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Home My WebLink AboutItem 4.07 AlmedaCtyLibraryContr CITY CLERK File # DI</.JlØ][Q]-fLÂ!ðJ AGENDA STATEMENT CITY COUNCIL MEETING DATE: August 3, 2004 SUBJECT: 2004-2005 Contract for Services with the Alameda County Library Report by Diane Lowart, Parks & Community Services Director ATTACHMENTS: 1) Contract Agreement with County of Alameda RECOMMENDATION: \)] f)v. 75 FINANCIAL STATEMENT: Authorize Mayor to execute Agreement Total Contract Cost - $468,981 DESCRIPTION: At the City Council's Fiscal Year 2004-2005 Budget Hearing, the City Council approved funding for 23 additional hours of service at the Dublin Library as well as funding for library materials. The County has prepared the attached contract agreement for funding 23 additional hours of service at a cost of $438,981. The contract agreement also provides for funding of library materials at a cost of $30,000. Thus, the total cost to the City for Fiscal Year 2004-2005 is $468,981. It is Staffs recommendation that the City Council approve the contract agreement and authorize the Mayor to execute the agreement. ------------------------------------------------------------------------------------------------------------- COPIES T~~\' Wood, COOoly Lib"oi:TEM NO. ß \\Fileserverl \pcs\COUNCIL\Agenda Statements\2004\cc 8-3-04 library contract.doc tI 1'6l)6 CONTRACT AGREEMENT BETWEEN THE CITY OF DUBLIN AND THE COUNTY OF ALAMEDA FOR ADDITIONAL LIBRARY SERVICES FISCAL YEAR 2004-05 INTFNT 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 WHEREAS, the members of the Dublin City Council desire to provide support for additional library materials at the Dublin Library, and WHEREAS, the members of the Dublin City Council have authorized funding of $30,000 for library materials; therefore, 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 The City of Dublin agrees to provide $30,000 for additional library materials to be purchased by the Alameda County Library system for the Dublin Branch Library subject to the following terms and conditions. TFRM~ ANn r.ONntTIONS 1} FffAdive D~tA~· This contract will be in effect from July 1,2004 to June 30, 2005. 2} ~Arvices nA~r.rihAd' 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) 1 13 .. ~...o + 1..\ l A+~n1t~V)·+ J ~VbS 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 $438,981. The County of Alameda agrees to provide the following services for the Dublin Library: $30,000 in additional library materials and agrees to acquire, catalog and process these materials. The $30,000 for library materials will be spent 60% for adult materials, 30% for children's materials, and 10% for young adult materials. 3) PAyments· The City of Dublin agrees to pay the County of Alameda $468,981 in four (4) quarterly installments as follows: September 30, 2004 - $117,245.25 December 31,2004 - $117,245.25 March 31,2005 - $117,245.25 June 30,2005 - $117,245.25 4) Fxten~inn· 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 Adivity Repnrts' 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) Optinn tn TerminAte or RenegotiAte r.nntract" 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) I ibrary MAterial~ Order Infnrmatinn· The Library will provide to the City of Dublin lists of titles and list price information as verification of library materials purchased. Books will also be identified by bookplates as having been purchased with funds from the City of Dublin. 8) RtAtus nf MateriAls on WithdrAwAl: Should the City of Dublin choose to withdraw from the County Library within fifteen 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 funds will be considered to be the property of the City for purposes of negotiating a withdrawal agreement. 2 ~úfJb 9) I ¡ability· 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. 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, cåsts 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. 3 t.f 1J b 10) NotiC'.As· 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 CITY OF DUBLIN 100 Civic Plaza Dublin, CA 94568 President, Board of Supervisors COUNTY OF ALAMEDA Administration Building 1221 Oak Street Oakland, CA 94612 County Librarian ALAMEDA COUNTY LIBRARY 2450 Stevenson Blvd. Fremont, CA 94538 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 Mayor City of Dublin State of California By: President of the Board of Supervisors County of Alameda State of California By: Date: Date: 4 ATTEST: By: By: City Clerk APPROVED AS TO FORM City Attorney LMW/pmsf 7/23/04 S:\Contracts\Dublin 2004 05 Contract. doc By: By: 5 -- G~t> Clerk of the Board of Supervisors APPROVED AS TO FORM County Counsel