HomeMy WebLinkAboutAGENDA REPORT 2021 0602 CCSA REG ITEM 10GCITY OF MOORPARK, CALIFORNIA
City Council Meeting
of June 2, 2021
ACTION APPROVED STAFF
RECOMMENDATION.
G.Consider Agreement with Library Systems & Services, LLC (LSS) for Provision of
Services for Operation of the Moorpark City Library. Staff Recommendation:
Authorize the City Manager to sign the Agreement with Library Systems &
Services, LLC (LSS) for operation of the Moorpark City Library, which includes
the scope of services and compensation plan for the five-year term of the
agreement, subject to final language approval of the City Manager and City
Attorney. (Staff: Jessica Sandifer)
Item: 10.G.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Jessica Sandifer, Community Services Manager
DATE: 06/02/2021 Regular Meeting
SUBJECT: Consider Agreement with Library Systems & Services, LLC (LSS) for
Provision of Services for Operation of the Moorpark City Library
BACKGROUND
LSS has operated the Moorpark City Library since January 1, 2007. The current five-year
agreement term expires on June 30, 2021. Staff is proposing to enter into a new five-
year agreement with LSS, to continue to provide Library operations including staffing and
general expense purchases. LSS has operated the Library for 14 years and staff has
been pleased with the services and programming they have provided to the residents of
Moorpark. Due to our prior experience with LSS, the City Manager and the Department
Director have determined that services can most cost effectively and competently be
provided by LSS. Therefore, formal bidding is being waived for these services as
provided for in City Council Resolution No. 2019-3829 Governing Procurement of
Professional Services, Section 4.B.
DISCUSSION
The Agreement proposed for the next five-year term has not materially changed from the
prior agreement as it relates to the scope of work. The scope of services continues to
include staffing based on 7.5 full time equivalent (FTE) positions. The Library contract
staff will continue to provide all library services including collection development and
procurement, training, programming, and technology support for library proprietary
software systems. LSS staff costs, reciprocal borrowing, and general expenses are
included in the Agreement. The collection development and technology budgets remain
within the City’s Library budget. LSS will continue to bill the City monthly as expenditures
occur for procurement of collection and technology costs, which include library software
maintenance and licensing costs. The new agreement provides for a 2% annual increase
for staffing costs for the term of the agreement, which is 0.5% higher than the prior
contract term. The increase is due to anticipated cost of living increases, as well as the
rising costs of insurance and other employee benefits. However, based on staff’s
research it is a lower annual increase then the other LSS libraries in Ventura County, and
Item: 10.G.
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throughout the Country which on average have negotiated a 2.64% annual increase. The
agreement also contains a provision where the City can terminate the agreement without
cause at any time with six months’ notice.
With the impending construction of the new Library building, it may become necessary
during the five-year term to amend the Agreement to add additional staffing for the
considerably larger building. The existing Library is approximately 7,800 square feet and
the new Library is proposed to be 18,000 square feet. However, maintaining a similar
number of FTE’s has been a key component of the design process. Staff and the library
consulting team have had many discussions regarding overall visibility and site lines, an
open floor plan, and lessons learned from other libraries in an effort to maintain low
staffing levels. Although, the exact needs will not be known until the library design is
closer to completion, it is anticipated that the new Library will require at least one
additional FTE. Staff will return to City Council at a future date with a recommendation
regarding staffing levels and costs, and a potential amendment to the agreement if
necessary.
Staff is requesting that the City Council approve the Agreement and give signature
authority to the City Manager to sign the five-year agreement for Fiscal Year (FY) 2021/22
through FY 2025/26.
FISCAL IMPACT
The total cost of the prior agreement term totaled $2,661,089, which included staffing,
minimum wage increases, reciprocal borrowing, and general expenses. The proposed
total contractual cost for the next five-year term is outlined below:
** includes the increase in minimum wage from $14.00 in 2021 to $15.00 in 2022. Second year of
agreement includes partial minimum wage increase costs from July 2022 to December 2022.
The total contract amount for the five-year term is $2,995,270, which includes a 2%
increase for staffing and reciprocal borrowing each year. Library services are paid
through an allocation of property taxes that was taken over by the City from the County.
Currently, the property taxes received are sufficient to cover the costs of the Library
operation and maintenance expenses and staff anticipates that trend will hold through the
next five-year term. Staff feels that if current trends in spending at the Library and
property tax revenue continue as they have for the last few fiscal years, then the Library
$525,641 $11,500 $9,852 $25,000 $571,992 $47,666
$547,883 $5,750 $10,049 $25,000 $588,682 $49,057
$564,706 $10,250 $25,000 $599,956 $49,996
$576,000 $10,455 $25,000 $611,455 $50,955
$587,520 $10,664 $25,000 $623,184 $51,932
Monthly
Reciprocal
Borrowing
Se rvices
Misc.
ExpensesPeriod*Staffing
Mandated
Minimum Wage
Adjustment**
Total
July 1, 2021 - June 30, 2022
July 1, 2022 - June 30, 2023
July 1, 2023 - June 30, 2024
July 1, 2025 - June 30, 2026
July 1, 2024 - June 30, 2025
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Page 3
Fund should be able to support at least one additional FTE should it be determined
necessary for the new library. However, should a property tax reduction occur during the
term of the agreement, the City has a positive balance in the library fund of approximately
$1,200,000 that it can draw on for operating and maintenance expenses that exceed the
annual property tax allocation. As a side note, this balance increased during COVID-19
due to reduced contract costs since the Library was not fully operational for a significant
portion of the last fiscal year.
If the agreement is approved, sufficient funds will be budgeted in the FY 2021/22 Budget
for these costs.
COUNCIL GOAL COMPLIANCE
This action does not support a current strategic directive.
STAFF RECOMMENDATION
Authorize the City Manager to sign the Agreement with Library Systems & Services, LLC
(LSS) for operation of the Moorpark City Library, which includes the scope of services
and compensation plan for the five-year term of the agreement, subject to final language
approval of the City Manager and City Attorney.
Attachment: Draft Agreement with Library Systems & Services, LLC
219
AGREEMENT BETWEEN THE CITY OF MOORPARK AND
LIBRARY SYSTEMS & SERVICES, LLC (LS&S), FOR OPERATION OF THE
MOORPARK CITY LIBRARY
THIS AGREEMENT is made and effective as of this _________ day of
________________________, 2021, between the City of Moorpark, a municipal
corporation (“City”) and LIBRARY SYSTEMS & SERVICES, LLC, a Maryland limited
liability company (“Consultant”). In consideration of the mutual covenants and conditions
set forth herein, the parties agree as follows:
WHEREAS, City has the need for library services including staffing and daily
operational services (the “Services”); and
WHEREAS, Consultant specializes in providing such Services and has the proper
work experience, certifications, and background to carry out the duties involved; and
WHEREAS, Consultant has submitted to City a Proposal dated
_______________________, which is attached hereto as Exhibit B.
NOW, THEREFORE, in consideration of the mutual covenants, benefits, and
premises herein stated, the parties hereto agree as follows:
1. TERM
The term of this Agreement shall be from July 1, 2021 to June 30, 2026 in
conformance with Exhibit B, unless this Agreement is terminated or suspended pursuant
to the terms of this Agreement. City may extend the term of this Agreement, subject to
Termination as stated in Section 8, on the same terms and conditions as in effect just
before the then-current end of the term, for up to one (1) successive period of five (5)
years by providing written notice to Consultant no later than 120 days before the then-
current end of term. If this extension is exercised, the Agreement will end on June
30,2031.
2. SCOPE OF SERVICES
City does hereby retain Consultant, as an independent contractor, in a contractual
capacity to provide the Services, as set forth in Exhibit B (“Scope of Services”). In the
event there is a conflict between the provisions of Exhibit B and this Agreement, the
language contained in this Agreement shall take precedence.
