HomeMy WebLinkAbout8.2 Library Maint&Operate CITY CLERK FILE # 600-40
AGEN DA STATEMENT
CITY COUNCIL MEETING DATE: September 3, 2002
SUBJECT: Agreement for Maintenance and Operation of the Dublin Library
Report by Diane Lowart, Parks & Community Services Director
ATTACHMENTS: 1) Agreement with County of Alameda
RECOMMENDATION: ~. _~~Authorize Mayor to exe:ute Agreement
FINANCIAL STATEMENT: The estimated cost to t e City for Fiscal Year 2002-2003 is $36,516;
sufficient funds are available in the Fiscal Year 2002-2003 Budget.
DESCRIPTION: Construction of the new Dublin Library is underway and the library
is scheduled to open in January 2003. Upon completion, the City will own the library building and related
improvements and the Alameda County Library will operate library-related activities in the building and
provide equipment related to the general operation of the library.
Staff has worked with the Alameda County Library to prepare an agreement that outlines the
responsibilities of both the City and the County in the maintenance and operation of the Library. The draft
Agreement is Attachment 1. The Agreement spells out the ownership of the building, furnishings,
equipment and collections, the allocation of space between the City and County, and the responsibility for
building maintenance, janitorial services and utilities. The Agreement also discusses the library services
to be provided by the Alameda County Library.
Ownership
The City owns the library building and related improvements, the furnishings, shelving, audiovisual
equipment and telephones for the community room and that portion of the collection that has been
purchased with City funds. The County owns the balance of the collection, the computer equipment
attached to the integrated automated system used for materials circulation, public catalogs, Internet access,
and acquisition and processing of materials; the telephone system; desensitizers for the security system;
check-in machines; cash registers; fax machines; listening stations; and all computer equipment placed in
the library facility as of December, 2002.
Allocation of Space
Upon opening, the County shall use 33,340 square footage (s.f.) of the Dublin Library solely for library
purposes. This includes 6,600 s.f. of unfinished area. The City shall schedule and manage 3,545 s.f. This
includes the 2,070 s.f. Community Room and adjacent kitchen and storage areas plus 1,575 s.f. of
unfinished area. When it is determined that the unfinished areas are needed for library purposes, the
Agreement will be amended reducing the total square footage that the City manages.
COPIES TO: Linda Wood, County Librarian
ITEM
F:\budget & cip 02-03\budget\cc 9-3 maintenance-operation agrnmt.doc .
Building Maintenance and Janitorial Services
The City is responsible for building maintenance including all building mechanical, electrical and
plumbing systems. The City is responsible for maintenance of the outside grounds as well as for all
interior and exterior portions of the building: The County shall provide janitorial services for the County
Library space and the City shall provide janitorial services for the Community Room, kitchen and storage
areas and the Common Areas of the Library.
Services Provided
The County shall provide all library services in a manner consistent with generally accepted library
principles and practices. This shall include the following: books and other library materials with the
amount allocated for annual purchases to be at least as great as the amount' expended by the County in
Fiscal Year 2001-2002; necessary computer equipment; processing and inventory services; educational
and informational programs; reference and information services; community related programs such as
story hours for children; administrative services; and personnel required to operate the library. The
County Library shall be responsible for policies and use of the Library Program Room and exhibit areas.
The Agreement shall remain in full force and effect unless terminated by either party. A written notice to
terminate is required at least 90 days prior to the intended termination date.
It is the recommendation of Staff that the City Council approve the Agreement for Maintenance and
Operation of the Dublin Library with the County of Alameda and authorize the Mayor to execute the
agreement.
AGREEMENT FOR MAINTENANCE AND OPERATION OF THE
DUBLIN LIBRARY
Agreement made this day of ,2002, by and between the City of
Dublin (hereinafter City), a municipal corporation, and the County of Alameda
(hereinafter County), a body corporate and politic of the State of California.
WITNESS
WHEREAS, the City of Dublin will complete construction of a new facility called
the Dublin Library on land owned by the City at the Dublin Civic Center; which land is
designated by the Alameda County Assessor as Parcel No. 1,2 and 3 as shown on
Exhibit A, attached hereto and referred to herein as the "library site."
