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HomeMy WebLinkAboutItem 4.4 - 1291 Library Operation and Maintenance Agreement Page 1 of 3 STAFF REPORT CITY COUNCIL DATE: February 7, 2017 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Amended and Restated Agreement for Maintenance and Operation of the Dublin Library with Alameda County Prepared by: Andrew Freeman Jr., Business Manager EXECUTIVE SUMMARY: The City Council will consider the Amended and Restated Agreement for Maintenance and Operation of the Dublin Library with Alameda County, which provides library related services at the Dublin Public Library. This agreement updates the City and County’s responsibilities to support facility operations and library related services at the facility. The County has agreed to the drafted contract terms. STAFF RECOMMENDATION: Adopt the Resolution Approving the Amended and Restated Agreement for Maintenance and Operation of the Dublin Library. FINANCIAL IMPACT: Financial impact is neutral. The amended changes do not impact the City’s 2016 -2017 Adopted Operational Budget of $865,281 appropriated for the Dublin Library. DESCRIPTION: The Dublin Public Library opened in April 2003. The City owns the Library building and through an operational agreement, started in October 2002, library related services are provided by the Alameda County Library on behalf of the City. The Dublin Library is open 51 hours per week with the City funding 23 hours and the County 28 hours. The reworking of the agreement relates to the following: · Shifting the allocation of building space responsibi lity between the City and Library; and · Updating the County reimbursement method for janitorial services to the City. Page 2 of 3 The reassignment of building space between the City and Library will change with the arrival of the 21st Century Room in 2017. The 21st Century Learning Room will merge traditional library services/programming with the power of digital learning tools. The room will be equipped with a video interfacing wall promoting a wide range of new media applications, a sound system, and other hardware such as laptops, wireless internet devices and an audio visual rack management system supporting computer - based classes and other public-based service opportunities. The Alameda County Library will be responsible for policies and use of the room and exhibit areas, including exhibits in the common areas. With the Library shifting resources to support the 21st Century Learning Room the City will assume the responsibility of scheduling the Program Room. City programming in this space will likely include youth services such as enrichment classes, science, technology, engineering and mathematics (STEM), and creative writing activities. Additionally, services for adults will likely be scheduled consisting of health and wellness services. The City will be programming this space for year-round utilization. The change in the allocation of space is represented in the tables below. CURRENT SPACE ALLOCATION City County Library Library Area and General Space ~33,340 sq. ft. X Community Room + Kitchen and Storage Areas ~2,070 sq. ft. X Program Room ~689 sq. ft. X Common Areas ~1,135 sq. ft. X FUTURE SPACE ALLOCATION City County Library Library Area and General Space ~33,340 sq. ft. X Community Room + Kitchen and Storage Areas ~2,070 sq. ft. X Program Room ~689 sq. ft. X Common Areas ~1,135 sq. ft. X 21ST Century Room ~1,400 sq. ft. X The janitorial service change relates to the reimbursement calculation. Currently, reimbursement to the City is based a formula related to charges for janitorial supplies Page 3 of 3 and services, square footages for common areas and dedicated Library areas, and for carpet cleaning based on the County’s standard budget for carpet cleaning, adjusted as needed. The new approach to calculate this reimbursement is based on the areas controlled by the County Library. This change simplifies the tracking process and calculation of shared maintenance and janitorial fees. The County has agreed to both of these changes. All other terms of the agreement remain unchanged and enforced. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: 1. Resolution Amended and Restated Agreement for Maintenance and Operation of the Dublin Library with Alameda County 2. Exhibit A to the Resolution - Amended and Restated Agreement ATTACHMENT 1 RESOLUTION NO. xx–17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * APPROVING THE AMENDED AND RESTATED AGREEMENT FOR MAINTEANCE AND OPERATION OF THE DUBLIN LIBRARY WITH THE COUNTY OF ALAMEDA WHEREAS, the facility is intended to be used as the primary site from which library service is provided to residents of the City of Dublin; and WHEREAS, the County of Alameda has agreed to provide library related services from the facility to residents of the City of Dublin 51 hours per week; and WHEREAS, the terms and conditions for the use of building space and maintenance services between the City of Dublin and the County of Alameda are in the attached Agreement. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the Amended and Restated Maintenance and Operation Agreement with the County of Alameda. PASSED, APPROVED AND ADOPTED this 7th day of February 2017. AYES: NOES: ABSENT: ABSTAIN: ________________________________________ Mayor ATTEST: _______________________________________ City Clerk Amended and Restated Agreement for Maintenance Page 1 of 7 and Operation of the Dublin Library 2017 AMENDED AND RESTATED AGREEMENT FOR MAINTENANCE AND OPERATION OF THE DUBLIN LIBRARY This Agreement, made and entered into this ____ day of _____________, 2017, 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. WHEREAS, the facility is intended to be used as the primary site from which library services are 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 Dublin 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; and WHEREAS, on October 8, 2002, the City and County entered into an Agreement for Maintenance and Operation of the Dublin Library; and WHEREAS, on December 2, 2008, the City and County entered into a First Amendment to the Agreement for Maintenance and Operation of the Dublin Library to amend the responsibilities for Janitorial Services; and WHEREAS, on March 27, 2014, the City and County entered into a Second Amendment to the Agreement for Maintenance and Operation of the Dublin Library to amend the responsibilities for Utilities; and WHEREAS, City and County desire to amend and restate the Agreement to incorporate the changes made in the First and Second Amendments and to further amend content pertaining to allocation of space, janitorial service, and maintenance of visual/audio equipment. 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 Amended and Restated Agreement for Maintenance Page 2 of 7 and Operation of the Dublin Library 2017 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; audio/visual equipment in the Center for the 21st Century; and all computer equipment placed in the library facility as of December, 2002. The County owns or provides through a lease with a vendor all 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 (expansion space on west side of building) and any areas not specifically designated as City managed or common spaces. City shall schedule and manage the ±2,070 sq. ft. Community Room and its adjacent kitchen and storage areas plus the ±689 sq. ft. Program Room, for a total of ±2,759 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. Priority Use of Meeting Room Space a. Community Room: Managed by the City. County Library shall have access to reserve this space. City shall have first priority and County Library second. Occupancy limit is 122. b. Center for 21st Century Skills and Learning: Managed by the County. City shall have access to reserve this space. County Library shall have first priority and City second. Occupancy limit is ~80. c. Library Program Room: Managed by the City. City shall have first priority. County Library second priority and members of the public third. Occupancy limit is 46. 