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Home My WebLink AboutCC Resolution 10939 (Adult Education Services)RESOLUTION NO. 10939 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE COUNTY OF MARIN TO COORDINATE ADULT EDUCATION SERVICES AT THE EDUCATION RESOURCE CENTER AT 2955 KERNER BOULEVARD, SUPERSEDING FORM OF AGREEMENT APPROVED BY RESOLUTION 10901 WHEREAS, there is a need for increased access to adult education services by low income residents within the City of San Rafael and the County of Marin; and WHEREAS, to meet this need the City Council, in Resolution 10901, previously authorized the Mayor to execute an Agreement with the County of Marin to coordinate adult education services at the Education Resource Center at 2955 Kerner Boulevard; and WHEREAS, the total amount budgeted for expenses for the Education Resource Center has changed from $99,442 to $96,214 necessitating a change in the form of agreement. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Rafael hereby authorizes the Mayor to: Execute an agreement with the County of Marin to coordinate adult education services at the Education Resource Center, attached hereto as "Exhibit A." I, JEANNE M. LEONCINI, Clerk of the City of San Rafael hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a Regular meeting of the City Council of said City held on Monday. the 51h of November. 2001, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEM 3ERS: None Jeanie M. Leoncini, City Clerk Exhibit A AGREEMENT WITH THE COUNTY OF MARIN TO COORDINATE ADULT EDUCATION SERVICES AT THE EDUCATION RESOURCE CENTER This Agreement is made and entered into this _ day of , 2001, by and between the City of San Rafael, a municipal corporation (hereinafter referred to as "City") and the County of Marin (hereinafter referred to as "County"), through the Department of Health and Human Services, Division of Social Services. RECITALS WHEREAS, there is a need for increased access by low income citizens to adult education services within the City and the County; and WHEREAS, City and County desire to cooperate in the operation of coordinated adult education services and referrals, particularly for those low income adults transitioning from welfare to work in the County of Marin. AGREEMENT NOW THEREFORE, the parties agree as follows: Iall .7'Z�7C� The purpose of this Agreement is to establish a Project which will provide low income adults residing in the City of San Rafael and the County of Marin with adult education services and referrals to other agencies furnishing adult services, including but not limited to adults transitioning from welfare to work. 0:u This Agreement will continue from July 1, 2001 through June 30, 2002, and may be extended thereafter by mutual agreement of the parties. ROLES AND RESPONSIBILITIES OF THE CITY AND COUNTY 1. Staff. City will provide a part-time contract employee to serve as a Project Coordinator, under the supervision of City's Literacy Program Directors, as well as one or more part-time contract employees serving as Teacher, Instructional Aide, and Office Manager under the supervision of the Project Coordinator. The Project Coordinator is responsible for the supervision and management of the Project. City is responsible for the hiring, supervision and discipline of the Project Coordinator, Teacher, Instructional Aide and Office Manager. City may seek the advice and input of County and the Advisory Committee as provided in this Agreement, and County may make recommendations to City on the hiring of the Project Coordinator, Teacher, Instructional Aide and Office Manager. City is solely responsible for the withholding or payment of any applicable mandated employment taxes, including but not limited to worker's compensation and social security, for City's employees, agents or contractors. 2. Reports. Books and Records and Information. City will provide County with quarterly financial reports detailing all of City's budgetary expenditure, allocations, and related cost accounting information related to the Project. City will also provide County with quarterly statistical reports regarding client services and referrals. Except where otherwise required by law, City will allow County, upon reasonable notice, to inspect any records in City's possession obtained and or generated in providing services to clients served by the program provided under this Agreement. City will maintain financial records relating to this Agreement. These financial records shall be retained for at least five years from the completion of this Agreement and County may audit these records at its discretion upon reasonable notice. City will provide to County, within a reasonable time following County's request and at County's expense, copies of any of the foregoing financial records in the City's possession. B. Coup 1. Staff. County will provide City the monies necessary to pay for the expenses of the Project Coordinator, Teacher, Instructional Aide and Office Manager in accordance with the Budget set forth hereafter. 2. Office Space and Eauipment. County will provide the Project's office space and facilities leased by the County at 2955 Kerner Boulevard, in San Rafael, as depicted on Exhibit "B", or a comparable space and facilities at such other location within City of San Rafael as may be approved by City. County shall also furnish the Project offices with the computers, software, supplies, and instructional materials identified on Exhibit "C" hereto. 