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HomeMy WebLinkAboutResolution No. 5674RESOLUTION NO. 5674 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 for the Youth Community Conservation & Improvement Project. a copy of which is hereby attached and by this reference made a part hereof. I, JEANNE M. LEONCINI, City Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a Monday regular meeting of the City Council of said City held on the 7th following vote, to wit: day of May , 19 79 by the AYES: COUNCILMEN: Breiner, Jensen, Miskimen, Nixon and Mayor Mulryan NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None E�LEONCIANI, City Clerk .� yF,t •� li AGREEMEN 1 THIS AGREEMENT, made and entered into this y T� day of 1PIr , i4-7 by and between the COUNTY OF MARIN, a political subdivision of the State o= California, herei nafter' referred to as "County," and City of San Rafael er hereinafter referred to as "Contractor." W I T N E S E 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 sat 15factcry and proper runner as deter- mined by County, supply all necessary facillsles, Supplies anc, stEffj required for :atisicactory performance of, and Shall perform those certain services C25CriC�G End set fort` in the Procram Description cticCheO hEfEtG as. Exhibit A .and made a part hereof. 2. "The parties hereto agree that this Aoreenent shall riot be construed as creating an employment or agency relationship, but that Cori tr.actor is an indeper.denz contractor. In this connection, all personnel stzffinc the programs enumerated herein shall bt employees of Contractor or its eelecG,a aoencies. It is understood and agreed that County shall have ne direct control of or responsibility for ernployees of Contractor or its delegate agencies. j. In consideration of Contractor operation of the aforesaid services, County agrees to pay Contractor a sur. not to exceed $ 7,127.00 _ for the term of this Agreement, said sum to be oa•j-able Subject to timely receipt of required monthly reports and Contractor's staffinq rrejirements. h. Contractor shall submit to County monthly reForts or prca ram activities on all programs funded pursuant to this f;greement. -C:ly C"', 5. Contractor shall expend the funds in accordance with the Program, Budget attached hereto as Exhibit 3 and made a part hereof and shall submit tc COLinty monthly financial reports showing expenditures of the funds payable T .. �-.ubsaitted by the 10th of -he month following end of rep -rt period. Contractor shall render a final accounting not later than 0 cto ber 31, 197 9 . Should 'Cc -tractor's expenditure of County funds hereunder be less than the amount payatle hereunder, Contractor shall return the difference to County not later Z han 30,1279 6. Contractor agrees that the amount specified in paragraph 3 above shall be reduced by the amount of any funds not specified in Exhibit G received b,, Contractor from any governmental body or public or private orcanization, inclu-.'ing the United way, when such funds are provided for the purpose of support- ing the identical program and level of service described in the attached Exhibit A. Contractor further acrees that it shall prDmptly report the receipt of any such funds to County.. , j. Contractor shall maintain on a current basis complete program and financial records and accounts, to assu.re proper cccountirle of the expenditure -of funds and the performance of services pertaining to this hcreer,ent. Cori- tractor snall retain said records for three years after the expiration or ternlnation of this Agreement unless permission to destroy them is granted in v.riting by County. n. Should County +ish 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 Cort ractor &cress to furnish all Items necessary In County's discretion to coj7p1ete sale audit aria/or eva1uatlori , subject to restrictions on confidentiality as r, -ay be required by 1ai,:. ;aid audit and/or evaluation nay include but shall not be limited to the expenditure or receipt of program funds, program quality, the number ar,c service character- istics of Contractor's clientele, and the relationship oT Contractor's services to services provided by other agencies in the community. 9. Contractor shall, in the performance of this r.oreemert, comply with all applicable lc%vfs, ordinance,., regulations and codes of the. Feaeral, 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 -2- injuries or death to persons, or damace to persons or property, arisino out oT or, in connectlo., wi til the oroanization, pro'TY .on or operation of any progrLm funded pursuant to this Agreement. In this connection, Con- tractor agrees to'maintain public liability insurance with' limits of YIUD,G00 per person and $300,000 per accident for bodily injury, and 125,000 for property damage, naming the County of Parin and its officers and e m—p 1 oyees as add i t i ona l insureds during the term of this P.g reerrent. Prior to payment of any or all claims under this tcreement, Contractor ;hall 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, its officers and employees. Said certificate shall further state the insurance policy number, the effective dates (both comiencement and ex- piration) of the policy, the kinds and levels of insurance provided, and that the policy provides that notice of cancellation, termination, or any rnaterizl chance in coveraoe shall be delivered to County ten (10) days in advance cf the effective date of such cancellation, terr,ination or change. 11. This Agreement, including the Exhibits attac'riec hereto and made e part hereof, can be amended only by written agreement of the parties hereto. 