Loading...
HomeMy WebLinkAboutCC Resolution 10521 (Education Resource Center)RESOLUTION NO .10521 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE MAYOR TO EXECUTE AGREEMENTS 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 "A': 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 `B" 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 First day of November, 1999, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEM 3ERS: None ABSENT: COUNCILMEMBERS: None Jeanne M. Leoncini, City Clerk DRIG SAL `oe'a EXHIBIT A COOPERATIVE AGREEMENT FOR FUNDING AND OPERATION OF THE EDUCATION RESOURCE CENTER This agreement, made and entered into this 1 St day of November . 1999, 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"). RECITALS WHEREAS, there is a need for increased access to adult education services by low income citizens within the City and County; WHEREAS, the City and County desire to cooperate in the operation of coordinated adult education services and referrals, particularly for those low income adults who are trying to go from welfare to work in the County of Marin. AGREEMENT NOW THEREFORE, the parties agree as follows: 110raftalleiv The purpose of this Agreement is to establish a Project to be known as the Education Resource Center which will provide low income adults in the City and in the County of Marin with adult education services and with referrals to other agencies furnishing such adult education services, including but not limited to such adults trying to go from welfare to work. 2. ROLES AND RESPONSIBILITIES OF THE CITY AND COUNTY. A. Ci1y. The City will be responsible for providing a part-time contract employee who shall serve as Project Coordinator, under the supervision of the City's Literacy Program Director, and a part-time contract employee who shall serve as an Instructional Aide, under the supervision of the Project Coordinator. The Project Coordinator will be responsible for the supervision and management of the Project. The City will be responsible for the hiring, supervision and discipline of the Project Coordinator and Instructional Aide. The City may seek the advice and input of the County and Advisory Committee as provided hereafter. The City will provide County with quarterly financial reports detailing all of the City's budgetary expenditures, allocations, and related cost accounting information related to the Project. The City also will provide County with quarterly statistical reports regarding client services and referrals. B. Countv. The County will provide the monies to the City that are necessary to pay for the expenses of the Project Coordinator and Instructional Aide in accordance with the Budget set forth hereafter. The County also will provide as the Project's offices the office space and facilities currently beingleased by the County at 2955 Kerner Boulevard, in San Rafael, as depicted on Exhibit "A", or shall provide comparable space and facilities at such other location within the City of San Rafael as may be approved by the City. The County also will pay for all utilities, including telephone, electricity, water and garbagerequired at such Project offices, and shall furnish the Project offices with such computers, software, supplies, and instructional materials as are identified on Exhibit `B" hereto. The County may make recommendations to the City on the hiring of the Project Coordinator and Instructional Aide. 2. TERM. This Agreement will continue from November 1, 1999 through June 30, 2000, and may be extended thereafter by mutual agreement of the parties. 3. 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 the City, and assist the Project Coordinator in seeking funding for continuation or expansion of the Project beyond the term of this Agreement. 4. BUDGET AND INVOICING. A. The City and County will include their financial obligations under this Agreement in their respective budgetary processes. B. The City will invoice the County monthly, and County will pay the City within 30 days of the invoice dates, for expense of the Project Coordinator and Instructional Aide (including PARS, Medicare Tax, and Worker's Compensation), together with an administrative fee to cover the City's indirect overhead costs, and a charge for the services of Literacy Program Director. The total budgeted amount for these expenses over the term of this Agreements will be as follows: November 1. 1999 — June 30, 2000 Project Coordinator $ 38,955 Instructional Aide(s) 16.695 55,650 Administrative Fee (@10%) 5,565 Literacy Program Director 552 Total $ 61,767 0 5. LIABILITIES. Except as provided expressly herein, the parties will share equally in any liability to third parties that may arise out of this Project. This obligation shall survive termination of this Agreement with respect to any liability that arises before the effective date of the termination. 6. 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. 7. NOTICES. 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: Countv: County of Marin Marin Employment Connection Attn: Mary Donovan 2980A Kerner Blvd. San Rafael, CA 94901 San Rafael Public Library Attn: Barbara Barwood San Rafael Public Library 1100 E Street San Rafael, CA 94901 3 IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL ALTME*BO$,iayor ATTEST: JEAWE M. LEONCINI, City Clerk APPROVED AS TO FORM: GARY T. RAGGHIANTI, City Attorney 4 COUNTY OF MARIN Steve Kinsey , President Marin County Board of Supervisors APPROVED AS TO FORM: APAT . FAULKNER Marin ty Counsel f s trJ a • »5l 0. 0 In 0 r, n "1 f �1 X-��iS�p�'' • �, (YI � I I--�� � �i I 0 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) 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 EX�---HoRiT Q COOPERATIVE AGREEMENT FOR INSTRUCTIONAL SUPPORT OF EDUCATION RESOURCE CENTER This Agreement, made and entered into this l5t day of November , 1999, 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 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 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 Resources Center. 