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HomeMy WebLinkAboutL:iterary Services Agreement with City of South Pasadena LibraryJOINT POWERS AGREEMENT FOR ARCADIA PUBLIC LIBRARY LITERACY SERVICES This Agreement for Arcadia Public Library Literacy Services ( "Agreement ") is made and entered into as of 1 day of July, 1998, by and between the CITY OF ARCADIA, a municipal corporation ( "Arcadia "), and CITY OF SOUTH PASADENA, a municipal corporation ( "Contractor ") collectively referred to as "the parties." WHEREAS, Arcadia has determined there is a need for a Literacy Services Program, and has determined it is in the best interests of the people of the City of Arcadia to provide these services by contract; and WHEREAS, it has been established that Contractor and its literacy services staff is specially trained, experienced and competent to render these services; and WHEREAS, sections 6500 es deq. of the California Government Code authorize cities to enter into agreements for the joint exercise of common powers. NOW THEREFORE, it is mutually a between the parties as follows: 1. TERM The term of this Agreement shall commence July 1, 1998 and end June 30, 1999, unless earlier terminated as hereinafter provided. This Agreement may be terminated by either party by giving thirty (30) days written notice of intention to terminate. Payment to Contractor shall be made for services rendered through the date of termination, provided its performance has complied with the terms of this Agreement. 2. RENEWAL Arcadia will review Contractor's performance and the continuing need for services provided under this Agreement prior to June 30, 1999. The Agreement may be renewed on a yearly basis and subject to modifications agreed upon in writing by the parties. 3. PAYMENTS a) Arcadia shall pay Contractor for literacy services from funds it receives through the California State Library Grant as set forth in Exhibit A attached hereto and herein by reference. b) The State Librarian's award letter is the official notice of the California Library Services Act (CLSA) Grant Award. Conditions in the award letter are binding and must be followed in the implementation and conduct of the Literacy Services Program. The award letter includes the approved budget, which is the basis for all financial expenditure reports: c) Arcadia will pay Contractor twice per year following Arcadia's receipt of the CLSA Grant Award. Arcadia will mail payments to Contractor within thirty (30) days of Arcadia's receipt of the CLSA Grant Award. The CLSA Grant Award is disbursed to Arcadia approximately six weeks after the award letter issues and in January of each year. d) Contractor will deposit Arcadia's California Library Services Act Grant Funds in interest - bearing accounts with the understanding that interest earned on monies received in accordance with the California Library Services Act (Education Code 18700 et seq.) will be'used to provide literacy services under this Agreement for the purposes annunciated in the California Library Services Act at section 18733 of the California Education Code. e) An Indirect Cost Detail of 8% will be paid to Contractor for general administrative overhead. This amount is provided for in the approved budget for the California Library Services Act Grant and will be deducted quarterly (July, October, January, April) by Contractor from the interest - bearing accounts specified in subsection d) of this section. g) Contractor shall deposit the Indirect Cost Detail of 8% in a separate interest - bearing account to be used only for Literacy Services for the South Pasadena Public Library. h) The total amount payable to Contractor for literacy services for Year 1 of the California Library Services Act Grant Award (CLSA) shall be $5,438 The 8% for Indirect Cost Detail payable to Contractor will not exceed $5,438 for the 1998 -1999 fiscal year. 4. DESCRIPTION OF SERVICES Contractor shall perform services to implement the Literacy Services Program as specified in Exhibit B attached hereto and incorporated herein by reference. 5. DIRECTION AND ADMINISTRATION The services provided by Contractor shall be under the general supervision of the South Pasadena City Librarian, or her authorized designee, Literacy Services Coordinator hereinafter referred to as Administrator. The Administrator will report directly to the Arcadia City Librarian or his authorized designee, the Assistant City Librarian. The Administrator will also provide information on Literacy Services to the Arcadia Public Library Board of Trustees and Arcadia City Council as reasonably required by the'Arcadia City Librarian or his authorized designee. The Administrator will report on the progress of the Literacy Services Program, monitor expenses and give monthly progress reports. 