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HomeMy WebLinkAboutA3716 - PS BOARD OF LIBRARY TRUSTEES SERVICES P.S. Board of Library Trustees Muni Public Library Svcs. AGREEMENT #3716 M05813, 10-2-96 CITY OF PALM SPRINGS CONTRACT SERVICES AGREEMENT FOR MUNICIPAL PUBLIC LIBRARY SERVICES THIS CONTRACT SERVICES AGREEMENT (herein "Agreement") is made and entered into this second (2nd) day of October, 1996, by and between the City of Palm Springs, a municipal corporation (herein "City") and City of Palm Springs Board of Library Trustees. (herein "Contractor"). NOW, THEREFORE, the parties hereto agree as follows: 1.0 SERVICES OF CONTRACTOR 1.1 Scope of Services. hr compliance with all of the terms and conditions of this Agreement, the Contractor shall perform the work or services set forth in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by reference. Contractor warrants that all work and services set forth in the Scope and Services will be performed in a competent, professional and satisfactory mianner. 1.2 Compliance With Law. All work and services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency of competent jurisdiction. 1.3 Licenses. Permits. Fees and Assessments. Contractor shall obtain at its sole cost and expense such licenses as may be required by law for the performance of the services required by this Agreement. Required permits under the control of the City shall be granted to the Contractor at no cost but subject to normal approval policies and procedures of the City. Fees and assessments under the control of the City shall also be waived. 2.0 COMPENSATION 2.1 Contract Sumt. For the services rendered pursuant to this Agreement, Contractor shall be compensated in accordance with the "Schedule of Compensation" attached hereto as Exhibit "B" and incorporated herein by this reference. In addition, the Contractor maintains a Library Trust Fund ("Trust Fund") which provides additional funding to supplement and enrich the the quality of the public library. All donations, fines, fees, Library Center room rental receipts and state public library subventions shall supplement the compensation derined in Exhibit "B" and be placed into the "Trust Fund." ie 3.0 COORDINATION OF WORK 3.1 Representative of Contractor. The City Librarian is hereby designated as being the principal and representative of Contractor authorized to act in its behalf with respect to the work and services specified herein and make all decisions in connection therewith. 3.2 Contract Officer. The City Manager is hereby designated as being the representative the City authorized to act in its behalf with respect to the work and services specified herein and make all decisions in connection therewith ("Contract Officer"). The City Manager of City shall have the right to designate another Contract Officer by providing written notice to Contractor. 3.3 Prohibition Against Subcontracting or Assignment. Con- tractor shall not contract with any entity to perform in whole or in part the work or services required hereunder without the express written approval of the City. Neither this Agreement nor any interest herein may be assigned or transferred,voluntarily or by operation of law, without the prior written approval of City. Any such prohibited assignment or transfer shall be void. 3.4 Independent Contractor. The Board of Library Trustees shall retain its authority under the California Education Code and City Charter as an independent legal entity. Contractor shall perform all services required hereunder as an independent contractor of City such that the City shall have no control over the manner, mode or means by which Contractor performs services and Contractor shall have only such obligations as are consistent with its role as an independent contractor. Said Board shall continue to be appointed by the City Council subject to the provisions delineated under the California Education Code (Sections 18900-18965) as amended. Notwithstanding, the above, under the provisions of this Agreement, the City Librarian and the library staff shall remain employees of the City of Palm Springs subject to the same benefits, controls and disciplinary actions applicable to other City employees of similar classification. The City Librarian shall remain a department head with a reporting responsibility to both the City Manager and the Board of Library Trustees. 4.0 INSURANCE AND, INDEMNIFICATION 4.1 Insurance and Indemnification. Under the terms of this Agreement, the Library Center, historical museums (Exhibit A, item "6") and the former Crocker branch library shall remain property of the City of Palm Springs and shall be insured under said City's insurance policies. Library Trustees, employees and volunteers shall continue to be indemnified by the City to the same extent as commissioners, staff and volunteers of other City departments. 5.0 TERM 5.1 T e r m. Unless earlier terminated in accordance with Section 5.2 below, this Agreement shall continue in full force and effect until June 30, 2001. 5.2 Termination Prior to Expiration of Term. Either party may terminate this Agreement at the conclusion of any fiscal year (June 30) within the term slated above. However, such termination will require at least four (4) votes on the part of either the Palm Springs City Council or the Library Board at least thirty (30) days prior to the proposed termination date. In the event of said termination the funding and management of the City's public library services will revert to the extant municipal budget and management policies. 6.0 MISCELLANEOUS 6.1 Covenant Against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this Agreement. Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 6.2 Notice. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer, CITY OF PALM SPRINGS, P. O. Box 2743, Palm Springs, California 92263, and in the case of the Contractor, to the person at the address designated on the execution page of this Agreement. 6.3 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authoship of this Agreement or any other rule of construction which might otherwise apply. 