Consultant shall perform the tasks described and set forth in Exhibit B. Consultant
shall complete the tasks according to the schedule of performance, which is also set forth
in Exhibit B.
Compensation for the Services to be performed by Consultant shall be in
accordance with Exhibit B. Compensation shall not exceed the rates or total contract
value of two million nine hundred ninety-five thousand two hundred seventy dollars
ATTACHMENT
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($2,995,270) as stated in Exhibit B, without a written amendment to the Agreement
executed by both parties. Payment by City to Consultant shall be in accordance with the
provisions of this Agreement.
3. STATEMENT OF EXPERIENCE
By executing this Agreement, Consultant represents that it possesses the quality,
fitness, and capacity to perform the Agreement in a manner satisfactory to City, acting
reasonably.
4. FAMILIARITY WITH SERVICES AND SITE
A. By executing this Agreement, Consultant warrants that Consultant:
(1) has investigated and considered the Scope of Services to be
performed;
(2) has considered how the Services should be performed;
(3) understands the facilities, difficulties, and restrictions attending
performance of the Services under this Agreement.
B. Consultant acknowledges that it has provided Services at the Library for 9.5
years and is fully acquainted with the conditions existing at the Library. Should
Consultant discover any latent or unknown conditions that may materially affect
the performance of Services, Consultant will immediately inform City of such
fact.
5. PERFORMANCE
A. Consultant shall at all times faithfully, competently and to the best of their
ability, experience, standard of care, and talent perform all tasks and Services
described herein. Consultant shall employ, at a minimum, generally accepted
standards and practices utilized by persons engaged in providing similar
services as are required of Consultant hereunder in meeting its obligations
under this Agreement. If Consultant fails to perform the services shown to the
satisfaction of the City, the City will notify Consultant. If Consultant continues
to fail to perform to the City's satisfaction, Consultant and the City agree to meet
and discuss solutions.
6. MANAGEMENT
The individual directly responsible for Consultant’s overall performance of the
Agreement and to serve as principal liaison between City and Consultant shall be the
LS&S Chief Library Officer, and no other individual may be substituted without prior
written approval of the City Manager.
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The City’s contact person in charge of administration of this Agreement, and to
serve as principal liaison between Consultant and City, shall be the City Manager or the
City Manager’s designee.
7. PAYMENT
Taxpayer ID or Social Security numbers must be provided, on an IRS W-9 form,
before payments may be made to vendors.
The City agrees to pay Consultant monthly, in accordance with the payment rates
and terms and the schedule of payment as set forth in Exhibit B, based upon actual time
spent on the above tasks. This amount shall not exceed two million nine hundred ninety-
five thousand two hundred seventy dollars ($2,995,270) for the total term of the
Agreement unless additional payment is approved as provided in this Agreement.
Consultant shall not be compensated for, and shall not be required to provide,
additional services in connection with its performance of this Agreement, unless such
additional services and compensation are authorized, in advance, in a written amendment
to the Agreement executed by both parties. The City Manager, if authorized by City
Council, may approve additional work not to exceed ten percent (10%) of the amount of
the Agreement.
Consultant shall submit invoices monthly for Services performed. Invoices shall be
submitted on or about the fifteenth (15th) business day of each month, or as soon
thereafter as practical, for Services provided in the previous month. Payment shall be
made within thirty (30) days of receipt of each invoice as to all non-disputed fees. Any
expense or reimbursable cost appearing on any invoice shall be accompanied by a
receipt or other documentation subject to approval of the City Manager. If the City
disputes any of Consultant’s fees or expenses it shall give written notice to Consultant
within thirty (30) days of receipt of any disputed fees set forth on the invoice.
8. TERMINATION OR SUSPENSION WITHOUT CAUSE
Either Party may terminate this Agreement with or without cause by giving the
other Party six (6) calendar months written notice of termination. The City may at any
time, for any reason, with or without cause, suspend or terminate a portion or provision
of this Agreement by serving upon the Consultant at least thirty (30) days’ prior written
notice. Upon receipt of said notice from City, the Consultant shall cease all work or a
portion or provision of the Agreement scope of work, consistent with the timing of the
suspension or termination specified in the notice. If the City suspends or terminates a
portion or provision of this Agreement, such suspension or termination shall not make
void or invalidate the remainder of this Agreement.
In the event this Agreement is terminated or suspended pursuant to this Section,
the City shall pay to Consultant the actual value of the work performed up to the time of
termination or suspension. Upon termination or suspension of the Agreement pursuant to
this Section, the Consultant will submit an invoice to the City pursuant to this Agreement.
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Notwithstanding the other provisions of this Section 8, in the event of a force
majeure event in the City, the City may immediately suspend this Agreement and
subsequently terminate this Agreement by giving Consultant thirty (30) days advanced
written notice of the force majeure event and the termination of the Agreement. For
purposes of this Agreement, the term “force majeure” is defined to mean the following:
acts of God (including fire, flood, or earthquake), acts of enemies or hostile governmental
action, terrorist attack in the City or a City fiscal emergency as declared by the City
Council.
9. DEFAULT
A. The Consultant’s failure to correct within a reasonable period of time, but in no
case later than thirty (30) days, any breach of the provisions of this Agreement
shall constitute a default. In the event that Consultant is in default for cause
under the terms of this Agreement, City shall have no obligation or duty to
continue compensating Consultant for any work performed after the date of
default and can terminate or suspend this Agreement immediately by written
notice to the Consultant. If such failure by the Consultant to make progress in
the performance of work hereunder arises out of causes beyond the
Consultant’s control, and without fault or negligence of the Consultant, it shall
not be considered a default.
B. If the City Manager or the City Manager’s designee determines that the
Consultant is in default in the performance of any of the terms or conditions of
this Agreement, designee shall cause to be served upon the Consultant a
written notice of the default. The Consultant shall have thirty (30) days after
service upon it of said notice in which to cure the default by rendering a
satisfactory performance. In the event that the Consultant fails to cure its
default within such period of time, the City shall have the right, notwithstanding
any other provision of this Agreement, to terminate this Agreement without
further notice and without prejudice to any other remedy to which it may be
entitled at law, in equity or under this Agreement.
C. If City breaches any material provision of this Agreement and fails to correct
the breach within thirty (30) days after receiving written notice specifying the
breach (or, if the breach cannot be corrected within thirty (30) days, fails to
progress diligently towards correction), then Consultant may terminate this
Agreement by giving written notice to the City.
10. OWNERSHIP OF DOCUMENTS
Consultant shall maintain complete and accurate records with respect to sales,
costs, expenses, receipts, and other such information required by City in writing that relate
to the performance of Services under this Agreement. Consultant shall maintain adequate
records of Services provided in sufficient detail to permit an evaluation of Services. All
such records shall be maintained in accordance with generally accepted accounting
principles and shall be clearly identified and readily accessible. Upon reasonable advance
notice and during normal business hours only, Consultant shall provide free access to the
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representatives of City or the City’s designees at reasonable times to such books and
records; shall give the City the right to examine and audit said books and records; shall
permit City to make transcripts therefrom as necessary; and shall allow inspection of all
work, data, documents, proceedings, and activities related to this Agreement. Notification
of audit shall be provided at least thirty (30) days before any such audit is conducted.
Such records, together with supporting documents, shall be maintained for a period of
three (3) years after receipt of final payment.
11. CONSULTANT’S BOOKS AND RECORDS
Where City has reason to believe that any of the documents or records required to
be maintained by this section may be lost or discarded due to dissolution or termination
of Consultant's business, City may, by written request, require that custody of such
documents or records be given to a person or entity mutually agreed upon and that such
documents and records thereafter be maintained by such person or entity at Consultant's
expense. Access to such documents and records must be granted to City, as well as to
its successors-in-interest and authorized representatives.
