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HomeMy WebLinkAboutCC Resolution 12358 (F.L.A.G.SHIP Project)RESOLUTION NO. 12 3 5 8 RESOLUTION OF THE CITY COUNCIL. OF TI4E CITY OF SAN RAFAEL AUTHORIZING THE MAYOR AND CITE' CLERK TO EXECUTE AN AGREEMENT BETWEEN THE COUNTY OF MARIN AND THE CITY OF SAN RAFAEL REGARDING THE FAMILY LITERACY F.L4.G SHIP PROTECT (From 7/1/07 — 6/30/08) 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 COUNTY OF MARIN AND THE CITY OF SAN RAFAEL REGARDING TI 1E F. L.A. G. SHIP PROJECT, a copy of which is hereby attached and by this reference made 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 I" day of October, 2007 by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None h,. JEA &E M. LEONC I, City Clerk AGREEMENT between the COUNTY OF MARIN and the CITY OF SAN RAFAEL This Agreement is made and entered into this day of , 2007 in Marin County California, by and between the COUNTY OF MARIN by and through its Marin County Free Library, hereinafter referred to as "COUNTY" and the CITY OF SAN RAFAEL hereinafter referred to as "CITY". WITNESSETH In consideration of the mutual promises as hereinafter contained, the parties hereto agree as follows: 1. The CITY agrees to provide the COUNTY family literacy services as described in Exhibit A, on behalf of the Marin County Free Library/San Rafael Public Library joint Library, Literacy, And Books Services Program ("LLABS"). These LLABS Services will be performed from the F.L.A.G.ship (Families Learning And Growing) Mobile unit, from July 1, 2007 through June 30, 2008. 2. The COUNTY agrees to pay the CITY up to ONE HUNDRED ELEVEN THOUSAND TWO HUNDRED AND FIFTY DOLLARS ($111,250) for the rendering of aforesaid services, to be paid as detailed Section 3, below. 3. Payment shall be made payable to the City of San Rafael and will be invoiced quarterly within 30 days following the end of each quarter based on expenditures incurred during the previous quarter. The final invoice for the last payment shall be received no later than the following date: June 30, 2008 4. Neither party shall discriminate against any qualified individual based on race, color, religion, nationality, sex, age or disability. 5. Either party shall have the right to terminate this Agreement at any time by giving notice in writing of such termination to the other party. CITY shall immediately cease rendering literacy services upon receipt of such written termination notice or upon giving such written termination notice to COUNTY and the following shall apply: COUNTY shall pay CITY the contract fee, as set forth in Section 2, for services rendered by CITY prior to the date of termination; provided, however, that in no event shall any payment hereunder exceed ONE HUNDRED ELEVEN THOUSAND TWO HUNDRED AND FIFTY DOLLARS ($111,250) and further provided that COUNTY shall not in any manner be liable for lost profits which might have been made by CITY had CITY completed the services required by this Agreement. The foregoing is cumulative and does not affect any right or remedy that COUNTY may have in law or equity. 6. CITY shall defend, indemnify, and hold harmless COUNTY, its elected and appointed councils, boards, commissions, officers, agents, and employees from any liability for damage or claims for damage for any economic loss or personal injury, including death, as well as for property damage, which may arise from the intentional or negligent acts or omissions of CITY in the performance of services rendered under this Agreement by CITY. IN WITNESS WHEREOF, the parties hereto have entered into this agreerpf nt the day and year first above written. Steve Kinsey, Board of Supervisors Albdrt; oril or/ County of Marin City of San Rafal ATTEST: Deputy Clerk of the Board Approved as to form: Deputy County Counsel County of Marin ATTEST: Jeanne M. Leoncini, City Clerk 9 Approyed -to - � ' Ci Attorney City of San Rafael Page 1 of 2 Cly,'` Exhibit A LLABS Services to be provided by CITY to COUNTY include, but are not limited to the following 1. Administration of the Library, Literacy, and Books Services (LLABS) Program. 2. Deliver health awareness and family literacy services four days a week to underserved parents and/or caretakers including daycare and homecare providers of children age 0-5 years old through regular scheduled visits by the F.L.A.G.ship mobile unit. 3. Providing clerical support as needed from the Marin Literacy Program San Rafael Office. Pace 2 of 2