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HomeMy WebLinkAboutCC Resolution 10901 (Education Resource Center)RESOLUTION NO. 10901 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE MAYOR TO EXECUTE TWO AGREEMENTS REGARDING THE EDUCATION RESOURCE CENTER AT 2955 KERNER BOULEVARD: (A) AGREEMENT WITH THE COUNTY OF MARIN TO COORDINATE ADULT EDUCATION SERVICES AT THE EDUCATION RESOURCE CENTER; BMW (B) COOPERATIVE AGREEMENT WITH THE COLLEGE OF MARIN AND THE COUNTY OF MARIN FOR INSTRUCTIONAL SUPPORT OF THE EDUCATION RESOURCE CENTER 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, the City and County and the College of Marin wish to cooperate in the operation of coordinated adult education services and referrals, particularly for those low income adults who are trying to move from welfare to work. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Rafael hereby authorizes the Mayor to: 1.) Execute an agreement with the County of Marin for funding the operation of the Education Resource Center, attached hereto as Exhibit I; and 2.) Execute an agreement with the College of Marin and the County of Marin for instructional support of the Education Resource Center, attached hereto as Exhibit II. 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 Reaular meeting of the City Council of said City held on Monday. the 20th of Aue'ust. 2001 by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Hel l er, Mi 11 er and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCIL MEMBERS:Phi l l i ps Jean M. Le=ni, �CityClerk ORIGINAL�oA°� Exhibit I 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: PURPOSE. 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. 2. TERM. This Agreement will continue from July 1, 2001 through June 30, 2002, and may be extended thereafter by mutual agreement of the parties. 3. ROLES AND RESPONSIBILITIES OF THE CITY AND COUNTY A. Com. 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 C nittee as provided in this Agreemei nd 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. County. 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 Snace and Equipment. 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 "A", 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 "B" 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. 2 S. 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: Julv 1, 2001 - June 30, 2002 Project Coordinator $ 61,225 Teacher 17,495 Instructional Aide 2,624 Office Assistant 9,058 $ 90,402 Administrative Fee (@10%) 9,040 Total $ 99,442 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. 9. AMENDMENTS, MODIFICATIONS, AND EXTENSIONS. 3 This Agreemei. .aay be amended, modified or exten&_ y 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: Countv: Cid: 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 a IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL ABEIZT J. O, Mayor City of San Rafael ATTEST: h.. MANNE M. LEOII�CINI, City Clerk City M1 COUNTY OF MARIN HAL BROWN, President Marin County Board of Supervisors APPROVED AS TO FORM: PATRICK K. FAULKNER Marin County Counsel .E- P.13 Jan -22-01 09:34A Mav-i" Health & Human Sery Exhibit B Education Resource Center Office Equipment and Furnishings Furnished by County of Marin; 1 Network File Server (includes 2 monitors,/CPU/backup drive 14 Student Computers PC's (CPU/monitor/keyboard combination) 14 Student workstations 1 HP III Laser Printer 12 Student Tables (in lieu of desks) IS Chairs, plastic student 15 Chairs, computer 4 Chairs, desk 2 Desks, teacher I Desk, reception 1 Minolta Photocopier 1 Typewriter, IRNI Correcting Selectric 1 Typing Table 2 Coat trees 8 Modular Room Dividers (panels) 3 Bookcases, metal 4 Bookcases, wood 1 Whiteboard 6 File Cabinets 1 TV/VCR Combination with Stand 50+ Instructional resource materials CI A71'nM 7+7:71 in. c7i1n jho) GL+, ^'1' Exhibit II COOPERATIVE AGREEMENT WITH THE COLLEGE OF MARIN AND THE COUNTY OF MARIN FOR INSTRUCTIONAL SUPPORT OF THE EDUCATION RESOURCE CENTER This Agreement, made and entered into this day of . 