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Home My WebLink About4.13 Amend Agrmt Library CITY CLERK File# 600-40 AGEN DA STATEMENT CITY COUNCIL MEETING DATE: August 5, 2003 SUBJECT: 2003-2004 Contract for Services with the Alameda County Library Report by Diane Lowart, Parks & Community Services Director ATTACHMENTS: 1) Revised Contract Agreement with County of Alameda RECOMMENDATION: ~ Authorize Mayor to execute Agreement FINANCIAL STATEMENT: Total Contract Cost - $439,018 DESCRIPTION: At the July 15, 2003 meeting of the Dublin City Council, the Council approved and authorized the Mayor to execute an agreement with the County of Alameda for additional library services for Fiscal Year 2003-2004. The agreement provides that the County will provide an average of 23 additional hours per week of library services at the Dublin Branch Library. The cost to the City for these additional hours is $439,018. Since that meeting, the County Counsel for the County of Alameda has added amended language to the agreement as shown in Section 7, Sub-section D of Attachment 1. The amended language does not change the overall intent of the original agreement. Consequently it is necessary for the City Council to reconsider the agreement with this amended language. It is Staff's recommendation that the City Council approve the revised contract agreement and authorize the Mayor to execute the agreement. COPIES TO: Linda Wood, County Librarian ITEM NO. G:\COUNCIL~Agenda StatementsL2003\8-5 library contract.doc / 'C,~;~ :~ CONTRACT AGREEMENT BETWEEN THE CITY OF DUBLIN AND THE COUNTY OF ALAMEDA FOR ADDITIONAL LIBRARY SERVICES FISCAL YEAR 2003-04 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 23 additional hours for a total of 45 open hours per week, and The City of Dublin and the County of Alameda agree to provide an average of 23 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 ) Effective Dates: This contract will be in effect from July 1,2003 to June 30, 2004. 2) Services Described: The County of Alameda agrees to provide an average of 23 additional hours per week of library services at the Dublin Branch Library as follows: eight (8) additional hours each Monday, excluding County observed holidays, from 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 alternate Saturdays, excluding County observed holidays, from 12 noon to 4:00 p.m., and four (4) additional hours each Sunday, excluding County observed holidays, from 1:00 p.m. to 5:00 p.m. The cost for these additional hours is $439,018. 3) Eay. zzteats: The City of Dublin agrees to pay the County of Alameda $439,018 in four (4) quarterly installments as follows: September 30, 2003 - $109,754.50 December 31,2003 - $109,754.50 March 31, 2004 - $109,754.50 June 30, 2004 - $109,754.50 1 4) ~ All terms and conditions of this contract may be extended, by mutual agreement, on a year-to-year basis, 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) 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. 6) Option to Terminate or Renegotiate Contract: This contract is predicated on the assumption that library service levels will remain constant. Should any circumstance arise which changes both County Library funding levels and levels of service, either party shall have the right to terminate or renegotiate this agreement by giving at least thirty (30) days written notice. 7) 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, wages, 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 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. 2 d) The City will 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 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. 8) ~ 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. CITY: COUNTY: City Manager President, Board of Supervisors CITY OF DUBLIN COUNTY OF ALAMEDA 100 Civic Plaza Administration Building Dublin, CA 94568 1221 Oak Street Oakland, CA 94612 County Librarian ALAMEDA COUNTY LIBRARY 2450 Stevenson Blvd. Fremont, CA 94538 3 IN WITNESS WHEREOF: 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. CITY OF DUBLIN COUNTY OF ALAMEDA By: By: Mayor President of the Board of Supervisors City of Dublin County of Alameda State of California State of California Date: Date: ATTEST: By: By: City Clerk Clerk of the Board of Supervisors APPROVED AS TO FORM APPROVED AS TO FORM By: By: City Attorney County Counsel LMW/pmsf 7/22103 S:\Contracts\Dublin 2003 04 Contract.doc 4