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HomeMy WebLinkAboutLib F.L.A.G.ship Services Agreement 2010ciry OF n'l- '45" Agenda Item No: Meeting Date: SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Library Prepared by: David Dodd 5b Jan. 4, 2010 City Manager Approval: SUBJECT: Agreement between the County of Marin and the City of San Rafael for Literacy / F.L.A.G.ship Services RECOMMENDATION: Staff recommends that the City Council adopt the Resolution authorizing the Mayor and the City Clerk to execute the Agreement. BACKGROUND: Since 1985 the San Rafael Public Library and the Marin County Free Library have closely cooperated in providing literacy services to residents of San Rafael and Marin County through the Marin Literacy Program. The program includes basic adult literacy instruction as well as Family Literacy and Inmate Literacy. The Marin Literacy Program also provides health and education services for parents and caregivers of children under age five through the project F.L.A.G.ship. ANALYSIS: In the attached agreement the County agrees to pay the City of San Rafael up to ONE HUNDRED FOURTEEN THOUSAND AND THIRTY DOLLARS ($114,030) for providing literacy services that include but are not limited to the following: 1. Administration of the Library, Literacy and Books Services (LLABS) project; 2. Delivering health awareness and family literacy services four days a week to underserved parents and/or caregivers 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. FISCAL IMPACT: There is no impact on the City General Fund OPTIONS: Discontinue the Program, or direct staff to reduce the scope of the Program and re -negotiate the Agreement with the County. ACTION REQUIRED: Adopt resolution authorizing the Mayor and City Clerk to execute an agreement between the County of Marin and the City of San Rafael to provide literacy F.L.A.G.ship services on behalf of the Marin County Free Library/San Rafael Public Library joint Marin Literacy Program. Encls. FOR CITY CLERK ONLY File No.: Council Meeting: Disposition: RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE COUNTY OF MARIN AND THE CITY OF SAN RAFAEL FOR LITERACY / F.L.A.G.SHIP SERVICES (From 7/1/09 — 6/30/10) 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 FOR LITERACY / F.L.A.G.ship SERVICES, a copy of which is attached hereto as Exhibit "A" and by this reference made part hereof I, ESTHER BEIRNE, 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 4th day of January, 2010 by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ESTHER BEIRNE, City Clerk AGREEMENT for LITERACY/F.L.A.G.ship SERVICES between the COUNTY OF MARIN and the CITY OF SAN RAFAEL This Agreement is made and entered into this day of 2010 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, 2009 through June 30, 2010. 2. The COUNTY agrees to pay the CITY the amount of funding provided by First Five of Marin to the County for support for the LLABS program during the term of this Agreement. The current budgeted amount of NINETYNINE THOUSAND AND THIRTY DOLLARS ($99,030) for the rendering of aforesaid services, is to be paid as detailed in Section 3, below. This amount may be increased by FIFTEEN THOUSAND DOLLARS ($15,000) from First Five of Sonoma to provide COUNTY with additional funding for LLABS. 3. Payment shall be made payable to the City of San Rafael quarterly, based upon invoices submitted to COUNTY 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 by COUNTY no later than the following date: June 30, 2010 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 a pro rata share of the contract fee, as set forth in Section 2, based on the services rendered by CITY prior tothe date of termination; provided, however, that in no event shall any payment hereunder exceed ONE HUNDRED FOURTEEN THOUSAND AND THIRTY DOLLARS ($114,030), and further provided that COUNTY shall not in any manner be liable for lost revenues 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 agreement the day and year first above written. Harold C. Brown Jr., President, Board of Supervisors Albert J. Boro, Mayor County of Marin City of San Rafael ATTEST: ATTEST: Deputy Clerk of the Board Approved as to form: Deputy County Counsel County of Marin Esther Beirne, City Clerk Approved as to form: City Attorney City of San Rafael Page 1 of 2 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. Page 2 of 2