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HomeMy WebLinkAboutCC Resolution 10918 (Literacy in Corrections Coalition Project)RESOLUTION NO. 10918 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT IN THE AMOUNT OF $50,000 WITH CONSULTANT, STEVEN GREENBERG, TO EVALUATE THE LITERACYIN CORRECTIONS COALITION PROJECT (Effective 9/5/01 and ending 6/30/02, with a 3 month extension if there is agreement between both parties) WHEREAS, The Marin Literacy Program, the Alameda County Library Jail Tutoring Program, the Santa Clara Library Reading Program, and the San Francisco Sheriff's Department have received grants from the Richard and Rhoda Goldman Fund to participate in an initiative to support literacy programs in correctional institutions that is called the Literacy in Corrections Coalition Project; and WI IEREAS, The Richard and Rhoda Goldman Fund and the four agencies participating in the Literacy in Corrections Coalition Project wish to evaluate the impact of this literacy initiative on the incarcerated clients served by the four participating agencies; and NVIIEREAS, The Richard and Rhoda Goldman Fund has agreed to fund a study in the amount of $50,000 to evaluate the impact of the Literacy in Corrections Coalition Project on the incarcerated clients served by the four participating agencies; and WHEREAS, The four agencies participating in the Literacy in Corrections Coalition have developed goals, objectives, and desired outcomes for such an evaluation study; and Wl IEREAS, The four agencies participating in the Literacy in Corrections Coalition have gone through a selection process in which they have evaluated the experience and qualifications of consultants to conduct an evaluation study; and Nrv'IIERAS, Steven Greenberg was deemed the most qualified of the consultants who applied for this consulting contract. NOW, THEREFORE, BE IT RESOLVED that City Council of the City of San Rafael hereby authorizes the Mayor to execute an agreement with consultant, Steven Greenberg, to evaluate the Literacy in Corrections Coalition Project. 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 Regular meeting of the City Council of said City held on Tuesday the Fourth day of September 2001 by the following vote to wit: AYES: COUNCILMEMBERS: Cohen, Ilel l er, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS : None ABSENT: COUNCILMEMBERS : None JEhRN M LEONCINI, City Clerk CONTRACT AGREEM ENT FOR LITERACY IN CORRECTIONS COALITION PROJECT EVALUATOR This Agreement is made and entered into this 4th day of SEPTEMBER, 2001, by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and STEVEN GREENBERG (hereinafter "CONTRACTOR"). RECITALS WHEREAS, there is a need to determine the effectiveness of the literacy, family literacy and life skill development efforts of four agencies who comprise the Literacy in Corrections Coalition created to serve the literacy needs of incarcerated individuals in the Bay Area. WHEREAS, the City of San Rafael is the fiscal agent for the implementation of an Evaluation Grant (funded by the Richard and Rhoda Goldman Fund) whose purpose is to evaluate the efforts of the Literacy in Corrections Coalition. AGREEMENT NOW, THEREFORE, the parties hereby agree as follows: PURPOSE The purpose of this agreement is to establish a contract with a CONTRACTOR who agrees to perform the services of an evaluator who will assess the impact the Literacy in Corrections Coalition (as described in Exhibit B) has on 1.) breaking the cycle of incarceration and low literacy and 2.) increasing participant learners' literacy skills in order to improve their competencies as community members, family members, workers and individuals. PROJECT COORDINATION. A. CITY. The City Manager shall be the representative of the CITY for all purposes under this Agreement. The Library Director is hereby designated the PROJECT MANAGER for the CITY, and shall designate the INMATE LITERACY COORDINATOR to supervise the project and the MARIN LITERACY PROGRAM CO - DIRECTORS to implement all aspects of the progress and execution of this Agreement. B. CONTRACTOR. CONTRACTOR shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this Agreement for CONTRACTOR. STEVEN GREENBERG is hereby designated as the PROJECT DIRECTOR for CONTRACTOR. Should circumstances or conditions subsequent to the execution of this Agreement require a substitute PROJECT DIRECTOR for any reason, the CONTRACTOR shall notify the CITY within ten (10) business days of the substitution. DUTIES OF CONTRACTOR. CONTRACTOR shall perform the duties and/or provide services as described in Exhibit "A" attached and incorporated herein." 