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Home My WebLink AboutReso 158-05 LibrarySvcs2005-06 RESOLUTION NO. 158 ~ 05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ***....... APPROVING AN AGREEMENT WITH COUNTY OF ALAMEDA FOR ADDmONAL LIBRARY SERVICES FOR FISCAL YEAR 2005-2006 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 $463,149 in 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 Dublin City Council has authorized $35,000 in funding for additional library materials to be purchased by the Alameda County Library system for the Dublin Branch Library; and WHEREAS, the terms and conditions are contained in attached Contract Agreement. NOW, TIlEREFORE, BE IT RESOLVED that the City of Dublin does approve the agreement with County of Alameda, attached hereto. PASSED, APPROVED AND ADOPJED this 2nd day of August, 2005. AYES: NOES: ABSENT: ABSTAIN: Councilmembers Hildenbrand, McCormick, Oravetz and Zika, and Mayor Lockhart None None None AT~.I~ Dep ty City Clerk OoICC-MTGSI200S.qtt3\Al1g\Og'()2'()S",,", 1 jg.()j librory """'.doc (110m 4.2) 2 "é/-P CONTRACT AGREEMENT BETWEEN THE CITY OF DUBLIN AND THE COUNTY OF ALAMEDA FOR ADDITIONAL LIBRARY SERVICES FISCAL YEAR 2005-06 "TN'Tw.NT WHEREAS, cu.m:mt funding level for County Library services preveø.tB inC'l:8uiug the numbln of opan hou:re pin week at the Dublin Branch of the Alameda County Librll1'Y øysten1, and WHEREAS, the citizens of Dublin wish to have the Dublin Branch Libxary open more than the County-funded hours Pex' week, and WHEREAS, the Dublin City Council haa authorized funding for the incmaaes iu stafling and utility C05ts required to opan the Dublin Branch an average of 23 additionøl hours for a total of 45 open hours per week, and WHEREAS, the members of the Dublin City Council desire to provide support for additionalJibxary materials at the Dublin Lili~tuy, and WHEREAS, the :rnembera qfthe Dublin City Council have authorized funding of $85,000 for library materials; therefore, The City qf Dublin and the County of Alameda agree to provide an RV(¢Qge of 23 Rdditional h01ll'l! per week of Lihrø.ry aervices at the Dublin Branch of the Alameda County Lib~ary system, subject to the following tenns aud conditions, and The City of Dublin agrees to p~ovide $35,000 for additional library materials to be purchased by the Alameda County Library system for the Dublili Branch Library, subject to the following tet'mS and conditiona. 'I'1r.RMj;! AJ'!TI CONTIT'l'TONS 1) 'rew.-;.... n.......: This contract will be in effect from July 1, 2003, to June 30, 2006. 1 3~{p 2) ~"'~';~ØQ n....,..,.¡h..rI: The County of Alameda agreeB to provide an average of 23 additional houn per week oflibrary service5 at the Dublin Branch Library 8e follows: eight (8) additional hours each Monday, excluding County-observed holidays, from 12:00 (noon) to 8:00 p.m., nine (9) additional hours each Wednesday, excluding County observed holidays, fl'om 10:00 a.m. to 7:00 p.m., four (4) additionDl hours on alternate Saturday.$, excluding County-ob5erved holidays, ftom 12:00 (noon) tu 4:00 p.m., and four (4) additional hours each Sunday, excluding County'observed holidays, ûom 1:00 p.m.. to 5:00 p.m. The cost for the8e additional hours is $463,149. The County of Alameda agrees to pJ:'ovide the following se:ryices for the Dublin Libra¡:y: $35,000 in additional library materials and agrees to acquire, catalog, and proœB8 theøe matertals. The $35,000 for library matex'i1Ùt1 will be øpent 60% for adult materials, 30% for children's materials, and 10% for young adult materials. 3) P..]-....~..: The City of Dublin agrees to pay the County of Alameda $498,149 in four (4) quarterly instal1mentB as follows: September 30, 2005 December 31, 2005 March 31, 2006 June 30,2006 $124,537.25 - $124.537.25 . $124,537.25 $124,537.25 4) F.rl"n"iO>3· All terms and conditions of thiø 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 providin.g the services. 5) PØ"ri"rI~~ \"..;,';ty Jl"F"'1:s: 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) Op+ín." to '1'ðPm4....ð..'" O'P 'RAn£:tW"'ti~t~ CQ-.....a,.t: This contract.ie predicated on the assumption that library seni.c@ levels will remain COlUItant. Showd any circumstanceW arise which changes both County Library funding levels and levels of service. either party shall have the right to terminate or renegotiate this a¡reement by giving at least thirty (30) days written notice. 