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Item D22BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: August 20, 2003 Division:Community Services Bulk Item: Yes X No AGENDA ITEM WORDING: Department: Library Services Approval of Service Agreement between Monroe County and Generations on Line and authorization for County Administrator's signature. ITEM BACKGROUND: Monroe County Public Library has been nominated to receive "Generations on Line," a web -based, Internet training resource for Senior Citizens. Full funding for this innovative initiative is provided by the IBM Global Work/Life Fund and the AT&T Family Care Development Fund. Generations on Line is intended to break down the barriers of access, skill and intimidation for people over 65 who otherwise might not use the Internet. See attached AT&T press release for program specifics. BOCC approval is necessary to waive Article 10 of the Service Agreement regarding governing laws. _ PREVIOUS RELEVANT BOCC ACTION: None CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATIONS: — Approval he Layton RiL/ce, A i FDrec o` TOTAL COST: $0 BUDGETED: N/A COST TO COUNTY: $0 SOURCE OF FUNDS: REVENUE PRODUCING: Yes _ No X AMOUNT PER MONTH Year APPROVED BY: County Atty -4 DIVISION DIRECTOR APPROVAL: DOCUMENTATION: Included X DISPOSITION To Follow . Not Required AGENDA ITEM # MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Generations on Line® Contract # GoL Effective Date: Upon execution Expiration Date: Upon termination Contract Purpose/Description: Monroe County Public Library has been nominated to receive "Generations on Line," a web -based, Internet training resource for Senior Citizens. Full funding for this innovative initiative is provided by the IBM Global Work/Life Fund and the AT&T Family Care Development Fund. Generations on Line is intended to break down the barriers of access, skill and intimidation for people over 65 who otherwise might not use the Internet. See attached AT&T press release for program specifics. BOCC approval is necessary to waive Article 10 of the Service Agreement regarding governing laws. Contract Manager: Betty Sammis 3595 Library Services, Stop #6 (Name) (Ext.) (Department/Stop #) for BOCC meeting on 08/20/03 Agenda Deadline: 08/05/03 CONTRACT COSTS Total Dollar Value of Contract: $0 Current Year Portion: $ 0 Budgeted? Yes❑ No ® Account Codes: - - - - Grant: $ County Match: $ 0 ADDITIONAL COSTS Estimated Ongoing Costs: $0 /yr For: of included in dollar value above e . maintenance, utilities, janitorial, salaries, etc. CONTRACT REVIEW Changes Date Out DateI In / Re ie Division Director g / 03 Needed_ Yes No $ p, j Risk Management 9/403 Yes❑ No2--**, V� 10,3 O.M.B./Purchasing Yes[—] No Alea County Attorney 9/11/63 Yes❑ No❑ OMB Form Revised 2/27/01 MCP #2 Generations on Line® Service Agreement Grant Funding for this innovative initiative is provided by the IBM Global Work/Life Fund and the AT&T Family Care Development Fund This Service Agreement (the "Agreement") is made between Generations on Line ("GoL") and the facility or other entity listed below (the "Facility") and is dated as the date listed below (the "Effective Date"). In consideration of the mutual promises and covenants set forth below, and intending to be legally bound, the parties agree as follows: 1. Services. GoL agrees to provide access to its Internet site, the primary home page for which is located at <http://www.generationsonline.com> (the "Site"), to the elderly population served by the Facility (the "Facility Population"). GoL will provide free email services as well as the use of applications within the Site to the Facility Population. GoL will provide its then - current support by telephone or in person to an individual chosen by the Facility ("Contact"). 2. Materials. GoL will provide the Facility with a set of educational materials, including an administrator's kit, which includes a book of frequently -asked questions, keyboard tip sheet, educational monitor frame, posters, table tent cards, pamphlets, email address books and feedback forms (the "Materials"). GoL grants the Facility a non-exclusive, nontransferable license to use, display and reproduce the Educational Materials for use at its Facility. 3. Fees. There is no charge to the Facility for the GoL services and Materials. 