1 2. This Agreement shall continue from _ , 124, mM to Secib Sal 77 . unless earlier terminated as hereinafter provided. Either party hereto shall have the right to terminate this Acreer-ent 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, znen County's obli- cation ;e. Contractor hereunder shall terminate forthwith, and Contractor ,41 1 1 no longer be obl i gated to operate sc I d rocrarls , ti th the exception that Contractor will still be obllCated to provide and/cr maintain the reports and audits provided for in Section 4, „ % and 8. 13. without prejudice to the foreoGlnc, Cor,tractcr agrees that if, prior to the termination or expiration of this F,greement, 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 comp1iante and shall pay -3- she 11 , at County's election, permit County to decuct sucn sums -i rezii .•.,e-L�-VCj amounts remain not het ,sbursed by County to Contrac pursuant to this reement; or. if this Agreement shall have terminated .•, ar--. �r�y subsequent Ag , or expired, and it 'shall be disclosed upon such audit, or otherwise, that such fa'ltlre shall have occurred, the Contractor shall pay to County forth - kith w n t. I. C'.1 e V sums are so disclosed to or determined by County to be due to Cour,ty, In the event of 1 ttlOatlon between County and contractor arising ors:. of this Agreement, the prevailing party shall t� er,tltlE.d to recover I is 2ttor r a--ys l ees f ronn the other pa r ty i n such c 1 cr iJUfl t as r ,ay be i i 7:ed by the court. 14, this Agreernent shall not be assigned withcut the prior approval o� the Board of Supervisors of the County.of Marin. Notice under this ,agreement shall be deliverer to County in care of its: and to Contractor, at Director Marin County Office of Employment & Training Civic Center, Room 400 San Rafael, California 94903 61:, B Street c/o Box 60 San R 0-001 I N WITNESS WH-EREDF, the parties hereto have set Li -t i r h�nr'; the dzv and year first above •.:r i tten. COU14 I'N ;(,t-lAIR.A'� OF THS Wk W APPROVED AS TO FORM / CL-3-fxwm-A- . rt 1'; Ahl) A . I)UGCAiv , C f'1' AT7'OI?NI;Y COt: i RACTOR ATTEST : C' of San Rafael nmmun i ry Cenrr�r .7 �1'�tNiM. 1�EOr,CI I CITY CLERK AWRENCE E. MULRYAN, Mayor Exhibit A Program Description City of San Rafael Community Center A. Description of Project: The contractor will operate a project which will allow each YCCIP Recreation Leader Trainee the opportunity to become .ami 1 iar with a day care center pi -ograrn as wel l as the teen drop-in program and special event activities. The Project wi i l employ: Three (3) Recreation Leader Trainees - 30-40 hours per week The Project will encompass: Four (4) Middle Schools and Two (2) High Schools in San Rafael The Project will have a duration of: Sir. (6) months 8. Statement of Training: The project will provide training to help youth leaders become more proficient in relating to and understanding youth, and to devise strategies for using facilities to meet the needs of youth. The time frame allows for a two week familiarization and introduc- tion. Within the 1st month the individual should begin to feel comfortable at the program site, including the record keeping process. The remaining program period will be devoted to project objectives, activities specifically relatirigto the Teen Drop-in Center and Day Care Projects. C. Statement of Supervision: The San Rafael Recreation Department will provide a Recreation Aide/Teen Program Coordinator full time and three Recreation Leaders Il part-time,,the_Recreation Leader 11 will supervise the trainees on a one to one basis (I:1). Exhibit B Program Budget City of San Rafael 1. Wage & Fringe of Participants: Three (3) Recreation Leader Trainees 7,127.00 2, Administrative Costs: 0 3, gage & Fringe of Work -site Supervisors: 4 4, Training Costs: Q Materials, Supplies & Equipment: 0 G, Supportive Services: 0 Total Project Costs: $ 7,127.00 cnM15ii � ASSURANCES AND CERTIFICAT40NS A. "General Assurances 1. The Contractor assures and certifies that:' , a. It wi11.'comply"with the requirements -of the Comprehensive Employment and Training Act (CETA) Amendment:of 1978, hereinafter referred to as the Act, and.with the regulations and 'policies promulgated there - .under; and b. It will comply with Youth Employment and Demonstrations Project Act of 1977 and the regulations of 29 CFR 97-601 - 97-631; and C. It will comply with OMB Circular number A-95 and Federal Management - C i rcu l a rs, (FttiC) . 74-4 and 74-7,* es those circulars rel ate to functions such as the utilization of funds, the operations of programs, and maintenance df records, books, accounts, and other documents' under the Act. - 2. The Contractor further assures and certifies that if the regulations pro- mulgated pursuant to the Act are amended or revised, it shall comply with t hem. 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. The recipient shall continue to operate or shall establish and maintain a grievance procedure relating to the terms and conditions of -employment. (Section 106(a) (2)) b. No person with responsibilities in.the operation of any program under the Act will discriminate with respect to any program participant or any application for participation in'such program because of race, creed, color,' national .origin, sex, age, political affiliation or beliefs. (Section 121 (a) (1)) 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 or as a place for religious worship. (Section 121 (a) (2) ) 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. (Sections 121(a)(4) (4) and 122(b) (1) (A)) 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 121(d)(1)) f. Appropriate health, safety and other standards for work and training shall he establish.ed and maintained. (Section 121(d)(2)) g. Appropriate workers.' compensation or equivalent protection shall be pro- vided to all -participants. (Secti.on 121(d)(5)) h. The program shall result in an increase in employment and training oppor- tunities over