HomeMy WebLinkAboutMINUTES - 06251996 - D6 t ,
. TO: BOARD OF SUPERVISORS •
FROM: Anne Marie Gold, County Librarian
DATE: June 11, 1999
SUBJECT: Danville Library Use and Maintenance Agreement and Additional Hours Agreement
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDED ACTION:
1. AUTHORIZE the Director of General Services to EXECUTE, on behalf of the County, a Library Use and
Maintenance Agreement, commencing August 1, 1996 between the Town of Danville and the County of
Contra Costa for the premises at 400 Front Street, Danville for occupancy by the Contra Costa County
Library, under the terms and conditions more particularly set forth in said Agreement.
2. AUTHORIZE the Director of General Services to EXECUTE, on behalf of the County, a Contract
Agreement for the Provision of Additional Hours of Service, commencing August 1, 1996 between the
Town of Danville and the County of Contra Costa, for the provision of 25 additional hours of service per
week, under the terms and conditions more particularly set forth in said Agreement.
FINANCIAL IMPACT:
No additional financial impact.
The Library Use and Maintenance Agreement delineates the responsibilities of both parties in regards to the
operation of the new Danville Library facility. The Town will be responsible for providing and funding,all
exterior and interior maintenance, custodial services, water, garbage and provision and replacement of
furnishings. The County will be responsible for operating costs including personnel, services, books, materials;
gas and electric, and telephone and data lines. All contents'of the premises provided or purchased by the
Town, fundraising efforts of the Danville Library Foundation or private fundraising are the property of the Town,
including books and other library materials. All contents and property provided by the County or relocated
from the old building remain the property of the County, including books and other library materials. The
County commits to consult with the Town of Danville in the event of the replacement of the Senior Branch
Librarian. The term of the agreement is for 50 years with an option for 180 day written notice of cancellation.
The Contract Agreement for the Provision of Additional Hours of Service at the Danville Library provides for the
County to continue to fund 29 hours per week of service and for the Town of Danville to fund an additional 25
hours per week of service. The new library will be open a total of 54 hours per week. In the event of any
change in the County funded level of service there is a 30 day written cancellation provision. The term of the
agreement is from August 1, 1996 to June 30, 1997 with annual options to extend.
Continued on Attachment: X SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR
_RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON June 25,1996 APPROVED AS RECOMMENDED X OTHER_
VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND
X UNANIMOUS(ABSENT ------- ) CORRECT COPY OF AN ACTION TAKEN AND
AYES: NOES: ENTERED ON THE MINUTES OF THE
ABSENT. ABSTAIN: BOARD OF SUPERVISORS ON DATE SHOWN.
Attested June 25, 1996
Contact: Anne Marie Gold,646-6423 Phil Batchelor,Clerk of the
Board of Supervis and
cc: Library Administration Cou Adminis t
2�i1
Danville,Library Use and Maintenance Agreement and Additional Hours Agreement
June 11, 1996
Page 2
BACKGROUND:
The Town of Danville has been actively pursuing the construction of a new branch library for the past decade.
Approximately 15 months ago ground was broken on the new library-community center complex. Subsequent
to that event, the Town and County began discussions regarding new occupancy and extended hours
agreements. Various proposals were provided to the Town of Danville regarding staffing and operating
scenarios to extend their levels of service above the 29 hours per week funded by the County. Between
August 1995 and March 1996 the Library and Local 1 met to negotiate operations at the new Danville Library.
The proposal which was agreed to by Local 1 includes 54 hours of full service operation at a lower FTE per
hour staffing level (4.81 FTE) than the original staffing level prior to the service reductions of 1993 (5.5 FTE),
even though the new building is approximately three times the size of the old building with additional public
service points. In addition, Local 1 agreed to the provision of Sunday hours at the new library, under the same
terms as currently in the San Ramon Sunday hours agreement; however, at this time the Town of Danville has
not chosen to fund Sunday hours of operation. The Town of Danville has agreed to this operating scenario and
the Town Council will take action on the agreement on July 2, 1996. The occupancy agreement delineates
responsibilities for both parties. The negotiations always assumed that the County would not provide any
additional funding for occupancy related costs even though the new building is significantly larger. The
agreement substantiates this assumption.
The new Danville Library is scheduled to open on Sunday, August 4, 1996 and begin regular 54 hour per week
operations on Monday, August 5, 1996.