4. Conditions. The Facility agrees to make the Site available for the use of the Facility Population at no charge in a location that is easily accessible. The Facility agrees that during the term of this Agreement, GoL may reference the Facility in GoL's literature and marketing materials. 5. Privacy. GoL respects the privacy rights of individuals who use the Site as a means to access and use the Internet. This respect for individual privacy is reflected in GoL's Privacy Policy. GoL reserves the right to modify its Privacy Policy by posting a revised Privacy Policy on the Site. 6. Term and Termination. The term of this Agreement shall commence on the Effective Date and, unless earlier terminated, shall continue in full force and effect for so long as the Site is operational. Either party may terminate this Agreement (a) immediately upon a material breach of this Agreement by the other party, or (b) at any time upon not less than 15 days prior written notice. 7. Disclaimer of Warranties and Limitation of Liability. EACH PARTY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT (INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON -INFRINGEMENT, OR ANY IMPLIED WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE). NEITHER PARTY WARRANTS THAT ITS SERVICES WILL BE UNINTERRUPTED OR ERROR -FREE. NEITHER PARTY WILL HAVE ANY LIABILITY FOR ANY INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY, AND EACH 1-PWI S60428.2 PARTY'S AGGREGATE LIABILITY FOR ANY CLAIMS ARISING UNDER THIS AGREEMENT SHALL NOT EXCEED $250. 8. Assignment. The Facility shall not assign this Agreement or any of its rights or obligations hereunder (whether by operation of law or otherwise) without GoL's prior written consent, which shall not be unreasonably withheld. 9. Notices. All notices and other communications hereunder shall be in writing, addressed to the contact listed below, and shall be deemed to have been duly given when delivered in person, by telecopy, or by registered or certified mail (postage prepaid, return receipt requested), or by overnight courier service to the respective parties at the addresses stated below, or to such other address as the party to whom notice is given may have previously furnished to the others in writing in the manner set forth above. 10. Governing Law. This Agreement shall be governed by, and construed in accordance with, the law of the Commonwealth of Pennsylvania without reference to its choice of law or conflicts of law rules. In Witness Whereof, the parties have duly executed and delivered this Agreement as of the Effective Date. Effective Date: Fees: None. Notes: None. "GoL" Name Generations on Line by Name Tobey Gordon Dichter Title CEO and Founder Address 1017 Clinton Street City, state, Philadelphia, PA Zip 19107 Phone 215 222 6400 Fax No. 215 222 6401 email tobeydichter@att.net Contact Lisa van der Laag Title Marketing Director , 2003 "Facility" Name Monroe County Board of County Commissioners By Name Print and Signature Title Address City, State, Zip c/o Betty Sammis, Monroe Co. Public Library 700 Fleming Street Key West, FL 33040 Phone 305 292 3595 Fax No. 305 295 3626 email Sammis-Betty@monroecounty-fl.gov Contact Betty Sammis Title Headquarters Library Administrator MONROE COUNTY ATTORNEY 41"QTANT OVED T M: SUZANNE.HUTTON 70PINEY 1-PIV 1560428.2 Y AT&T News Release, 2003-04-10, IBM, AT&T Employees Help Seniors Use the Internet at 135 ... Page 1 of 2 News Release AW Editor's note: This is a joint release by AT&T, IBM, Generations on Line and SeniorNet. FOR RELEASE THURSDAY, APRIL 10, 2003 IBM, AT&T Employees Help Seniors Use the Internet at 135 Libraries and Centers in More Than 30 States PHILADELPHIA, April 10 -- AT&T and IBM have tapped their employees to help bring access to the Internet - - and knowledge of how to use it -- to senior citizens around the country. Last year, the two companies collaborated to sponsor a $660,000 grant to Generations on Line and SeniorNet, Inc. Since then, more than 130 AT&T and IBM employees have suggested libraries, senior centers and nursing homes in communities in 30 states where their parents or grandparents live to receive Generations on Line, a free simplified Internet program created exclusively for seniors. Funding for this unique initiative is provided by the IBM Global Work/Life Fund and the AT&T Family Care Development