HomeMy WebLinkAboutCC Resolution 9278 (Vocational Training Funds)RESOLUTION NO. 9278
A RESOLUTION AUTHORIZING THE SIGNING OF A
CONTRACT, LEASE OR AGREEMENT
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows:
The MAYOR and CITY CLERK are authorized to execute, on behalf of
the City of San Rafael a contract, lease or agreement with :
County of Marin Office of Employment and Training for $1,334.64 of JTPA
Funds for Vocational Training
a copy of which is hereby attached and by this reference made a part hereof.
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 Tuesday the 3rd
day of January, 1995 by the following vote, to wit:
AYES: COUNCIL MEMBERS: Cohen, Heller and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Zappetini
JEANE M. LEONCINI, CITY CLERK
ORIGINA1 y,a
AGREEMENT
THIS AGREEMENT, made and entered into -this day of ;
19_1 by and between the COUNTY -OF MAA .IN, a political subdivision of
the- State of California, hereinafter referred.to as "County," and,
CITY OF SAN RAFAEL
hereinafter referred to as "Contractor."
W I T N E S S E T H:
In consideration of the mutual promises.and covenants hereinafter
contained, the parties hereto do hereby agree as follows:
1. Contractor shall, in a satisfactory and proper manner as
determined by County, supply all necessary facilities, supplies and
staff required for satisfactory performance of, and shall perform
those certain services described and set forth in the Program
Description attached hereto as Exhibit A and made a part hereof.
2. The parties hereto agree that this Agreement shall not be
construed as creating an employment or agency relationship, but that
Contractor is an independent contractor. In this connection, all
personnel staffing the programs enumerated herein shall be employees
of Contractor or its delegate agencies. It is understood and agreed
that County shall have no direct control of or responsibility for
employees of Contractor or its delegate agencies.
3. In consideration of Contractor operation of the aforesaid
services, County agrees to pay Contractor a sum not to exceed
$ One thousand three hundred and thirty four dollars and 64/100 ($1,334.64)
for the term of this Agreement, said sum to be payable subject to
timely receipt of required quarterly or monthly reports and
Contractor's staffing requirements.
4. Contractor shall submit to County monthly reports of program
activities on all programs funded pursuant to this Agreement.
5. Contractor shall expend the funds in accordance with the
Program Budget attached hereto as Exhibit B and made a part hereof and
shall submit to County quarterly or monthly•financial reports showing
expenditures of the funds payable hereunder on behalf of the various
programs. Quarterly or monthly financial reports must be submitted by
the 10th of the month following the end of report period. Contractor
shall render a final accounting not later than January 31, 1995
Should Contractor's expenditure of County funds hereunder be less than
the amount payable hereunder, Contractor shall return the difference
to County not later than February 28, 1995
6. Contractor agrees that the amount specified in paragraph 3
above shall be reduced by the amount of any funds not specified 'in
Exhibit B received by Contractor from any governmental body or public
or private organization, including the United Way, when such funds are
provided for the purpose of supporting the identical program and level
of service described in the attached Exhibit A. Contractor further
agrees that it shall promptly report the receipt of any such funds to
County.
7. Contractor shall maintain on a current basis complete program
and financial records -and accounts. -Ifo assu_re_proper accounting of the
expenditure of'funds and the performance of services pertaining to
their Agreement. Contractor shall retain said records for three years
after the expiration or termination of this Agreement unless
permission to destroy them is granted im writing by County.
8. Should County wish to do so, it may undertake an independent
audit and/or evaluation of Contractor's records and accounts of
expenditures and program activities at its own expense, and Contractor
agrees to furnish all items necessary in County's discretion to
complete said audit and/or evaluation, subject to restrictions on
confidentiality as may be required by law. Said audit and/or
evaluation may include but shall not be limited to the expenditure or
receipt of program funds, program quality, the number and service
characteristics of Contractor's clientele, and the relationship of
Contractor's services to services provided by other agencies in the
community.
9. Contractor shall, in the performance of this Agreement, comply
with all applicable laws, ordinances, regulations and codes of the
Federal, State and local governments. Contractor shall also abide by
the provisions set forth in the Assurances and Certifications attached
hereto as Exhibit C and made a part hereof.
10. Contractor shall indemnify, defend and hold harmless the
County of Marin, its officers, agents and employees, from any and all
claims, liabilities or causes of action, including contractual claims
for injuries or death to persons, or damage to persons or property ,
arising out of or in connection with the organization, promotion or
operation of any program funded pursuant to this Agreement. In this
connection, Contractor agrees to maintain comprehensive general
liability including personal injury liability and property damage
liability with a combined single limit of $1,000,000, naming the
County of Marin and its officers and employees as additional insureds
during the term of this Agreement. Prior to payment of any or all
claims under this Agreement, Contractor shall provide County with
evidence of said insurance by filing with County and keeping up to
date a certificate by the insurer to the effect that the insurance
required by this Agreement is extended in favor of the County, and
that the County, its officers and employees are named as additional
insureds. Said certificate shall further state the insurance policy
number, the effective dates (both commencement and expiration) of the
policy, the kinds and levels of insurance provided, and that the
policy provides that notice of cancellation, termination, or any
material change in coverage shall be delivered to County thirty (30)
days in advance of. the effective date of such cancellation,
termination or change. In cases where insurer refuses to include such
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a claim, contractor agrees to provide the County 30 days written
notice.