6.4 Integration: Amendment. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. 6.5 Severability— In the event that part of this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining portions of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 6.6 Waiver. No delay or omission in the exercise of any right or remedy by a nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unecessary the other party's consent to or approval of any subsequent act. Any waiver by either party of any defaut must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 6.7 Attorney's Fees. The Board of Library Trustees, City Librarian, library staff and library volunteers shall remain agents of the City of Palm Springs under the terms of this Agreement and therefore subject to the same legal defense and reimbursement for legal fees as commissions, staff and volunteers of other City departments. 6.8 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the dale first written above. CITY: CITY OF PALM SPRINGS a /municipal corporation ATTEST: Cit_L�`y Manager ----------------- --____-- CONTRACTOR: Cit Clerk CitYoL Palm Springs_ Board of Library Trustees APPROVED AS TO FORM: _�-_/_____ L/ City Attorneyk Name: eery Weiss v Title: CITY Librarian BXe'?Ip t5�i, / 3�ca—a i �370� EXHIBIT "A" eZ" SCOPE OF SERVICES In exchange for the contract allocations described in "Schedule B" of this Agreement, the contractor (Board of Library Trustees) commits to providing at least the following levels of public library services for the residents and visitors of the City of Palm Springs: 1) Library Center Schedule of Operations: The Contractor shall operate the Library Center (facility at 300 South Sunrise Way) on a twelve (12) month, six (6) day per week, fifty-five (55) hour per week schedule (exclusive of authorized municipal holidays). During this operational schedule all "Public Services" sections (reference, adult circulation, audiovisual, youth services and room rentals) will be available to the public. In addition, Contractor shall provide professional staff for at least seven (7) hours per week when the Library Center is closed to the public (for training, shelving, collection maintenance and meetings) to ensure that the quality of services remains high during the normal operational schedule (55 hours per week). The Contractor may increase the normal operational schedule during the term of this Agreement, but may not decrease it. Any increases in service beyond those described in this Agreement shall be funded by the Contractor, and not the City's General Fund, 2) Acquisitions: The contractor commits to expending at least the following amounts for new acquisitions (circulating and non-circulating books, recordings, periodicals and electronic databases) to the Library Center exclusive of cataloging, ordering and processing costs:" FY '96-'97 '97-'98 198-199 199-100 100-101 From contract allocation $142,100 145,000 150,000 150,000 155,000 From supplemental 67,900 70,000 70,000 75,000 75,000 sources $210,000 $215,000 $220,000 $225,000 $230,000 These amounts shall be employed to acquire at least 7,000 new volumes each fiscal year divided among all public services sections. 3) New Acquisitions "turn around time": The contractor commits to an average "turn around time" (time from receipt to public availability of new acquisitions) of seven calendar days or less for all new circulating and reference acquisitions. 4) Staffing: Contractor commits to all public services sections of the Library Center having adequate staffing to competently handle the demands for public library services. At least eight (8) full-time equivalent positions will be reserved for "professional" librarians possessing either a Masters Degree in Library Science or more than five years experience as a "professional" public librarian. 5) Automation: Contractor commits to employing current, efficient and "service- oriented" automation equipment in Technical Services, and all public services sections. This includes a fully automated circulation system with 24 hour per day "dial-up" capability. New automation equipment (circulation control, public access cataloging, serials control, electronic cataloging, bibliographic records, patron records and database access) will be acquired within the resources of this Agreement and without seeking additional funding from the City's General Fund. Maintenance of existing and future automation equipment from the Library Department will continue to be funded and supervised via the City's designated manager of such equipment. 6) Historical Museums: Contractor commits to the management and supervision of the Cornelia White House, Palm Springs Historical Society Museum, and the "Ruddy General Store" Museum in conjunction with the Palm Springs Historical Society and museum contractor Mr. Jim Ruddy. 7) Former Crocker Library: The contractor shall continue to manage the existing lease and future uses of the former Crocker branch library (2555 Via Miraleste). EXHIBIT "A" o� A'� EXHIBIT "B" COMPENSATION SCHEDULE The City agrees to allocate funding for management of municipal public library services under the terms of this Agreement the fallowing annual amounts: *FY 96-'97 '97- '98 ' 98- ' 99 199- 100 100- 101 $1 ,583,326 $1,599,152 $1 ,615,515 $1,631,302 $1 ,647,615 These amounts will be allocated at the beginning of each fiscal year via the City's extant budget documents and policies. Payments of claims, vouchers, invoices and other incurred expenses shall be via the City's extant practices and in accordance with all current applicable laws. All donations, fines, fees, state public library subventions and library revenues generated during the term of this Agreement shall be allocated to the Library Trust Fund and/or the Friends of the Palm Springs Library as determined by the Board of Library Trustees. *Note: These allocations will be automatically adjusted via council actions to amend the City's compensation plan as it relates to library employees. The adjustments would equal amounts determined via such Council action. EXHIBIT "B"