WHEREAS, the facility is intended to be used as the primary site from which
library service is provided for residents of the City of Dublin; and
WHEREAS, pursuant to Education Code Section 19100, et seq., the Alameda
County Library has been organized; and
WHEREAS, the City is desirous of utilizing the services of the Alameda County
Library to operate library-related activities and to provide equipment related to the
general operation of the library; and
WHEREAS, this agreement does not change in any way other agreements
between the City of Dublin 'and the County of Alameda for library services which remain
in full force and effect, such agreements being 1) the Contract Agreement between the
City of Dublin and the County of Alameda for Additional Library Services and the
Purchase of Additional Library Materials for Fiscal Year 2001-2002 which was executed
on September 11, 2001, 2) subsequent annual contracts continuing additional library
services at the Dublin Library, and 3) the Agreement between the City of Dublin and the
County of Alameda for the Purchase of an Opening Day Collection of Library Materials
for the Dublin Library which was executed on December 18, 2001.
NOW, THEREFORE, in consideration of the mutual promises, covenants, and
agreements hereinafter set forth, the City and County mutually agree as follows:
1. Ownership of Library Materials Collection: The County owns all of the books,
periodicals, audio/visual materials, and other library materials which have been
purchased with County Library funds. The City owns all of the books,
audio/visual materials, and other library materials which have been and will be
purchased under the terms of the Agreement between the City and the County
for the PurChase of an Opening Day Collection of Library Materials for the Dublin
Library which was executed on December 18, 2001; all terms and conditions
pertaining to the City's ownership of those materials as defined in that Agreement
remain in full force and effect. Also, the City owns all of the books, audio/visual
materials, and other library materials purchased with City funds provided through
the terms of annual contract agreements with the County Library for the purchase
of additional library materials. All terms and conditions relating to the ownership
of these City-owned materials as expressed in the annual contracts remain in full
force and effect.
2. County Owned Equipment: The County owns all of the computer equipment
attached to the integrated automated system used for materials circulation, public
catalogs, Internet access, and the acquisition and processing of materials; the
telephone system; desensitizers for the security system; check-in machines for
the circulation system; cash registers; fax machines; listening stations; and all
computer equipment placed in the library facility as of December, 2002. The
County owns or provides through a lease with a vendor all photocopiers in the
building and all printers attached to the network and placed in the library facility
as of December, 2002. Subsequent purchases of equipment, furniture, and
shelving required by the County Library and purchased with County Library funds
shall be the property of the County.
3. Allocation of Space:. County Library shall use 33,340 sq. ft. of the Dublin Library
solely for library purposes. This figure includes 6,600 square feet of unfinished
area. City shall schedule and manage the 2,070 sq. ft. Community Room and its
adjacent kitchen and storage areas plus 1,575 square feet of unfinished area, for
a total of 3,645 sq. ft. managed by the City. Common areas are: entry lobby,
public restrooms, halls connecting the Community Room with the lobby and
public restrooms, and janitorial storage. The Common areas consist of 1,135 sq.
ft. When the unfinished areas are built out, the allocation of space will change
and this Agreement will be amended accordingly.
4. Building Maintenance: The City shall, at the City's own cost and expense, keep
and maintain said library premises in good order and repair during the term of
this agreement. Said maintenance shall include, but shall not be limited to:
a. All building mechanical, electrical, and plumbing systems, including
heating and air conditioning system, fire alarm, fire sprinklers, smoke
alarms, security system, and plumbing problems that require cleaning of
drain or sewer lines;
b. All grOunds and'facility parking lots, outdoor signage, landscaping, and
outdoor pest control;
c. All interior portions of the building, including carpet repair and/or
replacement, fixtures and appliances (including built-in refrigerator),
electrical system equipment (except computer systems and voice and
data equipment owned or leased by the County and microwave oven in
Staff Lounge), plumbing, windows, doors, interior painting, and interior
2
pest control. City shall in addition maintain lighting system. City will
purchase light bulbs, tubes, and ballasts, repair/replace ballasts as
required, and replace light bulbs and tubes that cannot be reached with a
six foot ladder; County's janitorial services will replace light bulbs and
tubes that can be reached with a Six foot ladder.
d. All exterior portions of the building, including roofing, painting, signage,
windows, exterior lighting, and graffiti removal.