11. This- Agreement, including the Exhibits attached hereto and
made a part hereof, can be amended only by written agreement of the
parties hereto.
12. This Agreement shall continue from -October 9, 1994 _ _ to
January -8, 1995 unless earlier terminated as hereinafter provided.
Either party hereto shall have the right to terminate this Agreement
at any time upon giving the other party hereto at least 30 days'
written notice prior to the effective date of such termination. In
the .event of termination, then County's obligation to Contractor
hereunder shall terminate forthwith, and Contractor will no longer be
obligated to operate said programs, with the exception that
Contractor will still be obligated to provide and/or maintain the
reports and audits provided for in Section 4, 5, 7 and 8.
13. Without prejudice to the foregoing, Contractor agrees that
if, prior to the termination or expiration of this Agreement, it is
determined by County, upon any final or interim audit by County, that
Contractor shall have failed in any way to comply with any
requirements of this Agreement, then Contractor shall forthwith bring
itself into compliance and shall pay to County forthwith whatever sums
are so disclosed to be due to County or shall, at County' -s election,
permit County to deduct such sums from whatever amounts remain not yet
disbursed by County to Contractor pursuant to this or any subsequent
Agreement; or if this Agreement shall have terminated or expired, and
it shall be disclosed upon such audit, or otherwise, that such failure
shall have occurred, the Contractor shall pay to County forthwith
whatever sums are so disclosed to or determined by County to be due to
County. In the event of litigation between County and Contractor
arising out of this Agreement, the prevailing party shall be entitled
to recover its attorney's fees from the other party in such an amount
as may be fixed by the court.
14. The parties hereto agree that failure to submit (quarterly or
monthly) invoices will prejudice the County in that the County will be
unable to comply with mandated monitoring of the expenditure of funds.
The Contractor, therefore, agrees that if financial reports showing
expenditure of funds are not received within ninety (90) days of the
date they are due the County will not be responsible for payment and
Contractor hereby waives any right -to repayment for filing late
reports; provided, however, that if such reports cannot be filed
within ninety (90) days for a cause beyond Contractor's control County
may waive the foregoing provision if such fact or facts are brought to
its attention by Contractor within the ninety—day period.
15. This Agreement shall not be assigned without the prior
approval of the Board of Supervisors of the County of Marin.
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16.. Notice under this Agreement shall be delivered to County in
care of its:
Director
Marin County Office of Employment and Training .
20 North San Pedro Road, Suite 1.022
San Rafael, California -94903 -
and to Contractor at City of San -Rafael
Recreation Department
Box 151560
San Rafael, CA 94915-1560
IN WITNESS WHEREOF, the parties heto have set their hands the
day and year first above written.
COU OF MARIN
By r. .
CONTRACTOR
CITY OF,, SAN REEL
Fed. Tax I . D. # 94-6000424 By /
bert J. 0A0ro; Mayor
ATTEST: 4&..s-
ne .
ne M. Leonc'ni, City Clerk
EXHIBIT A
STATEMENT OF WORK
Contractor will provide vocational training in Early Childhood Education to approximately ten
youth participants in a Job Training Partnership Act program at Pickleweed Community Center
in the Canal Area of San Rafael. This vocational instruction will include 15 hours per week of
directed site work with these participants at the Center in its after school program.
It was originally hoped that Marin County Regional Occupational Program would provide all
instruction for this effort. However, due to funding constraints in the availability of Average
Daily Attendance (ADA) funds, ROP is unable to provide a full academic year of instruction.
Accordingly, JTPA funds may be used for this purpose. The JTPA funded instruction will be
supplanted by ROP beginning January 9, 1995.
TERM OF THE AGREEMENT
October 9, 1994 through January 8, 1995
PAYMENT TERMS
Contractor will be paid in full at the completion of the Agreement.
EXHIBIT B
CITY OF SAN RAFAEL
BUDGET
Vocational training - 166 hours @ $8.04 per hour
including payroll taxes $1,334.64
Exhibit C
ASSURANCES AND CERTIFICATIONS
A. General Assurances
1. The Contractor assures and certifies that:
a. It will comply with the requirements of the Job Training Partnership Act
(JTPA), hereafter referred to as the Act, and with the regulations and
policies promulgated thereunder; and
b. It will comply with Office of Management and Budget Circulars
numbered A-87 and A-102 and A-128, as those circulars relate to
functions such as the utilization of funds, the operation of programs,
and maintenance of records, books, accounts, and other documents
under the Act.