12. INDEMNIFICATION AND HOLD HARMLESS
Indemnity for professional liability: When the law establishes a professional
standard of care for Consultant’s Services, to the fullest extent permitted by law,
Consultant shall indemnify, protect, defend and hold harmless City, and any and all of its
officials, employees, and agents (“Indemnified Parties”) from and against any and all
losses, liabilities, damages, costs and expenses, including legal counsels’ fees and costs,
related to or arising from a third party claim caused in whole or in part by any negligent
or wrongful act, error or omission of Consultant, its officers, agents, employees or sub-
consultants (or any agency or individual that Consultant shall bear the legal liability
thereof) in the performance of the Services under this Agreement.
Indemnity for other than professional liability: Other than in the performance of
professional services and to the full extent permitted by law, Consultant shall indemnify,
defend and hold harmless City, and any and all of its employees, officials and agents from
and against any liability (including liability for claims, suits, actions, arbitration
proceedings, administrative proceedings, regulatory proceedings, losses, expenses or
costs of any kind, whether actual, alleged or threatened, including legal counsels’ fees
and costs, court costs, interest, defense costs, and expert witness fees), where the same
arise out of, are a consequence of, or are in any way attributable to, in whole or in part,
the performance of this Agreement by Consultant or by any individual or agency for which
Consultant is legally liable, including but not limited to officers, agents, employees or
subcontractors of Consultant.
Consultant agrees to obtain executed indemnity agreements with provisions
identical to those set forth here in this Section from each and every sub-consultant, or
any other person or entity involved by, for, with, or on behalf of Consultant in the
performance of this Agreement. In the event Consultant fails to obtain such indemnity
obligations from others as required here, Consultant agrees to be fully responsible
according to the terms of this Section. Failure of City to monitor compliance with these
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requirements imposes no additional obligations on City and will in no way act as a waiver
of any rights hereunder. This obligation to indemnify and defend City as set forth here is
binding on the successors, assigns, or heirs of Consultant and shall survive the
termination of this Agreement or this Section.
City does not and shall not waive any rights that it may have against Consultant by
reason of this Section, because of the acceptance by City, or the deposit with City, of any
insurance policy or certificate required pursuant to this Agreement. The hold harmless
and indemnification provisions shall apply regardless of whether or not said insurance
policies are determined to be applicable to any losses, liabilities, damages, costs, and
expenses described in this Section.
13. INSURANCE
Consultant shall maintain prior to the beginning of and for the duration of this
Agreement insurance coverage as specified in Exhibit A attached hereto and incorporated
herein by this reference as though set forth in full.
14. INDEPENDENT CONSULTANT
Consultant is and shall at all times remain as to the City a wholly independent
contractor. The personnel performing the Services under this Agreement on behalf of
Consultant shall at all times be under Consultant’s exclusive direction and control. Neither
City nor any of its officers, employees, or agents shall have control over the conduct of
Consultant or any of Consultant’s officers, employees, or agents, except as set forth in
this Agreement. Consultant shall not at any time or in any manner represent that it or any
of its officers, employees, or agents are in any manner officers, employees, or agents of
the City. Consultant shall not incur or have the power to incur any debt, obligation, or
liability against City, or bind City in any manner.
No employee benefits shall be available to Consultant in connection with the
performance of this Agreement. Except for the fees paid to Consultant as provided in the
Agreement, City shall not pay salaries, wages, or other compensation to Consultant for
performing Services hereunder for City. City shall not be liable for compensation or
indemnification to Consultant for injury or sickness arising out of performing Services
hereunder.
For City business purposes, position titles utilized by Consultant’s employees shall
be approved by the City Manager or the City Manager’s designee. All correspondence
and written documents prepared on behalf of the City, including but not limited to letters,
memorandums, emails, forms, and permits, shall clearly identify Consultant’s employees
as contractors or consultants, to the satisfaction of the City Manager or the City Manager’s
designee. Additionally, Consultant shall provide its employees with business cards that
clearly identify LS&S by printing the LS&S official logo on the business cards to the
satisfaction of the City Manager or the City Manager’s designee. Consultant shall also
provide its employees with metal name badges that include the employee’s name, title,
Moorpark City Library, and the official LS&S logo, to the satisfaction of the City Manager
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or the City Manager’s designee. The name badge shall be worn at all times while
conducting the business of the City of Moorpark pursuant to this Agreement.
15. LEGAL RESPONSIBILITIES
The Consultant shall keep itself informed of local, state and federal laws and
regulations which in any manner affect those employed by it or in any way affect the
performance of its service pursuant to this Agreement. The Consultant shall at all times
observe and comply with all applicable laws and regulations, including but not limited to
the Public Records Act, Americans with Disabilities Act and Occupational Safety and
Health Administration laws and regulations. The City, and its officers and employees,
shall not be liable at law or in equity occasioned by failure of the Consultant to comply
with this Section.
16. UNAUTHORIZED ALIENS
Consultant agrees to comply with all of the provisions of the Federal Immigration
and Nationality Act (8 U.S.C. § 1101 et seq., “FINA”), as amended, and further agrees
not to employ unauthorized aliens as defined in FINA. Should Consultant employ any
unauthorized aliens for any work or services covered by this Agreement, and should any
liability or sanctions be imposed against City for the use of unauthorized aliens,
Consultant agrees to reimburse City for the amount of all such liabilities or sanctions
imposed, together with any and all related costs, including attorneys’ fees, incurred by the
City.
17. ANTI DISCRIMINATION
Neither the Consultant, nor any subconsultant under the Consultant, shall
discriminate in employment of persons upon the work because of race, religious creed,
color, national origin, ancestry, physical disability, mental disability, medical condition,
genetic information, marital status, sex, gender, gender identity, gender expression, age,
sexual orientation, or military and veteran status of such person; or any other basis
protected by applicable federal, state, or local law, except as provided in Section 12940
of the Government Code. The Consultant shall have responsibility for compliance with
this Section, if applicable [Labor Code Sec. 1735].
18. UNDUE INFLUENCE
Consultant declares and warrants that no undue influence or pressure is used
against or in concert with any officer or employee of the City in connection with the award,
terms or implementation of this Agreement, including any method of coercion, confidential
financial arrangement, or financial inducement. No officer or employee of the City will
receive compensation, directly or indirectly from Consultant, or any officer, employee or
agent of Consultant, in connection with the award of this Agreement or any work to be
conducted as a result of this Agreement. Violation of this Section shall be a material
breach of this Agreement entitling the City to any and all remedies at law or in equity.
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19. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of the City, or their designees or agents, and no
public official who exercises authority over or responsibilities with respect to the Services
during his/her tenure or for one (1) year thereafter, shall have any interest, direct or
indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be
performed in connection with the Services performed under this Agreement.
20. CONFLICT OF INTEREST
The Consultant covenants and agrees that if Consultant and/or its subcontractors
intends to provide service or enter into any contract with any developer(s) and/or public
agency(ies) owning property and/or processing an entitlement application for property in
the City, during the term of this Agreement, Consultant shall promptly notify the City, in
writing, informing the City of the nature of the contract, prior to commencing any work or
entering into such contract. The City Manager shall determine whether any potential
conflict of interest exists and will assign any work related to the conflict to an alternate
contractor.
21. NOTICE
Any notice to be given pursuant to this Agreement shall be in writing, and all such
notices and any other document to be delivered shall be delivered by personal service or
by deposit in the United States mail, certified or registered, return receipt requested, with
postage prepaid, and addressed to the party for whom intended as follows:
To: City Manager
City of Moorpark
799 Moorpark Ave.
Moorpark, CA 93021
To: Todd Frager, CEO
Library Systems & Services
2600 Tower Oaks Blvd, Suite 510
Rockville, MD 20852
Either party may, from time to time, by written notice to the other, designate a
different address or contact person, which shall be substituted for the one above
specified. Notices, payments and other documents shall be deemed delivered upon
receipt by personal service or as of the third (3rd) day after deposit in the United States
mail.
22. CHANGE IN NAME
Should a change be contemplated in the name or nature of the Consultant’s legal
entity, the Consultant shall first notify the City in order that proper steps may be taken to
have the change reflected in the Agreement documents.
