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Lib Marin Literacy Program 1997AGREEMENT FOR PROFESSIONAL SERVICES This Agreement is made and entered into as of this 1 s t day of MARCH 71997, by and between the City of San Rafael (hereinafter referred to as City) and Joelle Bonnett. Section 1. Purpose. The City wishes to obtain professional services of a person to do Community and Funds Development to implement the Marin Literacy Program for the San Rafael Public Library. Ms Bonnett has successfully implemented similar programs in the San Francisco Bay Area; and, therefore, the City desires to employ Ms Bonnett to provide such services. Section 2. Scope of Services. The scope of services to be performed by Ms Bonnett under this Agreement shall include, but not be limited to, services as requested by the City, under the direction of the Library Director and in agreement with the Literacy Program Director and the Families for Literacy Director, which shall be necessary or desirable in accomplishing the goals and objectives as shown in "Exhibit A" which is attached hereto and incorporated herein by reference. Section 3. Term. This Agreement shall commence upon the date first written above and shall have a term no longer than one (1) year from the date of commencement. Section 4. Termination. Either party may terminate this Agreement without cause effective upon receipt of thirty (30) days written notice from the other party. In the event of termination Ms Bonnett shall receive compensation pursuant to Section 6. Section 5. Comp_ ensation. Total compensation for professional services is not to exceed $38.000. The City and Ms Bonnett agree that professional services shall be provided at a rate of $19.00 an hour to implement the project. Reimbursable expenses will be provided, up to the limit of the budget. To receive payment Ms Bonnett shall submit an invoice to the San Rafael Public Library itemizing hours and reimbursable expenses. The invoice shall be due and payable within thirty (30) days after receipt of the invoice by the Library. Section 6. Compensation in the Event of Earlv Termination. In the event this Agreement is terminated by either party, Ms Bonnett shall be paid for amounts already invoiced but not paid, plus her fee for services rendered as of the date of receipt of the termination notice. Ms Bonnett shall be reimbursed pursuant to Section 5 for expenses incurred as of the date she receives notice or gives notice of termination, as the case may be. Section 7. AccountinL' Records. Records of Ms Bonnett's services and reimbursable expenses pertaining to this Agreement and records of accounts between the City and Ms Bonnett, shall be kept on a generally recognized accounting basis and shall be available to the City or their authorized representatives at mutually convenient times for inspection. Section 8. Successors and Assigns. Neither the City nor Ms Bonnett shall assign or transfer any interest in this Agreement without the written consent of the other party. -2 - Section 9. Notices. Any notice required to be given by the terms of this Agreement shall be deemed to have been given when the same is sent by certified mail, postage prepaid, addressed to the respective party as follows: San Rafael Public Library Attn: Vaughn Stratford 1100 E Street San Rafael, CA 94901 Joelle Bonnett 5 Hawthorne Court Fairfax, CA 94930 Section 10. Ownership of Documents. Any and all documents prepared by Ms Bonnett pursuant to this Agreement shall become the property of the City. In the event of an early termination of this agreement by either party, any documents that are in progress at the time of the early termination, will become the property of the City. Section 11. Reliance and Indemnification. In performing services under this Agreement, Ms Bonnett may use and rely on copies of reports, representations, certifications, and other information prepared by or for the City and given to Ms Bonnett. Ms Bonnett agrees to hold harmless, indemnify, including attorney's fees, and defend City, its employees and agents, from any and all claims, loss, liability and damages arising from her, her agents, or her employees negligent or intentional acts or omissions arising as a result of her work under this Agreement. Section 12. Ms Bonnett Not an Employee of the Citv_ . It is understood that Ms Bonnett is an independent contractor, and not an employee of the City. Section 13. Severabilitv. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of the Agreement. Section 14. Entire Agreement. This Agreement represents the entire and integrated Agreement between the City and Ms Bonnett and supersedes all prior representations, either written or oral. This Agreement may be amended only by written instrument signed by the City and Ms Bonnett. Section 15. Multiple Counterparts. This Agreement may be executed simultaneously in multiple counterparts, all of which shall constitute one and the same instrument and shall be an original. Section 16: Funding Source. Funding for current fiscal year is provided from the banking account of the Marin Literacy Partners. Renewal of this contract for future fiscal years is dependent on funds for this position being available either in that account and/or from other sources. -3 - Section 16. Arbitration. The City and Ms Bonnett agree to submit any claims arising under this Agreement to binding arbitration pursuant to the current provisions of the California Code of Civil Procedure and any successor statutes. IN WITNESS WHEREOF, the parties hereto have caused their duly authorized representatives to execute this agreement the day and year first above written. COMMUNITY AND FUNDS DEVELOPMENT J elle Bonnett CITY OF SAN RAFAEL -- —6; Rod Gould City Manager ATTEST: ity Clerk APPROVED AS TO CONTENT -- -- ------ -- ----- Vau hn tratford Lib ry Director Exhibit A Community and Funds bevelopment Job.D6escr,ptian The mission of Community and Funds Development is. (1) To build a fund development infrastructure that will serve to maximize resources, minimize costs and strengthen those fiend development activities which demonstrate the greatest potential for generating significant income. Specific activities include: • create a network of fund development teams involving Board members and other interested professionals from the community; • identify and build relationships with other organizations in the community serving families and adults who are concerned with literacy needs; • identify and build relationships with representatives from local corporations and grant funding institutions; • identify and build relationships with professionals in the community who may serve as committee members and/or advisors in the future; • represent the Marin Literacy Program at Bay Area Fundraising Roundtable meetings; • coordinate all necessary fundraising training for Board of Directors; • compile necessary end of the year statistics regarding project success, numbers of volunteers and students served, etc. and produce an annual report. (2) To design and implement a comprehensive fiend development, sl «m to include planned giving, direct mail, grant writing, special events and corporate sponsorship. The program should reflect the needs and opportunities of the organization and raise sufficient funds to support all Marin Literacy Program (AELP) projects. Specific activities include: • create and work with a Planned Giving team to design and implement a local planned giving program to secure large gifts of cash, property, etc.; • create and work with a Direct Mail team to implement a direct mail program to help reduce costs and increase direct mail revenue; • create and work with a Corporate Sponsorship team to design and implement a comprehensive corporate sponsorship campaign to secure funding for programs and events; • work with Special Events team to design and implement one or more special events that can be conducted over a period of years, that will promote MLP's mission, and expand MLP's reputation among residents in the community. Exhibit A • write and submit Grant Proposals to secure support for MLP projects; • work with Marin County associations and businesses to design and implement a comprehensive marketing plan designed to increase program visibility. 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