued services of Dr. Carole S. Talan as Project Coordinator of Project Second Chance, which has as its purpose to train tutors who in turn train functionally illiterate adults to read, in Contra Costa County. CONTINUED ON ATTACHMENT: YES SIGNATURE' j RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITT E APPROVE OTHER SIGNATURE S : ACTION OF BOARD ON 19R A APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS 1 HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS (ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS /O.N THE DATE SHOWN. cc: County Administrator ATTESTED Auditor-Controller -- - -- Library PHIL B CHELO . CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR Contractor visa Library /////////JJJ M38217-83 oa 3 BY "2&Jre0_'DEPUTY Contra Costa County Standard Form 1/85 1" CONTRACT EXTENSION AGREEMENT T'A • Number 31629 1. Identification of Contract to be Extended. Number: 31629 Department : County Library Subject : Adult Literacy Project Effective Date of Contract : September 1, 1985 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: Dr. Carole S. Talan Capacity: Individual Taxpayer ID# Address : 912 Mohr Lane, Concord, CA 94518 3. Extension of Term. The term of the above described contract between the parties hereto is hereby extended from July 1. 1986 to June 30, 1987 , unless sooner terminated as provided in said contract. 4. Payment Limit. As to the extended term of the contract , the maximum amount payable by the County is increased by the following amount $ 33,000 5. Other_ Provisions. As to the term during which the above described contract is extended, the parties mutually agree to those Special Provisions (if any) attached hereto, which are incorporated hefein by reference. 6. Signatures. These signatures attest the parties ' agreement hereto. COUNTY OF CONTRA COSTA, CALIFORNIA ATTEST: Phil Batchelor, Clerk of the Board BOARD�OF SUPE I RVIORS of Supervisors and/County Administrator By Byy--�l���f�/LF'.l�f� Chairman/Designee Deputy CONTRACTOR Ey By (Designate official business capacity A. ) (Designate official business capacity B.) Note to Contractor: (1) Sign above and have a Notary Public execute the acknowledgement form on page two and (2) as to your signatures, if a corporation, signature A. must be the president or vice-president ; and signature B. must be the secretary or assistant secretary as required by Civil Code 91190. 1 and Corporations Code 4313. '.Monthly rate in payment provisions is changed to 3,000 effective July 1, 1986. I Costa County Standard Form 1/85 APPROVALS/ACKNOWLEDGEMENT Number APPROVALS RECOMMENDED BY DEPARTMENT FORM APPROVED By By LIZ esignee �— I 11 APPROVED: COUNTY ADMINISTRATOR By �( k Designee �t ACKNOWLEDGEMENT State of California ACKNOWLEDGEMENT (by Corporation, / Partnership, or Individual) County of hzc The person(s) signing above for Contractor, personally known to me in the individual or business capacity(ies) stated, or proved to me on the basis of satisfactory evidence to be the stated individual or the representative(s) of the partnership or corporation named above in the capacity(ies) stated, personally appeared before me today and acknowledged that Am/she/Wmy exe- cuted it , and acknowledged to me that the partnership named above executed it or acknowledged to me that the corporation named above executed it pur- suant to its by/ r a resolution of its board of directors. Dated: [Notari Seal] OFFICIAL Notary Mlic/1 OFFICIAL $CAL DORIS L NEBSTER OEM umwn Puss—aam" MM COSTA COW11lr oraoanmrnwpm am25.Ing I Ei TO: BOARD OF SLORVISORS FROM: Ernest Siegel , County Librarian Contra Costa DATE: July 24, 1985 Count/ SUBJECT: AUTHORIZE CONTRACT WITH DR. CAROLE S. TALAN, ADULT LITERACY COORDINATOR SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATION: Approve _and authorize the Chair to execute on behalf of the County a contract with Dr. Carole S. Talan in the amount of $32,000 for the period September 1 , 1985 - June 30, 1986 for the provision of services as Project Coordinator for Project Second Chance. FINANCIAL IMPACT: This contract requires no County funds. All costs of Project Second Chance are paid fron a grant from California Library Service Act Funds. REASON FOR RECOMMENDATION: This contract provides for the continued services of Dr. Carole S . Talan as Project Coordinator of Project Second Chance, which has as its purpose to train tutors who in turn train functionally illiterate adults to read, in Contra Costa County. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITT APPROVE ,OTHER SIGNATURE(S) ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS UNANIMOUS (ABSENT � ) 1 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 O�N� THE DATE SHOWN. CC: County Adrinistrator ATTESTED _fddGdp(j .2O F / 185 Auditor-Controller PHIL BATCHELOR, CLERK OF THE BOARD OF Library SUPERVISORS AND COUNTY ADMINISTRATOR ?yrs, Contractor via Library M382/7•83 BY _- `' ���Y.