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23. ASSIGNMENT
Consultant shall not assign this Agreement or any of the rights, duties or
obligations hereunder. It is understood and acknowledged by the parties that Consultant
is uniquely qualified to perform the Services provided for in this Agreement.
24. LICENSES
At all times during the term of this Agreement, Consultant shall have in full force
and effect, all licenses required of it by law for the performance of the services in this
Agreement.
25. VENUE AND GOVERNING LAW
This Agreement is made, entered into, and executed in Ventura County, California,
and any action filed in any court or for arbitration for the interpretation, enforcement or
other action of the terms, conditions, or covenants referred to herein shall be filed in the
applicable court in Ventura County, California. The City and Consultant understand and
agree that the laws of the State of California shall govern the rights, obligations, duties,
and liabilities of the parties to this Agreement and also govern the interpretation of this
Agreement.
26. COST RECOVERY
In the event any action, suit or proceeding is brought for the enforcement of, or the
declaration of, any right or obligation pursuant to this Agreement or as a result of any
alleged breach of any provision of this Agreement, the prevailing party shall be entitled to
recover its costs and expenses from the losing party, and any judgment or decree
rendered in such a proceeding shall include an award thereof.
27. ENTIRE AGREEMENT
This Agreement and the Exhibits attached hereto contain the entire understanding
between the parties relating to the obligations of the parties described in this Agreement.
All prior or contemporaneous agreements, understandings, representations, and
statements, oral or written, are merged into this Agreement and shall be of no further
force or effect. Each party is entering into this Agreement based solely upon the
representations set forth herein and upon each party’s own independent investigation of
any and all facts such party deems material.
28. CAPTIONS OR HEADINGS
The captions and headings of the various Articles, Paragraphs, and Exhibits of this
Agreement are for convenience and identification only and shall not be deemed to limit
or define the content of the respective Articles, Paragraphs, and Exhibits hereof.
\
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29. AMENDMENTS
Any amendment, modification, or variation from the terms of this Agreement shall
be in writing and shall be effective only upon approval by both parties to this Agreement.
30. PRECEDENCE
In the event of conflict, this Agreement shall take precedence over any Request
for Proposal or the Consultant’s Proposal.
31. INTERPRETATION OF AGREEMENT
Should interpretation of this Agreement, or any portion thereof, be necessary, it is
deemed that this Agreement was prepared by the parties jointly and equally, and shall
not be interpreted against either party on the ground that the party prepared the
Agreement or caused it to be prepared.
32. WAIVER
No waiver of any provision of this Agreement shall be deemed, or shall constitute,
a waiver of any other provision, whether or not similar, nor shall any such waiver constitute
a continuing or subsequent waiver of the same provision. No waiver shall be binding
unless executed in writing by the party making the waiver.
33. AUTHORITY TO EXECUTE
The person or persons executing this Agreement on behalf of the Consultant
warrants and represents that he/she has the authority to execute this Agreement on
behalf of the Consultant and has the authority to bind Consultant to the performance of
obligations hereunder.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF MOORPARK LIBRARY SYSTEMS & SERVICES, LLC
__________________________________ __________________________________
Troy Brown, City Manager Todd Frager, Chief Executive Officer
Attest:
__________________________________
Ky Spangler, City Clerk
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Exhibit A
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the provision of Services, Consultant will maintain
insurance in conformance with the requirements set forth below. Consultant will use
existing coverage to comply with these requirements. If that existing coverage does not
meet requirements set forth here, Consultant agrees to amend, supplement or endorse
the existing coverage to do so. Consultant acknowledges that the insurance coverage
and policy limits set forth in this section constitute the minimum amount of coverage
required. Any insurance proceeds available to the City in excess of the limits and
coverage required in this Agreement and which is applicable to a given loss, will be
available to the City.
Consultant shall provide the following types and amounts of insurance:
Commercial General Liability Insurance using Insurance Services Office (ISO)
“Commercial General Liability” policy form CG 00 01 or the exact equivalent. Defense
costs must be paid in addition to limits. There shall be no cross-liability exclusion for
claims or suits by one insured against another. Limits are subject to review but in no event
less than $1,000,000 per occurrence for all covered losses and no less than $2,000,000
general aggregate.
Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including
symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event
to be less than $1,000,000 per accident. If Consultant owns no vehicles, this requirement
may be satisfied by a non-owned auto endorsement to the general liability policy
described above. If Consultant or Consultant’s employees will use personal autos in any
way on this project, Consultant shall provide evidence of personal auto liability for each
such person.
Workers’ Compensation on a state-approved policy form providing statutory benefits as
required by law with employer’s liability limits no less than $1,000,000 per accident or
disease.
Sexual Abuse/Molestation Liability coverage with limits of not less than $1,000,000 per
occurrence and $2,000,000 general aggregate. Coverage may be provided as part of
general liability coverage, professional liability coverage, or as a separate policy.
Consultant shall furnish City evidence of coverage in the form of a Certificate of Insurance
and an additional insured endorsement providing that City and its officers, officials,
employees, agents, and volunteers shall be additional insureds under such policies.
Insurance certificates and endorsements must be approved by City prior to
commencement of services.
Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements,
shall provide coverage at least as broad as specified for the underlying coverages.
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Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in
addition to policy limits. Policy shall contain a provision obligating insurer at the time
insured’s liability is determined, not requiring actual payment by the insured first. There
shall be no cross-liability exclusion precluding coverage for claims or suits by one insured
against another. Coverage shall be applicable to the City for injury to employees of
Consultant, subconsultants or others involved in the Work. The scope of coverage
provided is subject to approval by the City following receipt of proof of insurance as
required herein. Limits are subject to review but in no event less than $10,000,000
aggregate.
Insurance procured pursuant to these requirements shall be written by insurers that are
admitted carriers in the State of California and with an A.M. Bests rating of A- or better
and a minimum financial size of VII.
General conditions pertaining to provision of insurance coverage by Consultant.
Consultant and the City agree to the following with respect to insurance provided by
Consultant:
1. Consultant agrees to have its insurer endorse the third-party general liability
coverage required herein to include as additional insureds the City, its officials,
employees, and agents, using standard ISO endorsement CG 2010 and CG 2037
with edition acceptable to the City. Consultant also agrees to require all contractors
and subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall
prohibit Consultant, or Consultant’s employees, or agents, from waiving the right
to subrogation prior to a loss. Consultant agrees to waive subrogation rights
against the City regardless of the applicability of any insurance proceeds, and to
require all contractors and subcontractors to do likewise.
3. All insurance coverage and limits provided by Consultant and available or
applicable to this Agreement are intended to apply to the full extent of the policies.
Nothing contained in this Agreement or any other agreement relating to the City or
its operation limits the application of such insurance coverage.
4. None of the coverages required herein will be in compliance with these
requirements if they include limiting endorsement of any kind that has not been
first submitted to the City and approved in writing.
5. No liability policy shall contain any provision or definition that would serve to
eliminate so-called “third party action over” claims, including any exclusion for
bodily injury to an employee of the insured or of any contractor or subcontractor.
6. All coverage types and limits required are subject to approval, modification, and
additional requirements by the City, as the need arises. Consultant shall not make
any reductions in scope of coverage (e.g. elimination of contractual liability or
reduction of discovery period) that may affect the City’s protection without the
City’s prior written consent.
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7. Proof of compliance with these insurance requirements, consisting of certificates
of insurance evidencing all of the coverages required and an additional insured
endorsement to Consultant’s general liability policy, shall be delivered to city at or
prior to the execution of this Agreement. In the event such proof of any insurance
is not delivered as required, or in the event such insurance is canceled or reduced
at any time and no replacement coverage is provided, the City has the right, but
not the duty, to obtain any insurance it deems necessary to protect its interests
under this or any other Agreement and to pay the premium. Any premium so paid
by the City shall be charged to and promptly paid by Consultant or deducted from
sums due Consultant, at the City’s option.