3. Utilities. County will pay for all utilities, including telephone, electricity, water and garbage required at the Project offices. 4. ADVISORY COMMITTEE. A. The parties may establish, as needed, an Advisory Committee, which may provide input and advice concerning policies relating to the operation and management of the Project, and for this purpose the Advisory Committee may meet periodically with other adult education service providers in the county. B. Upon City's request, the Advisory Committee may conduct interviews and make recommendations for the hiring of the Project Coordinator and Instructional Aide by City, and assist the Project Coordinator in seeking funding for continuation or expansion of the Project beyond the term of this Agreement. 5. PROJECT STAFF EMPLOYMENT STATUS. Nothing in this Agreement shall change nor alter the employment status of either party's employees, representatives, agents or contractors. It is expressly understood that in the performance of this Agreement, City and County are separate and independent governmental entities. Each entity is responsible for payment of its own required employee taxes, including but not limited to, all withholdings, social security and worker's compensation. 6. BUDGET AND INVOICING. A. City and County will include their financial obligations under this Agreement in their respective budgetary processes. B. City will invoice County monthly, and County will pay City within 30 days of the invoice dates, for expense of the Project Coordinator, Teacher, Instructional Aide, and Administrative Assistant (including PARS, Medicare Tax, and Worker's Compensation), together with an administrative fee to cover City's indirect overhead costs. The total amount budgeted for these expenses over the term of this Agreement is based on the following: July 1, 2001 - June 30, 2002 Project Coordinator $ 61,225 Teacher 17,184 Office Assistant 9,058 $ 87,467 Administrative Fee (@10%) 8,747 Total $ 96,214 7. LIABILITIES. Except as provided expressly herein, the parties shall share equally in any liability, including but not limited to costs of litigation to third parties that may arise out of this Agreement. The City shall defend and control any litigation arising from liability to third parties, subject to the reasonable consent and authorization of the County. This obligation shall survive termination of this Agreement with respect to any liability that arises before the effective date of termination. 8. APPLICABILITY OF THE CALIFORNIA TORT CLAIMS ACT. Notwithstanding any term or condition of the Agreement, the provisions, and related provisions, of the California Tort Claims Act, Division 3.6 of the Government Code are not waived by City or County and shall apply to any third party claims. 3 9. AMENDMENT,, MODIFICATIONS. AND EXTENSIONS. This Agreement may be amended, modified or extended by written agreement of the parties. No waiver of any Agreement terms shall be effective unless specifically made in writing. 10. TERMINATION. A. Either party may terminate this Agreement without cause upon ninety (90) days written notice mailed or personally delivered to the other party. B. Either party may terminate this Agreement for cause upon sixty (60) days written notice mailed or personally delivered to the other party, and the notified party's failure to cure or correct the cause of the termination to the reasonable satisfaction of the party giving such notice within such sixty (60) day time period. C. Upon receipt of notice of termination, neither party will incur additional obligations under any provision of this Agreement without the prior written consent of the other, provided that the obligations provided under Paragraphs 6 and 7 hereof shall survive any such termination. 11. NOTICES. Any notices provided for herein are necessary to the performance of this Agreement and will be given in writing by personal delivery or by prepaid first-class mail, addressed as follows: Coun : City County of Marin Department of Health and Human Services Attn: Mary Donovan 2020 San Pedro Road San Rafael, CA 94903 San Rafael Public Library Attn: Barbara Barwood 1100 E Street San Rafael, CA 94901 IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL ALBLRT J. PPRO, Mayo City of San Rafael ATTEST: M. EANNE MM. LEONCINI, City Clerk APPROVED AS TO FORM: GARY RAGGHIANTI City Attorney COUNTY OF MARIN t. • - • . HAL BROWN, President Marin County Board of Supervisors APPROVED AS TO FORM: PATRICK K. FAULKNER Marin County Counsel ....... . th x LU , � 3 7 G 1 w r, � o r� I 051-7 S� � 0 G n � T bhp 1 Y 1 \ j < UI OL ----� t 1 W OL glass �-ad An Fx--�t��>r Jan -22-01 o9:34^ Marin Health & Human Sery Exhibit C Education Resource Center Office Equipment and Furnishings FurniPd by Couaty of aria: 1 Network File Server (includes 2 monitors/CPU/backup drive 14 Student Computers PC's (CPUhnonitor/kayboard combination) 14 Student workstations 1 HP III Laser Printer 12 Student Tables (in lieu of desks) 18 Chairs, plastic student 15 Chairs, computer 4 Chairs, desk 2 Desks, teacher I Desk, reception 1 Minolta Photocopier 1 Typewriter,1B_M Correcting Selectric 1 Typing Table 2 Coat trees 8 Modular Room Dividers (panels) 3 Bookcases, metal 4 Bookcases, woad 1 Whiteboard 6 File Cabinets 1 TVIVCR Combination with Stand bQ+ Instructional resource materials P_13