�- DEPUTY STANDARD CONTRACT e (Purchase of Services) A-L t:__r't Tact Identification, Number 31629 Department: County Library Subject: Adult Literacy Project 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: Dr. Carole S. Talan Capacity: Individual Taxpayer IDS Address: 912 Mohr Lane, Concord, CA 9451 3. Term. The effective date of this Contract is September 1 , 1985 and it terminates June 30, 1936 unless sooner terminated as provided herein. 4. Payment Limit. County's total payments to Contractor under this Contract shall not exceed $32,000 5. County's Obligations. County shall make to the Contractor those payments described i.n 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. 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: Provide approximately 40 hrs per week as Project Coordinator as per "Project Second Chance Service Plan & Duties of Library Project Coordinator" , as'attached. 9. Legal 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 authorties: California Government Code 26227 and 31000. 10, Signatures. These signatures attest the parties' agreement hereto: COUNTY OF CONTRA COSTA, CALIFORNIA ATTEST: Phil Batchelor, Clerk of the Board EMU OF SVMRVISORS of Supervisors and County Administrator Chairman/Des' nee Deputy nr n 4 CONTRACTOR By I�U/� l ��i� .�Gr//� By --- (Designate official business capacity A. ) (Designate official business capacity B.) Note to Contractor: ( 1 ) Sign above and have a Notary Public execute the acknowledgement urm uu page two and (2) as to your signatures , if a corporation, signature A. must be the prcident or vice—president ; and signature H. must be the secretary or assistant secretary as required by Civil Code 41190. 1 and Corporations Code 4313. Contra Costa County Standard Form 4/84 GENERAL CONDITIONS (Purchase of Services) 5. Termination. i 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 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, without prejudice to the County's rights otherwise to recover 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 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 Operating 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 devel- oped 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 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. 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. be 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. 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. —2— Contra Costa County Standard Form 4/84 GENERAL CONDITIONS (Purchase of Services) 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, State of California. 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 of this Contract. 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, its officers, agents, and employees, pursuant to California Government Code Sections 87100 et seq., shall not make, participate in making, or in any way attempt to use the position afforded them by this Contract to influence any governmental decision in which he or she knows or has reason to know that he or she has a financial interest. 16. Confidentiality. Contractor agrees to comply and to require its employees, agents and partners to comply with all applicable State or Federal statutes or regu- lations 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 Auch service. -3- �3 Contra Costa County Standard Form 4/84 GENERAL CONDITIONS (Purchase of Services) 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, or handicap, and that none shall be used, in whole or in part, for religious worship or instruction. 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 without limitation, all consequential damages, from any cause whatsoever arising from or connected with the operations or the services 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 the Special Conditions: a. Liability Insurance. The Contractor shall provide comprehensive liabi- lity 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 the 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 the 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 the Contractor's insurance policy or policies. b. Workers' Compensation. The 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 the Contractor shall include a provision for thirty (30) days written notice to County before cancellation or material change of the above specified coverage. -4- d`3 Contra Costa County Standard Form 4/84 GENERAL CONDITIONS (Purchase of Services) 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 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 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 purchase of all or 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 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 S Taxation Code 4107), 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 b Taxation Code 4107.6, 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 the 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. Copyrights and Rights 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, the County reserves the right to copyright such and the Contractor agrees not to copyright such material. If the material is copyrighted, the 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. -5- a� Cn;tLra Costa County � Standard Form 4/84 GENERAL CONDITIONS (Purchase of Services) 1. Compliance with Law. Contractor shall be subject tc and comply with all Federal, State and local laws and regulations applicable with respect to its perfor- mance under this Contract , including but not limited to, licensing, employment and purchasing practices; and wages, .hours and conditions of employment, including discrimination. 