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HomeMy WebLinkAbout4.04 AdditionalLibarySvsAgmt ... CITY CL~K File # Dr0lf,(5l[Z2-~[QJ . AGENDA STATEMENT CITY COUNCIL MEETING DATE: July 7, 1998 SUBJECT: Agreement with Connty of Alameda for Additional Library Services. Report by: Diane Lowart, Parks & Commnnity Services Director EXHIBITS ATTACHED: A. Contract Agreement B. Resolution Approving Agreement RECOMMENDATION: ~ u\i/AdoPt Resolution '.\ FINANCIAL STATEMENT: Cost to the City for Fiscal Year 1998-99 is $224,247 DESCRIPTION: At the lnne 29, 1998 meeting of the Dublin City Conncil, the Council approved the Fiscal Year 1998-99 Budget and Financial Plan which included funding for an average of 14 hours of additional library service at the Dublin Branch of the Alameda County Library. The additional hours of library service are as follows: seven (7) additional hours each Monday, excluding County observed holidays, from 1:00 p.m. to 8:00 p.m., five (5) additional hours each Wednesday, _excluding County observed holidays, from 1:00 p.m. to 6:00 p.m. and four (4) additional hours alternate WJSaturdays, excluding Connty observed holidays, from 12 noon to 4:00 p.m. The proposed contract agreement for additional library services is attached in Exhibit A. The cost to the City for Fiscal Year 1998-99 is $224,247. Included in the agreement is a provision whereby the City or the Connty has the option to terminate or renegotiate the contract in the event that there are changes in the amount of available funding or levels of service. It is the recommendation of Staff that the City Conncil adopt the resolution in Exhibit B which approves the contract agreement with the County of Alameda for additional library services. ~------------------------------------------------------------------ COPIES TO: Alameda County Library 4.4 ITEM NO. F:\bdgt9899\cclib 77 .doc . . . CONTRACT AGREEMENT BETWEEN THE CITY OF DUBLIN AND THE COUNTY OF ALAMEDA FOR ADDITIONAL LIBRARY SERVICES INTENT 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 members of the Dublin City Council have authorized funding for the increases in staffing and utility costs required to open the Dublin Branch an average of 14 additional hours for a total of 34 open hours per week; therefore, The City of Dublin and the County of Alameda agree to provide an average of 14 additional hours per week of Library services at the Dublin Branch of the Alameda County Library system subject to the following terms and conditions. TERMS AND CONDITIONS 1) Effective Dates: This contract will be in effect from July 1, 1998 to June 30, 1999. 2) Services Described: The County of Alameda agrees to provide an average of 14 additional hours per week of library services at the Dublin Branch Library from July 1, 1998 through June 30, 1999 as follows: seven (7) additional hours each Monday, excluding County observed holidays, from 1 :00 p.m. to 8:00 p.m., five (5) additional hours each Wednesday, excluding County observed holidays, from 1 :00 p.m. to 6:00 p.m. and four (4) additional hours alternate Saturdays, excluding County observed holidays, from 12 noon to 4:00 p.m. 3) Payments: The City of Dublin agrees to pay the County of Alameda $224,247 in four (4) quarterly installments as follows: September 30, 1998 - $56,061.75 December 31, 1998 - $56,061.75 March 31, 1999 - $56,061.75 June 30, 1999 - $56,061.75 -1- EXHIBIT A 4) Extension: 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 Reneaotiate 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) Liability: 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- . . . CONTRACT AGREEMENT BETWEEN THE CITY OF DUBLIN AND THE COUNTY OF ALAMEDA FOR ADDITIONAL LIBRARY SERVICES INTENT 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 members of the Dublin City Council have authorized funding for the increases in staffing and utility costs required to open the Dublin Branch an average of 14 additional hours for a total of 34 open hours per week; therefore, The City of Dublin and the County of Alameda agree to provide an average of 14 additional hours per week of Library services at the Dublin Branch of the Alameda County Library system subject to the following terms and conditions. TERMS AND CONDITIONS 1) Effective Dates: This contract will be in effect from July 1, 1998 to June 30, 1999. 2) Services Described: The County of Alameda agrees to provide an average of 14 additional hours per week of library services at the Dublin Branch Library from July 1, 1998 through June 30, 1999 as follows: seven (7) additional hours each Monday, excluding County observed holidays, from 1 :00 p.m. to 8:00 p.m., five (5) additional hours each Wednesday, excluding County observed holidays, from 1 :00 p.m. to 6:00 p.m. and four (4) additional hours alternate Saturdays, excluding County observed holidays, from 12 noon to 4:00 p.m. 3) Payments: The City of Dublin agrees to pay the County of Alameda $224,247 in four (4) quarterly installments as follows: September 30, 1998 - $56,061.75 December 31, 1998 - $56,061.75 March 31, 1999 - $56,061.75 June 30, 1999 - $56,061.75 -1- EXHIBIT A 4) Extension: 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 Activitv 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 Reneaotiate 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) Liabilitv: 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- . . . 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 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 of1:he Board of Supervisors, who is hereunto duly authorized the day and year first above written. CITY OF DUBLIN By: Mayor City of Dublin State of California Date: ATTEST: By: City Clerk APPROVED AS TO FORM By: City Attorney a:\dub1998-99c COUNTY OF ALAMEDA By: President of the Board of Supervisors County of Alameda State of California Date: By: Clerk of the Board of Supervisors APPROVED AS TO FORM By: County Counsel -3- RESOLUTION NO. ~ 98 .-. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********* . APPROVING A CONTRACT WITH THE COUNTY OF ALAMEDA FOR ADDmONAL LmRARY SERVICES DURING FISCAL YEAR 1998-99 WHEREAS, the City of Dublin and the Alameda County Library are desirous of providing quality library services to residents of the City of Dublin; and WHEREAS, the services provided at'the Dublin Library have been historically reduced by the County due to lack of funding; and WHEREAS, the City Council of the City of Dublin wishes to provide additional funds in order that the Library may be open on Monday from 1 :00 p.m. to 8:00 p.m., Wednesday from 1 :00 p.m. to 6:00 p.m., and alternate Saturdays from 12 noon to 4:00 p.m.; and WHEREAS, the Dublin City Council has allocated sufficient funds for Fiscal Year 1998-99 to maintain the additional hours of Library Service to the residents; and WHEREAS, the County of Alameda has agreed to provide the additional Library hours at the Dublin Branch of the Alameda County Library System. NOW, TIffiREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby . approve the attached Agreement between the City of Dublin and the County of Alameda for additional Library Services and further authorizes the Mayor to execute said agreement. PASSED, APPROVED AND ADOPlED this 7th day of July, 1998. AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk . EXHIBIT B