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Home My WebLink About4.02 Library Services Agmtti~~ \ -~ 1 ~~ CITY CLERK File # ^~~~Q -~~ AGENDA STATEMENT CITY COUNCIL MEETING DATE: July 7, 2009 SUBJECT: ATTACHMENTS: RECOMMENDATION: b/ v FINANCIAL STATEMENT: 2009-2010 Contract for Services with the Alameda County Library Report by Diane Lowart, Parks & Community Services Director 1. Resolution approving an Agreement with County of Alameda for Additional Library Services for Fiscal Year 2009-2010 Adopt Resolution approving an Agreement with County of Alameda for Additional Library Services for Fiscal Year 2009-2010 Total Contract Cost 31 Additional Hours of Service $672,264 DESCRIPTION: The Dublin Public Library was opened to the public in April 2003. The library building and related improvements are owned by the City of Dublin. Through an agreement executed in October 2002, the Alameda County Library operates the library-related activities in the building and provides equipment related to the general operation of the library. The City of Dublin has consistently provided funding to the Alameda County Library in order to extend the number of hours that the library is open to the public. The Fiscal Year 2009-2010 Budget includes funding for 31 additional hours of service at the Dublin Library, which is the same level of service as Fiscal Year 2008-2009. The County has prepared a Contract Agreement for funding 31 additional hours of service at a cost of $672,264. Attachment 1 is a Resolution approving the Agreement between the City of Dublin and County of Alameda. The contract agreement is shown as an attachment to the Resolution. RECOMMENDATION: Staff recommends that the City Council adopt the Resolution approving an Agreement with County of Alameda for Additional Library Services for Fiscal Year 2009- 2010. COPY TO: Alameda County Library Page 1 of 1 ITEM NO. ~• C:\Documents and Settings\ChrisF\Local Settings\Temporary Internet Files\OLKFC\7-7 library contract (2).doc /u RESOLUTION NO. - 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 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 7th day of July, 2009. AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk Mayor ATTACHMENT 1 a~5 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 ~~5 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 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) 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. 2 u~5 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: CITY: 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 first above written. 3 ~~ 5 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 >>„~ G/5/09 S~AContracts\2009\L009-2010 Dublin Librar~~ Agreement .doc 4