2. Inspection. Contractor's performance, place of business and records per- taining to this Contract are subject to monitoring, inspection, roview and audit by authorized representatives of the County, the State . o_ Cal°F-:t xl:a�. .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 addi- tional records pertaining to this Contract as may be required by the County. a. Retention of Records. The 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 avail- able 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 promulgate" 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 Secretary of Health and Human Services or to the Comptroller General, or any of their duly authorized representatives , this Contract and books, documents, and records of Contractor that are 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 Secretary or to the Comptroller General, or any of their duly authorized representatives, the subcontract and books, documents, and records of the subcontractor that are necessary to verify the nature and extent of all costs and charges hereunder. This special condition is in addition to any and all other terms regarding the main- tenance 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 §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 ano 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. I -1- a .:,i s�F.oB.Mi�Yl�'Y`.'rifb.Ai`bldlfiQ�'!Id4! PROJECT SECOND CMN SERVICE PLAN AND DUTIES OF LIBRARY PROJECT COOPDINATOR 5 The Contra Costa County Library has developed coalitions with local organizations to expand existing literacy programs and develop new ones to serve a percentage of the estimated 65,000 functionally illiterate adults in Contra Costa County (exclusive of the City of Richmond). Three resource centers have been established in areas of the county characterized by high unemployment: Pittsburg, San Pablo and Pleasant Hill. The libraries in these communities are the resource centers for teaching materials, reading materials for new adult readers, and serve as training centers for volunteer tutors, as well as locations for individual tutoring as needed. The Contractor (hereafter called Project Coordinator) is to coordinate this program, work with the Diablo Valley Literacy Council and volunteer organizations in recruit- ing and training volunteer tutors, and work with the participating local organizations and other support groups in recruiting functionally illiterate adults who need basic literacy skills in order to find a job or to function effectively in their daily activities. With the help of the local literacy coalition, the Project Coordinator will conduct a promotional campaign and will make an effort to locate sources of funding and community support for continuation of the program. Specific services required of Project Coordinator: (1) Provide an average of 40 hours work per week as Project Coordinator (see Service Plan above) (2) Report orally on a weekly basis to Coordinator of Library Age Level Services - Adult, as to status of project (3) Report in writing on a monthly basis the total number of hours worked ` on the project. Also, report statistics relevant to project as out- lined in grant application (4) Attend literacy conferences and workshops as required (5) Conduct tutor-training workshops as required (6) Supervise the work of two Literacy Project Assistants 1 12/7/84 a� aranaara corm 4/84 • PAYMENT PROVISIONS (Fee Basis Contracts) Number 1. Payment Amounts. Subject to the Payment Limit of this Contrast and subject to the following Payment Provisions, County will pay Contractcr the following fee: [Check one alternative only. ] [X] a. $ 2,900. ^ monthly, o*/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) Contractor shall be reimbursed for expenses to attend workshops & conferences and for necessary office expenses as approved by the County Librarian. 2. Payment Demands. Contractor shall submit written demands. 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 30 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 :;xce tions. Contractor agrees to accept responsibility for receiving, reply- ing 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 County Dep"' . ,I Standard Form 1/85 APPROVALS/ACKNOWLEDGEMENT Number APPROVALS RECOMMENDED BY DEPARTMENT FORM APPROVED By BYX i APPROVED: COUNTY ADMINISTRATOR By _ , � - Designee ACKNOWLEDGEMENT State of California ACKNOWLEDGEMENT (by Corporation, Partnership, or Individual) County of 0,Z n-44 d sy The person(s) signing above for Contractor, personally known to me in the individual or business capacity(ies) stated, or proved to me on the basis of satisfactory evidence to be the stated individual or the representative(s) of the partnership or corporation named above in the capacity(ies) stated, personally appeared before me today and acknowledged that he/she/they exe- cuted it , and acknowledged to me that the partnership named above executed it or acknowledged to me that the corporation named above executed it pur- suant to its by-laws or a resolution of its board of directors. r 3D Dated: eJbe.e tarialIiSeal) 0GLfBy Q Not ry Au blic/Uep ty y Clerk QST or `"'�w d g aa�e TO oQ a� 3°y °Q `' -2- _�oA- . 