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HomeMy WebLinkAboutReso 108-10 Library Svcs AgmtRESOLUTION NO. 108 - 10 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 2010-2011 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 $385,959 in funding for the increases in staffing and utility costs required to open the Dublin Branch an average of 17 additional hours for a total of 45 open hours per week; 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. PASSED, APPROVED, AND ADOPTED this 20th day of July, 2010, by the following vote: AYES: Councilmembers Biddle, Hart, Hildenbrand, Scholz, and Mayor Sbranti NOES: None ABSENT: None ABSTAIN: None ~~ ,%, , ~6~XI~ Mayor ATTEST: ~ i ~~ City Clerk Reso No. 108-10, Adopted 7/20/10, Item 4.2 Page 1 of 1 AGREEMENT BETWEEN THE CITY OF DUBLIN AND COUNTY OF ALAMEDA FOR ADDITIONAL LIBRARY SERVICES FISCAL YEAR 2010-2011 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 17 additional hours for a total of 45 open hours per week; therefore, The City of Dublin and the County of Alameda agree to provide an average of 17 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, 2010, to June 30, 2011. 2) Services Described~ During the time period specified above, the County agrees to provide 17 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 45 hours per week. 3) Pa_yments= The City of Dublin agrees to pay the County $385,959 in four (4) quarterly installments as follows~ September 30, 2010 $96,489.75 December 31, 2010 $96,489.75 March 31, 2011 $96,489.75 June 30, 2011 $96,489.75 Payments shall be due and payable on the dates stated above. In addition to the amounts stated above, interest of one percent (1%) monthly 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) Augmentation~ 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 Activit~ports~ 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 Agreement~ 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) 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. Except as herein otherwise speci£'ied, 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 2 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. e) The provisions in this Section 8 shall apply only to liability arising out of the performance by the Parties' of their obligations under this agreement 9) Notices~ Notices pertaining to this agreement shall be sent to the following~ CITY~ City Manager CITY OF DUBLIN 100 Civic Plaza Dublin, CA 94568 IN WITNESS WHEREOF~ COUNTY~ President, Board of Supervisors COUNTY OF ALAMEDA Administration Building 1221 Oak Street Oakland, CA 94612 County Librarian AT,AMEDA 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 first above written. 3 CITY OF DUBLIN ~--- . Y~ ity Manager City of Dublin State of California COUNTY OF ALAMEDA gy: President of the Board of Supervisors County of Alameda State of California Date~ ~' ~ Date~ ATTEST~ B ~ ~~ ~l/ V B Y~ Y~ City Clerk APPROVED AS TO FORM Clerk of the Board of Supervisors APPROVED AS TO FORM By~ By~ ' y Attorney County Counsel ~~ 3/25/10 S=\Contracts\2010/Oll Dublin Librazy Agreement .doc 4