those opportunities which would otherwise be available. CSecti•on 121(e)(1)) i,.. No currently employed worker shall be displaced by any participant (Jncluding partial'di.splacement such as a reduction in the hours of nonoverti.me work, wages., or employment benefits). (Section 121(e)(2)) �. No program shall impair existing contracts for services. (Section 121(e)(3)) k. All programs, to the -maximum extent feasible, shall contribute to occupa- tional 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 tradi- ti.onally limited to the apposite sex). (Section 121(f)(1)) 1. Training and related services will, to the extent practicable, be consistent w:i.th. every individual's fullest capabilities and lead to employment opportuni.ti.es which will enable participants to become economically self- suff i.ci.ent. (Sect ion 121 (.f) (.3) ) M. To the extent feasible, public service jobs shall be provided in occupa- tional fields which are most likdly to expand within the public or pri- vate sector. (Section 121 (f) (,4)) n. No program shall substitute funds under this Act for other funds in connec- tion with work that would otherwise be performed. (Section 121(g)(1)(A)) o. Jobs shall be created that are in addition to those that would be funded in the absence of assistance under this Act. (Section 121(g)(1)(6)) p. Recipients of funds under this Act shall assure against program abuses including, but not limited to, nepotism; conflicts -of -interest; the charging of fees in connection with participation in the program; excessive or unreasonable legal fees; the improper commingling of funds under the Act with funds received from other sources; the failure to keep and maintain sufficient, auditable, or otherwise adequate records; kickbacks; political patronage; violations of applicable child labor laws; the use of funds for political, religious, anti -religious, unionization, or antiunionization activities; the use of funds for lobbying local, State, or Federal legis- lators; and the use of funds for activities which are not'directly related to the proper operation of the program. (Section 123(g)) q. it will comply with the labor standards requirements set out in section 125 of'the Act. -2- r. It will comply with the provisions of the Hatch Act which limit the political'activity of employees. It will comply with the requirement that no program under the Act shall involve political activities. (Section 13 s. The Contractor will comply with Title VII of the Civil Rights Act of 1964, (P.L. 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 national origin, be excluded from the participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the applicant received Federal financial assistance and will immediately take any measures necessary to effectuate this agreement. (Section 132(a)) t. No participant under this 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, and lawfully admitted refugees and parolees. U. It will give the Department of Labor and the Comptroller General through any authorized representative the access to and the right to examine all records, books, papers, or documents related to the Agreement. (Section 133) V. 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 employ- ment practices will result in unequal treatment of persons who are or should be benefiting from the grant -aided activity. W. It will comply with the requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (P.L. 91-646) which provides for fair and equitable treatment of persons displaced as a result of Federal and Federally -assisted programs. X. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. y. No funds made available under the.Act shall be used for lobbying activities' in violation of 18 USCA 1913. Z. For contracts and subcontracts in excess of $100,000 or where the contracting officer has determined that orders under an indefinite quantity contract or subcontract in any year will exceed $100,000 or if a facility to be used has been the subject of a conviction under the Clean Air Act (42 U.S.C. 18570-13(c)(0) or the Federal Water Pollution Control Act (33 U.S.C. 1319 (C)) and is listed by the •Environmental Protection Agency (EPA) or is not otherwise exempt, the Contractor assures that: (1) no facility to be utilized in the performance of the proposed contract has been listed on the EPA List of Violating Facilities; (2) it will notify the RA, prior to award, of the receipt of any communication from the Director, Office of Federal Activities, U.S. Environmental Protection Agency, indicating that a facility to be utilized for the grant is under consideration to be listed on the EPA List of Violating Facilities; and (3) it will include substantially this assurance, including this third part, in every non-exempt contract, or subcontract. -3- B. Additional Assurances Relating to the' Youth Community Conservation and Improvement Projects For YCCIP activity, the Contractor further•assures and certifies that: 1. There will be an adequate number of supervisory personnel on the project and that the supervisory personnel are adequately trained in skills needed to•carry out the project and can instruct participating eligible youths in skills needed to carry out a project (section 335 (b) (3)) . 2. Any income generated by the project will be applied toward the cost. - of the project (s-ection'335(b)(4)). 3. It will acquire such space, supplies', materials,*and equipment as necessary, including reasonable payment for the purchase of rental thereof (section 335(b)(5)) - 4. 35(b)(5)). 4. To the maximum extent feasible, projects carried out under this subpart shall be labor intensive (section 335(b)(6)). 5.