0,X, F+. A g SR 31 9�� TO: BOARD OFOJPERVISORS FROM: Ernest Siegel , County Librarian Contra (Costa DATE: October 16, 1984 County SUBJECT: ADULT LITERACY PROJECT SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDED ACTION: Approve amendment to contract with Dr. Carole Talan for Adult Literacy Project, effective November 1 , 1984. BACKGROUND: Dr. Carole Talan is Project Coordinator of the County Library's Federally & State funded Adult Literacy Project. The California State Library is requiring that project coordinators throughout the state attend various workshops and conferences. This amendment will allow the County Library to pay Dr. Talan for expenses incurred in attending such meetings. All additional costs will be funded by the grants 100%. CONTINUED ON ATTACHMENT: YES SIGNATURE' `„�� RECOMMENDATION OFICOUNTY ADMINISTRATOR RECOM RTENDATION OF BOARD COMMITTEE APPROVE OTHER I SIGNATURE(S) r ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS UNANIMOUS (ABSENT 1� ) 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: Library (Z) ATTESTED et-6,, 3C) Auditor Phil Batchelor, Clerk of the Bo�of County Administrator Supervisors and County Administrator D� e. i 1;(62W bg- M8a2/7-a9 BY DEPUTY OFFICE OF COUNTY LIBRARIAN CONTRA COSTA COUNTY 175010ak Park Boulevard, Pleasant Hill , CA 94523 i TO: Phil Batchelor, County Administrator DATE: October 23, 1984 Attn: George Johnson FROM: Jerome J. Prideaux, Admin. Svcs. Offic --J. SUBJECT: CONTRACT AMENDMENT - ADULT LITERAY PROJECT, DR. CAROL.E TALAN, CONTRACTOR Request approval of the attached amendment to our contract with Dr. Carole Talan, Project Coordinator for our federally and state funded Adult Literacy Project. This amendment adds $500 to the contract total making the new total $28,500. It provides the authority for the county to reimburse Dr. Carole Talan for expenses incurred while attending workshops and conferences required by the State Librarian and the County Librarian. It is essential that this amendment be placed on the Board agenda for the October 30, 1984 meeting because the first workshop is November 2-4, 1984. County Counsel has approved the amendment as to form. JJP:mg RECEIVED OCT,3d 1984 PHIL BATCHELOR CLERK ROAR0 OF SUPERVISOR; Attach. CONTRA COSTA CO. I i THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY) CALIFORNIA Adopted this Order of June 12 , 1984 , by the following vote: AYES: Supervisors Powers , Fanden, Schroder , Torlakson. NOES: None. ABSENT: Supervisor McPeak. ABSTAIN: None . SUBJECT: Adult Literacy Project IT IS BY THE BOARD ORDERED that the Chairman is AUTHORIZED TO EXECUTE a contract amendment with Dr , Carole S . Talan for Adult Literacy Project , contract amendment effective July 1, 1984. I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: - J J9�� J.R. OLSdOIN, COUNTY' ' CLERK and ex officco Clerk of the Board By - - — , Deputy I Orig. Dept.: cc: County Administrator Library Auditor-Controller li0'lrli� G.�l�, 3 I 0 CONTRACT AMENDMENT AGREEMENT 1 . Identification of Contract to be Amended: Department: County Library Subject: Adult Literacy Project Effective Date of Contract: February 21 , 1984 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: Dr. Carole S.Talan Capacity: Individual Address: 912 Mohr Lane, Concord, CA 94518 3. Amendment Date: The effective date of this Contract Amendment Agreement is: July 1 , 1984. 4. Amendment Terms: In consideration of contractors agreement to provide no less than two tutor-training courses between June 12 and October 31 , 1984, the parties agree to the following contract amendments, while all other portions of the contract remain unchanged: A. Payment limit: Increase limit of total payments to Contractor by $2,000 to $28,000. B. Payment Provisions: As of July 1 , 1984 payment shall be $2,500 per month plus reimbursement of auto expenses. C. Add a new service plan paragraph 3) d) to read: "d) Provide at least two tutor training classes with a content similar to that provided in May 1984, at times acceptable to the county, between June 12, and October 31 , 1984. " 5. Signatures: The signatures attest the parties' agreement hereto. COUNTY OF CONTRA COSTA, CALIFORNIA CONTRACTOR By 1� 10Yn /�� A14 By Chairman, Board of Supervisors ' Individual Attest: J. R. Olsson, County Clerk Designate official capacity in organization and affix corporation seal By Deputy, or attach resolution of governing board) �\ State of California ) ss. Recom ded by Depat::iNaVc County of Contra Costa ) ACKNOWLEDGMENT (CC 1190.1 ) nee The person signing above for Contractor, known to me