8. Certificate(s) are to reflect that the insurer will provide 30 days notice to the City of
any cancellation or reduction of coverage. Consultant agrees to require its insurer
to modify such certificates to delete any exculpatory wording stating that failure of
the insurer to mail written notice of cancellation or reduction of coverage imposes
no obligation, or that any party will “endeavor” (as opposed to being required) to
comply with the requirements of the certificate.
9. It is acknowledged by the parties of this Agreement that all insurance coverage
required to be provided by Consultant or any subcontractor, is intended to apply
first and on a primary, non-contributing basis in relation to any other insurance or
self-insurance available to the City.
10. Consultant agrees to ensure that subcontractors, and any other party involved with
the Work who is brought onto or involved in the Work by Consultant, provide the
same minimum insurance required of Consultant. Consultant agrees to monitor
and review all such coverage and assumes all responsibility for ensuring that such
coverage is provided in conformity with the requirements of this section. Consultant
agrees that upon request, all agreements with subcontractors and others engaged
in the Work will be submitted to the City for review.
11. Consultant agrees not to self-insure or to use any self-insured retentions or
deductibles on any portion of the insurance required herein and further agrees that
it will not allow any contractor, subcontractor, Architect, Engineer, or other entity
or person in any way involved in the performance of Work contemplated by this
Agreement to self-insure its obligations to the City. If Consultant’s existing
coverage includes a deductible or self-insured retention, the deductible or self-
insured retention must be declared to the City. At that time, the City shall review
options with the Consultant, which may include reduction or elimination of the
deductible or self-insured retention, substitution of other coverage, or other
solutions.
12. The City reserves the right at any time during the term of the Agreement to change
the amounts and types of insurance required by giving the Consultant 90 days
advance written notice of such change. If such change results in substantial
additional cost to the Consultant, the City will negotiate additional compensation
proportional to the increased benefit to the City.
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13. For purposes of applying insurance coverage only, this Agreement will be deemed
to have been executed immediately upon any party hereto taking any steps that
can be deemed to be in furtherance of or towards performance of this Agreement.
14. Consultant acknowledges and agrees that any actual or alleged failure on the part
of the City to inform Consultant of non-compliance with an insurance requirement
in no way imposes any additional obligations to the City nor does it waive any rights
hereunder in this or any other regard.
15. Consultant will renew the required coverage annually as long as the City, or its
employees or agents face an exposure from operations of any type pursuant to
this Agreement. This obligation applies whether or not the Agreement is canceled
or terminated for any reason. Termination of this obligation is not effective until the
City executes a written statement to that effect.
16. Consultant shall provide proof that policies of insurance required herein expiring
during the term of this Agreement have been renewed or replaced with other
policies providing at least the same coverage. Proof that such coverage has been
ordered shall be submitted prior to expiration. A coverage binder or letter from
Consultant’s insurance agent to this effect is acceptable. A certificate of insurance
and/or additional insured endorsement as required in these specifications
applicable to the renewing or new coverage must be provided to the City within
five days of the expiration of coverage.
17. The provisions of any Workers’ Compensation or similar act will not limit the
obligations of Consultant under this Agreement. Consultant expressly agrees not
to use any statutory immunity defenses under such laws with respect to the City,
its employees, officials, and agents.
18. Requirements of specific coverage features or limits contained in this section are
not intended as limitations on coverage, limits, or other requirements nor as a
waiver of any coverage normally provided by any given policy. Specific reference
to a given coverage feature is for purposes of clarification only as it pertains to a
given issue, and is not intended by any party or insured to be limiting or all-
inclusive.
19. These insurance requirements are intended to be separate and distinct from any
other provision in this Agreement and are intended by the parties here to be
interpreted as such.
20. The requirements in this section supersede all other sections and provisions of this
Agreement to the extent that any other section or provision conflicts or impairs the
provisions of this section.
21. Consultant agrees to be responsible for ensuring that no contract used by any
party involved in any way with the Work reserves the right to charge the City or
Consultant for the cost of additional insurance coverage required by this
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Agreement. Any such provisions are to be deleted with reference to the City. It is
not the intent of the City to reimburse any third party for the cost of complying with
these requirements. There shall be no recourse against the City for payment of
premiums or other amounts with respect thereto.
22. Consultant agrees to provide immediate notice to City of any claim or loss against
Consultant arising out of the work performed under this Agreement. The City
assumes no obligation or liability by such notice, but has the right (but not the duty)
to monitor the handling of any such claim or claims if they are likely to involve the
City.
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EXHIBIT B
SCOPE OF SERVICES AND COMPENSATION
Fiscal Years 2021-2026
LS&S agrees to administer the operations of the Moorpark City Library (collectively,
"Library"), including staffing of the Library; the accounting for, purchase of and payment
of goods and services from vendors for approved budgeted supplies, specified technology
maintenance, Library Materials (as defined below) and Capital Items (as defined below);
and to operate the Library in accordance with the policies and guidelines approved by
City within the scope of City's approved and adopted budget.
LS&S shall provide, by and through its own employees ("LS&S Staff''), all labor for the
operation of the Library. The cost of the LS&S Staff shall be paid by LS&S and is included
in the Operating Budget (as defined below). LS&S shall have the sole and absolute
responsibility to hire and/or terminate the employment of the Library Staff from time to
time to perform work under this Agreement. LS&S will provide the appropriate staffing
levels, of no less than seven and one half (7.5) FTE's, to keep the Library open to the
public at fifty-eight (58) hours per week.
Monday through Thursday: 10:00 a.m. to 8:00 p.m.
Friday and Saturday: 10:00 a.m. - 5:00 p.m.
Sunday: 1:00 p.m. - 5:00 p.m.
LS&S will develop a long-range plan for the City upon City's request in cooperation with
City Staff, elected and appointed local officials, other community stakeholders and the
Library Staff and provide the plan in writing. Using current professional standards and
practice, the Plan will identify challenges and opportunities for the Library staff and
corresponding strategic responses; including specific, measurable goals and objectives.
The Plan will be complete for City approval on a date mutually agreed upon by both
parties. The Parties agree the Plan will take approximately six (6) months to develop.
This Plan, when approved by the City, will help govern the direction and focus of the
Library Staff in fulfillment of their mission of providing effective and efficient Library service
to meet the personal, professional and lifelong learning needs of the patrons served by
the Library.
A. Included Services
The tasks that LS&S will undertake within this Agreement include:
1. General - Under the general direction of the City Manager or City Manager's
designee, administer all aspects of the day-to-day operations of the Library,
in accordance with generally accepted practices and principles of the public
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library profession. Periodically review program development, collections,
and community development involvement activities, ensuring that
programming, services, and collections are in line with community needs.
Comply with all California laws and regulations pertaining to public library
services, including, but not limited to, the California Library Services Act.
Represent the City at relevant library meetings, including the annual
California Library Association State Librarians' meeting.
2. Community Relations:
a. Develop and maintain effective working relationships with, but not
limited to, City staff, elected officials, the Library Board, other library agency
representatives, local schools and colleges, community groups such as the
Friends of the Library, and the general public.
b. Develop a marketing plan to promote all Library services to the residents
of the City, and implement such plan subject to approval of the plan by City.
Effectively disseminate information, and promote use of the Library,
resources, and services.
c. Work cooperatively with Library support groups to coordinate library
advocacy and marketing efforts.
d. Attend City Council meetings when requested to attend by City.
3. Meetings:
a. In addition to meeting with City staff, LS&S agrees to attend the meeting
of the Moorpark City Library Board of Trustees as well as City Council
meeting when matters of the Library will be discussed and staff determines
that LS&S’s presence is necessary.
b. LS&S will be present at stakeholder and any formal Library advisory
group meetings as established by the Council when determined necessary
by the City.
c. Library staff will also attend SCLC/OCLC and other library association
meetings and provide status reports and information to City representatives.