4. DUTIES OF CITY. CITY shall be responsible for payment of compensation as provided in Paragraph 4 and shall cooperate with contractor in the performance of the required services. The City is not responsible for the withholding or payment of any applicable mandated employment taxes, including but not limited to worker's compensation and social security. COMPENSATION. For the full performance of the services described herein by CONTRACTOR, CITY shall pay CONTRACTOR as follows: The budget ft is contract is not to exceed $50,000 and paym will be made upon receipt of an itemized invoice from the CONTRACTOR to the INMATE LITERACY COORDINATOR as follows: 15` payment: $15,000 To be invoiced on September 5th, 2001; payable as a retainer for commencement of the project 2°d payment $15,000 To be invoiced on January 15, 2002 upon submission of mid- year progress report 3`d payment $20,000 To be invoiced upon satisfactory completion of the final report The contract budget includes travel, per diem, photocopying and any other incidental costs incurred by the CONTRACTOR. TERM OF AGREEMENT. The term of this Agreement shall be for no more than I year( commencing on September 5, 2001 and ending on June 30, 2002. Upon mutual agreement of the parties the term of this Agreement may be extended for an additional period of 3 months i►�IS)CIu1I'MA4116MI A. Discretionary. Either party may terminate this Agreement without cause upon thirty (30) days written notice mailed or personally delivered to the other party. B. Cause. Either party may terminate this Agreement for cause upon fifteen (15) 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 fifteen (15) day time period. C. Effect of Termination. Upon receipt of notice of termination, neither party shall incur additional obligations under any provision of this Agreement without the prior written consent of the other. D. Return of Documents. Upon termination, any and all CITY documents or materials provided to CONTRACTOR and any and all of CONTRACTOR's documents and materials prepared for or relating to the performance of its duties under this Agreement, shall be delivered to CITY as soon as possible, but not later than thirty (30) days after termination. 8. OWNERSHIP OF DOCUMENTS. The written documents and materials prepared by the CONTRACTOR in connection with the performance of its duties under this Agreement, shall be the sole property of CITY, the Richard and Rhoda Goldman Fund and the members of the Literacy in Corrections Coalition. INSPECTION AND AUDIT. Upon reasonable notice, CONTRACTOR shall make available to CITY, or its agent, for inspection and audit, all documents and materials maintained by CONTRACTOR in connection with its performance of its duties under this Agreement. CONTRACTOR shall fully cooperate with CITY or its agent in any such audit or inspection. 10. ASSIGNABILITY. The parties agree that they shall not assign or transfer any interest in this Agreement nor the performance of any of their respective obligations hereunder, without the prior written consent of the other party, and any attempt to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect. H. . INSURANCE. A. During the term of this Agreement, CONTRACTOR shall maintain, at no expense to CITY, the following insurance policies: 1.) An automobile liability (owned, non -owned, ; tired vehicles) insurance policy in the minimum amount of five hunured thousand ($500,000) dollars per occurrence; B. The insurance coverage required of the CONTRACTOR by section 11. A., shall also meet the following requirements: 1.) CONTRACTOR shall provide to PROJECT MANAGER, (a) Certificates of Insurance evidencing the insurance coverage required herein, and (b) specific endorsements naming CITY, its officers, agents, employees, and volunteers, as additional named insureds under the policies. 2.) The insurance policies shall provide that the insurance carrier shall not cancel, terminate or otherwise modify the terms and conditions of said insurance policies except upon thirty (30) days written notice to CITY's PROJECT MANAGER; C. If it employs any person, CONTRACTOR shall maintain worker's compensation and employer's liability insurance, as required by the State Labor Code and other applicable laws and regulations, and as necessary to protect both CONTRACTOR and CITY against all liability for injuries to CONTRACTOR's officers and employees. 12. INDEMNIFICATION. CONTRACTOR shall indemnify, release, defend and hold harmless CITY, its officers, agents, employees, and volunteers, against any claim, demand, suit, judgment, loss, liability or expense of any kind, including attorney's fees and administrative costs, arising out of or resulting in any way, in whole or in part, from any acts or omissions, intentional or negligent, of CONTRACTOR or CONTRACTOR'S officers, agents and employees in the performance of their duties and obligations under this Agreement." 13. NONDISCRIMINATION. CONTRACTOR shall not discriminate, in any way, against any person on the basis of age, sex, race, color, religion, ancestry, national origin or disability in connection with or related to the performance of its duties and obligations under this Agreement. 14. COMPLIANCE WITH ALL LAWS. CONTRACTOR shall observe and comply with all applicable federal, state and local laws, ordinances, codes and regulations, in the performance of its duties and obligations under this Agreement. CONTRACTOR shall perform all services under this Agreement in accordance with these laws, ordinances, codes and regulations. CONTRACTOR shall release, defend, indemnify and hold harmless CITY, its officers, agents and employees from any and all damages, liabilities, penalties, fines and all other consequences from any noncompliance or violation of any laws, ordinances, codes or regulations. 15. NO THIRD PARTY BENEFICIARIES. CITY and CONTRACTOR do not intend, by any provision of this Agreement, to create in any third party, any benefit or right owed by one party, under the terms and conditions of this Agreement, to the other party. 16. 