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LIBRARY USE AND MAINTENANCE AGREEMENT
BETWEEN THE TOWN OF DANVYT JE
AND THE COUNTY OF CONTRA COSTA
1. PARTIES:Effective on ,the TOWN OF DANVILLE,hereinafter called
"TOWN",and the COUNTY OF CONTRA COSTA,a political subdivision of the State
of California, hereinafter called."COUNTY", mutually agree and promise as follows:
2. PURPOSE: The TOWN is the owner of a 17,000 square foot library building at 400
Front Street in Danville, California. COUN'T'Y operates a library system for the use and
benefit of the residents of the Town as well as neighboring areas. It is the purpose and
intent of this agreement to formally set forth the tenancy and various rights, duties,
obligations and responsibilities of each party with regard to the use and maintenance of
the Danville Library, including the division of responsibilities.
3. LEASE OF PREMISES; TOWN,for and in consideration of the mutual promises of the
parties as set forth herein, hereby leases to COUNTY, and COUNTY leases from
TOWN those certain premises described as follows:the Danville Library building located
at 400 Front Street,Danville, California and shown on attached Exhibit A. COUNTY
shall have use of all parking spaces located on the Library and Community Center site for
parking associated with operation of the library, except as set forth in Paragraph 7.E.
4. TERM AND TF-RMINA770 :Agreement shall commence August 1, 1996 and shall run
for a term of 50 years.unless earlier terminated pursuant to this Agreement. Either parry
shall have the right to cancel this Agreement by giving the other one hundred eighty (180)
days prior written notice. In the event of termination,COUNTY shall leave the premises
and all furnishings and equipment in good working order, and shall remove only
equipment and collection material paid for or funded by COUNTY. All remaining
equipment and collection materials shall remain with the premises.
5. CONSIDERATION: The sole consideration for the use of the premises shall be the
provision of a public lending library service to the residents of the community, as well as
the covenants set forth herein. No rent shall be due or payable during the term of this
agreement.
6. HOLDING OVER: Any holding over after the term of this Agreement as provided
hereinabove shall be construed to be a tenancy from month to month,subject to the terms
of this Agreement so far as applicable.
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7. USE OF PREMISES: The premises shall be used by COUNTY during the term
exclusively for purposes of conducting a public library service subject only to such rules,
regulations and conditions as are generally applied throughout the County of Contra
Costa through the COUNTY's library service.
A. TOWN reserves the right to utilize the premises for programming of classes,
activities and programs in conjunction with the adjoining Danville Community
Center so long as such use does not interfere directly with normal branch library
functions. All such use will be coordinated with the Danville Branch Librarian
prior to commencement.
B. TOWN shall establish use guidelines for use of the library meeting room, and
shall schedule use of the meeting room and collect fees. Library programs shall be
given priority for scheduling during library hours of operation and shall not be
charged for use of the meeting room.
C. Room 122 of the premises, as shown on the attached Exhibit A, shall be provided
for use by the Danville Library Foundation or Danville Friends of the Library.
D. Any use of the premises after Library hours by Town or parties acting under
Town shall be entirely the responsibility of Town. Town shall indemnify, save,
protect and hold harmless the County,its officers, agents and employees from any
and all claims, costs and liability, including reasonable attorneys' fees, for any
damage, injury or death, including without limitation all consequential damages
from any cause whatsoever, to persons or property arising directly or indirectly
from or connected with after hours use,Town's or third parry's operations, or
Town's or third parry's use or possession of the premises, save and except claims
or litigation arising through the sole negligence or sole willful misconduct of the
County,its officers or employees,and if required by County,will defend any such
actions at the sole cost and expense of the Town.
E. County employees shall park in designated employee parking areas on the site, as
illustrated on the attached Exhibit B.
8. TOWN RESPONSTBILMES: TOWN shall provide for and fund:
A. Exterior building maintenance including landscaping and grounds.
B. Interior building maintenance, including HVAC system maintenance and service.
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C. Custodial services.
D., Provision of, maintenance and replacement of building furnishings as described in
Exhibit C.
E. Water and garbage service.
Items 8A D shall be provided at a level consistent with the level of maintenance provided
to all TOWN facilities. TOWN shall notify COUNTY prior to selecting the contractor
to provide the custodial service. Alternately,TOWN shall have the right to provide such
service utilizing TOWN employees.