7) T ~h""-q> M~~....;..l.. o...rI",,. Tn.f..-at,;on: The Library will provide the City of Dublin lists of title.s and Jút price information as verification of library materials purchased. BQoks will also be identified by bookplates as hav.ing been purchased with funds from the City of DubWi.. 2 ~(p 8) St¡/-h,~ nfM~t"";?l,, nn W;thdr~m..l; Should the City of Dublin choose to withdraw from. the County Library within fifteen (15) yeanl of June 30, 2005, (or within 15 years of June 80 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 ai\¡:J.egotiating a withdrawal agreement. . 9) T ~..h;]iJ:y: a) AU persons employed in the perfomancè of such services and functions for City of Dublin shill be County em.ployees, and no City employees, as such, shall be taken over by the County and no person hereunder shill have any City pension, Civic service, or other status or right. b) The City shall not be cåIl~ upon to assume any liabiJity for the direct payment of any salary, wage, or other compensation to any County persoilnel perfurmix¡.g serviœs hereunder for the City, or any nability other than that provided for in this agreement. . E~ept as herein otherwise 5Pecified, the City ahall not be liable for compensation or indemnity to any County employee for injury or sickne5s ariaing out ofhislher employment. CJ The County will t)SSU11l6 nabllity and pay cost of defense and hold tha City harmleu :from loss, com, or expenses caused by the neglipnt pr wron&£ul act or om:is8ion of County officers, àgents, and employees occurring iD the perfo1'lD.&nee of agreements between the parties hereto . . to the extent that such liability is llnpP6lld on the City by the proviaions of Section 8915.2 of the Governmeø.t Code of the State of California. In addition, when liability ariseS pursuant to Section 830 et seq., of the Government Code, by reaaons òf a dangeroue condition of public property of the County, the County 8hall asSume liability and pay costÚl) of defeuse and hold the City harmleBli £rom IOðS, costs, or . expenSes caused by the negligent OJ: wron¡:£ul act or mnisaion of County officers, agents, and em.ployees, whether or not arisin¡c in the performance of an agreement between the partiea hereto. d) The City will assume liability and pay costs of defense and hold the County harmless from loss, cost5, ar expenses caused by the negligent or wrongful act or onússion of City officers, agents, and employees occlu:ring in the performance of ag:eements between the parties hex-eto to the extent that such liability iø imposed on the County by the p1:'Ovi!!ÌOns ofSi!ction 895.2 of the Government Code of the State of CoIifomia. In addition, when liability arise.s pursuant to Section 880 3 5'b1JJ et seq., of the Government Code, by reasons cñ a dangexous condition cñ public property cñ the City, the City shall assum.e liability and pay cost of defanse and hold the County hannleM from loss, costB, or expenses caused by the negligent or wrongful aet or omiBsion cñ City o1Iicers, .' agents, and employees, whether or not ari8ing in the performance of an agreement between the parties hereto. 10) 'r\T¡;>tiC'i''': Unless otherwise provided here:in, any notice to be given hereundex- by any party to the othe1' may be effected by personal delivery in writing or by registered or certified mail, postage prepaid. return :receipt requested, unIees sooner received, and shall be deemed communicated as of three (a) day¡¡ from mailing. Mail notices shall be addressed as set forth below, but each party may change its address by written uotice and in accordance with this paragraph. CITY; COUNTY: City Managtn' CITY OF DUBLIN 100 Civic Plaza Dublin, CA 94568 President, Board ofSuperv:isors COUNTY OF ALAMEDA Adm;n;Rtration Building 1221 Oak Street Oakland, CA 94612 County Librarian ALAMEDA COUNTY LIBRARY 2450 Stevenson Blvd. Fremont, CA 94538 IN WITNESS WHEREOF~ The partit18 hereto have exêCUted this agreement the day and year first above written, and County has hereunto cauøed its corporate name to be IligDed by its Pre5Ìdent of the Board of Supervi50rs, who is hereunto duly authorized the day and year first above written. CITY OF DUBLIN COUNTY OF ALAMEDA Mayor City of DubJin State of California By: Prellident 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 NJH:bnoItij 1/8IIXJ B:\Om..."",,,~lli>. 20015 06 ConmIct.do< By: By; lP~ fa Clex-k of the Board of Supervisors APPROVED AS TO FORM County Counsel 5