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HomeMy WebLinkAboutCC Resolution 12359 (Marin Literacy Program)RESOLUTION NO. 12359 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE COUN'T'Y OF MARIN AND THE CITY OF SAN RAFAEL REGARDING THE MARIN LITERACY PROGRAM (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 THE MARIN LITERACY PROGRAM, 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 0 day of October, 2007 by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JE A7MLE0 rk 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 literacy services as described in Exhibit A, on behalf of the Marin County Free Library/San Rafael Public Library joint Marin Literacy Program ("Literacy Services"). These Literacy Services will be performed from the Literacy Office located at the San Rafael Public Library from July 1, 2007 through June 30, 2008. 2. The COUNTY agrees to pay the CITY for the rendering of aforesaid services FIFTY THOUSAND DOLLARS AND NO CENTS ($50,000) plus FIFTEEN THOUSAND DOLLARS AND NO CENTS ($15,000) toward benefits for the Program Director position, plus up to TWELVE THOUSAND FOUR HUNDRED EIGHTY DOLLARS AND NO CENTS ($12,480) for Y� of the benefits for two newly created regular Literacy staff positions, plus up to EIGHT THOUSAND DOLLARS AND NO CENTS ($8,000.00) for purchase of database software and training to replace Lit Pro. The full sum of up to EIGHTY FIVE THOUSAND FOUR HUNDRED EIGHTY DOLLARS AND NO CENTS ($85,480) is to be paid once as detailed Section 3, below. Payment shall be made payable to the City of San Rafael. The invoice for this payment shall be received no later than the following date: June 1, 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 EIGHTY FIVE THOUSAND FOUR HUNDRED EIGHTY DOLLARS AND NO CENTS ($85,480) 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 agreNRafae and first above written. Steve Kinsey, President, Board of Supervisors Alb J. County of Marin City of S ATTEST: •.D.eputy Clerk of the Board roved as to form: Ogputy County Counsel -County of Marin ATTEST: eanne M. Leoncini City Clerk Apo%& a5 to orm: ; City Attorney�(' City of San Rafael Page 1 of 2 Exhibit A A. Literacy Services to be provided by CITY to COUNTY include, but are not limited to the following Administration of Joint Literacy Program and all its components such as Adult Literacy, Families for Literacy, Inmate Literacy, and Workplace Literacy. 2. Training, matching and supervision of volunteer literacy tutors 3. Continuing education and support of volunteer literacy tutors by publishing newsletters, providing in-service training opportunities, and conducting on-going support group programs. 4. Building and maintaining resource collections of instructional resources. 5. Providing information and resources to literacy program participants. 6. Providing clerical support as needed from the Marin Literacy Program San Rafael Office. B. The benefits payment for services of the regular -hire, full-time Program Director position will be limited to the amount specified in the contract, and will be matched by an equal amount from the City of San Rafael. C. The benefits payment for services of the two new regular -hire positions in the Literacy program will be for 1/2 the actual cost of benefits, up to a total of $12,480. D. Marin County Free Library will pay for, or assist in paying for, purchase, installation and training for software for tracking literacy students, provided that the software is reviewed and approved by the Literacy Director, the San Rafael Public Library Director and the Marin County Free Library Administrative Librarian. Page 2 of 2