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Home My WebLink AboutCC Resolution 12010 (Literacy Services in Marin County Jail)RESOLUTION NO. 12010 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, FOR THE PERIOD FROM JULY 1, 2006 THROUGH JUNE 30, 2007, AND AS 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, in the form attached hereto and 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 Monday, the seventh of August, 2006 by the following vote, to wit: AYES: COUNCILMEMBERS: Flel l er, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Cohen JEAN!gE M. LEONCINI, City Clerk AGREEMENT WITH THE COUNTY OF MARIN TO COORDINATE ADULT EDUCATION SERVICES AT THE MARIN COUNTY JAIL This Agreement is made and entered into this _L�_ day of Q%j , 2006, by and between the City of San Rafael, a municipal corporation (hereinafter referred to as "City") and the County of 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 - 2006; 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: 1. 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, 2006 through June 30, 2007, and may be extended thereafter as provided in Paragraph 9 hereafter. 3. ROLES AND RESPONSIBILITIES OF THE CITY AND COUNTY. A. Com. 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, Administrative Assistant, Teachers and Librarian. 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 and Librarian. City is solely responsible for the withholding or payment of any applicable mandated employment taxes, including but not limited to worker's compensation for City's employees, agents or contractors. 2. Office Space and Ea_uin_ ment. 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, Administrative Assistant, Teachers, and a Librarian 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, and Librarian 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 2 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 twice yearly (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: July 1, 2006 — June 30, 2007 Fiscal Year 6/07 JAIL SERVICES PROVIDED Library Services FATHERS & MOTHERS Programs Reading/Writing/Newsletter Jail Site Coordination Supervision of Volunteer Tutoring Video Learning Project Subtotal Indirect Costs TOTALS 3 PERSONNEL/ INSTRUCTIONAL MATERIALS/SUPPLIES $ 15,902 16,948 8,304 6,000 8,908 15,006 $ 71,068 7,107 $ 78,175 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. 8. 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 City Manager and the County Sheriff, provided that any increase in the obligations of the City as specified in Paragraph 3(A) or any increase in the amount to be paid by County in any fiscal year that exceeds 25% of the prior fiscal year's budget shall require the approval of the City Council and the County Board of Supervisors. 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 Com: County Sheriff County of Marin 13 Peter Behr Drive San Rafael, CA 94903 Library Director City of San Rafael 1100 E Street San Rafael, CA 94901 City and County may advise IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL ALBEQSanRaf ,Mayor City o ATTEST: �M. LN LEONOINI, City Clerk APPRO.YED, S �� RM: GARY RAG TI, j City Attorney COUNTY OFMA ROBERT DOYLE Sheriff, Marin County � -P. oh4XIO Susan L. Adams President, Board of Supervisors APPROVED AS TO FORM: PATRICK K. FAULKNER Marin County Counsel