2. The Contractor further assures and certifies that if the regulations
promulgated pursuant to the Act are amended or revised, it will comply with
them.
3. In addition to the requirements of 1 and 2 above and consistent with the
regulations issued pursuant to the Act, the Contractor makes the following
further assurances and certifications:
a. A recipient of federal funds which employs participants under the Act
shall continue to operate or shall establish and maintain a grievance
procedure relating to the terms and conditions of employment (Section
144(b));
b. No individual shall be excluded from participation in, denied the
benefits of, subjected to discrimination under, or denied employment in
the administration of or in connection with any such program because
of race, color, religion, sex, national origin, age, handicap, or political
affiliation or belief (Section 167 (a)(2));
C. Participants shall not be employed on the construction, operation, or
maintenance of so much of any facility as is used or to be used for
sectarian instruction o1r as a place of religious worship
(Section 167 (a)(3));
d. The program will, to the maximum extent feasible, contribute to the
elimination of artificial barriers to employment and occupational
advancement, including opportunities for the disadvantaged*,
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e. Conditions of employment and training shall be appropriate and
reasonable in the light of such factors as the type of work, geographical
region, and proficiency of the participant (Section 143 (a)(1));
f. Health and safety standards established under State and Federal law,
otherwise applicable to working conditions of employees, shall be
equally applicable to working conditions of participants (Section 143
(a)(2));
g. To the extent that a State workers' compensation law is applicable,
workers' compensation benefits in accordance with such law shall be
available with respect to injuries suffered by participants
(Section 143 (a)(3));
h. Funds provided under the Act shall only be used for activities which are
in addition to those which would otherwise be available in the area in
the absence of such funds (Section 141 (b));
No currently employed worker shall be displaced by any participant
(including partial displacement such as a reduction in the hours of non -
overtime work, wages, or employment benefits (Section 143 (b)(1));
No program shall impair existing contracts for services or collective
bargaining agreements unless the employer and the labor_ organization
concur in writing with respect to any elements of the proposed activities
which affect such agreement, or either such party fails to respond to
written notification requesting its concurrence within 30 days of receipt
thereof (Section 143 (b)(2));
k. All programs, to the maximum extent feasible, shall contribute to
occupational development, upward mobility, development of new
careers, and overcoming sex -stereotyping (including procedures which
will lead to skill development and job opportunities for participants in
occupations traditionally limited to the opposite sex) (Section 141
(d)(2));
It will comply with the labor standards requirements set out in
Section 143 of the Act;
M. It will comply with the provisions of the Hatch Act which limit the
political activities of employees. It will comply with the requirement that
no program under the Act shall involve political activities .(Section 141
n. The Contractor will comply with Title VII of the Civil Rights act of 1964,
(Public Law 88-352) and, in accordance with Title I of the Act, no
person in the United States shall on the grounds of race, color, sex, or
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national origin, be excluded from participation in, be denied the benefits
of, or be otherwise subjected to discrimination under any program or
activity for which the Contractor received Federal financial assistance;
programs funded or otherwise financially assisted in whole or in part
under the Job Training Partnership Act are considered to be programs
receiving Federal financial assistance (Section 167 (a)(1));
o. No participant under the Act shall be discriminated against by reason of
citizenship. Participation shall be open to citizens and nationals of the
United States, lawfully admitted permanent resident aliens,lawfully
admitted refugees and parolees, and other individuals authorized by
the Attorney General to work in the United States (Section 167 (a)(5));
p. For the purpose of evaluating and reviewing programs established or
provided for by the Act, the Comptroller General shall have access to
and the right to copy any books, accounts, records, correspondence, or
other documents pertinent to such programs (Section 164(c)(3));
q. The Contractor will comply with Title VI of the Civil Rights Act of 1964
(42 USC 2000d) prohibiting employment discrimination where (1) the
primary purpose of a grant is to provide employment or (2)
discriminatory employment practices will result in unequal treatment of
persons who are or should be benefiting from the grant -aided activity;
r. The Contractor will comply with the prohibitions against discrimination
on the basis of age under the Age Discrimination Act of 1975, on the
basis of handicap under Section 504 of the Rehabilitation Act, on the
basis of sex under Title IX of the Educational Amendments of 1972,
and on the basis of race, color, or national origin under Title VI of the
Civil Rights Act of 1964 (JTPA Section 167 (a)(1));
S. No participant shall be employed or job opening filled when (1) any
other individual is on layoff from the same or any substantially
equivalent job, or (2) the employer has terminated the employment of
any regular employee or otherwise reduced its workforce with the
intention of filling the vacancy so created by hiring a participant whose
wages are subsidized under the Act (Section 143 (b)(3)).
t. The Contractor will comply with Federal requirements regarding
patents, copyrights and rights in data and understands that any
products or intellectual property developed by Contractor with funds
from Federal sources and any income derived from such property shall
become the property of the Federal funding source:
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