9. COZ=Y RESPONSIBILITIES: COUNTY shall provide for and fund:
A. Provision of all personnel costs, services, books, supplies and materials to operate
the Danville Branch Library.
B. Gas and Electric
C. Telephone
D. All data lines provided for automated library systems
E. All occupancy costs not included in Paragraph 8
To the extent that all of the services to be provided by the TOWN in Paragraph 8, were
previously provided by the COUNTY, COUNTY agrees that the funding previously
allocated for such services and charges by COUNTY, shall be allocated to the provision
of service at the Danville Branch Library.
10. USF OF VOLUNTEERS: Volunteers are vital and welcomed in the operation of the
Danville branch library. Volunteers will be utilized to enhance services offered to the
public.
The Town's volunteer coordinator shall work with the County Library Volunteer
Coordinator and the Danville Branch Librarian to recruit and schedule volunteers to assist
with operation of the Danville branch library. Volunteers shall be utilized to perform
services described in the attached May 22, 1995 letters of understanding between Contra
Costa Public Employees Union Local 1 and Contra Costa County, and A.F.S.C.M.E.
and Contra Costa County and any other task as may be mutually agreed upon by the
TOWN and the County.
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11. STAFFING.: In the event that the Senior Branch Librarian should be replaced for any
reason, then COUNTY shall consult with TOWN prior to selecting a permanent
replacement.
12. ALTERATIONS. FIXTURE"ND SIGNS.No improvements or alterations shall be
made to the building,furnishings or other building contents or library premises without
the prior written approval of the TOWN. Any such alterations, signs or fixtures shall be
at COUNTY'S sole cost and expense, and all signs shall meet with existing code
requirements and TOWN's approval.
The library shall be kept free of visual clutter including unsightly advertising, notices, etc.
Temporary paper signs or notices shall not be used(on shelving,fiuniture,counters,walls,
windows, doors, etc.) except on appropriate tackable surfaces or bulletin boards_
13. OWNERSHIP OF CONTENTS:AI] contents of the premises provided or purchased by
the TOWN, fundraising efforts of the Danville Library Foundation or private fundraising
for use of and operation by COUNTY under the terms of this lease are the property of
the TOWN and shall remain with the premises in the event-of termination of the lease.
All contents and property provided by the COUNTY or relocated to the premises from
the former Danville Library at 825 Hartz Way shall remain the property of the
COUNTY. Premises and contents of the premises, including furnishings, fixtures and
equipment, are described in attached Exhibit A. All contents which are the property of
the TOWN shall be separately catalogued or inventoried so as to be identified in the event
of termination of this lease.
14. INDENINMCATION: COUNTY agrees to indemnify and hold harmless TOWN, its
officers and employees from the COUNTY's share of all liability, losses, costs or
expenses,including attorneys' fees arising out of the negligent acts, errors or omissions of
COUNTY, its officers, agents or employees.
TOWN agrees to indemnify and hold harmless the COUNTY,its officers and employees
from the TOWN's share of all liability,losses, costs or expenses, including attorneys'fees
arising out of the negligent acts, errors or omissions of TOWN, its officers, agents or
employees.
15. INSURANCE: COUNTY is self-insured and shall maintain coverage under its self-
insurance program for public liability and for COUNTY-owned materials, furniture and
equipment.
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TOWN shall maintain adequate comprehensive property and public liability coverage for
the building, grounds and contents excluding COUNTY employees and COUNTY-
owned materials, furniture and equipment.
16. .ASSIGNMENT OR SUBLEASE: COUNTY shall not have the right to assign this
Agreement or sublease the premises or any part thereof at any time during the term of this
Agreement without the prior written consent of TOWN.
17. DESTRUCTION:
A. In the event of damage causing a partial destruction of the premises during the
term of this Agreement from any cause, and repairs can be made within sixty (60)
days from the date of the damage under the applicable laws and regulations of
governmental authorities,TOWN shall repair said damage promptly and-within
a reasonable time, but such partial destruction shall not void this Agreement.
B. If such repairs cannot be made in sixty(60) days, TOWN may,at its option, make
the same within a reasonable time. In the event TOWN does not so elect to make
such repairs (which cannot be made in sixty (60) days), or such repairs cannot be
made under such laws and regulations, this Agreement may be terminated at the
option of either party.