in those individual and business capacities, personally appeared before me today and acknowledged that she/they signed it and that the corpora- tion or .partnership named above executed this instrument pursuant to its bylaws or a resolution of its board of directors. Form Approve Dated: 4 $ BY1. No, ary Publ is EOCOKOFFICI�:F] TRA NNA RY p1rBtCOxpires Au 1920 Contra Costa Blyd.,Pleasant*.CA 9452; OFFICE OF COUNTY LIBRARIAN Contra Costa County CONTRA COSTA COUNTY RECEIVED 1750 Oak Park Boulevard, Pleasant Hill , CA 945MUN 611984 Office of DATE: County„kim;njsW#tor TO: C. E. Dixon, Interim County Administrator Attn: George Johnson FROM: Jerome J. Prideaux, Admin. Svcs. Office SUBJECT: AMENDMENT TO CONTRACT WITH DR. CAROLE TALAN, ADULT LITERACY PROJECT Attached is a proposed amendment to our agreement with Dr. Carole Talan to serve as project coordinator for our federally funded Adult Literacy Project increasing the monthly cost from $2,100 to $2,500. The project workload is greater than anticipated at onset. It was expected that Dr. Talan would have three volunteers to assist her in coordinating the tutor- student assignments, arrange tutor schedules, etc. Although we have had much success in recruiting volunteer tutors, we have been unable to recruit volunteers for this more demanding on-going help in coordinating, etc. As a result Dr. Talan has been spending 50-60 hours per week on the project without additional compensa- tion. In this time she is only able to concentrate on priority tasks. Dr. Talan is now conducting tutor-training courses, which if done outside as originally planned would cost $325 each. There will be at least three of these tutor-training courses within the next few months. There are sufficient funds in the current budget to cover these additional expenses. All funds are federal and have been received and deposited with the County Treasurer. JJP:mg cc: D. Headley RECEIVED JUN N �� J. R. OLSSON CL BOARD OF S ERVISORS T B ... e u TO: BOARD OF SUP6ISORS FROM: Ernest Siegel , County Librarian Contra Costa DATE: February 21 , 1984 @ County SUBJECT: Approval of Contract with Carole S. Talan 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 Carole S. Talan for con- sulting 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. I i I t jCONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION O BOARD COMMITXfE APPROVE 1 OTHER SIGNATURE(S) L'(� ACTION OF BOARD ON APPROVED AS RECOMMENDED 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 SUPERVISORRSj ON THE DATE SHOWN. G� CC: County Administrator ATTESTED T, E2/� Z Auditor-Controller J.R. OLSSON, COU TY CLERK Contractor /via Library AND EX OFFICIO CLERK OF THE BOARD Library Maes/� 6a �3 BY DEPUTY `(Purch-ase of Service.:) Contract Identification. ,M 0epartTu,ent : County I_ibrarT, Subject : Adult Literacy; Project Parties , the Count} of Contra Costa, California (County) , for its ;'apartnent named above, and the following named Contractor mutually agree and uron,:ise as follows : Contractor : Dr. Carole S. Talan Capacity : Individual Address : 912 Mohr Lane, Concord, CA 9451E FEB 2 11984 Te.rrr: - The effective date of this Contract is _ and it ,,erminat_s 12/31/84 unless sooner terminated as provided herein . 4 . zlyj ent ,Limit. County' s total payments to Contractor under this Contract shall not exceed S 26,000 County ' s Obligations . County shall make to the Contractor those payments "'escribed 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 wort: described in the Service Plan attached hereto which is J.nccrpor. ated herein by reference, subject to all the terms and conditions onta:i-ned or incorporated herein. 7 . General and SI>ecial Conditions . This Contract is subject to the General Condi.t:ions and Special Conditions (if any) attached hereto., which are incorpo- rated herein by reference. S . Project . Thi's Contract implements in whole or in part the following described Froject, the application and approval documents of which are incorporated herein by reference: Project Sec��-!d Change (Adult Literacv IProject) as described in Library Service and Construc-"'--, rant Application. and Letter of Annroval from State Librarian Dated December 15. 1983. 9 . Lez=s1aut - hority. 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. '.D. Sikiiatures . These signatures attest the parties ' agreement hereto : OliivT} OF CONTRA COSTA, CALIFORNIA CONTRACTOR �_- Poard or Supervisors (Designate official capacity) Attest : J .r%. Olsson, County Clerk State of California ) aty County of Contra Costa ) Reco Zended by artment Ij ACKNOWLEDGEMENT (CC 1190 . 