2001, by and between the City of San Rafael, a municipal corporation (hereinafter referred to as "City"), the County of Marin (hereinafter referred to as "County"), and the College of Marin (hereinafter referred to as "College"). RECITALS WHEREAS, the City and County have entered into an Agreement for Funding and Operation of Education Resource Center, pursuant to which the City and County will cooperate to provide low income adults, including adults transitioning from welfare to work, in the City of San Rafael and in the County of Marin with adult education services; and WHEREAS, the City and County need professional instructors for instruction of the clients of the Education Resource Center, and the College is willing and able to provide the services of one or more of its instructors for such purpose. AGREEMENT NOW THEREFORE, the parties agree as follows: 1. The College agrees to furnish the services of one or more of its instructors, who will provide instruction to the clients of the Education Resources Center in a curriculum to be agreed upon by the City, County and College. The College agrees that its instructor(s) will provide a minimum of eight (8) hours of instruction per week at the Project's offices, and such counseling hours for the clients as may be mutually agreed upon by the parties, at no cost to City, County or the clients served by the Education Resource Center. The schedule for such instruction and counseling will be mutually agreed upon by the parties. The College agrees that the instructor(s) provided under this Agreement will remain the employees of the College, and that the College will be responsible for paying the instructor's compensation and any applicable benefits, as well as providing appropriate worker's compensation coverage for the instructors. 2. The College also agrees that it will provide, and repair and maintain as necessary, a computer to the Education Resources Center, and any required modem and software, for the purpose of distance counseling service for clients of the Education Resource Center. Title to such computer will remain in the College, and College will be responsible for insuring such computer against any damage due to fire, theft, vandalism or other loss. Upon termination of this Agreement, the College will be responsible for removal of the computer from the Education Resource Center. 3. The City and County _ -,e to cooperate with the College by fu. .3hing sufficiently equipped space at the Project's offices, now located at 2955 Kerner Boulevard in San Rafael, for the College's instructors to provide the aforementioned instruction, together with such supplies, instructional materials, and other support services as the College's instructors reasonably may require for such instruction, including use of the Education Resource Center's computers, software, and photocopy machine. The City and County further agree to provide adequate space at the Education Resources Center and a telephone line for a computer modem as needed for the aforementioned computer to be donated by the College. The City and County also agree to maintain statistics of the number of attendance hours per class as needed for the College's ADA reporting purposes. 4. The term of this Agreement will continue from July 1, 2001 through June 30, 2002, and may be extended thereafter by mutual agreement of the parties. Any party may terminate this Agreement without cause by givingthe other parties thirty (30) days written notice, or for cause upon giving fifteen (15) days written notice to the other parties and the failure of the party who is the object of such termination for cause to cure the cause for termination, within such time period, to the reasonable satisfaction of the party giving such notice. 5. College agrees to indemnify and hold harmless City and County with regard to any claim for personal injury or property damages to persons who are not parties to this Agreement which arises out of the conduct of the instructors provided by the College under this Agreement, except to the extent that such personal injury or property damage is caused by the negligence or intentional acts of the City or County. 6. All notices and other communications required or permitted to be given under this Agreement, including any notice of change of address, shall be in writing and given by personal delivery, or deposited with the United States Postal Service, certified mail, postage prepaid, addressed to the parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as follows: County: County of Marin Marin Employment Connection Attn: Mary Donovan 2980A Kerner Blvd. San Rafael, CA 94901 City: San Rafael Public Library Attn: Barbara Barwood San Rafael Public Library 1100 E Street San Rafael, CA 94901 College: College of Marin Attn: Chris Schultz Dean of Development & Special Services Kentfield, CA 94904 IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL ATTEST: YEANNE M. LEONCINI, City Clerk .orney 3 COUNTY OF MARIN HAL BROWN, President Marin County Board of Supervisors APPROVED AS TO FORM: PATRICK K. FAULKNER Marin County Counsel COLLEGE OF MARIN CHRIS SCHULTZ Dean of Student Development and Special Services