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 November 1, 1999 through June 30, 2000, 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 givingfifteen (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 ALBE J. BO , Mayor ATTEST: JETE M. LEONC�M, City Clerk APPROVED AS TO FORM: :. G 7�-- GARY T. RAGGHIANTI, City Attorney 3 CO MARIN i Steve Kinsey President Marin County Board of Supervisors AS TO FORM: PATRICK FAULK Marin Co ty Counsel COLLEGE OF MARIN XSCHULTZ Dean of Student Development and Special Services COOPERATIVE AGREEMENT FOR FUNDING AND OPERATION OF THE EDUCATION RESOURCE CENTER This agreement, made and entered into this 1St day of November , 1999, by and between the City of San Rafael, a municipal corporation (hereinafter referred to as "City") and the County of Mann(hereinafter referred to as "County"). RECITALS WHEREAS, there is a, need for increased access to adult education services by low income citizens within the City and County; WHEREAS, the City and County desire to cooperate in the operation of coordinated adult education services and referrals,�particularly for those low income adults who are trying to go 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 to be known as the Education Resource Center which will provide low income adults in the City and in the County of Marin with adult education services and with referrals to other agencies furnishing such adult education services, including but not limited to such adults trying to go from welfare to work. 2. ROLES AND RESPONSIBILITIES OF THE CITY AND COUNTY. A. City. The City will be responsible for providing a part-time contract employee who shall serve as Project Coordinator, under the supervision of the City's Literacy Program Director, and a part-time contract employee who shall serve as an Instructional Aide, under the supervision of the Project Coordinator. The Project Coordinator will be responsible for the supervision and management of the Project. The City will be responsible for the hiring, supervision and discipline of the Project Coordinator and Instructional Aide. The City may seek the advice and input of the County and Advisory Committee as provided hereafter. The City will provide County with quarterly financial reports detailing all of the City's budgetary expenditures, allocations, and related cost accounting information related to the Project. The City also will provide County with quarterly statistical reports regarding client services and referrals. B. Countv. The County will provide the monies to the City that are necessary to pay for the costs of the Project Coordinator and Instructional Aide in accordance with the Budget 4J r RAIL-�Ort 14 set forth hereafter. The Lounty also will provide as the Project's offices the office space and facilities currently being leased by the County at 2955 Kerner Boulevard, in San Rafael, as depicted on Exhibit "A", or shall provide comparable space and facilities at such other location within the City of San Rafael as may be approved by the City. The County also will pay for all utilities, including telephone, electricity, water and garbagerequired at such Project offices, and shall furnish the Project offices with such computers, software, supplies, and instructional materials as are identified on Exhibit `B" hereto. The County may make recommendations to the City on the hiring of the Project Coordinator and Instructional Aide. 3. TERM. This Agreement will continue from November 1, 1999 through June 30, 2000, and may be extended thereafter by mutual agreement of the parties. 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 the City, and assist the Project Coordinator in seeking funding for continuation or expansion of the Project beyond the term of this Agreement. 5. BUDGET AND INVOICING. A. The City and County will include their financial obligations under this Agreement in their respective budgetary processes. B. The City will invoice the County monthly, and County will pay the City within 30 days of the invoice dates, for expense of the Project Coordinator and Instructional Aide (includingPARS, Medicare Tax, and Worker's Compensation), together with an administrative fee to cover the City's indirect overhead costs, and a charge for the services of Literacy Program Director. The total budgeted amount for these expenses over the term of this Agreements will be as follows: November 1. 1999 — June 30. 2000 Project Coordinator $ 38,955 Instructional Aide(s) 16.695 55,650 Administrative Fee (@10%) 5,565 Literacy Program Director 552 Total $ 61,767 2 FXl'.i6it la 6. LIABILITIES. Except as provided expressly herein, the parties will share equally in any liability to third parties that may arise out of this Project. This obligation shall survive termination of this Agreement with respect to any liability that arises before the effective date of the termination. 7. 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. 8. NOTICES. 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 San Rafael Public Library Attn: Barbara Barwood San Rafael Public Library 1100 E Street San Rafael, CA 94901 3 I IN WITNESS WHEREOF,the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL QA BF/kT J. B((O, Mayor ATTEST: JE M. LEONCENL City Clerk APPROVED AS TO FORM: GARY T. RAGGHIANTI, City Attorney 2 COUNTY OF MARIN ANNETTE ROSE, President Marin County Board of Supervisors APPROVED AS TO FORM: PATRICK K. FAULKNER Marin County Counsel COOPERATIVE AGREEMENT FOR INSTRUCTIONAL SUPPORT OF EDUCATION RESOURCE CENTER This Agreement, made and entered into this l st day of November , 1999, 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"Y:. 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 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 folows: 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 Centcr. 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. 111'� 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 November 1, 1999 through June 30, 2000, 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 givingfifteen (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 / , 4, -Acl—%� ALBERT J. BORO, Mayou ATTEST: ARNNE M. LEO�Ci APPROVED AS TO FORM: GARY T. RAGGHIANTI, City Attorney COUNTY OF MARIN ANNETTE ROSE, President Marin County Board of Supervisors APPROVED AS TO FORM: PATRICK K. FAULKNER Marin County Counsel COLLEGE OF MARIN CHRIS SCHULTZ Dean of Student Develo nt and Special Services -F- /4Ibif -E COOPERATIVE _,GREEMENT FOR FUNDING ANt_ OPERATION OF ij ? " uT A THE EDUCATION RESOURCE CENTER This agreement, made and entered into this 1St day of November . 