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HomeMy WebLinkAboutReso 154-12 Library Services RESOLUTION NO. 154-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AN AGREEMENT WITH COUNTY OF ALAMEDA FOR ADDITIONAL LIBRARY SERVICES FOR FISCAL YEAR 2012-2013 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 $409,003 in funding for the increases in staffing and utility costs required to open the Dublin Branch an average of 19 additional hours per week for a total of 47 open hours per week; and WHEREAS, the terms and conditions are contained in attached Contract Agreement. NOW, THEREFORE, BE IT RESOLVED that the City of Dublin does approve the agreement with County of Alameda, attached hereto as Exhibit A. PASSED, APPROVED AND ADOPTED this 4th day of September, 2012, by the following vote: AYES: Councilmembers Biddle, Hart, Hildenbrand, Swalwell, and Mayor Sbranti NOES: None ABSENT: None ABSTAIN: None UL Si- Mayor ATTEST:, City Clerk Reso No. 154-12, Adopted 9-4-12, Item 4.7 Page 1 of 1 AGREEMENT BETWEEN THE CITY OF DUBLIN AND COUNTY OF ALAMEDA FOR ADDITIONAL LIBRARY SERVICES FISCAL YEAR 2012-13 The County of Alameda and the City of Dublin enter into this Agreement as Follows: 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 19 additional hours for a total of 47 open hours per week. NOW, THEREFORE, the City of Dublin and the County of Alameda agree as follows: TERMS AND CONDITIONS 1) Time Period: This agreement will be in effect from July 1, 2012, to June 30, 2013. 2) Services Described: During the time period specified above, the County agrees to provide 19 additional open hours per week of library service at the Dublin Branch Library, excluding County observed holidays, in order to maintain a total weekly schedule of open hours at the Dublin Branch Library at 47 hours per week. 3) (A) Payments: The City of Dublin agrees to pay the County of Alameda $409,003 in four (4) quarterly installments as follows: • September 30, 2012 $102,250.75 December 31, 2012 $102,250.75 March 31, 2013 $102,250.75 June 30, 2013 $102,250.75 Payments shall be due and payable on the dates stated above. In addition to the amounts stated above, a penalty of 5% shall be payable, for any payment which is 30 • days overdue. 1 EXHIBIT A 4) Extension: All terms and conditions of this agreement may be extended, by mutual agreement, on a year-to-year basis or as otherwise agreed to by the parties, 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) Augmentation: The services provided through this Agreement and the amount to be paid by the City of Dublin to the County of Alameda may be modified during the year, by mutual agreement of the Parties, to reflect additional City of Dublin funds and monies donated to the City of Dublin by groups, other public agencies, and individuals for this purpose. • 6) Periodic Activity Reports: Activity reports will be provided by the County Librarian to the Dublin City Council on a quarterly basis to coincide with the issuance of quarterly billing statements. The Dublin City Council may request additional reports or presentations at any time. 7) Option to Terminate or Renegotiate Agreement: In the event that either party determines that it no longer has sufficient funding or staffing to meet the obligations of this agreement, that party may terminate or renegotiate this Agreement by giving at least thirty (30) days written notice. 8) Liability: a) All persons employed in the performance of such services and functions as are needed to provide the additional open hours 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 with the City. b) The City shall not be called upon to assume any liability for the direct payment of any salary, wage, or other-compensation to any County personnel performing services hereunder for the City, or any liability other than that provided for in this agreement. c) Except as otherwise provided herein, the City shall not be liable for compensation or • indemnity to any County employee for injury or sickness arising out of his/her employment with the County. d) County will assume defend, indemnify 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. • 2 • e) The City will defend, indemnify 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. • f) The provisions in the paragraph shall apply only to liability arising out of the performance by the Parties' of their obligations under this agreement. 10) Notices: Notices pertaining to this agreement shall be sent to the following: CITY: COUNTY: City Manager President, Board of Supervisors CITY OF DUBLIN COUNTY OF ALAMEDA 100 Civic Plaza Administration Building Dublin, CA 94568 1221 Oak Street Oakland, CA 94612 County Librarian ALAMEDA COUNTY LIBRARY 2450 Stevenson Boulevard. Fremont, CA 94538 • • • • 3 • 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 By: By: Mayor President of the Board of Supervisors City of Dublin County of Alameda State of California State of California Date: Date: ATTEST: By: By: City Clerk Clerk of the Board of Supervisors APPROVED AS TO FORM APPROVED AS TO FORM By: - By: City Attorney County Counsel • 4 DUBLIN LIBRARY FY 2012-13 Projected Budget EXPENSES: • Branch Personal (15.74 FTE) • $1,157,269 Library Material $418,616 All other Direct Costs $185,000 Total Direct Costs $1,760,885 *System Wide Support $1,286,087 GRAND TOTAL $3,046,972 *System Wide Support include the shared cost of Extension Services (Bookmobile: Literacy; Senior Services and services to those with disabilities) as well as shared cost of Administration, Collection Acquisition & Management and Information Technology costs. REVENUE: County Library Property Tax $2,078,548 (28 Base Hours) (Collection in Dublin) City Contract $409,003 (19 Add. Hours) Other County Library Funds $559,421 GRAND TOTAL $3,046,972 1949988.1 5