- Projects will'be conducted in such a manner as to permit eligible youths employed in the project who are in'school to coordinate their jobs with classroom instruction and, to the extent feasible, to permit such eligible youths to receive credit from the appropriate educational agency, post -secondary institution, or.particular school involved (sect ion 337 (b) (2)) 6. Rates of pay for youth participating in YCCIP shall be no less than the higher of: a. The minimum wage under section 6(a)(1) of the Fair Labor Standards Act of 1938, but in -the case,of an individual who is'14 or 15 years old, the wage provided in accordance with the provisions of subsection (b) of section 14 of the Fair Labor Standards Act of .1938 (section 352(1))• b. The State or local minimum wage for the most nearly comparable employment, but in the case of an individual who is 14 or 15 years old, the wage provided in accordance with the applicable State or local minimum wage law (section 352(2)), or; c. The prevailing rates of pay, if any, for occupations and job classifications of individuals employed by the same employer (section 352(3)). d. In the case of projects in which the provisions of the Davis -Bacon Act (or any Federal law containing labor standards in accordance with,_ the Davis -Bacon Act) otherwise apply, the Secretary is authorized, for project's financed under subparts 2 and 3 of this part under $5,000, to prescribe rates of pay for youth participants which are not less than the applicable minimum wage but not more than the wage rate of 'the entering apprentice in the most nearly comparable apprenticeable trade and to prescribe the appropriate ratio of journeymen to such participating youths (section 352(3)(d)). 7. It will result in an increase in employment opportunities over those opportunities which would otherwise be available (section 353(b)(1)). 8. It will not result in the displacement of currently employed workers (including partial.displacement such as reduction in the hours of non -overtime work or wages or employment benefits) (section 353(b)(2))• A�Surances and Cert ifica:=:',ns -5- 9. It will not impair existing contracts for services or result in the substitution of Federal or other funds in connection with work that would -otherwise be performed (section 353(b)(3)). 10. It will not substitute jobs assisted under this part for existing Federally assisted jobs (section 353(b)(4)). 11. It will not employ any youth when any other person is on layoff by - the employer from the same or any substantially equivalent job -in the same area (sect ion 353 (b) (5)) . 12. It will not be used to employ any person to fill a job opening created by the act of an employer in laying off or terminating employment of any regular employee, or otherwise reducing the regular work force not supported under this part, in anticipation of filling the vacancy so created by hiring a youth to be supported under this part (section 353 (b) (6) ) . . 13. The jobs im each promotional line will in no way infringe upon the promotional opportunities which would otherwise be available to persons currently employed in public services not subsidized under this Act and no job will be filled in other than an entry level position in each promotional line until applicable personnel procedures and collective bargaining agreements have been complied with (section 353'(0)) . 14. Where appropriate, it will maintain or provide linkages with upgrading and other employment and training programs for the purpose of (1) providing those persons employed in Youth Community Conservation .projects who want to pursue work with the employer, in the same or similar work, with opportunities to do so, and to find permanent, upwardly mobile careers in that field and (2) providing those persons so employed who do not wish to pursue permanent careers in such fields with opportunities to seek, prepare for and obtain work in other fields. 15. Funds under this part shall not be used to provide full-time employment opportunities (1) for any person who has not attained the age with respect to which the requirement of compulsory education ceases to apply under the laws of the state in which such individual resides except (a) during periods when school is not in session, and (b) where such employment is undertaken in cooperation with school related programs awarding academic credit for the work experience, or (2) for any person who has not attained a high school degree or its equivalent if it is determined, in accordance with procedures established by the Secretary of Labor, that there is substantial evidence that such person left school in order to participate in any program under this part (section 353(f)). 16. Where job restructuring will occur or where new job classifications will be developed, these will not be done in order to negate established personnel procedures, or to displace currently employed workers. -Assurances and Certi f icy =::­'bns' Appropriate efforts shall be made to insure that youths participating in projects and activities under subparts 2 and 3 of this part shall be youths who are experiencing severe difficulties in obtaining employment.including, but not limited to, those who lack credentials (such as high school diploma), those who require substantial basic and remedial skill development, those who are women and minorities, . those who are veterans of military service, those who are offenders,*. those who are handicapped, those with dependents or those who have otherwise demonstrated special need as determined by the Secretary (section 354(a)). 17. 18. 'Assure that any person hired to supervise youth, under this subpart will not impede the promotional rights of existing employees; and 19. Assure that local labor organizations who represent employees engaged in work similar to that proposed to be performed under this subpart are -notified in writing of all wage rate and job classification changes.