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, 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: TO CITY: Jane Curtis INMATE LITERACY COORDINATOR San Rafael Public Library 1100 E Street San Rafael, CA 94901 TO CONTRACTOF Steven Greenbers PROJECT DIRECTOR 3475 Holland Drive Santa Rosa, CA 95404 17, INDEPENDENT CONTRACTOR. For the purposes, and for the duration, of this Agreement, CONTRACTOR, its officers, agents and employees shall act in the capacity of an Independent Contractor, and not as employees of the CITY. CONTRACTOR and CITY expressly intend and agree that the status of CONTRACTOR, its officers, agents and employees be that of an Independent Contractor and not that of an employee of CITY. 18. ENTIRE AGREEMENT -- AMENDMENTS,. A. The terms and conditions of this Agreement, all exhibits attached, and all documents expressly incorporated by reference, represent the entire Agreement of the parties with respect to the subject matter of this Agreement. B. This written Agreement shall supersede any and all prior agreements, oral or written, regarding the subject matter between the CONTRACTOR and the CITY. C. No other agreement, promise or statement, written or oral, relating to the subject matter of this Agreement, shall be valid or binding, except by way of a written amendment to this Agreement. D. The terms and conditions of this Agreement shall not be altered or modified except by a written amendment to this Agreement signed by the CONTRACTOR and the CITY. E. If any conflicts arise between the terms and conditions of this Agreement, and the terms and conditions of the attached exhibits or the documents expressly incorporated by reference, the terms and conditions of this Agreement shall control. 19. WAIVERS. The waiver by either party of any breach or violation of any term, covenant or condition of this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or violation of the same or other term, covenant, condition, ordinance, law or regulation. The subsequent acceptance by either party of any fee, performance, or other consideration which may become due or owing under this Agreement, shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, condition, covenant of this Agreement or any applicable law, ordinance or regulation. 20. COSTS AND ATTORNEY'S FEES. The prevailing party in any action brought to enforce the terms and conditions of this Agreement, or arising out of the performance of this Agreement, may recover its reasonable costs (including claims administration) and attorney's fees expended in connection with such action. 21. APPLICABLE LAW. The laws of the State of California shall govern this Agreement. IN WITNESS WHERE the parties have executed this Agree ,t as of the day, month and year first above written. CITY OF SAN RAFAEL �N Ma dr -7— ATTEST: Jy e APPROVED AS TO FORM City Att ey CONTRAC OR By: L Name: Title: Z Exhibit A DUTU... AND SCOPE OF WORK OF PROJECT EVA_0ATOR SERVICES The Evaluator agrees to perform the services described herein. The purpose of the evaluation is to assess the impact that The Coalition, consisting of four inmate literacy programs funded by the Richard and Rhoda Goldman Fund, has had on 1) breaking the cycle of incarceration and low literacy, and 2) on increasing participant learners' literacy skills in order to improve their competencies as community members, family members, workers and individuals. The Report will also address participants' perception of the usefulness of The Coalition's literacy programs, as well as host agencies' perception of usefulness of these programs. The Report will also address all details from the Scope of Work as follows. SCOPE OF WORK Evaluator will conduct process and outcome evaluation of the four Coalition members in the time period September 1, 2001 — June 30, 2002. Data collected during the 18 -month period, July 2000 to January 2002, will be used for the evaluation. The Evaluator will participate in the development of the parameters of the evaluation and will develop the format for delivery of data by Coalition members to Evaluator. The Evaluator will review and critique questionnaires and survey forms used by Coalition members to gather outcome data. He or she will develop questionnaires and survey forms to be used to gather process data, as well as procedures and the model for statistical analyses. The Evaluator will use both qualitative and quantitative data to complete statistical analyses and outcome report. Timely communication with Coalition members will be maintained. The Evaluator will submit a mid -year report by January 15, 2002, which will include, but not be limited to: 1. Status of data collection process 2. Interim statistical analyses 3. Record of any procedure modification made in agreement with Coalition members The Evaluator will provide the Final Report by July 31, 2002, which will include: 1. Evaluation of the implementation and operation of each intervention described by individual Literacy in Corrections Coalition members 2. A thorough understanding of the goals and objectives and the actual delivery of these services 3. Description of staffing patterns and any change in staff which may effect implementation 4. Members' adherence to prescribed protocol 5. Evaluation of data sources CONFIDENTIALITY OF DATA Any data rightfully in The Evaluator's possession or independently developed by The Evaluator within the scope of this contract is confidential. The Evaluator will ensure confidentiality pursuant to the contract with regard to the following: 1. unauthorized disclosure to third parties 2. information pertaining to inmates, parolees, probationers