4. Fiscal Responsibility:
a. Maintain responsibility for administration of the overall Library budget,
of which the contracted services are a part.
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b. Continually review all aspects of Library operation and service for
efficiency and cost-effectiveness, while making changes as appropriate.
c. Diligently use good faith efforts to collect and account for all fines and
fees, and remit same to City. All revenues resulting from library operations
and programs will belong to the City.
d. Prepare annual operating and capital budget requests for City approval.
e. Provide annual audited financial statements that detail the costs
associated with the operations of the Library.
f. Develop and maintain effective and efficient financial procedures.
g. Review all aspects of Library operation and service for efficiency and
cost- effectiveness, making recommendations to City for approval and
implementation.
h. Provide the City with annual audited financial statements of the
Company to demonstrate fiscal soundness.
i. Explore supplemental Library funding opportunities, and apply for those
which meet the Library's objectives, including but not limited to application
and administration services for Federal E-Rate funding.
j. Make recommendations to the City on fine and fee schedules, and
investigate and recommend supplemental revenue sources.
k. Seek and recommend grant opportunities for the Library for
consideration and approval by the City. Approval from the City must be
received prior to submittal of a grant application.
5. Management and Reporting:
a. Prepare and provide an Annual Report by the last day in February for
the previous calendar year, describing Library activities undertaken in the
calendar year as well as recommending changes in policies, and operations
as necessary and appropriate.
b. Prepare and provide quarterly financial reports to City on Library
activities designated within this Agreement. The financial reports shall detail
all expenditures made for the Library quarterly and year to date for all items
within this Agreement.
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c. Prepare and provide quarterly reports to the City describing Library
activities and recommending changes in policies, and operations as
appropriate.
d. Prepare and provide monthly statistical reports in a form acceptable to
City regarding Library activities by the fifth (5th) day of each month for
activity of the prior month.
e. City Librarian or LS&S Corporate staff shall provide City with notice
whenever staff begin or end employment with LS&S to be stationed at the
Moorpark City Library so City can collect/distribute keys and equipment as
well as enable/disable computer accounts and security codes. City Librarian
shall maintain a checklist that is to be completed whenever staff are hired
or shall no longer work at the Moorpark City Library.
f. Follow and provide any necessary documents pertaining to delinquent
library patron accounts to the City or other City designated and approved
agency.
g. Provide a list monthly, of all books and materials purchased on behalf
of the City for the Library. City shall be responsible for maintaining a
technology inventory of all technology equipment at the facility. A
comprehensive list of materials is available in the Integrated Library System
database and is available if requested by City.
h. Upon request, LS&S’s City Librarian will provide reports to the City
Manager or City Manager's designee. The City Librarian shall also serve as
Library staff liaison to any Library Board, Friends of the Library, and/or any
other Library support groups.
i. Manage the Moorpark City Library Volunteer program.
j. At least annually, survey and gather information from Library users for
use in Library planning and customer satisfaction. Form and type of survey
to be mutually agreed upon by City and LS&S.
k. Upon request, LS&S and the City Librarian shall provide a copy of any
official Moorpark Library file, either paper or electronic, to the City Manager,
or his/her designee, with the exception of internal LS&S correspondence.
All public records shall be maintained for the minimum time period required
by the City's records retention schedule and state law, and no City records
shall be destroyed without approval of the City Clerk and City Attorney. All
press releases or publicity for events shall be given to the City Manager or
City Manager's Designee for review, comment, and approval at least forty-
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eight (48) hours prior to being submitted to the media, posted on the website
or advertised to the public in any way.
6. Planning and Performance Monitoring:
a. Establish short-term and long-term goals and objectives, to be
approved by the City, reflecting a course of action that continually improves
Library service and administrative procedures and policies that meet the
changing requirements of the Library.
b. Provide core Public Library performance measurements and compile
monthly, quarterly, and annual reports to the City regarding the same.
California State Public Library Statistics will be the minimum reported
benchmark requirements.
7. Staff Development and Coaching:
a. Staff training and development is the responsibility of LS&S. LS&S shall
agree that their professional staff be appropriately trained to ensure their
continuing education requirements for professional library staff are
maintained.
b. LS&S will provide support, orientation, training and professional
development of all Library Staff.
c. LS&S will provide leadership and guidance to maximize Library Staff
effectiveness in Library operations.
d. LS&S will provide harassment, discrimination, and retaliation training to
all supervising employees at a minimum of every two years, with the initial
training to take place within ninety (90) days of the effective date of this
Agreement for current supervising employees, and within ninety (90) days
of new assignments for future incoming supervising employees.
8. Public Services:
a. Provide prompt, friendly and accurate assistance in the use of the
Library.
b. Provide prompt and accurate circulation information and reference
services.
c. Provide requested materials promptly.
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9. Materials and Collection - Review the Collection Development Plan on a
regular basis to ensure it continues to reflect community needs.
Recommendations for any Plan updates will be made with deference to
local input with final decisions on any updates made by the City. Provide
high quality materials on a wide variety of subjects in varied formats for the
community, according to established Collection Development Plans. Final
decisions on collection development policies shall be with the City.
10. Interlibrary Loan Program - Recommend interlibrary loan arrangements to
the City and, upon approval form the City, work to secure such interlibrary
loan arrangements.
11. Inland Library Network - Maintain the Moorpark City Library in the Inland
Library Network (ILN) to provide reciprocal borrowing and delivery services
and a copy of Moorpark City Library bibliographic and patron records for the
ILN servers.
12. Programming - All programs currently in place will continue and be analyzed
with recommendations on new program additions provided as part of the
Annual Report
13. Outreach - Conduct visits to school classrooms, community groups, service
clubs and other local organizations and generate ongoing publicity about
Library programs services.
14. Information Technology - Recommend plans to procure, install, and support
sufficient hardware, software, network, telecommunications and other
resources necessary to support the Library's mission.
15. Compliance with Applicable Laws - Consultant must keep itself informed of
and comply with all applicable federal, state and local laws, statutes, codes,
ordinances, regulations and rules in effect during the term of this
Agreement. This obligation includes, but is not limited to, compliance with
the requirements of the California Public Records Act and the right to
privacy of library patrons with respect to the confidentiality and non-
disclosure of registration, identification data, borrowing history, circulation
records, electronic database information, computer usage, fines, computer
searches or any other records relating to library patrons. Except as may be
required by law, and with the written approval of City, Consultant agrees to
limit access to such records to its employees and such City personnel acting
within the scope of their duties with respect to the administration and
operation of the Moorpark City Library. The City Manager or City Attorney
shall have the authority to determine the City’s response to all public records
requests.
16. Automation Support:
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a. Provide maintenance support for library computer software
associated with the Integrated Library System (ILS) and proprietary library
systems and ensure that those systems operate effectively.
b. Be responsible for acquisition and maintenance of any servers and
related hardware required for proposed ILS system and library proprietary
systems.
c. Advise the City as to recommendations in the area of automation that
would enhance service and/or decrease overall operating costs.
d. The City will provide, and when necessary, replace all software,
hardware and related peripherals, for both the use by Library staff and for
the service of the general public and will provide day-to-day maintenance
and servicing of said software, hardware, and related peripherals. The
City will provide, maintain and service computer networks and the
telephone system/network and equipment.
17. Facilities - Work with City Staff to ensure effective building maintenance by
promptly identifying and reporting problems with the physical building.
In addition to meetings with City staff, LS&S agrees to attend the meetings of the
Moorpark City Library Board of Trustees as well as City Council meetings when matters
of the Library will be discussed and staff determines that LS&S’s presence is necessary.
LS&S will be present at stakeholder and any formal Library advisory group meetings as
established by the Council when determined necessary by the City. Library staff will also
attend SCLC meetings and provide status reports and information to City representatives.