1) / The person signing above for Contractor, Ey I/ known to me in those individual and sig ee business capacities , personally appeared before me today and acknowled.ge that he/ Form App:: ved : they signed it and that the corporation executed this instrument pursuant to its - byJ., or a resolution of its board of - directors. OF VCiA tL EDIT, t Notary Public E �}� 80 `t`���"vb/ �ti .il.,,CJ3ii.om" I'f J)t.ItC-'d: Concra Costa County Stapdard Form PAYMENT PROVISIONS (Fee Basis Contracts) 1 . Pa menl Amounts . Sub ect 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, b,i 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 l . , (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 -,:.,ithin, 30 days of demand by County the fu' l -:nou::t of the County ' Liability , if 'any, to the State and/or Federal government resuicing 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 _ S Contractor 'County Dept . (6-4-80) I i I SERVICE PLAN The Contra Costa County Library proposes to develop a coalition with eight local organizations to expand existing literacy programs and develop now 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 pr,ram, 'to work viith 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 he 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 cousunity 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, Nest and Central County for teaching materials, reading materials for new adult readers, and as training centn7s 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 1934. (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. I 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. Initials: Contractor. Counly Dept. Vnntr:l Costa Couinty i stanctara corm • GE2i1"RAL CO.�llITIONS • (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, employnent and purchasing practices , and wages, hours and conditions of employment . I I 2 . Inspecition. 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. 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 otherwise to recover its damages. c. Cessation of FundinS. Notwithstanding Paragraph S.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- ditions agreed upon by the parties . Except as expressly provided herein, .;O O %=.. ,i?`C� er.: toI .1 , QrC.._. O'_' O- rwIs 3, r^ arc'_:.T1^ iC1P 3L^- P^ U of this Contract shall be deemed to exist or to bind any of the parties hereto . 7 . Further Specifications for Operating Procedures . Detailed speci- fications ofdoperating procedures and budgets required by this Contract, including but not limited to, monitoring , auditing, billing , or regulatory, changes , may The developed and set forth in a written Informal Agreemant 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 enlargr_ in any mauner 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-46].6 REV 16/80) -1- a3 I Contra Costa County Standard Yo: m i . CEN!-.'RAL CONDITIONS (Purchase of Services) S . Nodilications and Amendments_. a . General Amendments. This Contract tray be modified or amended by a written 'document executed by the Contractor and the Contra Costa Count. Board of Supervisors or, after Board approval , by its designee, subject to any required jState or Federal approval. b. (Administrative Amendments . Subject to the Payment Li:zit, 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. 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 accordance 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. 1 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. 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 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 arisia; 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 not enter into subcontracts for any work contemplated under phis 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, partnert:hi.p , joint venture or association. f 1 (A-4616 REV 6/30) -2- i 1 Contra Cost,z County ' Standard Fora CINFRAL COUDITIWIS i (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 rilost 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 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 , or handicap , and that none shall be used , in whole or in part, for religious worship or instruction. 18 . Ir_3emnification . The Contractor shall defend , save harmless and indemnify --- County and its officers , agents and employees from all liar 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 non-owned alitoRCu- mac ,. riith a m:.ni,au Co:A ined sii,u.Le: limic co c=rage of y5i)i), 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. 1?orkers ' Compensation. The Contractor shall provide workers ' compensation insurance coverage for its employees. i (A-4616 RFV 6/ 30) -3- I • Contra Costa County Standard Form GENERAL CONDITIONS ( urchase of Services) I C. Certificate of Insurance. The Contractor shall provide the County with (4) 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 (ies) or acquire either a new insurance pol.ic.y (,ies) or amend the coverage afforded through an endorsement to the policy at any time during the tern 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, 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 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 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 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 of all or 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 requ:i_rQ.r.erts of Revenue & Taxation Code §107 . 6 , and traives all rights to further notice or to damages under that or any comparable statute . i I (A-4616 REV 6/80) -4-