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HomeMy WebLinkAboutItem 8.4 AlaCo LibraryMaintenan CITY CLERK FILE # 600-40 AGEN DA STATEMENT CITY COUNCIL MEETING DATE: September 17, 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 execute Agreemen~~'~ r~ FINANCIAL STATEMENT: The estimated cost to the 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 NO. _~~ C:kDocuments and Settings\toni\Local Settings\Temporary Internet Files\OLK4C\cc 9-17 maintenance-operation agrrnnt.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 c~)nsistent 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 Dubtin'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 ali 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. Buildin.q Maintenance: The City shall, at the City's own cost and expense, keep and maintain said library premises in good order and repair dudng 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 intedor 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; mopping of floors; cleaning of entrance doors, windows, and other gl~ss 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. Buildin.q 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. Reportin.q 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. Building 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 Agreement: 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 A~SF_SSO~'S MAR 9  ~ m .. ,nd ~tBer lands an~ ~OT ~ ~- .... ' ',s not a ~-'