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HomeMy WebLinkAboutReso 121-08 Library Svcs FY 08-09 RESOLUTION NO. 121 - 08 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********* APPROVING AN AGREEMENT WITH COUNTY OF ALAMEDA FOR ADDITIONAL LIBRARY SERVICES FOR FISCAL YEAR 2008-2009 WHEREAS, current funding level for County Library services prevents increasing the number of open hours per week at the Dublin Branch of the Alameda County Library system; and WHEREAS, the citizens of Dublin wish to have the Dublin Branch Library open more than the County funded hours per week; and WHEREAS, the Dublin City Council has authorized $681,715 in funding for the increases in staffing and utility costs required to open the Dublin Branch an average of 31 additional hours for a total of 59 open hours per week; and WHEREAS, the members of the Dublin City Council desire to provide support for additional library materials at the Dublin Library; and WHEREAS, the Dublin City Council has authorized $35,000 in funding for additional library materials to be purchased by the Alameda County Library sys:em for the Dublin Branch Library; and WHEREAS, the terms and conditions are contained in attached Contract Agreement. NOW, THEREFORE, BE IT RESOLVED that the City of Dublin does approve the agreement with County of Alameda, attached hereto as Exhibit A. PASSED, APPROVED AND ADOPTED this 26th day of June, 2008, by the following vote: AYES: Councilmembers Hildenbrand, Oravetz, Sbranti and Scholz, and Mayor Lockhart NOES: None ABSENT: None ABSTAIN: None ATTEST: /? ~{ .rM- Deputy City Clerk Reso No. 121-08, Adopted 6/26/08, Item 4.2 Page 1 of 1 CONTRACT AGREEMENT BETWEEN THE CITY OF DUBLIN AND THE COUNTY OF ALAMEDA FOR ADDITIONAL LIBRARY SERVICES FISCAL YEAR 2008-09 INTENT WHEREAS, current funding level for County Library services prevents increasing the number of open hours per week at the Dublin Branch of the Alameda County Library system, and WHEREAS, the citizens of Dublin wish to have the Dublin Branch Library open more than the County-funded hours per week, and WHEREAS, the Dublin City Council has authorized funding for the increases in staffing and utility costs required to open the Dublin Branch an average of 31 additional hours for a total of 59 open hours per week, and WHEREAS, the members of the Dublin City Council desire to provide support for additional library materials at the Dublin Library, and WHEREAS, the members of the Dublin City Council have authorized funding of $35,000 for library materials; therefore, The City of Dublin and the County of Alameda agree to provide an average of 31 additional hours per week of Library services at the Dublin Branch of the Alameda County Library system, subject to the following terms and conditions, and The City of Dublin agrees to provide $35,000 for additional library materials to be purchased by the Alameda County Library system for the Dublin Branch Library, subject to the following terms and conditions. TERMS AND CONDITIONS 1) Effective Dates: This contract will be in effect from July 1, 2008, to June 30, 2009. 2) Services Described: The County of Alameda agrees to provide an average of 31 additional hours per week oflibrary services at the Dublin Branch Library as follows: eight (8) additional hours each Monday, excluding County-observed holidays, from 12:00 (noon) to 8:00 p.m., nine (9) additional hours each Wednesday, excluding County observed holidays, from 10:00 a.m. to 7:00 p.m., four (4) additional hours on alternate Saturdays, excluding County-observed holidays, from 12:00 (noon) to 4:00 1 9) Liability: a) All persons employed in the performance of such services and functions for City of Dublin shall be County employees, and no City employees, as such, shall be taken over by the County and no person hereunder shall have any City pension, Civic service, or other status or right. b) The City shall not be called upon to assume any liability for the direct payment of any salary, wage, or other compensation to any County personnel performing services hereunder for the City, or any liability other than that provided for in this agreement. Except as herein otherwise specified, the City shall not be liable for compensation or indemnity to any County employee for injury or sickness arising out of his/her employment. c) The County will assume liability and pay cost of defense and hold the City harmless from loss, costs, or expenses caused by the negligent or wrongful act or omission of County officers, agents, and employees occurring in the performance of agreements between the parties hereto to the extent that such liability is imposed on the City by the provisions of Section 895.2 of the Government Code of the State of California. In addition, when liability arises pursuant to Section 830 et seq., of the Government Code, by reasons of a dangerous condition of public property of the County, the County shall assume liability and pay cost(s) of defense and hold the City harmless from loss, costs, or expenses caused by the negligent or wrongful act or omission of County officers, agents, and employees, whether or not arising in the performance of an agreement between the parties hereto. d) The City will assume liability and pay costs of defense and hold the County harmless from loss, costs, or expenses caused by the negligent or wrongful act or omission of City officers, agents, and employees occurring in the performance of agreements between the parties hereto to the extent that such liability is imposed on the County by the provisions of Section 895.2 of the Government Code of the State of California. In addition, when liability arises pursuant to Section 830 et seq., of the Government Code, by reasons of a dangerous condition of public property of the City, the City shall assume liability and pay cost of defense and hold the County harmless from loss, costs, or expenses caused by the negligent or wrongful act or omission of City officers, agents, and employees, whether or not arising in the performance of an agreement between the parties hereto. 10) Notices: Unless otherwise provided herein, any notice to be given hereunder by any party to the other may be effected by personal delivery in writing or by registered or certified mail, postage prepaid, return receipt requested, unless sooner received, and 3