1999, 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"). RECITALS WHEREAS, there is a need for increased access to adult education services by low income citizens within the City and County; WHEREAS, the City and County desire to cooperate in the operation of coordinated adult education services and referrals, particularly for those low income adults who are trying to go 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 to be known as the Education Resource Center which will provide low income adults in the City and in the County of Marin with adult education services and with referrals to other agencies furnishing such adult education services, including but not limited to such adults trying to go from welfare to work. 2. ROLES AND RESPONSIBILITIES OF THE CITY AND COUNTY, A. City. The City will be responsible for providing a part-time contract employee who shall serve as Project Coordinator, under the supervision of the City's Literacy Program Director, and a part-time contract employee who shall serve as an Instructional Aide, under the supervision of the Project Coordinator. The Project Coordinator will be responsible for the supervision and management of the Project. The City will be responsible for the hiring, supervision and discipline of the Project Coordinator and Instructional Aide. The City may seek the advice and input of the County and Advisory Committee as provided hereafter. The City will provide County with quarterly financial reports detailing all of the City's budgetary expenditures, allocations, and related cost accounting information related to the Project. The City also will provide County with quarterly statistical reports regarding client services and referrals. B. County. The County will provide the monies to the City that are necessary to pay for the expenses of the Project Coordinator and Instructional Aide in accordance with the copy -�� Budget set forth hereafter. The County also will provide as the Project's offices the office space and facilities currently being leased by the County at 2955 Kerner Boulevard, in San Rafael, as depicted on Exhibit "A", or shall provide comparable space and facilities at such other location within the City of San Rafael as may be approved by the City. The County also will pay for all utilities, including telephone, electricity, water and garbagerequired at such Project offices, and shall furnish the Project offices with such computers, software, supplies, and instructional materials as are identified on Exhibit `B" hereto. The County may make recommendations to the City on the hiring of the Project Coordinator and Instructional Aide. 2. TERM. This Agreement will continue from November 1, 1999 through June 30, 2000, and may be extended thereafter by mutual agreement of the parties. 3. 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 the City, and assist the Project Coordinator in seeking funding for continuation or expansion of the Project beyond the term of this Agreement. 4. BUDGET AND INVOICING. A. The City and County will include their financial obligations under this Agreement in their respective budgetary processes. B. The City will invoice the County monthly, and County will pay the City within 30 days of the invoice dates, for expense of the Project Coordinator and Instructional Aide (including PARS, Medicare Tax, and Worker's Compensation), together with an administrative fee to cover the City's indirect overhead costs, and a charge for the services of Literacy Program Director. The total budgeted amount for these expenses over the term of this Agreements will be as follows: November 1. 1999 — June 30. 2000 Project Coordinator $ 38,955 Instructional Aide(s) 16.695 55,650 Administrative Fee (@10%) 5,565 Literacy Program Director 552 Total $ 61,767 2 5. LIABILITIES. Except as provided expressly herein, the parties will share equally in any liability to third parties that may arise out of this Project. This obligation shall survive termination of this Agreement with respect to any liability that arises before the effective date of the termination. 6. 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 parry 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. 7. NOTICES. 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: Countv: County of Marin Marin Employment Connection Attn: Mary Donovan 2980A Kerner Blvd. San Rafael, CA 94901 San Rafael Public Library Attn: Barbara Barwood San Rafael Public Library 1100 E Street San Rafael, CA 94901 3 IN WITNESS WHEREOF,the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL t ATTEST: Al JEAWE M. LEONCINI, City Clerk APPROVED AS TO FORM: E� -)� A-.,- A ��- GARY T. RAGGHIANTI, City Attorney 4 COUNTY OF MARIN Steve Kinsey , president Marin County Board of Supervisors APPROVED AS TO FORM: PATK .FAULKNER Marin ty Counsel 3 lam--- I (v J I H I Ul bhp ---- T 9� J J Y I cr- 1 u' 0 t�J G ct (D rn 0 -- -- - -- --� -, ft rt� n Y I cr- 1 u' 0 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) 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 COOPERATIVE AGREEMENT FOR INSTRUCTIONAL SUPPORT OF EDUCATION RESOURCE CENTER This Agreement, made and entered into this 1" day of November , 1999, 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 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 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 Resources Center. 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 November 1, 1999 through June 30, 2000, 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 2 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 AB6ERt J. BO , Mayor ATTEST: jEARNE M. LEONCINI, City Clerk APPROVED AS TO FORM: :. Grp GARY T. RAGGHIANTI, City Attorney 3 CO MARIN Steve Kinsey President Marin County Board of Supervisors AS TO FORM: PATRICKFAULK Marin Co tv Counsel COLLEGE OF MARIN XFR-ISULTZ Dean of Student Development and Special Services