5. Janitorial Services: County shall contract and provide janitorial services for
County Library space. City shall contract and provide janitorial services for the
Community Room, its kitchen and storage areas, and the Common Areas. City
shall contract and provide monthly carpet cleaning in high traffic areas for the
entire building. City shall be reimbursed by County for the Common areas based
on a formula relating to hours of use of each portion of the facility, adjusted
annually, and for carpet cleaning based on County's standard budget for carpet
cleaning, adjusted annually.
Said janitorial services for the Common areas shall include, but shall not be
limited to:
a. Cleaning of the Common areas, including the floors, after each day of use;
b. All necessary cleaning and dusting; mo~pping of floors; cleaning of
entrance doors, windows, and other glass surfaces;
c. Emptying wastepaper baskets and removing waste from building;
d. Unplugging facility toilets and sinks in restrooms; cleaning and disinfecting
bathroom fixtures, walls, floors and partitions; refilling all restroom
dispenser containers;
e. Replacing light bulbs and fluorescent tubes;
f. All expendable janitorial supplies (including but not limited to toilet paper,
paper towels) shall be replaced as needed;
g. Cleaning of interior graffiti;
h. Monthly floor and carpet cleaning beyond the daily cleaning.
6. Utilities: Utility charges shall be paid as follows:
a. Water: County shall pay for water for the building only; City shall pay
for water for the landscaping and grounds.
3
b. Gas: County shall pay for gas.
c. Electricity: County shall pay for electricity for the building only; City shall
pay for electricity for lights in the parking lot.
d. Telephone services. County shall pay for all telephone charges from the
building, including charges related to long distance service, telephone
maintenance and repair, and telephone equipment purchases, except that
the City shall pay any charges for a telephone or telephones placed in the
Community Room managed by the City.
e. Garbage disposal: City shall pay for garbage disposal.
7. Services Provided: The County shall provide all library services in a manner
consistent With generally accepted library principles and practices. Services to
be provided are determined by policies set by authority of the County Board of
Supervisors and by available budgeted funds. Said services shall include, but
not be limited to, providing the following: books and other library materials with
the amount allocated for annual purchases to be at least as great as the amount
expended by County in FY 2001-02; necessary computer equipment; processing
and inventory services; a wide range of educational and informational programs;
reference and information services; a wide range of community related programs
such as story hours for children; all administrative services; ali personnel
required to operate the library. The County Library shall be responsible for
policies and use of the Library Program Room and exhibit areas including any
exhibit areas in the Common areas. Priorities for use of the Library Program
Room shall be: first, by the County Library and library-related groups; second, by
the City; and third, by non-profit groups and community-based organizations
whose purposes are civic, cultural, or educational and in accordance with the
County Library's Policy for Use of Meeting Rooms in Libraries. The Library
Program Room shall not be available to non-profit groups and community-based
organizations during hours when the Library is closed to the public, except for
library-related groups.
8. Alterations: County shall not make, approve or facilitate any alterations of the
facility or the site or any part thereof except to move furniture and trade fixtures,
without the written consent of the City. Unless otherwise agreed to by the City,
any alterations shall be at the County's expense.
9. Building Condition: County agrees and hereby stipulates that upon occupancy
said premises are in good and tenable condition and fit for the purpose for which
it is intended. [Estimated date of occupancy - December 1, 2002.]
4
10. Reporting of Defects and Faults: County agrees to immediately report to City
any leaks, damage, breakage or repairs needed to maintain the facility and its
mechanical systems.
