HomeMy WebLinkAboutReso 98-09 Library Svcs AgmtRESOLUTION NO. 98-09
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 2009-2010
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 $672,264 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 terms and conditions are contained in the 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 7th day of July, 2009, by the following vote:
AYES: Councilmembers, Biddle, Hart, Scholz, and Mayor Pro Tem Hildenbrand
NOES: None
ABSENT: Mayor Sbranti
ABSTAIN: None ~ ~
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Mayor Pro Tem Hildenbrand
ATTE
City Clerk
Reso No. 98-09, Adopted 7-7-09, Item 4.2 Page 1 Of 2
AGREEMENT BETWEEN THE
CITY OF DUBLIN
AND
COUNTY OF ALAMEDA
FOR
ADDITIONAL LIBRARY SERVICES
FISCAL YEAR 2009-2010
The County of Alameda and the City of Dublin enter into this Agreement as
Follows
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; 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
TERMS AND CONDITIONS
1) Time Period This agreement will be in effect from July 1, 2009, to
June 30, 2010.
2) Services Described During the time period specified above, the County
agrees to provide 31 additional open hours per week of library service at the
Dublin Branch Library, excluding County observed holidays, in order to
maintain a total weekly schedule of open hours at the Dublin Branch Library
at 59 hours per week.
3) Payments The City of Dublin agrees to pay the County $672,264 in four (4)
quarterly installments as follows
September 30, 2009 $168,066.00
December 31, 2009 $168,066.00
March 31, 2010 $168,066.00
June 30, 2010 $168,066.00
Payments shall be due and payable on the dates stated above. In addition to
the amounts stated above, interest of 5% shall be payable, for any payment
which is 30 days overdue.
4) Extension All terms and conditions of this agreement may be extended, by
mutual agreement, on a year-to-year basis or as otherwise agreed to by the
parties, provided the amount paid by the City of Dublin to the County of
Alameda is adjusted annually to reflect increases/decreases to the costs
connected with providing the services.
5) Au~mentation~ The services provided through this Agreement and the
amount to be paid by the City of Dublin to the County of Alameda may be
augmented during the year, by mutual agreement, to reflect additional
City of Dublin funds and monies donated to the City of Dublin by groups,
other public agencies, and individuals for this purpose.
6) Periodic Activity Reports Activity reports will be provided by the County
Librarian to the Dublin City Council. Dublin City Council may request such
reports at any time.
7) Option to Terminate or Renegotiate A~reement~ In the event that either
party determines that it no longer has sufficient funding or staffing to meet
the obligations of this agreement, that. party may terminate or renegotiate
this Agreement by giving at least thirty (30} days written notice.
8) Status of Materials on Withdrawal Should the City of Dublin choose to
withdraw from the County Library within fifteen (15) years of June 30, 2005,
(or within 15 years of June 30, of any future fiscal year, if additional funds
are provided by the City in future years), the County and the City agree that
the materials purchased with these specified funds will be considered to be
the property of the City for purposes of negotiating a withdrawal agreement.
9) Liability
a) All persons employed in the performance of such services and functions
for City 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.
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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.
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.
10) Notices Notices pertaining to this agreement shall be sent to the following
CITI'~ COUNTY
City Manager
CITY OF DUBLIN
100 Civic Plaza
Dublin, CA 94568
IN WITNESS WHEREOF
President, Board of Supervisors
COUNTY OF ALAMEDA
Administration Building
1221 Oak Street
Oakland, CA 94612
County Librarian
ALAMEDA COUNTY LIBRARY
2450 Stevenson Boulevard.
Fremont, CA 94538
The parties hereto have executed this agreement the day and year first above
written, and County has hereunto caused its corporate name to be signed by its
President of the Board of Supervisors, who is hereunto duly authorized the day and
year f"first above written.
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CITY OF DUBLIN
By:
Mayor
Citv of Dublin
State of California
Date:
ATTEST
COUNTY OF ALAMEDA
By:
President of the Board of Supervisors
County of Alameda
State of California
Date
By: By:
City Clerk Clerk of the Board of Supervisors
APPROVED AS TO FORM APPROVED AS TO FORM
By: By:
City Attorney County Counsel
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6/5/09
S~\Contractti\2009\L009.2010 Dublin Librar~• Agreement .doc
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