Fund. The AT&T Family Care Development Fund is a joint project of AT&T, the International Brotherhood of Electrical Workers (IBEW), and the Communications Workers of America (CWA). As a result of employee involvement,135 new facilities now offer this program free to IBM and AT&T relatives and other seniors. Sixty-five libraries, nursing homes and senior centers have added Generations on Line to their facilities. "We are a small community that has had a lot of interest in Generations on Line," said Barbara Winter at the Pipestone Senior Center in Minnesota. "We've had a lot of positive feedback about Generations on Line and have a couple of people who come in everyday to use it and they love it. I think,it's great because it is so simple for the seniors to use." Carol Fjellanger is the IBMer who nominated the Senior Center in Pipestone, MN, her mother's community, to receive the Generations on Line software. Pipestone is about 180 miles from where Fjellanger lives in Rochester, MN. The Generations on Line program makes it possible for elders, such as Fjellanger's mother, to stay in touch with family members who do not live nearby -- in this case, two children, five grandchildren and 12 great grandchildren. "Now she wants her own computer so she doesn't have to go to the Senior Center to send her e-mails!" says Fjellanger proudly. In addition, 70 SeniorNet sites have added Generations on Line to their computer learning centers. Ann Wrixon, President and CEO of SeniorNet said, "When I walked into the SeniorNet Learning Center in Jaspar, Arkansas, which is in the middle of the Ozarks -- an extremely rural community -- there was the Generations on Line computer right in the middle of the lobby with 3 seniors crowded around it." Dr. Joseph Romano, AT&T Human Resources Vice President -- Health Affairs said, "We're pleased to be associated with such a worthwhile program, and we're happy that, in many communities throughout the U.S., our employees and their families are benefiting from it." Tobey Dichter, founder and CEO of Generations on Line, estimates that more than 8,000 seniors have overcome their fear of computers through this simplified program. "This grant is an example of corporate leadership recognizing the needs of employees with older family members as well as the importance to those employees of AT&T News Release, 2003-04-10, IBM, AT&T Employees Help Seniors Use the Internet at 135 ... Page 2 of 2 staying connected with their elder relatives." Generations on Line (www.generationsonline.org) is a nonprofit program launched in September 2000 and is now in more than 670 senior centers, nursing homes, retirement communities, subsidized housing units and public libraries in 46 states and Canada. Through clear, step-by-step, on -screen directions in large type, the ad - free program guides elderly computer novices through the basics. Generations on Line provides free, simplified email service and, through a partnership with A1taVista.com, enables a user to "surf the Net" in 25 languages. The program, available only to institutions, also includes the opportunity for seniors to respond to children's questions about the past, and links to other sites. Generations on Line is intended to break down the barriers of access, skill and intimidation for 21 million people over 65 who otherwise might not use the Internet. SeniorNet (www.seniornet.org) is the world's premier technology trainer and online community for adults over 50. Based in San Francisco and founded in 1986, SeniorNet is a major international organization that has taught hundreds of thousands of older adults to use computers and the Internet and has enriched the lives of millions through its website. With a thriving online community and a network of more than 240 locally run Learning Centers in the U.S. staffed by more than 6,000 volunteers, SeniorNet offers both offline and online destinations to a population that was originally neglected in the information revolution. Many of SeniorNet's partners and sponsors, which include major corporations and foundations, underwrite and co -brand areas of the SeniorNet website as a way to market their products and services to the coveted 50+ segment. More information can be found at www.seniomet.org and www.generationsonline.org. http://www.att.com/news/iteni/O,l 847,11567,00.html