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Home My WebLink About4.02 LibraryMaterialsAgmt CITY CLERK File #600-40 AGENDA STATEMENT CITY COUNCIL MEETING DATE: November 6, 2001 SUBJECT: Agreement with County of Alameda for the Purchase of an Opening Day Collection of Library Materials for the Dublin Library Report by Richard C. Ambrose, City Manager ATTACHMENTS: 1) Agreement RECOMMENDATION: /~{~Approve and authorize Mayor to execute Agreement FINANCIAL STATEMENT: Fiscal Year 2001-2002 $ 655,930 Fiscal Year 2002-2003 $ 655,930 Total Cost to City $1,311,860 Sufficient funds are available in the Library Capital Improvement Project Budget DESCRIPTION: The Capital Improvement Project Budget for the new Dublin Public Library includes $1,311,860 ~for the purchase of an opening day collection. The collection will include circulating books, reference books, paperbacks, books on tape and/or CD, CDs, videos, DVD's and software. Alameda County Library Staff will purchase the collection and the selections will be based on the County Library's Materials Selection Policy and in accordance with generally accepted professional standards and practices' for public library collection development. Attachment 1 is the Agreement between the City and the County for the purchase of the opening day collection. The opening day collection expenditure of $1,311,860 will include the library materials to be purchased, charges for cataloging and processing these materials, and a 1% indirect cost rate charged by the County Library. The Library will provide the City with a list of titles of library materials and list price information as verification of materials purchased. Books will also be identified by book plates as having been purchased with funds from the City of Dublin. The Agreement also states that if the City should choose to withdraw from the County Library at any time in the future, that the materials purchased and still existing in the collection will be considered the property of the City. It is the recommendation of Staff that the City Council approve the Agreement (Attachment 1) and authorize the Mayor to execute the Agreement. Sufficient funds are available in the project budget to execute the Agreement. COPIES TO: Alameda County Library F:\Capital ProjectsXLibrary\cc 11-6-01 agrmnt collection.doc ITEM NO. 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 INTENT WHEREAS, the City of Dublin is constructing a new Dublin Library at the Civic Center which is anticipated to open to the public no later than January, 2003, and WHEREAS, the Dublin City Council desires, to provide support for a major enhancement to the collection, so that an excellent collection of sufficient materials will. be available on the shelf bY the opening day of the new Dublin Library, and WHEREAS, the members of the Dublin City Council have authorized funding of $1,311,860 for the purchase, acquisition and processing of library materials for the opening day collection; therefore, The City of Dublin agrees to provide $1,31.1,860 for additional library materials to 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 October 1, 2001'to June 30, 2003. 2) Services Described: The County of Alameda agrees to provide the following services for the Dublin Library: $1,311,860 in an opening day collection of library materials to be acquired for the new Dublin Library building and to be Cataloged; processed, and shelf ready when the new library opens to the public.. At least 90% of the materials will be available no later than January 31, 2003; the balance of the materials will be delivered within the first three months of the new library's opening day. Library materials include, but are not limited to, Circulating books, Reference books, Paperbacks, Books on tape and/or CD, CDs, VideOs, DVD's and software. All materials will be selected based on the County Library's Materials Selection Policy and in accordance with generally accepted professional standards and practices for public library collection development. The opening day collection expenditure of $1,311,860'will include the library materials to be purchased, charges for cataloging and processing these materials, and a 1% indirect cost rate charged by the County Library. 3)' Payments: five (5) installments as follows: 4) 5)' 6) The City of.Dublin agrees to pay the County of Alameda $1,311,860 in March 31, 2002 June 30, 2002 September 30, 2002 December. 3i, 2002 March 31, 2003 $393,558 (30%) $262.,372 (20%) $262,372 (20%) $262;372'(20%) $131,186 (10%) Book Order Information: The Library will provide to the City of Dublin lists of titles of library materials and list price information 'as verification of materials purchased no later thanJune 30, 2003. Books will also be identified by book.plates as having been purchased with funds fromthe City of Dublin and Will have the year 2003' stamped in a prominent position. Status of Materials on Withdrawal: Should the City of Dublin choose to withdraw from the County Library at any time in the fUtu're, the County and the City agree that the materials purchased with these funds and still existing 'in the collection at that time will be considered to be the property of the City for purposes of negotiating a withdrawal agreement. ~ a) All persons employed in the performance of such services and functions hereunder 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. Exceptas herein otherwise specified, the City shai/not be liable for compensation or indemnity to any County employee for injury or sickness arisi.ng 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 officer, agents and employees occurring in the performance of this agreement between the parties to the extent that such liability is thus 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 costs 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, arising in the performance of the agreement between the parties hereto. 7) Notices: Notices shall 'be addressed as follows: COUNTY: City Manager CITY OF DUBLIN 100 Civic Plaza Dublin, CA 94568 County Librarian ALAMEDA COUNTY LIBRARY 2450 Stevenson Blvd. Fremont, CA 94538-2326 President, Board of Supervisors COUNTY OF ALAMEDA Administration Building: 1221 Oak Street Oakland, CA 94612 IN WITNESS WHEREOF: Th® 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 OFALAMEDA By: By: Mayor City of Dublin State of California President of Board of SUpervisors County of Alameda State of California Date: 'Date: ATTEST: By: City Clerk By: Clerk of the Board of Supervisors APPROVED AS TO FORM: APPROVED AS TO FORM: By: City Attorney By: County Counsel LMW:syt:pmsf 10/22/01 S:\ConU~cts\Conlxact for opening day collection oflibr materials for. Dub.doc