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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 - 2 - 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. — 3 — 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*, 1 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 2 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: G:\OET\EXHIBITC.SOW 3