11. County Employees: All persons engaging in the performance of such services as
provided by the County pursuant to this Agreement shall be County employees
or contractors. The City shall not be liable for compensation or indemnity to any
County employee for injury or sickness arising out of his/her employment. In the
event that a court of competent jurisdiction or the California Public Employee
Retirement System (PERS) determines that City is responsible for any employer
and/or employee contributions for PERS retirement benefits on behalf of any
County employee or contractor providing services under this Agreement, County
shall indemnify, defend, and hold harmless City for these contributions, as well
as for payment of any penalties and interest thereon, which would otherwise be
the responsibility of the City.
12. Buildin.q Security: Responsibility for building security shall be as follows:
a. County shall be responsible for security and lock-up of library portion of
the facility.
b. County shall be responsible for security and lock-up of Common areas if
County Library employees are last to leave the facility.
c. City shall be responsible for security and lock-up of Community Room and
Common areas if Community Room is in use at the time the library closes
and County Library employees' work shifts end.
13. Insurance Requirements:
a. County shall provide and maintain comprehensive general liability
insurance or self insurance covering personal bodily injury and property
damage in an amount deemed appropriate by City. The County's
insurance shall cover the entire collection of library materials, both
County-owned and City-owned. [No less than $2,300,000 per
occurrence.]
b. City shall be responsible for providing all fire and casualty insurance in
amounts deemed appropriate by City for City-owned contents (other than
the collection of library materials) and the facility.
5
14. Hold-Harmless A,qreement:.
a. County agrees to indemnify, defend and hold harmless the City of Dublin,
its agents, officers and employees, from and against any liability, damage,
or losses of any nature which may be suffered by or secured against City
arising out of any negligent acts, errors, or omissions of County, its agents
or employees, excepting such injury or harm as may be caused by any act
or omission by City. The liability of County shall include, but not be limited
to, attorney's fees, bodily injury, death, personal injury or property
damage.
b. City agrees to indemnify, defend and hold harmless the County of
Alameda, its agents, officers and employees, from and against any
liability, damage, or losses of any nature whatsoever which may be
suffered by or secured against County arising out of any negligent acts,
errors, or omissions of City, its agents or employees, excepting such injury
or harm as may be caused by any act or omission by County. The liability
of City shall include, but not be limited to, attorney's fees, bodily injury,
death, personal injury or property damage.
15, COmpliance with Applicable Codes: County, at its sole cost and expense shall
comply with all the requirements of the municipal, state and federal authorities
now in force or which may hereafter be enforced pertaining to said County
services and shall faithfully observe, in the use of the premises, all municipal
ordinances and state and federal statutes now in force or which may hereafter be
enforced. The County shall not use the premises in any manner which
constitutes a public or private nuisance by statute.
City, at its sole cost and expense, shall be responsible for major structural
modifications to the building that may be required due to future changes in
municipal, state or federal codes.
16. Non-Transferable: The parties to this agreement shall not, voluntarily or
involuntarily, assign, hypothecate, encumber or transfer any interest in this
Agreement without prior written approval of the other parties.
17. Term of A.qreement: This Agreement shall remain in full force and effect unless
terminated by either party. Either party shall have the right to terminate the
Agreement for any cause provided that the party requesting the termination
provide the other party with a written notice of its intent to terminate. Said notice
shall be delivered at least 90 days prior to the intended termination date.
18. Surrender of Property After Term: County agrees to surrender said premises at
the expiration of this Agreement in the same condition as received, except for
reasonable use and wear, as provided in this Agreement.
6
19. 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 shall be deemed communicated as of three (3) days from
mailing. Mail notices shall be addressed as set forth below, but each party may
change its address by written notice and in accordance with this paragraph.
TO: City Manager TO: County Administrator
City of Dublin County of Alameda
100 Civic Plaza 1221 Oak Street
Dublin, CA 94568 Oakland, CA 94612
Alameda County Librarian
2450 Stevenson Blvd.
Fremont, CA 94538
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
date first above written.
cOUnTY OF ALAMEDA CITY Of DUBLIN
By: By:
President of the Board of Supervisors Mayor
County of Alameda
State of California
ATTEST: ATTEST:
By: By:
Clerk of the Board of Supervisors City Clerk
APPROVED AS TO FORM: APPROVED AS TO FORM:
By: By:
County Counsel City Attorney
7