B. Excluded Services
LS&S shall have no responsibility for administration, purchase or payment of, or any
liability or duty to defend claims for:
A. Any Capital Items, which shall mean any capital acquisitions, improvements or
replacements of any of the properties, facilities, equipment, furniture, furnishings,
fixtures or leasehold improvements of the Library, except that such Capital Items
proposed by LS&S for its benefit shall be approved by the City and paid for by
LS&S.
B. Any amount of costs for unbudgeted repairs, maintenance and/or upkeep of
Capital Items owned by the City.
C. Any patron accommodations regarding the Library facilities required by the
Americans with Disabilities Act (ADA) or any similar federal, state or local
regulations. The exception being LS&S staff maintaining ADA accessibility within
the library or alerting the City of non-accessibility when unable to properly maintain
accessibility.
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Any increases in the cost of facility insurance, utilities, and any state or federal tariff items
over the rate for such items prevailing as of the date of execution of this Agreement.
C. Special Conditions
LS&S may purchase goods for use in the management and operation of the Library upon
prior written approval of the City. Title to all items purchased by LS&S on behalf of the
City shall at all times reside in the City. If LS&S furnishes any goods to the City pursuant
to this provision, LS&S will use good faith efforts to extend the manufacturer's warranty,
if any, to the City. All goods, services, and materials designated within this Agreement
are the responsibility of LS&S to procure with approval by the City prior to purchase.
D. Library Collection Management
LS&S will provide high quality materials on a wide variety of subjects in varied formats
for all age groups with a focus on demand driven collection, and according to the
established Collection Development Policy. The responsibility for the Library Collection
Development Policy will remain with the City, and all Library Materials selection and
management will be the responsibility of LS&S.
LS&S will negotiate favorable discounts and prices for the purchase of library materials
in all formats. LS&S uses a centralized Collection Management Team (CMT) comprised
of experts with decades of collection management experience and specialty knowledge
combined with insights the LS&S proprietary comprehensive collection analytics
platform (LibraryIQ). The CMT ensures significant efficiencies, cost savings, expedited
materials and enhanced performance through strong back office processes and vendor
relationship management.
LS&S Collection Management services (collectively, “Library Materials”) include:
• Acquisition, Cataloging and Processing
• Selection
• Inventory and Weeding
• LibraryIQ Platform
LS&S will place orders with the suppliers and perform the accounting functions related
to those orders, including prompt payment of the invoices. LS&S’s Collection
Management fee is variable and based on a percentage of the City’s total collection
budget. LS&S shall include a fee of five percent (5. 0%) of the cost of the Library
Materials ordered (" Materials Service Fee"). This service fee is charged an all-Library
Materials, regardless of the format of content.
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The collection development budget within the Agreement Term, as defined in the
Agreement, which is inclusive of Library Materials, sales tax, shipping, processing fees,
and the LS&S Materials Service Fee on all collection resources purchased or licensed for
the Library is budgeted within the City's Library Operating Budget and LS&S is
responsible for management of collection procurement not to exceed the allocated Library
Operating Budget for collection procurement.
E. Operating Budget and Charges
On or before the first (1st) of February of each calendar year that this Agreement is in
effect LS&S will provide the City with the projected budget for the next Fiscal Year period
(July 1 through June 30). The City will provide the proposed budget to LS&S on or before
the first (1st) of March pending final approval by City Council.
At least six (6) months prior to end of the five (5) year term to which the amount of charges
have been agreed upon, the parties shall begin to negotiate in good faith the amount of
charges that will apply to the next term, if any. If the parties have not reached such
agreement three (3) months before the end of such term, then the charges for the next
twelve (12) month period, or such fewer number of months remaining until the expiration
or termination of this Agreement, shall be equal to the charge for the last month of such
period multiplied by twelve (12) or the number of remaining months, whichever is less,
plus a Consumer Price Index (CPI) cost-of-living escalator based on the change, if any,
for the Los Angeles - Long Beach - Anaheim area over the latest twelve (12) month period.
F. Staffing and Key Personnel
The City and LS&S agree to the following breakdown of staffing services and charges for
said items provided within this Agreement.
Includes salaries, benefits, and overhead for LS&S employed on-site staff to operate the
present Library facility located at 699 Moorpark Avenue, Moorpark, California for fifty-
eight (58) hours per week, seven (7) days of service per week, including four (4) hours
on Sunday afternoons (less approved holidays). This staff will consist of no less than the
equivalent of seven and one-half (7.5) Full Time Equivalents (FTE's). At all times the
Library is open to the public, no less than two (2) employees will be scheduled. LS&S
agrees to provide the following staff positions during the term of this Agreement:
• One (1) full-time City Librarian (Master's Degree Professional)
• One (1) full-time Children’s Librarian (primary focus is 18 months of age
through grade 5) (Master's Degree Professional)
• One (1) full-time Adult/Young Adult Librarian (primary focus is grades 6 – 12
and 18 and over) (Master's Degree Professional)
• One (1) full-time Library Technician or Supervisor (evening shift, staff level)
• Three and one-half (3.5) FTE Library Associates
All personnel employed to perform the services necessary to operate the Library and to
perform the other functions of LS&S will be employees of LS&S and LS&S will pay all
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costs related to their employment. From time to time, actual staffing levels may fluctuate
due to normal turnover and attrition. LS&S agrees it will make a good faith effort to recruit
and select qualified employees to fill vacancies within a reasonable period of time in order
to maintain appropriate staffing levels. If a vacancy of a professional position designated
above occurs, LS&S must provide a replacement, or replacement hours by a qualified
person, for the vacant position at a level equal to the specification of the vacant position
within four weeks of the official date of vacancy.
In order to more effectively meet the evolving service needs of the community, from time
to time, LS&S may create or abolish positions, combine positions, reclassify positions, or
modify the organization structure of the Library Staff with prior written notice to the City,
provided it is consistent with the terms of this Agreement.
Automation system support (the Integrated Library System (ILS)) as well as management
and administrative support of all library proprietary software systems will be provided
without additional charge on an as needed basis. Maintenance of the ILS and library
proprietary software systems will be scheduled and completed on a regular basis.
The Library will follow the published SCLC Holiday Schedule and be closed on all major
U.S. holidays designated as "All System Library" closure Holidays and those other
holidays agreed upon in writing and published by the City in December of each year for
the subsequent year. The Library will close 5:00 p.m. on the following holidays if the library
is normally scheduled to remain open until 8:00 p.m.: Third of July, Thanksgiving Eve,
Christmas Eve, and New Year's Eve. In addition, the Library will be closed one mutually
agreed upon day each year for staff development day/training day and City building and
technology maintenance day.
LS&S agrees to conduct background checks, including checks for criminal and sex
offender history, for all employees working within the Library facilities or for the Library in
any capacity as part of its Library Staff. LS&S will comply with established City processes
and protocols for Library volunteers, including any required background checks. Per the
LS&S handbook: current employees of LS&S must notify their supervisor within five (5)
days of a conviction or guilty plea to a criminal violation. Once informed, supervisors shall
immediately notify Human Resources of any such conviction or guilty plea. Failure to
report a conviction or guilty plea is grounds for discipline, up to and including, termination
of employment. LS&S shall not use an employee or volunteer who fails to receive a
satisfactory fingerprint or criminal history report (e.g., a fingerprint or criminal history
report showing conviction of certain criminal offenses that would make it illegal for such
individuals to have direct supervisory or disciplinary authority over minors) in the service
of this Agreement.
LS&S will also fingerprint employees and volunteers that will work at the Library through
the Department of Justice (DOJ) Livescan program. LS&S agrees to do so for all
employees, as a condition of employment, and volunteers, aged 18 or older, working
within the Library facility or for the Library in any capacity where they may be in a
supervisory or influential role with minors as determined by the City and to pay the costs
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of said fingerprinting. LS&S also agrees to follow the City of Moorpark Fingerprinting
Resolution criteria when fingerprinting their potential employees and volunteers.
