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HomeMy WebLinkAboutCC Resolution 8766 (SR Public Library Staffing)RESOLUTION NO. 8766 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROPRIATING $5,000 FROM THE DAVIDSON BEQUEST FOR TEMPORARY PART-TIME COORDINATOR FOR THE FRIENDS OF THE SAN RAFAEL PUBLIC LIBRARY WHEREAS, the Davidson Bequest was a gift to the San Rafael Public Library by the late Evans Davidson in memory of his sister Della Davidson; and WHEREAS, since receipt of the Bequest in 1982, a portion the Bequest has been used to enhance library service; and WHEREAS, the staff and the Library Board of Trustees recommend appropriating $5,000 of interest on the Davidson Bequest to hire a temporary part-time coordinator to assist the Board in revitalizing the Friends of the San Rafael Public Library, to make it an effective fundraising and advocacy group. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Rafael hereby appropriates $5,000 of interest on the Davidson Bequest to hire a temporary part-time coordinator to assist the Board of Library Trustees in revitalizing the Friends of the San Rafael Public Library. 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 Mondav the Second day of November , 1992 by the following vote to wit: AYES: COUNCILMEMBERS = Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS= None ABSENT: COUNCILMEMBERS: Breiner & Cohen resdvds dZANNE INI, ity Clerk ORIGINRL ��,64 AGREEMENT FOR PROFESSIONAL SERVICES ^ This Agreement is made and entered into as of this t"t- day of 1;!{h2UA41993, by and between the CITY of San Rafael (hereinafter referred to as CITY) and C2(roline Youmans. Section 1. Purpose. The CITY wishes to obtain professional services to assist in developing and strengthening the Friends of the San Rafael Public Library (hereinafter referred to as FRIENDS). Ms. Youmans has experience in coordinating and developing non-profit community organizations such as the FRIENDS; and, therefore, the CITY desires to employ Ms. Youmans to provide such services. Section 2. Scone of Services. The scope of services to be performed by Ms. Youmans under this Agreement shall include, but not be limited to, services as requested by the CITY 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 that two (2) years 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. Youmans shall receive compensation pursuant to Section 6. Section 5. Compensation. Total compensation for professional services and reimbursable expenses is not to exceed $5,000. The CITY and Ms. Youmans agree that professional services shall be provided at a rate of $15.00 an hour. To receive payment Ms. Youmans shall submit an invoice to the CITY itemizing hours and reimbursable expenses. The invoice shall be due and payable within thirty (30) days after receipt of the invoice by the CITY. Section 6. Compensation in the Event of Early Termination. In the event this Agreement is terminated by either party, Ms. Youmans 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. Youmans 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. Accounting Records. Records of Ms. Youmans' services and reimbursable expenses pertaining to this Agreement and records of accounts between the CITY and Ms. Youmans, 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. Youmans shall assign or transfer any interest in this Agreement without the written consent of the other party. 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 1400 Fifth Ave. P.O. Box 151560 San Rafael, California 94915-1560 Caroline Youmans 40 Harcourt San Rafael, California 94901 Section 10. Ownership of Documents. Any and all documents prepared by Ms. Youmans pursuant to this Agreement shall become the property of the CITY. Section 11. Reliance and Indemnification. In performing services under this Agreement, Ms. Youmans may use and rely on copies of reports, representations, certifications, and other information prepared by or for the CITY and given to Ms. Youmans. Ms. Youmans 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. Youmans Not an EmWovee of the City. It is understood that Ms. Youmans is an independent contractor, and not an employee of the CITY. Section 13. Severability. 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. Youmans and supersedes all prior representations, either written or oral. This Agreement may be amended only by written instrument signed by the CITY and Ms. Youmans. Section 15 Applicable Law. This Agreement shall be governed by the laws of the State of California. Section 16. Multiple Counterparts. This Agreement may be executed simultaneously in multiple counterparts, all of which shall constitute one and the same instrument and each shall be an original. Section 17. Arbitration. The CITY and Ms. Youmans 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. 2 IN WITNESS WHEREOF, the parties hereto have caused their duly authorized representatives to execute this agreement the day and year first above written. FRIENDS OF LIBRARY COORDINATOR , MV10-n-91.Caroline .. . MMYOUMANAG w CITY OF SAN RAFAEL City Manager ATTEST: rk r APPROVED AS TO CONTENT audhn Stratfo#d Lib ry Director APPROVED AS TO FORM 90 4."Z �we ity Attorney r � EXHIBIT A GOAL: To reactivate, revitalize and strengthen San Rafael Library Friends of the Library organization. OBJECTIVES: 1: To increase the membership of the Friends of the Library group. 2. To develop effective volunteer leadership of the organization that will enable the group to function effectively and independently as a volunteer organization. 3. To assist members of the Friends of the Library in organizing and presenting events for the -community. 4. To assist the Friends of the Library in developing an effective organizational structure including by-laws and legal non-profit status. 5. Develop a budget for the Friends group. 6. Develop a one year and a five year plan for the Friends group.