A resolution approving the participation of the Metropolitan Government of Nashville and Davidson County in the Dolly Parton Imagination Library Project.

WHEREAS, Governor Phil Bredesen has set a goal for the State of Tennessee that every Tennessee child should be given a new book every month from their birth until they reach five years of age; and

WHEREAS, The Dollywood Foundation, a Tennessee nonprofit corporation, has created the Dolly Parton Imagination Library to promote early childhood educational development in communities across the United States that have agreed to join the Dolly Parton Imagination Library; and

WHEREAS, in those participating communities, The Dollywood Foundation mails a book each month to every child under the age of five whose parent or guardian has registered them to participate in the Dolly Parton Imagination Library; and

WHEREAS, in response to Governor Phil Bredesen's request and in furtherance of his early reading initiative that includes the expansion of the Dolly Parton Imagination Library to all counties in Tennessee, the Tennessee General Assembly appropriated $2,000,000 in the 2004-05 fiscal year budget for the purpose of funding the initial costs associated with the expansion of the Dolly Parton Imagination Library to all counties in Tennessee; and

WHEREAS, the Governor's Books From Birth Foundation (the "Governor's Foundation") has been organized as a private nonprofit corporation under the laws of the State of Tennessee for the purpose of the promotion and encouragement of reading by the children of the State of Tennessee; and

WHEREAS, the Governor's Foundation intends to seek grants from the State of Tennessee and donations from the citizens of Tennessee for the purpose of partnering with local sponsoring organizations in each county to offer the benefits of the Dolly Parton Imagination Library to all of the children of the State of Tennessee that are under the age of five; and

WHEREAS, prior to the award of such grants to the Governor's Foundation, the Tennessee Department of Education will manage the funds appropriated by the State of Tennessee for the purpose of funding the initial costs associated with the expansion of the Dolly Parton Imagination Library to all counties in Tennessee; and

WHEREAS, the Metropolitan Council would like to promote the early childhood educational development of all children in Nashville by participating in the Dolly Parton Imagination Library; and

WHEREAS, the Governor's Foundation, the State of Tennessee and Metropolitan Government of Nashville and Davidson County desire to set forth the terms under which the eligible children of Nashville will receive the benefits of the Dolly Parton Imagination Library.

NOW, THEREFORE, BE IT RESOLVED by the Metropolitan Council of the Metropolitan Government of Nashville and Davidson County, meeting in ____________________ session, this the _______ day of __________________, 2005, that:

SECTION 1. The Metropolitan Council hereby approves of the participation of Metropolitan Government of Nashville and Davidson County in the Dolly Parton Imagination Library on the following terms and conditions:

1. Description of the Program. Every child that resides in Nashville and that is under the age of five shall be eligible to receive a new book each month from the Dolly Parton Imagination Library (the "Imagination Library") after such child has been registered to participate in the Imagination Library so long as the requirements set forth herein are satisfied.

2. Local Sponsoring Organizations. The Metropolitan Government of Nashville and Davidson County will arrange for the funding of one-half (½) of the costs of implementing the Imagination Library in Nashville by contacting civic organizations, local businesses and governments, and other potential sources of funding within the County ("Sponsoring Organizations").

3. Shared Payment Responsibilities. The Dollywood Foundation will charge a fixed amount per child, per month for each child participating in the Imagination Library. The Governor's Foundation will be responsible for funding one-half (½) of the total monthly amount payable to The Dollywood Foundation for the monthly cost of providing books to the eligible and registered children of Nashville. The Sponsoring Organizations will be responsible for funding the remaining one-half (½) of the total amount payable to The Dollywood Foundation for the monthly cost of providing books to the eligible and registered children of Nashville. Notwithstanding the foregoing, prior to the Governor's Foundation receiving grants from the State of Tennessee, the Tennessee Department of Education will fund the one-half (½) amount otherwise payable by the Governor's Foundation.

