HomeMy WebLinkAboutCC Resolution 10725 (Education Resource Center)RESOLUTION NO. 10725
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AUTHORIZING THE VICE -MAYOR TO EXECUTE AGREEMENTS (FROM
JULY 1, 2000 TO JUNE 30, 200 1) WITH THE COUNTY OF MARIN
AND THE COLLEGE OF MARIN FOR FUNDING, OPERATION AND
INSTRUCTIONAL SUPPORT OF THE EDUCATION RESOURCE CENTER
AT 2955 KERNER BOULEVARD
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 the 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 and
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 Regular meeting of the City Council of said City held on Mondav
the Sixteenth day of October, 2000, by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Miller, Phillips & Vice -Mayor Heller
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Mayor Boro
JeAae'M. Leoncini, City Clerk
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IN RESOURCE CENTER
This Agreement is made and entered into this day of , 2000, 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 To Coordinate Adult
Education Services, 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 have a need for 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 instmctor(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 Resources Center.
ORIGINAL
3. The City and County agree to cooperate with the College by furnishing 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, 2000 through June 30, 2001,
and may be extended thereafter by mutual agreement of the parties. Any party may terminate this
Agreement without cause by giving the 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 parry 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 parry 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
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
4�" W_a�
BARBARA HELLER;-Vice-Mayor
ATTEST:
�M. LEO*C,,"City Clerk
APPROVED AS TO FORM:
GARY T. RAGGHIANTI, City Attorney
COUNTY OF MARIN
STEVEN KINSEY, 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
AGREEMENT TO COORDINATE ADULT EDUCATION SERVICES
This Agreement is made and entered into this _ day of . , 2000, 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:
1. 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, 2000 through June 30, 2001, and may
be extended thereafter by mutual agreement of the parties.
3. ROLES AND RESPONSIBILITIES OF THE CITY AND COUNTY
A. City.
1. Staff. City will provide a part-time contract employee to serve as a
Project Coordinator, under the supervision of City's Literacy Program Director, as well
asone or more part-time contract employees serving as Instructional Aide(s), 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 and Instructional-Aide(s). 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 and Instructional Aide(s). 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. Retorts_ 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 and Instructional Aide in accordance with the
Budget set forth hereafter.
2. Office Space 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 COMNHTTEE.
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.
PROJECT STAFF EMPLOYMENT STATUS.
Nothing in this Agreement shall change nor alter the employment status of either
parry'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 and Instructional Aide(s)
(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 will be as follows:
Julv 1. 2000 - June 30. 2001
Project Coordinator $ 59,444
Instructional Aides 25.476
84,920
Administrative Fee (@10%) 8,492
Total $ 93,412
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.
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:
Countv:
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
BARBARA BELLER, Vice -Mayor
City of San Rafael
ATTEST:
Y'EANNE M. LE NCINI,
City Clerk
APPROVED AS TO FORM:
L 1 � G��
GARY RAGGHIANTI
City Attorney
COUNTY OF MARIN
STEVEN KINSEY, President
Marin County Board of Supervisors
APPROVED AS TO FORM:
PATRICK K. FAULKNER
Marin County Counsel
I 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 PCs (CPU/monitor/keyboard 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
1 Desk, reception
1 Minolta Photocopier
1 Typewriter, IBM 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