LS&S Understands and agrees to provide written acknowledgement from each employee
providing library services for the City that the employee has read and agrees to comply
with the City Council adopted Policy against Harassment, Discrimination, and Retaliation,
as it may be amended from time to time.
The use of City supplied computer equipment and software as well as internet and e- mail
use requires the appropriate, efficient, ethical, and legal utilization of City computer
hardware and network resources. The use of computer hardware and network resources
must support the City's objective and be consistent with the City's mission. Users must
abide by the City's policies, administrative directives, procedures, rules, regulations and
guidelines. If a user violates any of the City provisions, his/her access to the computer
network and the use of computer equipment may be denied. The City reserves the right
to disallow any LS&S employee who violates any of the City provisions to provide Library
services under this Agreement.
LS&S understands and agrees to provide written acknowledgement from each employee
providing Library services for the City that the employee has read and agrees to comply
with the City Manager adopted procedure concerning the Appropriate Use of City
Computer and Related Equipment and Acceptable Internet and E-mail Use on City's
Computers, as may be amended from time to time.
LS&S agrees to comply with all State and Federal child labor laws for the employment of,
or use of, minors as volunteers.
Compensation for the term of the Agreement is outlined in the following table:
*Mandated Minimum Wage Adjustment is in accordance with the California Minimum
Wage Order (MW-2019). Minimum Wage is currently at $14.00/hour in 2021 and will
be raised to $15.00/hour in 2022. The City understands that minimum wage above
and beyond MW-2019 is not included in this pricing schedule and agrees to discuss
with LSS on any potential impacts of future minimum wage changes.
City and Contractor shall review Materials and Technology budgets annually as part of
the budgetary process. Approved expenditure amounts shall be included within the City
of Moorpark Library Services Budget as outlined below.
$525,641 $11,500 $9,852 $25,000 $571,992 $47,666
$547,883 $5,750 $10,049 $25,000 $588,682 $49,057
$564,706 $10,250 $25,000 $599,956 $49,996
$576,000 $10,455 $25,000 $611,455 $50,955
$587,520 $10,664 $25,000 $623,184 $51,932
Monthly
Reciprocal
Borrowing
Services
Misc.
ExpensesPeriod*Staffing
Mandated
Minimum Wage
Adjustment**
Total
July 1, 2021 - June 30, 2022
July 1, 2022 - June 30, 2023
July 1, 2023 - June 30, 2024
July 1, 2025 - June 30, 2026
July 1, 2024 - June 30, 2025
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G. General Expenses
General Expenses include, but are not limited to, office supplies, paper and other
consumables used by staff and the public; administrative costs include but are not limited
to training, travel, petty cash purchases, postage, printing, marketing, etcetera as
approved by City; and programming expenses including, but not limited to, all expenses
(excluding contracted performers, authors, etcetera which are included in the City's
Library budget) associated to programming identified within this Agreement. LS&S will
purchase only new, un- refurbished consumables for use with Library equipment. If for
any reason, LS&S expends money without prior written approval and authorization or
expends funds which exceed the budgeted amount identified and approved for a
particular expenditure, LS&S is responsible for those expenditures as incurred.
H. Programming
During the Agreement term, LS&S agrees to provide, at minimum, the following
programming/events and pay all program/event related expenses for items identified
below. Identified items in Section G will be funded, with the exception of summer reading
club expenses and contracted individuals (performers or authors, etcetera) for events as
pre-approved by City, with funds identified in Section F of this Agreement. The City and
LS&S will continue to meet and evaluate programming and make recommendations for
changes as necessary.
• Weekly Pre-school Story Time and occasional bilingual story time events; with guest
story time presenters on occasion to provide variety for attendees.
• Monthly Family and/or Adult Focused programming such as book clubs, seminars,
etcetera and/or Family craft workshops incorporating holidays, occasions, or themes.
• Weekly Summer Reading Club events, to be supplemented with smaller events on
other days of the week at various times of day, to provide summer library activities to
a broad number of youth in the community. LS&S will plan and execute these events.
• Monthly Teen Events and a Teen Summer Reading Program.
• LS&S shall include detailed expense reports for reimbursement as needed, and the
City shall pay expenses incurred for Summer Reading Clubs at an amount not to
exceed a mutually agreed upon budget.
• Quarterly library related Adult and/or Family Events to be held at the Library, High
Street Arts Center, or other venue to accommodate larger crowds. These events
would provide an awareness and visibility of the Library to larger audiences than the
Library can accommodate.
• Upon prior approval and authorization of expenditures by City, LS&S shall include
detailed expense reports for reimbursement as needed for quarterly library related
Adult and/or Family events to be held at the Library, High Street Arts Center, or other
venue to accommodate larger crowds, and the City shall pay expenses incurred at an
amount not to exceed a mutually agreed upon budget.
• Library participation in the Moorpark Arts Festival, Day in the Park, and other City
sponsored events as well as community events such as Moorpark Country Days.
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• Ongoing Community Outreach efforts including use of Social Media and other web
based outreach as well as face to face community outreach.
I. Breakdown of Costs and Expenses - Monthly Variable Costs included in the
City of Moorpark Library Operations Budget
Total cost of Automation Maintenance, Software, and Licensing costs as well as
Collection procurement are included in the City of Moorpark Operating Budget for Fiscal
Years throughout the Term of this Agreement and shall include sales tax, shipping,
processing fees, and the Materials Handling Fee of five percent (5%) for collection
purchases.
An annual expenditure budget will be provided to LS&S by the City which covers
Automation Maintenance, Software and Licensing costs as well as Collection
Procurement identified to take place during each Fiscal Year during the Term of this
Agreement. LS&S is authorized to expend funds for identified purposes as approved by
Council within the City Budget. City staff will provide LS&S with the approved budget for
automation maintenance, software, and licensing costs and collection procurement on or
before July first (1st) of each year. If for any reason, LS&S expends money without prior
written approval and authorization or expends funds which exceed the budgeted amount
identified and approved for a particular expenditure, LS&S is responsible for those
expenditures as incurred. LS&S will bill the City for variable costs breaking out each
category - Automation Maintenance, Software, and Licensing Costs; and Collection
Procurement on the invoices with detailed expenditure descriptions and backing
documentation for each of these items.
Library Software, Maintenance, and Licensing Costs
All technology software and maintenance costs for the automation system and Library
specific software programs, as well as all other items listed below, will be paid by LS&S
as invoiced by vendors at a not-to-exceed amount identified within the City of Moorpark's
Library Budget and agreed upon by LS&S as part of the annual budgeting process. LS&S
will subsequently include the items on the next monthly City invoice for reimbursement at
actual cost incurred:
• ILS approved by the City
• Annual maintenance of all implemented components of Envisionware or other
System for Computer Reservations and Filtering approved by the City
• Any filtering solution appropriate to be run with library proprietary software
• SCLC Membership and all related SCLC Service Costs
• OCLC Annual Costs
• Homework Help System Costs
• Barcodes
• Patron Cards
• Electronic Resources
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All technology hardware will be budgeted by and purchased by the City, maintained by
the City, and invoices paid by the City. Hardware used by LS&S for hosting of the
Integrated Library System (ILS) or for storage of library proprietary data gathered by
library the ILS are the sole responsibility of LS&S and shall be maintained by LS&S under
the terms of this Agreement.
Collection Development
Costs for collection development over this Agreement period, including sales tax,
shipping, processing fees, and the LS&S service fee charge of five percent (5%) on all
collection resources purchased or licensed for the library are budgeted in the City's
budget. LS&S is authorized to procure material and pay invoices as invoiced by vendors
and, subsequently, invoice the City for the cost of collection purchases plus the five
percent (5%) service fee including, details of purchases must be included with LS&S
invoices, at an amount not-to-exceed the City budgeted amount for collection
procurement. If for any reason, LS&S expends money without prior written approval and
authorization or expends funds which exceed the budgeted amount identified and
approved for a particular expenditure, LS&S is responsible for those expenditures as
incurred.
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