4. Invoicing. Prior to the Governor's Foundation receiving grants from the State of Tennessee, the Dollywood Foundation will invoice the Sponsoring Organizations for their one-half (½) share of the monthly cost of the Metropolitan Government of Nashville and Davidson County participating in the Imagination Library and will invoice the Tennessee Department of Education for the remaining one-half (½) share of such cost. Once the Governor's Foundation has received grants from the State of Tennessee, The Dollywood Foundation will invoice the Governor's Foundation for one hundred percent (100%) of the monthly cost of the Metropolitan Government of Nashville and Davidson County's participation in the Imagination Library and the Governor's Foundation will invoice the Sponsoring Organizations in Nashville for their one-half (½) share of such costs.

5. Payment. The Sponsoring Organizations shall remit payment to The Dollywood Foundation or the Governor's Foundation, as the case may be, by electronic funds transfer no later than the 25th day of each month.

6. Registration of Participants. The Sponsoring Organizations will be responsible for organizing and coordinating the registration of the eligible children of Nashville to participate in the Imagination Library. The Sponsoring Organizations also will be responsible for arranging for the establishment and maintenance of a database that includes the name and address of each child in Nashville that is registered to participate in the Imagination Library and for monitoring the eligibility of registered participants in Nashville.

7. Delivery of Books. Prior to the 9th day of each month, the Sponsoring Organizations will provide The Dollywood Foundation with a written list of the names and addresses of all eligible children that are registered to participate in the Imagination Library for the following month. The Dollywood Foundation will arrange for the delivery of one book to each child so identified.

8. Returned Books. From time to time, a book addressed to a registered Imagination Library participant may be undeliverable due to an unknown addressee, or other reasons. The Sponsoring Organizations are responsible for ensuring that all Imagination Library books that are returned to a U.S. Post Office in Nashville as undeliverable are picked up on a regular basis, not less than monthly, and arranging for the delivery of such books to the appropriate Imagination Library participant, or if all delivery efforts have proved unsuccessful, taking possession of such undeliverable books and disposing of such books in a charitable manner that furthers early childhood development.

9. Default by Sponsoring Organizations. If the Sponsoring Organizations fail to provide a written list to The Dollywood Foundation prior to the 9th day of any month, the children of Nashville otherwise eligible to receive a book from the Imagination Library will not receive a book for the month following such failure. If the Sponsoring Organizations fail to remit the payment required of them by the 25th day of any month, the children of Nashville otherwise eligible to receive a book from the Imagination Library will not receive a book for the month following such failure. If any payment required of the Sponsoring Organizations has not been timely made for any month, the Governor's Foundation may, in its sole and absolute discretion, terminate the participation of the Metropolitan Government of Nashville and Davidson County in the Imagination Library. If the Sponsoring Organizations fail to fulfill their payment obligations as specified herein, the Metropolitan Government of Nashville and Davidson County will use its best efforts to arrange for payment from other Sponsoring Organizations.

SECTION 2. While the Metropolitan Government will have no financial obligations or liability as the result of this approval of participation, the Metropolitan Government, through its Public Library Board and staff, will attempt to find Sponsoring Organizations that can fulfill a Sponsoring Organization's payment and other obligations and seek replacements if a Sponsoring Organizing does not meet its obligations.

SECTION 3. BE IT FURTHER RESOLVED, that all resolutions of the Metropolitan Council of the Metropolitan Government of Nashville and Davidson County, Tennessee that are in conflict with this resolution are hereby repealed.

SECTION 4. BE IT FURTHER RESOLVED, that this Resolution take effect from and after its passage, the public welfare requiring it. This resolution shall be spread upon the minutes of the Metropolitan Government.

Sponsored by: Vivian Wilhoite, Lynn Williams, Carolyn Baldwin Tucker, Rip Ryman, Eric Crafton, Brenda Gilmore

Amendment No. 1
To
Resolution No. RS2005-695

Mr. President:

I move to amend Resolution No. RS2005-695 as follows:

1. By deleting Section 2 in its entirety.

2. By renumbering Section 3 as Section 2.

3. By renumbering Section 4 as Section 3.

Sponsored by: Vivian Wilhoite

LEGISLATIVE HISTORY
Referred:	Parks, Library, Recreation & Public   Entertainment Facility Committee
Introduced:	February 15, 2005
Amended:	February 15, 2005
Adopted:	February 15, 2005
Approved:	February 23, 2005
By: