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HomeMy WebLinkAboutCC Resolution 11614 (Literacy Services in Marin County Jail)RESOLUTION NO. 11614 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE COUNTY OF MARIN FOR THE MARIN LITERACY PROGRAM TO PROVIDE LITERACY SERVICES IN THE MARIN COUNTY JAIL (FROM JULY 1, 2004 — JUNE 30, 2005, AND MAY BE EXTENDED BY MUTUAL AGREEMENT OF THE PARTIES) 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, an agreement between the City of San Rafael and the County of Marin for the Marin Literacy Program to provide literacy services in the Marin County Jail, a copy of which is hereby attached and by this reference made a part hereof. The County Sheriff's Department has agreed to support the project in the amount of $77,171 for Fiscal Year 2004/2005. 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 Monday. the second of August. 2004 by the following vote, to wit: AYES: COUNCILMEMBERS: Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JEAWNE M. LEONCINI, City Clerk • r � r e. F�! AGREEMENT WITH THE COUNTY OF MARIN TO COORDINATE ADULT EDUCATION SERVICES AT THE MARIN COUNTY JAIL This Agreement is made and entered into this 0%y of 2004, by and between the City of San Rafael, a municipal corporation (hereinafter referre to as "City") and the County of P t3' Marin (hereinafter referred to as "County". RECITALS WHEREAS, there is a need for increased access by incarcerated individuals to adult education services within the County Jail; and WHEREAS, the Marin Literacy Program, a joint program of the Marin County Free Library and the San Rafael Public Library, has been operating an adult literacy program at the: Marin County Jail from 1998 — 2004; and WHEREAS, City and County desire to cooperate in the operation of coordinated adult education services and referrals, particularly for those incarcerated men and women transitioning from jail to Marin County communities. AGREEMENT NOW THEREFORE, the parties agree as follows: PURPOSE. The purpose of this Agreement is to establish a project which will provide incarcerated men and women in the Marin County Jail with adult education services, including but not limited to library services, FATHERS and MOTHERS classes, reading and writing classes and newsletter production, volunteer tutoring and video learning classes (Project). 2. TERM. This Agreement will continue from July 1, 2004 through June 30, 2005. The terms of this Contract may be renewed for any number of subsequent terms upon written agreement by both parties. 3. ROLES AND RESPONSIBILITIES OF THE CITY AND COUNTY. 1. Staff. City will provide part-time contract employees to serve as Program Director, Project Coordinator, and Administrative Assistant (under the supervision of City's Library Director), as well as part-time contractors serving as Teachers and Librarian, (under the supervision of the Project Coordinator). The Project Coordinator is responsible for the management of the Project. City is responsible for the hiring, supervision and discipline of the Program Director, Project Coordinator, Teachers, Librarian, and Administrative Assistant. City may seek the advice and input of County and the Advisory Committee as provided in this Agreement, and County may make recommendations to City on the hiring of the Project Coordinator, Teachers, Librarian, and Administrative Assistant. City is solely responsible for the withholding or payment of any applicable mandated employment taxes, including but not limited to worker's compensation and social security, for City's employees, agents or contractors. 2. Office Space and Eauipment. City will provide sufficient space, equipment and facilities for the Project's office. 3. Utilities. City will pay for all utilities, including telephone, electricity, water and garbage required at the Project offices. 4. Reports, Books and Records and Information. City will provide County with quarterly financial reports detailing all of City's budgetary expenditure, allocations, and related cost accounting information related to the Project. Except where otherwise required by law, City will allow County, upon reasonable notice, to inspect any records. in City's possession obtained and or generated in providing services to clients served by the program provided under this Agreement. City will maintain financial records relating to this Agreement. These financial records shall be retained for at least five years from the completion of this Agreement and County may audit these records at its discretion upon reasonable notice. City will provide to County, within a reasonable time following County's request and at County's expense, copies of any of the foregoing financial records in the City's possession. B. Coun . 