5. Building Maintenance: The City shall, at the City’s own cost and expense, keep and maintain said library premises in good order and repair during 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 interior portions of the building, including carpet repair and/or replacement, fixtures and appliances (including built-in refrigerator), electrical system equipment (except computer systems, audio/visual equipment, and voice and data equipment owned or leased by the County and microwave oven in Staff Lounge), plumbing, windows, doors, interior painting, and interior 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. d. All exterior portions of the building, including roofing, painting, signage, windows, exterior lighting, and graffiti removal. 6. Janitorial Services: City shall contract and provide janitorial services for County Library space, the Community Room, its kitchen and storage areas, Program Room, 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 Amended and Restated Agreement for Maintenance Page 3 of 7 and Operation of the Dublin Library 2017 janitorial services, supplies and carpet cleaning for the areas controlled by the County Library. The City shall be responsible for the janitorial services, supplies and carpet cleaning for the areas controlled by the City. Said janitorial services shall include, but shall not be limited to: a. Cleaning of the County Library space and 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 glass 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. 7. 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. b. Gas and Electricity: City will pay for gas and electricity and invoice the County for the cost of these services, subject to the below terms and conditions: 1. County will be invoiced by the City once annually for gas and electricity services, which will be the summation of two components: an Energy Consumption Component and an Energy Savings Component. 2. The Energy Consumption Component will be the actual consumption and cost of gas and electricity services for the Dublin Library. This is a pass through amount and shall be taken directly from the utility service provider’s bill. 3. The Energy Savings Component is the reduction in costs from those certain energy saving improvements that have been installed by the City of Dublin Library, which shall be calculated in two ways: Solar Generation Element and Energy Reduction Element. a. The Solar Generation Element is monitored and reported to the City directly by the utility service provider and by the performance monitoring equipment installed with the solar system. The solar energy produced and sold to the grid as well as to the utility’s energy consumed onsite is derived from the annual True-up Statement, which the City will share with the Library. The value of solar energy consumed onsite is estimated from the average per kWh value from the True-up Statement for PG&E energy consumed onsite and the solar system’s monitoring equipment. b. The Energy Reduction Element refers to those improvements, such as more efficient lighting, that reduce energy consumption at the facility. Such improvements only Amended and Restated Agreement for Maintenance Page 4 of 7 and Operation of the Dublin Library 2017 show up on the annual bill as a reduction in consumption and ultimately as cost savings. Energy Reduction Element measures are designed to reduce annual consumption by 39% at the Library for a reduction of 189,909 kWh per year, which shall be a stipulated savings amount annually. The Energy Reduction Element annual savings shall be derived by multiplying 189,909 kWh by the cost per kWh of energy within any given year, which rate shall be a blended rate as determined from the solar true up bill by the total summation of kWh produced and consumed divided by the total dollar values for each. 4. City and County will work together annually to finalize the invoiced amount the County will receive from the City. Such invoices will be delivered in May/June of each year, and all information and calculation methodologies will be shared to the satisfaction of both parties. 5. The amount the County will be invoiced by the City will be reduced each year by the City’s contribution to the Library’s exterior lighting in the amount of $6,600. c. 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 and managed by the City. d. Garbage Disposal: City shall pay for garbage disposal. 8. 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 series; 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; all personnel required to operate the library. The County Library shall be responsible for policies and use the Center for the 21st Century and exhibit areas including any exhibit areas in the Common areas. Priorities for use of the Center for the 21st Century 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. 9. 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. 10. Building Condition: City and County agree and hereby stipulate that upon occupancy said premises are in good and tenable condition and fit for the purpose for which it is intended. 11. Reporting 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 system. 12. 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 the City is responsible for any employer and/or employee contributions for PERS retirement benefits on behalf of any County employee or contractor for services provided under this agreement, County Amended and Restated Agreement for Maintenance Page 5 of 7 and Operation of the Dublin Library 2017 shall indemnify, defend, and hold harmless City for these contributions, as well as for payment for any penalties and interest thereon, which would otherwise be the responsibility of the City. 13. 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, Program Room and Common areas if Community Room and/or Program Room are in use at the time the library closes and County Library employees’ work shifts end. 14. 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. 15. Hold-Harmless Agreement: a. County agrees to indemnify, defend and hold harmless the City of Dublin, its officers, employees, agents and volunteers, 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 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 officers, employees, agents and volunteers, 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. 16. 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. 17. 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. 18. Term of Agreement: 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 Amended and Restated Agreement for Maintenance Page 6 of 7 and Operation of the Dublin Library 2017 termination provides 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. 19. Surrender of Property After Term: County agrees to surrender said premises in the event of termination of this Agreement in the same condition as received, except for reasonable use and wear, as provided in this Agreement. 20. 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: ____________________________ Farand Kan, Deputy County Counsel City Attorney 2703027.2 Amended and Restated Agreement for Maintenance Page 7 of 7 and Operation of the Dublin Library 2017