6. RECORDS Contractor shall maintain complete financial records regarding its use of Arcadia's California Library Services Act Grant Award funds. All such records shall be available for inspection by the designated auditors of Arcadia or the State of California during normal business hours. Contractor shall retain all financial records for four (4) years after the fiscal year in which funds were granted or such longer time, if necessary, until audit findings are resolved. Changes from one major budget category to another must be authorized in writing by the State Library, using a Budget Change Request Form (BCR- 53.CLC). Changes may be made by the Administrator within the Budget Category of Operations without written approval from the State Library. 7. REPORTS The Administrator will provide monthly reports to Arcadia. Copies of the quarterly reports and annual budget will be made available to Arcadia at Arcadia's request. Contractor will provide a year -end financial report of Contractor's operating costs and revenues relating to the Literacy Services Program no later than sixty (60) days after the termination of this Agreement. Said report shall be in accordance with generally accepted accounting principles. Carryover of year -end unobligated California Library Services Act Grant Funds is not permitted. Requests to use unexpended or unobligated CLSA funds beyond the approved time period of the Program as a no cost extension is prohibited under the terms of the grant. Unexpended funds must be returned to the State Library within sixty (60) days of the end of the fiscal year. 8. Indemnification A. Contractor hereby agrees to, and shall hold Arcadia, its elective and appointive boards, officers, agents and employees, harmless from any liability for damage to property or injuries to persons which may arise from Contractor's willful or negligent acts, errors or omissions or those of its employees or agents. Contractor agrees to and shall defend Arcadia and its elective and appointive boards, officers, agents and employees from any suits or actions at law or in equity for damages to property or injuries to persons caused, or alleged to have been caused, by reason of any Contractor's aforesaid willful or negligent acts, errors or omissions. B. Arcadia hereby agrees to, and shall hold Contractor, and its officers, agents and employees, harmless from any liability for damage to property or injuries to persons which may arise from Arcadia's willful or negligent acts, errors or omissions or those of its employees or agent. Arcadia agrees to and shall defend Contractor and its officers, agents and employees from any suits or actions at law or in equity for damages to property or injuries to persons caused, or alleged to have been caused, by reason of any of Arcadia's aforesaid willful or negligent acts, errors or omissions. 9. INSURANCE Contractor shall maintain in force at all times during the performance of this Agreement a policy or policies of insurance covering its operations in the amounts as hereinafter provided, which policies shall name Arcadia, its officers, agents and employees as additional insureds. Certificates and endorsements evidencing the maintenance of Contractor's insurance coverage shall be filed with Arcadia. Contractor's insurance coverage shall be filed with Arcadia. Contractor shall notify Arcadia in writing at least thirty (30) days in advance of cancellation or modification of any policy. Contractor shall maintain comprehensive liability insurance in the amount of $2,000,000 and Automobile Liability insurance in the amount of $1,000,000 to cover Contractor's employees (Literacy Services Administrator and Literacy Assistant) driving their own vehicles in the course and scope of their employment. Arcadia shall maintain in force at all times during the performance of this Agreement a policy or policies of insurance covering its operations in the amounts as hereinafter provided, which policies shall name Contractor, its officers, agents and employees as additional insureds. Certificates and endorsements evidencing the maintenance of Arcadia's insurance coverage shall be filed with Contractor. Arcadia's insurance coverage shall be filed with Contractor. Arcadia shall notify Contractor in writing at least thirty (3 days in advance 4 of cancellation or modification of any policy. Arcadia shall maintain comprehensive liability insurance in the amount of $2,000,000 and Automobile Liability insurance in the amount of $1,000,000 to cover Arcadia's employees (Literacy Services Administrator and Literacy Assistant) driving their own vehicles in the course and scope of their employment. 10. STATUS OF PARTIES Contractor shall, during the entire term of this Agreement be construed as an independent contractor and nothing in this Agreement is intended nor shall be construed to create an employer - employee relationship. Persons employed by Contractor shall not be deemed employees of Arcadia for any purpose nor shall Arcadia's employees be deemed employees of Contractor. Arcadia shall, during the entire term of this Agreement to be construed as an independent contractor and nothing in this Agreement is intended nor shall be construed to create an employer- employee relationship. Persons employed by Arcadia shall not be deemed employees of Contractor for any purpose nor shall Contractor's employees be deemed employees of Arcadia. 