1. Staff, Instructional Material and Indirect Costs. County will provide City the monies necessary to pay for the expenses of the Project which include a Program Director, a Project Coordinator, Teachers, a Librarian and an Administrative Assistant for the Project, plus instructional materials and supplies for the County Jail instruction, and Indirect Costs to the City, in accordance with the Budget set forth in Paragraph 6B. 2. Supervision of Inmates. County will provide general security over all inmates, staff and contractors. 3. Facilities and Space. County will designate and provide facilities, space, and areas that are appropriate for, and of sufficient size, to accommodate the need of the Project. 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, Teachers, Librarian and Administrative Assistant by City, and assist the Project Coordinator in seeking funding for continuation or expansion of the Project beyond the term of this Agreement. 5. PROJECT STAFF EMPLOYMENT STATUS. Nothing in this Agreement shall change nor alter the employment status of either party's employees, representatives, agents or contractors. It is expressly understood that in the performance of this Agreement, City and County are separate and independent governmental entities. Each entity is responsible for payment of its own required employee taxes, including but not limited to, all withholdings, social security and worker's compensation. 6. BUDGET AND INVOICING. A. City and County will include their financial obligations under this Agreement in their respective budgetary processes. B. City will invoice County quarterly (based on expenditures tracked by the City), and the County will pay the City within 30 days of the invoice dates, for expense of the Program Director, Project Coordinator, Teachers, Librarian, and Administrative Assistant (including PARS, Medicare Tax, and Worker's Compensation), plus the costs of instructional materials and supplies toward each portion of the Project, and Indirect Costs to the City. The total amount budgeted for these expenses over the term of this Agreement is based on the following: Julv 1, 2004 June 30, 2005 Fiscal Year 04/05 PERSONNEL/ JAIL SERVICES PROVIDED INSTRUCTIONAL MATERIALS/SUPPLIES Library Services $ 11,004 FATHERS Program 13,792 Reading/Writing and Newsletter 13,408 MOTHERS Program 12,172 Supervision of 7,996 Volunteer Tutoring Video Learning Project 11,784 Saab total $ 70,156 Indirect Costs 7,015 TOTALS $ 77,171 3 7. LIABILITIES. City agrees to indemnify, defend, and hold harmless the County, 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 negligent acts or omissions, or willful misconduct of City, its officers, agents and employees, in the performance of their duties and obligations under this Agreement. County agrees to indemnify, defend, and hold harmless the 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 negligent acts or omissions, or willful misconduct of County, its officers, agents and employees, in the performance of their duties and obligations under this Agreement. APPLICABILITY OF THE CALIFORNIA TORT CLAIMS ACT. Notwithstanding any term or condition of the Agreement, the provisions, and related provisions, of the California Tort Claims Act, Division 3.6 of the Government Code are not waived by City or County and shall apply to any third party claims. 9. AMENDMENTS. MODIFICATIONS. AND EXTENSIONS. This Agreement may be amended, modified or extended by written agreement of the parties. No waiver of any Agreement terms shall be effective unless specifically made in writing. 10. 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, provided that the obligations provided under Paragraphs 6 and 7 hereof shall survive any such termination. D. Upon termination of this agreement, the instructional materials and supplies will become the property of the City. 11. NOTICES. Any notices provided for herein are necessary to the performance of this Agreement and will be given in writing by personal delivery or by prepaid first-class mail, addressed as follows: 4 Coun : CC: County of Marin Sheriff's Department Attn: Captain Dennis McQueeny 13 Peter Behr Drive San Rafael, CA 94903 San Rafael Public Library Attn: Barbara Barwood 1100 E Street San Rafael, CA 94901 IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL B9tJ. O,Mayor City of San Rafael ATTEST: fl�ANNE M. LEONCINI, City Clerk APP ";D;i FORM: GARY RAGHIANTI, City Atto ey C TYOFM ROBERT IrDOYLE Sheriff, Mann County STE' SEY, esident Marin County Board of Supervisors APPROVED AS TO FORM: i PA RICK K. FAULKNER Marin County Counsel