C. A total destruction of the premises shall terminate this Agreement.
D. Damage caused by negligence of COUNTY personnel shall be repaired at
COUNTY expense.
18. DEFAULTS: In the event of COLTNTY's.material breach of any of the covenants or
conditions herein,TOWN may re-enter and repossess the premises and remove all persons
an property therefrom after giving COUNTY written notice of such default and in
accordance with due process of law. In the event of such a breach by TOWN, COUNTY
may terminate the Agreement and quit the premises without further cost or obligation or
may proceed to repair the building or correct the problem resulting from the breach and
TOWN shall immediately reimburse COUNTY for the cost of said repair or correction,
provided that COUNTY has given TOWN written notice of said breach and provided
that TOWN has not made a substantial effort to correct said breach.
19. SLTTLRENDER OF PREMISES: On the last day of the said term, or sooner termination
of this Agreement, COUNTY will peaceably and quietly leave and surrender to TOWN
these premises.
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20. INSPECTION: The TOWN reserves the right to have its employees, agents, or
contractors enter the premises at any time in performance or exercise of TOWN's
obligations and rights hereunder. TOWN shall exercise this right in a manner which
minimizes the disruption of library activities.
21. WRITTEN AGREEMENT:Neither parry has relied on any promise or representation
not contained in this Agreement. All previous conversations, negotiations, and
understandings are of no further force or effect. This Agreement may be modified only
in writing signed by both parries. The headings of the paragraphs are for convenience
only and are not a part of this Agreement; nor shall they be considered in construing the
intent of this Agreement. .
22. SUCCESSORS AND ASSIGNS:The terms and provisions of this Agreement shall extend
to and be binding upon and inure to the benefit of the successors, and assigns of the
respective parties hereto.
23. IME: .Time is of the essence of each and all of the terms and provisions of this
Agreement.
24. NOTICES: All notices required by this Agreement shall be directed as follows:
TO COUNTY: TO TOWN:
County Librarian Town Manager
Contra Costa County Library 510 La Gonda Way
1750 Oak Park Blvd. Danv_ille, CA 94526
Pleasant Hill, CA 94523
Contra Costa County
General Services Department
Lease Management Division
1220 Morello Avenue, Suite 100
Martinez, CA 94553
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IN WITNESS WHEREOF,the parties have executed this Agreement the day and year first above
-written.
CO,UN'IZ' TOWN
COUNTY OF CONTRA. COSTA, a Town of Danville
political subdivision of the State
of California
By By
Director of General Services Joseph A. Calabrigo, Town Manager
RECOMMENDED FOR APPROVAL: APPROVED AS TO FORM:
By By
Deputy County Administrator Robert B. Ewing, Town Attorney
By
Deputy Director of General Services
By
County Librarian
By
Lease Manager
APPROVED AS TO FORM:
VICTOR J. WESTMAN, County Counsel
By
Deputy
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CONTRACT AGREEMENT FOR THE PROVISION OF ADDITIONAL HOURS
OF SERVICE AT THE DANVILLE LIBRARY BETWEEN THE TOWN OF
DANVILLE AND CONTRA COSTA COUNTY
WHEREAS, the current funding level for County Library services provides for
twenty-nine (29) hours per week at the Danville.branch of the Contra Costa County Library
system; and
WHEREAS,the citizens of Danville wish to have the Danville Branch Library open more
than the County funded twenty-nine (29) hours per week;and
WHEREAS, the Town has authorized funding for the increases in costs required to open
the Danville branch an additional twenty-five (25) hours for a total of fifty-four (54) open hours
per week; and
WHEREAS, the Danville Town Council has authorized funding for the increases in
staffing costs required to open the Danville branch an additional twenty-five (25)hours for a total
of fifty four (54) hours per week;
NOW THEREFORE, effective on August 1, 1996, the Town of Danville, hereinafter
called "Town," and the COUNTY OF CONTRA COSTA, a political subdivision of the State
of California, hereinafter called "County," mutually agree and promise as follows:
TERMS AND CONDITIONS:
1. Effective Dates: This contract will be in effect from August 1, 1996 to June 30, 1997, and
may be extended annually as provided in Paragraph 4 below.
2. Services Described: The County agrees to provide during the term of the Agreement
twenty-five (25) additional hours per week of library service at the Danville Library,
excluding County-observed holidays.
The hours of operation will be:
D Ooen Hours
Monday 10 a.m. - 8 p.m.