11. SUCCESSORS AND ASSIGNMENT This Agreement shall bind and secure the successors in interest of Contractor and Arcadia in the same manner, as if such party had been expressly named herein. Neither party shall transfer any interest in this Agreement by subcontract, assignment, assignment or any other manner without written approval of the other party. 12. PARTIAL INVALIDITY If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will continue in full force and effect without being impaired or invalidated in any way. 13. WAIVER The waiver by either party of any default, breach or condition precedent shall not be construed as a waiver of any other default, breach or condition precedent, or any other right hereunder. 14. NOTICE Any notice provided for or permitted by this Agreement shall be given by depositing said notice in the United States mail, postage prepaid, and addressed to the following: Notice to CONTRACTOR Notice to ARCADIA CITY OF SOUTH PASADENA CITY OF ARCADIA Office of the City Manager Office of the City Manager 1414 Mission Street 240 West Huntington Drive South Pasadena, CA 91030 Arcadia, CA 91006 cc: City Librarian South Pasadena Public Library 1100 Oxley Street South Pasadena, CA 91030 cc: City Librarian Arcadia Public Library 20 West Duarte Arcadia, CA 91006 Notice to the ADMINISTRATOR Literacy Services Administrator Arcadia Public Library 20 West Duarte Arcadia, CA 91006 Cel Notices will be deemed communicated as of the day of receipt or the fifth day after mailing, whichever occurs first. 15. NON- DISCRIMATION Services rendered under this Agreement shall be rendered without discrimination on the basis of race, color, religion, national origin;a.sex, age, disability or ancestry. Contractor shall not employ discriminatory practices in employment of personnel, assignment of accommodations, or in any other respect, on the basis of race, color, religion, sex, age, disability, national origin or ancestry. 16. ENTIRE AGREEMENT OF THE PARTIES This Agreement supersedes any and all agreements, either oral or written, between the parties with respect to the rendering of services by Contractor for Arcadia and contains all the representations, covenants, Agreements between the parties with respect to the rendering of those services. Each party to this agreement acknowledges that no representations, inducements, promises, or agreements, orally or otherwise have been made by any party, or anyone acting on behalf of any party, which are not contained in, or specifically identified in, this agreement will be valid or binding. Any modification of this Agreement will be effective only if it is in writing signed by the party to be charged. 17. ATTORNEY'S FEES If any legal action, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable attorney's fees, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which that party may be entitled. 18. COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 19. GOVERNING LAW This Agreement will be governed by and construed in accordance with the laws of the State of California. IN WITNESS WHEREOF, the parties hereto have here unto subscribed their names the day and year above written. CITY OF ARCADIA I' William Kelly, City Manager DATEA�� CITY, OF SOUTH PASADENA By: Sean Joyce, City Manag APPROVED AS TO FORM: City Attorney /Ci of Arcadia i A rney /City of South Pasadena EXHIBIT A BUDGET CALIFORNIA LIBRARY SERVICES ACT GRANT/YEAR 1 $71,447 (Received by ARCADIA for Literacy Services for the Arcadia Public Library) INDIRECT COST DETAIL a 5,438 (Deducted quarterly by CONTRACTOR for administrative services.) Total grant amount for 1998/99 (year 1) $78,927 *See attached for CLSA Budget page that supports Literacy Plan of Service 9 i'l; GI r1..1 A�'—ASIA roc LLZ Y California Library services Board t (9161 �S� -O�bb UERARY•COURTS EUIt,DirJG P.O. IOX 942n7 `• :i�o V`r SACRAMIN70, CA 9t237-0001 Radt Ross, Direm: Arcadia Public Library 20 W. Duart!,- Road Arcadia, CA 91006 -6999 Dear, Mr. Ross: :f August 24, 1998 I ampi..tsed to inform you that Arcadia Public library has been granted financial assistance for the 1998199 focal year for participation in the California Library Literacy Servics (CLLS) program in the amount of 578,927. 1 enclose the approved CL.SA Eudget page that supports the Literacy Plan of Service. Be sire to plan for the incre Iocal role expecw-d in this program. Under the provisions of the CLT S, the State's financial support declines in years four and five. After the fifth year the State is authorized (contizigent upon availability of funds each year) to provide up to z dollar- for -dollar match for funds raised locally. . You w1] soon receive reporting procedures and masters of reporting forms for u-se during the 1998199 fiscal year. All Quarterly Reports mw► be filed in ori&Ld plus one copy within thirty days of the end of each quarter. I enclose a roast (far duplicating) of the Budget Change Request form to to used if changes in the approved CLSA badg°t should become nzcessary. Plewe call Carole Talan, Literacy Specialist, to discuss proposed changes before submitting Budget Charge Requests in writing. Worlsbops to t