or program staff OWNERSHIP The Coalition will own The Report. Members of The Coalition and the Richard and Rhoda Goldman Fund will have rights to reproduce, publish and copyright the product delivered as detailed in the Scope of Work and other deliverables requested during the course of this agreement pertaining to performance under this contract. The Evaluator agrees to provide any documents intended for publication 30 days prior to publication. OTHER TERMS The Evaluator will design and present to The Coalition a management plan ensure the administration and research tasks are coordinated with Coalition members. Members of The Coalition will assist in: ■ setting the direction of the evaluation ■ developing parameters of the evaluation plan ■ selecting sites and arranging logistics ■ providing existing ram information and relevant data collected t ■ approving data coli, -.ion procedures ■ approving survey forms and questionnaires ■ reviewing all evaluation and research reports provided in a timely manner The contract budget will not include travel, per diem, photocopying or any other incidental costs incurred by The Evaluator. Exhibit B DESCRIPTION OF LITERACY IN CORRECTIONS COALITION Funded from 1998-2002 by an initiative of the Richard and Rhoda Goldman Fund, each of the four Literacy in Corrections Coalition offers literacy services with different approaches and emphases, in different settings. All address effective ways to improve the literacy, family literacy and life skills of incarcerated individuals. Marin Literacy Program Inmate Literacy Services enables Marin Literacy Program to provide library, literacy, and family literacy programs in two correctional settings. At San Quentin State Prison, the F.A.T.H.E.R.S. Program (Fathers As Teachers: Helping, Encouraging, Reading, Supporting) provides family literacy instruction and parenting education to incarcerated men, Gift Books for the children in their lives, and storytimes for their visiting families. Also at San Quentin, Project R.E.A.C.H. (Reach for Education, Achievement, and Change with Help) trains and supports incarcerated individuals to provide literacy tutoring to fellow inmates. At the Marin County Jail, Inmate Literacy Services provides library services to all residents and offers one-on- one and small group tutoring in ESL and reading and writing. Newsletters written by residents are produced in the men's program pod and in the women's housing pod. The F.A.T.H.E.R.S. and M.O.T.H.E.R.S. Programs are offered on a rotating basis in all housing pods. San Francisco Sheriffs Department San Francisco Sheriffs Department provides the L.A.M.P. Program (Learning Assessment and Mediation Project) which offers Learning Disability (LD) screening to inmates at the San Francisco County Jail. Based on the results of the testing, students are placed in appropriate academic classes. LAMP staff is available for individual consultation with teachers and other contractors at anytime. Many aspects of the LD program have become institutionalized into the weekly Orientation for student prisoners. This includes testing and referrals to appropriate classes, including referrals to City College of San Francisco (CCSF). The most important intervention in the effort to increase long-term educational outcomes and self-efficacy among the inmate/ students is their movement to CCSF services upon release. Alameda County Library At two Alameda County correctional facilities, Santa Rita Jail and North County Jail, Reading for Life classes are offered to all inmates, including those referred by the courts, public defender, private attorneys, and probation department. Reading for Life provides self-sufficiency skills training classes, educational programs and activities, transitional planning, and post -release follow-up for low -literacy level inmates. Classes focus on reading, writing, and the development of critical thinking skills. The Alameda County Library's Information and Resource Specialist assists each program participant with the development of a comprehensive post -release transition plan. Information regarding housing, health care, childcare, employment opportunities, continuing education, and community-based resources is provided, along with intensive post -release support and follow-up to determine effectiveness. Santa Clara County Library Reading Program The Transition Project offers classes in San Jose at the Day Reporting Center for alternative sentencing of inmates. Classes are offered at a local church for former recovery or jail learners. Equipped for the Future (EFF), an adult education framework, is implemented in all classes taught by both staff and volunteers. Curricula are used that provide incorporation of the EFF framework into recovery materials. Giveaway books from the library and other donors are distributed to learners in recovery programs and at an alternative jail facility. Contacts are maintained with local judges, attorneys, Public Defenders, District Attorneys, Parole Officers, and other social service agencies to educate stakeholders. Learners are followed as they move throughout the system. Contact with jail staff and community volunteer tutors is maintained in order to follow-up with learners who are leaving the Main Jail in San Jose and Elmwood Jail in Milpitas. They are encouraged to get a community tutor in one of our library programs after they have demonstrated a commitment to learning.