Tuesday 10 a.m.- 8 p.m.
Wednesday 10 a.m.- 8 p.m.
Thursday 10 a.m. - 8 p.m.
Friday 10 a.m. - 5 p.m.
Saturday 1.0 a.m. - 5 p.m.
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These hours of operation may be changed from time to time by written agreement
between the County Librarian and the Town Manager.
3. Pa=ents: The Town of Danville agrees to make four quarterly payments to the County,
based upon the estimated total annual costs as follows:
Due Date AmQunt
September 30, 1996 $ 27,041.66
December 31, 1996 40,562.49
March 31, 1997 40,562.49
June 30, 1997 44.562.49
$148,729.13
4. Extension: All terms and conditions of this contract may be extended,by mutual written
agreement,provided the amount paid by the Town to the County is adjusted annually to
reflect increases/decreases to the costs connected with providing the services as follows:
A. County shall provide a written proposal ("Proposal") to the Town by April 1 of
each calendar year (a "Notice Year"), commencing with April 1, 1997 indicating:
• the cost of the 29 hour per week service to be provided by County for the
fiscal year commencing on July 1 of the Notice Year and running through
June 30 of the following year;
• the additional annual cost (Town's cost)to provide an additional 25 hours
of service;
• total estimated annual cost to provide 54 hours.of service for the Danville
Branch Library.
B. Town will have until June 30 of the Notice Year to approve the amount of the
Town's Contribution for the Extension Fiscal Year beginning on July 1.
C. This contract is predicated on the assumption that library service levels (including
hours of operation, staffing and materials) throughout the County will remain at the
1995-96 level_ 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. Under this agreement,Town
funding is secondary.
If at any time the County receives funding or otherwise increases the level of
service for the library system not anticipated in the Proposal, the portion of the Town's
Contribution which would have paid for that increase in service to the Danville Library
shall be refunded (or not collected, as appropriate) to Town.
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5. Liability,
A. The Town shall have no liability forthe payment of any salaries, wages, fees, or
materials or services provided to the County by any person or firm. No such person or
firm shall be considered a contractor of the Town.
B. The Town shall not be liable for the payment of any salary, wages, or other
compensation to any County personnel performing services at the Danville Library. The
Town shall not be liable for compensation or indemnity to any County employee for
injury or sickness arising out of his/her employment.
C. County agrees to indenuufy and hold harmless the Town from the County's share
of any and all claims, costs and liability for any damage, injury or death of or to any
person or the property of any person, including attorneys' fees, arising out of negligent
acts, errors or omissions of the County, its officers or employees. County shall not be
liable for liability which is attributable, in whole or in part,to the negligence or willful
misconduct of Town,which results in damage to any person or property.
Town agrees to indemnify and hold harmless the County from the Town's share of any
and all claims, costs and liability for any damages, injury or death of any person or the
property of any person,including attorneys` fees, arising out of the negligent acts, errors
or omissions of the Town, its agents or employees.
6. Govern Law: This Agreement shall be governed by the laws of the State of California.
7. Entire Agreement: This Agreement is the entire agreement between parties, and no other
oral or written agreement regarding the subject matter of this Agreement is a part of this
Agreement_
8. Amendments: This Agreement can be amended only by a writing signed by thla parties
to this Agreement.
9. oti • Any notice to County required by this Agreement shall be deemed to have been
given when mailed, certified mail, or delivered to:
Contra Costa County
Attention: County Librarian
1750 Oak Park Boulevard
Pleasant Hill, CA 94523-4487
and
Contra Costa County
General Service Department
1220 Morello Avenue, Suite 100
Martinez, CA 94553
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and any notice to the Town required by this Agreement shall be deemed to have been
given when mailed, certified mail, or delivered to:
Town of Danville
510 La Gonda Way
Danville, CA 94526
Executed this day of ) 1996
COUNT IQXX
COUNTY OF CONTRA COSTA, a Town of Danville
political subdivision of the State
of California
By By
Director of General Services Joseph A. Calabrigo,Town Manager
RECOMMENDED FOR APPROVAL-. APPROVED AS TO FORM:
By By
Deputy County Administrator Robert B. Ewing, Town Attorney
By
Deputy Director of General Services
BY
County Librarian
By
Lea-se Manager
APPROVED AS TO FORM:
VICTOR J. WESTMAN, County Counsel
BY
Deputy
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