rain new literacy coordl.aators will be held on December 2 (Nertn), and December 4 (South). CALPEP (the Ca?ifornia Adult Lxarner Progress Evalt.ation Process) should be use for learner assessirient soon after instruction of each learner begins, and again each December and Jun Quar"-rly reports trust be submitted on tirrne to a payments. by the California State Library. I encourage your library's participaEon in the nearest regional library literary network. Plea. contact Carole Talan, Literacy Specialist, at (916) 653 - 8032 if you have questions or require assistance in your literacy activities. Welcome to the California Lit--racy Campaign! Yours Sincerely, o h. r. ',tin Starr, Ciali Fc ecutive , C<Cflcer California Library Services Board Eric. d: ;use: sil�s�.jW�lidcilsne98.le: OS: 27: Gs 15:01 FAX 51511 7 50:0 ARCADIA PtB LIB 2 CLSA Program Budget Request for California Library Literacy Service Programs Fiscal Year 1998/99 Arcadia'Public Library Name of Library May 5, 1998 L' nary Director Sim re Date *.* rrectedlamended co,cv (column 6), line 3O —J uly 15, 1998 eaUuers'O s\j F`lit: car +`•clsas�.lS8 26 FM- 46APP.PG2 M (a) (b) (c) Total Approved CLSA Budg- BudVet CLSA Estimated 0 pleted by CSL) Categories Budget Other Yearly Request Budget t Bud,;er . Rev'in Starr ` (a + b) 1. Personnel 69,250 69,250 S 51,93E (Inc. Benefits) 2. Library 3,000 500 3,500 g 3,000 Materials 3. Operations 10,500 10,500 21,OCO ( $ 9 Total (3a -3 ) 3a. Contract 1,000 1,000 750 Set - v ices 950 950 713 :b. Travel 3 U:Ecc 1 350 ' 850 638 Suo files j 2 , 00 i 2,500 I 2,500 3d. Printiritr 1 3e.Irstructoaal 2,20'; I 500 2,700 2,200 Resources I 3f 3,000 3,004 2,250 Ccmcnunications 10,000 1 10,000 I 37. Ot cr i i 9,500 T 9,500 $ 9,500 4. Eq uivrnenc 5. I;:di.rcct 7,380 7,380 S 5,438 , 1 599,630 511,006 ! S110,630 1 $ 78,927 6. TOTAL eaUuers'O s\j F`lit: car +`•clsas�.lS8 26 FM- 46APP.PG2 M EXHIBIT B CONTRACTOR/CITY OF SOUTH PASADENA shall provide literacy services to CITY OF ARCADIA for the term of the Agreement for Arcadia Public Library Literacy Services as follows: Literacy Services o Administrator/Literacy Services Program Coordinator will plan, organize and direct the work of the Arcadia Public Library Literacy Services for the City of Arcadia, under the direction of the Arcadia Public LibraV City Librarian or his authorized designee, which includes the Administrator. Thy Administrator will be the liaison between Arcadia and Contractor. Services may include, but are not limited to: • Plan, coordinate the adult literacy program for Arcadia Public Library. • Develop and manage meetings and promotional activities for the literacy program. • Develop volunteer program and related recognition activities. • Build a wide base of community support for Literacy Services. • Supervise, train and evaluate both paid staff and administrative volunteers. • Recruit clients and counsel them as to available and appropriate programs. • Recruit, assess and match adult learners with tutors. • Recruit, train and monitor progress of volunteer tutors. • Coordinate tutor orientations and training. • Maintain statistical records and volunteer hours (instructional and non- instructional). • Work effectively with other major agencies involved in training and assessment activities. • Participate in network of literacy organizations locally, regionally and state wide. • Select curriculum materials for adult learners and tutor's use. • Develop and acquire materials for a Library Literacy Collection. • Offer supplementary workshops and in- service programs for learners and tutors. • Report in written form on a monthly basis as to the status of Literacy Services to the Arcadia Public Library City Librarian or his chosen designee. • Speak to community groups. • Plan and implement a public relations campaign for tutor and adult learner recruitment. • Participate in public events. • Prepare required State Library quarterly reports. • Seek funding from sources other than the State Library. • Research and prepare grants. • Develop and implement fundraising and public relations strategies. • Coordinate literacy services for the literacy coalition comprised of the Arcadia Public Library and South Pasadena Public Library. CITY OF ARCADIA CERTIFICATE OF SELF - INSURANCE The City of Arcadia certifies that the following self- insurance programs or insurance policies are in force: Type of Company and Policy Coverage Policy No. Period Comprehensive Self- Insured Indefinite General Liability for first Including Auto $100,000.00 Liability Workers' Compensation Self- Insured Indefinite O T H E R Limits of Liability Bodily Injury Property Damage $10,000,000.00 $300,000 No Coverage In the event cancellation of the self- insurance programs or policies designated below, it is the intent of the City of Arcadia to mail thirty (30) days' prior notice thereof to: This Certificate is not valid unless countersigned by an authorized representative of the City of Arcadia Risk Management Division. Date Signature For Information regarding the above self- insurance coverage's, please contact the Risk Manager at (626) 574 -5443.